SF 1792

2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to children; authorizing a parent to name a 
  1.3             designated parent; providing procedures; appropriating 
  1.4             money; amending Minnesota Statutes 1994, sections 
  1.5             171.07, by adding a subdivision; 260.173, subdivision 
  1.6             2; and 524.5-505; Minnesota Statutes 1995 Supplement, 
  1.7             section 13.69, subdivision 1; proposing coding for new 
  1.8             law as Minnesota Statutes, chapter 257A. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1995 Supplement, section 
  1.11  13.69, subdivision 1, is amended to read: 
  1.12     Subdivision 1.  [CLASSIFICATIONS.] (a) The following 
  1.13  government data of the department of public safety are private 
  1.14  data:  
  1.15     (1) medical data on driving instructors, licensed drivers, 
  1.16  and applicants for parking certificates and special license 
  1.17  plates issued to physically handicapped persons; 
  1.18     (2) other data on holders of a disability certificate under 
  1.19  section 169.345, except that data that are not medical data may 
  1.20  be released to law enforcement agencies; and 
  1.21     (3) social security numbers in driver's license and motor 
  1.22  vehicle registration records, except that social security 
  1.23  numbers must be provided to the department of revenue for 
  1.24  purposes of tax administration and the department of labor and 
  1.25  industry for purposes of workers' compensation administration 
  1.26  and enforcement.; and 
  1.27     (4) data on persons listed as designated parents under 
  2.1   section 171.07, subdivision 11, except that the data must be 
  2.2   released to: 
  2.3      (i) law enforcement agencies for the purpose of verifying 
  2.4   that an individual is a designated parent; or 
  2.5      (ii) law enforcement agencies who state that the license 
  2.6   holder is unable to communicate at that time and that the 
  2.7   information is necessary for notifying the designated parent of 
  2.8   the need to care for a child of the license holder.  
  2.9      (b) The following government data of the department of 
  2.10  public safety are confidential data:  data concerning an 
  2.11  individual's driving ability when that data is received from a 
  2.12  member of the individual's family. 
  2.13     Sec. 2.  Minnesota Statutes 1994, section 171.07, is 
  2.14  amended by adding a subdivision to read: 
  2.15     Subd. 11.  [DESIGNATED PARENT.] (a) Upon the written 
  2.16  request of the applicant on a form developed by the department 
  2.17  which contains the information specified in paragraph (b), and 
  2.18  upon payment of an additional fee of $......., the department 
  2.19  shall issue a driver's license or Minnesota identification card 
  2.20  bearing a symbol or other appropriate identifier indicating that 
  2.21  the license holder has appointed an individual to serve as a 
  2.22  designated parent under chapter 257A. 
  2.23     (b) The form shall provide as follows:  
  2.24     "...(Name of parent(s))... appoints ...(name of designated 
  2.25  parent)... to provide care for ...(name of child or children)... 
  2.26  when requested by the parent(s) or when the parent(s) is unable 
  2.27  to care for the child (children) and unable to request the 
  2.28  designated parent's assistance. 
  2.29     The designated parent will care for the child (children) 
  2.30  named in this form for (choose one of the following): 
  2.31     (indicate a specified period of time that is less than one 
  2.32  year); or 
  2.33     (indicate that care is to be provided for one year). 
  2.34     The designated parent has the powers and duties to make 
  2.35  decisions and meet the child's (children's) needs in the areas 
  2.36  checked or specified below: 
  3.1      education ..... 
  3.2      health care ..... 
  3.3      religion ..... 
  3.4      day care ..... 
  3.5      recreation ..... 
  3.6      other ..... 
  3.7    ........................................................... 
  3.8    ........................................................... 
  3.9    ........................................................... 
  3.10     The designated parent (choose one of the following): 
  3.11     is ... 
  3.12     is not ... 
  3.13     authorized to make decisions about financial issues and 
  3.14  control financial resources provided for the child (children) by 
  3.15  the parent. 
  3.16     This designated parent agreement is effective for four 
  3.17  years following the date it is signed by the parent(s), 
  3.18  designated parent, any child age 14 or older, and any alternate 
  3.19  designated parent.  However, the agreement may be canceled by a 
  3.20  parent, a designated parent, or an alternate designated parent 
  3.21  at any time before that date, upon notice to the other parties 
  3.22  to the agreement. 
  3.23     (Parent(s) signature(s) and Minnesota driver's license(s) 
  3.24  or Minnesota identification card number(s)) 
  3.25     (Designated parent signature, Minnesota driver's license or 
  3.26  Minnesota identification card number, address, and telephone 
  3.27  number) 
  3.28     (Alternate designated parent signature, Minnesota driver's 
  3.29  license, or Minnesota identification card number, address, and 
  3.30  telephone number) 
  3.31     (Child age 14 or older signature .....) 
  3.32     (Date .....) 
  3.33     (Notarization .....)" 
  3.34     (c) The department shall maintain a computerized records 
  3.35  system of all persons listed as designated parents by driver's 
  3.36  license and identification card applicants.  This data shall be 
  4.1   released to appropriate law enforcement agencies under section 
  4.2   13.69.  Upon a parent's request and payment of a fee of 
  4.3   $......., the department shall revise its list of designated 
  4.4   parents and alternates to reflect a change in the appointment of 
  4.5   a designated parent. 
  4.6      (d) At the request of the license or card holder, the 
  4.7   department shall cancel the designated parent indication without 
  4.8   additional charge.  However, this paragraph does not prohibit a 
  4.9   fee that may be applicable for a duplicate or replacement 
  4.10  license or card, renewal of a license, or other service 
  4.11  applicable to a driver's license or identification card. 
  4.12     (e) Notwithstanding sections 13.08, subdivision 1, and 
  4.13  13.69, the department and department employees are conclusively 
  4.14  presumed to be acting in good faith when employees rely on 
  4.15  statements made, in person or by telephone, by persons 
  4.16  purporting to be law enforcement and subsequently release 
  4.17  information described in paragraph (b).  When acting in good 
  4.18  faith, the department and department personnel are immune from 
  4.19  civil liability and not subject to suit for damages resulting 
  4.20  from the release of this information. 
  4.21     (f) The department and its employees: 
  4.22     (1) have no duty to inquire or otherwise determine whether 
  4.23  a form submitted under this subdivision contains the signatures 
  4.24  of all parents who have legal custody of a child; and 
  4.25     (2) are immune from all civil liability and not subject to 
  4.26  suit for damages resulting from a claim that any parent with 
  4.27  legal custody of a child has not signed the form. 
  4.28     Sec. 3.  [257A.01] [DESIGNATED PARENT.] 
  4.29     A parent who has legal custody of a child may name an adult 
  4.30  to serve as a designated parent to care for the parent's minor 
  4.31  child for a period of time specified in a designated parent 
  4.32  agreement, but not to exceed one year. 
  4.33     Sec. 4.  [257A.02] [DESIGNATED PARENT; ALTERNATE.] 
  4.34     An individual acting as a designated parent is exempt in 
  4.35  that role from any statute or administrative rule requiring a 
  4.36  foster care license.  A parent who has named a guardian by will 
  5.1   for the parent's children may name that guardian or another 
  5.2   individual as a designated parent for the child.  A parent who 
  5.3   has legal custody of more than one child may appoint the same or 
  5.4   a different designated parent for each child. 
  5.5      A parent may appoint an alternate designated parent who 
  5.6   would serve if the designated parent is unwilling or unable to 
  5.7   serve.  All the provisions of this chapter dealing with a 
  5.8   designated parent apply to an alternate designated parent. 
  5.9      Sec. 5.  [257A.03] [POWERS AND DUTIES OF DESIGNATED 
  5.10  PARENT.] 
  5.11     Subdivision 1.  [GENERAL.] A designated parent has all the 
  5.12  powers regarding the care, custody, and financial interests of a 
  5.13  minor child specified in the designated parent agreement, except 
  5.14  as otherwise provided in this section.  A designated parent does 
  5.15  not have the power to consent to marriage or adoption of the 
  5.16  child. 
  5.17     Subd. 2.  [CHILD SUPPORT.] A pre-existing child support 
  5.18  order is not suspended or terminated during the time a child is 
  5.19  cared for by a designated parent, unless otherwise provided by 
  5.20  court order.  A designated parent has a cause of action for 
  5.21  child support against an absent parent under section 256.87, 
  5.22  subdivision 5. 
  5.23     Sec. 6.  [257A.04] [CONSENTS AND NOTICE REQUIRED.] 
  5.24     To be valid, a designated parent agreement must have the 
  5.25  consent of: 
  5.26     (1) every parent whose parental rights to the child have 
  5.27  not been terminated; and 
  5.28     (2) the designated parent. 
  5.29     In addition, the agreement must be signed by a child age 14 
  5.30  or older to whom it applies, to indicate that the child has been 
  5.31  notified of the agreement. 
  5.32     Sec. 7.  [257A.05] [DURATION.] 
  5.33     Subdivision 1.  [IN GENERAL.] Unless canceled earlier under 
  5.34  section 257A.08 by a parent or the designated parent, a 
  5.35  designated parent agreement is effective for four years, after 
  5.36  which date a new agreement may be entered.  The new agreement 
  6.1   may name the same or a different designated parent.  A 
  6.2   designated parent agreement automatically terminates as to any 
  6.3   child when that child reaches age 18 or is lawfully married. 
  6.4      Subd. 2.  [DEATH OF A PARENT.] If a parent dies while a 
  6.5   designated parent agreement is in effect, and there is no living 
  6.6   parent able to care for the child, the designated parent shall 
  6.7   care for the child until a guardian appointed by will is able to 
  6.8   take custody of the child or until a court order otherwise 
  6.9   provides for the care of the child.  However, the designated 
  6.10  parent may cancel the agreement at any time under section 
  6.11  257A.08. 
  6.12     Sec. 8.  [257A.06] [FORM.] 
  6.13     Subdivision 1.  [WRITING.] A designated parent agreement 
  6.14  must be made in writing and all signatures must be notarized. 
  6.15     Subd. 2.  [DESIGNATED PARENT INDICATION ON DRIVER'S 
  6.16  LICENSE.] A parent who wishes to have a designated parent 
  6.17  indication placed on the parent's driver's license or 
  6.18  identification card under section 171.07, subdivision 11, must 
  6.19  submit a copy of the notarized designated parent agreement to 
  6.20  the department of public safety and pay any required fee. 
  6.21     Sec. 9.  [257A.07] [MULTIPLE AGREEMENTS.] 
  6.22     If more than one otherwise valid designated parent 
  6.23  agreement exists regarding the same child, the priority among 
  6.24  agreements is determined as follows: 
  6.25     (1) an agreement that has been submitted to the department 
  6.26  of public safety has priority over any other agreement; 
  6.27     (2) if more than one agreement has been submitted to the 
  6.28  department of public safety, the agreement with the most recent 
  6.29  date that has been submitted to the department controls; and 
  6.30     (3) if multiple agreements exist, none of which has been 
  6.31  submitted to the department of public safety, the agreement with 
  6.32  the most recent date controls. 
  6.33     Sec. 10.  [257A.08] [CANCELLATION.] 
  6.34     Subdivision 1.  [HOW AND BY WHOM.] A parent may cancel a 
  6.35  designated parent agreement at any time.  The parent shall 
  6.36  notify the designated parent of the cancellation.  If the 
  7.1   designated parent is caring for the child at the time of 
  7.2   cancellation, the child must be returned to the parent 
  7.3   immediately upon the parent's request. 
  7.4      A designated parent may decline to serve at any time, and 
  7.5   the parent must cancel the agreement immediately upon request by 
  7.6   the designated parent.  If a designated parent is caring for a 
  7.7   child when the designated parent cancels the agreement, the 
  7.8   parent must take physical custody of the child immediately.  If 
  7.9   the parent is unable to resume physical custody at that time: 
  7.10     (1) the parent may name a new designated parent to care for 
  7.11  the child who shall immediately take custody of the child; or 
  7.12     (2) the designated parent may contact the local social 
  7.13  service agency, which shall take custody of the child. 
  7.14     Subd. 2.  [NOTICE TO DEPARTMENT OF PUBLIC SAFETY.] A parent 
  7.15  who has had a designated parent indication placed on the 
  7.16  parent's driver's license or identification card under section 
  7.17  171.07, subdivision 11, has the responsibility to notify the 
  7.18  department of public safety in writing whenever a designated 
  7.19  parent agreement is canceled or a new designated parent or 
  7.20  alternate is chosen. 
  7.21     Sec. 11.  [257A.09] [EXTENDING PERIOD OF CARE.] 
  7.22     If a parent is unable to resume caring for a child upon 
  7.23  expiration of the period of care indicated in the designated 
  7.24  parent agreement, the period of care may be extended for a 
  7.25  length of time agreed by the parent and designated parent, but 
  7.26  not to exceed one year.  If a parent cannot be contacted or is 
  7.27  unable to communicate a decision about the child's care when the 
  7.28  agreed period of care expires, the designated parent may: 
  7.29     (1) petition the juvenile court to authorize continued care 
  7.30  by the designated parent until the parent is able to resume the 
  7.31  child's care, or for one year, whichever is sooner; or 
  7.32     (2) contact the local social service agency, which shall 
  7.33  take custody of the child. 
  7.34     Sec. 12.  [257A.10] [CONTEST OF APPOINTMENT.] 
  7.35     A local social service agency may file a motion in juvenile 
  7.36  court to contest a designated parent agreement that applies to a 
  8.1   child who is taken into custody under section 260.165 or about 
  8.2   whom a petition is filed alleging that the child is in need of 
  8.3   protection or services. 
  8.4      Sec. 13.  Minnesota Statutes 1994, section 260.173, 
  8.5   subdivision 2, is amended to read: 
  8.6      Subd. 2.  Notwithstanding the provisions of subdivision 1, 
  8.7   if the child had been taken into custody pursuant to section 
  8.8   260.165, subdivision 1, clause (a) or clause (c)(2), and is not 
  8.9   alleged to be delinquent, the child shall be detained in the 
  8.10  least restrictive setting consistent with the child's health and 
  8.11  welfare and in closest proximity to the child's family as 
  8.12  possible.  Placement may be with a child's relative, a 
  8.13  designated parent under chapter 257A, or in a shelter care 
  8.14  facility. 
  8.15     Sec. 14.  Minnesota Statutes 1994, section 524.5-505, is 
  8.16  amended to read: 
  8.17     524.5-505 [DELEGATION OF POWERS BY PARENT OR GUARDIAN.] 
  8.18     A parent or a guardian of a minor or incapacitated person, 
  8.19  by a properly executed power of attorney, may delegate to 
  8.20  another person, for a period not exceeding six months, any 
  8.21  powers regarding care, custody, or property of the minor or 
  8.22  ward, except the power to consent to marriage or adoption of a 
  8.23  minor ward.  A parent of a minor child may delegate those powers 
  8.24  for a period not exceeding one year by a designated parent 
  8.25  agreement under chapter 257A.  
  8.26     Sec. 15.  [APPROPRIATION.] 
  8.27     The sum of $....... is appropriated from the general fund 
  8.28  to the commissioner of public safety for the purposes of section 
  8.29  2. 
  8.30     Sec. 16.  [EFFECTIVE DATE.] 
  8.31     Sections 1 to 14 are effective January 1, 1997.