SF 990

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; changing absent parent's 
  1.3             liability for child support; adding provisions 
  1.4             relating to recognition of parentage; adding 
  1.5             provisions for administrative proceedings; adding 
  1.6             provisions for child support collection; amending 
  1.7             Minnesota Statutes 1994, sections 256.87, subdivision 
  1.8             5; 257.34, subdivision 1, and by adding a subdivision; 
  1.9             257.55, subdivision 1; 257.57, subdivision 2; 257.60; 
  1.10            257.67, subdivision 1; 257.75, subdivision 3, and by 
  1.11            adding a subdivision; 518.5511, subdivisions 1, 2, 3, 
  1.12            4, 5, 7, and 9; 518.611, subdivision 5; and 518.64, 
  1.13            subdivision 4, and by adding a subdivision; proposing 
  1.14            coding for new law in Minnesota Statutes, chapters 257 
  1.15            and 518; repealing Minnesota Statutes 1994, section 
  1.16            518.64, subdivision 6. 
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18                             ARTICLE 1 
  1.19                      RECOGNITION OF PARENTAGE 
  1.20     Section 1.  Minnesota Statutes 1994, section 256.87, 
  1.21  subdivision 5, is amended to read: 
  1.22     Subd. 5.  [CHILD NOT RECEIVING ASSISTANCE.] A person or 
  1.23  entity having physical custody of a dependent child not 
  1.24  receiving assistance under sections 256.031 to 256.0361, or 
  1.25  256.72 to 256.87 has a cause of action for child support against 
  1.26  the child's absent parents.  Upon a motion served on the absent 
  1.27  parent, the court shall order child support payments from the 
  1.28  absent parent under chapter 518.  The absent parent's liability 
  1.29  may include up to the two years immediately preceding the 
  1.30  commencement of the action.  This subdivision applies only if 
  1.31  the person or entity has physical custody with the consent of a 
  2.1   custodial parent or approval of the court.  
  2.2      Sec. 2.  Minnesota Statutes 1994, section 257.34, 
  2.3   subdivision 1, is amended to read: 
  2.4      Subdivision 1.  [ACKNOWLEDGMENT BY PARENTS.] The mother and 
  2.5   father of a child born to a mother who was not married to the 
  2.6   child's father when the child was conceived nor when the child 
  2.7   was born may, in a writing signed by both of them before a 
  2.8   notary public, declare and acknowledge under oath that they are 
  2.9   the biological parents of the child.  The declaration may 
  2.10  provide that any such child born to the mother at any time 
  2.11  before or up to ten months after the date of execution of the 
  2.12  declaration is the biological child of the signatories.  
  2.13  Execution of the declaration shall: 
  2.14     (a) have the same consequences as an acknowledgment by the 
  2.15  signatories of parentage of the child for the purposes of 
  2.16  sections 62A.041 and 62C.14, subdivision 5a; 
  2.17     (b) be conclusive evidence that the signatories are parents 
  2.18  of the child for the purposes of sections 176.111, 197.75, and 
  2.19  197.752; 
  2.20     (c) create a presumption that the signatory is the 
  2.21  biological father of the child for the purposes of sections 
  2.22  257.51 to 257.74; 
  2.23     (d) when timely filed with the division of vital statistics 
  2.24  of the Minnesota department of health as provided in section 
  2.25  259.51, qualify as an affidavit stating the intention of the 
  2.26  signatories to retain parental rights as provided in section 
  2.27  259.51 if it contains the information required by section 259.51 
  2.28  or rules promulgated thereunder; 
  2.29     (e) have the same consequences as a writing declaring 
  2.30  paternity of the child for the purposes of section 524.2-109; 
  2.31  and 
  2.32     (f) be conclusive evidence that the signatories are parents 
  2.33  of the child for the purposes of chapter 573. 
  2.34     Sec. 3.  Minnesota Statutes 1994, section 257.34, is 
  2.35  amended by adding a subdivision to read: 
  2.36     Subd. 4.  [EXPIRATION OF AUTHORITY FOR DECLARATIONS.] An 
  3.1   acknowledgment of parentage under this section may not be 
  3.2   entered into on or after August 1, 1995.  The mother and father 
  3.3   of a child born to a mother who was not married to the child's 
  3.4   father when the child was conceived nor when the child was born 
  3.5   may execute a recognition of parentage under section 257.75. 
  3.6      Sec. 4.  Minnesota Statutes 1994, section 257.55, 
  3.7   subdivision 1, is amended to read: 
  3.8      Subdivision 1.  [PRESUMPTION.] A man is presumed to be the 
  3.9   biological father of a child if:  
  3.10     (a) He and the child's biological mother are or have been 
  3.11  married to each other and the child is born during the marriage, 
  3.12  or within 280 days after the marriage is terminated by death, 
  3.13  annulment, declaration of invalidity, dissolution, or divorce, 
  3.14  or after a decree of legal separation is entered by a court; 
  3.15     (b) Before the child's birth, he and the child's biological 
  3.16  mother have attempted to marry each other by a marriage 
  3.17  solemnized in apparent compliance with law, although the 
  3.18  attempted marriage is or could be declared void, voidable, or 
  3.19  otherwise invalid, and, 
  3.20     (1) if the attempted marriage could be declared invalid 
  3.21  only by a court, the child is born during the attempted 
  3.22  marriage, or within 280 days after its termination by death, 
  3.23  annulment, declaration of invalidity, dissolution or divorce; or 
  3.24     (2) if the attempted marriage is invalid without a court 
  3.25  order, the child is born within 280 days after the termination 
  3.26  of cohabitation; 
  3.27     (c) After the child's birth, he and the child's biological 
  3.28  mother have married, or attempted to marry, each other by a 
  3.29  marriage solemnized in apparent compliance with law, although 
  3.30  the attempted marriage is or could be declared void, voidable, 
  3.31  or otherwise invalid, and, 
  3.32     (1) he has acknowledged his paternity of the child in 
  3.33  writing filed with the state registrar of vital statistics; 
  3.34     (2) with his consent, he is named as the child's father on 
  3.35  the child's birth certificate; or 
  3.36     (3) he is obligated to support the child under a written 
  4.1   voluntary promise or by court order; 
  4.2      (d) While the child is under the age of majority, he 
  4.3   receives the child into his home and openly holds out the child 
  4.4   as his biological child; 
  4.5      (e) He and the child's biological mother acknowledge his 
  4.6   paternity of the child in a writing signed by both of them under 
  4.7   section 257.34 and filed with the state registrar of vital 
  4.8   statistics.  If another man is presumed under this paragraph to 
  4.9   be the child's father, acknowledgment may be effected only with 
  4.10  the written consent of the presumed father or after the 
  4.11  presumption has been rebutted; 
  4.12     (f) Evidence of statistical probability of paternity based 
  4.13  on blood testing establishes the likelihood that he is the 
  4.14  father of the child, calculated with a prior probability of no 
  4.15  more than 0.5 (50 percent), is 99 percent or greater; 
  4.16     (g) He and the child's biological mother have executed a 
  4.17  recognition of parentage in accordance with section 257.75 and 
  4.18  another man is presumed to be the father under this subdivision; 
  4.19  or 
  4.20     (h) He and the child's biological mother have executed a 
  4.21  recognition of parentage in accordance with section 257.75 and 
  4.22  another man and the child's mother have executed a recognition 
  4.23  of parentage in accordance with section 257.75; or 
  4.24     (i) He and the child's biological mother executed a 
  4.25  recognition of parentage in accordance with section 257.75 when 
  4.26  either or both of the signatories were less than 18 years of age.
  4.27     Sec. 5.  Minnesota Statutes 1994, section 257.57, 
  4.28  subdivision 2, is amended to read: 
  4.29     Subd. 2.  The child, the mother, or personal representative 
  4.30  of the child, the public authority chargeable by law with the 
  4.31  support of the child, the personal representative or a parent of 
  4.32  the mother if the mother has died or is a minor, a man alleged 
  4.33  or alleging himself to be the father, or the personal 
  4.34  representative or a parent of the alleged father if the alleged 
  4.35  father has died or is a minor may bring an action: 
  4.36     (1) at any time for the purpose of declaring the existence 
  5.1   of the father and child relationship presumed under section 
  5.2   257.55, subdivision 1, paragraph (d), (e), (f), (g), or (h), or 
  5.3   the nonexistence of the father and child relationship presumed 
  5.4   under clause (d) of that subdivision; 
  5.5      (2) for the purpose of declaring the nonexistence of the 
  5.6   father and child relationship presumed under section 257.55, 
  5.7   subdivision 1, paragraph (e) or (g), only if the action is 
  5.8   brought within three years after the date of the execution of 
  5.9   the declaration or recognition of parentage; or 
  5.10     (3) for the purpose of declaring the nonexistence of the 
  5.11  father and child relationship presumed under section 257.55, 
  5.12  subdivision 1, paragraph (f), only if the action is brought 
  5.13  within three years after the party bringing the action, or the 
  5.14  party's attorney of record, has been provided the blood test 
  5.15  results; or 
  5.16     (4) for the purpose of declaring the nonexistence of the 
  5.17  father and child relationship presumed under section 257.75, 
  5.18  subdivision 9, only if the action is brought by the minor 
  5.19  signatory within six months after the minor signatory reaches 
  5.20  the age of 18.  In the case of a recognition of parentage 
  5.21  executed by two minor signatories, the action to declare the 
  5.22  nonexistence of the father and child relationship must be 
  5.23  brought within six months after the youngest signatory reaches 
  5.24  the age of 18. 
  5.25     Sec. 6.  Minnesota Statutes 1994, section 257.60, is 
  5.26  amended to read: 
  5.27     257.60 [PARTIES.] 
  5.28     The child may be made a party to the action.  If the child 
  5.29  is a minor and is made a party, a general guardian or a guardian 
  5.30  ad litem shall be appointed by the court to represent the 
  5.31  child.  The child's mother or father may not represent the child 
  5.32  as guardian or otherwise.  The biological mother, each man 
  5.33  presumed to be the father under section 257.55, and each man 
  5.34  alleged to be the biological father, shall be made parties or, 
  5.35  if not subject to the jurisdiction of the court, shall be given 
  5.36  notice of the action in a manner prescribed by the court and 
  6.1   shall be given an opportunity to be heard.  The public agency 
  6.2   responsible for support enforcement is joined as a party in each 
  6.3   case in which rights are assigned under section 256.74, 
  6.4   subdivision 5, and in each case in which the public agency is 
  6.5   providing services pursuant to an application for child support 
  6.6   services.  A person who may bring an action under section 257.57 
  6.7   may be made a party to the action.  The court may align the 
  6.8   parties.  The child shall be made a party whenever: 
  6.9      (1) the child is a minor and the case involves a compromise 
  6.10  under section 257.64, subdivision 1, or a lump sum payment under 
  6.11  section 257.66, subdivision 4, in which case the commissioner of 
  6.12  human services shall also be made a party subject to department 
  6.13  of human services rules relating to paternity suit settlements; 
  6.14  or 
  6.15     (2) the child is a minor and the action is to declare the 
  6.16  nonexistence of the father and child relationship; or 
  6.17     (3) an action to declare the existence of the father and 
  6.18  child relationship is brought by a man presumed to be the father 
  6.19  under section 257.55, or a man who alleges to be the father, and 
  6.20  the mother of the child denies the existence of the father and 
  6.21  child relationship. 
  6.22     Sec. 7.  Minnesota Statutes 1994, section 257.75, 
  6.23  subdivision 3, is amended to read: 
  6.24     Subd. 3.  [EFFECT OF RECOGNITION.] Subject to subdivision 2 
  6.25  and section 257.55, subdivision 1, paragraph (g) or (h), the 
  6.26  recognition has the force and effect of a judgment or order 
  6.27  determining the existence of the parent and child relationship 
  6.28  under section 257.66.  If the conditions in section 257.55, 
  6.29  subdivision 1, paragraph (g) or (h), exist, the recognition 
  6.30  creates only a presumption of paternity for purposes of sections 
  6.31  257.51 to 257.74.  Until an order is entered granting custody to 
  6.32  another, the mother has sole custody.  The recognition is: 
  6.33     (1) a basis for bringing an action to award custody or 
  6.34  visitation rights to either parent, establishing a child support 
  6.35  obligation which may include up to the two years immediately 
  6.36  preceding the commencement of the action, ordering a 
  7.1   contribution by a parent under section 256.87, or ordering a 
  7.2   contribution to the reasonable expenses of the mother's 
  7.3   pregnancy and confinement, as provided under section 257.66, 
  7.4   subdivision 3, or ordering reimbursement for the costs of blood 
  7.5   or genetic testing, as provided under section 257.69, 
  7.6   subdivision 2; 
  7.7      (2) determinative for all other purposes related to the 
  7.8   existence of the parent and child relationship; and 
  7.9      (3) entitled to full faith and credit in other 
  7.10  jurisdictions. 
  7.11     Sec. 8.  [257.651] [DEFAULT ORDER OF PARENTAGE.] 
  7.12     In an action to determine the existence of the father and 
  7.13  child relationship under sections 257.51 to 257.74, if the 
  7.14  alleged father fails to appear at a hearing after service duly 
  7.15  made and proved, the court shall enter a default judgment or 
  7.16  order of paternity. 
  7.17     Sec. 9.  Minnesota Statutes 1994, section 257.67, 
  7.18  subdivision 1, is amended to read: 
  7.19     Subdivision 1.  If existence of the parent and child 
  7.20  relationship is declared, or parentage or a duty of support has 
  7.21  been acknowledged or adjudicated under sections 257.51 to 257.74 
  7.22  or under prior law, the obligation of the noncustodial parent 
  7.23  may be enforced in the same or other proceedings by the 
  7.24  custodial parent, the child, the public authority that has 
  7.25  furnished or may furnish the reasonable expenses of pregnancy, 
  7.26  confinement, education, support, or funeral, or by any other 
  7.27  person, including a private agency, to the extent that person 
  7.28  has furnished or is furnishing these expenses.  Full faith and 
  7.29  credit shall be given to a determination of paternity made by 
  7.30  another state, whether established through voluntary 
  7.31  acknowledgment or through administrative or judicial processes. 
  7.32     Sec. 10.  Minnesota Statutes 1994, section 257.75, is 
  7.33  amended by adding a subdivision to read: 
  7.34     Subd. 9.  [EXECUTION BY A MINOR PARENT.] A recognition of 
  7.35  parentage executed and filed in accordance with this section by 
  7.36  a minor parent creates a presumption of paternity for the 
  8.1   purposes of sections 257.51 to 257.74. 
  8.2      Sec. 11.  [518.255] [PROVISION OF LEGAL SERVICES BY THE 
  8.3   PUBLIC AUTHORITY.] 
  8.4      The provision of services under the child support 
  8.5   enforcement program that includes services by an attorney or an 
  8.6   attorney's representative employed by, under contract to, or 
  8.7   representing the public authority does not create an 
  8.8   attorney-client relationship with any party other than the 
  8.9   public authority.  Attorneys employed by or under contract with 
  8.10  the public authority have an affirmative duty to inform 
  8.11  applicants and recipients of services in writing under the child 
  8.12  support enforcement program that no attorney-client relationship 
  8.13  exists between the attorney and the applicant or recipient.  The 
  8.14  written notice must inform the individual applicant or recipient 
  8.15  of services that no attorney-client relationship exists between 
  8.16  the attorney and the applicant or recipient, the rights of the 
  8.17  individual as a subject of data under section 13.04, subdivision 
  8.18  2, and that the individual has a right to have an attorney 
  8.19  represent the individual.  This section applies to all legal 
  8.20  services provided by the child support enforcement program.  
  8.21                             ARTICLE 2 
  8.22                      CHILD SUPPORT PROCEDURES 
  8.23     Section 1.  Minnesota Statutes 1994, section 518.5511, 
  8.24  subdivision 1, is amended to read: 
  8.25     Subdivision 1.  [GENERAL.] (a) An administrative process is 
  8.26  established to obtain, modify, and enforce child and medical 
  8.27  support orders and parentage orders and modify maintenance if 
  8.28  combined with a child support proceeding.  All laws governing 
  8.29  these actions apply insofar as they are not inconsistent with 
  8.30  the provisions of this section and section 518.5512.  Wherever 
  8.31  other laws are inconsistent with this section and section 
  8.32  518.5512, the provisions in this section and section 518.5512 
  8.33  shall apply. 
  8.34     (b) All proceedings for obtaining, modifying, or enforcing 
  8.35  child and medical support orders and modifying maintenance 
  8.36  orders if combined with a child support proceeding, are required 
  9.1   to be conducted in the administrative process when the public 
  9.2   authority is a party or provides services to a party or parties 
  9.3   to the proceedings.  At county option, the administrative 
  9.4   process may include contempt motions or actions to establish 
  9.5   parentage.  Nothing contained herein shall prevent a party, upon 
  9.6   timely notice to the public authority, from commencing an action 
  9.7   or bringing a motion for the establishment, modification, or 
  9.8   enforcement of child support or modification of maintenance 
  9.9   orders if combined with a child support proceeding in district 
  9.10  court, if additional issues involving domestic abuse, 
  9.11  establishment or modification of custody or visitation, property 
  9.12  issues, or other issues outside the jurisdiction of the 
  9.13  administrative process, are part of the motion or action, or 
  9.14  from proceeding with a motion or action brought by another party 
  9.15  containing one or more of these issues if it is pending in 
  9.16  district court. 
  9.17     (c) A party may make a written request to the public 
  9.18  authority to initiate an uncontested administrative proceeding.  
  9.19  If the public authority denies the request, the public authority 
  9.20  shall issue a summary order notice which denies the request for 
  9.21  relief, states the reasons for the denial, and notifies the 
  9.22  party of the right to commence an action for relief.  If the 
  9.23  party commences an action or serves and files a motion within 30 
  9.24  days after the public authority's denial and the party's action 
  9.25  results in a modification of a child support order, the 
  9.26  modification may be retroactive to the date the written request 
  9.27  was received by the public authority. 
  9.28     (d) After August 1, 1994, all counties shall participate in 
  9.29  the administrative process established in this section in 
  9.30  accordance with a statewide implementation plan to be set forth 
  9.31  by the commissioner of human services.  No county shall be 
  9.32  required to participate in the administrative process until 
  9.33  after the county has been trained.  The implementation plan 
  9.34  shall include provisions for training the counties by region no 
  9.35  later than July 1, 1995.  
  9.36     (e) For the purpose of the administrative process, all 
 10.1   powers, duties, and responsibilities conferred on judges of 
 10.2   district court to obtain and enforce child and medical support 
 10.3   and parentage and maintenance obligations, subject to the 
 10.4   limitations of this section are conferred on administrative law 
 10.5   judges, including the power to issue subpoenas, orders to show 
 10.6   cause, and bench warrants for failure to appear. 
 10.7      The administrative law judge has the authority to approve 
 10.8   parentage orders that contain uncontested custody and visitation 
 10.9   provisions. 
 10.10     Sec. 2.  Minnesota Statutes 1994, section 518.5511, 
 10.11  subdivision 2, is amended to read: 
 10.12     Subd. 2.  [UNCONTESTED ADMINISTRATIVE PROCEEDING.] (a) A 
 10.13  party may petition the chief administrative law judge, the chief 
 10.14  district court judge, or the chief family court referee to 
 10.15  proceed immediately to a contested hearing upon good cause shown.
 10.16     (b) The public authority shall give the parties written 
 10.17  notice requesting the submission of information necessary for 
 10.18  the public authority to prepare a proposed child support order.  
 10.19  The written notice shall be sent by first class mail to the 
 10.20  parties' last known addresses.  The written notice shall 
 10.21  describe the information requested, state the purpose of the 
 10.22  request, state the date by which the information must be 
 10.23  postmarked or received (which shall be at least 30 days from the 
 10.24  date of the mailing of the written notice), state that if the 
 10.25  information is not postmarked or received by that date, the 
 10.26  public authority will prepare a proposed order on the basis of 
 10.27  the information available, and identify the type of information 
 10.28  which will be considered.  
 10.29     (c) Following the submission of information or following 
 10.30  the date when the information was due, the public authority 
 10.31  shall, on the basis of all information available, complete and 
 10.32  sign a proposed child support order and notice.  In preparing 
 10.33  the proposed child support order, the public authority will 
 10.34  establish child support in the highest amount permitted under 
 10.35  section 518.551, subdivision 5.  The proposed order shall 
 10.36  include written findings in accordance with section 518.551, 
 11.1   subdivision 5, clauses (i) and (j).  The notice shall state that 
 11.2   the proposed child support order will be entered as a final and 
 11.3   binding default order unless one of the parties requests a 
 11.4   conference under subdivision 3 within 14 days following the date 
 11.5   of service of the proposed child support order.  The method for 
 11.6   requesting the conference shall be stated in the notice.  The 
 11.7   notice and proposed child support order shall be served under 
 11.8   the rules of civil procedure.  For the purposes of the contested 
 11.9   hearing, and notwithstanding any law or rule to the contrary, 
 11.10  the service of the proposed order pursuant to this paragraph 
 11.11  shall be deemed to have commenced a proceeding and the judge, 
 11.12  including an administrative law judge or a referee, shall have 
 11.13  jurisdiction over the contested hearing.  
 11.14     (d) If a conference under subdivision 3 is not requested by 
 11.15  a party within 14 days after the date of service of the proposed 
 11.16  child support order, the public authority may enter submit the 
 11.17  proposed order as the default order.  The default order 
 11.18  becomes effective 30 days after the date of service of the 
 11.19  notice in paragraph (c) enforceable upon signature by an 
 11.20  administrative law judge or district court judge or referee.  
 11.21  The public authority may also prepare and serve a new notice and 
 11.22  proposed child support order if new information is subsequently 
 11.23  obtained.  The default child support order shall be a final 
 11.24  order, and shall be served under the rules of civil procedure. 
 11.25     (e) The public authority shall file in the district court 
 11.26  copies of all notices served on the parties, proof of service, 
 11.27  and all orders.  
 11.28     Sec. 3.  Minnesota Statutes 1994, section 518.5511, 
 11.29  subdivision 3, is amended to read: 
 11.30     Subd. 3.  [ADMINISTRATIVE CONFERENCE.] (a) If a party 
 11.31  requests a conference within 14 days of the date of service of 
 11.32  the proposed order, the public authority shall schedule a 
 11.33  conference, and shall serve written notice of the date, time, 
 11.34  and place of the conference on the parties. 
 11.35     (b) The purpose of the conference is to review all 
 11.36  available information and seek an agreement to enter a consent 
 12.1   child support order.  The notice shall state the purpose of the 
 12.2   conference, and that the proposed child support order will be 
 12.3   entered as a final and binding default order if the requesting 
 12.4   party fails to appear at the conference.  The notice shall be 
 12.5   served on the parties by first class mail at their last known 
 12.6   addresses, and the method of service shall be documented in the 
 12.7   public authority file. 
 12.8      (c) A party alleging domestic abuse by the other party 
 12.9   shall not be required to participate in a conference.  In such a 
 12.10  case, the public authority shall meet separately with the 
 12.11  parties in order to determine whether an agreement can be 
 12.12  reached. 
 12.13     (d) If the party requesting the conference does not appear 
 12.14  and fails to provide a written excuse (with supporting 
 12.15  documentation if relevant) to the public authority within seven 
 12.16  days after the date of the conference which constitutes good 
 12.17  cause, the public authority may enter a default child support 
 12.18  order through the uncontested administrative process.  The 
 12.19  public authority shall not enter the default order until at 
 12.20  least seven days after the date of the conference.  
 12.21     For purposes of this section, misrepresentation, excusable 
 12.22  neglect, or circumstances beyond the control of the person who 
 12.23  requested the conference which prevented the person's appearance 
 12.24  at the conference constitutes good cause for failure to appear.  
 12.25  If the public authority finds good cause, the conference shall 
 12.26  be rescheduled by the public authority and the public authority 
 12.27  shall send notice as required under this subdivision. 
 12.28     (e) If the parties appear at the conference, the public 
 12.29  authority shall seek agreement of the parties to the entry of a 
 12.30  consent child support order which establishes child support in 
 12.31  accordance with applicable law.  The public authority shall 
 12.32  advise the parties that if a consent order is not entered, the 
 12.33  matter will be scheduled for a hearing before an administrative 
 12.34  law judge, or a district court judge or referee, and that the 
 12.35  public authority will seek the establishment of child support at 
 12.36  the hearing in accordance with the highest amount permitted 
 13.1   under section 518.551, subdivision 5.  If an agreement to enter 
 13.2   the consent order is not reached at the conference, the public 
 13.3   authority shall schedule the matter before an administrative law 
 13.4   judge, district court judge, or referee for a contested hearing. 
 13.5      (f) If an agreement is reached by the parties at the 
 13.6   conference, a consent child support order shall be prepared by 
 13.7   the public authority, and shall be signed by the parties.  All 
 13.8   consent and default orders shall be signed by the nonattorney 
 13.9   employee of the public authority and shall be submitted to an 
 13.10  administrative law judge or the district court for 
 13.11  countersignature approval and signature.  The order is effective 
 13.12  enforceable upon the signature by the administrative law judge 
 13.13  or the district court and is retroactive to the date of 
 13.14  signature by the nonattorney employee of the public authority.  
 13.15  The consent order shall be served on the parties under the rules 
 13.16  of civil procedure. 
 13.17     Sec. 4.  Minnesota Statutes 1994, section 518.5511, 
 13.18  subdivision 4, is amended to read: 
 13.19     Subd. 4.  [CONTESTED ADMINISTRATIVE PROCEEDING.] (a) The 
 13.20  commissioner of human services is authorized to designate 
 13.21  counties to use the contested administrative hearing process 
 13.22  based upon federal guidelines for county performance.  The 
 13.23  contested administrative hearing process may also be initiated 
 13.24  upon request of a county board.  The administrative hearing 
 13.25  process shall be implemented in counties designated by the 
 13.26  commissioner.  All counties shall participate in the contested 
 13.27  administrative process established in this section as designated 
 13.28  in a statewide implementation plan to be set forth by the 
 13.29  commissioner of human services.  No county may be required to 
 13.30  participate in the contested administrative process until after 
 13.31  the county has been trained.  The contested administrative 
 13.32  process must be in operation in all counties except Hennepin by 
 13.33  July 1, 1996. 
 13.34     A Hennepin county pilot program shall be jointly planned, 
 13.35  implemented, and evaluated by the department of human services, 
 13.36  the office of administrative hearings, the fourth judicial 
 14.1   district court, and Hennepin county and be in operation by July 
 14.2   1, 1996.  The pilot program shall provide that one-half of the 
 14.3   case load use the contested administrative process.  The pilot 
 14.4   program shall include an evaluation which shall be conducted 
 14.5   after one year of program operation.  A preliminary evaluation 
 14.6   report shall be submitted by the commissioner to the legislature 
 14.7   by March 1, 1997.  A final evaluation report shall be submitted 
 14.8   by the commissioner to the legislature by January 1, 1998.  The 
 14.9   pilot program shall continue pending final decision by the 
 14.10  legislature, or until the commissioner determines that Hennepin 
 14.11  county will not participate in the contested administrative 
 14.12  process. 
 14.13     In counties designated by the commissioner, contested 
 14.14  hearings required under this section shall be scheduled before 
 14.15  administrative law judges, and shall be conducted in accordance 
 14.16  with the provisions under this section.  In counties not 
 14.17  designated by the commissioner, contested hearings shall be 
 14.18  conducted in district court in accordance with the rules of 
 14.19  civil procedure and the rules of family court. 
 14.20     (b) An administrative law judge may conduct hearings and 
 14.21  approve a stipulation reached on a contempt motion brought by 
 14.22  the public authority.  Any stipulation that involves a finding 
 14.23  of contempt and a jail sentence, whether stayed or imposed, 
 14.24  shall require the review and signature of a district court judge.
 14.25     (c) For the purpose of this process, all powers, duties, 
 14.26  and responsibilities conferred on judges of the district court 
 14.27  to obtain and enforce child and medical support and maintenance 
 14.28  obligations, subject to the limitation set forth herein, are 
 14.29  conferred on the administrative law judge conducting the 
 14.30  proceedings, including the power to issue subpoenas, to issue 
 14.31  orders to show cause, and to issue bench warrants for failure to 
 14.32  appear.  A party, witness, or attorney may appear or testify by 
 14.33  telephone, audiovisual means, or other electronic means, at the 
 14.34  discretion of the administrative law judge. 
 14.35     (d) Before implementing the process in a county, the chief 
 14.36  administrative law judge, the commissioner of human services, 
 15.1   the director of the county human services agency, the county 
 15.2   attorney, the county court administrator, and the county sheriff 
 15.3   shall jointly establish procedures, and the county shall provide 
 15.4   hearing facilities for implementing this process in the county.  
 15.5   A contested administrative hearing shall be conducted in a 
 15.6   courtroom, if one is available, or a conference or meeting room 
 15.7   with at least two exits and of sufficient size to permit 
 15.8   adequate physical separation of the parties.  The court 
 15.9   administrator shall provide administrative support for the 
 15.10  contested hearing.  Security personnel shall either be present 
 15.11  during the administrative hearings, or be available to respond 
 15.12  to a request for emergency assistance.  
 15.13     (e) The contested administrative hearings shall be 
 15.14  conducted under the rules of the office of administrative 
 15.15  hearings, Minnesota Rules, parts 1400.5275, 1400.5500, 1400.6000 
 15.16  to 1400.6400, 1400.6600 to 1400.7000, 1400.7100 to 1400.7500, 
 15.17  1400.7700, and 1400.7800, and 1400.8100, as adopted by the chief 
 15.18  administrative law judge.  
 15.19     For matters not initiated under section 518.5511, 
 15.20  subdivision 2, documents from the moving party shall be served 
 15.21  and filed at least 14 days prior to the hearing and the opposing 
 15.22  party shall serve and file documents raising new issues at least 
 15.23  ten days prior to the hearing.  In all contested administrative 
 15.24  proceedings, the administrative law judge may limit the extent 
 15.25  and timing of discovery.  Except as provided under this section, 
 15.26  other aspects of the case, including, but not limited 
 15.27  to, pleadings, discovery, and motions, shall be conducted under 
 15.28  the rules of family court, the rules of civil procedure, and 
 15.29  chapter 518.  
 15.30     (f) Pursuant to a contested administrative hearing, the 
 15.31  administrative law judge shall make findings of fact, 
 15.32  conclusions, and a final decision and issue an order.  Orders 
 15.33  issued by an administrative law judge may be enforceable by the 
 15.34  contempt powers of the district courts.  
 15.35     (g) At the time the matter is scheduled for a contested 
 15.36  hearing, the public authority shall file in the district court 
 16.1   copies of all relevant documents sent to or received from the 
 16.2   parties, in addition to the documents filed under subdivision 2, 
 16.3   paragraph (e).  For matters scheduled for a contested hearing 
 16.4   which were not initiated under section 518.5511, subdivision 2, 
 16.5   the public authority shall obtain any income information 
 16.6   available to the public authority through the department of 
 16.7   economic security and serve this information on all parties and 
 16.8   file the information with the court at least five days prior to 
 16.9   the hearing. 
 16.10     (h) The decision and order of the administrative law judge 
 16.11  is appealable to the court of appeals in the same manner as a 
 16.12  decision of the district court.  
 16.13     Sec. 5.  Minnesota Statutes 1994, section 518.5511, 
 16.14  subdivision 5, is amended to read: 
 16.15     Subd. 5.  [NONATTORNEY AUTHORITY.] Nonattorney employees of 
 16.16  the public authority responsible for child support may prepare, 
 16.17  sign, serve, and file complaints, motions, notices, summary 
 16.18  orders notices, proposed orders, default orders, and consent 
 16.19  orders for obtaining, modifying, or enforcing child and medical 
 16.20  support orders, orders establishing paternity, and related 
 16.21  documents, and orders to modify maintenance if combined with a 
 16.22  child support order.  The nonattorney may also conduct 
 16.23  prehearing conferences, and participate in proceedings before an 
 16.24  administrative law judge.  This activity shall not be considered 
 16.25  to be the unauthorized practice of law.  Nonattorney employees 
 16.26  may not represent the interests of any party other than the 
 16.27  public authority, and may not give legal advice to any party. 
 16.28     Sec. 6.  Minnesota Statutes 1994, section 518.5511, 
 16.29  subdivision 7, is amended to read: 
 16.30     Subd. 7.  [PUBLIC AUTHORITY LEGAL ADVISOR.] At all stages 
 16.31  of the administrative process prior to the contested hearing, 
 16.32  the county attorney, or other attorney under contract, shall act 
 16.33  as the legal advisor for the public authority, but shall not 
 16.34  play an active role in the review of information and, the 
 16.35  preparation of default and consent orders, and the contested 
 16.36  hearings unless the nonattorney employee of the public authority 
 17.1   requests the appearance of the county attorney. 
 17.2      Sec. 7.  Minnesota Statutes 1994, section 518.5511, 
 17.3   subdivision 9, is amended to read: 
 17.4      Subd. 9.  [TRAINING AND RESTRUCTURING.] (a) The 
 17.5   commissioner of human services, in consultation with the office 
 17.6   of administrative hearings, shall be responsible for the 
 17.7   supervision of the administrative process.  The commissioner of 
 17.8   human services shall provide training to child support officers 
 17.9   and other employees of the public authority persons involved in 
 17.10  the administrative process.  The commissioner of human services 
 17.11  shall prepare simple and easy to understand forms for all 
 17.12  notices and orders prescribed in this subdivision section, and 
 17.13  the public authority shall use them.  
 17.14     (b) The office of administrative hearings shall be 
 17.15  responsible for training and monitoring the performance of 
 17.16  administrative law judges, maintaining records of proceedings, 
 17.17  providing transcripts upon request, and maintaining the 
 17.18  integrity of the district court file. 
 17.19     Sec. 8.  [518.5512] [ADMINISTRATIVE PROCEDURES FOR CHILD 
 17.20  AND MEDICAL SUPPORT ORDERS AND PARENTAGE ORDERS.] 
 17.21     Subdivision 1.  [GENERAL.] The provisions of this section 
 17.22  apply to actions conducted in the administrative process 
 17.23  pursuant to section 518.5511. 
 17.24     Subd. 2.  [PATERNITY.] (a) A nonattorney employee of the 
 17.25  public authority may request an administrative law judge or the 
 17.26  district court to order the child, mother, or alleged father to 
 17.27  submit to blood or genetic tests.  The order is effective when 
 17.28  signed by an administrative law judge or the district court.  
 17.29  Failure to comply with the order for blood or genetic tests may 
 17.30  result in a default determination of parentage.  
 17.31     (b) If parentage is contested at the administrative 
 17.32  hearing, the administrative law judge may order temporary child 
 17.33  support under section 257.62, subdivision 5, and shall refer the 
 17.34  case to the district court. 
 17.35     (c) The district court may appoint counsel for an indigent 
 17.36  alleged father only after the return of the blood or genetic 
 18.1   test results from the testing laboratory. 
 18.2      Subd. 3.  [COST-OF-LIVING ADJUSTMENT.] The notice of 
 18.3   application for adjustment shall be treated as a proposed order 
 18.4   under section 518.5511, subdivision 2, paragraph (c).  The 
 18.5   public authority shall stay the adjustment of support upon 
 18.6   receipt of a request for an administrative conference.  An 
 18.7   obligor requesting an administrative conference shall provide 
 18.8   all relevant information that establishes an insufficient 
 18.9   increase in income to justify the adjustment of the support 
 18.10  obligation.  If the obligor fails to submit any evidence at the 
 18.11  administrative conference, the cost-of-living adjustment will 
 18.12  immediately go into effect.  
 18.13                             ARTICLE 3 
 18.14                      CHILD SUPPORT COLLECTION 
 18.15     Section 1.  Minnesota Statutes 1994, section 518.611, 
 18.16  subdivision 5, is amended to read: 
 18.17     Subd. 5.  [ARREARAGE ORDER.] Nothing in this section shall 
 18.18  prevent the court from ordering the payor of funds to withhold 
 18.19  amounts to satisfy the obligor's previous arrearage in child 
 18.20  support or maintenance payments, the obligor's liability 
 18.21  for reimbursement of child support or of public assistance 
 18.22  pursuant to sections 256.87 and 257.66, for pregnancy and 
 18.23  confinement expenses and for blood test costs, and any service 
 18.24  fees that may be imposed under section 518.551.  This remedy 
 18.25  shall not operate to exclude availability of other remedies to 
 18.26  enforce judgments. 
 18.27     Sec. 2.  Minnesota Statutes 1994, section 518.64, 
 18.28  subdivision 4, is amended to read: 
 18.29     Subd. 4.  Unless otherwise agreed in writing or expressly 
 18.30  provided in the order, provisions for the support of a child are 
 18.31  not terminated by emancipation of the child but not by the death 
 18.32  of a parent obligated to support the child.  When a parent 
 18.33  obligated to pay support dies, the amount of support may be 
 18.34  modified, revoked, or commuted to a lump sum payment, to the 
 18.35  extent just and appropriate in the circumstances. 
 18.36     Sec. 3.  Minnesota Statutes 1994, section 518.64, is 
 19.1   amended by adding a subdivision to read: 
 19.2      Subd. 4a.  [AUTOMATIC TERMINATION OF SUPPORT.] (a) Unless a 
 19.3   court order provides otherwise, a child support obligation in a 
 19.4   specific amount per child terminates automatically and without 
 19.5   any action by the obligor to reduce, modify, or terminate the 
 19.6   order upon the emancipation of the child as provided under 
 19.7   section 518.54, subdivision 2. 
 19.8      (b) A child support obligation for two or more children 
 19.9   that is not a support obligation in a specific amount per child 
 19.10  continues in the full amount until the emancipation of the last 
 19.11  child for whose benefit the order was made, or until further 
 19.12  order of the court. 
 19.13     (c) The obligor may request a modification of his or her 
 19.14  child support order upon the emancipation of a child if there 
 19.15  are still minor children under the order.  The child support 
 19.16  obligation shall be determined based on the income of the 
 19.17  parties at the time the modification is sought.  The court may 
 19.18  provide that a modification order made under this paragraph is 
 19.19  effective as of the date that the child was emancipated. 
 19.20     Sec. 4.  [REPEALER.] 
 19.21     Minnesota Statutes 1994, section 518.64, subdivision 6, is 
 19.22  repealed. 
 19.23     Sec. 5.  [EFFECTIVE DATE.] 
 19.24     This act is effective August 1, 1995.