HF 2642

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to family law; requiring certain parent 
  1.3             education programs; requiring a notice; amending 
  1.4             Minnesota Statutes 2002, sections 518.091; 518.157, 
  1.5             subdivision 3. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 518.091, is 
  1.8   amended to read: 
  1.9      518.091 [SUMMONS; TEMPORARY RESTRAINING PROVISIONS; NOTICE 
  1.10  REGARDING PARENT EDUCATION PROGRAM REQUIREMENTS.] 
  1.11     Subdivision 1.  [TEMPORARY RESTRAINING ORDERS.] (a) Every 
  1.12  summons must include the notice in this paragraph subdivision. 
  1.13      NOTICE OF TEMPORARY RESTRAINING AND ALTERNATIVE DISPUTE 
  1.14                       RESOLUTION PROVISIONS 
  1.15     UNDER MINNESOTA LAW, SERVICE OF THIS SUMMONS MAKES THE 
  1.16  FOLLOWING REQUIREMENTS APPLY TO BOTH PARTIES TO THIS ACTION, 
  1.17  UNLESS THEY ARE MODIFIED BY THE COURT OR THE PROCEEDING IS 
  1.18  DISMISSED: 
  1.19     (1) NEITHER PARTY MAY DISPOSE OF ANY ASSETS EXCEPT (i) FOR 
  1.20  THE NECESSITIES OF LIFE OR FOR THE NECESSARY GENERATION OF 
  1.21  INCOME OR PRESERVATION OF ASSETS, (ii) BY AN AGREEMENT IN 
  1.22  WRITING, OR (iii) FOR RETAINING COUNSEL TO CARRY ON OR TO 
  1.23  CONTEST THIS PROCEEDING; 
  1.24     (2) NEITHER PARTY MAY HARASS THE OTHER PARTY; AND 
  1.25     (3) ALL CURRENTLY AVAILABLE INSURANCE COVERAGE MUST BE 
  2.1   MAINTAINED AND CONTINUED WITHOUT CHANGE IN COVERAGE OR 
  2.2   BENEFICIARY DESIGNATION. 
  2.3      IF YOU VIOLATE ANY OF THESE PROVISIONS, YOU WILL BE SUBJECT 
  2.4   TO SANCTIONS BY THE COURT.  
  2.5      (4) PARTIES TO A MARRIAGE DISSOLUTION PROCEEDING ARE 
  2.6   ENCOURAGED TO ATTEMPT ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO 
  2.7   MINNESOTA LAW.  ALTERNATIVE DISPUTE RESOLUTION INCLUDES 
  2.8   MEDIATION, ARBITRATION, AND OTHER PROCESSES AS SET FORTH IN THE 
  2.9   DISTRICT COURT RULES.  YOU MAY CONTACT THE COURT ADMINISTRATOR 
  2.10  ABOUT RESOURCES IN YOUR AREA.  IF YOU CANNOT PAY FOR MEDIATION 
  2.11  OR ALTERNATIVE DISPUTE RESOLUTION, IN SOME COUNTIES, ASSISTANCE 
  2.12  MAY BE AVAILABLE TO YOU THROUGH A NONPROFIT PROVIDER OR A COURT 
  2.13  PROGRAM.  IF YOU ARE A VICTIM OF DOMESTIC ABUSE OR THREATS OF 
  2.14  ABUSE AS DEFINED IN MINNESOTA STATUTES, CHAPTER 518B, YOU ARE 
  2.15  NOT REQUIRED TO TRY MEDIATION AND YOU WILL NOT BE PENALIZED BY 
  2.16  THE COURT IN LATER PROCEEDINGS.  
  2.17     (b) Upon service of the summons, the restraining provisions 
  2.18  contained in the notice apply by operation of law upon both 
  2.19  parties until modified by further order of the court or 
  2.20  dismissal of the proceeding, unless more than one year has 
  2.21  passed since the last document was filed with the court. 
  2.22     Subd. 2.  [PARENT EDUCATION PROGRAM REQUIREMENTS.] Every 
  2.23  summons involving custody or parenting time of a minor child 
  2.24  must include the notice in this subdivision.  
  2.25         NOTICE OF PARENT EDUCATION PROGRAM REQUIREMENTS
  2.26     UNDER MINNESOTA STATUTES, SECTION 518.157, IN A CONTESTED 
  2.27  PROCEEDING INVOLVING CUSTODY OR PARENTING TIME OF A MINOR CHILD, 
  2.28  THE PARTIES MUST BEGIN PARTICIPATION IN A PARENT EDUCATION 
  2.29  PROGRAM THAT MEETS MINIMUM STANDARDS PROMULGATED BY THE 
  2.30  MINNESOTA SUPREME COURT WITHIN 30 DAYS AFTER THE FIRST FILING 
  2.31  WITH THE COURT.  IN SOME DISTRICTS, PARENTING EDUCATION MAY BE 
  2.32  REQUIRED IN ALL CUSTODY OR PARENTING PROCEEDINGS.  YOU MAY 
  2.33  CONTACT THE DISTRICT COURT ADMINISTRATOR FOR ADDITIONAL 
  2.34  INFORMATION REGARDING THIS REQUIREMENT AND THE AVAILABILITY OF 
  2.35  PARENT EDUCATION PROGRAMS. 
  2.36     Sec. 2.  Minnesota Statutes 2002, section 518.157, 
  3.1   subdivision 3, is amended to read: 
  3.2      Subd. 3.  [ATTENDANCE.] In a proceeding under this chapter 
  3.3   or sections 257.51 to 257.75 where custody or parenting time is 
  3.4   contested, the parents of a minor child shall attend a minimum 
  3.5   of eight hours in an orientation and education program that 
  3.6   meets the minimum standards promulgated by the Minnesota Supreme 
  3.7   Court.  In all other proceedings involving custody, support, or 
  3.8   parenting time the court may order the parents of a minor child 
  3.9   to attend a parent education program.  The program shall provide 
  3.10  the court with names of persons who fail to attend the parent 
  3.11  education program as ordered by the court.  Persons who are 
  3.12  separated or contemplating involvement in a dissolution, 
  3.13  paternity, custody, or parenting time proceeding may attend a 
  3.14  parent education program without a court order.  Unless 
  3.15  otherwise ordered by the court, participation in a parent 
  3.16  education program must occur as early as possible begin within 
  3.17  30 days after the first filing with the court or as soon as 
  3.18  practicable after that time based on the reasonable availability 
  3.19  of classes for the program for the parent.  Parent education 
  3.20  programs must offer an opportunity to participate at all phases 
  3.21  of a pending or postdecree proceeding.  Upon request of a party 
  3.22  and a showing of good cause, the court may excuse the party from 
  3.23  attending the program.  If past or present domestic abuse, as 
  3.24  defined in chapter 518B, is alleged, the court shall not require 
  3.25  the parties to attend the same parent education sessions and 
  3.26  shall enter an order setting forth the manner in which the 
  3.27  parties may safely participate in the program.