SF 2633

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to judicial procedures; requiring notification of residence with certain
convicted persons; modifying the presumption of biological paternity; providing
that determination of biological fatherhood does not preclude adjudication of
another as the legal father; requiring contact agreements between prospective
adoptive parents and birth relatives to be included in final adoption decree;
authorizing certain persons to solemnize marriage; modifying certain technical
marriage provisions; providing for appeal Fourth Judicial District Family Court
referee orders; authorizing solemnization of marriages by certain religious and
ethnic groups; requiring notice of mediation participation in the case of divorce
actions; authorizing parents to agree upon the legal standard to govern a decision
concerning removal of a child to another state; requiring a best interests standard
when considering removal of a child to another state; providing for modification
of custody orders; requiring summary real estate disposition judgments to
contain certain information; defining neglect under the maltreatment of minors
reporting law; requiring certain persons authorized to solemnize marriage to
make reports under the maltreatment of minors law; 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; 517.05;
517.14; 517.18; 518.091, subdivision 1; 518.1705, subdivisions 4, 7; 518.175,
subdivision 3; 518.179, by adding a subdivision; 518.18; 518.191, subdivision 2;
518.58, subdivision 4; Minnesota Statutes 2005 Supplement, section 626.556,
subdivisions 2, 3; proposing coding for new law in Minnesota Statutes, chapter
257.

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

Section 1.

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. 2.

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. 3.

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. 4.

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 (c) 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 under section
257.55, subdivision 2, nor does it allow the donor of genetic material for assisted
reproduction for the benefit of a recipient parent, whether sperm or ovum (egg), to claim
to be the child's biological or legal parent.
new text end

Sec. 5.

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. 6.

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 comply with the communication
or contact agreement, the court shall determine the terms of the communication and
contact agreement.
new text end

Sec. 7.

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. 8.

Minnesota Statutes 2004, section 517.05, is amended to read:

517.05 CREDENTIALS OF MINISTER new text begin OR MEJ KOOB new text end .

new text begin Subdivision 1. new text end

new text begin Minister. new text end

Ministers of any religious denomination, before they are
authorized to solemnize a marriage, shall file a copy of their credentials of license or
ordination with the deleted text begin court administrator of the district court deleted text end new text begin local registrar new text end of a county in
this state, who shall record the same and give a certificate thereof. The place where the
credentials are recorded shall be endorsed upon and recorded with each certificate of
marriage granted by a minister.

new text begin Subd. 2. new text end

new text begin Mej Koob. new text end

new text begin Before a Mej Koob is authorized to solemnize a marriage,
the Mej Koob must file a signed statement with the local registrar in any county in the
state indicating the person's intent to solemnize Hmong marriages as provided in section
517.18, subdivision 4a. The local registrar shall record the statement and give the person a
certificate indicating the person's authority to solemnize those marriages. The place where
the statement is recorded must be endorsed upon and recorded with each certificate of
marriage granted by the Mej Koob.
new text end

Sec. 9.

Minnesota Statutes 2004, section 517.14, is amended to read:

517.14 ILLEGAL MARRIAGE; FALSE CERTIFICATE; PENALTY.

new text begin A person who does any of the following is guilty of a misdemeanor:
new text end

new text begin (1) new text end a person authorized by law to solemnize marriages who knowingly solemnizes a
marriage contrary to the provisions of this chapter, or knowing of any legal impediment to
the proposed marriage deleted text begin , or deleted text end new text begin ; new text end

new text begin (2) a person new text end who willfully makes a false certificate of any marriage or pretended
marriage deleted text begin is guilty of a misdemeanor deleted text end new text begin ; or
new text end

new text begin (3) a person who knowingly facilitates or assists in arranging the solemnization of a
marriage contrary to the provisions of this chapter new text end .

Sec. 10.

Minnesota Statutes 2004, section 517.18, is amended to read:

517.18 MARRIAGE SOLEMNIZATION new text begin ; SPECIAL PROVISIONS new text end .

Subdivision 1.

Friends or Quakers.

deleted text begin All deleted text end Marriages solemnized among the people
called Friends or Quakers, in the form heretofore practiced and in use in their meetings,
shall be valid and not affected by any of the foregoing provisions. deleted text begin The clerk of the meeting
in which such marriage is solemnized, within one month after any such marriage, shall
deliver a certificate of the same to the local registrar of the county where the marriage took
place, under penalty of not more than $100. Such certificate shall be filed and recorded by
the court administrator under a like penalty. If such marriage does not take place in such
meeting, such certificate shall be signed by the parties and at least six witnesses present,
and shall be filed and recorded as above provided under a like penalty.
deleted text end

Subd. 2.

Baha'i.

Marriages may be solemnized among members of the Baha'i faith
by the chair of an incorporated local Spiritual Assembly of the Baha'is, according to the
form and usage of such society.

Subd. 3.

new text begin Buddhists; new text end Hindus; Muslims.

Marriages may be solemnized among
new text begin Buddhists, new text end Hindus new text begin , new text end or Muslims by the person chosen by a local new text begin Buddhist, new text end Hindu new text begin , new text end or
Muslim association, according to the form and usage of their respective religions.

Subd. 4.

American Indians.

Marriages may be solemnized among American
Indians according to the form and usage of their religion by an Indian Mide' or holy
person chosen by the parties to the marriage.

new text begin Subd. 4a. new text end

new text begin Hmong. new text end

new text begin Marriages may be solemnized among Hmong by the Mej Koob.
new text end

Subd. 5.

Construction of section.

Nothing in subdivisions 2 to deleted text begin 4 deleted text end new text begin 4a new text end shall be
construed to alter the requirements of section 517.01, 517.09 or 517.10.

new text begin Subd. 6. new text end

new text begin Filing of certificate. new text end

new text begin (a) Within five days after a marriage is solemnized
under subdivision 1, the clerk of the meeting shall deliver a certificate of the marriage to
the local registrar of the county where the marriage took place. If the marriage did not take
place at a meeting, the certificate must be signed by the parties and at least six witnesses
to the marriage and delivered by one of the parties. Within five days after a marriage is
solemnized in a manner specified in subdivisions 2 to 4a, the person who solemnized the
marriage must deliver the certificate. The local registrar shall file and record the certificate.
new text end

new text begin (b) A person who does not deliver, file, or record a certificate as required under this
subdivision is subject to a civil penalty of up to $100.
new text end

new text begin Subd. 7. new text end

new text begin Application of other law. new text end

new text begin Nothing in this section authorizes the
solemnization of a marriage in violation of this chapter or solemnization of a marriage to
which both parties do not voluntarily consent.
new text end

Sec. 11.

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. 12.

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 A parenting plan is not required to designate sole or joint legal or physical
custody. If the parenting plan substitutes other terms for legal and physical custody or
does not make a designation and 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.
new text end

Sec. 13.

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. 14.

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

Subd. 3.

Move to another state.

new text begin (a) new text end 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 (b) 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:
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 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 (c) 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. 15.

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 nonbiological 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. 16.

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. 17.

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 service of the summons
and petition was made personally pursuant to the Rules of Civil Procedure, Rule 4.03(a),
or section 543.19; (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. 18.

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 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. 19.

Minnesota Statutes 2005 Supplement, section 626.556, subdivision 2, is
amended to read:

Subd. 2.

Definitions.

As used in this section, the following terms have the meanings
given them unless the specific content indicates otherwise:

(a) "Family assessment" means a comprehensive assessment of child safety, risk
of subsequent child maltreatment, and family strengths and needs that is applied to a
child maltreatment report that does not allege substantial child endangerment. Family
assessment does not include a determination as to whether child maltreatment occurred
but does determine the need for services to address the safety of family members and the
risk of subsequent maltreatment.

(b) "Investigation" means fact gathering related to the current safety of a child
and the risk of subsequent maltreatment that determines whether child maltreatment
occurred and whether child protective services are needed. An investigation must be used
when reports involve substantial child endangerment, and for reports of maltreatment in
facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to
144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and
13, and 124D.10; or in a nonlicensed personal care provider association as defined in
sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.

(c) "Substantial child endangerment" means a person responsible for a child's care, a
person who has a significant relationship to the child as defined in section 609.341, or a
person in a position of authority as defined in section 609.341, who by act or omission
commits or attempts to commit an act against a child under their care that constitutes
any of the following:

(1) egregious harm as defined in section 260C.007, subdivision 14;

(2) sexual abuse as defined in paragraph (d);

(3) abandonment under section 260C.301, subdivision 2;

(4) neglect as defined in paragraph (f), clause (2), that substantially endangers the
child's physical or mental health, including a growth delay, which may be referred to as
failure to thrive, that has been diagnosed by a physician and is due to parental neglect;

(5) murder in the first, second, or third degree under section 609.185, 609.19, or
609.195;

(6) manslaughter in the first or second degree under section 609.20 or 609.205;

(7) assault in the first, second, or third degree under section 609.221, 609.222, or
609.223;

(8) solicitation, inducement, and promotion of prostitution under section 609.322;

(9) criminal sexual conduct under sections 609.342 to 609.3451;

(10) solicitation of children to engage in sexual conduct under section 609.352;

(11) malicious punishment or neglect or endangerment of a child under section
609.377 or 609.378;

(12) use of a minor in sexual performance under section 617.246; or

(13) parental behavior, status, or condition which mandates that the county attorney
file a termination of parental rights petition under section 260C.301, subdivision 3,
paragraph (a).

(d) "Sexual abuse" means the subjection of a child by a person responsible for the
child's care, by a person who has a significant relationship to the child, as defined in
section 609.341, or by a person in a position of authority, as defined in section 609.341,
subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual
conduct in the first degree), 609.343 (criminal sexual conduct in the second degree),
609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct
in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual
abuse also includes any act which involves a minor which constitutes a violation of
prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes
threatened sexual abuse.

(e) "Person responsible for the child's care" means (1) an individual functioning
within the family unit and having responsibilities for the care of the child such as a
parent, guardian, or other person having similar care responsibilities, or (2) an individual
functioning outside the family unit and having responsibilities for the care of the child
such as a teacher, school administrator, other school employees or agents, or other lawful
custodian of a child having either full-time or short-term care responsibilities including,
but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching,
and coaching.

(f) "Neglect" means:

(1) failure by a person responsible for a child's care to supply a child with necessary
food, clothing, shelter, health, medical, or other care required for the child's physical or
mental health when reasonably able to do so;

(2) failure to protect a child from conditions or actions that seriously endanger the
child's physical or mental health when reasonably able to do so, including a growth delay,
which may be referred to as a failure to thrive, that has been diagnosed by a physician and
is due to parental neglect;

(3) failure to provide for necessary supervision or child care arrangements
appropriate for a child after considering factors as the child's age, mental ability, physical
condition, length of absence, or environment, when the child is unable to care for the
child's own basic needs or safety, or the basic needs or safety of another child in their care;

(4) failure to ensure that the child is educated as defined in sections 120A.22 and
260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's
child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;

(5) nothing in this section shall be construed to mean that a child is neglected solely
because the child's parent, guardian, or other person responsible for the child's care in
good faith selects and depends upon spiritual means or prayer for treatment or care of
disease or remedial care of the child in lieu of medical care; except that a parent, guardian,
or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report
if a lack of medical care may cause serious danger to the child's health. This section does
not impose upon persons, not otherwise legally responsible for providing a child with
necessary food, clothing, shelter, education, or medical care, a duty to provide that care;

(6) prenatal exposure to a controlled substance, as defined in section 253B.02,
subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal
symptoms in the child at birth, results of a toxicology test performed on the mother at
delivery or the child at birth, or medical effects or developmental delays during the child's
first year of life that medically indicate prenatal exposure to a controlled substance;

(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);

(8) chronic and severe use of alcohol or a controlled substance by a parent or
person responsible for the care of the child that adversely affects the child's basic needs
and safety; deleted text begin or
deleted text end

(9) emotional harm from a pattern of behavior which contributes to impaired
emotional functioning of the child which may be demonstrated by a substantial and
observable effect in the child's behavior, emotional response, or cognition that is not
within the normal range for the child's age and stage of development, with due regard
to the child's culture new text begin ; or
new text end

new text begin (10) allowing a child to enter into a marriage in violation of section 517.02, or
otherwise allowing solemnization of a marriage in accordance with the form and usage of
a particular religion or culture in violation of these provisions, regardless of whether the
marriage is solemnized in a manner authorized under chapter 517 new text end .

(g) "Physical abuse" means any physical injury, mental injury, or threatened injury,
inflicted by a person responsible for the child's care on a child other than by accidental
means, or any physical or mental injury that cannot reasonably be explained by the child's
history of injuries, or any aversive or deprivation procedures, or regulated interventions,
that have not been authorized under section 121A.67 or 245.825. Abuse does not include
reasonable and moderate physical discipline of a child administered by a parent or legal
guardian which does not result in an injury. Abuse does not include the use of reasonable
force by a teacher, principal, or school employee as allowed by section 121A.582. Actions
which are not reasonable and moderate include, but are not limited to, any of the following
that are done in anger or without regard to the safety of the child:

(1) throwing, kicking, burning, biting, or cutting a child;

(2) striking a child with a closed fist;

(3) shaking a child under age three;

(4) striking or other actions which result in any nonaccidental injury to a child
under 18 months of age;

(5) unreasonable interference with a child's breathing;

(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;

(7) striking a child under age one on the face or head;

(8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled
substances which were not prescribed for the child by a practitioner, in order to control
or punish the child; or other substances that substantially affect the child's behavior,
motor coordination, or judgment or that results in sickness or internal injury, or subjects
the child to medical procedures that would be unnecessary if the child were not exposed
to the substances;

(9) unreasonable physical confinement or restraint not permitted under section
609.379, including but not limited to tying, caging, or chaining; or

(10) in a school facility or school zone, an act by a person responsible for the child's
care that is a violation under section 121A.58.

(h) "Report" means any report received by the local welfare agency, police
department, county sheriff, or agency responsible for assessing or investigating
maltreatment pursuant to this section.

(i) "Facility" means a licensed or unlicensed day care facility, residential facility,
agency, hospital, sanitarium, or other facility or institution required to be licensed under
sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or chapter 245B; or a school
as defined in sections 120A.05, subdivisions 9, 11, and 13; and 124D.10; or a nonlicensed
personal care provider organization as defined in sections 256B.04, subdivision 16, and
256B.0625, subdivision 19a.

(j) "Operator" means an operator or agency as defined in section 245A.02.

(k) "Commissioner" means the commissioner of human services.

(l) "Practice of social services," for the purposes of subdivision 3, includes but is
not limited to employee assistance counseling and the provision of guardian ad litem and
parenting time expeditor services.

(m) "Mental injury" means an injury to the psychological capacity or emotional
stability of a child as evidenced by an observable or substantial impairment in the child's
ability to function within a normal range of performance and behavior with due regard to
the child's culture.

(n) "Threatened injury" means a statement, overt act, condition, or status that
represents a substantial risk of physical or sexual abuse or mental injury. Threatened
injury includes, but is not limited to, exposing a child to a person responsible for the
child's care, as defined in paragraph (e), clause (1), who has:

(1) subjected a child to, or failed to protect a child from, an overt act or condition
that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a
similar law of another jurisdiction;

(2) been found to be palpably unfit under section 260C.301, paragraph (b), clause
(4), or a similar law of another jurisdiction;

(3) committed an act that has resulted in an involuntary termination of parental rights
under section 260C.301, or a similar law of another jurisdiction; or

(4) committed an act that has resulted in the involuntary transfer of permanent legal
and physical custody of a child to a relative under section 260C.201, subdivision 11,
paragraph (d), clause (1), or a similar law of another jurisdiction.

(o) Persons who conduct assessments or investigations under this section shall take
into account accepted child-rearing practices of the culture in which a child participates
and accepted teacher discipline practices, which are not injurious to the child's health,
welfare, and safety.

Sec. 20.

Minnesota Statutes 2005 Supplement, section 626.556, subdivision 3, is
amended to read:

Subd. 3.

Persons mandated to report.

(a) A person who knows or has reason
to believe a child is being neglected or physically or sexually abused, as defined in
subdivision 2, or has been neglected or physically or sexually abused within the preceding
three years, shall immediately report the information to the local welfare agency, agency
responsible for assessing or investigating the report, police department, or the county
sheriff if the person is:

(1) a professional or professional's delegate who is engaged in the practice of
the healing arts, social services, hospital administration, psychological or psychiatric
treatment, child care, education, correctional supervision, probation and correctional
services, or law enforcement; deleted text begin or
deleted text end

(2) employed as a member of the clergy and received the information while
engaged in ministerial duties, provided that a member of the clergy is not required by
this subdivision to report information that is otherwise privileged under section 595.02,
subdivision 1, paragraph (c) new text begin ; or
new text end

new text begin (3) a person who has authority to solemnize a marriage under chapter 517, who has
received information regarding neglect, as defined in subdivision 2, paragraph (f), clause
(10), while engaged in the performance of that function new text end .

The police department or the county sheriff, upon receiving a report, shall
immediately notify the local welfare agency or agency responsible for assessing or
investigating the report, orally and in writing. The local welfare agency, or agency
responsible for assessing or investigating the report, upon receiving a report, shall
immediately notify the local police department or the county sheriff orally and in writing.
The county sheriff and the head of every local welfare agency, agency responsible
for assessing or investigating reports, and police department shall each designate a
person within their agency, department, or office who is responsible for ensuring that
the notification duties of this paragraph and paragraph (b) are carried out. Nothing in
this subdivision shall be construed to require more than one report from any institution,
facility, school, or agency.

(b) Any person may voluntarily report to the local welfare agency, agency
responsible for assessing or investigating the report, police department, or the county
sheriff if the person knows, has reason to believe, or suspects a child is being or has been
neglected or subjected to physical or sexual abuse. The police department or the county
sheriff, upon receiving a report, shall immediately notify the local welfare agency or
agency responsible for assessing or investigating the report, orally and in writing. The
local welfare agency or agency responsible for assessing or investigating the report, upon
receiving a report, shall immediately notify the local police department or the county
sheriff orally and in writing.

(c) A person mandated to report physical or sexual child abuse or neglect occurring
within a licensed facility shall report the information to the agency responsible for
licensing the facility under sections 144.50 to 144.58; 241.021; 245A.01 to 245A.16; or
chapter 245B; or a nonlicensed personal care provider organization as defined in sections
256B.04, subdivision 16; and 256B.0625, subdivision 19. A health or corrections agency
receiving a report may request the local welfare agency to provide assistance pursuant
to subdivisions 10, 10a, and 10b. A board or other entity whose licensees perform work
within a school facility, upon receiving a complaint of alleged maltreatment, shall provide
information about the circumstances of the alleged maltreatment to the commissioner of
education. Section 13.03, subdivision 4, applies to data received by the commissioner of
education from a licensing entity.

(d) Any person mandated to report shall receive a summary of the disposition of
any report made by that reporter, including whether the case has been opened for child
protection or other services, or if a referral has been made to a community organization,
unless release would be detrimental to the best interests of the child. Any person who is
not mandated to report shall, upon request to the local welfare agency, receive a concise
summary of the disposition of any report made by that reporter, unless release would be
detrimental to the best interests of the child.

(e) For purposes of this subdivision, "immediately" means as soon as possible but in
no event longer than 24 hours.