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HF 101

as introduced - 88th Legislature (2013 - 2014) Posted on 01/17/2013 01:26pm

KEY: stricken = removed, old language.
underscored = added, new language.
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Engrossments
Introduction Posted on 01/17/2013

Current Version - as introduced

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A bill for an act
 relating to children; imposing a child support obligation on individuals whose
parental rights have been terminated; amending Minnesota Statutes 2012,
sections 260C.317, subdivision 1; 518A.26, subdivision 20.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 260C.317, subdivision 1, is amended to
read:


Subdivision 1.

Termination.

new text begin (a) new text end If, after a hearing, the court finds by clear and
convincing evidence that one or more of the conditions set out in section 260C.301 exist,
it may terminate parental rights. Upon the termination of parental rights all rights, powers,
privileges, immunities, duties, and obligations, including any rights to custody, control,new text begin or
new text end visitationdeleted text begin , or supportdeleted text end existing between the child and parent shall be severed and terminated
and the parent shall have no standing to appear at any further legal proceeding concerning
the child. Provided, however, that a parent whose parental rights are terminated:

(1) shall remain liable for the unpaid balance of any support obligation owed under a
court order upon the effective date of the order terminating parental rights; deleted text begin and
deleted text end

(2) may be a party to a communication or contact agreement under section 259.58new text begin ; and
new text end

new text begin (3) may be ordered to pay child support if:
 new text end

new text begin (i) the court terminated the parental rights of the parent based on findings that one or
more of the conditions listed in section 260C.301, subdivision 1, clause (b), exists; and
 new text end

new text begin (ii) the court finds that imposition of a child support obligation is in the best interests
of the child.
 new text end

new text begin (b) Child support shall be calculated according to section 518A.34. Any child
support obligation imposed under paragraph (a), clause (3), shall terminate when the
child is adoptednew text end .

Sec. 2.

Minnesota Statutes 2012, section 518A.26, subdivision 20, is amended to read:


Subd. 20.

Support money; child support.

"Support money" or "child support"
means an amount for basic support, child care support, and medical support pursuant to:

(1) an award in a dissolution, legal separation, annulment, or parentage proceeding
for the care, support and education of any child of the marriage or of the parties to the
proceeding;

(2) a contribution by parents ordered under section 256.87; or

(3) support ordered under new text begin section 260C.317, subdivision 1, paragraph (a), clause (3),
or new text end chapter 518B or 518C.