SF 346

2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to child custody; expanding provisions for 
  1.3             relative ex parte temporary custody; amending 
  1.4             Minnesota Statutes 1998, section 518.158, subdivisions 
  1.5             1 and 2. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 518.158, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [FACTORS.] (a) It is presumed to be in the 
  1.10  best interests of the child for the court to grant temporary 
  1.11  custody to a relative under subdivision 2 if a minor child has 
  1.12  resided with the relative for a period of 12 months or more and 
  1.13  the following circumstances exist without good cause: 
  1.14     (1) the parent has had no contact with the child on a 
  1.15  regular basis and no demonstrated, consistent participation in 
  1.16  the child's well-being for six months; or 
  1.17     (2) the parent, during the time the child resided with the 
  1.18  relative, has refused or neglected to comply with the duties 
  1.19  imposed upon the parent by the parent and child relationship, 
  1.20  including but not limited to providing the child necessary food, 
  1.21  clothing, shelter, health care, education, and other care and 
  1.22  control necessary for the child's physical, mental, or emotional 
  1.23  health and development. 
  1.24     (b) It is also presumed to be in the best interests of the 
  1.25  child for the court to grant temporary custody to a relative 
  2.1   under subdivision 2 if the relative has permanent custody of a 
  2.2   sibling of the child and: 
  2.3      (1) the child is currently residing with the relative and a 
  2.4   factor in paragraph (a), clause (1) or (2), is present, 
  2.5   regardless of duration; or 
  2.6      (2) the application alleges an immediate and present danger 
  2.7   to the physical safety of the child in the home of the parent. 
  2.8      Sec. 2.  Minnesota Statutes 1998, section 518.158, 
  2.9   subdivision 2, is amended to read: 
  2.10     Subd. 2.  [EMERGENCY CUSTODY HEARING.] If the parent seeks 
  2.11  to remove the child from the home of the relative or if the 
  2.12  relative seeks to remove the child from the home of the parent 
  2.13  and the applicable factors in subdivision 1 exist, the relative 
  2.14  may apply for an ex parte temporary order for custody of the 
  2.15  child.  The application must include an affidavit made under 
  2.16  oath that states with particularity the specific facts and 
  2.17  circumstances on which the application is based.  The court 
  2.18  shall grant temporary custody if it finds, based on the 
  2.19  application, that the applicable factors in subdivision 1 
  2.20  exist.  If it finds that the factors in subdivision 1 do not 
  2.21  exist, the court shall order that the child be returned to or 
  2.22  remain with the parent.  An ex parte temporary custody order 
  2.23  under this subdivision is effective for a fixed period not to 
  2.24  exceed 14 days.  A temporary custody hearing under this chapter 
  2.25  must be set for not later than seven days after issuance of the 
  2.26  ex parte temporary custody order, except that if the ex parte 
  2.27  temporary custody order is based on the grounds under 
  2.28  subdivision 1, paragraph (b), clause (2), the temporary custody 
  2.29  hearing must be set for not later than 72 hours, excluding 
  2.30  Saturdays, Sundays, and holidays, after issuance of the order.  
  2.31  The parent must be promptly served with a copy of the ex parte 
  2.32  order and the petition and notice of the date for the hearing.