HF 1076

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; changing absent parent's 
  1.3             liability for child support; adding provisions 
  1.4             relating to recognition of parentage; adding 
  1.5             provisions for administrative proceedings; adding 
  1.6             provisions for child support collection; amending 
  1.7             Minnesota Statutes 1994, sections 256.87, subdivision 
  1.8             5; 257.34, subdivision 1; 257.67, subdivision 1; 
  1.9             257.75, subdivision 3, and by adding a subdivision; 
  1.10            518.5511, subdivisions 1, 2, 3, 4, 5, 7, and 9; 
  1.11            518.611, subdivision 5; 518.64, by adding a 
  1.12            subdivision; and 595.02, subdivision 1; proposing 
  1.13            coding for new law in Minnesota Statutes, chapters 
  1.14            257; and 518; repealing Minnesota Statutes 1994, 
  1.15            section 518.64, subdivision 6. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17                             ARTICLE 1 
  1.18                      RECOGNITION OF PARENTAGE 
  1.19     Section 1.  Minnesota Statutes 1994, section 256.87, 
  1.20  subdivision 5, is amended to read: 
  1.21     Subd. 5.  [CHILD NOT RECEIVING ASSISTANCE.] A person or 
  1.22  entity having physical custody of a dependent child not 
  1.23  receiving assistance under sections 256.031 to 256.0361, and 
  1.24  256.72 to 256.87 has a cause of action for child support against 
  1.25  the child's absent parents.  Upon a motion or notice served on 
  1.26  the absent parent, the court shall order child support payments 
  1.27  from the absent parent under chapter 518.  The absent parent's 
  1.28  liability may include up to the two years immediately preceding 
  1.29  the commencement of the action.  This subdivision applies only 
  1.30  if the person or entity has physical custody with the consent of 
  2.1   a custodial parent or approval of the court.  
  2.2      Sec. 2.  Minnesota Statutes 1994, section 257.34, 
  2.3   subdivision 1, is amended to read: 
  2.4      Subdivision 1.  [ACKNOWLEDGMENT BY PARENTS.] The mother and 
  2.5   father of a child born to a mother who was not married to the 
  2.6   child's father when the child was conceived nor when the child 
  2.7   was born may, in a writing signed by both of them before a 
  2.8   notary public, declare and acknowledge under oath that they are 
  2.9   the biological parents of the child.  The declaration may 
  2.10  provide that any such child born to the mother at any time 
  2.11  before or up to ten months after the date of execution of the 
  2.12  declaration is the biological child of the signatories.  
  2.13  Execution of the declaration shall: 
  2.14     (a) have the same consequences as an acknowledgment by the 
  2.15  signatories of parentage of the child for the purposes of 
  2.16  sections 62A.041 and 62C.14, subdivision 5a; 
  2.17     (b) be conclusive evidence that the signatories are parents 
  2.18  of the child for the purposes of sections 176.111, 197.75, and 
  2.19  197.752; 
  2.20     (c) create a presumption that the signatory is the 
  2.21  biological father of the child for the purposes of sections 
  2.22  257.51 to 257.74; 
  2.23     (d) when timely filed with the division of vital statistics 
  2.24  of the Minnesota department of health as provided in section 
  2.25  259.51, qualify as an affidavit stating the intention of the 
  2.26  signatories to retain parental rights as provided in section 
  2.27  259.51 if it contains the information required by section 259.51 
  2.28  or rules promulgated thereunder; 
  2.29     (e) have the same consequences as a writing declaring 
  2.30  paternity of the child for the purposes of section 524.2-109; 
  2.31  and 
  2.32     (f) be conclusive evidence that the signatories are parents 
  2.33  of the child for the purposes of chapter 573. 
  2.34     Sec. 3.  Minnesota Statutes 1994, section 257.75, 
  2.35  subdivision 3, is amended to read: 
  2.36     Subd. 3.  [EFFECT OF RECOGNITION.] Subject to subdivision 2 
  3.1   and section 257.55, subdivision 1, paragraph (g) or (h), the 
  3.2   recognition has the force and effect of a judgment or order 
  3.3   determining the existence of the parent and child relationship 
  3.4   under section 257.66.  If the conditions in section 257.55, 
  3.5   subdivision 1, paragraph (g) or (h), exist, the recognition 
  3.6   creates only a presumption of paternity for purposes of sections 
  3.7   257.51 to 257.74.  Until an order is entered granting custody to 
  3.8   another, the mother has sole custody.  The recognition is: 
  3.9      (1) a basis for bringing an action to award custody or 
  3.10  visitation rights to either parent, establishing a child support 
  3.11  obligation which may include up to the two years immediately 
  3.12  preceding the commencement of the action, ordering a 
  3.13  contribution by a parent under section 256.87, or ordering a 
  3.14  contribution to the reasonable expenses of the mother's 
  3.15  pregnancy and confinement, as provided under section 257.66, 
  3.16  subdivision 3, or ordering reimbursement for the costs of blood 
  3.17  or genetic testing, as provided under section 257.69, 
  3.18  subdivision 2; 
  3.19     (2) determinative for all other purposes related to the 
  3.20  existence of the parent and child relationship; and 
  3.21     (3) entitled to full faith and credit in other 
  3.22  jurisdictions. 
  3.23     Sec. 4.  Minnesota Statutes 1994, section 257.75, is 
  3.24  amended by adding a subdivision to read: 
  3.25     Subd. 9.  [EXECUTION BY MINOR PARENT.] A recognition of 
  3.26  parentage may be executed by a minor parent.  A recognition of 
  3.27  parentage executed by a minor parent after January 1, 1994, has 
  3.28  the force and effect of a judgment or order determining the 
  3.29  existence of the parent and child relationship under sections 
  3.30  257.66, subject to subdivision 2, and 257.55, subdivision 1, 
  3.31  paragraph (g) or (h). 
  3.32     Sec. 5.  [257.651] [DEFAULT ORDER OF PARENTAGE.] 
  3.33     In an action to determine the existence of the father and 
  3.34  child relationship under sections 257.51 to 257.74, if the 
  3.35  alleged father fails to appear at a hearing after service duly 
  3.36  made and proved, the court shall enter a default judgment or 
  4.1   order of paternity. 
  4.2      Sec. 6.  Minnesota Statutes 1994, section 257.67, 
  4.3   subdivision 1, is amended to read: 
  4.4      Subdivision 1.  If existence of the parent and child 
  4.5   relationship is declared, or parentage or a duty of support has 
  4.6   been acknowledged or adjudicated under sections 257.51 to 257.74 
  4.7   or under prior law, the obligation of the noncustodial parent 
  4.8   may be enforced in the same or other proceedings by the 
  4.9   custodial parent, the child, the public authority that has 
  4.10  furnished or may furnish the reasonable expenses of pregnancy, 
  4.11  confinement, education, support, or funeral, or by any other 
  4.12  person, including a private agency, to the extent that person 
  4.13  has furnished or is furnishing these expenses.  Full faith and 
  4.14  credit shall be given to a determination of paternity made by 
  4.15  another state, whether established through voluntary 
  4.16  acknowledgment or through administrative or judicial processes. 
  4.17     Sec. 7.  [518.255] [PROVISION OF LEGAL SERVICES BY THE 
  4.18  PUBLIC AUTHORITY.] 
  4.19     The provision of services under the child support 
  4.20  enforcement program that includes services by an attorney or an 
  4.21  attorney's representative employed by, under contract to, or 
  4.22  representing the public authority does not create an 
  4.23  attorney-client relationship with any party other than the 
  4.24  public authority.  Attorneys employed by or under contract with 
  4.25  the public authority have an affirmative duty to inform 
  4.26  applicants and recipients of services under the child support 
  4.27  enforcement program that no attorney-client relationship exists 
  4.28  between the attorney and the applicant or recipient.  This 
  4.29  section applies to all legal services provided by the child 
  4.30  support enforcement program.  
  4.31                             ARTICLE 2 
  4.32                      CHILD SUPPORT PROCEDURES 
  4.33     Section 1.  Minnesota Statutes 1994, section 518.5511, 
  4.34  subdivision 1, is amended to read: 
  4.35     Subdivision 1.  [GENERAL.] (a) An administrative process is 
  4.36  established to obtain, modify, and enforce child and medical 
  5.1   support orders and parentage orders and modify maintenance if 
  5.2   combined with a child support proceeding.  All laws governing 
  5.3   these actions apply insofar as they are not inconsistent with 
  5.4   the provisions of this section and section 518.5512.  Wherever 
  5.5   other laws are inconsistent with this section and section 
  5.6   518.5512, the provisions in this section and section 518.5512 
  5.7   shall apply. 
  5.8      (b) All proceedings for obtaining, modifying, or enforcing 
  5.9   child and medical support orders and modifying maintenance 
  5.10  orders if combined with a child support proceeding, are required 
  5.11  to be conducted in the administrative process when the public 
  5.12  authority is a party or provides services to a party or parties 
  5.13  to the proceedings.  At county option, the administrative 
  5.14  process may include contempt motions or actions to establish 
  5.15  parentage.  Nothing contained herein shall prevent a party, upon 
  5.16  timely notice to the public authority, from commencing an action 
  5.17  or bringing a motion for the establishment, modification, or 
  5.18  enforcement of child support or modification of maintenance 
  5.19  orders if combined with a child support proceeding in district 
  5.20  court, if additional issues involving domestic abuse, 
  5.21  establishment or modification of custody or visitation, property 
  5.22  issues, or other issues outside the jurisdiction of the 
  5.23  administrative process, are part of the motion or action, or 
  5.24  from proceeding with a motion or action brought by another party 
  5.25  containing one or more of these issues if it is pending in 
  5.26  district court. 
  5.27     (c) A party may make a written request to the public 
  5.28  authority to initiate an uncontested administrative proceeding.  
  5.29  If the public authority denies the request, the public authority 
  5.30  shall issue a summary order notice which denies the request for 
  5.31  relief, states the reasons for the denial, and notifies the 
  5.32  party of the right to commence an action for relief.  If the 
  5.33  party commences an action or serves and files a motion within 30 
  5.34  days after the public authority's denial and the party's action 
  5.35  results in a modification of a child support order, the 
  5.36  modification may be retroactive to the date the written request 
  6.1   was received by the public authority. 
  6.2      (d) After August 1, 1994, all counties shall participate in 
  6.3   the administrative process established in this section in 
  6.4   accordance with a statewide implementation plan to be set forth 
  6.5   by the commissioner of human services.  No county shall be 
  6.6   required to participate in the administrative process until 
  6.7   after the county has been trained.  The implementation plan 
  6.8   shall include provisions for training the counties by region no 
  6.9   later than July 1, 1995.  
  6.10     (e) For the purpose of the administrative process, all 
  6.11  powers, duties, and responsibilities conferred on judges of 
  6.12  district court to obtain and enforce child and medical support 
  6.13  and parentage and maintenance obligations, subject to the 
  6.14  limitations of this paragraph are conferred on administrative 
  6.15  law judges, including the power to issue subpoenas, orders to 
  6.16  show cause, and bench warrants for failure to appear. 
  6.17     The administrative law judge has the authority to sign 
  6.18  orders dealing with custody and visitation in parentage actions. 
  6.19     Sec. 2.  Minnesota Statutes 1994, section 518.5511, 
  6.20  subdivision 2, is amended to read: 
  6.21     Subd. 2.  [UNCONTESTED ADMINISTRATIVE PROCEEDING.] (a) A 
  6.22  party may petition the chief administrative law judge, the chief 
  6.23  district court judge, or the chief family court referee to 
  6.24  proceed immediately to a contested hearing upon good cause shown.
  6.25     (b) The public authority shall give the parties written 
  6.26  notice requesting the submission of information necessary for 
  6.27  the public authority to prepare a proposed child support order.  
  6.28  The written notice shall be sent by first class mail to the 
  6.29  parties' last known addresses.  The written notice shall 
  6.30  describe the information requested, state the purpose of the 
  6.31  request, state the date by which the information must be 
  6.32  postmarked or received (which shall be at least 30 days from the 
  6.33  date of the mailing of the written notice), state that if the 
  6.34  information is not postmarked or received by that date, the 
  6.35  public authority will prepare a proposed order on the basis of 
  6.36  the information available, and identify the type of information 
  7.1   which will be considered.  
  7.2      (c) Following the submission of information or following 
  7.3   the date when the information was due, the public authority 
  7.4   shall, on the basis of all information available, complete and 
  7.5   sign a proposed child support order and notice.  In preparing 
  7.6   the proposed child support order, the public authority will 
  7.7   establish child support in the highest amount permitted under 
  7.8   section 518.551, subdivision 5.  The proposed order shall 
  7.9   include written findings in accordance with section 518.551, 
  7.10  subdivision 5, clauses (i) and (j).  The notice shall state that 
  7.11  the proposed child support order will be entered as a final and 
  7.12  binding default order unless one of the parties requests a 
  7.13  conference under subdivision 3 within 14 days following the date 
  7.14  of service of the proposed child support order.  The method for 
  7.15  requesting the conference shall be stated in the notice.  The 
  7.16  notice and proposed child support order shall be served under 
  7.17  the rules of civil procedure.  For the purposes of the contested 
  7.18  hearing, and notwithstanding any law or rule to the contrary, 
  7.19  the service of the proposed order pursuant to this paragraph 
  7.20  shall be deemed to have commenced a proceeding and the judge, 
  7.21  including an administrative law judge or a referee, shall have 
  7.22  jurisdiction over the contested hearing.  
  7.23     (d) If a conference under subdivision 3 is not requested by 
  7.24  a party within 14 days after the date of service of the proposed 
  7.25  child support order, the public authority may enter submit the 
  7.26  proposed order as the default order.  The default order 
  7.27  becomes effective 30 days after the date of service of the 
  7.28  notice in paragraph (c) enforceable upon signature by an 
  7.29  administrative law judge.  The public authority may also prepare 
  7.30  and serve a new notice and proposed child support order if new 
  7.31  information is subsequently obtained.  The default child support 
  7.32  order shall be a final order, and shall be served under the 
  7.33  rules of civil procedure. 
  7.34     (e) The public authority shall file in the district court 
  7.35  copies of all notices served on the parties, proof of service, 
  7.36  and all orders.  
  8.1      Sec. 3.  Minnesota Statutes 1994, section 518.5511, 
  8.2   subdivision 3, is amended to read: 
  8.3      Subd. 3.  [ADMINISTRATIVE CONFERENCE.] (a) If a party 
  8.4   requests a conference within 14 days of the date of service of 
  8.5   the proposed order, the public authority shall schedule a 
  8.6   conference, and shall serve written notice of the date, time, 
  8.7   and place of the conference on the parties. 
  8.8      (b) The purpose of the conference is to review all 
  8.9   available information and seek an agreement to enter a consent 
  8.10  child support order.  The notice shall state the purpose of the 
  8.11  conference, and that the proposed child support order will be 
  8.12  entered as a final and binding default order if the requesting 
  8.13  party fails to appear at the conference.  The notice shall be 
  8.14  served on the parties by first class mail at their last known 
  8.15  addresses, and the method of service shall be documented in the 
  8.16  public authority file. 
  8.17     (c) A party alleging domestic abuse by the other party 
  8.18  shall not be required to participate in a conference.  In such a 
  8.19  case, the public authority shall meet separately with the 
  8.20  parties in order to determine whether an agreement can be 
  8.21  reached. 
  8.22     (d) If the party requesting the conference does not appear 
  8.23  and fails to provide a written excuse (with supporting 
  8.24  documentation if relevant) to the public authority within seven 
  8.25  days after the date of the conference which constitutes good 
  8.26  cause, the public authority may enter a default child support 
  8.27  order through the uncontested administrative process.  The 
  8.28  public authority shall not enter the default order until at 
  8.29  least seven days after the date of the conference.  
  8.30     For purposes of this section, misrepresentation, excusable 
  8.31  neglect, or circumstances beyond the control of the person who 
  8.32  requested the conference which prevented the person's appearance 
  8.33  at the conference constitutes good cause for failure to appear.  
  8.34  If the public authority finds good cause, the conference shall 
  8.35  be rescheduled by the public authority and the public authority 
  8.36  shall send notice as required under this subdivision. 
  9.1      (e) If the parties appear at the conference, the public 
  9.2   authority shall seek agreement of the parties to the entry of a 
  9.3   consent child support order which establishes child support in 
  9.4   accordance with applicable law.  The public authority shall 
  9.5   advise the parties that if a consent order is not entered, the 
  9.6   matter will be scheduled for a hearing before an administrative 
  9.7   law judge, or a district court judge or referee, and that the 
  9.8   public authority will seek the establishment of child support at 
  9.9   the hearing in accordance with the highest amount permitted 
  9.10  under section 518.551, subdivision 5.  If an agreement to enter 
  9.11  the consent order is not reached at the conference, the public 
  9.12  authority shall schedule the matter before an administrative law 
  9.13  judge, district court judge, or referee for a contested hearing. 
  9.14     (f) If an agreement is reached by the parties at the 
  9.15  conference, a consent child support order shall be prepared by 
  9.16  the public authority, and shall be signed by the parties.  All 
  9.17  consent and default orders shall be signed by the nonattorney 
  9.18  employee of the public authority and shall be submitted to an 
  9.19  administrative law judge or the district court for 
  9.20  countersignature approval and signature.  The order is effective 
  9.21  enforceable upon the signature by the administrative law 
  9.22  judge or the district court and is retroactive to the date of 
  9.23  signature by the nonattorney employee of the public authority.  
  9.24  The consent order shall be served on the parties under the rules 
  9.25  of civil procedure. 
  9.26     Sec. 4.  Minnesota Statutes 1994, section 518.5511, 
  9.27  subdivision 4, is amended to read: 
  9.28     Subd. 4.  [CONTESTED ADMINISTRATIVE PROCEEDING.] (a) The 
  9.29  commissioner of human services is authorized to designate 
  9.30  counties to use the contested administrative hearing process 
  9.31  based upon federal guidelines for county performance.  The 
  9.32  contested administrative hearing process may also be initiated 
  9.33  upon request of a county board.  The administrative hearing 
  9.34  process shall be implemented in counties designated by the 
  9.35  commissioner.  All counties shall participate in the contested 
  9.36  administrative process established in this section as designated 
 10.1   in a statewide implementation plan to be set forth by the 
 10.2   commissioner of human services.  No county shall be required to 
 10.3   participate in the contested administrative process until after 
 10.4   the county has been trained.  The contested administrative 
 10.5   process shall be in operation in all counties no later than July 
 10.6   1, 1996, with the exception of Hennepin county which shall have 
 10.7   a pilot program in operation no later than July 1, 1996.  
 10.8      The Hennepin county pilot program shall be jointly planned, 
 10.9   implemented, and evaluated by the department of human services, 
 10.10  the office of administrative hearings, and Hennepin county.  The 
 10.11  pilot program shall provide that one-half of the case load, 
 10.12  including parentage cases, use the contested administrative 
 10.13  process.  The pilot program shall include an evaluation which 
 10.14  shall be conducted after one year of program operation.  A 
 10.15  preliminary evaluation report shall be submitted to the 
 10.16  legislature by March 1, 1997.  A final evaluation report shall 
 10.17  be submitted to the legislature by January 1, 1998.  The pilot 
 10.18  program shall continue pending final decision by the legislature.
 10.19     In counties designated by the commissioner, contested 
 10.20  hearings required under this section shall be scheduled before 
 10.21  administrative law judges, and shall be conducted in accordance 
 10.22  with the provisions under this section.  In counties not 
 10.23  designated by the commissioner, contested hearings shall be 
 10.24  conducted in district court in accordance with the rules of 
 10.25  civil procedure and the rules of family court. 
 10.26     (b) An administrative law judge may conduct hearings and 
 10.27  approve a stipulation reached on a contempt motion brought by 
 10.28  the public authority.  Any stipulation that involves a finding 
 10.29  of contempt and a jail sentence, whether stayed or imposed, 
 10.30  shall require the review and signature of a district court judge.
 10.31     (c) For the purpose of this process, all powers, duties, 
 10.32  and responsibilities conferred on judges of the district court 
 10.33  to obtain and enforce child and medical support and maintenance 
 10.34  obligations, subject to the limitation set forth herein, are 
 10.35  conferred on the administrative law judge conducting the 
 10.36  proceedings, including the power to issue subpoenas, to issue 
 11.1   orders to show cause, and to issue bench warrants for failure to 
 11.2   appear.  A party, witness, or attorney may appear or testify by 
 11.3   telephone, audiovisual means, or other electronic means, at the 
 11.4   discretion of the administrative law judge. 
 11.5      (d) Before implementing the process in a county, the chief 
 11.6   administrative law judge, the commissioner of human services, 
 11.7   the director of the county human services agency, the county 
 11.8   attorney, the county court administrator, and the county sheriff 
 11.9   shall jointly establish procedures, and the county shall provide 
 11.10  hearing facilities for implementing this process in the county.  
 11.11  A contested administrative hearing shall be conducted in a 
 11.12  courtroom, if one is available, or a conference or meeting room 
 11.13  with at least two exits and of sufficient size to permit 
 11.14  adequate physical separation of the parties.  Security personnel 
 11.15  shall either be present during the administrative hearings, or 
 11.16  be available to respond to a request for emergency assistance.  
 11.17     (e) The contested administrative hearings shall be 
 11.18  conducted under the rules of the office of administrative 
 11.19  hearings, Minnesota Rules, parts 1400.5272, 1400.5500, 1400.6000 
 11.20  to 1400.6400, 1400.6600 to 1400.7000, 1400.7100 to 1400.7500, 
 11.21  1400.7700, and 1400.7800, 1400.8100, and 1400.8300 as adopted by 
 11.22  the chief administrative law judge.  
 11.23     After the issuance of a summary notice pursuant to section 
 11.24  518.5511, subdivision 1, paragraph (c), service of documents on 
 11.25  the local public authority is sufficient service when the 
 11.26  address of the recipient of IV-D services is unknown to the 
 11.27  other party.  The public authority shall forward the documents 
 11.28  to the IV-D recipient.  The administrative procedure act, under 
 11.29  Minnesota Rules, part 1400.8300, for reconsideration or 
 11.30  rehearing, will be used in lieu of Rules 52, 59, and 60 of the 
 11.31  Minnesota Rules of Civil Procedure and section 518.145, 
 11.32  subdivision 2.  For matters not initiated through an uncontested 
 11.33  administrative proceeding, documents from the moving party shall 
 11.34  be served and filed at least 14 days prior to the hearing and 
 11.35  the opposing party shall serve and file documents raising new 
 11.36  issues at least ten days prior to the hearing.  In all contested 
 12.1   administrative proceedings, the administrative law judge may 
 12.2   limit the extent and timing of discovery.  Except as provided 
 12.3   under this section, other aspects of the case, including, but 
 12.4   not limited to, pleadings, discovery, and motions, shall be 
 12.5   conducted under the rules of family court, the rules of civil 
 12.6   procedure, and chapter 518.  
 12.7      (f) Pursuant to a contested administrative hearing, the 
 12.8   administrative law judge shall make findings of fact, 
 12.9   conclusions, and a final decision and issue an order.  Orders 
 12.10  issued by an administrative law judge may be enforceable by the 
 12.11  contempt powers of the district courts.  
 12.12     (g) At the time the matter is scheduled for a contested 
 12.13  hearing, the public authority shall file in the district court 
 12.14  copies of all relevant documents sent to or received from the 
 12.15  parties, in addition to the documents filed under subdivision 2, 
 12.16  paragraph (e).  For matters scheduled for a contested hearing 
 12.17  which were not initiated through an uncontested administrative 
 12.18  proceeding, the public authority shall obtain any income 
 12.19  information available to the public authority through the 
 12.20  department of economic security and serve this information on 
 12.21  all parties and file the information with the court at least 
 12.22  five days prior to the hearing. 
 12.23     (h) The decision and order of the administrative law judge 
 12.24  is appealable to the court of appeals in the same manner as a 
 12.25  decision of the district court.  
 12.26     Sec. 5.  Minnesota Statutes 1994, section 518.5511, 
 12.27  subdivision 5, is amended to read: 
 12.28     Subd. 5.  [NONATTORNEY AUTHORITY.] Nonattorney employees of 
 12.29  the public authority responsible for child support may prepare, 
 12.30  sign, serve, and file complaints, motions, notices, summary 
 12.31  orders notices, proposed orders, default orders, and consent 
 12.32  orders for obtaining, modifying, or enforcing child and medical 
 12.33  support orders, orders establishing paternity, and related 
 12.34  documents, and orders to modify maintenance if combined with a 
 12.35  child support order.  The nonattorney may also conduct 
 12.36  prehearing conferences, and participate in proceedings before an 
 13.1   administrative law judge.  This activity shall not be considered 
 13.2   to be the unauthorized practice of law.  Nonattorney employees 
 13.3   may not represent the interests of any party other than the 
 13.4   public authority, and may not give legal advice to any party. 
 13.5      Sec. 6.  Minnesota Statutes 1994, section 518.5511, 
 13.6   subdivision 7, is amended to read: 
 13.7      Subd. 7.  [PUBLIC AUTHORITY LEGAL ADVISOR.] At all stages 
 13.8   of the administrative process prior to the contested hearing, 
 13.9   the county attorney, or other attorney under contract, shall act 
 13.10  as the legal advisor for the public authority, but shall not 
 13.11  play an active role in the review of information and, the 
 13.12  preparation of default and consent orders, and the contested 
 13.13  hearings unless the nonattorney employee of the public authority 
 13.14  requests the appearance of the county attorney. 
 13.15     Sec. 7.  Minnesota Statutes 1994, section 518.5511, 
 13.16  subdivision 9, is amended to read: 
 13.17     Subd. 9.  [TRAINING AND RESTRUCTURING.] (a) The 
 13.18  commissioner of human services, in consultation with the office 
 13.19  of administrative hearings, shall be responsible for the 
 13.20  supervision of the administrative process.  The commissioner of 
 13.21  human services shall provide training to child support officers 
 13.22  and other employees of the public authority persons involved in 
 13.23  the administrative process.  The commissioner of human services 
 13.24  shall prepare simple and easy to understand forms for all 
 13.25  notices and orders prescribed in this subdivision, and the 
 13.26  public authority shall use them.  
 13.27     (b) The office of administrative hearings services shall be 
 13.28  responsible for training and monitoring the performance of 
 13.29  administrative law judges, maintaining records of proceedings, 
 13.30  providing transcripts upon request, and maintaining the 
 13.31  integrity of the district court file. 
 13.32     Sec. 8.  [518.5512] [ADMINISTRATIVE PROCEDURES FOR CHILD 
 13.33  AND MEDICAL SUPPORT ORDERS AND PARENTAGE ORDERS.] 
 13.34     Subdivision 1.  [GENERAL.] The provisions of this section 
 13.35  apply to actions conducted in the administrative process 
 13.36  pursuant to section 518.5511. 
 14.1      Subd. 2.  [PATERNITY.] (a) A nonattorney employee of the 
 14.2   public authority may order the child, mother, or alleged father 
 14.3   to submit to blood or genetic tests.  The order is fully 
 14.4   effective without signature of an administrative law judge or 
 14.5   the district court.  Failure to comply with the order for blood 
 14.6   or genetic tests may result in a default determination of 
 14.7   parentage.  
 14.8      (b) No party shall proceed to a hearing in which the issue 
 14.9   of parentage is contested unless genetic tests have been 
 14.10  performed and returned from a testing laboratory that is 
 14.11  accredited as provided in section 257.62, subdivision 5.  If 
 14.12  parentage is contested at the administrative hearing, the 
 14.13  administrative law judge may order temporary child support under 
 14.14  section 257.62, subdivision 5, and shall refer the case to the 
 14.15  district court. 
 14.16     (c) The district court may appoint counsel for an indigent 
 14.17  alleged father only after the return of the genetic test results 
 14.18  from the testing laboratory. 
 14.19     Subd. 3.  [COST OF LIVING ADJUSTMENT.] The notice of 
 14.20  application for adjustment shall be treated as a proposed order 
 14.21  under section 518.5511, subdivision 2, paragraph (c).  The 
 14.22  public authority shall stay the adjustment of support upon 
 14.23  receipt of a request for an administrative conference.  An 
 14.24  obligor requesting an administrative conference shall provide 
 14.25  all relevant information that establishes an insufficient 
 14.26  increase in income to justify the adjustment of the support 
 14.27  obligation.  If the obligor fails to submit any evidence at the 
 14.28  administrative conference, the cost-of-living adjustment will 
 14.29  immediately go into effect.  
 14.30                             ARTICLE 3 
 14.31                      CHILD SUPPORT COLLECTION 
 14.32     Section 1.  Minnesota Statutes 1994, section 518.611, 
 14.33  subdivision 5, is amended to read: 
 14.34     Subd. 5.  [ARREARAGE ORDER.] Nothing in this section shall 
 14.35  prevent the court from ordering the payor of funds to withhold 
 14.36  amounts to satisfy the obligor's previous arrearage in child 
 15.1   support or maintenance payments, the obligor's liability 
 15.2   for reimbursement of child support or of AFDC pursuant to 
 15.3   sections 256.87 and 257.66, for pregnancy and confinement 
 15.4   expenses and for blood test costs, and any service fees that may 
 15.5   be imposed under section 518.551.  This remedy shall not operate 
 15.6   to exclude availability of other remedies to enforce judgments. 
 15.7      Sec. 2.  Minnesota Statutes 1994, section 518.64, is 
 15.8   amended by adding a subdivision to read: 
 15.9      Subd. 4a.  [AUTOMATIC TERMINATION OF SUPPORT.] (a) Unless a 
 15.10  court order provides otherwise, a child support obligation in a 
 15.11  specific amount terminates automatically and without any action 
 15.12  by the obligor to reduce, modify, or terminate the order upon 
 15.13  the emancipation of the child as provided under section 518.54, 
 15.14  subdivision 2. 
 15.15     (b) Unless a court order provides otherwise, a child 
 15.16  support obligation for two or more children shall not terminate 
 15.17  until the last child for whose benefit the order was made 
 15.18  emancipates as provided under section 518.54, subdivision 2. 
 15.19     (c) The obligor may request a modification of his or her 
 15.20  child support order upon the emancipation of a child if there 
 15.21  are still minor children under the order.  The child support 
 15.22  obligation shall be determined based on the income of the 
 15.23  parties at the time the modification is sought. 
 15.24     Sec. 3.  Minnesota Statutes 1994, section 595.02, 
 15.25  subdivision 1, is amended to read: 
 15.26     Subdivision 1.  [COMPETENCY OF WITNESSES.] Every person of 
 15.27  sufficient understanding, including a party, may testify in any 
 15.28  action or proceeding, civil or criminal, in court or before any 
 15.29  person who has authority to receive evidence, except as provided 
 15.30  in this subdivision: 
 15.31     (a) A husband cannot be examined for or against his wife 
 15.32  without her consent, nor a wife for or against her husband 
 15.33  without his consent, nor can either, during the marriage or 
 15.34  afterwards, without the consent of the other, be examined as to 
 15.35  any communication made by one to the other during the marriage. 
 15.36  This exception does not apply to a civil action or proceeding by 
 16.1   one against the other, nor to a criminal action or proceeding 
 16.2   for a crime committed by one against the other or against a 
 16.3   child of either or against a child under the care of either 
 16.4   spouse, nor to a criminal action or proceeding in which one is 
 16.5   charged with homicide or an attempt to commit homicide and the 
 16.6   date of the marriage of the defendant is subsequent to the date 
 16.7   of the offense, nor to an action or proceeding for nonsupport, 
 16.8   neglect, dependency, or termination of parental rights.  
 16.9      (b) An attorney cannot, without the consent of the 
 16.10  attorney's client, be examined as to any communication made by 
 16.11  the client to the attorney or the attorney's advice given 
 16.12  thereon in the course of professional duty; nor can any employee 
 16.13  of the attorney be examined as to the communication or advice, 
 16.14  without the client's consent.  
 16.15     (c) A member of the clergy or other minister of any 
 16.16  religion shall not, without the consent of the party making the 
 16.17  confession, be allowed to disclose a confession made to the 
 16.18  member of the clergy or other minister in a professional 
 16.19  character, in the course of discipline enjoined by the rules or 
 16.20  practice of the religious body to which the member of the clergy 
 16.21  or other minister belongs; nor shall a member of the clergy or 
 16.22  other minister of any religion be examined as to any 
 16.23  communication made to the member of the clergy or other minister 
 16.24  by any person seeking religious or spiritual advice, aid, or 
 16.25  comfort or advice given thereon in the course of the member of 
 16.26  the clergy's or other minister's professional character, without 
 16.27  the consent of the person.  
 16.28     (d) A licensed physician or surgeon, dentist, or 
 16.29  chiropractor shall not, without the consent of the patient, be 
 16.30  allowed to disclose any information or any opinion based thereon 
 16.31  which the professional acquired in attending the patient in a 
 16.32  professional capacity, and which was necessary to enable the 
 16.33  professional to act in that capacity; after the decease of the 
 16.34  patient, in an action to recover insurance benefits, where the 
 16.35  insurance has been in existence two years or more, the 
 16.36  beneficiaries shall be deemed to be the personal representatives 
 17.1   of the deceased person for the purpose of waiving this 
 17.2   privilege, and no oral or written waiver of the privilege shall 
 17.3   have any binding force or effect except when made upon the trial 
 17.4   or examination where the evidence is offered or received.  
 17.5      (e) A public officer shall not be allowed to disclose 
 17.6   communications made to the officer in official confidence when 
 17.7   the public interest would suffer by the disclosure.  
 17.8      (f) Persons of unsound mind and persons intoxicated at the 
 17.9   time of their production for examination are not competent 
 17.10  witnesses if they lack capacity to remember or to relate 
 17.11  truthfully facts respecting which they are examined. 
 17.12     (g) A registered nurse, psychologist, consulting 
 17.13  psychologist, or licensed social worker engaged in a 
 17.14  psychological or social assessment or treatment of an individual 
 17.15  at the individual's request shall not, without the consent of 
 17.16  the professional's client, be allowed to disclose any 
 17.17  information or opinion based thereon which the professional has 
 17.18  acquired in attending the client in a professional capacity, and 
 17.19  which was necessary to enable the professional to act in that 
 17.20  capacity.  Nothing in this clause exempts licensed social 
 17.21  workers from compliance with the provisions of sections 626.556 
 17.22  and 626.557.  
 17.23     (h) An interpreter for a person handicapped in 
 17.24  communication shall not, without the consent of the person, be 
 17.25  allowed to disclose any communication if the communication 
 17.26  would, if the interpreter were not present, be privileged.  For 
 17.27  purposes of this section, a "person handicapped in 
 17.28  communication" means a person who, because of a hearing, speech 
 17.29  or other communication disorder, or because of the inability to 
 17.30  speak or comprehend the English language, is unable to 
 17.31  understand the proceedings in which the person is required to 
 17.32  participate.  The presence of an interpreter as an aid to 
 17.33  communication does not destroy an otherwise existing privilege. 
 17.34     (i) Licensed chemical dependency counselors shall not 
 17.35  disclose information or an opinion based on the information 
 17.36  which they acquire from persons consulting them in their 
 18.1   professional capacities, and which was necessary to enable them 
 18.2   to act in that capacity, except that they may do so:  
 18.3      (1) when informed consent has been obtained in writing, 
 18.4   except in those circumstances in which not to do so would 
 18.5   violate the law or would result in clear and imminent danger to 
 18.6   the client or others; 
 18.7      (2) when the communications reveal the contemplation or 
 18.8   ongoing commission of a crime; or 
 18.9      (3) when the consulting person waives the privilege by 
 18.10  bringing suit or filing charges against the licensed 
 18.11  professional whom that person consulted.  
 18.12     (j) A parent or the parent's minor child may not be 
 18.13  examined as to any communication made in confidence by the minor 
 18.14  to the minor's parent.  A communication is confidential if made 
 18.15  out of the presence of persons not members of the child's 
 18.16  immediate family living in the same household.  This exception 
 18.17  may be waived by express consent to disclosure by a parent 
 18.18  entitled to claim the privilege or by the child who made the 
 18.19  communication or by failure of the child or parent to object 
 18.20  when the contents of a communication are demanded.  This 
 18.21  exception does not apply to a civil action or proceeding by one 
 18.22  spouse against the other or by a parent or child against the 
 18.23  other, nor to a proceeding to commit either the child or parent 
 18.24  to whom the communication was made or to place the person or 
 18.25  property or either under the control of another because of an 
 18.26  alleged mental or physical condition, nor to a criminal action 
 18.27  or proceeding in which the parent is charged with a crime 
 18.28  committed against the person or property of the communicating 
 18.29  child, the parent's spouse, or a child of either the parent or 
 18.30  the parent's spouse, or in which a child is charged with a crime 
 18.31  or act of delinquency committed against the person or property 
 18.32  of a parent or a child of a parent, nor to an action or 
 18.33  proceeding for termination of parental rights, nor any other 
 18.34  action or proceeding on a petition alleging child abuse, child 
 18.35  neglect, abandonment or nonsupport by a parent.  
 18.36     (k) Sexual assault counselors may not be compelled to 
 19.1   testify about any opinion or information received from or about 
 19.2   the victim without the consent of the victim.  However, a 
 19.3   counselor may be compelled to identify or disclose information 
 19.4   in investigations or proceedings related to neglect or 
 19.5   termination of parental rights if the court determines good 
 19.6   cause exists.  In determining whether to compel disclosure, the 
 19.7   court shall weigh the public interest and need for disclosure 
 19.8   against the effect on the victim, the treatment relationship, 
 19.9   and the treatment services if disclosure occurs.  Nothing in 
 19.10  this clause exempts sexual assault counselors from compliance 
 19.11  with the provisions of sections 626.556 and 626.557.  
 19.12     "Sexual assault counselor" for the purpose of this section 
 19.13  means a person who has undergone at least 40 hours of crisis 
 19.14  counseling training and works under the direction of a 
 19.15  supervisor in a crisis center, whose primary purpose is to 
 19.16  render advice, counseling, or assistance to victims of sexual 
 19.17  assault.  
 19.18     (l) A person cannot be examined as to any communication or 
 19.19  document, including worknotes, made or used in the course of or 
 19.20  because of mediation pursuant to an agreement to mediate.  This 
 19.21  does not apply to the parties in the dispute in an application 
 19.22  to a court by a party to have a mediated settlement agreement 
 19.23  set aside or reformed.  A communication or document otherwise 
 19.24  not privileged does not become privileged because of this 
 19.25  paragraph.  This paragraph is not intended to limit the 
 19.26  privilege accorded to communication during mediation by the 
 19.27  common law. 
 19.28     (m) A child under ten years of age is a competent witness 
 19.29  unless the court finds that the child lacks the capacity to 
 19.30  remember or to relate truthfully facts respecting which the 
 19.31  child is examined.  A child describing any act or event may use 
 19.32  language appropriate for a child of that age. 
 19.33     (n) A communication assistant for a telecommunications 
 19.34  relay system for communication-impaired persons shall not, 
 19.35  without the consent of the person making the communication, be 
 19.36  allowed to disclose communications made to the communication 
 20.1   assistant for the purpose of relaying. 
 20.2      (o) An attorney employed by, under contract to, or 
 20.3   representing a public authority in connection with a child 
 20.4   support enforcement program cannot, without the consent of an 
 20.5   individual receiving child support services, be examined about 
 20.6   any communication made by the individual recipient to the 
 20.7   attorney, or communications made by the attorney to the 
 20.8   individual recipient in the course of the attorney's 
 20.9   representation of the public authority in connection with a 
 20.10  child support enforcement program; nor can an employee of the 
 20.11  attorney be examined as to the communication, without the 
 20.12  consent of the individual recipient of child support enforcement 
 20.13  services.  
 20.14     Sec. 4.  [REPEALER.] 
 20.15     Minnesota Statutes 1994, section 518.64, subdivision 6, is 
 20.16  repealed. 
 20.17     Sec. 5.  [EFFECTIVE DATE.] 
 20.18     This act is effective August 1, 1995.