1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 01/26/1998 | |
1st Engrossment | Posted on 02/19/1998 |
1.1 A bill for an act 1.2 relating to family law; modifying child support 1.3 enforcement provisions; providing parenting plans; 1.4 changing provisions of the putative fathers' registry 1.5 law; including maintenance in the definition of 1.6 earnings for garnishment and levy law; amending 1.7 Minnesota Statutes 1996, sections 257.64, subdivision 1.8 3; 518.13, subdivision 5; 518.17, subdivision 3; 1.9 518.54, by adding a subdivision; 518.551, subdivisions 1.10 1, 5, 9, and by adding a subdivision; 518.615, 1.11 subdivision 2; 550.136, subdivision 2; and 571.921; 1.12 Minnesota Statutes 1997 Supplement, sections 256.741, 1.13 subdivision 1; 259.52, subdivisions 1, 9, 10, 11, 12, 1.14 and by adding a subdivision; 518.54, subdivision 6; 1.15 518.551, subdivision 5b; 518.5511, subdivision 2; 1.16 518.6111, subdivisions 8 and 14; 518.615, subdivision 1.17 1; 518.6195; 518.64, subdivision 2; and 552.04, 1.18 subdivision 4; Laws 1995, chapter 257, article 1, 1.19 section 34; Laws 1997, chapter 203, article 6, section 1.20 90; proposing coding for new law in Minnesota 1.21 Statutes, chapter 518; proposing coding for new law as 1.22 Minnesota Statutes, chapter 518D. 1.23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.24 ARTICLE 1 1.25 CHILD SUPPORT 1.26 Section 1. Minnesota Statutes 1997 Supplement, section 1.27 256.741, subdivision 1, is amended to read: 1.28 Subdivision 1. [PUBLIC ASSISTANCE.] (a) The term "public 1.29 assistance" as used in this chapter and chapters 257, 518, and 1.30 518C, includes any form of assistance provided under AFDC, MFIP, 1.31 and MFIP-R under chapter 256, MFIP-S under chapter 256J, and 1.32 work first under chapter 256K; child care assistance provided 1.33 through the child care fund according to chapter 119B; any form 1.34 of medical assistance under chapter 256B; MinnesotaCare under 2.1 chapter256256L; and foster care as provided under title IV-E 2.2 of the Social Security Act. 2.3 (b) The term "child support agency" as used in this section 2.4 refers to the public authority responsible for child support 2.5 enforcement. 2.6 (c) The term "public assistance agency" as used in this 2.7 section refers to a public authority providing public assistance 2.8 to an individual. 2.9 Sec. 2. Minnesota Statutes 1996, section 257.64, 2.10 subdivision 3, is amended to read: 2.11 Subd. 3. If a party refuses to accept a recommendation 2.12 made under subdivision 1 and blood or genetic tests have not 2.13 been taken, the court shall require the parties to submit to 2.14 blood or genetic tests.Any objection to blood or genetic2.15testing results must be made in writing no later than 15 days2.16before any hearing at which time the results may be introduced2.17into evidence. Test results served upon a party must include a2.18notice of this right to object. Thereafter the court shall make2.19an appropriate final recommendation.If a party refuses to 2.20 accept the final recommendation the action shall be set for 2.21 trial. 2.22 Sec. 3. Minnesota Statutes 1997 Supplement, section 2.23 518.54, subdivision 6, is amended to read: 2.24 Subd. 6. [INCOME.] "Income" means any form of periodic 2.25 payment to an individual including, but not limited to, wages, 2.26 salaries, payments to an independent contractor, workers' 2.27 compensation, reemployment insurance, annuity, military and 2.28 naval retirement, pension and disability payments. Benefits 2.29 received under Title IV-A of the Social Security Act and chapter 2.30 256J are not income under this section. 2.31 Sec. 4. Minnesota Statutes 1996, section 518.54, is 2.32 amended by adding a subdivision to read: 2.33 Subd. 13. [ARREARS.] Arrears are amounts that accrue 2.34 pursuant to an obligor's failure to comply with a support 2.35 order. Past support and pregnancy and confinement expenses 2.36 contained in a support order are arrears if the court order does 3.1 not contain repayment terms. Arrears also arise by the 3.2 obligor's failure to comply with the terms of a court order for 3.3 repayment of past support or pregnancy and confinement 3.4 expenses. An obligor's failure to comply with the terms for 3.5 repayment of amounts owed for past support or pregnancy and 3.6 confinement turns the entire amount owed into arrears. 3.7 Sec. 5. Minnesota Statutes 1996, section 518.551, 3.8 subdivision 1, is amended to read: 3.9 Subdivision 1. [SCOPE; PAYMENT TO PUBLIC AGENCY.] (a) This 3.10 section applies to all proceedings involvingan award of childa 3.11 support order, including, but not limited to, a support order 3.12 establishing an order for past support or reimbursement of 3.13 public assistance. 3.14 (b) The court shall direct that all payments ordered for 3.15 maintenance and support be made to the public agency responsible 3.16 for child support enforcement so long as the obligee is 3.17 receiving or has applied for public assistance, or has applied 3.18 for child support and maintenance collection services. Public 3.19 authorities responsible for child support enforcement may act on 3.20 behalf of other public authorities responsible for child support 3.21 enforcement. This includes the authority to represent the legal 3.22 interests of or execute documents on behalf of the other public 3.23 authority in connection with the establishment, enforcement, and 3.24 collection of child support, maintenance, or medical support, 3.25 and collection on judgments. Amounts received by the public 3.26 agency responsible for child support enforcement greater than 3.27 the amount granted to the obligee shall be remitted to the 3.28 obligee. 3.29 Sec. 6. Minnesota Statutes 1996, section 518.551, 3.30 subdivision 5, is amended to read: 3.31 Subd. 5. [NOTICE TO PUBLIC AUTHORITY; GUIDELINES.] (a) The 3.32 petitioner shall notify the public authority of all proceedings 3.33 for dissolution, legal separation, determination of parentage or 3.34 for the custody of a child, if either party is receivingaid to3.35families with dependent childrenpublic assistance or applies 3.36 for it subsequent to the commencement of the proceeding. The 4.1 notice must contain the full names of the parties to the 4.2 proceeding, their social security account numbers, and their 4.3 birth dates. After receipt of the notice, the court shall set 4.4 child support as provided in this subdivision. The court may 4.5 order either or both parents owing a duty of support to a child 4.6 of the marriage to pay an amount reasonable or necessary for the 4.7 child's support, without regard to marital misconduct. The 4.8 court shall approve a child support stipulation of the parties 4.9 if each party is represented by independent counsel, unless the 4.10 stipulation does not meet the conditions of paragraph (i). In 4.11 other cases the court shall determine and order child support in 4.12 a specific dollar amount in accordance with the guidelines and 4.13 the other factors set forth in paragraph (c) and any departure 4.14 therefrom. The court may also order the obligor to pay child 4.15 support in the form of a percentage share of the obligor's net 4.16 bonuses, commissions, or other forms of compensation, in 4.17 addition to, or if the obligor receives no base pay, in lieu of, 4.18 an order for a specific dollar amount. 4.19 (b) The court shall derive a specific dollar amount for 4.20 child support by multiplying the obligor's net income by the 4.21 percentage indicated by the following guidelines: 4.22 Net Income Per Number of Children 4.23 Month of Obligor 4.24 1 2 3 4 5 6 7 or 4.25 more 4.26 $550 and Below Order based on the ability of the 4.27 obligor to provide support 4.28 at these income levels, or at higher 4.29 levels, if the obligor has 4.30 the earning ability. 4.31 $551 - 600 16% 19% 22% 25% 28% 30% 32% 4.32 $601 - 650 17% 21% 24% 27% 29% 32% 34% 4.33 $651 - 700 18% 22% 25% 28% 31% 34% 36% 4.34 $701 - 750 19% 23% 27% 30% 33% 36% 38% 4.35 $751 - 800 20% 24% 28% 31% 35% 38% 40% 4.36 $801 - 850 21% 25% 29% 33% 36% 40% 42% 5.1 $851 - 900 22% 27% 31% 34% 38% 41% 44% 5.2 $901 - 950 23% 28% 32% 36% 40% 43% 46% 5.3 $951 - 1000 24% 29% 34% 38% 41% 45% 48% 5.4 $1001- 5000 25% 30% 35% 39% 43% 47% 50% 5.5 or the amount 5.6 in effect under 5.7 paragraph (k) 5.8 Guidelines for support for an obligor with a monthly income 5.9 in excess of the income limit currently in effect under 5.10 paragraph (k) shall be the same dollar amounts as provided for 5.11 in the guidelines for an obligor with a monthly income equal to 5.12 the limit in effect. 5.13 Net Income defined as: 5.14 5.15 Total monthly 5.16 income less *(i) Federal Income Tax 5.17 *(ii) State Income Tax 5.18 (iii) Social Security 5.19 Deductions 5.20 (iv) Reasonable 5.21 Pension Deductions 5.22 *Standard 5.23 Deductions apply- (v) Union Dues 5.24 use of tax tables (vi) Cost of Dependent Health 5.25 recommended Insurance Coverage 5.26 (vii) Cost of Individual or Group 5.27 Health/Hospitalization 5.28 Coverage or an 5.29 Amount for Actual 5.30 Medical Expenses 5.31 (viii) A Child Support or 5.32 Maintenance Order that is 5.33 Currently Being Paid. 5.34 "Net income" does not include: 5.35 (1) the income of the obligor's spouse, but does include 5.36 in-kind payments received by the obligor in the course of 6.1 employment, self-employment, or operation of a business if the 6.2 payments reduce the obligor's living expenses; or 6.3 (2) compensation received by a party for employment in 6.4 excess of a 40-hour work week, provided that: 6.5 (i) support is nonetheless ordered in an amount at least 6.6 equal to the guidelines amount based on income not excluded 6.7 under this clause; and 6.8 (ii) the party demonstrates, and the court finds, that: 6.9 (A) the excess employment began after the filing of the 6.10 petition for dissolution; 6.11 (B) the excess employment reflects an increase in the work 6.12 schedule or hours worked over that of the two years immediately 6.13 preceding the filing of the petition; 6.14 (C) the excess employment is voluntary and not a condition 6.15 of employment; 6.16 (D) the excess employment is in the nature of additional, 6.17 part-time or overtime employment compensable by the hour or 6.18 fraction of an hour; and 6.19 (E) the party's compensation structure has not been changed 6.20 for the purpose of affecting a support or maintenance obligation. 6.21 The court shall review the work-related and 6.22 education-related child care costs paid and shall allocate the 6.23 costs to each parent in proportion to each parent's net income, 6.24 as determined under this subdivision, after the transfer of 6.25 child support and spousal maintenance, unless the allocation 6.26 would be substantially unfair to either parent. There is a 6.27 presumption of substantial unfairness if after the sum total of 6.28 child support, spousal maintenance, and child care costs is 6.29 subtracted from the noncustodial parent's income, the income is 6.30 at or below 100 percent of the federal poverty guidelines. The 6.31 cost of child care for purposes of this paragraph is 75 percent 6.32 of the actual cost paid for child care, to reflect the 6.33 approximate value of state and federal tax credits available to 6.34 the custodial parent. The actual cost paid for child care is 6.35 the total amount received by the child care provider for the 6.36 child or children of the obligor from the obligee or any public 7.1 agency. The court shall require verification of employment or 7.2 school attendance and documentation of child care expenses from 7.3 the obligee and the public agency, if applicable. If child care 7.4 expenses fluctuate during the year because of seasonal 7.5 employment or school attendance of the obligee or extended 7.6 periods of visitation with the obligor, the court shall 7.7 determine child care expenses based on an average monthly cost. 7.8 The amount allocated for child care expenses is considered child 7.9 support but is not subject to a cost-of-living adjustment under 7.10 section 518.641. The amount allocated for child care expenses 7.11 terminates when either party notifies the public authority that 7.12 the child care costs have ended and without any legal action on 7.13 the part of either party. The public authority shall verify the 7.14 information received under this provision before authorizing 7.15 termination. The termination is effective as of the date of the 7.16 notification. In other cases where there is a substantial 7.17 increase or decrease in child care expenses, the parties may 7.18 modify the order under section 518.64. 7.19 The court may allow the noncustodial parent to care for the 7.20 child while the custodial parent is working, as provided in 7.21 section 518.175, subdivision 8. Allowing the noncustodial 7.22 parent to care for the child under section 518.175, subdivision 7.23 8, is not a reason to deviate from the guidelines. 7.24 (c) In addition to the child support guidelines, the court 7.25 shall take into consideration the following factors in setting 7.26 or modifying child support or in determining whether to deviate 7.27 from the guidelines: 7.28 (1) all earnings, income, and resources of the parents, 7.29 including real and personal property, but excluding income from 7.30 excess employment of the obligor or obligee that meets the 7.31 criteria of paragraph (b), clause (2)(ii); 7.32 (2) the financial needs and resources, physical and 7.33 emotional condition, and educational needs of the child or 7.34 children to be supported; 7.35 (3) the standard of living the child would have enjoyed had 7.36 the marriage not been dissolved, but recognizing that the 8.1 parents now have separate households; 8.2 (4) which parent receives the income taxation dependency 8.3 exemption and what financial benefit the parent receives from 8.4 it; 8.5 (5) the parents' debts as provided in paragraph (d); and 8.6 (6) the obligor's receipt of public assistanceunder8.7section 256.72 to 256.87 or 256B.01 to 256B.40. 8.8 Further, if a child receives a child's insurance benefit 8.9 under United States Code, title 42, section 402, because the 8.10 obligor is entitled to old age or disability insurance benefits, 8.11 the amount of support ordered shall be reduced by the amount of 8.12 the child's benefit received under United States Code, title 42, 8.13 section 402. 8.14 (d) In establishing or modifying a support obligation, the 8.15 court may consider debts owed to private creditors, but only if: 8.16 (1) the right to support has not been assigned under 8.17 section 256.74; 8.18 (2) the court determines that the debt was reasonably 8.19 incurred for necessary support of the child or parent or for the 8.20 necessary generation of income. If the debt was incurred for 8.21 the necessary generation of income, the court shall consider 8.22 only the amount of debt that is essential to the continuing 8.23 generation of income; and 8.24 (3) the party requesting a departure produces a sworn 8.25 schedule of the debts, with supporting documentation, showing 8.26 goods or services purchased, the recipient of them, the amount 8.27 of the original debt, the outstanding balance, the monthly 8.28 payment, and the number of months until the debt will be fully 8.29 paid. 8.30 (e) Any schedule prepared under paragraph (d), clause (3), 8.31 shall contain a statement that the debt will be fully paid after 8.32 the number of months shown in the schedule, barring emergencies 8.33 beyond the party's control. 8.34 (f) Any further departure below the guidelines that is 8.35 based on a consideration of debts owed to private creditors 8.36 shall not exceed 18 months in duration, after which the support 9.1 shall increase automatically to the level ordered by the court. 9.2 Nothing in this section shall be construed to prohibit one or 9.3 more step increases in support to reflect debt retirement during 9.4 the 18-month period. 9.5 (g) If payment of debt is ordered pursuant to this section, 9.6 the payment shall be ordered to be in the nature of child 9.7 support. 9.8 (h) Nothing shall preclude the court from receiving 9.9 evidence on the above factors to determine if the guidelines 9.10 should be exceeded or modified in a particular case. 9.11 (i) The guidelines in this subdivision are a rebuttable 9.12 presumption and shall be used in all cases when establishing or 9.13 modifying child support. If the court does not deviate from the 9.14 guidelines, the court shall make written findings concerning the 9.15 amount of the obligor's income used as the basis for the 9.16 guidelines calculation and any other significant evidentiary 9.17 factors affecting the determination of child support. If the 9.18 court deviates from the guidelines, the court shall make written 9.19 findings giving the amount of support calculated under the 9.20 guidelines, the reasons for the deviation, and shall 9.21 specifically address the criteria in paragraph (c) and how the 9.22 deviation serves the best interest of the child. The court may 9.23 deviate from the guidelines if both parties agree and the court 9.24 makes written findings that it is in the best interests of the 9.25 child, except that in cases where child support payments are 9.26 assigned to the public agency under section 256.74, the court 9.27 may deviate downward only as provided in paragraph (j). Nothing 9.28 in this paragraph prohibits the court from deviating in other 9.29 cases. The provisions of this paragraph apply whether or not 9.30 the parties are each represented by independent counsel and have 9.31 entered into a written agreement. The court shall review 9.32 stipulations presented to it for conformity to the guidelines 9.33 and the court is not required to conduct a hearing, but the 9.34 parties shall provide the documentation of earnings required 9.35 under subdivision 5b. 9.36 (j) If the child support payments are assigned to the 10.1 public agency under section 256.74, the court may not deviate 10.2 downward from the child support guidelines unless the court 10.3 specifically finds that the failure to deviate downward would 10.4 impose an extreme hardship on the obligor. 10.5 (k) The dollar amount of the income limit for application 10.6 of the guidelines must be adjusted on July 1 of every 10.7 even-numbered year to reflect cost-of-living changes. The 10.8 supreme court shall select the index for the adjustment from the 10.9 indices listed in section 518.641. The state court 10.10 administrator shall make the changes in the dollar amount 10.11 required by this paragraph available to courts and the public on 10.12 or before April 30 of the year in which the amount is to change. 10.13 Sec. 7. Minnesota Statutes 1997 Supplement, section 10.14 518.551, subdivision 5b, is amended to read: 10.15 Subd. 5b. [DETERMINATION OF INCOME.] (a) The parties shall 10.16 timely serve and file documentation of earnings and income. 10.17 When there is a prehearing conference, the court must receive 10.18 the documentation of income at least ten days prior to the 10.19 prehearing conference. Documentation of earnings and income 10.20 also includes, but is not limited to, pay stubs for the most 10.21 recent three months, employer statements, or statement of 10.22 receipts and expenses if self-employed. Documentation of 10.23 earnings and income also includes copies of each parent's most 10.24 recent federal tax returns, including W-2 forms, 1099 forms, 10.25 reemployment insurance statements, workers' compensation 10.26 statements, and all other documents evidencing income as 10.27 received that provide verification of income over a longer 10.28 period. 10.29 (b) In addition to the requirements of paragraph (a), at 10.30 any time after an action seeking child support has been 10.31 commenced or when a child support order is in effect, a party or 10.32 the public authority may require the other party to give them a 10.33 copy of the party's most recent federal tax returns that were 10.34 filed with the Internal Revenue Service. The party shall 10.35 provide a copy of the tax returns within 30 days of receipt of 10.36 the request unless the request is not made in good faith. A 11.1 request under this paragraph may not be made more than once 11.2 every two years, in the absence of good cause. 11.3 (c) If a parent under the jurisdiction of the court does 11.4 not appear at a court hearing after proper notice of the time 11.5 and place of the hearing, the court shall set income for that 11.6 parent based on credible evidence before the court or in 11.7 accordance with paragraph (d). Credible evidence may include 11.8 documentation of current or recent income, testimony of the 11.9 other parent concerning recent earnings and income levels, and 11.10 the parent's wage reports filed with the Minnesota department of 11.11 economic security under section 268.044. 11.12 (d) If the court finds that a parent is voluntarily 11.13 unemployed or underemployed or was voluntarily unemployed or 11.14 underemployed during the period for which past support is being 11.15 sought,childsupport shall be calculated based on a 11.16 determination of imputed income. A parent is not considered 11.17 voluntarily unemployed or underemployed upon a showing by the 11.18 parent that the unemployment or underemployment: (1) is 11.19 temporary and will ultimately lead to an increase in income; or 11.20 (2) represents a bona fide career change that outweighs the 11.21 adverse effect of that parent's diminished income on the child. 11.22 Imputed income means the estimated earning ability of a parent 11.23 based on the parent's prior earnings history, education, and job 11.24 skills, and on availability of jobs within the community for an 11.25 individual with the parent's qualifications. 11.26 (e)If the court is unable to determine or estimate the11.27earning ability of a parentIf there is insufficient information 11.28 to determine actual income or to impute income pursuant to 11.29 paragraph (d), the court may calculatechildsupport based on 11.30 full-time employment of 40 hours per week at 150 percent of the 11.31 federal minimum wage or the Minnesota minimum wage, whichever is 11.32 higher.If the court is unable to determine or estimate the11.33earning ability of a parent, any medical support or child care11.34contribution must be calculated based upon the obligor's11.35proportionate share of the child care expenses using 40 hours11.36per week at 150 percent of the federal minimum wage or the12.1Minnesota minimum wage, whichever is higher.If a parent is a 12.2 recipient of public assistance under section 256.741, or is 12.3 physically or mentally incapacitated, it shall be presumed that 12.4 the parent is not voluntarily unemployed or underemployed. 12.5(e)(f) Income from self employment is equal to gross 12.6 receipts minus ordinary and necessary expenses. Ordinary and 12.7 necessary expenses do not include amounts allowed by the 12.8 Internal Revenue Service for accelerated depreciation expenses 12.9 or investment tax credits or any other business expenses 12.10 determined by the court to be inappropriate for determining 12.11 income for purposes of child support. The person seeking to 12.12 deduct an expense, including depreciation, has the burden of 12.13 proving, if challenged, that the expense is ordinary and 12.14 necessary. Net income under this section may be different from 12.15 taxable income. 12.16 Sec. 8. Minnesota Statutes 1996, section 518.551, is 12.17 amended by adding a subdivision to read: 12.18 Subd. 5f. [SUBSEQUENT CHILDREN.] The needs of subsequent 12.19 children shall not be factored into a support guidelines 12.20 calculation under subdivision 5. The fact that an obligor had 12.21 additional children after the entry of a child support order is 12.22 not grounds for a modification to decrease the amount of support 12.23 owed. However, the fact that an obligor has subsequent children 12.24 shall be considered in response to a request by an obligee for a 12.25 modification to increase child support. In order to deviate 12.26 from the support guidelines in subdivision 5 to consider the 12.27 needs of subsequent children, the trial court must: 12.28 (1) find the obligor's total ability to contribute to 12.29 dependent children, taking into account the obligor's income and 12.30 reasonable expenses exclusive of child care. The obligor's 12.31 expenses must be: 12.32 (i) reduced as appropriate to take into account 12.33 contributions to those costs by other adults who share the 12.34 obligor's current household; and 12.35 (ii) apportioned between the parent and any subsequent 12.36 child with regard to shared benefits, including but not limited 13.1 to, housing and transportation; 13.2 (2) find the total needs of all the obligor's children, and 13.3 if these needs are less than the obligor's ability to pay, the 13.4 needs may become the obligor's child support obligation. When 13.5 considering the needs of subsequent children, the trial court 13.6 must reduce those amounts as appropriate to take into account 13.7 the ability to contribute to those needs by another parent of 13.8 the children; 13.9 (3) make specific findings on the needs of the child or 13.10 children who are the subject of the support order under 13.11 consideration; and 13.12 (4) exercise discretion to fairly determine the current 13.13 support obligation and the contribution left available for other 13.14 children, considering that the support obligation being 13.15 determined should be in an amount at least equal to the 13.16 contribution for a subsequent child. 13.17 Sec. 9. Minnesota Statutes 1996, section 518.551, 13.18 subdivision 9, is amended to read: 13.19 Subd. 9. [ASSIGNMENT OF RIGHTS; JUDGMENT.] The public 13.20 agency responsible for child support enforcement is joined as a 13.21 party in each case in which rights are assigned under section 13.22256.74256.741, subdivision52. The court administrator shall 13.23 enter and docket a judgment obtained by operation of law under 13.24 section 548.091, subdivision 1, in the name of the public agency 13.25 to the extent that the obligation has been assigned. When 13.26 arrearages are reduced to judgment under circumstances in which 13.27 section 548.091 is not applicable, the court shall grant 13.28 judgment in favor of, and in the name of, the public agency to 13.29 the extent that the arrearages are assigned. After filing 13.30 notice of an assignment with the court administrator, who shall 13.31 enter the notice in the docket, the public agency may enforce a 13.32 judgment entered before the assignment of rights as if the 13.33 judgment were granted to it, and in its name, to the extent that 13.34 the arrearages in that judgment are assigned. 13.35 Sec. 10. Minnesota Statutes 1997 Supplement, section 13.36 518.5511, subdivision 2, is amended to read: 14.1 Subd. 2. [UNCONTESTED ADMINISTRATIVE PROCEEDING.] (a) 14.2 Following the initiation of the administrative process under 14.3 subdivision 1, paragraph (c) or (d), the public authority shall, 14.4 on the basis of all information available, complete and sign a 14.5 proposed order and notice. The public authority shall attach a 14.6 support order worksheet. In preparing the proposed order, the 14.7 public authority will establish child support in the highest 14.8 amount permitted under section 518.551, subdivision 5. The 14.9 proposed order shall include written findings in accordance with 14.10 section 518.551, subdivision 5, clauses (i) and (j). If the 14.11 public authority has incomplete or insufficient information upon 14.12 which to prepare a proposed order, the public authority shall 14.13 use the default standard established in section 518.551, 14.14 subdivision 5b,paragraph (d),to prepare the proposed order. 14.15 The notice shall state that the proposed order will be entered 14.16 as a final and binding default order unless one of the parties 14.17 contacts the public authority regarding the proposed order 14.18 within 30 days following the date of service of the proposed 14.19 order. The notice and proposed order shall be served under the 14.20 rules of civil procedure on the noninitiating party and by first 14.21 class mail on the initiating party. After receipt of the notice 14.22 and proposed order, the court administrator shall file the 14.23 documents. 14.24 For the purposes of the administrative process, and 14.25 notwithstanding any law or rule to the contrary, the service of 14.26 the proposed order under this paragraph shall be deemed to have 14.27 commenced a proceeding and the judge shall have jurisdiction 14.28 over a contested administrative proceeding. 14.29 (b) If the public authority is not contacted by a party 14.30 within 30 days after the date of service of the proposed order, 14.31 the public authority may submit the proposed order as the 14.32 default order. The default order becomes enforceable upon 14.33 signature by an administrative law judge. The default order 14.34 shall be a final order, and shall be served under the rules of 14.35 civil procedure. 14.36 (c) If the public authority obtains new information after 15.1 service of the proposed order, the public authority may prepare 15.2 one notice and revised proposed order. The revised order must 15.3 be served by first class mail on the parties. If the public 15.4 authority is not contacted within seven days after the date of 15.5 service of the revised order, the public authority may submit 15.6 the revised order as a default order but in no event sooner than 15.7 30 days after the service of the original proposed order. 15.8 (d) The public authority shall file in the district court 15.9 copies of all notices served on the parties, proof of service, 15.10 the support order worksheet, and all orders. 15.11 Sec. 11. Minnesota Statutes 1997 Supplement, section 15.12 518.6111, subdivision 8, is amended to read: 15.13 Subd. 8. [CONTEST.] (a) The obligor may contest 15.14 withholding under subdivision 7 on the limited grounds that the 15.15 withholding or the amount withheld is improper due to mistake of 15.16 fact. If the obligor chooses to contest the withholding, the 15.17 obligor must do so no later than 15 days after the employer 15.18 commences withholding, by doing all of the following: 15.19 (1) file a request for contested hearing according to 15.20 section 518.5511, subdivision43a, and include in the request 15.21 the alleged mistake of fact; 15.22 (2) serve a copy of the request for contested hearing upon 15.23 the public authority and the obligee; and 15.24 (3) secure a date for the contested hearing no later than 15.25 45 days after receiving notice that withholding has commenced. 15.26 (b) The income withholding must remain in place while the 15.27 obligor contests the withholding. 15.28 (c) If the court finds a mistake in the amount of the 15.29 arrearage to be withheld, the court shall continue the income 15.30 withholding, but it shall correct the amount of the arrearage to 15.31 be withheld. 15.32 Sec. 12. Minnesota Statutes 1997 Supplement, section 15.33 518.6111, subdivision 14, is amended to read: 15.34 Subd. 14. [TERMINATION BY THE PUBLIC AUTHORITY.] If the 15.35 public authority determines that income withholding is no longer 15.36 applicable, the public authority shall notify the obligee and 16.1 the obligor of intent to terminate income withholding. 16.2 Five days following notification to the obligee and 16.3 obligor, the public authority shall issue a notice to the payor 16.4 of funds terminating income withholding, without a requirement 16.5 for a court order unless the obligee has requested a contested 16.6 hearing under section 518.5511, subdivision43a. 16.7 Sec. 13. Minnesota Statutes 1997 Supplement, section 16.8 518.615, subdivision 1, is amended to read: 16.9 Subdivision 1. [ORDERS BINDING.] Notices or orders for 16.10 income withholding or medical supportordersissued pursuant to 16.11 sections 518.171 and 518.6111 are binding on the employer, 16.12 trustee, or other payor of funds after the orderandor notice 16.13offor income withholding or enforcement of medical support has 16.14 beenserved ontransmitted pursuant to section 518.6111, to the 16.15 employer, trustee, or payor of funds. 16.16 Sec. 14. Minnesota Statutes 1996, section 518.615, 16.17 subdivision 2, is amended to read: 16.18 Subd. 2. [CONTEMPT ACTION.] An obligee or the public 16.19 agency responsible for child support enforcement may initiate a 16.20 contempt action against an employer, trustee, or payor of funds, 16.21 within the action that created the support obligation, by 16.22 serving an order to show cause upon the employer, trustee, or 16.23 payor of funds. 16.24 The employer, trustee, or payor of funds is presumed to be 16.25 in contempt: 16.26 (1) if the employer, trustee, or payor of funds has 16.27 intentionally failed to withhold support after receiving the 16.28 orderandor noticeoffor income withholding or notice of 16.29 enforcement of medical support; or 16.30 (2) upon presentation of pay stubs or similar documentation 16.31 showing the employer, trustee, or payor of funds withheld 16.32 support and demonstration that the employer, trustee, or payor 16.33 of funds intentionally failed to remit support to the agency 16.34 responsible for child support enforcement. 16.35 Sec. 15. Minnesota Statutes 1997 Supplement, section 16.36 518.6195, is amended to read: 17.1 518.6195 [COLLECTION; ARREARS ONLY.] 17.2 (a) Remedies available for the collection and enforcement 17.3 of support in this chapter and chapters 256, 257, and 518C also 17.4 apply to cases in which the child or children for whom support 17.5 is owed are emancipated and the obligor owes past support or has 17.6 an accumulated arrearage as of the date of the youngest child's 17.7 emancipation. Child support arrearages under this section 17.8 include arrearages for child support, medical support, child 17.9 care, pregnancy and birth expenses, and unreimbursed medical 17.10 expenses as defined in section 518.171. 17.11 (b) This section applies retroactively to any support 17.12 arrearage that accrued on or before the date of enactment and to 17.13 all arrearages accruing after the date of enactment. 17.14 (c) Past support or pregnancy and confinement expenses 17.15 ordered for which the obligor has specific court ordered terms 17.16 for repayment may not be enforced using drivers' and 17.17 occupational or professional license suspension, credit bureau 17.18 reporting, federal and state tax intercept, and additional 17.19 income withholding under section 518.6111, subdivision 10, 17.20 paragraph (a), unless the obligor fails to comply with the terms 17.21 of the court order for repayment. 17.22 Sec. 16. Minnesota Statutes 1997 Supplement, section 17.23 518.64, subdivision 2, is amended to read: 17.24 Subd. 2. [MODIFICATION.] (a) The terms of an order 17.25 respecting maintenance or support may be modified upon a showing 17.26 of one or more of the following: (1) substantially increased or 17.27 decreased earnings of a party; (2) substantially increased or 17.28 decreased need of a party or the child or children that are the 17.29 subject of these proceedings; (3) receipt of assistance under 17.30 sections 256.72 to 256.87 or 256B.01 to 256B.40; (4) a change in 17.31 the cost of living for either party as measured by the federal 17.32 bureau of statistics, any of which makes the terms unreasonable 17.33 and unfair; (5) extraordinary medical expenses of the child not 17.34 provided for under section 518.171; or (6) the addition of 17.35 work-related or education-related child care expenses of the 17.36 obligee or a substantial increase or decrease in existing 18.1 work-related or education-related child care expenses. 18.2 On a motion to modify support, the needs of any child the 18.3 obligor has after the entry of the support order that is the 18.4 subject of a modification motion shall be considered as provided 18.5 by section 518.551, subdivision 5f. 18.6 (b) It is presumed that there has been a substantial change 18.7 in circumstances under paragraph (a) and the terms of a current 18.8 support order shall be rebuttably presumed to be unreasonable 18.9 and unfair if: 18.10 (1) the application of the child support guidelines in 18.11 section 518.551, subdivision 5, to the current circumstances of 18.12 the parties results in a calculated court order that is at least 18.13 20 percent and at least $50 per month higher or lower than the 18.14 current support order; 18.15 (2) the medical support provisions of the order established 18.16 under section 518.171 are not enforceable by the public 18.17 authority or the custodial parent; 18.18 (3) health coverage ordered under section 518.171 is not 18.19 available to the child for whom the order is established by the 18.20 parent ordered to provide; or 18.21 (4) the existing support obligation is in the form of a 18.22 statement of percentage and not a specific dollar amount. 18.23 (c) On a motion for modification of maintenance, including 18.24 a motion for the extension of the duration of a maintenance 18.25 award, the court shall apply, in addition to all other relevant 18.26 factors, the factors for an award of maintenance under section 18.27 518.552 that exist at the time of the motion. On a motion for 18.28 modification of support, the court: 18.29 (1) shall apply section 518.551, subdivision 5, and shall 18.30 not consider the financial circumstances of each party's spouse, 18.31 if any; and 18.32 (2) shall not consider compensation received by a party for 18.33 employment in excess of a 40-hour work week, provided that the 18.34 party demonstrates, and the court finds, that: 18.35 (i) the excess employment began after entry of the existing 18.36 support order; 19.1 (ii) the excess employment is voluntary and not a condition 19.2 of employment; 19.3 (iii) the excess employment is in the nature of additional, 19.4 part-time employment, or overtime employment compensable by the 19.5 hour or fractions of an hour; 19.6 (iv) the party's compensation structure has not been 19.7 changed for the purpose of affecting a support or maintenance 19.8 obligation; 19.9 (v) in the case of an obligor, current child support 19.10 payments are at least equal to the guidelines amount based on 19.11 income not excluded under this clause; and 19.12 (vi) in the case of an obligor who is in arrears in child 19.13 support payments to the obligee, any net income from excess 19.14 employment must be used to pay the arrearages until the 19.15 arrearages are paid in full. 19.16 (d) A modification of support or maintenance may be made 19.17 retroactive only with respect to any period during which the 19.18 petitioning party has pending a motion for modification but only 19.19 from the date of service of notice of the motion on the 19.20 responding party and on the public authority if public 19.21 assistance is being furnished or the county attorney is the 19.22 attorney of record. However, modification may be applied to an 19.23 earlier period if the court makes express findings that: 19.24 (1) the party seeking modification was precluded from 19.25 serving a motion by reason of a significant physical or mental 19.26 disability, a material misrepresentation of another party, or 19.27 fraud upon the court and that the party seeking modification, 19.28 when no longer precluded, promptly served a motion; 19.29 (2) the party seeking modification was a recipient of 19.30 federal Supplemental Security Income (SSI), Title II Older 19.31 Americans, Survivor's Disability Insurance (OASDI), other 19.32 disability benefits, or public assistance based upon need during 19.33 the period for which retroactive modification is sought; or 19.34 (3) the order for which the party seeks amendment was 19.35 entered by default, the party shows good cause for not 19.36 appearing, and the record contains no factual evidence, or 20.1 clearly erroneous evidence regarding the individual obligor's 20.2 ability to pay. 20.3 The court may provide that a reduction in the amount 20.4 allocated for child care expenses based on a substantial 20.5 decrease in the expenses is effective as of the date the 20.6 expenses decreased. 20.7 (e) Except for an award of the right of occupancy of the 20.8 homestead, provided in section 518.63, all divisions of real and 20.9 personal property provided by section 518.58 shall be final, and 20.10 may be revoked or modified only where the court finds the 20.11 existence of conditions that justify reopening a judgment under 20.12 the laws of this state, including motions under section 518.145, 20.13 subdivision 2. The court may impose a lien or charge on the 20.14 divided property at any time while the property, or subsequently 20.15 acquired property, is owned by the parties or either of them, 20.16 for the payment of maintenance or support money, or may 20.17 sequester the property as is provided by section 518.24. 20.18 (f) The court need not hold an evidentiary hearing on a 20.19 motion for modification of maintenance or support. 20.20 (g) Section 518.14 shall govern the award of attorney fees 20.21 for motions brought under this subdivision. 20.22 Sec. 17. [518.642] [OVERPAYMENTS.] 20.23 If child support or maintenance is not assigned under 20.24 section 256.741, and an obligor has overpaid a child support or 20.25 maintenance obligation because of a modification or error in the 20.26 amount owed, the public authority shall: 20.27 (1) apply the amount of the overpayment to reduce the 20.28 amount of any child support or maintenance-related arrearages or 20.29 debts owed to the obligee; and 20.30 (2) if an overpayment exists after the reduction of any 20.31 arrearage or debt, reduce the amount of the child support 20.32 remitted to the obligee by an amount no greater than 20 percent 20.33 of the current monthly support or maintenance obligation and 20.34 remit this amount to the obligor until the overpayment is 20.35 reduced to zero. 20.36 Sec. 18. Minnesota Statutes 1997 Supplement, section 21.1 552.04, subdivision 4, is amended to read: 21.2 Subd. 4. [SERVICE OF THIRD PARTY LEVY; NOTICE AND 21.3 DISCLOSURE FORMS.] When levying upon money owed to the judgment 21.4 debtor by a third party, the public authority shall serve a copy 21.5 of the notice of support judgment levy upon the third party 21.6 either by registered or certified mail,orby personal service, 21.7 or by electronic transmission. Along with a copy of the notice 21.8 of support judgment levy, the public authority shall serve upon 21.9 the third party a notice of support judgment levy and disclosure 21.10 form that must be substantially in the form set forth below. 21.11 OFFICE OF ADMINISTRATIVE HEARINGS 21.12 File No. ........... 21.13 ........ (Public authority) 21.14 against NOTICE OF SUPPORT JUDGMENT 21.15 ........ (Judgment Debtor) LEVY AND DISCLOSURE 21.16 and (OTHER THAN EARNINGS) 21.17 ........ (Third Party) 21.18 PLEASE TAKE NOTICE that pursuant to Minnesota Statutes, 21.19 chapters 518 and 522, the undersigned, as representative of the 21.20 public authority responsible for child support enforcement, 21.21 makes demand and levies execution upon all money due and owing 21.22 by you to the judgment debtor for the amount of the judgment 21.23 specified below. A copy of the notice of support judgment levy 21.24 is enclosed. The unpaid judgment balance is $...... 21.25 In responding to this levy, you are to complete the 21.26 attached disclosure form and mail it to the public authority, 21.27 together with your check payable to the public authority, for 21.28 the nonexempt amount owed by you to the judgment debtor or for 21.29 which you are obligated to the judgment debtor, within the time 21.30 limits in chapter 552. 21.31 Public Authority 21.32 Address 21.33 (........) 21.34 Phone number 21.35 21.36 DISCLOSURE 21.37 On the ... day of ......, 19..., the time of service of the 21.38 execution levy herein, there was due and owing the judgment 21.39 debtor from the third party the following: 21.40 (1) Money. Enter on the line below any amounts due and 22.1 owing the judgment debtor, except earnings, from the third party. 22.2 ......................... 22.3 (2) Setoff. Enter on the line below the amount of any 22.4 setoff, defense, lien, or claim which the third party claims 22.5 against the amount set forth on line (1). State the facts by 22.6 which the setoff, defense, lien, or claim is claimed. (Any 22.7 indebtedness to you incurred by the judgment debtor within ten 22.8 days prior to the receipt of the first execution levy on a debt 22.9 may not be claimed as a setoff, defense, lien, or claim against 22.10 the amount set forth on line (1).) 22.11 ......................... 22.12 (3) Exemption. Enter on the line below any amounts or 22.13 property claimed by the judgment debtor to be exempt from 22.14 execution. 22.15 ......................... 22.16 (4) Adverse Interest. Enter on the line below any amounts 22.17 claimed by other persons by reason of ownership or interest in 22.18 the judgment debtor's property. 22.19 ......................... 22.20 (5) Enter on the line below the total of lines (2), (3), 22.21 and (4). 22.22 ......................... 22.23 (6) Enter on the line below the difference obtained (never 22.24 less than zero when line (5) is subtracted from the amount on 22.25 line (1)). 22.26 ......................... 22.27 (7) Enter on the line below 100 percent of the amount of 22.28 the public authority's claim which remains unpaid. 22.29 ......................... 22.30 (8) Enter on the line below the lesser of line (6) and line 22.31 (7). You are instructed to remit this amount only if it is $10 22.32 or more. 22.33 ......................... 22.34 AFFIRMATION 22.35 I, .......... (person signing Affirmation), am the third 22.36 party or I am authorized by the third party to complete this 23.1 nonearnings disclosure, and have done so truthfully and to the 23.2 best of my knowledge. 23.3 Dated:.......... Signature 23.4 .......... 23.5 Title 23.6 .......... 23.7 Telephone Number 23.8 Sec. 19. Laws 1995, chapter 257, article 1, section 34, is 23.9 amended to read: 23.10 Sec. 34. [REPORT.] 23.11 The commissioner of human services shall evaluate all child 23.12 support programs and enforcement mechanisms. The evaluation23.13must include a cost-benefit analysis of each program or23.14enforcement mechanism, and information related to which programs23.15produce the highest revenue, reduce arrears, avoid litigation,23.16and result in the best outcome for children and their parents.23.17The reports related to the provisions in this chapter are23.18due two years after the implementation date. All other reports23.19on existing programs and enforcement mechanisms are due January23.2015, 1997to determine the following: 23.21 (1) Minnesota's performance on the child support and 23.22 incentive measures submitted by the federal Office of Child 23.23 Support to the United States Congress; 23.24 (2) Minnesota's performance relative to other states; 23.25 (3) individual county performance; and 23.26 (4) recommendations for further improvement. 23.27 The first report on these topics shall be submitted to the 23.28 legislature by January 1, 1999, and subsequent reports shall be 23.29 submitted biennially before January 15 of each odd-numbered year. 23.30 Sec. 20. Laws 1997, chapter 203, article 6, section 90, is 23.31 amended to read: 23.32 Sec. 90. [CHILD SUPPORT ENFORCEMENT PROGRAM; SERVICES 23.33 DELIVERY STUDY.] 23.34 The commissioner of human services, in consultation with 23.35 the commissioner's advisory committee, shall conduct a study of 23.36 the overall state child support enforcement delivery system and 23.37 shall recommend to the legislature a program design that will 23.38 best meet the following goals: 24.1 (1) comply with all state and federal laws and regulations; 24.2 (2) deliver child support and paternity services in a 24.3 timely manner; 24.4 (3) meet federal performance criteria; 24.5 (4) provide respectful and efficient service to custodial 24.6 and noncustodial parents; 24.7 (5) make efficient use of public money funding the program; 24.8 and 24.9 (6) provide a consistent level of services throughout the 24.10 state. 24.11 The study may make specific recommendations regarding 24.12 staffing, training, program administration, customer access to 24.13 services, use of technology, and other features of a successful 24.14 child support program. The commissioner may contract with a 24.15 private vendor to complete the study. The commissioner shall 24.16 provide the study and recommendations to the legislature byJuly24.171, 1998December 1, 1998. 24.18 ARTICLE 2 24.19 OPTIONAL PARENTING PLANS 24.20 Section 1. Minnesota Statutes 1996, section 518.13, 24.21 subdivision 5, is amended to read: 24.22 Subd. 5. [APPROVAL WITHOUT HEARING.] Proposed findings of 24.23 fact, conclusions of law, order for judgment, and judgment and 24.24 decree must be submitted to the court for approval and filing 24.25 without a final hearing in the following situations: 24.26 (1) if there are no minor children of the marriage, and (i) 24.27 the parties have entered into a written stipulation, or (ii) the 24.28 respondent has not appeared after service duly made and proved 24.29 by affidavit and at least 20 days have elapsed since the time 24.30 for answering under section 518.12 expired; or 24.31 (2) if there are minor children of the marriage, the 24.32 parties have signed and acknowledged a stipulation, and all 24.33 parties are represented by counsel. In cases in which there are 24.34 minor children, stipulations must include a signed, notarized 24.35 verification that the parties are aware of the parenting plan 24.36 option in section 518.152. 25.1 Notwithstanding clause (1) or (2), the court shall schedule 25.2 the matter for hearing in any case where the proposed judgment 25.3 and decree does not appear to be in the best interests of the 25.4 minor children or is contrary to the interests of justice. 25.5 Sec. 2. [518.152] [PARENTING PLAN.] 25.6 Subdivision 1. [POLICY.] The public policy of this state 25.7 is to encourage parents, in all proceedings for marriage 25.8 dissolution, annulment, or legal separation, to reach their own 25.9 agreement concerning the upbringing of their children, 25.10 consistent with the best interests of the child. Courts shall 25.11 develop procedures to assist the parents to reach their own 25.12 agreement with minimal court involvement. 25.13 Subd. 2. [DEFINITIONS.] (a) The following definitions 25.14 apply to this section. 25.15 (b) "Parenting plan" means a plan developed and agreed to 25.16 by both parents determining: 25.17 (1) parenting obligations; 25.18 (2) parental decision-making authority; and 25.19 (3) a parenting schedule. 25.20 (c) "Parenting obligations" means the duties of each parent 25.21 concerning the child's upbringing, including daily care, 25.22 education, health care, religious training, and other parental 25.23 duties. 25.24 (d) "Parenting schedule" means the parenting plan 25.25 provisions regarding time a child spends with each parent, as 25.26 well as transportation arrangements and provisions for exchange 25.27 of the child between parents. 25.28 (e) "Parental decision making" means designation in a 25.29 parenting plan of mutual, primary, limited, or no responsibility 25.30 for decisions regarding the following issues: 25.31 (1) education, health care, and religious training; 25.32 (2) the child's daily care, schoolwork and activities, 25.33 participation in religious activities, and extra-curricular 25.34 activities; 25.35 (3) consistent discipline and behavioral consequences; 25.36 (4) the child's changing developmental needs; 26.1 (5) the special needs of a child; 26.2 (6) professional resources for the child; 26.3 (7) the time, place, or manner of communication between the 26.4 parents; 26.5 (8) the child's relationship with grandparents and other 26.6 significant persons; 26.7 (9) deviations from the regular parenting schedule; 26.8 (10) future resolution of parental conflict; and 26.9 (11) any other issues pertaining to the child. 26.10 Subd. 3. [PARENTS MAY ENTER.] (a) Notwithstanding section 26.11 518.17, subdivision 3, paragraph (a), in all proceedings for 26.12 marriage dissolution, annulment, or legal separation, parents 26.13 may execute a parenting plan in lieu of establishing custody and 26.14 visitation rights under this chapter, as long as the document 26.15 clearly defines the terms of the parties' agreement. Parents 26.16 who reach agreement on a parenting plan shall submit it to the 26.17 court. The court shall approve the parenting plan unless it 26.18 makes specific findings about why the parenting plan is not 26.19 approved. The agreement must specify that the parties waive the 26.20 right to seek a custody or visitation order or any court order 26.21 modifying the agreement except as otherwise provided by this 26.22 chapter or chapter 518B. 26.23 The provisions of section 518.18 apply to modification of 26.24 parenting plans. In addition, a party may request a 26.25 modification of the parenting plan earlier than one year after 26.26 the date of the entering of a decree of dissolution or legal 26.27 separation or an order containing a provision dealing with 26.28 custody if there is a persistent and willful denial of or 26.29 interference with the parenting schedule in the parenting plan. 26.30 Subd. 4. [PARENTING PLAN OPTION.] Parties who have a 26.31 custody and visitation order may agree on a parenting plan to 26.32 replace those orders by complying with this section. 26.33 Sec. 3. Minnesota Statutes 1996, section 518.17, 26.34 subdivision 3, is amended to read: 26.35 Subd. 3. [CUSTODY ORDER.] (a) Upon adjudging the nullity 26.36 of a marriage, or in a dissolution or separation proceeding, or 27.1 in a child custody proceeding, the court shall make such further 27.2 order as it deems just and proper concerning: 27.3 (1) the legal custody of the minor children of the parties 27.4 which shall be sole or joint or as otherwise addressed in a 27.5 parenting plan entered by the parties under section 518.152; 27.6 (2) their physical custody and residence or as otherwise 27.7 addressed in a parenting plan entered by the parties under 27.8 section 518.152; and 27.9 (3) their support. In determining custody, the court shall 27.10 consider the best interests of each child and shall not prefer 27.11 one parent over the other solely on the basis of the sex of the 27.12 parent. 27.13 (b) The court shall grant the following rights to each of 27.14 the parties, unless specific findings are made under section 27.15 518.68, subdivision 1. Each party has the right of access to, 27.16 and to receive copies of, school, medical, dental, religious 27.17 training, and other important records and information about the 27.18 minor children. Each party has the right of access to 27.19 information regarding health or dental insurance available to 27.20 the minor children. Each party shall keep the other party 27.21 informed as to the name and address of the school of attendance 27.22 of the minor children. Each party has the right to be informed 27.23 by school officials about the children's welfare, educational 27.24 progress and status, and to attend school and parent-teacher 27.25 conferences. The school is not required to hold a separate 27.26 conference for each party. In case of an accident or serious 27.27 illness of a minor child, each party shall notify the other 27.28 party of the accident or illness, and the name of the health 27.29 care provider and the place of treatment. Each party has the 27.30 right to reasonable access and telephone contact with the minor 27.31 children. The court may waive any of the rights under this 27.32 section if it finds it is necessary to protect the welfare of a 27.33 party or child. 27.34 (c) Solely for the purposes of interpreting or applying 27.35 state, federal, tribal, and international law which provides or 27.36 requires a designation or determination of custody, a parenting 28.1 plan under section 518.152 shall designate a parent as 28.2 custodian. The parent with whom the child is scheduled to 28.3 reside a majority of the time may be designated the custodian, 28.4 or the parents may agree that they shall be designated joint 28.5 legal or physical custodians, if they set forth the reasons for 28.6 this agreement. This designation shall not affect either 28.7 parent's rights and responsibilities under the parenting plan or 28.8 support order. 28.9 ARTICLE 3 28.10 PARENTING PLAN ALTERNATIVE 28.11 Section 1. [518D.01] [PARENTING PLANS; APPLICATION.] 28.12 This chapter takes effect in a judicial district upon its 28.13 adoption by a majority vote of the judges of that district, and 28.14 upon subsequent approval by the supreme court. Upon adoption, 28.15 this chapter applies to all proceedings commenced on and after 28.16 the date of adoption in the judicial district. Adoption of this 28.17 chapter may be rescinded by a majority vote of the judges in the 28.18 district and the subsequent approval of the supreme court. 28.19 Rescission shall be prospective in effect, and the provisions of 28.20 this chapter shall continue to apply to proceedings commenced 28.21 before rescission. 28.22 Sec. 2. [518D.02] [DEFINITIONS.] 28.23 (a) Unless otherwise agreed by the parties, the terms used 28.24 in this chapter have the meanings given in this section. 28.25 (b) "Parenting plan" means a court-ordered or 28.26 court-approved plan determining: 28.27 (1) parenting obligations; 28.28 (2) parental decision-making authority; and 28.29 (3) a parenting schedule. 28.30 (c) "Parenting obligations" means the duties of each parent 28.31 or acting parent concerning the child's upbringing, including 28.32 daily care, education, health care, religious training, and 28.33 other parental duties. 28.34 (d) "Parenting schedule" means the parenting plan 28.35 provisions regarding time a child spends with each parent, as 28.36 well as transportation arrangements and provisions for exchange 29.1 of the child between parents, including restrictions, such as 29.2 supervised parenting. 29.3 (e) "Parental decision making" means designation in a 29.4 parenting plan of mutual, primary, limited, or no responsibility 29.5 for decisions regarding the following issues: 29.6 (1) education, health care, and religious training; 29.7 (2) the child's daily care, schoolwork and activities, 29.8 participation in religious activities, and extra-curricular 29.9 activities; 29.10 (3) consistent discipline and behavioral consequences; 29.11 (4) the child's changing developmental needs; 29.12 (5) the special needs of a child; 29.13 (6) professional resources for the child; 29.14 (7) the time, place, or manner of communication between the 29.15 parents; 29.16 (8) the child's relationship with grandparents and other 29.17 significant persons; 29.18 (9) deviations from the regular parenting schedule; 29.19 (10) future resolution of parental conflict; and 29.20 (11) any other issues pertaining to the child. 29.21 All parenting plans must include a designation of responsibility 29.22 for decisions regarding the issues in clauses (1) to (3) and may 29.23 include a designation of responsibility for decisions regarding 29.24 the issues in clauses (4) to (11). 29.25 There is a presumption, subject to the best interests of 29.26 the child, that both parents shall have rights and 29.27 responsibilities to participate in these decisions, though not 29.28 necessarily equal rights and responsibilities. However, the 29.29 court shall use a presumption that it is not in the best 29.30 interests of the child for both parents to have substantially 29.31 equal rights and responsibilities to participate in these 29.32 decisions or to have substantially equal parenting time if 29.33 domestic abuse, as defined in section 518B.01, has occurred 29.34 between the parties. If domestic abuse, as defined in section 29.35 518B.01, has occurred, the parenting plan shall include 29.36 appropriate provisions for the protection of the child 30.1 consistent with the provisions of chapter 518. 30.2 (f) "Parenting proceeding" includes proceedings in which a 30.3 parenting plan is at issue, such as an action for dissolution, 30.4 divorce, or separation, and includes proceedings involving 30.5 children who are in need of protection or services, domestic 30.6 abuse, and paternity, but does not include a proceeding under 30.7 section 256.87. 30.8 (g) "Acting parent" is a person other than a parent who has 30.9 parenting obligations and rights under a parenting plan. 30.10 (h) "Professional parenting plan evaluator" means someone 30.11 who has at a minimum postdegree training in domestic violence 30.12 issues and experience in domestic violence work; and: 30.13 (1) before the effective date of this section was serving 30.14 as a court services or county personnel; or 30.15 (2) began serving after the effective date of this section, 30.16 and, whether or not serving as county or court services 30.17 personnel, has the following qualifications: 30.18 (i) a master's degree in family social science, child 30.19 development and family relations, family science, counseling, 30.20 social work, psychology, human development, counseling 30.21 psychology, marriage family counseling, or family systems; and 30.22 (ii) a minimum of three years full-time professional 30.23 experience working with families. 30.24 (i) "Mediation" means a process in which an impartial third 30.25 party facilitates an agreement between two or more parties in a 30.26 proceeding under this chapter. 30.27 Sec. 3. [518D.03] [TITLES OF PROCEEDINGS.] 30.28 A proceeding for dissolution of marriage, legal separation, 30.29 or annulment shall be entitled "In re the Marriage of .......... 30.30 and ..........." A parenting proceeding shall be entitled "In 30.31 re the (Parenting Plan) of ..........." 30.32 Sec. 4. [518D.04] [SUMMONS; SPECIAL PROVISIONS.] 30.33 (a) In addition to complying with the provisions of section 30.34 518.091, a summons in a matter governed by this chapter must 30.35 contain the following paragraph. 30.36 (b) RESOURCES ARE AVAILABLE TO ASSIST YOU IN REDUCING THE 31.1 CONFLICT OF DIVORCE. YOU ARE REQUIRED TO CONSIDER MEDIATION OR 31.2 ALTERNATIVE DISPUTE RESOLUTION. YOU MAY CONTACT THE COURT 31.3 ADMINISTRATOR ABOUT RESOURCES IN YOUR AREA. IF YOU CANNOT PAY 31.4 FOR MEDIATION OR ALTERNATIVE DISPUTE RESOLUTION, ASSISTANCE MAY 31.5 BE AVAILABLE TO YOU THROUGH THE DISTRICT COURT OR A NONPROFIT 31.6 PROVIDER. IF YOU ARE A VICTIM OF DOMESTIC ABUSE, YOU ARE NOT 31.7 REQUIRED TO TRY MEDIATION AND YOU WILL NOT BE PENALIZED BY THE 31.8 COURT IN LATER PROCEEDINGS. 31.9 (c) The provisions of paragraph (b) need not be included in 31.10 a published summons. 31.11 Sec. 5. [518D.05] [TEMPORARY ORDERS AND RESTRAINING 31.12 ORDERS.] 31.13 Subdivision 1. [CONTENTS OF ORDER.] In a parenting 31.14 proceeding, dissolution, or legal separation, or a proceeding 31.15 for disposition of property, maintenance, or child support 31.16 following the dissolution of a marriage, either party may, by 31.17 motion, request from the court and the court may grant a 31.18 temporary order pending the final disposition of the proceeding 31.19 to or for: 31.20 (1) a temporary parenting plan for the minor children of 31.21 the parties; 31.22 (2) temporary maintenance of either spouse; 31.23 (3) temporary child support for the children of the 31.24 parties; 31.25 (4) temporary costs and reasonable attorney fees; 31.26 (5) award the temporary use and possession, exclusive or 31.27 otherwise, of the family home, furniture, household goods, 31.28 automobiles, and other property of the parties; 31.29 (6) restrain one or both parties from transferring, 31.30 encumbering, concealing, or disposing of property except in the 31.31 usual course of business or for the necessities of life, and to 31.32 account to the court for all such transfers, encumbrances, 31.33 dispositions, and expenditures made after the order is served or 31.34 communicated to the party restrained in open court; 31.35 (7) restrain one or both parties from harassing, vilifying, 31.36 mistreating, molesting, disturbing the peace, or restraining the 32.1 liberty of the other party or the children of the parties; 32.2 (8) restrain one or both parties from removing any minor 32.3 child of the parties from the jurisdiction of the court; 32.4 (9) exclude a party from the family home of the parties or 32.5 from the home of the other party; and 32.6 (10) require one or both of the parties to perform or to 32.7 not perform such additional acts as will facilitate the just and 32.8 speedy disposition of the proceeding, or will protect the 32.9 parties or their children from physical or emotional harm. 32.10 Subd. 2. [PROHIBITED TERMS.] A temporary order may not: 32.11 (1) deny a parent the right to participate in a parenting 32.12 schedule unless the court finds that participation by that 32.13 parent is likely to cause physical or emotional harm to the 32.14 child; 32.15 (2) exclude a party from the family home of the parties 32.16 unless the court finds that physical or emotional harm to one of 32.17 the parties or to the children of the parties is likely to 32.18 result, or that the exclusion is reasonable in the 32.19 circumstances; or 32.20 (3) vacate or modify an order granted under section 32.21 518B.01, subdivision 6, paragraph (a), clause (1), restraining 32.22 an abusing party from committing acts of domestic abuse, except 32.23 that the court may hear a motion for modification of an order 32.24 for protection concurrently with a proceeding for dissolution of 32.25 marriage upon notice of motion and motion. The notice required 32.26 by court rule shall not be waived. If the proceedings are 32.27 consolidated and the motion to modify is granted, a separate 32.28 order for modification of an order for protection shall be 32.29 issued. 32.30 Subd. 3. [EX PARTE ORDERS.] A party may request and the 32.31 court may make an ex parte restraining order which may include 32.32 any matter that may be included in a temporary order except it 32.33 may not: 32.34 (1) exclude either party from the family home of the 32.35 parties except upon a finding by the court of immediate danger 32.36 of physical harm to the other party or the children of either 33.1 party; or 33.2 (2) deny participation in a parenting schedule to either 33.3 party except upon a finding by the court of immediate danger of 33.4 physical harm to the minor children of the parties. 33.5 Subd. 4. [SERVICE; HEARINGS.] A restraining order must be 33.6 personally served upon the party to be restrained and must be 33.7 accompanied by a notice of the time and place of hearing for 33.8 disposition of the matters contained in the restraining order at 33.9 a hearing for a temporary order. If a restraining order has 33.10 been issued, a hearing on the temporary order must be held at 33.11 the earliest practicable date. The restrained party may upon 33.12 written notice to the other party advance the hearing date to a 33.13 time earlier than that noticed by the other party. The 33.14 restraining order continues in full force and effect only until 33.15 the hearing time noticed, unless the court, for good cause and 33.16 upon notice, extends the time for hearing. 33.17 Subd. 5. [DURATION.] A temporary order continues in full 33.18 force and effect until the earlier of its amendment or vacation, 33.19 dismissal of the main action, or entry of a final decree of 33.20 dissolution or legal separation. 33.21 Subd. 6. [EFFECT OF DISMISSAL.] If a proceeding for 33.22 dissolution or legal separation is dismissed, a temporary order 33.23 which includes a parenting plan is vacated unless one of the 33.24 parties or the child's acting parent moves that the proceeding 33.25 continue as a parenting proceeding and the court finds, after a 33.26 hearing, that the circumstances of the parties and the best 33.27 interests of the child require a parenting plan. 33.28 Subd. 7. [GUIDANCE.] The court shall be guided by the 33.29 factors set forth in sections 518.551 (concerning child 33.30 support), 518.552 (concerning maintenance), 518D.13 and 518D.14 33.31 (concerning parenting plans), and 518.14 (concerning costs and 33.32 attorney fees) in making temporary orders and restraining orders. 33.33 Subd. 8. [BASIS FOR ORDER.] Temporary orders must be made 33.34 solely on the basis of affidavits and argument of counsel except 33.35 upon demand by either party in a motion or responsive motion 33.36 made within the time limit for making and filing a responsive 34.1 motion that the matter be heard on oral testimony before the 34.2 court, or if the court in its discretion orders the taking of 34.3 oral testimony. 34.4 Subd. 9. [EFFECT OF ORDER; REVOCATION; MODIFICATION.] A 34.5 temporary order or restraining order: 34.6 (1) does not prejudice the rights of the parties or the 34.7 child which are to be adjudicated at subsequent hearings in the 34.8 proceeding; and 34.9 (2) may be revoked or modified by the court before the 34.10 final disposition of the proceeding upon the same grounds and 34.11 subject to the same requirements as the initial granting of the 34.12 order. 34.13 Subd. 10. [MISDEMEANOR.] In addition to being punishable 34.14 by contempt, a violation of a provision of a temporary order or 34.15 restraining order granting the relief authorized in subdivision 34.16 1, clause (6), (7), or (8), is a misdemeanor. 34.17 Sec. 6. [518D.06] [PARENTING PLAN DETERMINATIONS.] 34.18 Notwithstanding any law to the contrary, a court in which a 34.19 proceeding for dissolution, legal separation, or a parenting 34.20 plan has been commenced shall not issue, revise, modify, or 34.21 amend any order, pursuant to section 518.131, 518.165, 518.168, 34.22 518.17, 518.175, or 518.18, which affects the parenting plan of 34.23 a minor child unless the court has jurisdiction over the matter 34.24 pursuant to the provisions of sections 518A.01 to 518A.25. 34.25 Sec. 7. [518D.07] [COMMENCEMENT OF PARENTING PROCEEDING.] 34.26 Subdivision 1. [PROCEDURE.] In a court of this state which 34.27 has jurisdiction to order a parenting plan, a parenting 34.28 proceeding is commenced: 34.29 (1) by a parent: 34.30 (i) by filing a petition for dissolution or legal 34.31 separation; or 34.32 (ii) if a decree of dissolution or legal separation has 34.33 been entered or if none is sought, or when paternity has been 34.34 recognized under section 257.75, by filing a petition or motion 34.35 seeking a parenting plan regarding the child in the county where 34.36 the child is permanently resident or where the child is found or 35.1 where an earlier order for a parenting plan regarding the child 35.2 has been entered; or 35.3 (2) by a person other than a parent, if a decree of 35.4 dissolution or legal separation has been entered or if none is 35.5 sought by filing a petition or motion seeking a parenting order 35.6 regarding the child in the county where the child is permanently 35.7 resident or where the child is found or where an earlier 35.8 parenting order regarding the child has been entered. A person 35.9 seeking to participate in a parenting schedule pursuant to this 35.10 paragraph must qualify under one of the provisions of section 35.11 257.022. 35.12 Subd. 2. [WRITTEN NOTICE; PARTIES.] Written notice of 35.13 parenting proceedings must be given to the child's parent, 35.14 guardian, and custodian, who may appear and be heard and may 35.15 file a responsive pleading. The court may, upon a showing of 35.16 good cause, permit the intervention of other interested parties. 35.17 Sec. 8. [518D.08] [PARENT EDUCATION PROGRAMS.] 35.18 In a judicial district where this chapter is in effect, the 35.19 parent education programs required by section 518.157 shall 35.20 address issues arising under parenting plans rather than issues 35.21 raised by custody and visitation law. 35.22 Sec. 9. [518D.09] [GUARDIAN AD LITEM.] 35.23 Subdivision 1. [PERMISSIVE APPOINTMENT OF GUARDIAN AD 35.24 LITEM.] In all parenting proceedings the court may appoint a 35.25 guardian ad litem from a panel established by the court to 35.26 represent the interests of the child. The guardian ad litem 35.27 shall advise the court with respect to the parenting plan and 35.28 support. 35.29 Subd. 2. [REQUIRED APPOINTMENT OF GUARDIAN AD LITEM.] In 35.30 all parenting proceedings, if the court has reason to believe 35.31 that the minor child is a victim of domestic child abuse or 35.32 neglect, as those terms are defined in sections 260.015 and 35.33 626.556, respectively, the court shall appoint a guardian ad 35.34 litem. The guardian ad litem shall represent the interests of 35.35 the child and advise the court with respect to support and 35.36 parenting plans. If the child is represented by a guardian ad 36.1 litem in any other pending proceeding, the court may appoint 36.2 that guardian to represent the child in the custody or 36.3 visitation proceeding. No guardian ad litem need be appointed 36.4 if the alleged domestic child abuse or neglect is before the 36.5 court on a juvenile dependency and neglect petition. Nothing in 36.6 this subdivision requires the court to appoint a guardian ad 36.7 litem in any parenting proceeding in which an allegation of 36.8 domestic child abuse or neglect has not been made. 36.9 Subd. 3. [RESPONSIBILITIES OF GUARDIAN AD LITEM.] A 36.10 guardian ad litem shall carry out the following responsibilities: 36.11 (1) conduct an independent investigation to determine the 36.12 facts relevant to the situation of the child and the family, 36.13 which must include, unless specifically excluded by the court, 36.14 reviewing relevant documents; meeting with and observing the 36.15 child in the home setting and considering the child's wishes, as 36.16 appropriate; and interviewing parents, caregivers, and others 36.17 with knowledge relevant to the case; and return to the court a 36.18 plan for the future care and parenting of the child that allows 36.19 both parents to maintain a relationship with the child, unless 36.20 that would be contrary to the best interests of the child; 36.21 (2) advocate for the child's best interests by 36.22 participating in appropriate aspects of the case and advocating 36.23 for appropriate community services when necessary; 36.24 (3) maintain the confidentiality of information related to 36.25 a case, with the exception of sharing information as permitted 36.26 by law to promote cooperative solutions that are in the best 36.27 interests of the child; 36.28 (4) monitor the child's best interests throughout the 36.29 judicial proceeding; and 36.30 (5) present written reports on the child's best interests 36.31 that include conclusions and recommendations and the facts upon 36.32 which they are based and provide for a relationship between the 36.33 child and both parents if that is in the child's best interests. 36.34 Subd. 4. [FEES.] A guardian ad litem appointed under 36.35 subdivision 1 or 2 may be appointed as a volunteer or on a fee 36.36 basis. If a guardian ad litem is appointed on a fee basis, the 37.1 court shall enter an order for costs, fees, and disbursements in 37.2 favor of the child's guardian ad litem. The order may be made 37.3 against either or both parties, except that any part of the 37.4 costs, fees, or disbursements which the court finds the parties 37.5 are incapable of paying shall be borne by the county in which 37.6 the proceeding is being held. In no event may the court order 37.7 that costs, fees, or disbursements be paid by a party receiving 37.8 public assistance or legal assistance or by a party whose annual 37.9 income falls below the poverty line as established under United 37.10 States Code, title 42, section 9902(2). 37.11 Sec. 10. [518D.10] [INTERVIEWS.] 37.12 The court may interview the child in chambers to ascertain 37.13 the child's views, preferences, or concerns about a proposed 37.14 parenting plan if the court deems the child to be of sufficient 37.15 age and maturity. The court shall permit counsel to be present 37.16 at the interview and shall permit counsel to propound reasonable 37.17 questions to the child either directly or through the court. 37.18 The court shall cause a record of the interview to be made and 37.19 to be made part of the record in the case unless waived by the 37.20 parties. 37.21 Sec. 11. [518D.11] [INVESTIGATIONS AND REPORTS.] 37.22 Subdivision 1. [GENERAL.] In contested parenting 37.23 proceedings, and in other parenting proceedings if a parent or 37.24 the child's acting parent requests, the court may seek the 37.25 services and recommendations of a professional parenting plan 37.26 evaluator concerning the parenting plan for the child. The 37.27 professional parenting plan evaluator may interview the child to 37.28 learn the child's views, preferences, or concerns about a 37.29 proposed parenting plan if the professional parenting plan 37.30 evaluator deems the child to be of sufficient age and maturity. 37.31 To the extent that a parent desires to be, or has been, involved 37.32 in a child's life, the report must recommend a parenting plan 37.33 that will permit both parents to continue to be involved parents 37.34 in the life of the child, unless that would be contrary to the 37.35 best interests of the child. There shall be no presumption in 37.36 favor of joint physical custody or of scheduling the child to 38.1 reside an equal amount of time with each parent. 38.2 Subd. 2. [PREPARATION.] (a) In preparing a report 38.3 concerning a child, the professional parenting plan evaluator 38.4 may consult any person who may have information about the child 38.5 and the potential parenting arrangements except for persons 38.6 involved in mediation efforts between the parties. Mediation 38.7 personnel may disclose to professional parenting plan evaluators 38.8 information collected during mediation only if agreed to in 38.9 writing by all parties, including the mediator. Upon order of 38.10 the court, the professional parenting plan evaluator may refer 38.11 the child to other professional personnel for diagnosis. The 38.12 professional parenting plan evaluator may consult with and 38.13 obtain information from medical, psychiatric, school personnel, 38.14 or other expert persons who have served the child in the past 38.15 after obtaining the consent of the parents or the child's acting 38.16 parent or guardian. 38.17 (b) The report submitted by the professional parenting plan 38.18 evaluator must consider and evaluate the factors in section 38.19 518.17, and include a detailed analysis of all information 38.20 considered for each factor. The report must state the position 38.21 of each party and the professional parenting plan evaluator's 38.22 recommended parenting plan and the reason for the 38.23 recommendation, and reference established means for dispute 38.24 resolution between the parties. 38.25 Subd. 3. [AVAILABILITY TO COUNSEL.] The court shall mail 38.26 the professional parenting plan evaluator's recommended 38.27 parenting plan to counsel and to any party not represented by 38.28 counsel at least ten days before the hearing. The professional 38.29 parenting plan evaluator shall maintain and, upon request, make 38.30 available to counsel and to a party not represented by counsel 38.31 the professional parenting plan evaluator's file of underlying 38.32 data and reports, complete texts of diagnostic reports made to 38.33 the professional parenting plan evaluator pursuant to the 38.34 provisions of subdivision 2, and the names and addresses of all 38.35 persons whom the professional parenting plan evaluator has 38.36 consulted. The professional parenting plan evaluator and any 39.1 person the professional parenting plan evaluator has consulted 39.2 are subject to other pretrial discovery in accordance with the 39.3 requirements of the Minnesota Rules of Civil Procedure. 39.4 Mediation proceedings are not subject to discovery without 39.5 written consent of both parties and the written consent of the 39.6 mediator. A party to the proceeding may call the professional 39.7 parenting plan evaluator and any person whom the professional 39.8 parenting plan evaluator has consulted for cross-examination at 39.9 the hearing. A party may not waive the right of 39.10 cross-examination before the hearing. 39.11 Subd. 4. [USE AT HEARING.] The professional parenting plan 39.12 evaluator's recommended parenting plan may be received in 39.13 evidence at the hearing. 39.14 Subd. 5. [COSTS.] The court shall order all or part of the 39.15 cost of the investigation and preparation of the recommended 39.16 parenting plan to be paid by either or both parties, based on 39.17 their ability to pay. Any part of the cost that the court finds 39.18 the parties are incapable of paying must be borne by the county 39.19 welfare agency or department of court services that prepares the 39.20 parenting plan. The court may not order costs under this 39.21 subdivision to be paid by a party receiving public assistance or 39.22 legal assistance from a qualified legal services program or by a 39.23 party whose annual income falls below the poverty line under 39.24 United States Code, title 42, section 9902(2). 39.25 Sec. 12. [518D.12] [HEARINGS.] 39.26 (a) Parenting proceedings shall receive priority in being 39.27 set for hearing. 39.28 (b) The court may tax as costs the payment of necessary 39.29 travel and other expenses incurred by a person whose presence at 39.30 the hearing the court deems necessary to determine the best 39.31 interests of the child. 39.32 (c) The court without a jury shall determine questions of 39.33 law and fact. If it finds that a public hearing may be 39.34 detrimental to the child's best interests, the court may exclude 39.35 the public from a parenting proceeding, but may admit any person 39.36 who has a direct interest in the particular case. 40.1 (d) If the court finds it necessary for the protection of 40.2 the child's welfare that the record of an interview, report, 40.3 investigation, or testimony in a parenting proceeding be kept 40.4 secret, the court may make an appropriate order sealing the 40.5 record. 40.6 Sec. 13. [518D.13] [THE BEST INTERESTS OF THE CHILD.] 40.7 (a) For the purposes of this chapter, "the best interests 40.8 of the child" means all relevant factors to be considered and 40.9 evaluated by the court including: 40.10 (1) the wishes of the child's parent or parents as to 40.11 parenting obligations and parenting schedules; 40.12 (2) the child's views, preferences, and concerns regarding 40.13 the parenting plan, if the court deems the child to be of 40.14 sufficient age and maturity; 40.15 (3) the history of parental caregiving; 40.16 (4) the intimacy of the relationship between each parent 40.17 and the child; 40.18 (5) the interaction and interrelationship of the child with 40.19 a parent or parents, siblings, and any other person who may 40.20 significantly affect the child's best interests; 40.21 (6) the child's adjustment to home, school, and community; 40.22 (7) the length of time the child has lived in a stable, 40.23 satisfactory environment and the desirability of maintaining 40.24 continuity; 40.25 (8) the permanence, as a family unit, of the existing or 40.26 proposed residential arrangement; 40.27 (9) the mental and physical health of all individuals 40.28 involved; except that a disability, as defined in section 40.29 363.01, of a parent or the child shall not be determinative of 40.30 the parenting arrangements, unless the proposed parenting 40.31 arrangement is not in the best interest of the child; 40.32 (10) the capacity and disposition of the parties to give 40.33 the child love, affection, and guidance, and to continue 40.34 educating and raising the child in the child's culture and 40.35 religion or creed, if any; 40.36 (11) the child's cultural background; 41.1 (12) the effect on the child of the actions of an abuser, 41.2 if related to domestic abuse, as defined in section 518B.01, 41.3 that has occurred between the parents or between a parent and 41.4 another individual, whether or not the individual alleged to 41.5 have committed domestic abuse is or ever was a family or 41.6 household member of the parent; 41.7 (13) except in cases in which a finding of domestic abuse 41.8 as defined in section 518B.01 has been made, the disposition of 41.9 each parent to encourage and permit frequent and continuing 41.10 contact by the other parent with the child; 41.11 (14) the ability of parents to cooperate in the rearing of 41.12 their child; 41.13 (15) methods for resolving disputes regarding any major 41.14 decision concerning the life of the child, and the parents' 41.15 willingness to use those methods; 41.16 (16) whether it would be detrimental to the child if one 41.17 parent were to have significantly more parental decision-making 41.18 authority under the parenting plan than the other parent; and 41.19 (17) whether domestic abuse, as defined in section 518B.01, 41.20 has occurred between the parents or between a parent and a child. 41.21 If the court enters a parenting plan over the objection of 41.22 a party, the court shall make detailed findings on each of the 41.23 factors in this paragraph and explain how the factors led to its 41.24 determination that the parenting plan would be in the best 41.25 interests of the child. 41.26 The court may not use one factor to the exclusion of all 41.27 others. 41.28 (b) In a parenting proceeding under this chapter, the court 41.29 shall not consider conduct of a party that does not affect the 41.30 party's relationship to the child. 41.31 Sec. 14. [518D.14] [PARENTING PLAN.] 41.32 (a) Upon adjudging the nullity of a marriage, or in a 41.33 dissolution or separation proceeding, or in a parenting 41.34 proceeding, the court shall make such further order as it deems 41.35 just and proper concerning a parenting plan. In determining a 41.36 parenting plan, the court shall consider the best interests of 42.1 each child and shall not prefer one parent over the other solely 42.2 on the basis of the sex of the parent. In determining a 42.3 parenting plan, there shall be no presumption in favor of joint 42.4 physical custody or of scheduling the child to reside an equal 42.5 amount of time with each parent. Both parents shall remain 42.6 parents of the child unless the parental rights of one or both 42.7 of them have been terminated under chapter 260. 42.8 (b) Solely for the purposes of interpreting or applying 42.9 state, federal, tribal, and international law which provides or 42.10 requires a designation or determination of custody, a parenting 42.11 plan shall designate a parent as the custodian of the child. 42.12 The parent with whom the child is scheduled to reside a majority 42.13 of the time shall be designated the custodian, unless the 42.14 parents agree that both shall be designated custodians for the 42.15 purposes of these laws. However, this designation shall not 42.16 affect either parent's rights and responsibilities under the 42.17 parenting plan or support order. 42.18 (c) The court shall grant the following rights to each of 42.19 the parties, unless specific findings are made under section 42.20 518.68, subdivision 1. Each party has the right of access to, 42.21 and to receive copies of, school, medical, dental, religious 42.22 training, and other important records and information about the 42.23 minor children. Each party has the right of access to 42.24 information regarding health or dental insurance available to 42.25 the minor children. Each party shall keep the other party 42.26 informed as to the name and address of the school of attendance 42.27 of the minor children. Each party has the right to be informed 42.28 by school officials about the children's welfare, educational 42.29 progress and status, and to attend school and parent-teacher 42.30 conferences. The school is not required to hold a separate 42.31 conference for each party. In case of an accident or serious 42.32 illness of a minor child, each party shall notify the other 42.33 party of the accident or illness, and the name of the health 42.34 care provider and the place of treatment. Each party has the 42.35 right to reasonable access and telephone contact with the minor 42.36 children. The court may waive any of the rights under this 43.1 section if it finds it is necessary to protect the welfare of a 43.2 party or child. 43.3 Sec. 15. [518D.15] [IMPLEMENTATION OF THE PARENTING PLAN.] 43.4 Subdivision 1. [ESTABLISHMENT; ENFORCEMENT; DISPUTES.] (a) 43.5 In all proceedings for dissolution or legal separation, 43.6 subsequent to the commencement of the proceeding and continuing 43.7 during the minority of the child, the court shall, upon the 43.8 request of either parent, establish a schedule that will enable 43.9 the child and each parent to maintain a child to parent 43.10 relationship that will be in the best interests of the child. 43.11 If the court finds, after a hearing, that a parent's 43.12 participation in the parenting schedule is likely to endanger 43.13 the child's physical or emotional health or impair the child's 43.14 emotional development, the court shall restrict participation in 43.15 the parenting schedule in regard to time, place, duration, or 43.16 supervision and may deny participation entirely, as the 43.17 circumstances warrant. The court shall consider the age of the 43.18 child and the child's relationship with each parent prior to the 43.19 commencement of the proceeding. A parent's failure to pay 43.20 support because of the parent's inability to do so shall not be 43.21 sufficient cause to deny participation in the parenting schedule. 43.22 (b) The court may provide that a law enforcement officer or 43.23 other appropriate person will accompany a party seeking to 43.24 enforce or comply with parenting schedules. 43.25 (c) Upon request of either party, to the extent 43.26 practicable, a parenting plan must include a specific parenting 43.27 schedule including the frequency and duration of parenting time 43.28 and exchanges during holidays and vacations, unless 43.29 participation in a parenting schedule is restricted, denied, or 43.30 reserved. 43.31 (d) The court administrator shall provide a form for a pro 43.32 se motion regarding parenting schedule disputes, which includes 43.33 provisions for indicating the relief requested, an affidavit in 43.34 which the party may state the facts of the dispute, and a brief 43.35 description of the family dispute mediation process under 43.36 section 518D.16. The court shall provide instructions on 44.1 serving and filing the motion. 44.2 Subd. 2. [DOMESTIC ABUSE; SUPERVISED PARENTING.] (a) If a 44.3 parent requests supervised parenting under subdivision 1 or 5 44.4 and an order for protection under chapter 518B or a similar law 44.5 of another state is in effect against the other parent to 44.6 protect a parent or the child, the judge or judicial officer 44.7 must consider the order for protection in making a decision 44.8 regarding participation in the parenting plan. 44.9 (b) The state court administrator, in consultation with 44.10 representatives of parents and other interested persons, shall 44.11 develop standards to be met by persons who are responsible for 44.12 supervising participation in a parenting plan. Either parent 44.13 may challenge the appropriateness of an individual chosen by the 44.14 court to supervise participation in a parenting plan. 44.15 Subd. 3. [INFORMING CHILD; PARENTING EXCHANGES.] Upon the 44.16 request of either parent, the court may inform any child of the 44.17 parties, if eight years of age or older, or otherwise of an age 44.18 of suitable comprehension, of the rights of the child and the 44.19 parents under the order or decree or any substantial amendment 44.20 to it. Each parent shall present the child for exchanges at 44.21 such times as the court directs. 44.22 Subd. 4. [REMOVAL OF CHILD.] A parent shall not move the 44.23 residence of the child to another state except upon order of the 44.24 court or with the consent of the other parent, if the other 44.25 parent has been given parenting obligations or a parenting 44.26 schedule by court order. 44.27 The court shall consider the following factors in 44.28 determining whether or not to allow the move of the residence of 44.29 a child to another state: 44.30 (1) whether the prospective move has the capacity to 44.31 improve the quality of life for both the parent proposing the 44.32 move and the child; 44.33 (2) whether the move is motivated by a desire of the parent 44.34 proposing the move to defeat or frustrate a relationship between 44.35 the child and the other parent, and whether the parent who 44.36 proposes to move is likely to comply with a revised parenting 45.1 schedule when the parent is no longer subject to the 45.2 jurisdiction of this state; 45.3 (3) the degree to which the court is satisfied that there 45.4 will be a realistic opportunity for a revised parenting schedule 45.5 that will provide an adequate basis for preserving and fostering 45.6 the parental relationship with the parent who opposes removal; 45.7 (4) the existence of domestic violence between the parents; 45.8 (5) any history of unwarranted denial of scheduled 45.9 parenting time by the parent proposing to remove the child; 45.10 (6) whether the parent who opposes the move has exercised 45.11 rights and complied with duties under the existing parenting 45.12 schedule; and 45.13 (7) the child's relationship with extended family members. 45.14 If the court permits the move, the court shall also order a 45.15 revised parenting schedule, and shall address arrangements for 45.16 exchange and transportation of the children and increased costs 45.17 associated with the new parenting schedule by allocation between 45.18 the parents or by adjusting child support. 45.19 Subd. 5. [SUPERVISED OR SUSPENDED PARENTING.] Except as 45.20 provided in section 631.52, the court may not suspend a parent's 45.21 participation in a parenting schedule or provide for supervised 45.22 parenting unless it finds that: 45.23 (1) the parent's participation is likely to endanger the 45.24 child's physical or emotional health or impair the child's 45.25 emotional development; or 45.26 (2) a parent has chronically and unreasonably failed to 45.27 comply with a court-ordered parenting schedule. 45.28 If a parent makes specific allegations that the parenting 45.29 schedule or the conduct of the other parent places a parent or 45.30 child in danger of harm, the court shall hold a hearing at the 45.31 earliest possible time to determine the need to modify the order 45.32 establishing the parenting plan. Consistent with subdivision 1, 45.33 paragraph (a), the court may require a third party, including 45.34 the local social services agency, to supervise participation in 45.35 the parenting schedule or may restrict a parent's participation 45.36 in the parenting schedule if necessary to protect the other 46.1 parent or the child from harm. 46.2 Subd. 6. [REMEDIES.] (a) The court may provide for one or 46.3 more of the following remedies for denial of or interference 46.4 with a court-ordered parenting schedule as provided under this 46.5 subdivision. All parenting orders must include notice of the 46.6 provisions of this subdivision. 46.7 (b) If the court finds that a person has been deprived of 46.8 time with a child under a court-ordered parenting plan, the 46.9 court shall order the other parent to permit additional time to 46.10 compensate for the lost time or the court shall make specific 46.11 findings as to why a request for compensatory time is denied. 46.12 If compensatory time is awarded, it must be: 46.13 (1) at least of the same type and duration as the deprived 46.14 parenting time and, at the discretion of the court, may be in 46.15 excess of or of a different type than the deprived parenting 46.16 time; 46.17 (2) taken within one year after the deprived parenting 46.18 time; and 46.19 (3) at a time acceptable to the person deprived of time 46.20 with the child under the plan. 46.21 (c) If the court finds that a party has wrongfully failed 46.22 to comply with a parenting plan or a binding agreement or 46.23 decision under section 518D.16, the court may: 46.24 (1) impose a civil penalty of up to $500 on the party; 46.25 (2) require the party to post a bond with the court for a 46.26 specified period of time to secure the party's compliance; 46.27 (3) award reasonable attorney's fees and costs; 46.28 (4) require the party who violated the parenting schedule 46.29 or binding agreement or decision of the family dispute mediator 46.30 to reimburse the other party for costs incurred as a result of 46.31 the violation of the order or agreement or decision; or 46.32 (5) award any other remedy that the court finds to be in 46.33 the best interests of the child. 46.34 A civil penalty imposed under this paragraph must be 46.35 deposited in the county general fund and must be used to fund 46.36 the costs of a family dispute mediator program in a county with 47.1 this program. In other counties, the civil penalty must be 47.2 deposited in the state general fund. 47.3 (d) If the court finds that a party has been denied 47.4 parenting time with a child by the other parent and has incurred 47.5 expenses in connection with the denial, the court may require 47.6 the party who denied the parenting time to post a bond in favor 47.7 of the other party in the amount of prepaid expenses associated 47.8 with an upcoming planned exchange of the child. 47.9 (e) Proof of an unwarranted denial of or interference with 47.10 a duly established parenting plan may constitute contempt of 47.11 court and may be sufficient cause for a modification under 47.12 section 518D.20. 47.13 Subd. 7. [GRANDPARENT VISITATION.] In all proceedings for 47.14 dissolution or legal separation, after the commencement of the 47.15 proceedings or at any time after completion of the proceedings, 47.16 and continuing during the minority of the child, the court may 47.17 make an order granting visitation rights to grandparents under 47.18 section 257.022, subdivision 2. 47.19 Subd. 8. [CHILD CARE.] The court may allow additional time 47.20 to a parent to provide child care while the other parent is 47.21 working if this arrangement is reasonable and in the best 47.22 interests of the child, as defined in section 518.17, 47.23 subdivision 1. In addition, the court shall consider: 47.24 (1) the ability of the parents to cooperate; 47.25 (2) methods for resolving disputes regarding the care of 47.26 the child, and the parents' willingness to use those methods; 47.27 and 47.28 (3) whether domestic abuse, as defined in section 518B.01, 47.29 has occurred between the parties. 47.30 Sec. 16. [518D.16] [PARENTING SCHEDULE; DISPUTE 47.31 RESOLUTION; FAMILY DISPUTE MEDIATORS.] 47.32 Subdivision 1. [FAMILY DISPUTE MEDIATOR.] On request of 47.33 either party, the parties' stipulation, or upon the court's own 47.34 motion, the court may appoint a family dispute mediator to 47.35 resolve disputes regarding a parenting schedule that occur under 47.36 a court-ordered parenting schedule while a matter is pending 48.1 under this chapter or after a decree is entered. 48.2 Subd. 2. [EXCEPTIONS.] A party may not be required to 48.3 refer a parenting schedule dispute to a family dispute mediator 48.4 under this section if: 48.5 (1) one of the parties claims to be the victim of domestic 48.6 abuse by the other party; 48.7 (2) the court determines there is probable cause that one 48.8 of the parties or a child of the parties has been physically 48.9 abused or threatened with physical abuse by the other party; or 48.10 (3) the party is unable to pay the costs of the family 48.11 dispute mediator, as provided under subdivision 5. 48.12 If the court is satisfied that the parties have been 48.13 advised by counsel and have agreed to use the family dispute 48.14 mediator process and the process does not involve face-to-face 48.15 meeting of the parties, the court may direct that the family 48.16 dispute mediator process be used. 48.17 Subd. 3. [PURPOSE; DEFINITIONS.] (a) The purpose of a 48.18 family dispute mediator is to resolve parenting schedule 48.19 disputes by enforcing, interpreting, clarifying, and addressing 48.20 circumstances not specifically addressed by an existing 48.21 court-ordered parenting schedule and, if appropriate, to make a 48.22 determination as to whether the existing court-ordered parenting 48.23 schedule has been violated. A family dispute mediator may, at 48.24 the request of either or both parties, make adjustments in the 48.25 parenting schedule that do not significantly diminish or 48.26 increase the contact between the child and either parent. A 48.27 family dispute mediator may be appointed to resolve a one-time 48.28 parenting schedule dispute or to provide ongoing dispute 48.29 resolution services regarding a parenting schedule. 48.30 (b) For purposes of this section, "parenting schedule 48.31 dispute" means a disagreement between parties about departures 48.32 from an existing parenting schedule, including a dispute about 48.33 anticipated noncompliance, or disagreements about whether and 48.34 how to make minor adjustments to the schedule. "Parenting 48.35 schedule dispute" includes a claim by a parent that the other 48.36 parent is not participating in a parenting schedule with a child 49.1 and a claim by a parent that the other parent is denying or 49.2 interfering with participation in a parenting schedule. 49.3 (c) A "family dispute mediator" is a neutral person 49.4 authorized to use a mediation-arbitration process to resolve 49.5 parenting schedule disputes. A family dispute mediator shall 49.6 attempt to resolve a parenting schedule dispute by facilitating 49.7 negotiations between the parties to promote settlement and, if 49.8 it becomes apparent that the dispute cannot be resolved by an 49.9 agreement of the parties, the family dispute mediator shall make 49.10 a decision resolving the dispute. 49.11 Subd. 4. [APPOINTMENT.] (a) The parties may stipulate to 49.12 the appointment of a family dispute mediator or a team of two 49.13 family dispute mediators without appearing in court by 49.14 submitting to the court a written agreement identifying the 49.15 names of the individuals to be appointed by the court; the 49.16 nature of the dispute; the responsibilities of the family 49.17 dispute mediator, including whether the family dispute mediator 49.18 is appointed to resolve a specific issue or on an ongoing basis; 49.19 the term of the appointment; and the apportionment of fees and 49.20 costs. The court shall review the agreement of the parties. 49.21 (b) If the parties cannot agree on a family dispute 49.22 mediator, the court shall provide to the parties a copy of the 49.23 court administrator's roster of family dispute mediators and 49.24 require the parties to exchange the names of three potential 49.25 family dispute mediators by a specific date. If after 49.26 exchanging names the parties are unable to agree upon a family 49.27 dispute mediator, the court shall select the family dispute 49.28 mediator and, in its discretion, may appoint one family dispute 49.29 mediator or a team of two family dispute mediators. In the 49.30 selection process the court must give consideration to the 49.31 financial circumstances of the parties and the fees of those 49.32 being considered as family dispute mediators. Preference must 49.33 be given to persons who agree to volunteer their services or who 49.34 will charge a variable fee for services based on the ability of 49.35 the parties to pay for them. 49.36 (c) An order appointing a family dispute mediator must 50.1 identify the name of the individual to be appointed, the nature 50.2 of the dispute, the responsibilities of the family dispute 50.3 mediator including whether the family dispute mediator is 50.4 appointed to resolve a specific issue or on an ongoing basis, 50.5 the term of the appointment, the apportionment of fees, and 50.6 notice that if the parties are unable to reach an agreement with 50.7 the assistance of the family dispute mediator, the family 50.8 dispute mediator is authorized to make a decision resolving the 50.9 dispute which is binding upon the parties unless modified or 50.10 vacated by the court. 50.11 Subd. 5. [FEES.] Prior to appointing the family dispute 50.12 mediator, the court shall give the parties notice that the fees 50.13 of the family dispute mediator will be apportioned between the 50.14 parties. In its order appointing the family dispute mediator, 50.15 the court shall apportion the fees of the family dispute 50.16 mediator between the parties, with each party bearing the 50.17 portion of fees that the court determines is just and equitable 50.18 under the circumstances. If a party files a pro se motion 50.19 regarding a parenting schedule dispute and there is not a court 50.20 order that provides for apportionment of the fees of a family 50.21 dispute mediator, the court administrator may require the party 50.22 requesting the appointment of a family dispute mediator to pay 50.23 the fees of the family dispute mediator in advance. Neither 50.24 party may be required to submit a dispute to a family dispute 50.25 mediator if the party cannot afford to pay for the fees of a 50.26 family dispute mediator and an affordable family dispute 50.27 mediator is not available, unless the other party agrees to pay 50.28 the fees. After fees are incurred, a party may by motion 50.29 request that the fees be reapportioned on equitable grounds. 50.30 The court may consider the resources of the parties, the nature 50.31 of the dispute, and whether a party acted in bad faith. The 50.32 court may consider information from the family dispute mediator 50.33 in determining bad faith. 50.34 Subd. 6. [ROSTER OF FAMILY DISPUTE MEDIATORS.] Each court 50.35 administrator shall maintain and make available to the public 50.36 and judicial officers a roster of individuals available to serve 51.1 as family dispute mediators, including each individual's name, 51.2 address, telephone number, and fee charged, if any. A court 51.3 administrator shall not place on the roster the name of an 51.4 individual who has not completed the training required in 51.5 subdivision 7. If the use of a family dispute mediator is 51.6 initiated by stipulation of the parties, the parties may agree 51.7 upon a person to serve as a family dispute mediator even if that 51.8 person has not completed the training described in subdivision 51.9 7. The court may appoint a person to serve as a family dispute 51.10 mediator even if the person is not on the court administrator's 51.11 roster, but may not appoint a person who has not completed the 51.12 training described in subdivision 7, unless so stipulated by the 51.13 parties. To maintain one's listing on a court administrator's 51.14 roster of family dispute mediators, an individual shall annually 51.15 submit to the court administrator proof of completion of 51.16 continuing education requirements. 51.17 Subd. 7. [TRAINING AND CONTINUING EDUCATION REQUIREMENTS.] 51.18 To qualify for listing on a court administrator's roster of 51.19 family dispute mediators, an individual shall complete a minimum 51.20 of 40 hours of family mediation training that has been certified 51.21 by the Minnesota supreme court, which must include certified 51.22 training in domestic abuse issues as required under Rule 114 of 51.23 the Minnesota General Rules of Practice for the district 51.24 courts. To maintain one's listing on a court administrator's 51.25 roster of family dispute mediators, an individual shall annually 51.26 attend three hours of continuing education about alternative 51.27 dispute resolution subjects. 51.28 Subd. 8. [AGREEMENT OR DECISION.] (a) Within five days of 51.29 notice of the appointment, or within five days of notice of a 51.30 subsequent parenting schedule dispute between the same parties, 51.31 the family dispute mediator shall meet with the parties together 51.32 or separately and shall make a diligent effort to facilitate an 51.33 agreement to resolve the parenting schedule dispute. If a 51.34 parenting schedule dispute requires immediate resolution, the 51.35 family dispute mediator may confer with the parties through a 51.36 telephone conference or similar means. A family dispute 52.1 mediator may make a decision without conferring with a party if 52.2 the family dispute mediator made a good faith effort to confer 52.3 with the party, but the party chose not to participate in 52.4 resolution of the dispute. 52.5 (b) If the parties do not reach an agreement, the family 52.6 dispute mediator shall make a decision resolving the dispute as 52.7 soon as possible but not later than five days after receiving 52.8 all information necessary to make a decision and after the final 52.9 meeting or conference with the parties. The family dispute 52.10 mediator is authorized to award compensatory parenting schedule 52.11 time under section 518D.15, subdivision 6, and may recommend to 52.12 the court that the noncomplying party pay attorney's fees, court 52.13 costs, and other costs under section 518.175, subdivision 6, 52.14 paragraph (d), if the court-ordered parenting schedule has not 52.15 been complied with. The family dispute mediator shall not lose 52.16 authority to make a decision if circumstances beyond the family 52.17 dispute mediator's control make it impracticable to meet the 52.18 five-day timelines. 52.19 (c) Unless the parties mutually agree, the family dispute 52.20 mediator shall not make a decision that is inconsistent with an 52.21 existing court-ordered parenting schedule, except as otherwise 52.22 provided by this section, and except that the family dispute 52.23 mediator may make decisions interpreting or clarifying the 52.24 parenting schedule, including the development of a specific 52.25 schedule when the existing court order grants "reasonable 52.26 visitation." 52.27 (d) The family dispute mediator shall put an agreement or 52.28 decision in writing and provide a copy to the parties. The 52.29 family dispute mediator may include or omit reasons for the 52.30 agreement or decision. An agreement of the parties or a 52.31 decision of the family dispute mediator is binding on the 52.32 parties unless vacated or modified by the court. If a party 52.33 does not comply with an agreement of the parties or a decision 52.34 of the family dispute mediator, any party may bring a motion 52.35 with the court and shall attach a copy of the parties' written 52.36 agreement or the decision of the family dispute mediator. The 53.1 court may enforce, modify, or vacate the agreement of the 53.2 parties or the decision of the family dispute mediator. 53.3 Subd. 9. [OTHER AGREEMENTS.] This section does not 53.4 preclude the parties from voluntarily agreeing to submit their 53.5 parenting schedule dispute to a neutral third party or from 53.6 otherwise resolving parenting schedule disputes on a voluntary 53.7 basis. 53.8 Subd. 10. [CONFIDENTIALITY.] (a) Statements made and 53.9 documents produced as part of the family dispute mediator 53.10 process which are not otherwise discoverable are not subject to 53.11 discovery or other disclosure and are not admissible into 53.12 evidence for any purpose at trial or in any other proceeding, 53.13 including impeachment. 53.14 (b) Sworn testimony may be used in subsequent proceedings 53.15 for any purpose for which it is admissible under the rules of 53.16 evidence. Family dispute mediators, and lawyers for the parties 53.17 to the extent of their participation in the family dispute 53.18 mediator process, must not be subpoenaed or called as witnesses 53.19 in court proceedings. 53.20 (c) Notes, records, and recollections of family dispute 53.21 mediators are confidential and must not be disclosed to the 53.22 parties, the public, or anyone other than the family dispute 53.23 mediator unless: 53.24 (1) all parties and the family dispute mediator agree in 53.25 writing to the disclosure; or 53.26 (2) disclosure is required by law or applicable 53.27 professional codes. 53.28 Notes and records of family dispute mediators must not be 53.29 disclosed to the court unless after a hearing the court 53.30 determines that the notes or records should be reviewed in 53.31 camera. Those notes or records must not be released by the 53.32 court unless it determines that they disclose information 53.33 showing violation of the criminal law of the state. 53.34 Subd. 11. [IMMUNITY.] A family dispute mediator is immune 53.35 from civil liability for actions taken or not taken when acting 53.36 under this section. 54.1 Subd. 12. [REMOVAL.] If a family dispute mediator 54.2 coordinator has been appointed on a long-term basis, a party or 54.3 the family dispute mediator may file a motion seeking to have 54.4 the family dispute mediator removed for good cause shown. 54.5 Subd. 13. [MANDATORY PARENTING SCHEDULE DISPUTE 54.6 RESOLUTION.] Subject to subdivision 2, a judicial district may 54.7 establish a mandatory parenting schedule dispute resolution 54.8 program as provided in this subdivision. In a district where a 54.9 program has been established, parties may be required to submit 54.10 parenting schedule disputes to a family dispute mediator as a 54.11 prerequisite to a motion on the dispute being heard by the 54.12 court, or either party may submit the dispute to a family 54.13 dispute mediator. A party may file a motion with the court for 54.14 purposes of obtaining a court date, if necessary, but a hearing 54.15 may not be held until resolution of the dispute with the family 54.16 dispute mediator. The appointment of a family dispute mediator 54.17 must be in accordance with subdivision 4. Family dispute 54.18 mediator fees must be paid in accordance with subdivision 5. 54.19 Sec. 17. [518D.17] [JUDICIAL SUPERVISION.] 54.20 Subdivision 1. [PARENTAL COOPERATION.] Each parent shall 54.21 separately determine the child's upbringing, including 54.22 education, health care, and religious training, unless: 54.23 (1) the parties agree otherwise in writing at the time of 54.24 the parenting plan; or 54.25 (2) the court, after hearing, finds, upon motion by one of 54.26 the parents, that in the absence of a specific limitation of the 54.27 other parent's decision making under the terms of the parenting 54.28 plan, the child's physical or emotional health is likely to be 54.29 endangered or the child's emotional development impaired. 54.30 Subd. 2. [CONTINUING SUPERVISION.] If both parents or all 54.31 contestants agree to the order, or if the court finds that in 54.32 the absence of the order the child's physical or emotional 54.33 health is likely to be endangered or the child's emotional 54.34 development impaired, the court may order the local social 54.35 services agency or the department of court services to exercise 54.36 continuing supervision over the case under guidelines 55.1 established by the court to assure that the terms of the 55.2 parenting plan are carried out. 55.3 Sec. 18. [518D.18] [NOTIFICATION REGARDING DEPRIVATION OF 55.4 PARENTAL RIGHTS LAW.] 55.5 Every court order and judgment and decree concerning 55.6 parenting plans for a minor child shall contain the notice set 55.7 out in section 518D.26, subdivision 2. 55.8 Sec. 19. [518D.19] [PERSONS WITH CERTAIN CONVICTIONS.] 55.9 Notwithstanding any contrary provision in section 518D.14, 55.10 518D.15, or 518D.16, if a person seeking participation in a 55.11 parenting plan has been convicted of a crime described in 55.12 section 518.179, subdivision 2, the person seeking participation 55.13 has the burden to prove that participation by that person is in 55.14 the best interests of the child if: 55.15 (1) the conviction occurred within the preceding five 55.16 years; 55.17 (2) the person is currently incarcerated, on probation, or 55.18 under supervised release for the offense; or 55.19 (3) the victim of the crime was a family or household 55.20 member as defined in section 518B.01, subdivision 2. 55.21 If this section applies, the court may not grant 55.22 participation in a parenting plan to the person unless it finds 55.23 that participation is in the best interests of the child. If 55.24 the victim of the crime was a family or household member, the 55.25 standard of proof is clear and convincing evidence. A guardian 55.26 ad litem must be appointed in any case where this section 55.27 applies. 55.28 Sec. 20. [518D.20] [MODIFICATION.] 55.29 (a) The terms of a parenting plan dealing with parental 55.30 decisions making residential arrangements for a child may be 55.31 modified as follows: 55.32 (1) on the grounds provided under section 518.18 for 55.33 modification of a custody order; 55.34 (2) if for a period of three months or longer there has 55.35 been a pattern of persistent and willful denial of or 55.36 interference with, or under-utilization of, a parenting schedule 56.1 and it would be in the best interests of the child, as defined 56.2 in section 518D.13 to modify the parenting plan; or 56.3 (3) the parenting plan provides for application of a 56.4 different standard for modification. 56.5 In a case that does not meet the requirements for 56.6 modification under clause (2), the remedies of section 518D.15, 56.7 subdivision 6, apply. 56.8 (b) The terms of a parenting plan dealing with parenting 56.9 schedule issues other than the child's residence may be modified 56.10 based on a change of circumstances so that it would be in the 56.11 child's best interests to make adjustments in the parenting 56.12 schedule. 56.13 Sec. 21. [518D.21] [AFFIDAVIT PRACTICE.] 56.14 A party seeking a temporary parenting plan or modification 56.15 of a parenting plan shall submit together with moving papers an 56.16 affidavit setting forth facts supporting the requested order or 56.17 modification and shall give notice, together with a copy of the 56.18 affidavit, to other parties to the proceeding, who may file 56.19 opposing affidavits. 56.20 Sec. 22. [518D.22] [EXPENSE SHARING.] 56.21 Subdivision 1. [REQUIREMENTS.] A parenting plan in itself 56.22 is not grounds for deviating from the child support guidelines 56.23 in section 518.551, subdivision 5. However, it is grounds to 56.24 deviate from the guidelines if parents agree to share expenses 56.25 and the court finds the agreement is in the child's best 56.26 interests, or if in any other circumstances, the court finds 56.27 that expense sharing would be in the child's best interests. 56.28 The court must also find that the parents are able to cooperate 56.29 and that the agreement would be enforceable. The court shall 56.30 not order or approve expense sharing if: 56.31 (1) the agreement to share expenses or the proposed 56.32 deviation from the guidelines would result in insufficient funds 56.33 in the obligee's household to meet the child's basic needs. The 56.34 court must make findings as to how the child's basic needs would 56.35 be met under an expense-sharing agreement; or 56.36 (2) the child receives public assistance. 57.1 Subd. 2. [DISCONTINUANCE.] A party may move to end an 57.2 expense-sharing arrangement as provided by this subdivision. If 57.3 the court determines that a shared expense arrangement is 57.4 unenforceable or the court is unable to reduce to a sum certain 57.5 for collection as arrears an unmet obligation under such an 57.6 arrangement, the court shall discontinue the expense-sharing 57.7 arrangement and modify the support order accordingly as needed. 57.8 Sec. 23. [518D.23] [ACTING PARENT; SUPPORT.] 57.9 If a child resides with a person other than a parent with 57.10 court approval, the court may order child support payments to be 57.11 made to the acting parent. 57.12 Sec. 24. [518D.24] [EFFECT OF MODIFICATION OF SUPPORT.] 57.13 Modification of a child support order under section 518.68 57.14 is not grounds to modify a parenting plan entered under this 57.15 chapter. 57.16 Sec. 25. [518D.25] [MEDIATION.] 57.17 Subdivision 1. [MEDIATION PROCEEDING.] Except as provided 57.18 in subdivision 2, if it appears on the face of the petition or 57.19 other application for an order or modification of an order for a 57.20 parenting plan for a child that the parenting plan is contested 57.21 or that any issue pertinent to a parenting plan is unresolved, 57.22 the matter may be set for mediation of the contested issue prior 57.23 to, concurrent with, or subsequent to the setting of the matter 57.24 for hearing. The purpose of the mediation proceeding is to 57.25 reduce acrimony which may exist between the parties and to 57.26 develop an agreement that is supportive of the child's best 57.27 interests. The mediator shall use best efforts to effect a 57.28 settlement of the parenting dispute, but shall have no coercive 57.29 authority. 57.30 Subd. 2. [EXCEPTION.] If the court determines that there 57.31 is probable cause that one of the parties, or a child of a 57.32 party, has been physically or sexually abused by the other 57.33 party, the court shall not require or refer the parties to 57.34 mediation or any other process that requires parties to meet and 57.35 confer without counsel, if any, present. 57.36 Subd. 3. [RECORDS; PRIVATE DATA.] Mediation proceedings 58.1 shall be conducted in private. All records of a mediation 58.2 proceeding shall be private and not available as evidence in an 58.3 action for marriage dissolution and related proceedings on any 58.4 issue in controversy in the dissolution. 58.5 Subd. 4. [MEDIATOR RECOMMENDATIONS.] When the parties have 58.6 not reached agreement as a result of the mediation proceeding, 58.7 the mediator may recommend to the court that an investigation be 58.8 conducted under section 518.167, or that other action be taken 58.9 to assist the parties to resolve the controversy before hearing 58.10 on the issues. The mediator may not conduct the investigation 58.11 or evaluation unless: (1) the parties agree in writing, 58.12 executed after the termination of mediation, that the mediator 58.13 may conduct the investigation or evaluation; or (2) there is no 58.14 other person reasonably available to conduct the investigation 58.15 or evaluation. The mediator may recommend that mutual 58.16 restraining orders be issued in appropriate cases, pending 58.17 determination of the controversy, to protect the well-being of 58.18 the children involved in the controversy. 58.19 Subd. 5. [MEDIATION AGREEMENT.] An agreement reached by 58.20 the parties as a result of mediation shall be discussed by the 58.21 parties with their attorneys, if any, and the approved agreement 58.22 may then be included in the marital dissolution decree or other 58.23 stipulation submitted to the court. An agreement reached by the 58.24 parties as a result of mediation may not be presented to the 58.25 court nor made enforceable unless the parties and their counsel, 58.26 if any, consent to its presentation to the court, and the court 58.27 adopts the agreement. 58.28 Subd. 6. [MEDIATOR APPOINTMENT.] In order to participate 58.29 in a custody mediation, a mediator must be appointed by the 58.30 family court. A mediator must be a member of the professional 58.31 staff of a family court, probation department, mental health 58.32 services agency, or a private mediation service. The mediator 58.33 must be on a list of mediators approved by the court having 58.34 jurisdiction of the matter, unless the parties stipulate to a 58.35 mediator not on the list. 58.36 Subd. 7. [MEDIATOR QUALIFICATIONS.] A mediator who 59.1 performs mediation in contested child custody matters shall meet 59.2 the following minimum qualifications: 59.3 (1) knowledge of the court system and the procedures used 59.4 in contested child custody matters; 59.5 (2) knowledge of other resources in the community to which 59.6 the parties to contested child custody matters can be referred 59.7 for assistance; 59.8 (3) knowledge of child development, clinical issues 59.9 relating to children, the effects of marriage dissolution on 59.10 children, and child custody research; and 59.11 (4) a minimum of 40 hours of certified mediation training. 59.12 Subd. 8. [RULES.] Each court shall adopt rules to 59.13 implement this section and shall compile and maintain a list of 59.14 mediators. 59.15 Sec. 26. [518D.26] [REQUIRED NOTICES.] 59.16 Subdivision 1. [REQUIREMENT.] Every court order or 59.17 judgment and decree that provides for child support, spousal 59.18 maintenance, or a parenting plan must contain certain notices as 59.19 set out in subdivision 2. The information in the notices must 59.20 be concisely stated in plain language. The notices must be in 59.21 clearly legible print, but may not exceed two pages. An order 59.22 or judgment and decree without the notice remains subject to all 59.23 statutes. The court may waive all or part of the notice 59.24 required under subdivision 2 relating to parental rights under 59.25 section 518D.14, if it finds it is necessary to protect the 59.26 welfare of a party or child. 59.27 Subd. 2. [CONTENTS.] The required notices must be 59.28 substantially as follows: 59.29 IMPORTANT NOTICE 59.30 1. PAYMENTS TO PUBLIC AGENCY 59.31 According to Minnesota Statutes, section 518.551, 59.32 subdivision 1, payments ordered for maintenance and support 59.33 must be paid to the public agency responsible for child 59.34 support enforcement as long as the person entitled to 59.35 receive the payments is receiving or has applied for public 59.36 assistance or has applied for support and maintenance 60.1 collection services. MAIL PAYMENTS TO: 60.2 2. DEPRIVING ANOTHER OF PARENTAL RIGHTS -- A FELONY 60.3 A person may be charged with a felony who conceals a minor 60.4 child or takes, obtains, retains, or fails to return a 60.5 minor child from or to the child's parent (or person with 60.6 rights under a parenting plan), according to Minnesota 60.7 Statutes, section 609.26. A copy of that section is 60.8 available from any district court clerk. 60.9 3. RULES OF SUPPORT, MAINTENANCE, PARENTING SCHEDULE 60.10 (a) Payment of support or spousal maintenance is to be as 60.11 ordered, and the giving of gifts or making purchases of 60.12 food, clothing, and the like will not fulfill the 60.13 obligation. 60.14 (b) Payment of support must be made as it becomes due, and 60.15 failure to secure or denial of rights of visitation is NOT 60.16 an excuse for nonpayment, but the aggrieved party must seek 60.17 relief through a proper motion filed with the court. 60.18 (c) Nonpayment of support is not grounds to deny parenting 60.19 time ordered under a parenting schedule. The party 60.20 entitled to receive support may apply for support and 60.21 collection services, file a contempt motion, or obtain a 60.22 judgment as provided in Minnesota Statutes, section 548.091. 60.23 (d) The payment of support or spousal maintenance takes 60.24 priority over payment of debts and other obligations. 60.25 (e) A party who accepts additional obligations of support 60.26 does so with the full knowledge of the party's prior 60.27 obligation under this proceeding. 60.28 (f) Child support or maintenance is based on annual income, 60.29 and it is the responsibility of a person with seasonal 60.30 employment to budget income so that payments are made 60.31 throughout the year as ordered. 60.32 (g) If there is a layoff or a pay reduction, support may be 60.33 reduced as of the time of the layoff or pay reduction if a 60.34 motion to reduce the support is served and filed with the 60.35 court at that time, but any such reduction must be ordered 60.36 by the court. The court is not permitted to reduce support 61.1 retroactively, except as provided in Minnesota Statutes, 61.2 section 518.64, subdivision 2, paragraph (c). 61.3 (h) Reasonable parenting schedule guidelines are contained 61.4 in Appendix B, which is available from the court 61.5 administrator. 61.6 4. PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518D.14 61.7 Unless otherwise provided by the Court: 61.8 (a) Each party has the right of access to, and to receive 61.9 copies of, school, medical, dental, religious training, and 61.10 other important records and information about the minor 61.11 children. Each party has the right of access to 61.12 information regarding health or dental insurance available 61.13 to the minor children. Presentation of a copy of this 61.14 order to the custodian of a record or other information 61.15 about the minor children constitutes sufficient 61.16 authorization for the release of the record or information 61.17 to the requesting party. 61.18 (b) Each party shall keep the other informed as to the name 61.19 and address of the school of attendance of the minor 61.20 children. Each party has the right to be informed by 61.21 school officials about the children's welfare, educational 61.22 progress and status, and to attend school and parent 61.23 teacher conferences. The school is not required to hold a 61.24 separate conference for each party. 61.25 (c) In case of an accident or serious illness of a minor 61.26 child, each party shall notify the other party of the 61.27 accident or illness, and the name of the health care 61.28 provider and the place of treatment. 61.29 (d) Each party has the right of reasonable access and 61.30 telephone contact with the minor children. 61.31 5. WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE 61.32 Child support and/or spousal maintenance may be withheld 61.33 from income, with or without notice to the person obligated 61.34 to pay, when the conditions of Minnesota Statutes, section 61.35 518.6111, have been met. A copy of those sections is 61.36 available from any district court clerk. 62.1 6. CHANGE OF ADDRESS OR RESIDENCE 62.2 Unless otherwise ordered, each party shall notify the other 62.3 party, the court, and the public authority responsible for 62.4 collection, if applicable, of the following information 62.5 within ten days of any change: the residential and mailing 62.6 address, telephone number, driver's license number, social 62.7 security number, and name, address, and telephone number of 62.8 the employer. 62.9 7. COST-OF-LIVING INCREASE OF SUPPORT AND MAINTENANCE 62.10 Child support and/or spousal maintenance may be adjusted 62.11 every two years based upon a change in the cost of living 62.12 (using Department of Labor Consumer Price Index .........., 62.13 unless otherwise specified in this order) when the 62.14 conditions of Minnesota Statutes, section 518.641, are met. 62.15 Cost-of-living increases are compounded. A copy of 62.16 Minnesota Statutes, section 518.641, and forms necessary to 62.17 request or contest a cost-of-living increase are available 62.18 from any district court clerk. 62.19 8. JUDGMENTS FOR UNPAID SUPPORT 62.20 If a person fails to make a child support payment, the 62.21 payment owed becomes a judgment against the person 62.22 responsible to make the payment by operation of law on or 62.23 after the date the payment is due, and the person entitled 62.24 to receive the payment or the public agency may obtain 62.25 entry and docketing of the judgment WITHOUT NOTICE to the 62.26 person responsible to make the payment under Minnesota 62.27 Statutes, section 548.091. Interest begins to accrue on a 62.28 payment or installment of child support whenever the unpaid 62.29 amount due is greater than the current support due, 62.30 according to Minnesota Statutes, section 548.091, 62.31 subdivision 1a. 62.32 9. JUDGMENTS FOR UNPAID MAINTENANCE 62.33 A judgment for unpaid spousal maintenance may be entered 62.34 when the conditions of Minnesota Statutes, section 548.091, 62.35 are met. A copy of that section is available from any 62.36 district court clerk. 63.1 10. ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD 63.2 SUPPORT 63.3 A judgment for attorney fees and other collection costs 63.4 incurred in enforcing a child support order will be entered 63.5 against the person responsible to pay support when the 63.6 conditions of section 518.14, subdivision 2, are met. A 63.7 copy of section 518.14 and forms necessary to request or 63.8 contest these attorney fees and collection costs are 63.9 available from any district court clerk. 63.10 11. FAMILY DISPUTE MEDIATOR 63.11 On request of either party or on its own motion, the court 63.12 may appoint a family dispute mediator to resolve parenting 63.13 schedule disputes under Minnesota Statutes, section 63.14 518D.16. A copy of that section and a description of the 63.15 process is available from any district court clerk. 63.16 12. PARENTING SCHEDULE REMEDIES AND PENALTIES 63.17 Remedies and penalties for wrongful interference with a 63.18 parenting schedule are available under Minnesota Statutes, 63.19 section 518D.15, subdivision 6. These include compensatory 63.20 parenting time, civil penalties, bond requirements, 63.21 contempt, and modification of a parenting plan. A copy of 63.22 that subdivision and forms for requesting relief are 63.23 available from any district court clerk. 63.24 Subd. 3. [COPIES OF LAW AND FORMS.] The district court 63.25 administrator shall make available at no charge copies of the 63.26 sections referred to in subdivision 2, and shall provide forms 63.27 to request or contest attorney fees and collection costs or a 63.28 cost-of-living increase under section 518.14, subdivision 2, or 63.29 518.641. 63.30 Sec. 27. [518D.27] [RELATIONSHIP TO OTHER LAWS.] 63.31 Subdivision 1. [DATA PRACTICES.] Court services data 63.32 related to a parenting plan are classified as private data as 63.33 defined in section 13.02, subdivision 12. 63.34 Subd. 2. [PARENTAGE.] (a) The summons in a parentage 63.35 proceeding under sections 257.51 to 257.74 in a judicial 63.36 district where this chapter applies shall contain the following 64.1 notice: 64.2 If you want to have a relationship with the child other 64.3 than paying support, you must appear at the court services 64.4 office (address) one business day before your paternity 64.5 hearing date to discuss a parenting plan. 64.6 (b) A parenting plan may be entered if paternity is 64.7 established under sections 257.51 to 257.74; has been 64.8 acknowledged under section 257.34; or has been recognized under 64.9 section 257.75. A plan may be developed in a separate 64.10 proceeding under section 518D.15 and may not be combined with 64.11 any proceeding under chapter 518B. 64.12 Subd. 3. [DESIGNATED CAREGIVER.] A designated caregiver 64.13 agreement under chapter 257A must be executed by both parents 64.14 who are parties to a parenting plan; except if the child resides 64.15 a majority of the time with one parent, that parent may execute 64.16 an agreement alone. Both parents who are parties to a parenting 64.17 plan must give consent to a designated caregiver agreement, in 64.18 the manner provided by section 257A.01, subdivision 2. 64.19 The agreement becomes operative when the parent or parents 64.20 who executed it are unable to care for the child. Upon assuming 64.21 care of a child, a designated caregiver shall notify any parent 64.22 who is a party to a parenting plan for that child. Parenting 64.23 schedule provisions remain in effect while a child is in the 64.24 care of a designated caregiver, unless modified by the court. A 64.25 parent with parenting obligations under a parenting plan who is 64.26 not the designated caregiver may bring a motion for the child to 64.27 reside with that parent until the other parent is able to resume 64.28 care of the child. 64.29 Subd. 4. [DISPUTE RESOLUTION GUIDELINES.] Guidelines under 64.30 chapter 494 shall not exclude matters submitted to a family 64.31 dispute mediator under section 518D.16. 64.32 Subd. 5. [ORDER FOR PROTECTION.] A parenting plan shall 64.33 not be entered in a proceeding under chapter 518B. 64.34 ARTICLE 3 64.35 OTHER PROVISIONS 64.36 Section 1. Minnesota Statutes 1997 Supplement, section 65.1 259.52, subdivision 1, is amended to read: 65.2 Subdivision 1. [ESTABLISHMENT OF REGISTRY; PURPOSE; FEES.] 65.3 (a) The commissioner of health shall establish a putative 65.4 fathers' adoption registry for the purpose of determining the 65.5 identity and location of a putative father interested in a minor 65.6 child who is, or is expected to be, the subject of an adoption 65.7 proceeding, in order to provide notice of the adoption 65.8 proceeding to the putative father who is not otherwise entitled 65.9 to notice under section 259.49, subdivision 1, paragraph (a) or 65.10 (b), clauses (1) to (7). The commissioner of health may 65.11 establish informational material and public service 65.12 announcements necessary to implement this section. Any 65.13 limitation on a putative father's right to assert an interest in 65.14 the child as provided in this section applies only in adoption 65.15 proceedings and only to those putative fathers not entitled to 65.16 notice and consent under sections 259.24 and 259.49, subdivision 65.17 1, paragraph (a) or (b), clauses (1) to (7). The commissioner 65.18 of health has no independent obligation to gather or update the 65.19 information to be maintained on the registry. It is the 65.20 registrant's responsibility to update his personal information 65.21 on the registry. 65.22 (b) The putative fathers' adoption registry must contain 65.23 the following information: 65.24 (1) with respect to the putative father, the: 65.25 (i) name, including any other names by which the putative 65.26 father may be known and that he may provide to the registry; 65.27 (ii) address at which he may be served with notice of a 65.28 petition under this chapter, including any change of address; 65.29 (iii) social security number, if known; 65.30 (iv) date of birth; and 65.31 (v) if applicable, a certified copy of an order by a court 65.32 of another state or territory of the United States adjudicating 65.33 the putative father to be the father of this child; 65.34 (2) with respect to the mother of the child: 65.35 (i) name, including all other names known to the putative 65.36 father by which the mother may be known; 66.1 (ii) if known to the putative father, her last address; 66.2 (iii) social security number, if known; and 66.3 (iv) date of birth; 66.4 (3) if known to the putative father, the name, gender, 66.5 place of birth, and date of birth or anticipated date of birth 66.6 of the child; 66.7 (4) the date that the commissioner of health received the 66.8 putative father's registration; and 66.9 (5) other information the commissioner of health determines 66.10 by rule to be necessary for the orderly administration of the 66.11 registry. 66.12 (c) The commissioner of health shall notify the mother of 66.13 the child whenever a putative father has registered with the 66.14 adoption registry under this section. Notice shall be sent to 66.15 the name and address submitted by the putative father under 66.16 paragraph (b), clause (2). The notice shall be mailed within 66.17 seven days of the date that the commissioner received the 66.18 putative father's adoption registry. There shall be no charge 66.19 to the birth mother for this notice. 66.20 (d) The commissioner of health shall set reasonable fees 66.21 for the use of the registry; however, a putative father shall 66.22 not be charged a fee for registering. Revenues generated by the 66.23 fee must be deposited in the state government special revenue 66.24 fund and appropriated to the commissioner of health to 66.25 administer the putative fathers' adoption registry. 66.26 Sec. 2. Minnesota Statutes 1997 Supplement, section 66.27 259.52, subdivision 9, is amended to read: 66.28 Subd. 9. [NOTICE AND SERVICE FOR THOSE ON PUTATIVE 66.29 FATHERS' ADOPTION REGISTRY WHO ARE NOT OTHERWISE ENTITLED TO 66.30 NOTICE.] Any time after conception, an interested party, 66.31 including persons intending to adopt a child, a child welfare 66.32 agency with whom the mother has placed or has given written 66.33 notice of her intention to place a child for adoption, the 66.34 mother of a child, or any attorney representing an interested 66.35 party, mayfile with the court administrator a written request66.36that the putative fathers on the registry who have registered in67.1relation to the child be served withserve by certified mail a 67.2putative fathers' adoption registrynotice to registered 67.3 putative father, an intent to claim parental rightswith entry67.4of appearanceform,anda denial of paternitywith entry of67.5appearanceform, and a consent to adoption form pursuant to 67.6 subdivision 11. These documents may be served on a putative 67.7 father in the same manner as a summons is served in other civil 67.8 proceedings, or, in lieu of personal service, service may be 67.9 made as follows: 67.10 (a)The person requesting notice shall pay to the court67.11administrator a mailing fee plus the cost of United States67.12postage for certified or registered mail and furnish to the67.13court administrator an original and one copy of the putative67.14fathers' adoption registry notice, the intent to claim parental67.15rights with entry of appearance form, and the denial of67.16paternity with entry of appearance and consent to adoption form67.17together with an affidavit setting forth the putative father's67.18last known address. The original putative fathers' adoption67.19registry notice, the intent to claim parental rights with entry67.20of appearance form, and the denial of paternity with entry of67.21appearance and consent to adoption form must be retained by the67.22court administrator.67.23(b) The court administratorThe interested party or that 67.24 party's attorney shall mail to the putative father, at the 67.25 addressappearing in the affidavitprovided to the registry, the 67.26 copy of theputative fathers' adoption registrynotice to 67.27 registered putative father, the intent to claim parental 67.28 rightswith entry of appearanceform,andthe denial of 67.29 paternitywith entry of appearanceform, and the consent to 67.30 adoption form by certified mail, return receipt requested.The67.31envelope and return receipt must bear the return address of the67.32court administrator.The receipt for certified mail must state 67.33 the name and address of the addressee and the date of mailing 67.34 and must be attached to the original notice. 67.35(c)(b) The return receipt, whenreturned to the court67.36administratorfiled with the court, must be attached to the 68.1 originalputative fathers' adoption registrynotice to 68.2 registered putative father, the intent to claim parental 68.3 rightswith entry of appearanceform,andthe denial of 68.4 paternitywith entry of appearanceform, and the consent to 68.5 adoption form and constitutes proof of service. 68.6(d)(c) The court administrator shall note the fact of 68.7 service in a permanent record. 68.8 Sec. 3. Minnesota Statutes 1997 Supplement, section 68.9 259.52, subdivision 10, is amended to read: 68.10 Subd. 10. [RESPONSE TOPUTATIVE FATHERS' ADOPTION REGISTRY68.11 NOTICE TO REGISTERED PUTATIVE FATHER; LIMITATION OF RIGHTS FOR 68.12 FAILURE TO RESPOND AND UPON FILING OFDISCLAIMERDENIAL OF 68.13 PATERNITY.] Within 30 days of receipt of theputative fathers'68.14adoption registrynotice to registered putative father, the 68.15 intent to claim parental rightswith entry of appearanceform, 68.16andthe denial of paternitywith entry of appearanceform, and 68.17 the consent to adoption form, the putative father must file a 68.18 completed intent to claim parental rights with entry of 68.19 appearance form with the court administrator stating that he 68.20 intends to initiate a paternity action within 30 days of receipt 68.21 of theputative fathers' adoption registrynotice to registered 68.22 putative father in order to preserve the right to maintain an 68.23 interest in the child and receive notice during the pending 68.24 adoption proceeding. Failure to initiate a paternity action 68.25 within 30 days of receipt of theputative fathers' adoption68.26registrynotice to registered putative father does not act as a 68.27 bar to receiving notice under section 259.49. If good cause is 68.28 shown, the putative father must be allowed more time to initiate 68.29 the paternity action. A putative father who files a completed 68.30 denial of paternitywith entry of appearanceform and consent to 68.31 adoption form or who fails to timely file an intent to claim 68.32 parental rightswith entry of appearanceform with the court: 68.33 (1) is barred from later bringing or maintaining an action 68.34 to assert any interest in the child during the pending adoption 68.35 proceeding concerning the child; 68.36 (2) is considered to have waived and surrendered a right to 69.1 notice of a hearing in any judicial proceeding for adoption of 69.2 the child, and consent of that person to the adoption of the 69.3 child is not required; and 69.4 (3) is considered to have abandoned the child. 69.5 Failure to register is prima facie evidence of sufficient 69.6 grounds to support termination of the putative father's parental 69.7 rights. 69.8 Sec. 4. Minnesota Statutes 1997 Supplement, section 69.9 259.52, subdivision 11, is amended to read: 69.10 Subd. 11. [PUTATIVE FATHERS' ADOPTION REGISTRY NOTICE;69.11INTENT TO CLAIM PARENTAL RIGHTS WITH ENTRY OF APPEARANCE FORM;69.12DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE; AND CONSENT TO69.13ADOPTION FORMFORMS.](a) The putative father's adoption69.14registry notice sent under subdivision 9 must be substantially69.15as follows:69.16"IN THE MATTER OF NOTICE TO .........., REGISTERED PUTATIVE69.17FATHER.69.18You have signed the putative fathers' adoption registry69.19indicating that you are the father of a child born on the69.20.......... day of .........., ...., (or expected to be born on69.21or about the ....... day of .........., ....).69.22The mother of the child is ...........69.23The mother has indicated that she intends to place the69.24child for adoption.69.25As the alleged father of the child by virtue of signing the69.26putative fathers' adoption registry, you have certain legal69.27rights with respect to the child, including the right to notice69.28of the filing of proceedings instituted for the adoption of the69.29child. If you wish to retain your rights with respect to the69.30child, you must file with the court administrator, Court of69.31.......... County, Minnesota, whose address is ..........,69.32Minnesota, within 30 days after the date of receipt of this69.33notice, the enclosed intent to claim parental rights with entry69.34of appearance form stating that you are, in fact, the father of69.35the child and that you intend to retain your legal rights with69.36respect to the child by initiating a paternity action within 3070.1days of receipt of the putative fathers' adoption registry70.2notice.70.3If you do not file an intent to claim parental rights with70.4entry of appearance form or a request for notice, then whatever70.5legal rights you have with respect to the child, including the70.6right to notice of any future proceedings for the adoption of70.7the child, may be terminated without any further notice to you.70.8When your legal rights with respect to the child are so70.9terminated, you will not be entitled to notice of any proceeding70.10instituted for the adoption of the child.70.11If you are not the father of the child, you may file with70.12the court administrator the denial of paternity with entry of70.13appearance and consent to adoption form enclosed herewith and70.14you will receive no further notice with respect to the child."70.15(b) The intent to claim parental rights with entry of70.16appearance form sent under subdivision 9 must be substantially70.17as follows:70.18"INTENT TO CLAIM PARENTAL RIGHTS WITH ENTRY OF APPEARANCE70.19I, .........., state as follows:70.20(1) That I am ..... years of age; and I reside at70.21.......... in the County of .........., State of ...........70.22(2) That I have been advised that .......... is the mother70.23of a .......... male/female child named .......... born or70.24expected to be born on or about .......... and that such mother70.25has stated that I am the father of this child.70.26(3) I declare that I am the father of this child.70.27(4) I understand that the mother of this child wishes to70.28consent to the adoption of this child. I do not consent to the70.29adoption of this child, and I understand that I must return this70.30intent to claim parental rights with entry of appearance form to70.31the court administrator of .......... County, located at70.32.........., within 30 days of receipt of this notice.70.33(5) I further understand that I am also obligated to70.34initiate a paternity action under the Parentage Act (Minnesota70.35Statutes, sections 257.51 to 257.74) within 30 days of my70.36receiving the putative fathers' adoption registry notice, or, if71.1the child is not yet born, within 30 days after the birth of the71.2child, unless for good cause shown I am unable to do so. That71.3proceeding is separate and distinct from the above mailing of71.4intent to claim parental rights with entry of appearance form;71.5in the paternity action, I must state that I am, in fact, the71.6father of said child for one or more of the reasons stated in71.7Minnesota Statutes, section 257.55, subdivision 1, and that I71.8intend to retain my legal rights with respect to said child, and71.9request to be notified of any further proceedings with respect71.10to custody or adoption of the child.71.11(6) I hereby enter my appearance in the above entitled71.12cause.71.13OATH71.14I have been duly sworn and I say under oath that I have71.15read and understand this intent to claim parental rights with71.16entry of appearance form. The facts that it contains are true71.17and correct to the best of my knowledge, and I understand that71.18by signing this document I admit my paternity. I have signed71.19this document as my free and voluntary act.71.20...........71.21(Signature)71.22Dated this .......... day of .........., .....71.23Signed and Sworn Before Me This ....... day of .........., .....71.24...........71.25(notary public)"71.26(c) The denial of paternity with entry of appearance and71.27consent to adoption form sent under subdivision 9 must be71.28substantially as follows:71.29"DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE AND71.30CONSENT TO ADOPTION71.31I, .........., state as follows:71.32(1) That I am ..... years of age; and I reside at71.33.......... in the County of .........., State of ...........71.34(2) That I have been advised that .......... is the mother71.35of a .......... male/female child named .......... born or71.36expected to be born on or about .......... and that I have72.1registered with the putative fathers' adoption registry stating72.2that I am the father of this child.72.3(3) I now deny that I am the father of this child. My72.4denial at this time will not subject me to any criminal72.5liability.72.6(4) I further understand that the mother of this child72.7wishes to consent to the adoption of the child. I hereby72.8consent to the adoption of this child, and waive any rights,72.9remedies, and defenses that I may have now or in the future.72.10This consent is being given in order to facilitate the adoption72.11of the child and so that the court may terminate what rights I72.12may have to the child. This consent is not in any manner an72.13admission of paternity.72.14(5) I hereby enter my appearance in the above entitled72.15cause and waive service of summons and other pleading.72.16OATH72.17I have been duly sworn and I say under oath that I have72.18read and understood this denial of paternity with entry of72.19appearance and consent to adoption. The facts it contains are72.20true and correct to the best of my knowledge, and I understand72.21that by signing this document I have not admitted paternity. I72.22have signed this document as my free and voluntary act in order72.23to facilitate the adoption of the child.72.24...........72.25(Signature)72.26Dated this .......... day of .........., .....72.27Signed and Sworn Before Me This ....... day of .........., .....72.28...........72.29(notary public)"72.30[The names of adoptive parents must not be included in the72.31notice.]The office of the state court administrator shall 72.32 develop the following forms: 72.33 (1) notice to registered putative father; 72.34 (2) intent to claim parental rights; 72.35 (3) denial of paternity; and 72.36 (4) consent to adoption. 73.1 Sec. 5. Minnesota Statutes 1997 Supplement, section 73.2 259.52, subdivision 12, is amended to read: 73.3 Subd. 12. [RIGHT TO COUNSEL AT PUBLIC EXPENSE.] Upon proof 73.4 of indigency, a putative father who has registered with the 73.5 fathers' adoption registry, has received aputative fathers'73.6adoption registrynotice to registered putative father, and has 73.7 timely filed an intent to claim paternal rightswith entry of73.8appearanceform with the court administrator, must have counsel 73.9 appointed at public expense. 73.10 Sec. 6. Minnesota Statutes 1997 Supplement, section 73.11 259.52, is amended by adding a subdivision to read: 73.12 Subd. 15. [INTERNATIONAL ADOPTIONS.] This section does not 73.13 apply to international adoptions. 73.14 Sec. 7. Minnesota Statutes 1996, section 550.136, 73.15 subdivision 2, is amended to read: 73.16 Subd. 2. [DEFINITIONS.] For purposes of this section, the 73.17 following terms have the meanings given them: 73.18 (a) "earnings" means: 73.19 (1) compensation paid or payable to an employee for 73.20 personal service whether denominated as wages, salary, 73.21 commissions, bonus, or otherwise, and includes periodic payments 73.22 pursuant to a pension or retirement program;or73.23 (2) compensation paid or payable to the producer for the 73.24 sale of agricultural products; livestock or livestock products; 73.25 milk or milk products; or fruit or other horticultural products 73.26 produced when the producer is operating a family farm, a family 73.27 farm corporation, or an authorized farm corporation, as defined 73.28 in section 500.24, subdivision 2; or 73.29 (3) maintenance as defined in section 518.54, subdivision 3. 73.30 (b) "disposable earnings" means that part of the earnings 73.31 of an individual remaining after the deduction from those 73.32 earnings of amounts required by law to be withheld; 73.33 (c) "employee" means an individual who performs services 73.34 subject to the right of the employer to control both what is 73.35 done and how it is done; and 73.36 (d) "employer" means a person for whom an individual 74.1 performs services as an employee. 74.2 Sec. 8. Minnesota Statutes 1996, section 571.921, is 74.3 amended to read: 74.4 571.921 [DEFINITIONS.] 74.5 For purposes of sections 571.921 to 571.926, the following 74.6 terms have the meanings given them: 74.7 (a) "Earnings" means: 74.8 (1) compensation paid or payable to an employee for 74.9 personal service whether denominated as wages, salary, 74.10 commissions, bonus, or otherwise, and includes periodic payments 74.11 pursuant to a pension or retirement program;or74.12 (2) compensation paid or payable to the producer for the 74.13 sale of agricultural products; livestock or livestock products; 74.14 milk or milk products; or fruit or other horticultural products 74.15 produced when the producer is operating a family farm, a family 74.16 farm corporation, or an authorized farm corporation, as defined 74.17 in section 500.24, subdivision 2; or 74.18 (3) maintenance as defined in section 518.54, subdivision 3. 74.19 (b) "Disposable earnings" means that part of the earnings 74.20 of an individual remaining after the deduction from those 74.21 earnings of amounts required by law to be withheld. 74.22 (c) "Employee" means an individual who performs services 74.23 subject to the right of the employer to control both what is 74.24 done and how it is done. 74.25 (d) "Employer" means a person for whom an individual 74.26 performs services as an employee.