1.1 	A bill for an act
1.2 	relating to child custody; disallowing persons with
1.3 	specified criminal convictions from becoming
1.4 	custodians of unrelated children; amending Minnesota
1.5 	Statutes 2004, sections 257C.03, subdivision 7;
1.6 	518.179, by adding a subdivision.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2004, section 257C.03,
1.9 	subdivision 7, is amended to read:
1.10 		Subd. 7.Interested third party; burden of proof;
1.11 	factors.  (a) To establish that an individual is an interested
1.12 	third party, the individual must:
1.13 	(1) show by clear and convincing evidence that one of the
1.14 	following factors exist:
1.15 	(i) the parent has abandoned, neglected, or otherwise
1.16 	exhibited disregard for the child's well-being to the extent
1.17 	that the child will be harmed by living with the parent;
1.18 	(ii) placement of the child with the individual takes
1.19 	priority over preserving the day-to-day parent-child
1.20 	relationship because of the presence of physical or emotional
1.21 	danger to the child, or both; or
1.22 	(iii) other extraordinary circumstances; and 
1.23 	(2) prove by a preponderance of the evidence that it is in
1.24 	the best interests of the child to be in the custody of the
1.25 	interested third party; and 
1.26 	(3) show by clear and convincing evidence that granting the
2.1 	petition would not violate section 518.179, subdivision 1a.
2.2 	(b) The following factors must be considered by the court
2.3 	in determining an interested third party's petition:
2.4 	(1) the amount of involvement the interested third party
2.5 	had with the child during the parent's absence or during the
2.6 	child's lifetime;
2.7 	(2) the amount of involvement the parent had with the child
2.8 	during the parent's absence;
2.9 	(3) the presence or involvement of other interested third
2.10 	parties;
2.11 	(4) the facts and circumstances of the parent's absence;
2.12 	(5) the parent's refusal to comply with conditions for
2.13 	retaining custody set forth in previous court orders;
2.14 	(6)  whether the parent now seeking custody was previously
2.15 	prevented from doing so as a result of domestic violence;
2.16 	(7) whether a sibling of the child is already in the care
2.17 	of the interested third party; and
2.18 	(8) the existence of a standby custody designation under
2.19 	chapter 257B.
2.20 	(c) In determining the best interests of the child, the
2.21 	court must apply the standards in section 257C.04.

2.22 	Sec. 2. Minnesota Statutes 2004, section 518.179, is
2.23 	amended by adding a subdivision to read:
2.24 		Subd. 1a.Custody of child. A person convicted of a
2.25 	crime described in subdivision 2 may not be considered for
2.26 	custody of a child unless the child is the person's child by
2.27 	birth or adoption.