HF 70

as introduced - 84th Legislature, 2005 1st Special Session (2005 - 2005) Posted on 12/15/2009 12:00am

A bill for an act
relating to family law; requiring notification of
noncustodial parents, corrections agents, local
welfare agencies, and the court, when custodial parent
resides with certain convicted persons; changing
certain presumptions relating to paternity; changing
certain provisions concerning adoption communication
or contact agreements; modifying provisions relating
to background checks for child placement assessments;
modifying family court referee appeal provision;
modifying notice information in marital dissolution
summons; modifying provisions relating to parenting
plan custody designations; changing certain procedures
for removal of a child's residence from Minnesota;
prohibiting person convicted of certain crime from
consideration for custody of unrelated child;
requiring certain information in summary real estate
disposition judgments; identifying pension plans
subject to marital property division; amending
Minnesota Statutes 2004, sections 257.55, subdivision
1; 257.57, subdivision 2; 257.62, subdivision 5;
257C.03, subdivision 7; 259.58; 484.65, subdivision 9;
518.091, subdivision 1; 518.1705, subdivisions 4, 7;
518.175, subdivision 3; 518.179, by adding a
subdivision; 518.18; 518.191, subdivisions 2, 4;
518.54, subdivisions 4a, 14, by adding a subdivision;
518.551, subdivision 1; 518.58, subdivision 4; Laws
2005, chapter 136, article 15, section 5; Laws 2005,
chapter 164, section 31; proposing coding for new law
in Minnesota Statutes, chapters 244; 257.

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

Section 1.

new text begin [244.058] OFFENDERS RESIDING IN HOUSEHOLDS
WITH CHILDREN; NOTICE TO CORRECTIONS AGENT.
new text end

new text begin An offender required to register as a predatory offender
under section 243.166 shall inform the offender's corrections
agent if the offender is residing in a household where a child
is residing. The offender shall inform the agent of the name,
age, and relationship to the offender of all children residing
in the household. The offender's correction agent shall notify
the child's parents, if any, and the legal guardians or physical
custodians, if any, that the child is residing with a predatory
offender.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to persons under correctional supervision on or
after that date.
new text end

Sec. 2.

new text begin [257.026] NOTIFICATION OF RESIDENCE WITH CERTAIN
CONVICTED PERSONS.
new text end

new text begin A person who is granted or exercises custody of a child or
parenting time with a child under this chapter or chapter 518
must notify the child's other parent, if any, the county social
services agency, and the court that granted the custody or
parenting time, if the person knowingly marries or lives in the
same residence with a person who has been convicted of a crime
listed in section 518.179, subdivision 2.
new text end

Sec. 3.

Minnesota Statutes 2004, section 257.55,
subdivision 1, is amended to read:

Subdivision 1.

Presumption.

A man is presumed to be the
biological father of a child if:

(a) He and the child's biological mother are or have been
married to each other and the child is born during the marriage,
or within 280 days after the marriage is terminated by death,
annulment, declaration of invalidity, dissolution, or divorce,
or after a decree of legal separation is entered by a court.
The presumption in this paragraph does not apply if the man has
joined in a recognition of parentage recognizing another man as
the biological father under section 257.75, subdivision 1a;

(b) Before the child's birth, he and the child's biological
mother have attempted to marry each other by a marriage
solemnized in apparent compliance with law, although the
attempted marriage is or could be declared void, voidable, or
otherwise invalid, and,

(1) if the attempted marriage could be declared invalid
only by a court, the child is born during the attempted
marriage, or within 280 days after its termination by death,
annulment, declaration of invalidity, dissolution or divorce; or

(2) if the attempted marriage is invalid without a court
order, the child is born within 280 days after the termination
of cohabitation;

(c) After the child's birth, he and the child's biological
mother have married, or attempted to marry, each other by a
marriage solemnized in apparent compliance with law, although
the attempted marriage is or could be declared void, voidable,
or otherwise invalid, and,

(1) he has acknowledged his paternity of the child in
writing filed with the state registrar of vital statistics;

(2) with his consent, he is named as the child's father on
the child's birth record; or

(3) he is obligated to support the child under a written
voluntary promise or by court order;

(d) deleted text begin While the child is under the age of majority, he
receives the child into his home deleted text end new text begin During the first two years of
the child's life, he resided in the same household with the
child for at least 12 months new text end and openly deleted text begin holds deleted text end new text begin held new text end out the child
as his deleted text begin biological child deleted text end new text begin own new text end ;

(e) He and the child's biological mother acknowledge his
paternity of the child in a writing signed by both of them under
section 257.34 and filed with the state registrar of vital
statistics. If another man is presumed under this paragraph to
be the child's father, acknowledgment may be effected only with
the written consent of the presumed father or after the
presumption has been rebutted;

(f) deleted text begin Evidence of statistical probability of paternity based
on blood or genetic testing establishes the likelihood that he
is the father of the child, calculated with a prior probability
of no more than 0.5 (50 percent), is 99 percent or greater;
deleted text end

deleted text begin (g) deleted text end He and the child's biological mother have executed a
recognition of parentage in accordance with section 257.75 and
another man is presumed to be the father under this subdivision;

deleted text begin (h) deleted text end new text begin (g) new text end He and the child's biological mother have executed
a recognition of parentage in accordance with section 257.75 and
another man and the child's mother have executed a recognition
of parentage in accordance with section 257.75; or

deleted text begin (i) deleted text end new text begin (h) new text end He and the child's biological mother executed a
recognition of parentage in accordance with section 257.75 when
either or both of the signatories were less than 18 years of age.

Sec. 4.

Minnesota Statutes 2004, section 257.57,
subdivision 2, is amended to read:

Subd. 2.

Actions under other paragraphs of section
257.55, subdivision 1.

The child, the mother, or personal
representative of the child, the public authority chargeable by
law with the support of the child, the personal representative
or a parent of the mother if the mother has died or is a minor,
a man alleged or alleging himself to be the father, or the
personal representative or a parent of the alleged father if the
alleged father has died or is a minor may bring an action:

(1) at any time for the purpose of declaring the existence
of the father and child relationship presumed under deleted text begin section
deleted text end new text begin sections new text end 257.55, subdivision 1, paragraph (d), (e), deleted text begin (f), deleted text end (g), or
(h), new text begin and 257.62, subdivision 5, paragraph (b), new text end or the
nonexistence of the father and child relationship presumed under
new text begin section 257.55, subdivision 1, new text end clause (d) deleted text begin of that subdivision deleted text end ;

(2) for the purpose of declaring the nonexistence of the
father and child relationship presumed under section 257.55,
subdivision 1, paragraph (e) or (g), only if the action is
brought within six months after the person bringing the action
obtains the results of blood or genetic tests that indicate that
the presumed father is not the father of the child;

(3) for the purpose of declaring the nonexistence of the
father and child relationship presumed under section deleted text begin 257.55,
subdivision 1, paragraph (f) deleted text end new text begin 257.62, subdivision 5, paragraph
(b) new text end , only if the action is brought within three years after the
party bringing the action, or the party's attorney of record,
has been provided the blood or genetic test results; or

(4) for the purpose of declaring the nonexistence of the
father and child relationship presumed under section 257.75,
subdivision 9, only if the action is brought by the minor
signatory within six months after the minor signatory reaches
the age of 18. In the case of a recognition of parentage
executed by two minor signatories, the action to declare the
nonexistence of the father and child relationship must be
brought within six months after the youngest signatory reaches
the age of 18.

Sec. 5.

Minnesota Statutes 2004, section 257.62,
subdivision 5, is amended to read:

Subd. 5.

Positive test results.

(a) If the results of
blood or genetic tests completed in a laboratory accredited by
the American Association of Blood Banks indicate that the
likelihood of the alleged father's paternity, calculated with a
prior probability of no more than 0.5 (50 percent), is 92
percent or greater, upon motion the court shall order the
alleged father to pay temporary child support determined
according to chapter 518. The alleged father shall pay the
support money to the public authority if the public authority is
a party and is providing services to the parties or, if not,
into court pursuant to the Rules of Civil Procedure to await the
results of the paternity proceedings.

(b) If the results of blood or genetic tests completed in a
laboratory accredited by the American Association of Blood Banks
indicate that likelihood of the alleged father's paternity,
calculated with a prior probability of no more than 0.5 (50
percent), is 99 percent or greater, new text begin there is an evidentiary
presumption that new text end the alleged father is deleted text begin presumed to be deleted text end the deleted text begin parent
deleted text end new text begin biological father new text end and the party opposing the establishment of
the alleged father's paternity has the burden of proving by
clear and convincing evidence that the alleged father is not the
father of the child.

new text begin A determination under this subdivision that the alleged
father is the biological father does not preclude the
adjudication of another man as the legal father pursuant to
section 257.55, subdivision 2, nor does it allow the donor of
genetic material for assisted reproduction for the benefit of
the recipient parent(s), whether sperm or ovum (egg), to claim
to be the child's biological and/or legal parent.
new text end

Sec. 6.

Minnesota Statutes 2004, section 257C.03,
subdivision 7, is amended to read:

Subd. 7.

Interested third party; burden of proof;
factors.

(a) To establish that an individual is an interested
third party, the individual must:

(1) show by clear and convincing evidence that one of the
following factors exist:

(i) the parent has abandoned, neglected, or otherwise
exhibited disregard for the child's well-being to the extent
that the child will be harmed by living with the parent;

(ii) placement of the child with the individual takes
priority over preserving the day-to-day parent-child
relationship because of the presence of physical or emotional
danger to the child, or both; or

(iii) other extraordinary circumstances; deleted text begin and
deleted text end

(2) prove by a preponderance of the evidence that it is in
the best interests of the child to be in the custody of the
interested third party new text begin ; and
new text end

new text begin (3) show by clear and convincing evidence that granting the
petition would not violate section 518.179, subdivision 1a new text end .

(b) The following factors must be considered by the court
in determining an interested third party's petition:

(1) the amount of involvement the interested third party
had with the child during the parent's absence or during the
child's lifetime;

(2) the amount of involvement the parent had with the child
during the parent's absence;

(3) the presence or involvement of other interested third
parties;

(4) the facts and circumstances of the parent's absence;

(5) the parent's refusal to comply with conditions for
retaining custody set forth in previous court orders;

(6) whether the parent now seeking custody was previously
prevented from doing so as a result of domestic violence;

(7) whether a sibling of the child is already in the care
of the interested third party; and

(8) the existence of a standby custody designation under
chapter 257B.

(c) In determining the best interests of the child, the
court must apply the standards in section 257C.04.

Sec. 7.

Minnesota Statutes 2004, section 259.58, is
amended to read:

259.58 COMMUNICATION OR CONTACT AGREEMENTS.

Adoptive parents and a birth relative or foster parents may
enter an agreement regarding communication with or contact
between an adopted minor, adoptive parents, and a birth relative
or foster parents under this section. An agreement may be
entered between:

(1) adoptive parents and a birth parent;

(2) adoptive parents and any other birth relative or foster
parent with whom the child resided before being adopted; or

(3) adoptive parents and any other birth relative if the
child is adopted by a birth relative upon the death of both
birth parents.

For purposes of this section, "birth relative" means a
parent, stepparent, grandparent, brother, sister, uncle, or aunt
of a minor adoptee. This relationship may be by blood,
adoption, or marriage. For an Indian child, birth relative
includes members of the extended family as defined by the law or
custom of the Indian child's tribe or, in the absence of laws or
custom, nieces, nephews, or first or second cousins, as provided
in the Indian Child Welfare Act, United States Code, title 25,
section 1903.

(a) An agreement regarding communication with or contact
between minor adoptees, adoptive parents, and a birth relative
is not legally enforceable unless the terms of the agreement are
contained in a written court order entered in accordance with
this section. An order may be sought at any time before a
decree of adoption is granted. The order must be issued within
30 days of being submitted to the court or by the granting of
the decree of adoption, whichever is earlier. The court shall
not enter a proposed order unless the terms of the order have
been approved in writing by the prospective adoptive parents, a
birth relative or foster parent who desires to be a party to the
agreement, and, if the child is in the custody of or under the
guardianship of an agency, a representative of the agency. A
birth parent must approve in writing of an agreement between
adoptive parents and any other birth relative or foster parent,
unless an action has been filed against the birth parent by a
county under chapter 260. An agreement under this section need
not disclose the identity of the parties to be legally
enforceable. The court shall not enter a proposed order unless
the court finds that the communication or contact between the
minor adoptee, the adoptive parents, and a birth relative as
agreed upon and contained in the proposed order would be in the
minor adoptee's best interests. The court shall mail a
certified copy of the order to the parties to the agreement or
their representatives at the addresses provided by the
petitioners.

(b) Failure to comply with the terms of an agreed order
regarding communication or contact that has been entered by the
court under this section is not grounds for:

(1) setting aside an adoption decree; or

(2) revocation of a written consent to an adoption after
that consent has become irrevocable.

(c) An agreed order entered under this section may be
enforced by filing a petition or motion with the family court
that includes a certified copy of the order granting the
communication, contact, or visitation, but only if the petition
or motion is accompanied by an affidavit that the parties have
mediated or attempted to mediate any dispute under the agreement
or that the parties agree to a proposed modification. The
prevailing party may be awarded reasonable attorney's fees and
costs. The court shall not modify an agreed order under this
section unless it finds that the modification is necessary to
serve the best interests of the minor adoptee, and:

(1) the modification is agreed to by the parties to the
agreement; or

(2) exceptional circumstances have arisen since the agreed
order was entered that justify modification of the order.

new text begin (d) For children under state guardianship when there is a
written communication or contact agreement between prospective
adoptive parents and birth relatives other than birth parents it
must be included in the final adoption decree unless all the
parties agree to omit it. If the adoptive parents or birth
relatives do not honor the communication or contact agreement,
the court shall determine the terms of the communication and
contact agreement.
new text end

Sec. 8.

Minnesota Statutes 2004, section 484.65,
subdivision 9, is amended to read:

Subd. 9.

Referees; deleted text begin review deleted text end new text begin appeal new text end .

All recommended orders
and findings of a referee shall be subject to confirmation by
said district court judge. deleted text begin Review of any recommended order or
finding of a referee by the district court judge may be had by
notice served and filed within ten days of effective notice of
such recommended order or finding. The notice of review shall
specify the grounds for such review and the specific provisions
of the recommended findings or orders disputed, and said
district court judge, upon receipt of such notice of review,
shall set a time and place for such review hearing. deleted text end new text begin Fourth
Judicial District Family Court referee orders and decrees may be
appealed directly to the Court of Appeals in the same manner as
judicial orders and decrees. The time for appealing an
appealable referee order runs from service by any party of
written notice of the filing of the confirmed order.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 9.

Minnesota Statutes 2004, section 518.091,
subdivision 1, is amended to read:

Subdivision 1.

Temporary restraining orders.

(a) Every
summons must include the notice in this subdivision.

NOTICE OF TEMPORARY RESTRAINING AND ALTERNATIVE DISPUTE
RESOLUTION PROVISIONS

UNDER MINNESOTA LAW, SERVICE OF THIS SUMMONS MAKES THE
FOLLOWING REQUIREMENTS APPLY TO BOTH PARTIES TO THIS ACTION,
UNLESS THEY ARE MODIFIED BY THE COURT OR THE PROCEEDING IS
DISMISSED:

(1) NEITHER PARTY MAY DISPOSE OF ANY ASSETS EXCEPT (i) FOR
THE NECESSITIES OF LIFE OR FOR THE NECESSARY GENERATION OF
INCOME OR PRESERVATION OF ASSETS, (ii) BY AN AGREEMENT IN
WRITING, OR (iii) FOR RETAINING COUNSEL TO CARRY ON OR TO
CONTEST THIS PROCEEDING;

(2) NEITHER PARTY MAY HARASS THE OTHER PARTY; AND

(3) ALL CURRENTLY AVAILABLE INSURANCE COVERAGE MUST BE
MAINTAINED AND CONTINUED WITHOUT CHANGE IN COVERAGE OR
BENEFICIARY DESIGNATION.

IF YOU VIOLATE ANY OF THESE PROVISIONS, YOU WILL BE SUBJECT
TO SANCTIONS BY THE COURT.

(4) PARTIES TO A MARRIAGE DISSOLUTION PROCEEDING deleted text begin ARE
ENCOURAGED TO ATTEMPT ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO
MINNESOTA LAW. ALTERNATIVE DISPUTE RESOLUTION INCLUDES
MEDIATION, ARBITRATION, AND OTHER PROCESSES AS SET FORTH IN THE
DISTRICT COURT RULES deleted text end new text begin SHALL PARTICIPATE IN A MINIMUM OF TWO HOURS
OF MEDIATION WITHIN 60 DAYS OF COMMENCEMENT OF A DIVORCE ACTION
BY SERVICE OF THIS SUMMONS, UNLESS THE PARTIES FILE A SIGNED
MARITAL TERMINATION AGREEMENT WITH THE COURT DURING THAT TIME OR
DO NOT HAVE THE MEANS TO DEFRAY THE COST OF THE MEDIATION new text end . YOU
MAY CONTACT THE COURT ADMINISTRATOR ABOUT RESOURCES IN YOUR
AREA. IF YOU CANNOT PAY FOR MEDIATION OR ALTERNATIVE DISPUTE
RESOLUTION, IN SOME COUNTIES, ASSISTANCE MAY BE AVAILABLE TO YOU
THROUGH A NONPROFIT PROVIDER OR A COURT PROGRAM. IF YOU ARE A
VICTIM OF DOMESTIC ABUSE OR THREATS OF ABUSE AS DEFINED IN
MINNESOTA STATUTES, CHAPTER 518B, YOU ARE NOT REQUIRED TO TRY
MEDIATION AND YOU WILL NOT BE PENALIZED BY THE COURT IN LATER
PROCEEDINGS.

(b) Upon service of the summons, the restraining provisions
contained in the notice apply by operation of law upon both
parties until modified by further order of the court or
dismissal of the proceeding, unless more than one year has
passed since the last document was filed with the court.

Sec. 10.

Minnesota Statutes 2004, section 518.1705,
subdivision 4, is amended to read:

Subd. 4.

Custody designation.

deleted text begin A final judgment and
decree that includes a parenting plan using alternate terms to
designate decision-making responsibilities or allocation of
residential time between the parents must designate whether the
parents have joint legal custody or joint physical custody or
which parent has sole legal custody or sole physical custody, or
both. This designation is solely for enforcement of the final
judgment and decree where this designation is required for that
enforcement and has no effect under the laws of this state, any
other state, or another country that do not require this
designation. deleted text end new text begin If the parenting plan substitutes other terms for
legal and physical custody and if a designation of legal and
physical custody is necessary for enforcement of the judgment
and decree in another jurisdiction, it must be considered solely
for that purpose that the parents have joint legal and joint
physical custody. Under Minnesota law, a parenting plan does
not require a designation of sole or joint, legal or physical
custody.
new text end

Sec. 11.

Minnesota Statutes 2004, section 518.1705,
subdivision 7, is amended to read:

Subd. 7.

Moving the child to another state.

Parents may
agree deleted text begin , but the court must not require, that in a parenting plan
the factors in section 518.17 or 257.025, as applicable, deleted text end new text begin upon
the legal standard that new text end will govern a decision concerning
removal of a child's residence from this state, provided that:

(1) both parents were represented by counsel when the
parenting plan was approved; or

(2) the court found the parents were fully informed, the
agreement was voluntary, and the parents were aware of its
implications.

Sec. 12.

Minnesota Statutes 2004, section 518.175,
subdivision 3, is amended to read:

Subd. 3.

Move to another state.

The parent with whom the
child resides shall not move the residence of the child to
another state except upon order of the court or with the consent
of the other parent, if the other parent has been given
parenting time by the decree. If the purpose of the move is to
interfere with parenting time given to the other parent by the
decree, the court shall not permit the child's residence to be
moved to another state.

new text begin The court shall apply a best interests standard when
considering the request of the parent with whom the child
resides to move the child's residence to another state. The
factors the court must consider in determining the child's best
interests include, but are not limited to, the following:
new text end

new text begin (1) the nature, quality, extent of involvement, and
duration of the child's relationship with the person proposing
to relocate and with the nonrelocating person, siblings, and
other significant persons in the child's life;
new text end

new text begin (2) the age, developmental stage, needs of the child, and
the likely impact the relocation will have on the child's
physical, educational, and emotional development, taking into
consideration any special needs of the child;
new text end

new text begin (3) the feasibility of preserving the relationship between
the nonrelocating person and the child through suitable
parenting time arrangements, considering the logistics and
financial circumstances of the parties;
new text end

new text begin (4) the child's preference, taking into consideration the
age and maturity of the child;
new text end

new text begin (5) whether there is an established pattern of conduct of
the person seeking the relocation either to promote or thwart
the relationship of the child and the nonrelocating person;
new text end

new text begin (6) whether the relocation of the child will enhance the
general quality of the life for both the custodial parent
seeking the relocation and the child including, but not limited
to, financial or emotional benefit or educational opportunity;
new text end

new text begin (7) the reasons of each person for seeking or opposing the
relocation; and
new text end

new text begin (8) the effect on the safety and welfare of the child, or
of the parent requesting to move the child's residence, of
domestic abuse, as defined in section 518B.01.
new text end

new text begin The burden of proof is upon the parent requesting to move
the residence of the child to another state, except that if the
court finds that the person requesting permission to move has
been a victim of domestic abuse by the other parent, the burden
of proof is upon the parent opposing the move. The court must
consider all of the factors in this subdivision in determining
the best interests of the child.
new text end

Sec. 13.

Minnesota Statutes 2004, section 518.179, is
amended by adding a subdivision to read:

new text begin Subd. 1a. new text end

new text begin Custody of child. new text end

new text begin A person convicted of a
crime described in subdivision 2 may not be considered for
custody of a child unless the child is the person's child by
birth or adoption.
new text end

Sec. 14.

Minnesota Statutes 2004, section 518.18, is
amended to read:

518.18 MODIFICATION OF ORDER.

(a) Unless agreed to in writing by the parties, no motion
to modify a custody order or parenting plan may be made earlier
than one year after the date of the entry of a decree of
dissolution or legal separation containing a provision dealing
with custody, except in accordance with paragraph (c).

(b) If a motion for modification has been heard, whether or
not it was granted, unless agreed to in writing by the parties
no subsequent motion may be filed within two years after
disposition of the prior motion on its merits, except in
accordance with paragraph (c).

(c) The time limitations prescribed in paragraphs (a) and
(b) shall not prohibit a motion to modify a custody order or
parenting plan if the court finds that there is persistent and
willful denial or interference with parenting time, or has
reason to believe that the child's present environment may
endanger the child's physical or emotional health or impair the
child's emotional development.

(d) If the court has jurisdiction to determine child
custody matters, the court shall not modify a prior custody
order or a parenting plan provision which specifies the child's
primary residence unless it finds, upon the basis of facts,
including unwarranted denial of, or interference with, a duly
established parenting time schedule, that have arisen since the
prior order or that were unknown to the court at the time of the
prior order, that a change has occurred in the circumstances of
the child or the parties and that the modification is necessary
to serve the best interests of the child. In applying these
standards the court shall retain the custody arrangement or the
parenting plan provision specifying the child's primary
residence that was established by the prior order unless:

(i) the court finds that a change in the custody
arrangement or primary residence is in the best interests of the
child and the parties previously agreed, in a writing approved
by a court, to apply the best interests standard in section
518.17 or 257.025, as applicable; and, with respect to
agreements approved by a court on or after April 28, 2000, both
parties were represented by counsel when the agreement was
approved or the court found the parties were fully informed, the
agreement was voluntary, and the parties were aware of its
implications;

(ii) both parties agree to the modification;

(iii) the child has been integrated into the family of the
petitioner with the consent of the other party; deleted text begin or
deleted text end

(iv) the child's present environment endangers the child's
physical or emotional health or impairs the child's emotional
development and the harm likely to be caused by a change of
environment is outweighed by the advantage of a change to the
child new text begin ; or
new text end

new text begin (v) the court has denied a request of the primary custodial
parent to move the residence of the child to another state, and
the primary custodial parent has relocated to another state
despite the court's order new text end .

In addition, a court may modify a custody order or
parenting plan under section 631.52.

(e) In deciding whether to modify a prior joint custody
order, the court shall apply the standards set forth in
paragraph (d) unless: (1) the parties agree in writing to the
application of a different standard, or (2) the party seeking
the modification is asking the court for permission to move the
residence of the child to another state.

(f) If a parent has been granted sole physical custody of a
minor and the child subsequently lives with the other parent,
and temporary sole physical custody has been approved by the
court or by a court-appointed referee, the court may suspend the
obligor's child support obligation pending the final custody
determination. The court's order denying the suspension of
child support must include a written explanation of the reasons
why continuation of the child support obligation would be in the
best interests of the child.

Sec. 15.

Minnesota Statutes 2004, section 518.191,
subdivision 2, is amended to read:

Subd. 2.

Required information.

A summary real estate
disposition judgment must contain the following information:
(1) the full caption and file number of the case and the title
"Summary Real Estate Disposition Judgment"; (2) the dates of the
parties' marriage and of the entry of the judgment and decree of
dissolution; (3) the names of the parties' attorneys or if
either or both appeared pro se; (4) the name of the judge and
referee, if any, who signed the order for judgment and decree;
(5) whether the judgment and decree resulted from a stipulation,
a default, or a trial and the appearances at the default or
trial; (6) new text begin if the judgment and decree resulted from a
stipulation, whether disposition of the property was stipulated
to by legal description; (7) if the judgment and decree resulted
from a default, whether the petition contained the legal
description of the property and disposition was made in
accordance with the request for relief, and how service of the
summons and petition was made; (8) new text end whether either party changed
the party's name through the judgment and decree; deleted text begin (7) deleted text end new text begin (9) new text end the
legal description of each parcel of real estate; deleted text begin (8) deleted text end new text begin (10) new text end the
name or names of the persons awarded an interest in each parcel
of real estate and a description of the interest
awarded; deleted text begin (9) deleted text end new text begin (11) new text end liens, mortgages, encumbrances, or other
interests in the real estate described in the judgment and
decree; and deleted text begin (10) deleted text end new text begin (12) new text end triggering or contingent events set forth
in the judgment and decree affecting the disposition of each
parcel of real estate.

Sec. 16.

Minnesota Statutes 2004, section 518.191,
subdivision 4, is amended to read:

Subd. 4.

Transfer of property.

The summary real estate
disposition judgment operates as a conveyance and transfer of
each interest in the real estate in the manner and to the extent
described in the summary real estate disposition judgment new text begin , even
if the judgment and decree states that a deed is required new text end .

Sec. 17.

Minnesota Statutes 2004, section 518.54,
subdivision 4a, is amended to read:

Subd. 4a.

Support order.

new text begin (a) new text end "Support order" means a
judgment, decree, or order, whether temporary, final, or subject
to modification, issued by a court or administrative agency of
competent jurisdiction deleted text begin , deleted text end new text begin :
new text end

new text begin (1) new text end for the support and maintenance of a child, including a
child who has attained the age of majority under the law of the
issuing state deleted text begin , or deleted text end new text begin ;
new text end

new text begin (2) for new text end a child and the parent with whom the child is
living, that provides for monetary support, child care, medical
support including expenses for confinement and pregnancy,
arrearages, or reimbursement deleted text begin , and that deleted text end new text begin ; or
new text end

new text begin (3) for the maintenance of a spouse.
new text end

new text begin (b) The support order new text end may include related costs and fees,
interest and penalties, income withholding, and other relief.
This definition applies to orders issued under this chapter and
chapters 256, 257, and 518C.

Sec. 18.

Minnesota Statutes 2004, section 518.54,
subdivision 14, is amended to read:

Subd. 14.

Iv-d case.

"IV-D case" means a case where a
party has assigned to the state rights to child support because
of the receipt of public assistance as defined in section
256.741 or has applied for child support services under title
IV-D of the Social Security Act, United States Code, title 42,
section 654(4). new text begin An obligation for spousal maintenance under
subdivision 4a, paragraph (a), clause (3), is not an IV-D case.
new text end

Sec. 19.

Minnesota Statutes 2004, section 518.54, is
amended by adding a subdivision to read:

new text begin Subd. 15. new text end

new text begin Income withholding only services. new text end

new text begin "Income
withholding only services" means the services provided by the
public authority to collect payments pursuant to a support order
but does not include other enforcement services provided by the
public authority for IV-D cases. Notices required for income
withholding under this section shall be initiated by the
applicant for services. An obligation for spousal maintenance
under subdivision 4a, paragraph (a), clause (3), is only
eligible for income withholding only services.
new text end

Sec. 20.

Minnesota Statutes 2004, section 518.58,
subdivision 4, is amended to read:

Subd. 4.

Pension plans.

(a) The division of marital
property that represents pension plan benefits or rights in the
form of future pension plan payments:

(1) is payable only to the extent of the amount of the
pension plan benefit payable under the terms of the plan;

(2) is not payable for a period that exceeds the time that
pension plan benefits are payable to the pension plan benefit
recipient;

(3) is not payable in a lump sum amount from new text begin defined
benefit public new text end pension plan assets attributable in any fashion
to a spouse with the status of an active member, deferred
retiree, or benefit recipient of a pension plan;

(4) if the former spouse to whom the payments are to be
made dies prior to the end of the specified payment period with
the right to any remaining payments accruing to an estate or to
more than one survivor, is payable only to a trustee on behalf
of the estate or the group of survivors for subsequent
apportionment by the trustee; and

(5) in the case of new text begin defined benefit new text end public pension plan
benefits or rights, may not commence until the public plan
member submits a valid application for a public pension plan
benefit and the benefit becomes payable.

(b) The individual retirement account plans established
under chapter 354B may provide in its plan document, if
published and made generally available, for an alternative
marital property division or distribution of individual
retirement account plan assets. If an alternative division or
distribution procedure is provided, it applies in place of
paragraph (a), clause (5).

Sec. 21.

Laws 2005, chapter 136, article 15, section 5, is
amended to read:

[260C.209] [BACKGROUND CHECKS.]

Subdivision 1.

Subjects.

The responsible social services
agency must conduct a background check under this section of the
following new text begin persons new text end :

(1) a noncustodial parent or nonadjudicated parent who is
being assessed for purposes of providing day-to-day care of a
child temporarily or permanently under section 260C.212,
subdivision 4, and any member of the parent's household who is
over deleted text begin the age of deleted text end 13 new text begin years of age new text end when there is a reasonable cause
to believe that the parent or household member over deleted text begin age deleted text end 13 new text begin years
of age new text end has a criminal history or a history of maltreatment of a
child or vulnerable adult which would endanger the child's
health, safety, or welfare;

(2) an individual whose suitability for relative placement
under section 260C.212, subdivision 5, is being determined, and
any member of the relative's household who is over deleted text begin the age of deleted text end 13
new text begin years of age new text end when: (i) the relative must be licensed for foster
care; deleted text begin or deleted text end (ii) the agency must conduct a background study under
section 259.53, subdivision 2; or (iii) the agency has
reasonable cause to believe the relative or household member
over deleted text begin the age of deleted text end 13 new text begin years of age new text end has a criminal history which
would not make transfer of permanent legal and physical custody
to the relative under section 260C.201, subdivision 11, in the
child's best interest; and

(3) a parent, following an out-of-home placement, when the
responsible social service agency has reasonable cause to
believe that the parent has been convicted of a crime directly
related to the parent's capacity to maintain the child's health,
safety, or welfare deleted text begin ; deleted text end or the parent is the subject of an open
investigation of, or has been the subject of a substantiated
allegation of, child or vulnerable-adult maltreatment within the
past ten years.

new text begin As used in this subdivision, new text end "reasonable cause" means that the
agency has received information or a report from the subject or
a third person that creates an articulable suspicion that the
individual has a history that may pose a risk to the health,
safety, or welfare of the child. The information or report must
be specific to the potential subject of the background check and
deleted text begin shall deleted text end new text begin must new text end not be based on the race, religion, ethnic
background, age, class, or lifestyle of the potential subject.

Subd. 2.

General procedures.

(a) When conducting a
background check under subdivision 1, the agency may require the
individual being assessed to provide sufficient information to
ensure an accurate assessment under this section, including new text begin the
individual's new text end :

(1) deleted text begin the individual's deleted text end first, middle, and last name and all
other names by which the individual has been known;

(2) home address, zip code, city, county, and state of
residence for the past ten years;

(3) sex;

(4) date of birth; and

(5) driver's license number or state identification number.

(b) When notified by the responsible social services agency
that it is conducting an assessment under this section, the
Bureau of Criminal Apprehension, new text begin the new text end commissioners of health and
human services, law enforcement, and county agencies must
provide the responsible social services agency or county
attorney with the following information on the individual being
assessed: criminal history data, reports about the maltreatment
of adults substantiated under section 626.557, and reports of
maltreatment of minors substantiated under section 626.556.

Subd. 3.

Multistate information.

(a) For any assessment
completed under this section, if the responsible social services
agency has reasonable cause to believe that the individual is a
multistate offender, the individual must provide the responsible
social services agency or the county attorney with a set of
classifiable fingerprints obtained from an authorized law
enforcement agency. The responsible social services agency or
county attorney may obtain criminal history data from the
National Criminal Records Repository by submitting the
fingerprints to the Bureau of Criminal Apprehension.

(b) For purposes of this subdivision, the responsible
social services agency has reasonable cause when, but not
limited to:

(1) information from the Bureau of Criminal Apprehension
indicates that the individual is a multistate offender;

(2) information from the Bureau of Criminal Apprehension
indicates that multistate offender status is undetermined;

(3) the social services agency has received a report from
the individual or a third party indicating that the individual
has a criminal history in a jurisdiction other than Minnesota;
or

(4) the individual is or has been a resident of a state
other than Minnesota at any time during the prior ten years.

Subd. 4.

Notice upon receipt.

The responsible social
services agency must provide the subject of the background study
with the results of the study under this section within 15
business days of receipt or at least 15 days prior to the
hearing at which the results will be presented, whichever comes
first. The subject may provide written information to the
agency that the results are incorrect and may provide additional
or clarifying information to the agency and to the court through
a party to the proceeding. This provision does not apply to any
background study conducted under chapters 245A and 245C.

Sec. 22.

Laws 2005, chapter 164, section 31, is amended to
read:

Sec. 31 new text begin REPEALER.
new text end

Minnesota Statutes 2004, sections 518.171; 518.54,
subdivisions 2, 4, and 4a; and 518.551, subdivisions deleted text begin 1, deleted text end 5a, 5c,
and 5f, are repealed.

Sec. 23. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 17 to 19 are effective the day following final
enactment.
new text end