HF 1013

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to marriage dissolution; providing for parent 
  1.3             education and cooperation for the children program 
  1.4             pilot projects; changing certain visitation dispute 
  1.5             resolution procedures; changing certain terminology; 
  1.6             requiring a notice; appropriating money; amending 
  1.7             Minnesota Statutes 1996, sections 518.157; 518.175, 
  1.8             subdivision 6; 518.1751; 518.18; 518.68, subdivision 
  1.9             2; and 626.556, subdivision 2. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1996, section 518.157, is 
  1.12  amended to read: 
  1.13     518.157 [ORIENTATION PARENT EDUCATION PROGRAM IN 
  1.14  PROCEEDINGS INVOLVING CHILDREN.] 
  1.15     Subdivision 1.  [IMPLEMENTATION; ADMINISTRATION.] By 
  1.16  January 1, 1998, the chief judge of each judicial district or a 
  1.17  designee shall implement one or more parent education programs 
  1.18  within the judicial district for the purpose of educating 
  1.19  parents about the impact that divorce, the restructuring of 
  1.20  families, and judicial proceedings have upon children and 
  1.21  families; methods for preventing visitation conflicts; and 
  1.22  dispute resolution options.  Each parent education program must 
  1.23  enable persons to have timely and reasonable access to education 
  1.24  sessions. 
  1.25     Subd. 2.  [MINIMUM STANDARDS; PLAN.] The Minnesota supreme 
  1.26  court should promulgate minimum standards for the implementation 
  1.27  and administration of a parent education program.  The chief 
  2.1   judge of each judicial district or a designee shall submit a 
  2.2   plan to the Minnesota conference of chief judges for their 
  2.3   approval that is designed to implement and administer a parent 
  2.4   education program in the judicial district.  The plan must be 
  2.5   consistent with the minimum standards promulgated by the 
  2.6   Minnesota supreme court. 
  2.7      Subd. 3.  [ATTENDANCE.] In a proceeding under this 
  2.8   chapter involving custody, support, or visitation of children, 
  2.9   the court may require the parties to or sections 257.51 to 
  2.10  257.75 where custody or visitation is contested, the parents of 
  2.11  a minor child shall attend an orientation and education 
  2.12  program regarding the proceedings and the impact on the children.
  2.13  that meets the minimum standards promulgated by the Minnesota 
  2.14  supreme court.  In all other proceedings involving custody, 
  2.15  support, or visitation the court may order the parents of a 
  2.16  minor child to attend a parent education program.  The program 
  2.17  shall provide the court with names of persons who fail to attend 
  2.18  the parent education program as ordered by the court.  Persons 
  2.19  who are separated or contemplating involvement in a dissolution, 
  2.20  paternity, custody, or visitation proceeding may attend a parent 
  2.21  education program without a court order.  Participation in a 
  2.22  parent education program must occur as early as possible.  
  2.23  Parent education programs must offer an opportunity to 
  2.24  participate at all phases of a pending or postdecree 
  2.25  proceeding.  Upon request of a party and a showing of good 
  2.26  cause, the court shall may excuse the party from attending the 
  2.27  program.  Parties may be required to pay a fee to cover the cost 
  2.28  of the program, except that if a party is entitled to proceed in 
  2.29  forma pauperis under section 563.01, the court shall waive the 
  2.30  fee or direct its payment under section 563.01.  If past or 
  2.31  present domestic abuse, as defined in chapter 518B, is alleged, 
  2.32  the court may shall not require the parties to attend the 
  2.33  same orientation session parent education sessions and shall 
  2.34  enter an order setting forth the manner in which the parties may 
  2.35  safely participate in the program. 
  2.36     Subd. 4.  [SANCTIONS.] The court may impose sanctions upon 
  3.1   a parent for failure to attend or complete a parent education 
  3.2   program as ordered. 
  3.3      Subd. 5.  [CONFIDENTIALITY.] Unless all parties agree in 
  3.4   writing, statements made by a party during participation in a 
  3.5   parent education program are inadmissible as evidence for any 
  3.6   purpose, including impeachment.  No record may be made regarding 
  3.7   a party's participation in a parent education program, except a 
  3.8   record of attendance at and completion of the program as 
  3.9   required under this section.  Instructors shall not disclose 
  3.10  information regarding an individual participant obtained as a 
  3.11  result of participation in a parent education program.  Parent 
  3.12  education instructors may not be subpoenaed or called as 
  3.13  witnesses in court proceedings. 
  3.14     Subd. 6.  [FEE.] Except as provided in this subdivision, 
  3.15  each person who attends a parent education program shall pay a 
  3.16  fee to defray the cost of the program.  A party who qualifies 
  3.17  for waiver of filing fees under section 563.01 is exempt from 
  3.18  paying the parent education program fee and the court shall 
  3.19  waive the fee or direct its payment under section 563.01.  
  3.20  Program providers shall implement a sliding fee scale. 
  3.21     Sec. 2.  Minnesota Statutes 1996, section 518.175, 
  3.22  subdivision 6, is amended to read: 
  3.23     Subd. 6.  [REMEDIES.] (a) The court may provide for one or 
  3.24  more of the following remedies for denial of or interference 
  3.25  with court-ordered visitation as provided under this 
  3.26  subdivision.  All visitation orders must include notice of the 
  3.27  provisions of this subdivision. 
  3.28     (b) If the court finds that a person has been wrongfully 
  3.29  deprived of the duly established right to court-ordered 
  3.30  visitation, the court shall order the custodial parent to permit 
  3.31  additional visits to compensate for the visitation of which the 
  3.32  person was deprived or the court shall make specific findings as 
  3.33  to why a request for compensatory visitation is denied.  If 
  3.34  compensatory visitation is awarded, additional visits must be: 
  3.35     (1) at least of the same type and duration as the 
  3.36  wrongfully denied deprived visit and, at the discretion of the 
  4.1   court, may be in excess of or of a different type than the 
  4.2   deprived visit; 
  4.3      (2) taken within one year after the wrongfully denied 
  4.4   deprived visit; and 
  4.5      (3) at a time acceptable to the person deprived of 
  4.6   visitation. 
  4.7      (c) If the court finds that a custodial parent, a 
  4.8   noncustodial parent, or any other party has wrongfully failed to 
  4.9   comply with a visitation order or a binding agreement of the 
  4.10  parties or a binding decision under section 518.1751, the 
  4.11  court may shall order an appropriate remedy including one or 
  4.12  more of the following: 
  4.13     (1) impose a civil penalty of up to $500 on the party; or 
  4.14     (2) require the party to post a bond with the court for a 
  4.15  specified period of time to secure the party's compliance.; 
  4.16     (3) award reasonable attorney's fees and costs; 
  4.17     (4) require the party who violated the visitation order or 
  4.18  binding agreement or decision of the visitation expeditor to 
  4.19  reimburse the other party for costs incurred as a result of the 
  4.20  violation of the order or agreement or decision; or 
  4.21     (5) award any other remedy that the court finds to be in 
  4.22  the best interests of the children involved. 
  4.23     A civil penalty imposed under this paragraph must be 
  4.24  deposited in the county general fund and must be used to fund 
  4.25  the costs of a visitation expeditor program in a county with 
  4.26  this program.  In other counties, the civil penalty must be 
  4.27  deposited in the state general fund. 
  4.28     (d) If the court finds that a party has been denied 
  4.29  visitation and has incurred expenses in connection with the 
  4.30  denied visitation, the court may require the party who denied 
  4.31  visitation to post a bond in favor of the other party in the 
  4.32  amount of prepaid expenses associated with an upcoming planned 
  4.33  visitation. 
  4.34     (e) Proof of an unwarranted denial of or interference with 
  4.35  duly established visitation may constitute contempt of court and 
  4.36  may be sufficient cause for reversal of custody. 
  5.1      Sec. 3.  Minnesota Statutes 1996, section 518.1751, is 
  5.2   amended to read: 
  5.3      518.1751 [VISITATION DISPUTE RESOLUTION.] 
  5.4      Subdivision 1.  [VISITATION EXPEDITOR.] (a) Upon request of 
  5.5   either party, the parties' stipulation, or upon the court's own 
  5.6   motion, the court may appoint a visitation expeditor to resolve 
  5.7   visitation disputes that occur under a visitation order while a 
  5.8   matter is pending under this chapter, chapter 257 or 518A, or 
  5.9   after a decree is entered.  Prior to appointing the visitation 
  5.10  expeditor, the court shall give the parties notice that the 
  5.11  costs of the visitation expeditor will be apportioned among the 
  5.12  parties and that if the parties do not reach an agreement, the 
  5.13  visitation expeditor will make a nonbinding decision resolving 
  5.14  the dispute. 
  5.15     Subd. 1a.  [EXCEPTIONS.] A party may not be required to 
  5.16  refer a visitation dispute to a visitation expeditor under this 
  5.17  section if: 
  5.18     (1) one of the parties claims to be the victim of domestic 
  5.19  abuse by the other party; 
  5.20     (2) the court determines there is probable cause that one 
  5.21  of the parties or a child of the parties has been physically 
  5.22  abused or threatened with physical abuse by the other party; or 
  5.23     (3) the party is unable to pay the costs of the expeditor, 
  5.24  as provided under subdivision 2a. 
  5.25     If the court is satisfied that the parties have been 
  5.26  advised by counsel and have agreed to use the visitation 
  5.27  expeditor process and the process does not involve face-to-face 
  5.28  meeting of the parties, the court may direct that the visitation 
  5.29  expeditor process be used. 
  5.30     Subd. 1b.  [PURPOSE; DEFINITIONS.] (a) The purpose of a 
  5.31  visitation expeditor is to resolve visitation disputes by 
  5.32  enforcing, interpreting, clarifying, and addressing 
  5.33  circumstances not specifically addressed by an existing 
  5.34  visitation order and, if appropriate, to make a determination as 
  5.35  to whether the existing visitation order has been violated.  A 
  5.36  visitation expeditor may be appointed to resolve a one-time 
  6.1   visitation dispute or to provide ongoing visitation dispute 
  6.2   resolution services. 
  6.3      (b) For purposes of this section, "visitation dispute" 
  6.4   means a disagreement among parties about visitation with a 
  6.5   child, including a dispute about an anticipated denial of a 
  6.6   future scheduled visit.  "Visitation dispute" includes a claim 
  6.7   by a custodial parent that a noncustodial parent is not visiting 
  6.8   a child as well as a claim by a noncustodial parent that a 
  6.9   custodial parent is denying or interfering with visitation. 
  6.10     (c) A "visitation expeditor" is a neutral person authorized 
  6.11  to use a mediation-arbitration process to resolve visitation 
  6.12  disputes.  A visitation expeditor shall attempt to resolve a 
  6.13  visitation dispute by facilitating negotiations between the 
  6.14  parties to promote settlement and, if it becomes apparent that 
  6.15  the dispute cannot be resolved by an agreement of the parties, 
  6.16  the visitation expeditor shall make a decision resolving the 
  6.17  dispute. 
  6.18     Subd. 2.  [APPOINTMENT; COSTS.] The court shall appoint the 
  6.19  visitation expeditor and indicate the term of the appointment.  
  6.20  If the parties cannot agree on a visitation expeditor, the court 
  6.21  shall present a list of candidates with one more candidate than 
  6.22  there are parties to the dispute.  In developing the list of 
  6.23  candidates, the court must give preference (a) The parties may 
  6.24  stipulate to the appointment of a visitation expeditor or a team 
  6.25  of two expeditors without appearing in court by submitting to 
  6.26  the court a written agreement identifying the names of the 
  6.27  individuals to be appointed by the court; the nature of the 
  6.28  dispute; the responsibilities of the visitation expeditor, 
  6.29  including whether the expeditor is appointed to resolve a 
  6.30  specific issue or on an ongoing basis; the term of the 
  6.31  appointment; and the apportionment of fees and costs.  The court 
  6.32  shall review the agreement of the parties.  
  6.33     (b) If the parties cannot agree on a visitation expeditor, 
  6.34  the court shall provide to the parties a copy of the court 
  6.35  administrator's roster of visitation expeditors and shall 
  6.36  require the parties to exchange the names of three potential 
  7.1   visitation expeditors by a specific date.  If after exchanging 
  7.2   names the parties are unable to agree upon a visitation 
  7.3   expeditor, the court shall select the visitation expeditor and, 
  7.4   in its discretion, may appoint one expeditor or a team of two 
  7.5   visitation expeditors.  In the selection process the court must 
  7.6   give consideration to the financial circumstances of the parties 
  7.7   and the fees of those being considered as visitation 
  7.8   expeditors.  Preference must be given to persons who agree to 
  7.9   volunteer their services or who will charge a variable fee for 
  7.10  services based on the ability of the parties to pay for 
  7.11  them.  Each party shall strike one name and the court shall 
  7.12  appoint the remaining individual as the visitation expeditor.  
  7.13  In its order appointing the visitation expeditor, the court 
  7.14  shall apportion the costs of the visitation expeditor among the 
  7.15  parties, with each party bearing the portion of costs that the 
  7.16  court determines is just and equitable under the circumstances.  
  7.17  If a party files a pro se motion regarding a visitation dispute 
  7.18  and there is not a court order that provides for apportionment 
  7.19  of the costs of an expeditor, the court administrator may 
  7.20  require the party requesting the appointment of an expeditor to 
  7.21  pay the costs of the expeditor in advance.  Neither party may be 
  7.22  required to submit a dispute to a visitation expeditor if the 
  7.23  party cannot afford to pay for the costs of an expeditor and an 
  7.24  affordable expeditor is not available, unless the other party 
  7.25  agrees to pay the costs.  After costs are incurred, a party may 
  7.26  by motion request that the costs be reapportioned on equitable 
  7.27  grounds.  The court may consider the resources of the parties, 
  7.28  the nature of the dispute, and whether a party acted in bad 
  7.29  faith.  The court may consider information from the expeditor in 
  7.30  determining bad faith. 
  7.31     (c)  An order appointing a visitation expeditor shall 
  7.32  identify the name of the individual to be appointed, the nature 
  7.33  of the dispute, the responsibilities of the visitation expeditor 
  7.34  including whether the expeditor is appointed to resolve a 
  7.35  specific issue or on an ongoing basis, the term of the 
  7.36  appointment, the apportionment of fees, and notice that if the 
  8.1   parties are unable to reach an agreement with the assistance of 
  8.2   the visitation expeditor, the visitation expeditor is authorized 
  8.3   to make a decision resolving the dispute which is binding upon 
  8.4   the parties unless modified or vacated by the court. 
  8.5      Subd. 2a.  [FEES.] Prior to appointing the visitation 
  8.6   expeditor, the court shall give the parties notice that the fees 
  8.7   of the visitation expeditor will be apportioned among the 
  8.8   parties.  In its order appointing the visitation expeditor, the 
  8.9   court shall apportion the fees of the visitation expeditor among 
  8.10  the parties, with each party bearing the portion of fees that 
  8.11  the court determines is just and equitable under the 
  8.12  circumstances.  If a party files a pro se motion regarding a 
  8.13  visitation dispute and there is not a court order that provides 
  8.14  for apportionment of the fees of an expeditor, the court 
  8.15  administrator may require the party requesting the appointment 
  8.16  of an expeditor to pay the fees of the expeditor in advance.  
  8.17  Neither party may be required to submit a dispute to a 
  8.18  visitation expeditor if the party cannot afford to pay for the 
  8.19  fees of an expeditor and an affordable expeditor is not 
  8.20  available, unless the other party agrees to pay the fees.  After 
  8.21  fees are incurred, a party may by motion request that the fees 
  8.22  be reapportioned on equitable grounds.  The court may consider 
  8.23  the resources of the parties, the nature of the dispute, and 
  8.24  whether a party acted in bad faith.  The court may consider 
  8.25  information from the expeditor in determining bad faith. 
  8.26     Subd. 2b.  [ROSTER OF VISITATION EXPEDITORS.] Each court 
  8.27  administrator shall maintain and make available to the public 
  8.28  and judicial officers a roster of individuals available to serve 
  8.29  as visitation expeditors, including each individual's name, 
  8.30  address, telephone number, and fee charged, if any.  A court 
  8.31  administrator shall not place on the roster the name of an 
  8.32  individual who has not completed the training required in 
  8.33  subdivision 2c.  If the use of a visitation expeditor is 
  8.34  initiated by stipulation of the parties, the parties may agree 
  8.35  upon a person to serve as a visitation expeditor even if that 
  8.36  person has not completed the training described in subdivision 
  9.1   2c.  The court may appoint a person to serve as a visitation 
  9.2   expeditor even if the person is not on the court administrator's 
  9.3   roster, but may not appoint a person who has not completed the 
  9.4   training described in subdivision 2c, unless so stipulated by 
  9.5   the parties.  To maintain one's listing on a court 
  9.6   administrator's roster of visitation expeditors, an individual 
  9.7   shall annually submit to the court administrator proof of 
  9.8   completion of continuing education requirements. 
  9.9      Subd. 2c.  [TRAINING AND CONTINUING EDUCATION 
  9.10  REQUIREMENTS.] To qualify for listing on a court administrator's 
  9.11  roster of visitation expeditors, an individual shall complete a 
  9.12  minimum of 40 hours of family mediation training that has been 
  9.13  certified by the Minnesota supreme court, which must include 
  9.14  certified training in domestic abuse issues as required under 
  9.15  Rule 114 of the Minnesota General Rules of Practice for the 
  9.16  District Courts.  To maintain one's listing on a court 
  9.17  administrator's roster of visitation expeditors, an individual 
  9.18  shall annually attend three hours of continuing education about 
  9.19  alternative dispute resolution subjects.  
  9.20     Subd. 3.  [AGREEMENT OR DECISION.] (a) If a visitation 
  9.21  dispute arises Within five days of notice of the appointment, or 
  9.22  within five days of notice of a subsequent visitation dispute 
  9.23  between the same parties, the visitation expeditor shall meet 
  9.24  with the parties together or separately within five days and 
  9.25  shall make a diligent effort to facilitate an agreement to 
  9.26  resolve the visitation dispute.  If a visitation dispute 
  9.27  requires immediate resolution, the visitation expeditor may 
  9.28  confer with the parties through a telephone conference or 
  9.29  similar means.  An expeditor may make a decision without 
  9.30  conferring with a party if the expeditor made a good faith 
  9.31  effort to confer with the party, but the party chose not to 
  9.32  participate in resolution of the dispute. 
  9.33     (b) If the parties do not reach an agreement, the expeditor 
  9.34  shall make a decision resolving the dispute as soon as possible 
  9.35  but not later than five days after receiving all information 
  9.36  necessary to make a decision and after the final meeting or 
 10.1   conference with the parties.  Resolution of a dispute may 
 10.2   include The visitation expeditor is authorized to award 
 10.3   compensatory visitation under section 518.175, subdivision 6., 
 10.4   and may recommend to the court that the noncomplying party pay 
 10.5   attorney's fees, court costs, and other costs under section 
 10.6   518.175, subdivision 6, paragraph (d), if the visitation order 
 10.7   has been violated.  The visitation expeditor shall not lose 
 10.8   authority to make a decision if circumstances beyond the 
 10.9   visitation expeditor's control make it impracticable to meet the 
 10.10  five-day timelines. 
 10.11     (c) Unless the parties mutually agree, the visitation 
 10.12  expeditor may shall not make a decision that modifies visitation 
 10.13  rights ordered by the court. is inconsistent with an existing 
 10.14  visitation order, but may make decisions interpreting or 
 10.15  clarifying a visitation order, including the development of a 
 10.16  specific schedule when the existing court order grants 
 10.17  "reasonable visitation."  
 10.18     (d) The expeditor shall put an agreement or decision in 
 10.19  writing , and provide a copy to the parties, and file a copy 
 10.20  with the court.  The visitation expeditor may include or omit 
 10.21  reasons for the agreement or decision.  An agreement of the 
 10.22  parties or a decision of the visitation expeditor is binding on 
 10.23  the parties unless vacated or modified by the court.  If a party 
 10.24  does not comply with an agreement of the parties or a decision 
 10.25  of the expeditor, any party may bring a motion with the court to 
 10.26  resolve the dispute and shall attach a copy of the parties' 
 10.27  written agreement or decision of the expeditor.  The court 
 10.28  may consider enforce, modify, or vacate the agreement of the 
 10.29  parties or the decision of the expeditor, but neither is binding 
 10.30  on the court. 
 10.31     Subd. 4.  [OTHER AGREEMENTS.] This section does not 
 10.32  preclude the parties from voluntarily agreeing to submit their 
 10.33  visitation dispute to a neutral third party or from otherwise 
 10.34  resolving visitation disputes on a voluntary basis. 
 10.35     Subd. 4a.  [CONFIDENTIALITY.] (a) Statements made and 
 10.36  documents produced as part of the visitation expeditor process 
 11.1   which are not otherwise discoverable are not subject to 
 11.2   discovery or other disclosure and are not admissible into 
 11.3   evidence for any purpose at trial or in any other proceeding, 
 11.4   including impeachment. 
 11.5      (b) Sworn testimony may be used in subsequent proceedings 
 11.6   for any purpose for which it is admissible under the rules of 
 11.7   evidence.  Visitation expeditors, and lawyers for the parties to 
 11.8   the extent of their participation in the visitation expeditor 
 11.9   process, must not be subpoenaed or called as witnesses in court 
 11.10  proceedings. 
 11.11     (c)  Notes, records, and recollections of visitation 
 11.12  expeditors are confidential and must not be disclosed to the 
 11.13  parties, the public, or anyone other than the visitation 
 11.14  expeditor unless:  (1) all parties and the visitation expeditor 
 11.15  agree in writing to the disclosure, or (2) disclosure is 
 11.16  required by law or other applicable professional codes.  Notes 
 11.17  and records of visitation expeditors must not be disclosed to 
 11.18  the court unless after a hearing the court determines that the 
 11.19  notes or records should be reviewed in camera.  Those notes or 
 11.20  records must not be released by the court unless it determines 
 11.21  that they disclose information showing illegal violation of the 
 11.22  criminal law of the state. 
 11.23     Subd. 5.  [IMMUNITY.] A visitation expeditor is immune from 
 11.24  civil liability for actions taken or not taken when acting under 
 11.25  this section. 
 11.26     Subd. 5a.  [REMOVAL.] If a visitation expeditor has been 
 11.27  appointed on a long-term basis, a party or the visitation 
 11.28  expeditor may file a motion seeking to have the expeditor 
 11.29  removed for good cause shown. 
 11.30     Subd. 6.  [MANDATORY VISITATION DISPUTE RESOLUTION.] (a) 
 11.31  Subject to subdivision 7 1a, a judicial district may establish a 
 11.32  mandatory visitation dispute resolution program as provided in 
 11.33  this subdivision.  In a district where a program has been 
 11.34  established, parties may be required to submit visitation 
 11.35  disputes to a visitation expeditor as a prerequisite to a motion 
 11.36  on the dispute being heard by the court, or either party may 
 12.1   submit the dispute to a visitation expeditor.  A party may file 
 12.2   a motion with the court for purposes of obtaining a court date, 
 12.3   if necessary, but a hearing may not be held until resolution of 
 12.4   the dispute with the visitation expeditor.  The appointment of a 
 12.5   visitation expeditor must be in accordance with subdivision 2.  
 12.6   Visitation expeditor fees must be paid in accordance with 
 12.7   subdivision 2a. 
 12.8      (b) If a visitation expeditor has not been previously 
 12.9   appointed for the parties under subdivision 1 and the parties 
 12.10  cannot agree on a visitation expeditor, the court or court 
 12.11  administrator shall appoint a visitation expeditor from a list 
 12.12  of candidates established by the judicial district, giving 
 12.13  preference to candidates who agree to volunteer their services 
 12.14  or charge a variable fee based on the ability of the parties to 
 12.15  pay. 
 12.16     (c) Notwithstanding subdivision 1, an agreement of the 
 12.17  parties or decision of the visitation expeditor under this 
 12.18  subdivision is binding on the parties unless vacated or modified 
 12.19  by the court.  The expeditor shall put the agreement or decision 
 12.20  in writing, provide a copy to the parties, and file a copy with 
 12.21  the court.  The court may consider the agreement of the parties 
 12.22  or the decision of the expeditor, but neither is binding on the 
 12.23  court.  
 12.24     Subd. 7.  [EXCEPTIONS.] A party may not be required to 
 12.25  refer a visitation dispute to a visitation expeditor under this 
 12.26  section if: 
 12.27     (1) the party has obtained an order for protection under 
 12.28  chapter 518B against the other party; or 
 12.29     (2) the party is unable to pay the costs of the expeditor, 
 12.30  as provided under subdivision 2. 
 12.31     Sec. 4.  Minnesota Statutes 1996, section 518.18, is 
 12.32  amended to read: 
 12.33     518.18 [MODIFICATION OF ORDER.] 
 12.34     (a) Unless agreed to in writing by the parties, no motion 
 12.35  to modify a custody order may be made earlier than one year 
 12.36  after the date of the entry of a decree of dissolution or legal 
 13.1   separation containing a provision dealing with custody, except 
 13.2   in accordance with paragraph (c). 
 13.3      (b) If a motion for modification has been heard, whether or 
 13.4   not it was granted, unless agreed to in writing by the parties 
 13.5   no subsequent motion may be filed within two years after 
 13.6   disposition of the prior motion on its merits, except in 
 13.7   accordance with paragraph (c). 
 13.8      (c) The time limitations prescribed in paragraphs (a) and 
 13.9   (b) shall not prohibit a motion to modify a custody order if the 
 13.10  court finds that there is persistent and willful denial or 
 13.11  interference with visitation, or has reason to believe that the 
 13.12  child's present environment may endanger the child's physical or 
 13.13  emotional health or impair the child's emotional development. 
 13.14     (d) If the court has jurisdiction to determine child 
 13.15  custody matters, the court shall not modify a prior custody 
 13.16  order unless it finds, upon the basis of facts, including 
 13.17  unwarranted denial of, or interference with, a duly established 
 13.18  visitation schedule, that have arisen since the prior order or 
 13.19  that were unknown to the court at the time of the prior order, 
 13.20  that a change has occurred in the circumstances of the child or 
 13.21  the parties and that the modification is necessary to serve the 
 13.22  best interests of the child.  In applying these standards the 
 13.23  court shall retain the custody arrangement established by the 
 13.24  prior order unless: 
 13.25     (i) both parties agree to the modification; 
 13.26     (ii) the child has been integrated into the family of the 
 13.27  petitioner with the consent of the other party; or 
 13.28     (iii) the child's present environment endangers the child's 
 13.29  physical or emotional health or impairs the child's emotional 
 13.30  development and the harm likely to be caused by a change of 
 13.31  environment is outweighed by the advantage of a change to the 
 13.32  child; or 
 13.33     (iv) for a period of three months or longer there has been 
 13.34  a pattern of persistent and willful denial of or interference 
 13.35  with court-ordered visitation and it would be in the best 
 13.36  interests of the child, as defined in section 518.17, to modify 
 14.1   the custody order.  
 14.2      In addition, a court may modify a custody order under 
 14.3   section 631.52.  
 14.4      (e) In deciding whether to modify a prior joint custody 
 14.5   order, the court shall apply the standards set forth in 
 14.6   paragraph (d) unless:  (1) the parties agree in writing to the 
 14.7   application of a different standard, or (2) the party seeking 
 14.8   the modification is asking the court for permission to move the 
 14.9   residence of the child to another state. 
 14.10     (f) If a custodial parent has been granted sole physical 
 14.11  custody of a minor and the child subsequently lives with the 
 14.12  noncustodial parent, and temporary sole physical custody has 
 14.13  been approved by the court or by a court-appointed referee, the 
 14.14  court may suspend the noncustodial parent's child support 
 14.15  obligation pending the final custody determination.  The court's 
 14.16  order denying the suspension of child support must include a 
 14.17  written explanation of the reasons why continuation of the child 
 14.18  support obligation would be in the best interests of the child. 
 14.19     Sec. 5.  Minnesota Statutes 1996, section 518.68, 
 14.20  subdivision 2, is amended to read: 
 14.21     Subd. 2.  [CONTENTS.] The required notices must be 
 14.22  substantially as follows: 
 14.23                          IMPORTANT NOTICE 
 14.24  1.  PAYMENTS TO PUBLIC AGENCY 
 14.25     Pursuant to Minnesota Statutes, section 518.551, 
 14.26     subdivision 1, payments ordered for maintenance and support 
 14.27     must be paid to the public agency responsible for child 
 14.28     support enforcement as long as the person entitled to 
 14.29     receive the payments is receiving or has applied for public 
 14.30     assistance or has applied for support and maintenance 
 14.31     collection services.  MAIL PAYMENTS TO: 
 14.32  2.  DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A 
 14.33  FELONY 
 14.34     A person may be charged with a felony who conceals a minor 
 14.35     child or takes, obtains, retains, or fails to return a 
 14.36     minor child from or to the child's parent (or person with 
 15.1      custodial or visitation rights), pursuant to Minnesota 
 15.2      Statutes, section 609.26.  A copy of that section is 
 15.3      available from any district court clerk. 
 15.4   3.  RULES OF SUPPORT, MAINTENANCE, VISITATION 
 15.5      (a) Payment of support or spousal maintenance is to be as 
 15.6      ordered, and the giving of gifts or making purchases of 
 15.7      food, clothing, and the like will not fulfill the 
 15.8      obligation. 
 15.9      (b) Payment of support must be made as it becomes due, and 
 15.10     failure to secure or denial of rights of visitation is NOT 
 15.11     an excuse for nonpayment, but the aggrieved party must seek 
 15.12     relief through a proper motion filed with the court. 
 15.13     (c) Nonpayment of support is not grounds to deny 
 15.14     visitation.  The party entitled to receive support may 
 15.15     apply for support and collection services, file a contempt 
 15.16     motion, or obtain a judgment as provided in Minnesota 
 15.17     Statutes, section 548.091.  
 15.18     (d) The payment of support or spousal maintenance takes 
 15.19     priority over payment of debts and other obligations. 
 15.20     (e) A party who accepts additional obligations of support 
 15.21     does so with the full knowledge of the party's prior 
 15.22     obligation under this proceeding. 
 15.23     (f) Child support or maintenance is based on annual income, 
 15.24     and it is the responsibility of a person with seasonal 
 15.25     employment to budget income so that payments are made 
 15.26     throughout the year as ordered. 
 15.27     (g) If there is a layoff or a pay reduction, support may be 
 15.28     reduced as of the time of the layoff or pay reduction if a 
 15.29     motion to reduce the support is served and filed with the 
 15.30     court at that time, but any such reduction must be ordered 
 15.31     by the court.  The court is not permitted to reduce support 
 15.32     retroactively, except as provided in Minnesota Statutes, 
 15.33     section 518.64, subdivision 2, paragraph (c).  
 15.34     (h) Reasonable visitation guidelines are contained in 
 15.35     Appendix B, which is available from the court administrator.
 15.36  4.  PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17, 
 16.1   SUBDIVISION 3 
 16.2      Unless otherwise provided by the Court: 
 16.3      (a) Each party has the right of access to, and to receive 
 16.4      copies of, school, medical, dental, religious training, and 
 16.5      other important records and information about the minor 
 16.6      children.  Each party has the right of access to 
 16.7      information regarding health or dental insurance available 
 16.8      to the minor children.  Presentation of a copy of this 
 16.9      order to the custodian of a record or other information 
 16.10     about the minor children constitutes sufficient 
 16.11     authorization for the release of the record or information 
 16.12     to the requesting party. 
 16.13     (b) Each party shall keep the other informed as to the name 
 16.14     and address of the school of attendance of the minor 
 16.15     children.  Each party has the right to be informed by 
 16.16     school officials about the children's welfare, educational 
 16.17     progress and status, and to attend school and parent 
 16.18     teacher conferences.  The school is not required to hold a 
 16.19     separate conference for each party. 
 16.20     (c) In case of an accident or serious illness of a minor 
 16.21     child, each party shall notify the other party of the 
 16.22     accident or illness, and the name of the health care 
 16.23     provider and the place of treatment. 
 16.24     (d) Each party has the right of reasonable access and 
 16.25     telephone contact with the minor children. 
 16.26  5.  WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE 
 16.27     Child support and/or spousal maintenance may be withheld 
 16.28     from income, with or without notice to the person obligated 
 16.29     to pay, when the conditions of Minnesota Statutes, sections 
 16.30     518.611 and 518.613, have been met.  A copy of those 
 16.31     sections is available from any district court clerk. 
 16.32  6.  CHANGE OF ADDRESS OR RESIDENCE 
 16.33     Unless otherwise ordered, the person responsible to make 
 16.34     support or maintenance payments shall notify the person 
 16.35     entitled to receive the payment and the public authority 
 16.36     responsible for collection, if applicable, of a change of 
 17.1      address or residence within 60 days of the address or 
 17.2      residence change. 
 17.3   7.  COST OF LIVING INCREASE OF SUPPORT AND MAINTENANCE 
 17.4      Child support and/or spousal maintenance may be adjusted 
 17.5      every two years based upon a change in the cost of living 
 17.6      (using Department of Labor Consumer Price Index .........., 
 17.7      unless otherwise specified in this order) when the 
 17.8      conditions of Minnesota Statutes, section 518.641, are met. 
 17.9      Cost of living increases are compounded.  A copy of 
 17.10     Minnesota Statutes, section 518.641, and forms necessary to 
 17.11     request or contest a cost of living increase are available 
 17.12     from any district court clerk. 
 17.13  8.  JUDGMENTS FOR UNPAID SUPPORT 
 17.14     If a person fails to make a child support payment, the 
 17.15     payment owed becomes a judgment against the person 
 17.16     responsible to make the payment by operation of law on or 
 17.17     after the date the payment is due, and the person entitled 
 17.18     to receive the payment or the public agency may obtain 
 17.19     entry and docketing of the judgment WITHOUT NOTICE to the 
 17.20     person responsible to make the payment under Minnesota 
 17.21     Statutes, section 548.091.  Interest begins to accrue on a 
 17.22     payment or installment of child support whenever the unpaid 
 17.23     amount due is greater than the current support due, 
 17.24     pursuant to Minnesota Statutes, section 548.091, 
 17.25     subdivision 1a.  
 17.26  9.  JUDGMENTS FOR UNPAID MAINTENANCE 
 17.27     A judgment for unpaid spousal maintenance may be entered 
 17.28     when the conditions of Minnesota Statutes, section 548.091, 
 17.29     are met.  A copy of that section is available from any 
 17.30     district court clerk. 
 17.31  10.  ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD 
 17.32  SUPPORT 
 17.33     A judgment for attorney fees and other collection costs 
 17.34     incurred in enforcing a child support order will be entered 
 17.35     against the person responsible to pay support when the 
 17.36     conditions of section 518.14, subdivision 2, are met.  A 
 18.1      copy of section 518.14 and forms necessary to request or 
 18.2      contest these attorney fees and collection costs are 
 18.3      available from any district court clerk. 
 18.4   11.  VISITATION EXPEDITOR PROCESS 
 18.5      On request of either party or on its own motion, the court 
 18.6      may appoint a visitation expeditor to resolve visitation 
 18.7      disputes under Minnesota Statutes, section 518.1751.  A 
 18.8      copy of that section and a description of the expeditor 
 18.9      process is available from any district court clerk. 
 18.10  12.  VISITATION REMEDIES AND PENALTIES 
 18.11     Remedies and penalties for the wrongful denial of 
 18.12     visitation rights are available under Minnesota Statutes, 
 18.13     section 518.175, subdivision 6.  These include compensatory 
 18.14     visitation; civil penalties; bond requirements; contempt; 
 18.15     and reversal of custody.  A copy of that subdivision and 
 18.16     forms for requesting relief are available from any district 
 18.17     court clerk. 
 18.18     Sec. 6.  Minnesota Statutes 1996, section 626.556, 
 18.19  subdivision 2, is amended to read: 
 18.20     Subd. 2.  [DEFINITIONS.] As used in this section, the 
 18.21  following terms have the meanings given them unless the specific 
 18.22  content indicates otherwise: 
 18.23     (a) "Sexual abuse" means the subjection of a child by a 
 18.24  person responsible for the child's care, by a person who has a 
 18.25  significant relationship to the child, as defined in section 
 18.26  609.341, or by a person in a position of authority, as defined 
 18.27  in section 609.341, subdivision 10, to any act which constitutes 
 18.28  a violation of section 609.342, 609.343, 609.344, or 609.345.  
 18.29  Sexual abuse also includes any act which involves a minor which 
 18.30  constitutes a violation of sections 609.321 to 609.324 or 
 18.31  617.246.  Sexual abuse includes threatened sexual abuse.  
 18.32     (b) "Person responsible for the child's care" means (1) an 
 18.33  individual functioning within the family unit and having 
 18.34  responsibilities for the care of the child such as a parent, 
 18.35  guardian, or other person having similar care responsibilities, 
 18.36  or (2) an individual functioning outside the family unit and 
 19.1   having responsibilities for the care of the child such as a 
 19.2   teacher, school administrator, or other lawful custodian of a 
 19.3   child having either full-time or short-term care 
 19.4   responsibilities including, but not limited to, day care, 
 19.5   babysitting whether paid or unpaid, counseling, teaching, and 
 19.6   coaching.  
 19.7      (c) "Neglect" means failure by a person responsible for a 
 19.8   child's care to supply a child with necessary food, clothing, 
 19.9   shelter or medical care when reasonably able to do so, failure 
 19.10  to protect a child from conditions or actions which imminently 
 19.11  and seriously endanger the child's physical or mental health 
 19.12  when reasonably able to do so, or failure to take steps to 
 19.13  ensure that a child is educated in accordance with state law. 
 19.14  Nothing in this section shall be construed to mean that a child 
 19.15  is neglected solely because the child's parent, guardian, or 
 19.16  other person responsible for the child's care in good faith 
 19.17  selects and depends upon spiritual means or prayer for treatment 
 19.18  or care of disease or remedial care of the child in lieu of 
 19.19  medical care; except that a parent, guardian, or caretaker, or a 
 19.20  person mandated to report pursuant to subdivision 3, has a duty 
 19.21  to report if a lack of medical care may cause serious danger to 
 19.22  the child's health.  This section does not impose upon persons, 
 19.23  not otherwise legally responsible for providing a child with 
 19.24  necessary food, clothing, shelter, education, or medical care, a 
 19.25  duty to provide that care. Neglect includes prenatal exposure to 
 19.26  a controlled substance, as defined in section 253B.02, 
 19.27  subdivision 2, used by the mother for a nonmedical purpose, as 
 19.28  evidenced by withdrawal symptoms in the child at birth, results 
 19.29  of a toxicology test performed on the mother at delivery or the 
 19.30  child at birth, or medical effects or developmental delays 
 19.31  during the child's first year of life that medically indicate 
 19.32  prenatal exposure to a controlled substance.  Neglect also means 
 19.33  "medical neglect" as defined in section 260.015, subdivision 2a, 
 19.34  clause (5). 
 19.35     (d) "Physical abuse" means any physical or mental injury, 
 19.36  or threatened injury, inflicted by a person responsible for the 
 20.1   child's care on a child other than by accidental means, or any 
 20.2   physical or mental injury that cannot reasonably be explained by 
 20.3   the child's history of injuries, or any aversive and deprivation 
 20.4   procedures that have not been authorized under section 245.825.  
 20.5      (e) "Report" means any report received by the local welfare 
 20.6   agency, police department, or county sheriff pursuant to this 
 20.7   section. 
 20.8      (f) "Facility" means a day care facility, residential 
 20.9   facility, agency, hospital, sanitarium, or other facility or 
 20.10  institution required to be licensed pursuant to sections 144.50 
 20.11  to 144.58, 241.021, or 245A.01 to 245A.16.  
 20.12     (g) "Operator" means an operator or agency as defined in 
 20.13  section 245A.02.  
 20.14     (h) "Commissioner" means the commissioner of human services.
 20.15     (i) "Assessment" includes authority to interview the child, 
 20.16  the person or persons responsible for the child's care, the 
 20.17  alleged perpetrator, and any other person with knowledge of the 
 20.18  abuse or neglect for the purpose of gathering the facts, 
 20.19  assessing the risk to the child, and formulating a plan.  
 20.20     (j) "Practice of social services," for the purposes of 
 20.21  subdivision 3, includes but is not limited to employee 
 20.22  assistance counseling and the provision of guardian ad litem and 
 20.23  visitation expeditor services.  
 20.24     (k) "Mental injury" means an injury to the psychological 
 20.25  capacity or emotional stability of a child as evidenced by an 
 20.26  observable or substantial impairment in the child's ability to 
 20.27  function within a normal range of performance and behavior with 
 20.28  due regard to the child's culture.  
 20.29     (l) "Threatened injury" means a statement, overt act, 
 20.30  condition, or status that represents a substantial risk of 
 20.31  physical or sexual abuse or mental injury. 
 20.32     Sec. 7.  [COOPERATION FOR THE CHILDREN PROGRAM.] 
 20.33     Subdivision 1.  [ESTABLISHMENT; PILOT PROJECT.] By January 
 20.34  1, 1998, the state court administrator shall develop and 
 20.35  implement a cooperation for the children program as a 24-month 
 20.36  pilot project in at least two counties as an effort to promote 
 21.1   parental relationships with children.  The state court 
 21.2   administrator may allow additional counties to participate in 
 21.3   the pilot project if those counties provide their own funding or 
 21.4   if other funding becomes available.  The provisions of Minnesota 
 21.5   Statutes, section 518.1751, subdivision 6, pertaining to 
 21.6   mandatory visitation dispute resolution programs, do not apply 
 21.7   to counties participating in the cooperation for the children 
 21.8   program pilot project. 
 21.9      Subd. 2.  [PARTICIPATION.] (a) Except as provided in this 
 21.10  subdivision, in cases where visitation is the sole issue in 
 21.11  conflict, the person seeking relief in regard to a visitation 
 21.12  dispute must first seek assistance from the cooperation for the 
 21.13  children program before filing with the court or serving upon 
 21.14  the other party a motion requesting a court hearing. 
 21.15     (b) An individual who submits to the program proof that the 
 21.16  person has used, or in good faith has attempted to use, the 
 21.17  services of a visitation expeditor or mediator or other 
 21.18  alternative dispute resolution process to resolve the visitation 
 21.19  dispute may, upon request to the program, be exempted from 
 21.20  mandatory participation in the cooperation for the children 
 21.21  program and the person may seek assistance from the court by 
 21.22  filing a motion requesting a hearing. 
 21.23     (c) In cases where visitation is not the only issue in 
 21.24  conflict, the person seeking relief may either file with the 
 21.25  court a motion seeking resolution of all issues or may seek 
 21.26  resolution of the visitation issue with the cooperation for the 
 21.27  children program and resolution of the other issues with the 
 21.28  court.  In cases where the person seeking relief chooses to 
 21.29  proceed in court, the court may determine whether the 
 21.30  nonvisitation issues are or are not valid.  If the court 
 21.31  determines that the nonvisitation issues are not valid or that 
 21.32  the nonvisitation issues were raised for the purpose of avoiding 
 21.33  participation in the cooperation for the children program, the 
 21.34  court may order the parties to participate in the cooperation 
 21.35  for the children program or may resolve the dispute if both 
 21.36  parties are present. 
 22.1      Subd. 3.  [FEE.] Except as provided in this subdivision, a 
 22.2   person who participates in the cooperation for the children 
 22.3   program shall pay a fee to defray the cost of the program.  A 
 22.4   party who qualifies for waiver of filing fees under Minnesota 
 22.5   Statutes, section 563.01, is exempt from paying the program fee 
 22.6   and the court shall waive the fee or direct its payment under 
 22.7   section 563.01.  Program providers shall implement a sliding fee 
 22.8   scale. 
 22.9      Subd. 4.  [EVALUATION.] By December 15, 1999, the state 
 22.10  court administrator shall submit to the legislature a report 
 22.11  evaluating the cooperation for the children program pilot 
 22.12  project based on at least 12 months of data from the project. 
 22.13     Sec. 8.  [EVALUATION.] 
 22.14     By December 15, 1999, the state court administrator shall 
 22.15  submit to the legislature a report evaluating the parent 
 22.16  education program in Minnesota Statutes, section 518.157, based 
 22.17  on at least 12 months of data from the program. 
 22.18     Sec. 9.  [APPROPRIATIONS.] 
 22.19     Subdivision 1.  [PARENT EDUCATION PROGRAM.] $....... is 
 22.20  appropriated from the general fund to the district courts to 
 22.21  develop and implement one or more parent education programs in 
 22.22  each judicial district.  $....... is appropriated from the 
 22.23  general fund to the state court administrator to evaluate the 
 22.24  parent education program. 
 22.25     Subd. 2.  [COOPERATION FOR THE CHILDREN PROGRAM.] $....... 
 22.26  is appropriated from the general fund to the state court 
 22.27  administrator to implement and evaluate the cooperation for the 
 22.28  children program pilot project. 
 22.29     Subd. 3.  [DURATION.] The appropriations in this section 
 22.30  are available until June 30, 1999. 
 22.31     Sec. 10.  [INSTRUCTION TO THE REVISOR.] 
 22.32     The revisor of statutes shall change the terms "legal 
 22.33  custody" to "parental decision making," "physical custody" to 
 22.34  "residential arrangement," and "visitation" to "parenting time" 
 22.35  or variations of those terms wherever they appear in Minnesota 
 22.36  Statutes and Minnesota Rules.