HF 626

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to children; modifying execution and consent 
  1.3             requirements for designated parent agreements; 
  1.4             amending Minnesota Statutes 1996, sections 171.07, 
  1.5             subdivision 11; and 257A.01, subdivision 2. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 171.07, 
  1.8   subdivision 11, is amended to read: 
  1.9      Subd. 11.  [DESIGNATED PARENT.] (a) Upon the written 
  1.10  request of the applicant on a form developed by the department, 
  1.11  which contains the information specified in paragraph (b), and 
  1.12  upon payment of an additional fee of $3.50, the department shall 
  1.13  issue a driver's license or Minnesota identification card 
  1.14  bearing a symbol or other appropriate identifier indicating that 
  1.15  the license holder has appointed an individual to serve as a 
  1.16  designated parent under chapter 257A. 
  1.17     (b) The form shall provide as follows:  
  1.18     "...(Name of parent(s))... appoints ...(name of designated 
  1.19  parent)... to provide care for ...(name of child or children)... 
  1.20  when requested by the parent(s) or when the parent(s) is unable 
  1.21  to care for the child (children) and unable to request the 
  1.22  designated parent's assistance. 
  1.23     The designated parent will care for the child (children) 
  1.24  named in this form for (choose one of the following): 
  1.25     (indicate a specified period of time that is less than one 
  2.1   year); or 
  2.2      (indicate that care is to be provided for one year). 
  2.3      The designated parent has the powers and duties to make 
  2.4   decisions and meet the child's (children's) needs in the areas 
  2.5   checked or specified below: 
  2.6      education ..... 
  2.7      health care ..... 
  2.8      religion ..... 
  2.9      day care ..... 
  2.10     recreation ..... 
  2.11     other ..... 
  2.12   ........................................................... 
  2.13   ........................................................... 
  2.14   ........................................................... 
  2.15     The designated parent (choose one of the following): 
  2.16     is ... 
  2.17     is not ... 
  2.18     authorized to make decisions about financial issues and 
  2.19  control financial resources provided for the child (children) by 
  2.20  the parent. 
  2.21     This designated parent agreement is effective for four 
  2.22  years following the date it is signed by the parent(s), 
  2.23  designated parent, any child age 14 or older, and any alternate 
  2.24  designated parent.  However, the agreement may be canceled by a 
  2.25  parent, a designated parent, or an alternate designated parent 
  2.26  at any time before that date, upon notice to the other parties 
  2.27  to the agreement.  All parents who have court-ordered visitation 
  2.28  rights must consent to the agreement. 
  2.29     (Parent(s) Signature(s) of parent(s) with legal custody and 
  2.30  Minnesota driver's license(s) or Minnesota identification card 
  2.31  number(s)) 
  2.32     (Designated parent signature, Minnesota driver's license or 
  2.33  Minnesota identification card number, address, and telephone 
  2.34  number) 
  2.35     (Alternate designated parent signature, Minnesota driver's 
  2.36  license or Minnesota identification card number, address, and 
  3.1   telephone number) 
  3.2      (Child age 14 or older signature .....) 
  3.3      (Date .....) 
  3.4      (Notarization .....)" 
  3.5      (c) The department shall maintain a computerized records 
  3.6   system of all persons listed as designated parents by driver's 
  3.7   license and identification card applicants.  This data shall be 
  3.8   released to appropriate law enforcement agencies under section 
  3.9   13.69.  Upon a parent's request and payment of a fee of $3.50, 
  3.10  the department shall revise its list of designated parents and 
  3.11  alternates to reflect a change in the appointment of a 
  3.12  designated parent. 
  3.13     (d) At the request of the license or card holder, the 
  3.14  department shall cancel the designated parent indication without 
  3.15  additional charge.  However, this paragraph does not prohibit a 
  3.16  fee that may be applicable for a duplicate or replacement 
  3.17  license or card, renewal of a license, or other service 
  3.18  applicable to a driver's license or identification card. 
  3.19     (e) Notwithstanding sections 13.08, subdivision 1, and 
  3.20  13.69, the department and department employees are conclusively 
  3.21  presumed to be acting in good faith when employees rely on 
  3.22  statements made, in person or by telephone, by persons 
  3.23  purporting to be law enforcement and subsequently release 
  3.24  information described in paragraph (b).  When acting in good 
  3.25  faith, the department and department personnel are immune from 
  3.26  civil liability and not subject to suit for damages resulting 
  3.27  from the release of this information. 
  3.28     (f) The department and its employees: 
  3.29     (1) have no duty to inquire or otherwise determine whether 
  3.30  a form submitted under this subdivision contains the signatures 
  3.31  of all parents who have legal custody of a child or whether all 
  3.32  parents who have court-ordered visitation rights have consented 
  3.33  to the agreement; and 
  3.34     (2) are immune from all civil liability and not subject to 
  3.35  suit for damages resulting from a claim that any parent with 
  3.36  legal custody of a child has not signed the form or that a 
  4.1   parent who has court-ordered visitation rights did not consent 
  4.2   to the agreement. 
  4.3      (g) Of the fees received by the department under this 
  4.4   subdivision: 
  4.5      (1) Up to $111,000 received in fiscal year 1997 and up to 
  4.6   $61,000 received in subsequent fiscal years must be deposited in 
  4.7   the general fund. 
  4.8      (2) All other fees must be deposited in the trunk highway 
  4.9   fund. 
  4.10     Sec. 2.  Minnesota Statutes 1996, section 257A.01, 
  4.11  subdivision 2, is amended to read: 
  4.12     Subd. 2.  [CONSENTS AND NOTICE REQUIRED.] (a) The agreement 
  4.13  must be executed by all parents with physical legal custody of 
  4.14  the child and must have the consent of every parent who has 
  4.15  court-ordered visitation rights.  The agreement becomes 
  4.16  operative when none of the parents with physical custody is able 
  4.17  to care for the child.  As soon as practicable after executing 
  4.18  an agreement, a copy of the agreement must be given to any 
  4.19  noncustodial parent of the child and to every child age 14 or 
  4.20  older to whom the agreement applies. 
  4.21     (b) Consent of a parent required under paragraph (a) may be 
  4.22  given in writing or may be established by mailing a notice 
  4.23  regarding the designated parent agreement to the parent's last 
  4.24  known address.  The notice must include the name of the proposed 
  4.25  designated parent and inform the parent whose consent is 
  4.26  required that the parent's consent to the agreement will be 
  4.27  implied if the parent does not object within 30 days.  If the 
  4.28  parent does not object to the agreement orally or in writing 
  4.29  within 30 days, the consent of the parent is implied.