1.1 	A bill for an act
1.2 	relating to family law; changing certain requirements
1.3 	and procedures; requiring notification of certain
1.4 	convictions by custodial parent; changing certain
1.5 	paternity presumptions; limiting child custody rights
1.6 	of persons with certain convictions; changing
1.7 	procedures for removing a child's residence from the
1.8 	state; authorizing Department of Human Services to
1.9 	collect spousal maintenance; amending Minnesota
1.10 	Statutes 2004, sections 257.55, subdivision 1; 257.57,
1.11 	subdivision 2; 257.62, subdivision 5; 257C.03,
1.12 	subdivision 7; 259.24, subdivisions 1, 2a, 5, 6a;
1.13 	260C.201, subdivision 11; 260C.212, subdivision 4;
1.14 	484.65, subdivision 9; 518.1705, subdivision 7;
1.15 	518.175, subdivision 3; 518.179, by adding a
1.16 	subdivision; 518.18; 518.191, subdivisions 2, 4;
1.17 	518.54, subdivision 4a; 518.551, subdivision 1;
1.18 	518.58, subdivision 4; proposing coding for new law in
1.19 	Minnesota Statutes, chapters 257; 260C.
1.20 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.21 	Section 1. [257.026] NOTIFICATION OF RESIDENCE WITH
1.22 	CERTAIN CONVICTED PERSONS.
1.23 	A person who is granted custody of a child under this
1.24 	chapter or chapter 518 must notify the child's noncustodial
1.25 	parent, if any, and the court that granted the custody if the
1.26 	person with custody marries or begins living in the same
1.27 	residence with a person who has been convicted of a crime listed
1.28 	in section 518.179, subdivision 2.  The court must hold a
1.29 	hearing within 30 days to determine whether the existing custody
1.30 	situation is still in the best interests of the child or custody
1.31 	of the child should be transferred to a different person.

1.32 	Sec. 2. Minnesota Statutes 2004, section 257.55,
2.1 	subdivision 1, is amended to read:
2.2 		Subdivision 1.Presumption.  A man is presumed to be the
2.3 	biological father of a child if:
2.4 	(a) He and the child's biological mother are or have been
2.5 	married to each other and the child is born during the marriage,
2.6 	or within 280 days after the marriage is terminated by death,
2.7 	annulment, declaration of invalidity, dissolution, or divorce,
2.8 	or after a decree of legal separation is entered by a court.
2.9 	The presumption in this paragraph does not apply if the man has
2.10 	joined in a recognition of parentage recognizing another man as
2.11 	the biological father under section 257.75, subdivision 1a;
2.12 	(b) Before the child's birth, he and the child's biological
2.13 	mother have attempted to marry each other by a marriage
2.14 	solemnized in apparent compliance with law, although the
2.15 	attempted marriage is or could be declared void, voidable, or
2.16 	otherwise invalid, and,
2.17 	(1) if the attempted marriage could be declared invalid
2.18 	only by a court, the child is born during the attempted
2.19 	marriage, or within 280 days after its termination by death,
2.20 	annulment, declaration of invalidity, dissolution or divorce; or
2.21 	(2) if the attempted marriage is invalid without a court
2.22 	order, the child is born within 280 days after the termination
2.23 	of cohabitation;
2.24 	(c) After the child's birth, he and the child's biological
2.25 	mother have married, or attempted to marry, each other by a
2.26 	marriage solemnized in apparent compliance with law, although
2.27 	the attempted marriage is or could be declared void, voidable,
2.28 	or otherwise invalid, and,
2.29 	(1) he has acknowledged his paternity of the child in
2.30 	writing filed with the state registrar of vital statistics;
2.31 	(2) with his consent, he is named as the child's father on
2.32 	the child's birth record; or
2.33 	(3) he is obligated to support the child under a written
2.34 	voluntary promise or by court order;
2.35 	(d) While the child is under the age of majority, he
2.36 	receives the child into his home During the first two years of
3.1 	the child's life, he resided in the same household with the
3.2 	child for at least 12 months and openly holds held out the child
3.3 	as his biological child own;
3.4 	(e) He and the child's biological mother acknowledge his
3.5 	paternity of the child in a writing signed by both of them under
3.6 	section 257.34 and filed with the state registrar of vital
3.7 	statistics.  If another man is presumed under this paragraph to
3.8 	be the child's father, acknowledgment may be effected only with
3.9 	the written consent of the presumed father or after the
3.10 	presumption has been rebutted;
3.11 	(f) Evidence of statistical probability of paternity based
3.12 	on blood or genetic testing establishes the likelihood that he
3.13 	is the father of the child, calculated with a prior probability
3.14 	of no more than 0.5 (50 percent), is 99 percent or greater;
3.15 	(g) He and the child's biological mother have executed a
3.16 	recognition of parentage in accordance with section 257.75 and
3.17 	another man is presumed to be the father under this subdivision;
3.18 	(h) (g) He and the child's biological mother have executed
3.19 	a recognition of parentage in accordance with section 257.75 and
3.20 	another man and the child's mother have executed a recognition
3.21 	of parentage in accordance with section 257.75; or
3.22 	(i) (h) He and the child's biological mother executed a
3.23 	recognition of parentage in accordance with section 257.75 when
3.24 	either or both of the signatories were less than 18 years of age.

3.25 	Sec. 3. Minnesota Statutes 2004, section 257.57,
3.26 	subdivision 2, is amended to read:
3.27 		Subd. 2.Actions under other paragraphs of section
3.28 	257.55, subdivision 1.  The child, the mother, or personal
3.29 	representative of the child, the public authority chargeable by
3.30 	law with the support of the child, the personal representative
3.31 	or a parent of the mother if the mother has died or is a minor,
3.32 	a man alleged or alleging himself to be the father, or the
3.33 	personal representative or a parent of the alleged father if the
3.34 	alleged father has died or is a minor may bring an action:
3.35 	(1) at any time for the purpose of declaring the existence
3.36 	of the father and child relationship presumed under section 
4.1 	sections 257.55, subdivision 1, paragraph (d), (e), (f),(g), or
4.2 	(h), and 257.62, subdivision 5, paragraph (b),or the
4.3 	nonexistence of the father and child relationship presumed under
4.4 	section 257.55, subdivision 1,clause (d) of that subdivision;
4.5 	(2) for the purpose of declaring the nonexistence of the
4.6 	father and child relationship presumed under section 257.55,
4.7 	subdivision 1, paragraph (e) or (g), only if the action is
4.8 	brought within six months after the person bringing the action
4.9 	obtains the results of blood or genetic tests that indicate that
4.10 	the presumed father is not the father of the child;
4.11 	(3) for the purpose of declaring the nonexistence of the
4.12 	father and child relationship presumed under section 257.55,
4.13 	subdivision 1, paragraph (f) 257.62, subdivision 5, paragraph
4.14 	(b), only if the action is brought within three years after the
4.15 	party bringing the action, or the party's attorney of record,
4.16 	has been provided the blood or genetic test results; or
4.17 	(4) for the purpose of declaring the nonexistence of the
4.18 	father and child relationship presumed under section 257.75,
4.19 	subdivision 9, only if the action is brought by the minor
4.20 	signatory within six months after the minor signatory reaches
4.21 	the age of 18.  In the case of a recognition of parentage
4.22 	executed by two minor signatories, the action to declare the
4.23 	nonexistence of the father and child relationship must be
4.24 	brought within six months after the youngest signatory reaches
4.25 	the age of 18.

4.26 	Sec. 4. Minnesota Statutes 2004, section 257.62,
4.27 	subdivision 5, is amended to read:
4.28 		Subd. 5.Positive test results.  (a) If the results of
4.29 	blood or genetic tests completed in a laboratory accredited by
4.30 	the American Association of Blood Banks indicate that the
4.31 	likelihood of the alleged father's paternity, calculated with a
4.32 	prior probability of no more than 0.5 (50 percent), is 92
4.33 	percent or greater, upon motion the court shall order the
4.34 	alleged father to pay temporary child support determined
4.35 	according to chapter 518.  The alleged father shall pay the
4.36 	support money to the public authority if the public authority is
5.1 	a party and is providing services to the parties or, if not,
5.2 	into court pursuant to the Rules of Civil Procedure to await the
5.3 	results of the paternity proceedings.
5.4 	(b) If the results of blood or genetic tests completed in a
5.5 	laboratory accredited by the American Association of Blood Banks
5.6 	indicate that likelihood of the alleged father's paternity,
5.7 	calculated with a prior probability of no more than 0.5 (50
5.8 	percent), is 99 percent or greater, there is an evidentiary
5.9 	presumption that the alleged father is presumed to be the parent 
5.10 	biological father and the party opposing the establishment of
5.11 	the alleged father's paternity has the burden of proving by
5.12 	clear and convincing evidence that the alleged father is not the
5.13 	father of the child.
5.14 	(c) A determination under this subdivision that the alleged
5.15 	father is the biological father does not preclude the
5.16 	adjudication of another man as the legal father pursuant to
5.17 	section 257.55, subdivision 2, nor does it allow the donor of
5.18 	genetic material for assisted reproduction for the benefit of
5.19 	the recipient parent or parents, whether sperm or ovum (egg), to
5.20 	claim to be the child's biological or legal parent or both.

5.21 	Sec. 5. Minnesota Statutes 2004, section 257C.03,
5.22 	subdivision 7, is amended to read:
5.23 		Subd. 7.Interested third party; burden of proof;
5.24 	factors.  (a) To establish that an individual is an interested
5.25 	third party, the individual must:
5.26 	(1) show by clear and convincing evidence that one of the
5.27 	following factors exist:
5.28 	(i) the parent has abandoned, neglected, or otherwise
5.29 	exhibited disregard for the child's well-being to the extent
5.30 	that the child will be harmed by living with the parent;
5.31 	(ii) placement of the child with the individual takes
5.32 	priority over preserving the day-to-day parent-child
5.33 	relationship because of the presence of physical or emotional
5.34 	danger to the child, or both; or
5.35 	(iii) other extraordinary circumstances; and 
5.36 	(2) prove by a preponderance of the evidence that it is in
6.1 	the best interests of the child to be in the custody of the
6.2 	interested third party; and 
6.3 	(3) show by clear and convincing evidence that granting the
6.4 	petition would not violate section 518.179, subdivision 1a.
6.5 	(b) The following factors must be considered by the court
6.6 	in determining an interested third party's petition:
6.7 	(1) the amount of involvement the interested third party
6.8 	had with the child during the parent's absence or during the
6.9 	child's lifetime;
6.10 	(2) the amount of involvement the parent had with the child
6.11 	during the parent's absence;
6.12 	(3) the presence or involvement of other interested third
6.13 	parties;
6.14 	(4) the facts and circumstances of the parent's absence;
6.15 	(5) the parent's refusal to comply with conditions for
6.16 	retaining custody set forth in previous court orders;
6.17 	(6)  whether the parent now seeking custody was previously
6.18 	prevented from doing so as a result of domestic violence;
6.19 	(7) whether a sibling of the child is already in the care
6.20 	of the interested third party; and
6.21 	(8) the existence of a standby custody designation under
6.22 	chapter 257B.
6.23 	(c) In determining the best interests of the child, the
6.24 	court must apply the standards in section 257C.04.

6.25 	Sec. 6. Minnesota Statutes 2004, section 259.24,
6.26 	subdivision 1, is amended to read:
6.27 		Subdivision 1.Exceptions.  No child shall be adopted
6.28 	without the consent of the child's parents and the child's
6.29 	guardian, if there be one, except in the following instances:
6.30 	(a) Consent shall not be required of a parent not entitled
6.31 	to notice of the proceedings.
6.32 	(b) Consent shall not be required of a parent who has
6.33 	abandoned the child, or of a parent who has lost custody of the
6.34 	child through a divorce decree or a decree of dissolution, and
6.35 	upon whom notice has been served as required by section 259.49.
6.36 	(c) Consent shall not be required of a parent whose
7.1 	parental rights to the child have been terminated by a juvenile
7.2 	court or who has lost custody of a child through a final
7.3 	commitment of the juvenile court or through a decree in a prior
7.4 	adoption proceeding.
7.5 	(d) If there be no parent or guardian qualified to consent
7.6 	to the adoption, the consent may must be given by the
7.7 	commissioner. After the court accepts a parent's consent to the
7.8 	adoption under section 260C.201, subdivision 11, consent by the
7.9 	commissioner or the commissioner's designee is also necessary.
7.10 	Agreement to the identified prospective adoptive parent by the
7.11 	responsible social services agency under section 260C.201,
7.12 	subdivision 11, does not constitute the required consent.
7.13 	(e) The commissioner or agency having authority to place a
7.14 	child for adoption pursuant to section 259.25, subdivision 1,
7.15 	shall have the exclusive right to consent to the adoption of
7.16 	such child.  The commissioner or agency shall make every effort
7.17 	to place siblings together for adoption.  Notwithstanding any
7.18 	rule to the contrary, the commissioner may delegate the right to
7.19 	consent to the adoption or separation of siblings, if it is in
7.20 	the child's best interest, to a local social services agency.

7.21 	Sec. 7. Minnesota Statutes 2004, section 259.24,
7.22 	subdivision 2a, is amended to read:
7.23 		Subd. 2a.Time of consent; notice of intent to consent to
7.24 	adoption.  (a) Not sooner than 72 hours after the birth of a
7.25 	child and not later than 60 days after the child's placement in
7.26 	a prospective adoptive home, a person whose consent is required
7.27 	under this section shall execute a consent.
7.28 	(b) Unless all birth parents from whom consent is required
7.29 	under this section are involved in making the adoptive placement
7.30 	and intend to consent to the adoption, a birth parent who
7.31 	intends to execute a consent to an adoption must give notice to
7.32 	the child's other birth parent of the intent to consent to the
7.33 	adoption prior to or within 72 hours following the placement of
7.34 	the child, if the other birth parent's consent to the adoption
7.35 	is required under subdivision 1.  The birth parent who receives
7.36 	notice shall have 60 days after the placement of the child to
8.1 	either consent or refuse to consent to the adoption.  If the
8.2 	birth parent who receives notice fails to take either of these
8.3 	actions, that parent shall be deemed to have irrevocably
8.4 	consented to the child's adoption. The notice provisions of
8.5 	chapter 260C and the rules of juvenile protection procedure
8.6 	shall apply to both parents when the consent to adopt is
8.7 	executed under section 260C.201, subdivision 11.
8.8 	(c) When notice is required under this subdivision, it
8.9 	shall be provided to the other birth parent according to the
8.10 	Rules of Civil Procedure for service of a summons and complaint.

8.11 	Sec. 8. Minnesota Statutes 2004, section 259.24,
8.12 	subdivision 5, is amended to read:
8.13 		Subd. 5.Execution.  All consents to an adoption shall be
8.14 	in writing, executed before two competent witnesses, and
8.15 	acknowledged by the consenting party.  In addition, all consents
8.16 	to an adoption, except those by the commissioner, the
8.17 	commissioner's agent, a licensed child-placing agency, an adult
8.18 	adoptee, or the child's parent in a petition for adoption by a
8.19 	stepparent, shall be executed before a representative of the
8.20 	commissioner, the commissioner's agent, or a licensed
8.21 	child-placing agency.  All consents by a parent:
8.22 	(1) shall contain notice to the parent of the substance of
8.23 	subdivision 6a, providing for the right to withdraw
8.24 	consent unless the parent will not have the right to withdraw
8.25 	consent because consent was executed under section 260C.201,
8.26 	subdivision 11, following proper notice that consent given under
8.27 	that provision is irrevocable upon acceptance by the court as
8.28 	provided in subdivision 6a; and
8.29 	(2) shall contain the following written notice in all
8.30 	capital letters at least one-eighth inch high:
8.31 	"This agency will submit your consent to adoption to the
8.32 	court.  The consent itself does not terminate your parental
8.33 	rights.  Parental rights to a child may be terminated only by an
8.34 	adoption decree or by a court order terminating parental
8.35 	rights.  Unless the child is adopted or your parental rights are
8.36 	terminated, you may be asked to support the child."
9.1 	Consents shall be filed in the adoption proceedings at any
9.2 	time before the matter is heard provided, however, that a
9.3 	consent executed and acknowledged outside of this state, either
9.4 	in accordance with the law of this state or in accordance with
9.5 	the law of the place where executed, is valid.

9.6 	Sec. 9. Minnesota Statutes 2004, section 259.24,
9.7 	subdivision 6a, is amended to read:
9.8 		Subd. 6a.Withdrawal of consent. Except for consents
9.9 	executed under section 260C.201, subdivision 11,a parent's
9.10 	consent to adoption may be withdrawn for any reason within ten
9.11 	working days after the consent is executed and acknowledged.
9.12 	Written notification of withdrawal of consent must be received
9.13 	by the agency to which the child was surrendered no later than
9.14 	the tenth working day after the consent is executed and
9.15 	acknowledged.  On the day following the tenth working day after
9.16 	execution and acknowledgment, the consent shall become
9.17 	irrevocable, except upon order of a court of competent
9.18 	jurisdiction after written findings that consent was obtained by
9.19 	fraud. A consent to adopt executed under section 260C.201,
9.20 	subdivision 11, is irrevocable upon proper notice to both
9.21 	parents of the effect of a consent to adopt and acceptance by
9.22 	the court, except upon order of the same court after written
9.23 	findings that the consent was obtained by fraud.In proceedings
9.24 	to determine the existence of fraud, the adoptive parents and
9.25 	the child shall be made parties.  The proceedings shall be
9.26 	conducted to preserve the confidentiality of the adoption
9.27 	process.  There shall be no presumption in the proceedings
9.28 	favoring the birth parents over the adoptive parents.

9.29 	Sec. 10. Minnesota Statutes 2004, section 260C.201,
9.30 	subdivision 11, is amended to read:
9.31 		Subd. 11.Review of court-ordered placements; permanent
9.32 	placement determination.  (a) This subdivision and subdivision
9.33 	11a do not apply in cases where the child is in placement due
9.34 	solely to the child's developmental disability or emotional
9.35 	disturbance, where legal custody has not been transferred to the
9.36 	responsible social services agency, and where the court finds
10.1 	compelling reasons under section 260C.007, subdivision 8, to
10.2 	continue the child in foster care past the time periods
10.3 	specified in this subdivision.  Foster care placements of
10.4 	children due solely to their disability are governed by section
10.5 	260C.141, subdivision 2b.  In all other cases where the child is
10.6 	in foster care or in the care of a noncustodial parent under
10.7 	subdivision 1, the court shall conduct a hearing to determine
10.8 	the permanent status of a child not later than 12 months after
10.9 	the child is placed in foster care or in the care of a
10.10 	noncustodial parent.
10.11 	For purposes of this subdivision, the date of the child's
10.12 	placement in foster care is the earlier of the first
10.13 	court-ordered placement or 60 days after the date on which the
10.14 	child has been voluntarily placed in foster care by the child's
10.15 	parent or guardian.  For purposes of this subdivision, time
10.16 	spent by a child under the protective supervision of the
10.17 	responsible social services agency in the home of a noncustodial
10.18 	parent pursuant to an order under subdivision 1 counts towards
10.19 	the requirement of a permanency hearing under this subdivision
10.20 	or subdivision 11a.
10.21 	For purposes of this subdivision, 12 months is calculated
10.22 	as follows:
10.23 	(1) during the pendency of a petition alleging that a child
10.24 	is in need of protection or services, all time periods when a
10.25 	child is placed in foster care or in the home of a noncustodial
10.26 	parent are cumulated;
10.27 	(2) if a child has been placed in foster care within the
10.28 	previous five years under one or more previous petitions, the
10.29 	lengths of all prior time periods when the child was placed in
10.30 	foster care within the previous five years are cumulated.  If a
10.31 	child under this clause has been in foster care for 12 months or
10.32 	more, the court, if it is in the best interests of the child and
10.33 	for compelling reasons, may extend the total time the child may
10.34 	continue out of the home under the current petition up to an
10.35 	additional six months before making a permanency determination.
10.36 	(b) Unless the responsible social services agency
11.1 	recommends return of the child to the custodial parent or
11.2 	parents, not later than 30 days prior to this hearing, the
11.3 	responsible social services agency shall file pleadings in
11.4 	juvenile court to establish the basis for the juvenile court to
11.5 	order permanent placement of the child according to paragraph
11.6 	(d).  Notice of the hearing and copies of the pleadings must be
11.7 	provided pursuant to section 260C.152.  If a termination of
11.8 	parental rights petition is filed before the date required for
11.9 	the permanency planning determination and there is a trial under
11.10 	section 260C.163 scheduled on that petition within 90 days of
11.11 	the filing of the petition, no hearing need be conducted under
11.12 	this subdivision.
11.13 	(c) At the conclusion of the hearing, the court shall order
11.14 	the child returned to the care of the parent or guardian from
11.15 	whom the child was removed or order a permanent placement in the
11.16 	child's best interests.  The "best interests of the child" means
11.17 	all relevant factors to be considered and evaluated.  Transfer
11.18 	of permanent legal and physical custody, termination of parental
11.19 	rights, or guardianship and legal custody to the commissioner
11.20 	through a consent to adopt are preferred permanency options for
11.21 	a child who cannot return home.
11.22 	(d) If the child is not returned to the home, the court
11.23 	must order one of the following dispositions:
11.24 	(1) permanent legal and physical custody to a relative in
11.25 	the best interests of the child according to the following
11.26 	conditions:
11.27 	(i) an order for transfer of permanent legal and physical
11.28 	custody to a relative shall only be made after the court has
11.29 	reviewed the suitability of the prospective legal and physical
11.30 	custodian;
11.31 	(ii) in transferring permanent legal and physical custody
11.32 	to a relative, the juvenile court shall follow the standards
11.33 	applicable under this chapter and chapter 260, and the
11.34 	procedures set out in the juvenile court rules;
11.35 	(iii) an order establishing permanent legal and physical
11.36 	custody under this subdivision must be filed with the family
12.1 	court;
12.2 	(iv) a transfer of legal and physical custody includes
12.3 	responsibility for the protection, education, care, and control
12.4 	of the child and decision making on behalf of the child;
12.5 	(v) the social services agency may bring a petition or
12.6 	motion naming a fit and willing relative as a proposed permanent
12.7 	legal and physical custodian.  The commissioner of human
12.8 	services shall annually prepare for counties information that
12.9 	must be given to proposed custodians about their legal rights
12.10 	and obligations as custodians together with information on
12.11 	financial and medical benefits for which the child is eligible;
12.12 	and
12.13 	(vi) the juvenile court may maintain jurisdiction over the
12.14 	responsible social services agency, the parents or guardian of
12.15 	the child, the child, and the permanent legal and physical
12.16 	custodian for purposes of ensuring appropriate services are
12.17 	delivered to the child and permanent legal custodian or for the
12.18 	purpose of ensuring conditions ordered by the court related to
12.19 	the care and custody of the child are met;
12.20 	(2) termination of parental rights according to the
12.21 	following conditions:
12.22 	(i) unless the social services agency has already filed a
12.23 	petition for termination of parental rights under section
12.24 	260C.307, the court may order such a petition filed and all the
12.25 	requirements of sections 260C.301 to 260C.328 remain applicable;
12.26 	and
12.27 	(ii) an adoption completed subsequent to a determination
12.28 	under this subdivision may include an agreement for
12.29 	communication or contact under section 259.58;
12.30 	(3) long-term foster care according to the following
12.31 	conditions:
12.32 	(i) the court may order a child into long-term foster care
12.33 	only if it finds compelling reasons that neither an award of
12.34 	permanent legal and physical custody to a relative, nor
12.35 	termination of parental rights is in the child's best interests;
12.36 	and
13.1 	(ii) further, the court may only order long-term foster
13.2 	care for the child under this section if it finds the following:
13.3 	(A) the child has reached age 12 and reasonable efforts by
13.4 	the responsible social services agency have failed to locate an
13.5 	adoptive family for the child; or
13.6 	(B) the child is a sibling of a child described in subitem
13.7 	(A) and the siblings have a significant positive relationship
13.8 	and are ordered into the same long-term foster care home;
13.9 	(4) foster care for a specified period of time according to
13.10 	the following conditions:
13.11 	(i) foster care for a specified period of time may be
13.12 	ordered only if:
13.13 	(A) the sole basis for an adjudication that the child is in
13.14 	need of protection or services is the child's behavior;
13.15 	(B) the court finds that foster care for a specified period
13.16 	of time is in the best interests of the child; and
13.17 	(C) the court finds compelling reasons that neither an
13.18 	award of permanent legal and physical custody to a relative, nor
13.19 	termination of parental rights is in the child's best interests;
13.20 	(ii) the order does not specify that the child continue in
13.21 	foster care for any period exceeding one year; or
13.22 	(5) guardianship and legal custody to the commissioner of
13.23 	human services under the following procedures and conditions:
13.24 	(i) there is an identified prospective adoptive home that
13.25 	has agreed to adopt the child and agreed to by the responsible
13.26 	social services agency having legal custody of the child
13.27 	pursuant to court order under this section and the court accepts
13.28 	the parent's voluntary consent to adopt under section 259.24;
13.29 	(ii) if the court accepts a consent to adopt in lieu of
13.30 	ordering one of the other enumerated permanency dispositions,
13.31 	the court must review the matter at least every 90 days.  The
13.32 	review will address the reasonable efforts of the agency to
13.33 	achieve a finalized adoption;
13.34 	(iii) a consent to adopt under this clause vests all legal
13.35 	authority regarding the child, including guardianship and legal
13.36 	custody of the child, with the commissioner of human services as
14.1 	if the child were a state ward after termination of parental
14.2 	rights;
14.3 	(iv) the court must forward a copy of the consent to adopt,
14.4 	together with a certified copy of the order transferring
14.5 	guardianship and legal custody to the commissioner, to the
14.6 	commissioner; and 
14.7 	(v) if an adoption is not finalized by the identified
14.8 	prospective adoptive parent within 12 months of the execution of
14.9 	the consent to adopt under this clause, the commissioner of
14.10 	human services or the commissioner's delegate shall pursue
14.11 	adoptive placement in another home unless the commissioner
14.12 	certifies that the failure to finalize is not due to either an
14.13 	action or a failure to act by the prospective adoptive parent;
14.14 	and 
14.15 	(vi) notwithstanding item (v), the commissioner of human
14.16 	services or the commissioner's designee must pursue adoptive
14.17 	placement in another home as soon as the commissioner or
14.18 	commissioner's designee determines that finalization of the
14.19 	adoption with the identified prospective adoptive parent is not
14.20 	possible, that the identified prospective adoptive parent is not
14.21 	willing to adopt the child, that the identified prospective
14.22 	adoptive parent is not cooperative in completing the steps
14.23 	necessary to finalize the adoption, or upon the commissioner's
14.24 	determination to withhold consent to the adoption.
14.25 	(e) In ordering a permanent placement of a child, the court
14.26 	must be governed by the best interests of the child, including a
14.27 	review of the relationship between the child and relatives and
14.28 	the child and other important persons with whom the child has
14.29 	resided or had significant contact.
14.30 	(f) Once a permanent placement determination has been made
14.31 	and permanent placement has been established, further court
14.32 	reviews are necessary if:
14.33 	(1) the placement is long-term foster care or foster care
14.34 	for a specified period of time;
14.35 	(2) the court orders further hearings because it has
14.36 	retained jurisdiction of a transfer of permanent legal and
15.1 	physical custody matter;
15.2 	(3) an adoption has not yet been finalized; or
15.3 	(4) there is a disruption of the permanent or long-term
15.4 	placement.
15.5 	(g) Court reviews of an order for long-term foster care,
15.6 	whether under this section or section 260C.317, subdivision 3,
15.7 	paragraph (d), or foster care for a specified period of time
15.8 	must be conducted at least yearly and must review the child's
15.9 	out-of-home placement plan and the reasonable efforts of the
15.10 	agency to:
15.11 	(1) identify a specific long-term foster home for the child
15.12 	or a specific foster home for the time the child is specified to
15.13 	be out of the care of the parent, if one has not already been
15.14 	identified;
15.15 	(2) support continued placement of the child in the
15.16 	identified home, if one has been identified;
15.17 	(3) ensure appropriate services are provided to the child
15.18 	during the period of long-term foster care or foster care for a
15.19 	specified period of time;
15.20 	(4) plan for the child's independence upon the child's
15.21 	leaving long-term foster care living as required under section
15.22 	260C.212, subdivision 1; and
15.23 	(5) where placement is for a specified period of time, a
15.24 	plan for the safe return of the child to the care of the parent.
15.25 	(h) An order under this subdivision must include the
15.26 	following detailed findings:
15.27 	(1) how the child's best interests are served by the order;
15.28 	(2) the nature and extent of the responsible social service
15.29 	agency's reasonable efforts, or, in the case of an Indian child,
15.30 	active efforts to reunify the child with the parent or parents;
15.31 	(3) the parent's or parents' efforts and ability to use
15.32 	services to correct the conditions which led to the out-of-home
15.33 	placement; and
15.34 	(4) whether the conditions which led to the out-of-home
15.35 	placement have been corrected so that the child can return home.
15.36 	(i) An order for permanent legal and physical custody of a
16.1 	child may be modified under sections 518.18 and 518.185.  The
16.2 	social services agency is a party to the proceeding and must
16.3 	receive notice.  A parent may only seek modification of an order
16.4 	for long-term foster care upon motion and a showing by the
16.5 	parent of a substantial change in the parent's circumstances
16.6 	such that the parent could provide appropriate care for the
16.7 	child and that removal of the child from the child's permanent
16.8 	placement and the return to the parent's care would be in the
16.9 	best interest of the child.
16.10 	(j) The court shall issue an order required under this
16.11 	section within 15 days of the close of the proceedings.  The
16.12 	court may extend issuing the order an additional 15 days when
16.13 	necessary in the interests of justice and the best interests of
16.14 	the child.

16.15 	Sec. 11. [260C.209] BACKGROUND CHECKS.
16.16 		Subdivision 1.Subjects. (a) The responsible social
16.17 	services agency must conduct a background check of the following
16.18 	under this section:
16.19 	(1) a noncustodial parent or nonadjudicated parent who is
16.20 	being assessed for purposes of providing day-to-day care of a
16.21 	child temporarily or permanently under section 260C.212,
16.22 	subdivision 4, and any member of the parent's household who is
16.23 	over 13 years of age when there is a reasonable cause to believe
16.24 	that the parent or household member over 13 years of age has a
16.25 	criminal history or a history of maltreatment of a child or
16.26 	vulnerable adult which would endanger the child's health,
16.27 	safety, or welfare;
16.28 	(2) an individual whose suitability for relative placement
16.29 	under section 260C.212, subdivision 5, is being determined, and
16.30 	any member of the relative's household who is over 13 years of
16.31 	age when:  (i) the relative must be licensed for foster care;
16.32 	(ii) the agency must conduct a background study under section
16.33 	259.53, subdivision 2; or (iii) the agency has reasonable cause
16.34 	to believe the relative or household member over 13 years of age
16.35 	has a criminal history which would not make transfer of
16.36 	permanent legal and physical custody to the relative under
17.1 	section 260C.201, subdivision 11, in the child's best interest;
17.2 	and 
17.3 	(3) a parent, following an out-of-home placement, when the
17.4 	responsible social services agency has reasonable cause to
17.5 	believe that the parent has been convicted of a crime directly
17.6 	related to the parent's capacity to maintain the child's health,
17.7 	safety, or welfare or the parent is the subject of an open
17.8 	investigation of, or has been the subject of a substantiated
17.9 	allegation of, child or vulnerable-adult maltreatment within the
17.10 	past ten years.
17.11 	(b) As used in this subdivision, "reasonable cause" means
17.12 	that the agency has received information or a report from the
17.13 	subject or a third person that creates an articulable suspicion
17.14 	that the individual has a history that may pose a risk to the
17.15 	health, safety, or welfare of the child.  The information or
17.16 	report must be specific to the potential subject of the
17.17 	background check and must not be based on the race, religion,
17.18 	ethnic background, age, class, or lifestyle of the potential
17.19 	subject.
17.20 		Subd. 2.General procedures. (a) When conducting a
17.21 	background check under subdivision 1, the agency may require the
17.22 	individual being assessed to provide sufficient information to
17.23 	ensure an accurate assessment under this section, including the
17.24 	individual's:
17.25 	(1) first, middle, and last name and all other names by
17.26 	which the individual has been known;
17.27 	(2) home address, zip code, city, county, and state of
17.28 	residence for the past ten years;
17.29 	(3) sex;
17.30 	(4) date of birth; and 
17.31 	(5) driver's license number or state identification number.
17.32 	(b) When notified by the responsible social services agency
17.33 	that it is conducting an assessment under this section, the
17.34 	Bureau of Criminal Apprehension, the commissioners of health and
17.35 	human services, law enforcement, and county agencies must
17.36 	provide the responsible social services agency or county
18.1 	attorney with the following information on the individual being
18.2 	assessed:  criminal history data, reports about the maltreatment
18.3 	of adults substantiated under section 626.557, and reports of
18.4 	maltreatment of minors substantiated under section 626.556.
18.5 		Subd. 3.Multistate information. (a) For any assessment
18.6 	completed under this section, if the responsible social services
18.7 	agency has reasonable cause to believe that the individual is a
18.8 	multistate offender, the individual must provide the responsible
18.9 	social services agency or the county attorney with a set of
18.10 	classifiable fingerprints obtained from an authorized law
18.11 	enforcement agency.  The responsible social services agency or
18.12 	county attorney may obtain criminal history data from the
18.13 	National Criminal Records Repository by submitting the
18.14 	fingerprints to the Bureau of Criminal Apprehension.
18.15 	(b) For purposes of this subdivision, the responsible
18.16 	social services agency has reasonable cause when, but not
18.17 	limited to:
18.18 	(1) information from the Bureau of Criminal Apprehension
18.19 	indicates that the individual is a multistate offender;
18.20 	(2) information from the Bureau of Criminal Apprehension
18.21 	indicates that multistate offender status is undetermined;
18.22 	(3) the social services agency has received a report from
18.23 	the individual or a third party indicating that the individual
18.24 	has a criminal history in a jurisdiction other than Minnesota;
18.25 	or 
18.26 	(4) the individual is or has been a resident of a state
18.27 	other than Minnesota at any time during the prior ten years.
18.28 		Subd. 4.Notice upon receipt. The responsible social
18.29 	services agency must provide the subject of the background study
18.30 	with the results of the study under this section within 15
18.31 	business days of receipt or at least 15 days prior to the
18.32 	hearing at which the results will be presented, whichever comes
18.33 	first.  The subject may provide written information to the
18.34 	agency that the results are incorrect and may provide additional
18.35 	or clarifying information to the agency and to the court through
18.36 	a party to the proceeding.  This provision does not apply to any
19.1 	background study conducted under chapters 245A and 245C.

19.2 	Sec. 12. Minnesota Statutes 2004, section 260C.212,
19.3 	subdivision 4, is amended to read:
19.4 		Subd. 4.Responsible social service agency's duties for
19.5 	children in placement.  (a) When a child is in placement, the
19.6 	responsible social services agency shall make diligent efforts
19.7 	to identify, locate, and, where appropriate, offer services to
19.8 	both parents of the child.
19.9 	(1) If The responsible social services agency shall assess
19.10 	whether a noncustodial or nonadjudicated parent is willing and
19.11 	capable of temporarily or permanently providing for the
19.12 	day-to-day care of the child.  An assessment under this clause
19.13 	may include, but is not limited to, obtaining information under
19.14 	section 260C.209.  If after assessment, the responsible social
19.15 	services agency determines that a noncustodial or nonadjudicated
19.16 	parent is willing and capable of providing day-to-day care of
19.17 	the child, the responsible social services agency may seek
19.18 	authority from the custodial parent or the court to have that
19.19 	parent assume day-to-day care of the child.  If a parent is not
19.20 	an adjudicated parent, the responsible social services agency
19.21 	shall require the nonadjudicated parent to cooperate with
19.22 	paternity establishment procedures as part of the case plan.
19.23 	(2) If, after assessment, the responsible social services
19.24 	agency determines that the child cannot be in the day-to-day
19.25 	care of either parent, the agency shall:
19.26 	(i) prepare an out-of-home placement plan addressing the
19.27 	conditions that each parent must meet before the child can be in
19.28 	that parent's day-to-day care; and 
19.29 	(ii) provide a parent who is the subject of a background
19.30 	study under section 260C.209, 15 days' notice that it intends to
19.31 	use the study to recommend against putting the child with that
19.32 	parent, as well as the notice provided in section 260C.209,
19.33 	subdivision 4, and the court shall afford the parent an
19.34 	opportunity to be heard concerning the study.
19.35 	(3) The results of a background study of a noncustodial
19.36 	parent must not be used by the agency to determine that the
20.1 	parent is incapable of providing day-to-day care of the child
20.2 	unless the agency reasonably believes that placement of the
20.3 	child into the home of that parent would endanger the child's
20.4 	health, safety, or welfare.
20.5 	(3) (4) If, after the provision of services following an
20.6 	out-of-home placement plan under this section, the child cannot
20.7 	return to the care of the parent from whom the child was removed
20.8 	or who had legal custody at the time the child was placed in
20.9 	foster care, the agency may petition on behalf of a noncustodial
20.10 	parent to establish legal custody with that parent under section
20.11 	260C.201, subdivision 11.  If paternity has not already been
20.12 	established, it may be established in the same proceeding in the
20.13 	manner provided for under chapter 257.
20.14 	(4) (5) The responsible social services agency may be
20.15 	relieved of the requirement to locate and offer services to both
20.16 	parents by the juvenile court upon a finding of good cause after
20.17 	the filing of a petition under section 260C.141.
20.18 	(b) The responsible social services agency shall give
20.19 	notice to the parent or parents or guardian of each child in a
20.20 	residential facility, other than a child in placement due solely
20.21 	to that child's developmental disability or emotional
20.22 	disturbance, of the following information:
20.23 	(1) that residential care of the child may result in
20.24 	termination of parental rights or an order permanently placing
20.25 	the child out of the custody of the parent, but only after
20.26 	notice and a hearing as required under chapter 260C and the
20.27 	juvenile court rules;
20.28 	(2) time limits on the length of placement and of
20.29 	reunification services, including the date on which the child is
20.30 	expected to be returned to and safely maintained in the home of
20.31 	the parent or parents or placed for adoption or otherwise
20.32 	permanently removed from the care of the parent by court order;
20.33 	(3) the nature of the services available to the parent;
20.34 	(4) the consequences to the parent and the child if the
20.35 	parent fails or is unable to use services to correct the
20.36 	circumstances that led to the child's placement;
21.1 	(5) the first consideration for placement with relatives;
21.2 	(6) the benefit to the child in getting the child out of
21.3 	residential care as soon as possible, preferably by returning
21.4 	the child home, but if that is not possible, through a permanent
21.5 	legal placement of the child away from the parent;
21.6 	(7) when safe for the child, the benefits to the child and
21.7 	the parent of maintaining visitation with the child as soon as
21.8 	possible in the course of the case and, in any event, according
21.9 	to the visitation plan under this section; and
21.10 	(8) the financial responsibilities and obligations, if any,
21.11 	of the parent or parents for the support of the child during the
21.12 	period the child is in the residential facility.
21.13 	(c) The responsible social services agency shall inform a
21.14 	parent considering voluntary placement of a child who is not
21.15 	developmentally disabled or emotionally disturbed of the
21.16 	following information:
21.17 	(1) the parent and the child each has a right to separate
21.18 	legal counsel before signing a voluntary placement agreement,
21.19 	but not to counsel appointed at public expense;
21.20 	(2) the parent is not required to agree to the voluntary
21.21 	placement, and a parent who enters a voluntary placement
21.22 	agreement may at any time request that the agency return the
21.23 	child.  If the parent so requests, the child must be returned
21.24 	within 24 hours of the receipt of the request;
21.25 	(3) evidence gathered during the time the child is
21.26 	voluntarily placed may be used at a later time as the basis for
21.27 	a petition alleging that the child is in need of protection or
21.28 	services or as the basis for a petition seeking termination of
21.29 	parental rights or other permanent placement of the child away
21.30 	from the parent;
21.31 	(4) if the responsible social services agency files a
21.32 	petition alleging that the child is in need of protection or
21.33 	services or a petition seeking the termination of parental
21.34 	rights or other permanent placement of the child away from the
21.35 	parent, the parent would have the right to appointment of
21.36 	separate legal counsel and the child would have a right to the
22.1 	appointment of counsel and a guardian ad litem as provided by
22.2 	law, and that counsel will be appointed at public expense if
22.3 	they are unable to afford counsel; and
22.4 	(5) the timelines and procedures for review of voluntary
22.5 	placements under subdivision 3, and the effect the time spent in
22.6 	voluntary placement on the scheduling of a permanent placement
22.7 	determination hearing under section 260C.201, subdivision 11.
22.8 	(d) When an agency accepts a child for placement, the
22.9 	agency shall determine whether the child has had a physical
22.10 	examination by or under the direction of a licensed physician
22.11 	within the 12 months immediately preceding the date when the
22.12 	child came into the agency's care.  If there is documentation
22.13 	that the child has had an examination within the last 12 months,
22.14 	the agency is responsible for seeing that the child has another
22.15 	physical examination within one year of the documented
22.16 	examination and annually in subsequent years.  If the agency
22.17 	determines that the child has not had a physical examination
22.18 	within the 12 months immediately preceding placement, the agency
22.19 	shall ensure that the child has an examination within 30 days of
22.20 	coming into the agency's care and once a year in subsequent
22.21 	years.

22.22 	Sec. 13. Minnesota Statutes 2004, section 484.65,
22.23 	subdivision 9, is amended to read:
22.24 		Subd. 9.Referees; review appeal.  All recommended orders
22.25 	and findings of a referee shall be subject to confirmation by
22.26 	said district court judge. Review of any recommended order or
22.27 	finding of a referee by the district court judge may be had by
22.28 	notice served and filed within ten days of effective notice of
22.29 	such recommended order or finding.  The notice of review shall
22.30 	specify the grounds for such review and the specific provisions
22.31 	of the recommended findings or orders disputed, and said
22.32 	district court judge, upon receipt of such notice of review,
22.33 	shall set a time and place for such review hearing.Fourth
22.34 	Judicial District Family Court referee orders and decrees may be
22.35 	appealed directly to the Court of Appeals in the same manner as
22.36 	judicial orders and decrees.  The time for appealing an
23.1 	appealable referee order runs from service by any party of
23.2 	written notice of the filing of the confirmed order.
23.3 	
EFFECTIVE DATE. This section is effective the day
23.4 	following final enactment.

23.5 	Sec. 14. Minnesota Statutes 2004, section 518.1705,
23.6 	subdivision 7, is amended to read:
23.7 		Subd. 7.Moving the child to another state.  Parents may
23.8 	agree, but the court must not require, that in a parenting plan
23.9 	the factors in section 518.17 or 257.025, as applicable,upon
23.10 	the legal standard that will govern a decision concerning
23.11 	removal of a child's residence from this state, provided that:
23.12 	(1) both parents were represented by counsel when the
23.13 	parenting plan was approved; or
23.14 	(2) the court found the parents were fully informed, the
23.15 	agreement was voluntary, and the parents were aware of its
23.16 	implications.

23.17 	Sec. 15. Minnesota Statutes 2004, section 518.175,
23.18 	subdivision 3, is amended to read:
23.19 		Subd. 3.Move to another state.  The parent with whom the
23.20 	child resides shall not move the residence of the child to
23.21 	another state except upon order of the court or with the consent
23.22 	of the other parent, if the other parent has been given
23.23 	parenting time by the decree.  If the purpose of the move is to
23.24 	interfere with parenting time given to the other parent by the
23.25 	decree, the court shall not permit the child's residence to be
23.26 	moved to another state.
23.27 	The court shall apply a best interests standard when
23.28 	considering the request of the parent with whom the child
23.29 	resides to move the child's residence to another state.  The
23.30 	factors the court must consider in determining the child's best
23.31 	interests include, but are not limited to:
23.32 	(1) the nature, quality, extent of involvement, and
23.33 	duration of the child's relationship with the person proposing
23.34 	to relocate and with the nonrelocating person, siblings, and
23.35 	other significant persons in the child's life;
23.36 	(2) the age, developmental stage, needs of the child, and
24.1 	the likely impact the relocation will have on the child's
24.2 	physical, educational, and emotional development, taking into
24.3 	consideration any special needs of the child;
24.4 	(3) the feasibility of preserving the relationship between
24.5 	the nonrelocating person and the child through suitable
24.6 	parenting time arrangements, considering the logistics and
24.7 	financial circumstances of the parties;
24.8 	(4) the child's preference, taking into consideration the
24.9 	age and maturity of the child;
24.10 	(5) whether there is an established pattern of conduct of
24.11 	the person seeking the relocation either to promote or thwart
24.12 	the relationship of the child and the nonrelocating person;
24.13 	(6) whether the relocation of the child will enhance the
24.14 	general quality of life for both the custodial parent seeking
24.15 	the relocation and the child including, but not limited to,
24.16 	financial or emotional benefit or educational opportunity;
24.17 	(7) the reasons of each person for seeking or opposing the
24.18 	relocation; and 
24.19 	(8) the effect on the safety and welfare of the child, or
24.20 	of the parent requesting to move the child's residence, of
24.21 	domestic abuse, as defined in section 518B.01.
24.22 	The burden of proof is upon the parent requesting to move
24.23 	the residence of the child to another state, except that if the
24.24 	court finds the existence of domestic abuse between the parents,
24.25 	the burden of proof is upon the parent opposing the move.  The
24.26 	court must consider all of the factors in this subdivision in
24.27 	determining the best interests of the child.

24.28 	Sec. 16. Minnesota Statutes 2004, section 518.179, is
24.29 	amended by adding a subdivision to read:
24.30 		Subd. 1a.Custody of child. A person convicted of a
24.31 	crime described in subdivision 2 may not be considered for
24.32 	custody of a child unless the child is the person's child by
24.33 	birth or adoption.

24.34 	Sec. 17. Minnesota Statutes 2004, section 518.18, is
24.35 	amended to read:
24.36 	518.18 MODIFICATION OF ORDER.
25.1 	(a) Unless agreed to in writing by the parties, no motion
25.2 	to modify a custody order or parenting plan may be made earlier
25.3 	than one year after the date of the entry of a decree of
25.4 	dissolution or legal separation containing a provision dealing
25.5 	with custody, except in accordance with paragraph (c).
25.6 	(b) If a motion for modification has been heard, whether or
25.7 	not it was granted, unless agreed to in writing by the parties
25.8 	no subsequent motion may be filed within two years after
25.9 	disposition of the prior motion on its merits, except in
25.10 	accordance with paragraph (c).
25.11 	(c) The time limitations prescribed in paragraphs (a) and
25.12 	(b) shall not prohibit a motion to modify a custody order or
25.13 	parenting plan if the court finds that there is persistent and
25.14 	willful denial or interference with parenting time, or has
25.15 	reason to believe that the child's present environment may
25.16 	endanger the child's physical or emotional health or impair the
25.17 	child's emotional development.
25.18 	(d) If the court has jurisdiction to determine child
25.19 	custody matters, the court shall not modify a prior custody
25.20 	order or a parenting plan provision which specifies the child's
25.21 	primary residence unless it finds, upon the basis of facts,
25.22 	including unwarranted denial of, or interference with, a duly
25.23 	established parenting time schedule, that have arisen since the
25.24 	prior order or that were unknown to the court at the time of the
25.25 	prior order, that a change has occurred in the circumstances of
25.26 	the child or the parties and that the modification is necessary
25.27 	to serve the best interests of the child.  In applying these
25.28 	standards the court shall retain the custody arrangement or the
25.29 	parenting plan provision specifying the child's primary
25.30 	residence that was established by the prior order unless:
25.31 	(i) the court finds that a change in the custody
25.32 	arrangement or primary residence is in the best interests of the
25.33 	child and the parties previously agreed, in a writing approved
25.34 	by a court, to apply the best interests standard in section
25.35 	518.17 or 257.025, as applicable; and, with respect to
25.36 	agreements approved by a court on or after April 28, 2000, both
26.1 	parties were represented by counsel when the agreement was
26.2 	approved or the court found the parties were fully informed, the
26.3 	agreement was voluntary, and the parties were aware of its
26.4 	implications;
26.5 	(ii) both parties agree to the modification;
26.6 	(iii) the child has been integrated into the family of the
26.7 	petitioner with the consent of the other party; or 
26.8 	(iv) the child's present environment endangers the child's
26.9 	physical or emotional health or impairs the child's emotional
26.10 	development and the harm likely to be caused by a change of
26.11 	environment is outweighed by the advantage of a change to the
26.12 	child; or 
26.13 	(v) the court has denied a request of the primary custodial
26.14 	parent to move the residence of the child to another state, and
26.15 	the primary custodial parent has relocated to another state
26.16 	despite the court's order.
26.17 	In addition, a court may modify a custody order or
26.18 	parenting plan under section 631.52.
26.19 	(e) In deciding whether to modify a prior joint custody
26.20 	order, the court shall apply the standards set forth in
26.21 	paragraph (d) unless:  (1) the parties agree in writing to the
26.22 	application of a different standard, or (2) the party seeking
26.23 	the modification is asking the court for permission to move the
26.24 	residence of the child to another state.
26.25 	(f) If a parent has been granted sole physical custody of a
26.26 	minor and the child subsequently lives with the other parent,
26.27 	and temporary sole physical custody has been approved by the
26.28 	court or by a court-appointed referee, the court may suspend the
26.29 	obligor's child support obligation pending the final custody
26.30 	determination.  The court's order denying the suspension of
26.31 	child support must include a written explanation of the reasons
26.32 	why continuation of the child support obligation would be in the
26.33 	best interests of the child.

26.34 	Sec. 18. Minnesota Statutes 2004, section 518.191,
26.35 	subdivision 2, is amended to read:
26.36 		Subd. 2.Required information.  A summary real estate
27.1 	disposition judgment must contain the following information:
27.2 	(1) the full caption and file number of the case and the title
27.3 	"Summary Real Estate Disposition Judgment"; (2) the dates of the
27.4 	parties' marriage and of the entry of the judgment and decree of
27.5 	dissolution; (3) the names of the parties' attorneys or if
27.6 	either or both appeared pro se; (4) the name of the judge and
27.7 	referee, if any, who signed the order for judgment and decree;
27.8 	(5) whether the judgment and decree resulted from a stipulation,
27.9 	a default, or a trial and the appearances at the default or
27.10 	trial; (6) if the judgment and decree resulted from a
27.11 	stipulation, whether disposition of the property was stipulated
27.12 	to by legal description; (7) if the judgment and decree resulted
27.13 	from a default, whether the petition contained the legal
27.14 	description of the property and disposition was made in
27.15 	accordance with the request for relief, and service of the
27.16 	summons and petition was made personally pursuant to section
27.17 	543.19 or Rules of Civil Procedure, Rule 4.03(a); (8) whether
27.18 	either party changed the party's name through the judgment and
27.19 	decree; (7) (9) the legal description of each parcel of real
27.20 	estate; (8) (10) the name or names of the persons awarded an
27.21 	interest in each parcel of real estate and a description of the
27.22 	interest awarded; (9) (11) liens, mortgages, encumbrances, or
27.23 	other interests in the real estate described in the judgment and
27.24 	decree; and (10) (12) triggering or contingent events set forth
27.25 	in the judgment and decree affecting the disposition of each
27.26 	parcel of real estate.

27.27 	Sec. 19. Minnesota Statutes 2004, section 518.191,
27.28 	subdivision 4, is amended to read:
27.29 		Subd. 4.Transfer of property.  The summary real estate
27.30 	disposition judgment operates as a conveyance and transfer of
27.31 	each interest in the real estate in the manner and to the extent
27.32 	described in the summary real estate disposition
27.33 	judgment. Recording of a certified copy of the judgment and
27.34 	decree or summary real estate disposition judgment is sufficient
27.35 	to transfer title, create a lien, or effect any other
27.36 	disposition ordered in the judgment, without a deed or other
28.1 	conveyance.

28.2 	Sec. 20. Minnesota Statutes 2004, section 518.54,
28.3 	subdivision 4a, is amended to read:
28.4 		Subd. 4a.Support order. (a) "Support order" means a
28.5 	judgment, decree, or order, whether temporary, final, or subject
28.6 	to modification, issued by a court or administrative agency of
28.7 	competent jurisdiction,:
28.8 	(1) for the support and maintenance of a child, including a
28.9 	child who has attained the age of majority under the law of the
28.10 	issuing state, or ;
28.11 	(2) for a child and the parent with whom the child is
28.12 	living, that provides for monetary support, child care, medical
28.13 	support including expenses for confinement and pregnancy,
28.14 	arrearages, or reimbursement, and that ; or 
28.15 	(3) for the maintenance of a spouse.
28.16 	(b) The support order may include related costs and fees,
28.17 	interest and penalties, income withholding, and other relief.
28.18 	This definition applies to orders issued under this chapter and
28.19 	chapters 256, 257, and 518C.

28.20 	Sec. 21. Minnesota Statutes 2004, section 518.551,
28.21 	subdivision 1, is amended to read:
28.22 		Subdivision 1.Scope; payment to public agency.  (a) This
28.23 	section applies to all proceedings involving a support order,
28.24 	including, but not limited to, a support order establishing an
28.25 	order for past support or reimbursement of public assistance.
28.26 	(b) The court shall direct that all payments ordered for
28.27 	maintenance and or support be made to the public agency
28.28 	responsible for child support enforcement so long as the obligee
28.29 	is receiving or has applied for public assistance, or has
28.30 	applied for child support and or maintenance collection
28.31 	services.  Public authorities responsible for child support
28.32 	enforcement may act on behalf of other public authorities
28.33 	responsible for child support enforcement.  This includes the
28.34 	authority to represent the legal interests of or execute
28.35 	documents on behalf of the other public authority in connection
28.36 	with the establishment, enforcement, and collection of child
29.1 	support, maintenance, or medical support, and collection on
29.2 	judgments.
29.3 	(c) Payments made to the public authority other than
29.4 	payments under section 518.6111 must be credited as of the date
29.5 	the payment is received by the central collections unit.
29.6 	(d) Amounts received by the public agency responsible for
29.7 	child support enforcement greater than the amount granted to the
29.8 	obligee shall be remitted to the obligee.

29.9 	Sec. 22. Minnesota Statutes 2004, section 518.58,
29.10 	subdivision 4, is amended to read:
29.11 		Subd. 4.Pension plans.  (a) The division of marital
29.12 	property that represents pension plan benefits or rights in the
29.13 	form of future pension plan payments:
29.14 	(1) is payable only to the extent of the amount of the
29.15 	pension plan benefit payable under the terms of the plan;
29.16 	(2) is not payable for a period that exceeds the time that
29.17 	pension plan benefits are payable to the pension plan benefit
29.18 	recipient;
29.19 	(3) is not payable in a lump sum amount from defined
29.20 	benefit pension plan assets attributable in any fashion to a
29.21 	spouse with the status of an active member, deferred retiree, or
29.22 	benefit recipient of a pension plan;
29.23 	(4) if the former spouse to whom the payments are to be
29.24 	made dies prior to the end of the specified payment period with
29.25 	the right to any remaining payments accruing to an estate or to
29.26 	more than one survivor, is payable only to a trustee on behalf
29.27 	of the estate or the group of survivors for subsequent
29.28 	apportionment by the trustee; and
29.29 	(5) in the case of defined benefit public pension plan
29.30 	benefits or rights, may not commence until the public plan
29.31 	member submits a valid application for a public pension plan
29.32 	benefit and the benefit becomes payable.
29.33 	(b) The individual retirement account plans established
29.34 	under chapter 354B may provide in its plan document, if
29.35 	published and made generally available, for an alternative
29.36 	marital property division or distribution of individual
30.1 	retirement account plan assets.  If an alternative division or
30.2 	distribution procedure is provided, it applies in place of
30.3 	paragraph (a), clause (5).