1.1 	A bill for an act
1.2 	relating to family law; requiring notification of
1.3 	noncustodial parents, corrections agents, local
1.4 	welfare agencies, and the court, when custodial parent
1.5 	resides with certain convicted persons; changing
1.6 	certain presumptions relating to paternity; changing
1.7 	certain provisions concerning adoption communication
1.8 	or contact agreements; modifying provisions relating
1.9 	to background checks for child placement assessments;
1.10 	modifying family court referee appeal provision;
1.11 	modifying notice information in marital dissolution
1.12 	summons; modifying provisions relating to parenting
1.13 	plan custody designations; changing certain procedures
1.14 	for removal of a child's residence from Minnesota;
1.15 	prohibiting person convicted of certain crime from
1.16 	consideration for custody of unrelated child;
1.17 	requiring certain information in summary real estate
1.18 	disposition judgments; identifying pension plans
1.19 	subject to marital property division; amending
1.20 	Minnesota Statutes 2004, sections 257.55, subdivision
1.21 	1; 257.57, subdivision 2; 257.62, subdivision 5;
1.22 	257C.03, subdivision 7; 259.58; 484.65, subdivision 9;
1.23 	518.091, subdivision 1; 518.1705, subdivisions 4, 7;
1.24 	518.175, subdivision 3; 518.179, by adding a
1.25 	subdivision; 518.18; 518.191, subdivisions 2, 4;
1.26 	518.54, subdivisions 4a, 14, by adding a subdivision;
1.27 	518.551, subdivision 1; 518.58, subdivision 4; Laws
1.28 	2005, chapter 136, article 15, section 5; Laws 2005,
1.29 	chapter 164, section 31; proposing coding for new law
1.30 	in Minnesota Statutes, chapters 244; 257.
1.31 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.32 	Section 1. [244.058] OFFENDERS RESIDING IN HOUSEHOLDS
1.33 	WITH CHILDREN; NOTICE TO CORRECTIONS AGENT.
1.34 	An offender required to register as a predatory offender
1.35 	under section 243.166 shall inform the offender's corrections
1.36 	agent if the offender is residing in a household where a child
1.37 	is residing.  The offender shall inform the agent of the name,
1.38 	age, and relationship to the offender of all children residing
2.1 	in the household.  The offender's correction agent shall notify
2.2 	the child's parents, if any, and the legal guardians or physical
2.3 	custodians, if any, that the child is residing with a predatory
2.4 	offender.

2.5 	EFFECTIVE DATE. This section is effective August 1, 2005,
2.6 	and applies to persons under correctional supervision on or
2.7 	after that date.

2.8 	Sec. 2. [257.026] NOTIFICATION OF RESIDENCE WITH CERTAIN
2.9 	CONVICTED PERSONS.
2.10 	A person who is granted or exercises custody of a child or
2.11 	parenting time with a child under this chapter or chapter 518
2.12 	must notify the child's other parent, if any, the county social
2.13 	services agency, and the court that granted the custody or
2.14 	parenting time, if the person knowingly marries or lives in the
2.15 	same residence with a person who has been convicted of a crime
2.16 	listed in section 518.179, subdivision 2.

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

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

5.7 	Sec. 5. Minnesota Statutes 2004, section 257.62,
5.8 	subdivision 5, is amended to read:
5.9 		Subd. 5.Positive test results.  (a) If the results of
5.10 	blood or genetic tests completed in a laboratory accredited by
5.11 	the American Association of Blood Banks indicate that the
5.12 	likelihood of the alleged father's paternity, calculated with a
5.13 	prior probability of no more than 0.5 (50 percent), is 92
5.14 	percent or greater, upon motion the court shall order the
5.15 	alleged father to pay temporary child support determined
5.16 	according to chapter 518.  The alleged father shall pay the
5.17 	support money to the public authority if the public authority is
5.18 	a party and is providing services to the parties or, if not,
5.19 	into court pursuant to the Rules of Civil Procedure to await the
5.20 	results of the paternity proceedings.
5.21 	(b) If the results of blood or genetic tests completed in a
5.22 	laboratory accredited by the American Association of Blood Banks
5.23 	indicate that likelihood of the alleged father's paternity,
5.24 	calculated with a prior probability of no more than 0.5 (50
5.25 	percent), is 99 percent or greater, there is an evidentiary
5.26 	presumption that the alleged father is presumed to be the parent 
5.27 	biological father and the party opposing the establishment of
5.28 	the alleged father's paternity has the burden of proving by
5.29 	clear and convincing evidence that the alleged father is not the
5.30 	father of the child.
5.31 	A determination under this subdivision that the alleged
5.32 	father is the biological father does not preclude the
5.33 	adjudication of another man as the legal father pursuant to
5.34 	section 257.55, subdivision 2, nor does it allow the donor of
5.35 	genetic material for assisted reproduction for the benefit of
5.36 	the recipient parent(s), whether sperm or ovum (egg), to claim
6.1 	to be the child's biological and/or legal parent.

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

7.6 	Sec. 7. Minnesota Statutes 2004, section 259.58, is
7.7 	amended to read:
7.8 	259.58 COMMUNICATION OR CONTACT AGREEMENTS.
7.9 	Adoptive parents and a birth relative or foster parents may
7.10 	enter an agreement regarding communication with or contact
7.11 	between an adopted minor, adoptive parents, and a birth relative
7.12 	or foster parents under this section.  An agreement may be
7.13 	entered between:
7.14 	(1) adoptive parents and a birth parent;
7.15 	(2) adoptive parents and any other birth relative or foster
7.16 	parent with whom the child resided before being adopted; or
7.17 	(3) adoptive parents and any other birth relative if the
7.18 	child is adopted by a birth relative upon the death of both
7.19 	birth parents.
7.20 	For purposes of this section, "birth relative" means a
7.21 	parent, stepparent, grandparent, brother, sister, uncle, or aunt
7.22 	of a minor adoptee.  This relationship may be by blood,
7.23 	adoption, or marriage.  For an Indian child, birth relative
7.24 	includes members of the extended family as defined by the law or
7.25 	custom of the Indian child's tribe or, in the absence of laws or
7.26 	custom, nieces, nephews, or first or second cousins, as provided
7.27 	in the Indian Child Welfare Act, United States Code, title 25,
7.28 	section 1903.
7.29 	(a) An agreement regarding communication with or contact
7.30 	between minor adoptees, adoptive parents, and a birth relative
7.31 	is not legally enforceable unless the terms of the agreement are
7.32 	contained in a written court order entered in accordance with
7.33 	this section.  An order may be sought at any time before a
7.34 	decree of adoption is granted.  The order must be issued within
7.35 	30 days of being submitted to the court or by the granting of
7.36 	the decree of adoption, whichever is earlier.  The court shall
8.1 	not enter a proposed order unless the terms of the order have
8.2 	been approved in writing by the prospective adoptive parents, a
8.3 	birth relative or foster parent who desires to be a party to the
8.4 	agreement, and, if the child is in the custody of or under the
8.5 	guardianship of an agency, a representative of the agency.  A
8.6 	birth parent must approve in writing of an agreement between
8.7 	adoptive parents and any other birth relative or foster parent,
8.8 	unless an action has been filed against the birth parent by a
8.9 	county under chapter 260.  An agreement under this section need
8.10 	not disclose the identity of the parties to be legally
8.11 	enforceable.  The court shall not enter a proposed order unless
8.12 	the court finds that the communication or contact between the
8.13 	minor adoptee, the adoptive parents, and a birth relative as
8.14 	agreed upon and contained in the proposed order would be in the
8.15 	minor adoptee's best interests.  The court shall mail a
8.16 	certified copy of the order to the parties to the agreement or
8.17 	their representatives at the addresses provided by the
8.18 	petitioners.
8.19 	(b) Failure to comply with the terms of an agreed order
8.20 	regarding communication or contact that has been entered by the
8.21 	court under this section is not grounds for:
8.22 	(1) setting aside an adoption decree; or
8.23 	(2) revocation of a written consent to an adoption after
8.24 	that consent has become irrevocable.
8.25 	(c) An agreed order entered under this section may be
8.26 	enforced by filing a petition or motion with the family court
8.27 	that includes a certified copy of the order granting the
8.28 	communication, contact, or visitation, but only if the petition
8.29 	or motion is accompanied by an affidavit that the parties have
8.30 	mediated or attempted to mediate any dispute under the agreement
8.31 	or that the parties agree to a proposed modification.  The
8.32 	prevailing party may be awarded reasonable attorney's fees and
8.33 	costs.  The court shall not modify an agreed order under this
8.34 	section unless it finds that the modification is necessary to
8.35 	serve the best interests of the minor adoptee, and:
8.36 	(1) the modification is agreed to by the parties to the
9.1 	agreement; or
9.2 	(2) exceptional circumstances have arisen since the agreed
9.3 	order was entered that justify modification of the order.
9.4 	(d) For children under state guardianship when there is a
9.5 	written communication or contact agreement between prospective
9.6 	adoptive parents and birth relatives other than birth parents it
9.7 	must be included in the final adoption decree unless all the
9.8 	parties agree to omit it.  If the adoptive parents or birth
9.9 	relatives do not honor the communication or contact agreement,
9.10 	the court shall determine the terms of the communication and
9.11 	contact agreement.

9.12 	Sec. 8. Minnesota Statutes 2004, section 484.65,
9.13 	subdivision 9, is amended to read:
9.14 		Subd. 9.Referees; review appeal.  All recommended orders
9.15 	and findings of a referee shall be subject to confirmation by
9.16 	said district court judge. Review of any recommended order or
9.17 	finding of a referee by the district court judge may be had by
9.18 	notice served and filed within ten days of effective notice of
9.19 	such recommended order or finding.  The notice of review shall
9.20 	specify the grounds for such review and the specific provisions
9.21 	of the recommended findings or orders disputed, and said
9.22 	district court judge, upon receipt of such notice of review,
9.23 	shall set a time and place for such review hearing.Fourth
9.24 	Judicial District Family Court referee orders and decrees may be
9.25 	appealed directly to the Court of Appeals in the same manner as
9.26 	judicial orders and decrees.  The time for appealing an
9.27 	appealable referee order runs from service by any party of
9.28 	written notice of the filing of the confirmed order.
9.29 	
EFFECTIVE DATE. This section is effective the day
9.30 	following final enactment.

9.31 	Sec. 9. Minnesota Statutes 2004, section 518.091,
9.32 	subdivision 1, is amended to read:
9.33 		Subdivision 1.Temporary restraining orders.  (a) Every
9.34 	summons must include the notice in this subdivision.
9.35 	NOTICE OF TEMPORARY RESTRAINING AND ALTERNATIVE DISPUTE
9.36 	RESOLUTION PROVISIONS
10.1 	UNDER MINNESOTA LAW, SERVICE OF THIS SUMMONS MAKES THE
10.2 	FOLLOWING REQUIREMENTS APPLY TO BOTH PARTIES TO THIS ACTION,
10.3 	UNLESS THEY ARE MODIFIED BY THE COURT OR THE PROCEEDING IS
10.4 	DISMISSED:
10.5 	(1) NEITHER PARTY MAY DISPOSE OF ANY ASSETS EXCEPT (i) FOR
10.6 	THE NECESSITIES OF LIFE OR FOR THE NECESSARY GENERATION OF
10.7 	INCOME OR PRESERVATION OF ASSETS, (ii) BY AN AGREEMENT IN
10.8 	WRITING, OR (iii) FOR RETAINING COUNSEL TO CARRY ON OR TO
10.9 	CONTEST THIS PROCEEDING;
10.10 	(2) NEITHER PARTY MAY HARASS THE OTHER PARTY; AND
10.11 	(3) ALL CURRENTLY AVAILABLE INSURANCE COVERAGE MUST BE
10.12 	MAINTAINED AND CONTINUED WITHOUT CHANGE IN COVERAGE OR
10.13 	BENEFICIARY DESIGNATION.
10.14 	IF YOU VIOLATE ANY OF THESE PROVISIONS, YOU WILL BE SUBJECT
10.15 	TO SANCTIONS BY THE COURT.
10.16 	(4) PARTIES TO A MARRIAGE DISSOLUTION PROCEEDING ARE
10.17 	ENCOURAGED TO ATTEMPT ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO
10.18 	MINNESOTA LAW.  ALTERNATIVE DISPUTE RESOLUTION INCLUDES
10.19 	MEDIATION, ARBITRATION, AND OTHER PROCESSES AS SET FORTH IN THE
10.20 	DISTRICT COURT RULES SHALL PARTICIPATE IN A MINIMUM OF TWO HOURS
10.21 	OF MEDIATION WITHIN 60 DAYS OF COMMENCEMENT OF A DIVORCE ACTION
10.22 	BY SERVICE OF THIS SUMMONS, UNLESS THE PARTIES FILE A SIGNED
10.23 	MARITAL TERMINATION AGREEMENT WITH THE COURT DURING THAT TIME OR
10.24 	DO NOT HAVE THE MEANS TO DEFRAY THE COST OF THE MEDIATION.  YOU
10.25 	MAY CONTACT THE COURT ADMINISTRATOR ABOUT RESOURCES IN YOUR
10.26 	AREA.  IF YOU CANNOT PAY FOR MEDIATION OR ALTERNATIVE DISPUTE
10.27 	RESOLUTION, IN SOME COUNTIES, ASSISTANCE MAY BE AVAILABLE TO YOU
10.28 	THROUGH A NONPROFIT PROVIDER OR A COURT PROGRAM.  IF YOU ARE A
10.29 	VICTIM OF DOMESTIC ABUSE OR THREATS OF ABUSE AS DEFINED IN
10.30 	MINNESOTA STATUTES, CHAPTER 518B, YOU ARE NOT REQUIRED TO TRY
10.31 	MEDIATION AND YOU WILL NOT BE PENALIZED BY THE COURT IN LATER
10.32 	PROCEEDINGS.
10.33 	(b) Upon service of the summons, the restraining provisions
10.34 	contained in the notice apply by operation of law upon both
10.35 	parties until modified by further order of the court or
10.36 	dismissal of the proceeding, unless more than one year has
11.1 	passed since the last document was filed with the court.

11.2 	Sec. 10. Minnesota Statutes 2004, section 518.1705,
11.3 	subdivision 4, is amended to read:
11.4 		Subd. 4.Custody designation. A final judgment and
11.5 	decree that includes a parenting plan using alternate terms to
11.6 	designate decision-making responsibilities or allocation of
11.7 	residential time between the parents must designate whether the
11.8 	parents have joint legal custody or joint physical custody or
11.9 	which parent has sole legal custody or sole physical custody, or
11.10 	both.  This designation is solely for enforcement of the final
11.11 	judgment and decree where this designation is required for that
11.12 	enforcement and has no effect under the laws of this state, any
11.13 	other state, or another country that do not require this
11.14 	designation.If the parenting plan substitutes other terms for
11.15 	legal and physical custody and if a designation of legal and
11.16 	physical custody is necessary for enforcement of the judgment
11.17 	and decree in another jurisdiction, it must be considered solely
11.18 	for that purpose that the parents have joint legal and joint
11.19 	physical custody.  Under Minnesota law, a parenting plan does
11.20 	not require a designation of sole or joint, legal or physical
11.21 	custody.

11.22 	Sec. 11. Minnesota Statutes 2004, section 518.1705,
11.23 	subdivision 7, is amended to read:
11.24 		Subd. 7.Moving the child to another state.  Parents may
11.25 	agree, but the court must not require, that in a parenting plan
11.26 	the factors in section 518.17 or 257.025, as applicable,upon
11.27 	the legal standard that will govern a decision concerning
11.28 	removal of a child's residence from this state, provided that:
11.29 	(1) both parents were represented by counsel when the
11.30 	parenting plan was approved; or
11.31 	(2) the court found the parents were fully informed, the
11.32 	agreement was voluntary, and the parents were aware of its
11.33 	implications.

11.34 	Sec. 12. Minnesota Statutes 2004, section 518.175,
11.35 	subdivision 3, is amended to read:
11.36 		Subd. 3.Move to another state.  The parent with whom the
12.1 	child resides shall not move the residence of the child to
12.2 	another state except upon order of the court or with the consent
12.3 	of the other parent, if the other parent has been given
12.4 	parenting time by the decree.  If the purpose of the move is to
12.5 	interfere with parenting time given to the other parent by the
12.6 	decree, the court shall not permit the child's residence to be
12.7 	moved to another state.
12.8 	The court shall apply a best interests standard when
12.9 	considering the request of the parent with whom the child
12.10 	resides to move the child's residence to another state.  The
12.11 	factors the court must consider in determining the child's best
12.12 	interests include, but are not limited to, the following:
12.13 	(1) the nature, quality, extent of involvement, and
12.14 	duration of the child's relationship with the person proposing
12.15 	to relocate and with the nonrelocating person, siblings, and
12.16 	other significant persons in the child's life;
12.17 	(2) the age, developmental stage, needs of the child, and
12.18 	the likely impact the relocation will have on the child's
12.19 	physical, educational, and emotional development, taking into
12.20 	consideration any special needs of the child;
12.21 	(3) the feasibility of preserving the relationship between
12.22 	the nonrelocating person and the child through suitable
12.23 	parenting time arrangements, considering the logistics and
12.24 	financial circumstances of the parties;
12.25 	(4) the child's preference, taking into consideration the
12.26 	age and maturity of the child;
12.27 	(5) whether there is an established pattern of conduct of
12.28 	the person seeking the relocation either to promote or thwart
12.29 	the relationship of the child and the nonrelocating person;
12.30 	(6) whether the relocation of the child will enhance the
12.31 	general quality of the life for both the custodial parent
12.32 	seeking the relocation and the child including, but not limited
12.33 	to, financial or emotional benefit or educational opportunity;
12.34 	(7) the reasons of each person for seeking or opposing the
12.35 	relocation; and 
12.36 	(8) the effect on the safety and welfare of the child, or
13.1 	of the parent requesting to move the child's residence, of
13.2 	domestic abuse, as defined in section 518B.01.
13.3 	The burden of proof is upon the parent requesting to move
13.4 	the residence of the child to another state, except that if the
13.5 	court finds that the person requesting permission to move has
13.6 	been a victim of domestic abuse by the other parent, the burden
13.7 	of proof is upon the parent opposing the move.  The court must
13.8 	consider all of the factors in this subdivision in determining
13.9 	the best interests of the child.

13.10 	Sec. 13. Minnesota Statutes 2004, section 518.179, is
13.11 	amended by adding a subdivision to read:
13.12 		Subd. 1a.Custody of child. A person convicted of a
13.13 	crime described in subdivision 2 may not be considered for
13.14 	custody of a child unless the child is the person's child by
13.15 	birth or adoption.

13.16 	Sec. 14. Minnesota Statutes 2004, section 518.18, is
13.17 	amended to read:
13.18 	518.18 MODIFICATION OF ORDER.
13.19 	(a) Unless agreed to in writing by the parties, no motion
13.20 	to modify a custody order or parenting plan may be made earlier
13.21 	than one year after the date of the entry of a decree of
13.22 	dissolution or legal separation containing a provision dealing
13.23 	with custody, except in accordance with paragraph (c).
13.24 	(b) If a motion for modification has been heard, whether or
13.25 	not it was granted, unless agreed to in writing by the parties
13.26 	no subsequent motion may be filed within two years after
13.27 	disposition of the prior motion on its merits, except in
13.28 	accordance with paragraph (c).
13.29 	(c) The time limitations prescribed in paragraphs (a) and
13.30 	(b) shall not prohibit a motion to modify a custody order or
13.31 	parenting plan if the court finds that there is persistent and
13.32 	willful denial or interference with parenting time, or has
13.33 	reason to believe that the child's present environment may
13.34 	endanger the child's physical or emotional health or impair the
13.35 	child's emotional development.
13.36 	(d) If the court has jurisdiction to determine child
14.1 	custody matters, the court shall not modify a prior custody
14.2 	order or a parenting plan provision which specifies the child's
14.3 	primary residence unless it finds, upon the basis of facts,
14.4 	including unwarranted denial of, or interference with, a duly
14.5 	established parenting time schedule, that have arisen since the
14.6 	prior order or that were unknown to the court at the time of the
14.7 	prior order, that a change has occurred in the circumstances of
14.8 	the child or the parties and that the modification is necessary
14.9 	to serve the best interests of the child.  In applying these
14.10 	standards the court shall retain the custody arrangement or the
14.11 	parenting plan provision specifying the child's primary
14.12 	residence that was established by the prior order unless:
14.13 	(i) the court finds that a change in the custody
14.14 	arrangement or primary residence is in the best interests of the
14.15 	child and the parties previously agreed, in a writing approved
14.16 	by a court, to apply the best interests standard in section
14.17 	518.17 or 257.025, as applicable; and, with respect to
14.18 	agreements approved by a court on or after April 28, 2000, both
14.19 	parties were represented by counsel when the agreement was
14.20 	approved or the court found the parties were fully informed, the
14.21 	agreement was voluntary, and the parties were aware of its
14.22 	implications;
14.23 	(ii) both parties agree to the modification;
14.24 	(iii) the child has been integrated into the family of the
14.25 	petitioner with the consent of the other party; or 
14.26 	(iv) the child's present environment endangers the child's
14.27 	physical or emotional health or impairs the child's emotional
14.28 	development and the harm likely to be caused by a change of
14.29 	environment is outweighed by the advantage of a change to the
14.30 	child; or 
14.31 	(v) the court has denied a request of the primary custodial
14.32 	parent to move the residence of the child to another state, and
14.33 	the primary custodial parent has relocated to another state
14.34 	despite the court's order.
14.35 	In addition, a court may modify a custody order or
14.36 	parenting plan under section 631.52.
15.1 	(e) In deciding whether to modify a prior joint custody
15.2 	order, the court shall apply the standards set forth in
15.3 	paragraph (d) unless:  (1) the parties agree in writing to the
15.4 	application of a different standard, or (2) the party seeking
15.5 	the modification is asking the court for permission to move the
15.6 	residence of the child to another state.
15.7 	(f) If a parent has been granted sole physical custody of a
15.8 	minor and the child subsequently lives with the other parent,
15.9 	and temporary sole physical custody has been approved by the
15.10 	court or by a court-appointed referee, the court may suspend the
15.11 	obligor's child support obligation pending the final custody
15.12 	determination.  The court's order denying the suspension of
15.13 	child support must include a written explanation of the reasons
15.14 	why continuation of the child support obligation would be in the
15.15 	best interests of the child.

15.16 	Sec. 15. Minnesota Statutes 2004, section 518.191,
15.17 	subdivision 2, is amended to read:
15.18 		Subd. 2.Required information.  A summary real estate
15.19 	disposition judgment must contain the following information:
15.20 	(1) the full caption and file number of the case and the title
15.21 	"Summary Real Estate Disposition Judgment"; (2) the dates of the
15.22 	parties' marriage and of the entry of the judgment and decree of
15.23 	dissolution; (3) the names of the parties' attorneys or if
15.24 	either or both appeared pro se; (4) the name of the judge and
15.25 	referee, if any, who signed the order for judgment and decree;
15.26 	(5) whether the judgment and decree resulted from a stipulation,
15.27 	a default, or a trial and the appearances at the default or
15.28 	trial; (6) if the judgment and decree resulted from a
15.29 	stipulation, whether disposition of the property was stipulated
15.30 	to by legal description; (7) if the judgment and decree resulted
15.31 	from a default, whether the petition contained the legal
15.32 	description of the property and disposition was made in
15.33 	accordance with the request for relief, and how service of the
15.34 	summons and petition was made; (8) whether either party changed
15.35 	the party's name through the judgment and decree; (7) (9) the
15.36 	legal description of each parcel of real estate; (8) (10) the
16.1 	name or names of the persons awarded an interest in each parcel
16.2 	of real estate and a description of the interest
16.3 	awarded; (9) (11) liens, mortgages, encumbrances, or other
16.4 	interests in the real estate described in the judgment and
16.5 	decree; and (10) (12) triggering or contingent events set forth
16.6 	in the judgment and decree affecting the disposition of each
16.7 	parcel of real estate.

16.8 	Sec. 16. Minnesota Statutes 2004, section 518.191,
16.9 	subdivision 4, is amended to read:
16.10 		Subd. 4.Transfer of property.  The summary real estate
16.11 	disposition judgment operates as a conveyance and transfer of
16.12 	each interest in the real estate in the manner and to the extent
16.13 	described in the summary real estate disposition judgment, even
16.14 	if the judgment and decree states that a deed is required.

16.15 	Sec. 17. Minnesota Statutes 2004, section 518.54,
16.16 	subdivision 4a, is amended to read:
16.17 		Subd. 4a.Support order. (a) "Support order" means a
16.18 	judgment, decree, or order, whether temporary, final, or subject
16.19 	to modification, issued by a court or administrative agency of
16.20 	competent jurisdiction,:
16.21 	(1) for the support and maintenance of a child, including a
16.22 	child who has attained the age of majority under the law of the
16.23 	issuing state, or ;
16.24 	(2) for a child and the parent with whom the child is
16.25 	living, that provides for monetary support, child care, medical
16.26 	support including expenses for confinement and pregnancy,
16.27 	arrearages, or reimbursement, and that ; or 
16.28 	(3) for the maintenance of a spouse.
16.29 	(b) The support order may include related costs and fees,
16.30 	interest and penalties, income withholding, and other relief.
16.31 	This definition applies to orders issued under this chapter and
16.32 	chapters 256, 257, and 518C.

16.33 	Sec. 18. Minnesota Statutes 2004, section 518.54,
16.34 	subdivision 14, is amended to read:
16.35 		Subd. 14.Iv-d case.  "IV-D case" means a case where a
16.36 	party has assigned to the state rights to child support because
17.1 	of the receipt of public assistance as defined in section
17.2 	256.741 or has applied for child support services under title
17.3 	IV-D of the Social Security Act, United States Code, title 42,
17.4 	section 654(4). An obligation for spousal maintenance under
17.5 	subdivision 4a, paragraph (a), clause (3), is not an IV-D case.

17.6 	Sec. 19. Minnesota Statutes 2004, section 518.54, is
17.7 	amended by adding a subdivision to read:
17.8 		Subd. 15.Income withholding only services. "Income
17.9 	withholding only services" means the services provided by the
17.10 	public authority to collect payments pursuant to a support order
17.11 	but does not include other enforcement services provided by the
17.12 	public authority for IV-D cases.  Notices required for income
17.13 	withholding under this section shall be initiated by the
17.14 	applicant for services.  An obligation for spousal maintenance
17.15 	under subdivision 4a, paragraph (a), clause (3), is only
17.16 	eligible for income withholding only services.

17.17 	Sec. 20. Minnesota Statutes 2004, section 518.58,
17.18 	subdivision 4, is amended to read:
17.19 		Subd. 4.Pension plans.  (a) The division of marital
17.20 	property that represents pension plan benefits or rights in the
17.21 	form of future pension plan payments:
17.22 	(1) is payable only to the extent of the amount of the
17.23 	pension plan benefit payable under the terms of the plan;
17.24 	(2) is not payable for a period that exceeds the time that
17.25 	pension plan benefits are payable to the pension plan benefit
17.26 	recipient;
17.27 	(3) is not payable in a lump sum amount from defined
17.28 	benefit public pension plan assets attributable in any fashion
17.29 	to a spouse with the status of an active member, deferred
17.30 	retiree, or benefit recipient of a pension plan;
17.31 	(4) if the former spouse to whom the payments are to be
17.32 	made dies prior to the end of the specified payment period with
17.33 	the right to any remaining payments accruing to an estate or to
17.34 	more than one survivor, is payable only to a trustee on behalf
17.35 	of the estate or the group of survivors for subsequent
17.36 	apportionment by the trustee; and
18.1 	(5) in the case of defined benefit public pension plan
18.2 	benefits or rights, may not commence until the public plan
18.3 	member submits a valid application for a public pension plan
18.4 	benefit and the benefit becomes payable.
18.5 	(b) The individual retirement account plans established
18.6 	under chapter 354B may provide in its plan document, if
18.7 	published and made generally available, for an alternative
18.8 	marital property division or distribution of individual
18.9 	retirement account plan assets.  If an alternative division or
18.10 	distribution procedure is provided, it applies in place of
18.11 	paragraph (a), clause (5).

18.12 	Sec. 21. Laws 2005, chapter 136, article 15, section 5, is
18.13 	amended to read:
18.14 	[260C.209] [BACKGROUND CHECKS.]
18.15 		Subdivision 1.Subjects. The responsible social services
18.16 	agency must conduct a background check under this section of the
18.17 	following persons:
18.18 	(1) a noncustodial parent or nonadjudicated parent who is
18.19 	being assessed for purposes of providing day-to-day care of a
18.20 	child temporarily or permanently under section 260C.212,
18.21 	subdivision 4, and any member of the parent's household who is
18.22 	over the age of 13 years of age when there is a reasonable cause
18.23 	to believe that the parent or household member over age 13 years
18.24 	of age has a criminal history or a history of maltreatment of a
18.25 	child or vulnerable adult which would endanger the child's
18.26 	health, safety, or welfare;
18.27 	(2) an individual whose suitability for relative placement
18.28 	under section 260C.212, subdivision 5, is being determined, and
18.29 	any member of the relative's household who is over the age of 13
18.30 	years of age when:  (i) the relative must be licensed for foster
18.31 	care; or (ii) the agency must conduct a background study under
18.32 	section 259.53, subdivision 2; or (iii) the agency has
18.33 	reasonable cause to believe the relative or household member
18.34 	over the age of 13 years of age has a criminal history which
18.35 	would not make transfer of permanent legal and physical custody
18.36 	to the relative under section 260C.201, subdivision 11, in the
19.1 	child's best interest; and
19.2 	(3) a parent, following an out-of-home placement, when the
19.3 	responsible social service agency has reasonable cause to
19.4 	believe that the parent has been convicted of a crime directly
19.5 	related to the parent's capacity to maintain the child's health,
19.6 	safety, or welfare;or the parent is the subject of an open
19.7 	investigation of, or has been the subject of a substantiated
19.8 	allegation of, child or vulnerable-adult maltreatment within the
19.9 	past ten years.
19.10 	As used in this subdivision,"reasonable cause" means that the
19.11 	agency has received information or a report from the subject or
19.12 	a third person that creates an articulable suspicion that the
19.13 	individual has a history that may pose a risk to the health,
19.14 	safety, or welfare of the child.  The information or report must
19.15 	be specific to the potential subject of the background check and
19.16 	shall must not be based on the race, religion, ethnic
19.17 	background, age, class, or lifestyle of the potential subject.
19.18 		Subd. 2.General procedures. (a) When conducting a
19.19 	background check under subdivision 1, the agency may require the
19.20 	individual being assessed to provide sufficient information to
19.21 	ensure an accurate assessment under this section, including the
19.22 	individual's:
19.23 	(1) the individual's first, middle, and last name and all
19.24 	other names by which the individual has been known;
19.25 	(2) home address, zip code, city, county, and state of
19.26 	residence for the past ten years;
19.27 	(3) sex;
19.28 	(4) date of birth; and
19.29 	(5) driver's license number or state identification number.
19.30 	(b) When notified by the responsible social services agency
19.31 	that it is conducting an assessment under this section, the
19.32 	Bureau of Criminal Apprehension, the commissioners of health and
19.33 	human services, law enforcement, and county agencies must
19.34 	provide the responsible social services agency or county
19.35 	attorney with the following information on the individual being
19.36 	assessed:  criminal history data, reports about the maltreatment
20.1 	of adults substantiated under section 626.557, and reports of
20.2 	maltreatment of minors substantiated under section 626.556.
20.3 		Subd. 3.Multistate information. (a) For any assessment
20.4 	completed under this section, if the responsible social services
20.5 	agency has reasonable cause to believe that the individual is a
20.6 	multistate offender, the individual must provide the responsible
20.7 	social services agency or the county attorney with a set of
20.8 	classifiable fingerprints obtained from an authorized law
20.9 	enforcement agency.  The responsible social services agency or
20.10 	county attorney may obtain criminal history data from the
20.11 	National Criminal Records Repository by submitting the
20.12 	fingerprints to the Bureau of Criminal Apprehension.
20.13 	(b) For purposes of this subdivision, the responsible
20.14 	social services agency has reasonable cause when, but not
20.15 	limited to:
20.16 	(1) information from the Bureau of Criminal Apprehension
20.17 	indicates that the individual is a multistate offender;
20.18 	(2) information from the Bureau of Criminal Apprehension
20.19 	indicates that multistate offender status is undetermined;
20.20 	(3) the social services agency has received a report from
20.21 	the individual or a third party indicating that the individual
20.22 	has a criminal history in a jurisdiction other than Minnesota;
20.23 	or
20.24 	(4) the individual is or has been a resident of a state
20.25 	other than Minnesota at any time during the prior ten years.
20.26 		Subd. 4.Notice upon receipt. The responsible social
20.27 	services agency must provide the subject of the background study
20.28 	with the results of the study under this section within 15
20.29 	business days of receipt or at least 15 days prior to the
20.30 	hearing at which the results will be presented, whichever comes
20.31 	first.  The subject may provide written information to the
20.32 	agency that the results are incorrect and may provide additional
20.33 	or clarifying information to the agency and to the court through
20.34 	a party to the proceeding.  This provision does not apply to any
20.35 	background study conducted under chapters 245A and 245C.

20.36 	Sec. 22. Laws 2005, chapter 164, section 31, is amended to
21.1 	read:
21.2 	Sec. 31REPEALER.
 21.3 	Minnesota Statutes 2004, sections 518.171; 518.54,
21.4 	subdivisions 2, 4, and 4a; and 518.551, subdivisions 1,5a, 5c,
21.5 	and 5f, are repealed.

21.6 	Sec. 23. EFFECTIVE DATE.
 21.7 	Sections 17 to 19 are effective the day following final
21.8 	enactment.