HF 1436

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/10/2021 12:44pm

A bill for an act
relating to human services; modifying child support provisions; amending
Minnesota Statutes 2020, section 256.741, by adding subdivisions; proposing
coding for new law in Minnesota Statutes, chapter 518A.

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

Section 1.

Minnesota Statutes 2020, section 256.741, is amended by adding a subdivision
to read:

new text begin Subd. 12a. new text end

new text begin Appeals of good cause determinations. new text end

new text begin According to section 256.045, an
individual may appeal the determination or redetermination of good cause under this section.
To initiate an appeal of a good cause determination or redetermination, the individual must
make a request for a state agency hearing in writing within 30 calendar days after the date
that a notice of denial for good cause is mailed or otherwise transmitted to the individual.
Until a human services judge issues a decision under section 256.0451, subdivision 22, the
child support agency shall cease all child support enforcement efforts and shall not report
the individual's noncooperation to public assistance agencies.
new text end

Sec. 2.

Minnesota Statutes 2020, section 256.741, is amended by adding a subdivision to
read:

new text begin Subd. 12b. new text end

new text begin Reporting noncooperation. new text end

new text begin The public authority may issue a notice of the
individual's noncooperation to each public assistance agency providing public assistance
to the individual if:
new text end

new text begin (1) 30 calendar days have passed since the later of the initial county denial or the date
of the denial following the state agency hearing; or
new text end

new text begin (2) the individual has not cooperated with the child support agency as required in
subdivision 5.
new text end

Sec. 3.

new text begin [518A.80] MOTION TO TRANSFER TO TRIBAL COURT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms defined in this
subdivision have the meanings given.
new text end

new text begin (b) "Case participant" means a person who is a party to the case.
new text end

new text begin (c) "District court" means a district court of the state of Minnesota.
new text end

new text begin (d) "Party" means a person or entity named or admitted as a party or seeking to be
admitted as a party in the district court action, including the county IV-D agency, regardless
of whether the person or entity is named in the caption.
new text end

new text begin (e) "Tribal court" means a tribal court of a federally recognized Indian tribe located in
Minnesota that is receiving funding from the federal government to operate a child support
program under United States Code, title 42, chapter 7, subchapter IV, part D, sections 654
to 669b.
new text end

new text begin (f) "Tribal IV-D agency" has the meaning given in Code of Federal Regulations, title
45, part 309.05.
new text end

new text begin (g) "Title IV-D child support case" has the meaning given in section 518A.26, subdivision
10.
new text end

new text begin Subd. 2. new text end

new text begin Actions eligible for transfer. new text end

new text begin Under this section, a postjudgment child support,
custody, or parenting time action is eligible for transfer to a tribal court. This section does
not apply to a child protection action or a dissolution action involving a child.
new text end

new text begin Subd. 3. new text end

new text begin Motion to transfer. new text end

new text begin (a) A party's or tribal IV-D agency's motion to transfer a
child support, custody, or parenting time action to a tribal court shall include:
new text end

new text begin (1) the address of each case participant;
new text end

new text begin (2) the tribal affiliation of each case participant, if applicable;
new text end

new text begin (3) the name, tribal affiliation if applicable, and date of birth of each living minor or
dependent child of a case participant who is subject to the action; and
new text end

new text begin (4) the legal and factual basis for the court to find that the district court and a tribal court
have concurrent jurisdiction in the case.
new text end

new text begin (b) A party or tribal IV-D agency bringing a motion to transfer a child support, custody,
or parenting time action to a tribal court must file the motion with the district court and
serve the required documents on each party and the tribal IV-D agency, regardless of whether
the tribal IV-D agency is a party to the action.
new text end

new text begin (c) A party's or tribal IV-D agency's motion to transfer a child support, custody, or
parenting time action to a tribal court must be accompanied by an affidavit setting forth
facts in support of the motion.
new text end

new text begin (d) When a party other than the tribal IV-D agency has filed a motion to transfer a child
support, custody, or parenting time action to a tribal court, an affidavit of the tribal IV-D
agency stating whether the tribal IV-D agency provides services to a party must be filed
and served on each party within 15 days from the date of service of the motion to transfer
the action.
new text end

new text begin Subd. 4. new text end

new text begin Order to transfer to tribal court. new text end

new text begin (a) Unless a district court holds a hearing
under subdivision 6, upon motion of a party or a tribal IV-D agency, a district court must
transfer a postjudgment child support, custody, or parenting time action to a tribal court
when the district court finds that:
new text end

new text begin (1) the district court and tribal court have concurrent jurisdiction of the action;
new text end

new text begin (2) a case participant in the action is receiving services from the tribal IV-D agency; and
new text end

new text begin (3) no party or tribal IV-D agency files and serves a timely objection to transferring the
action to a tribal court.
new text end

new text begin (b) When the district court finds that each requirement of this subdivision is satisfied,
the district court is not required to hold a hearing on the motion to transfer the action to a
tribal court. The district court's order transferring the action to a tribal court must include
written findings that describe how each requirement of this subdivision is met.
new text end

new text begin Subd. 5. new text end

new text begin Objection to motion to transfer. new text end

new text begin (a) To object to a motion to transfer a child
support, custody, or parenting time action to a tribal court, a party or tribal IV-D agency
must file with the court and serve on each party and the tribal IV-D agency a responsive
motion objecting to the motion to transfer within 30 days of the motion to transfer's date of
service.
new text end

new text begin (b) If a party or tribal IV-D agency files with the district court and properly serves a
timely objection to the motion to transfer a child support, custody, or parenting time action
to a tribal court, the district court must hold a hearing on the motion.
new text end

new text begin Subd. 6. new text end

new text begin Hearing. new text end

new text begin If a district court holds a hearing under this section, the district court
must evaluate and make written findings about all relevant factors, including:
new text end

new text begin (1) whether an issue requires interpretation of tribal law, including the tribal constitution,
statutes, bylaws, ordinances, resolutions, treaties, or case law;
new text end

new text begin (2) whether the action involves tribal traditional or cultural matters;
new text end

new text begin (3) whether the tribe is a party to the action;
new text end

new text begin (4) whether tribal sovereignty, jurisdiction, or territory is an issue in the action;
new text end

new text begin (5) the tribal membership status of each case participant in the action;
new text end

new text begin (6) where the claim arises that forms the basis of the action;
new text end

new text begin (7) the location of the residence of each case participant in the action and each child
who is a subject of the action;
new text end

new text begin (8) whether the parties have by contract chosen a forum or the law to be applied in the
event of a dispute;
new text end

new text begin (9) the timing of any motion to transfer the action to a tribal court, each party's
expenditure of time and resources, the court's expenditure of time and resources, and the
district court's scheduling order;
new text end

new text begin (10) which court will hear and decide the action more expeditiously;
new text end

new text begin (11) the burden on each party if the court transfers the action to a tribal court, including
costs, access to and admissibility of evidence, and matters of procedure; and
new text end

new text begin (12) any other factor that the court determines to be relevant.
new text end

new text begin Subd. 7. new text end

new text begin Future exercise of jurisdiction. new text end

new text begin Nothing in this section shall be construed to
limit the district court's exercise of jurisdiction when the tribal court waives jurisdiction,
transfers the action back to district court, or otherwise declines to exercise jurisdiction over
the action.
new text end

new text begin Subd. 8. new text end

new text begin Transfer to Red Lake Nation Tribal Court. new text end

new text begin When a party or tribal IV-D
agency brings a motion to transfer a child support, custody, or parenting time action to the
Red Lake Nation Tribal Court, the court must transfer the action to the Red Lake Nation
Tribal Court if the case participants and child resided within the boundaries of the Red Lake
Reservation for six months preceding the motion to transfer the action to the Red Lake
Nation Tribal Court.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end