3rd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to family law; providing for parenting plans; 1.3 clarifying the procedure for obtaining custody and 1.4 parenting time when a recognition of parentage has 1.5 been executed; altering the standards for modifying 1.6 physical custody; changing certain terminology; 1.7 amending Minnesota Statutes 1998, sections 15.87; 1.8 119A.37; 124D.23, subdivision 8; 256L.01, subdivision 1.9 3a; 257.541; 257.75, subdivision 3; 257A.01, 1.10 subdivision 2; 257A.03, subdivision 2; 480.30, 1.11 subdivision 1; 494.015, subdivision 1; 517.08, 1.12 subdivision 1c; 518.003, subdivision 3, and by adding 1.13 a subdivision; 518.131, subdivisions 1, 2, 3, 7, and 1.14 by adding a subdivision; 518.156; 518.157, 1.15 subdivisions 1 and 3; 518.165, subdivision 1; 518.175, 1.16 subdivisions 1, 1a, 2, 3, 5, 6, and 8; 518.1751; 1.17 518.176, subdivision 2; 518.177; 518.179, subdivision 1.18 1; 518.18; 518.612; 518.619, subdivision 1; 518.68, 1.19 subdivisions 1 and 2; 518B.01, subdivisions 4, 6, and 1.20 8; 519.11, subdivision 1a; 609.26, subdivision 2; 1.21 629.341, subdivision 3; and 631.52, subdivision 1; 1.22 Minnesota Statutes 1999 Supplement, sections 119A.45; 1.23 257.66, subdivision 3; 494.03; 518.155; 518.165, 1.24 subdivision 2; 518.178; 518.551, subdivision 5; 1.25 609.26, subdivision 1; and 626.556, subdivision 2; 1.26 proposing coding for new law in Minnesota Statutes, 1.27 chapter 518. 1.28 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.29 ARTICLE 1 1.30 PARENTING PLANS AND PARENTING TIME 1.31 Section 1. Minnesota Statutes 1998, section 518.003, is 1.32 amended by adding a subdivision to read: 1.33 Subd. 5. [PARENTING TIME.] "Parenting time" means the time 1.34 a parent spends with a child regardless of the custodial 1.35 designation regarding the child. 1.36 Sec. 2. Minnesota Statutes 1998, section 518.131, is 2.1 amended by adding a subdivision to read: 2.2 Subd. 11. [TEMPORARY SUPPORT AND MAINTENANCE.] Temporary 2.3 support and maintenance may be ordered during the time a 2.4 parenting plan is being developed under section 518.1705. 2.5 Sec. 3. [518.1705] [PARENTING PLANS.] 2.6 Subdivision 1. [DEFINITION.] "Domestic abuse" for the 2.7 purposes of this section has the meaning given in section 2.8 518B.01, subdivision 2. 2.9 Subd. 2. [PLAN ELEMENTS.] (a) A parenting plan must 2.10 include the following: 2.11 (1) a schedule of the time each parent spends with the 2.12 child; 2.13 (2) a designation of decision-making responsibilities 2.14 regarding the child; and 2.15 (3) a method of dispute resolution. 2.16 (b) A parenting plan may include other issues and matters 2.17 the parents agree to regarding the child. 2.18 (c) Parents voluntarily agreeing to parenting plans may 2.19 substitute other terms for physical and legal custody, including 2.20 designations of joint or sole custody, provided that the terms 2.21 used in the substitution are defined in the parenting plan. 2.22 Subd. 3. [CREATING PARENTING PLAN; RESTRICTIONS ON 2.23 CREATION; ALTERNATIVE.] (a) Upon the request of both parents, a 2.24 parenting plan must be created in lieu of an order for child 2.25 custody and parenting time unless the court makes detailed 2.26 findings that the proposed plan is not in the best interests of 2.27 the child. 2.28 (b) If both parents do not agree to a parenting plan, the 2.29 court may create one on its own motion, except that the court 2.30 must not do so if it finds that a parent has committed domestic 2.31 abuse against a parent or child who is a party to, or subject 2.32 of, the matter before the court. If the court creates a 2.33 parenting plan on its own motion, it must not use alternative 2.34 terminology unless the terminology is agreed to by the parties. 2.35 (c) If an existing order does not contain a parenting plan, 2.36 the parents must not be required to create a parenting plan as 3.1 part of a modification order under section 518.64. 3.2 (d) A parenting plan must not be required during an action 3.3 under section 256.87. 3.4 (e) If the parents do not agree to a parenting plan and the 3.5 court does not create one on its own motion, orders for custody 3.6 and parenting time must be entered under sections 518.17 and 3.7 518.175 or section 257.541, as applicable. 3.8 Subd. 4. [CUSTODY DESIGNATION.] A final judgment and 3.9 decree that includes a parenting plan using alternate terms to 3.10 designate decision-making responsibilities or allocation of 3.11 residential time between the parents must designate whether the 3.12 parents have joint legal custody or joint physical custody or 3.13 which parent has sole legal custody or sole physical custody, or 3.14 both. This designation is solely for enforcement of the final 3.15 judgment and decree where this designation is required for that 3.16 enforcement and has no effect under the laws of this state, any 3.17 other state, or another country that do not require this 3.18 designation. 3.19 Subd. 5. [ROLE OF COURT.] If both parents agree to the use 3.20 of a parenting plan but are unable to agree on all terms, the 3.21 court may create a parenting plan under this section. If the 3.22 court is considering a parenting plan, it may require each 3.23 parent to submit a proposed parenting plan at any time before 3.24 entry of the final judgment and decree. If parents seek the 3.25 court's assistance in deciding the schedule for each parent's 3.26 time with the child or designation of decision-making 3.27 responsibilities regarding the child, the court may order an 3.28 evaluation and should consider the appointment of a guardian ad 3.29 litem. Parenting plans, whether entered on the court's own 3.30 motion, following a contested hearing, or reviewed by the court 3.31 pursuant to a stipulation, must be based on the best interests 3.32 factors in section 518.17 or 257.025, as applicable. 3.33 Subd. 6. [RESTRICTIONS ON PREPARATION OF PARENTING 3.34 PLAN.] (a) Dispute resolution processes other than the judicial 3.35 process may not be required in the preparation of a parenting 3.36 plan if a parent is alleged to have committed domestic abuse 4.1 toward a parent or child who is a party to, or subject of, the 4.2 matter before the court. In these cases, the court shall 4.3 consider the appointment of a guardian ad litem and a parenting 4.4 plan evaluator. 4.5 (b) The court may not require a parenting plan that 4.6 provides for joint legal custody or use of dispute resolution 4.7 processes, other than the judicial process, if the court finds 4.8 that section 518.179 applies or the court finds that either 4.9 parent has engaged in the following toward a parent or child who 4.10 is a party to, or subject of, the matter before the court: 4.11 (1) acts of domestic abuse, including physical harm, bodily 4.12 injury, and infliction of fear of physical harm, assault, 4.13 terroristic threats, or criminal sexual conduct; 4.14 (2) physical, sexual, or a pattern of emotional abuse of a 4.15 child; or 4.16 (3) willful abandonment that continues for an extended 4.17 period of time or substantial refusal to perform parenting 4.18 functions. 4.19 Subd. 7. [MOVING THE CHILD TO ANOTHER STATE.] Parents may 4.20 agree, but the court must not require, that in a parenting plan 4.21 the factors in section 518.17 or 257.025, as applicable, will 4.22 govern a decision concerning removal of a child's residence from 4.23 this state, provided that: 4.24 (1) both parents were represented by counsel when the 4.25 parenting plan was approved; or 4.26 (2) the court found the parents were fully informed, the 4.27 agreement was voluntary, and the parents were aware of its 4.28 implications. 4.29 Subd. 8. [ALLOCATION OF CERTAIN EXPENSES.] (a) Parents 4.30 creating a parenting plan are subject to the requirements of the 4.31 child support guidelines under section 518.551. 4.32 (b) Parents may include in the parenting plan an allocation 4.33 of expenses for the child. The allocation is an enforceable 4.34 contract between the parents. 4.35 Subd. 9. [MODIFICATION OF PARENTING PLANS.] (a) Parents 4.36 may modify the schedule of the time each parent spends with the 5.1 child or the decision-making provisions of a parenting plan by 5.2 agreement. To be enforceable, modifications must be confirmed 5.3 by court order. A motion to modify decision-making provisions 5.4 or the time each parent spends with the child may be made only 5.5 within the time limits provided by section 518.18. 5.6 (b) The parties may agree, but the court must not require 5.7 them, to apply the best interests standard in section 518.17 or 5.8 257.025, as applicable, for deciding a motion for modification 5.9 that would change the child's primary residence, provided that: 5.10 (1) both parties were represented by counsel when the 5.11 parenting plan was approved; or 5.12 (2) the court found the parties were fully informed, the 5.13 agreement was voluntary, and the parties were aware of its 5.14 implications. 5.15 (c) If the parties do not agree to apply the best interests 5.16 standard, section 518.18, paragraph (d), applies. 5.17 Sec. 4. Minnesota Statutes 1998, section 518.175, 5.18 subdivision 5, is amended to read: 5.19 Subd. 5. [MODIFICATION OF
VISITATIONPARENTING PLAN OR 5.20 ORDER FOR PARENTING TIME.] If modification would serve the best 5.21 interests of the child, the court shall modify the 5.22 decision-making provisions of a parenting plan or an order 5.23 granting or denying visitation rights whenever modification5.24 would serve the best interests of the childparenting time, if 5.25 the modification would not change the child's primary residence. 5.26 Except as provided in section 631.52, the court may not restrict 5.27 visitation rightsparenting time unless it finds that: 5.28 (1) the visitationparenting time is likely to endanger the 5.29 child's physical or emotional health or impair the child's 5.30 emotional development; or 5.31 (2) the noncustodial parent has chronically and 5.32 unreasonably failed to comply with court-ordered visitation5.33 parenting time. 5.34 If the custodial parent makes specific allegations that 5.35 visitationparenting time places the custodial parent or child 5.36 in danger of harm, the court shall hold a hearing at the 6.1 earliest possible time to determine the need to modify the order 6.2 granting visitation rightsparenting time. Consistent with 6.3 subdivision 1a, the court may require a third party, including 6.4 the local social services agency, to supervise the visitation6.5 parenting time or may restrict a parent's visitation6.6 rightsparenting time if necessary to protect the custodial 6.7 parent or child from harm. In addition, if there is an existing 6.8 order for protection governing the parties, the court shall 6.9 consider the use of an independent, neutral exchange location 6.10 for parenting time. 6.11 Sec. 5. Minnesota Statutes 1998, section 518.18, is 6.12 amended to read: 6.13 518.18 [MODIFICATION OF ORDER.] 6.14 (a) Unless agreed to in writing by the parties, no motion 6.15 to modify a custody order or parenting plan may be made earlier 6.16 than one year after the date of the entry of a decree of 6.17 dissolution or legal separation containing a provision dealing 6.18 with custody, except in accordance with paragraph (c). 6.19 (b) If a motion for modification has been heard, whether or 6.20 not it was granted, unless agreed to in writing by the parties 6.21 no subsequent motion may be filed within two years after 6.22 disposition of the prior motion on its merits, except in 6.23 accordance with paragraph (c). 6.24 (c) The time limitations prescribed in paragraphs (a) and 6.25 (b) shall not prohibit a motion to modify a custody order or 6.26 parenting plan if the court finds that there is persistent and 6.27 willful denial or interference with visitationparenting time, 6.28 or has reason to believe that the child's present environment 6.29 may endanger the child's physical or emotional health or impair 6.30 the child's emotional development. 6.31 (d) If the court has jurisdiction to determine child 6.32 custody matters, the court shall not modify a prior custody 6.33 order or a parenting plan provision which specifies the child's 6.34 primary residence unless it finds, upon the basis of facts, 6.35 including unwarranted denial of, or interference with, a duly 6.36 established visitationparenting time schedule, that have arisen 7.1 since the prior order or that were unknown to the court at the 7.2 time of the prior order, that a change has occurred in the 7.3 circumstances of the child or the parties and that the 7.4 modification is necessary to serve the best interests of the 7.5 child. In applying these standards the court shall retain the 7.6 custody arrangement or the parenting plan provision specifying 7.7 the child's primary residence that was established by the prior 7.8 order unless: 7.9 (i) the court finds that a change in the custody 7.10 arrangement or primary residence is in the best interests of the 7.11 child and the parties previously agreed, in a writing approved 7.12 by a court, to apply the best interests standard in section 7.13 518.17 or 257.025, as applicable; and, with respect to 7.14 agreements approved by a court on or after the effective date of 7.15 this clause, both parties were represented by counsel when the 7.16 agreement was approved or the court found the parties were fully 7.17 informed, the agreement was voluntary, and the parties were 7.18 aware of its implications; 7.19 (ii) both parties agree to the modification; 7.20 (ii)(iii) the child has been integrated into the family of 7.21 the petitioner with the consent of the other party; or 7.22 (iii)(iv) the child's present environment endangers the 7.23 child's physical or emotional health or impairs the child's 7.24 emotional development and the harm likely to be caused by a 7.25 change of environment is outweighed by the advantage of a change 7.26 to the child. 7.27 In addition, a court may modify a custody order or 7.28 parenting plan under section 631.52. 7.29 (e) In deciding whether to modify a prior joint custody 7.30 order, the court shall apply the standards set forth in 7.31 paragraph (d) unless: (1) the parties agree in writing to the 7.32 application of a different standard, or (2) the party seeking 7.33 the modification is asking the court for permission to move the 7.34 residence of the child to another state. 7.35 (f) If a custodial parent has been granted sole physical 7.36 custody of a minor and the child subsequently lives with the 8.1 noncustodial parent, and temporary sole physical custody has 8.2 been approved by the court or by a court-appointed referee, the 8.3 court may suspend the noncustodial parent's child support 8.4 obligation pending the final custody determination. The court's 8.5 order denying the suspension of child support must include a 8.6 written explanation of the reasons why continuation of the child 8.7 support obligation would be in the best interests of the child. 8.8 Sec. 6. [518.183] [REPLACING CERTAIN ORDERS.] 8.9 Upon request of both parties the court must modify an order 8.10 entered under section 518.17 or 518.175 before the effective 8.11 date of this act by entering a parenting plan that complies with 8.12 section 518.1705, unless the court makes detailed findings that 8.13 entering a parenting plan is not in the best interests of the 8.14 child. If only one party makes the request, the court may 8.15 modify the order by entering a parenting plan that complies with 8.16 section 518.1705. The court must apply the standards in section 8.17 518.18 when considering a motion to enter a parenting plan that 8.18 would change the child's primary residence. The court must 8.19 apply the standards in section 518.17 when considering a motion 8.20 to enter a parenting plan that would: 8.21 (1) change decision-making responsibilities of the parents; 8.22 or 8.23 (2) change the time each parent spends with the child, but 8.24 not change the child's primary residence. 8.25 Sec. 7. Minnesota Statutes 1998, section 518B.01, 8.26 subdivision 6, is amended to read: 8.27 Subd. 6. [RELIEF BY THE COURT.] (a) Upon notice and 8.28 hearing, the court may provide relief as follows: 8.29 (1) restrain the abusing party from committing acts of 8.30 domestic abuse; 8.31 (2) exclude the abusing party from the dwelling which the 8.32 parties share or from the residence of the petitioner; 8.33 (3) exclude the abusing party from a reasonable area 8.34 surrounding the dwelling or residence, which area shall be 8.35 described specifically in the order; 8.36 (4) award temporary custody or establish temporary 9.1 visitationparenting time with regard to minor children of the 9.2 parties on a basis which gives primary consideration to the 9.3 safety of the victim and the children. Except for cases in 9.4 which custody is contested, findings under section 257.025, 9.5 518.17, or 518.175 are not required. If the court finds that 9.6 the safety of the victim or the children will be jeopardized by 9.7 unsupervised or unrestricted visitationparenting time, the 9.8 court shall condition or restrict visitationparenting time as 9.9 to time, place, duration, or supervision, or deny 9.10 visitationparenting time entirely, as needed to guard the 9.11 safety of the victim and the children. The court's decision on 9.12 custody and visitationparenting time shall in no way delay the 9.13 issuance of an order for protection granting other reliefs9.14 relief provided for in this section. The court must not enter a 9.15 parenting plan under section 518.1705 as part of an action for 9.16 an order for protection; 9.17 (5) on the same basis as is provided in chapter 518, 9.18 establish temporary support for minor children or a spouse, and 9.19 order the withholding of support from the income of the person 9.20 obligated to pay the support according to chapter 518; 9.21 (6) provide upon request of the petitioner counseling or 9.22 other social services for the parties, if married, or if there 9.23 are minor children; 9.24 (7) order the abusing party to participate in treatment or 9.25 counseling services; 9.26 (8) award temporary use and possession of property and 9.27 restrain one or both parties from transferring, encumbering, 9.28 concealing, or disposing of property except in the usual course 9.29 of business or for the necessities of life, and to account to 9.30 the court for all such transfers, encumbrances, dispositions, 9.31 and expenditures made after the order is served or communicated 9.32 to the party restrained in open court; 9.33 (9) exclude the abusing party from the place of employment 9.34 of the petitioner, or otherwise limit access to the petitioner 9.35 by the abusing party at the petitioner's place of employment; 9.36 (10) order the abusing party to pay restitution to the 10.1 petitioner; 10.2 (11) order the continuance of all currently available 10.3 insurance coverage without change in coverage or beneficiary 10.4 designation; and 10.5 (12) order, in its discretion, other relief as it deems 10.6 necessary for the protection of a family or household member, 10.7 including orders or directives to the sheriff, constable, or 10.8 other law enforcement or corrections officer as provided by this 10.9 section. 10.10 (b) Any relief granted by the order for protection shall be 10.11 for a fixed period not to exceed one year, except when the court 10.12 determines a longer fixed period is appropriate. When a referee 10.13 presides at the hearing on the petition, the order granting 10.14 relief becomes effective upon the referee's signature. 10.15 (c) An order granting the relief authorized in paragraph 10.16 (a), clause (1), may not be vacated or modified in a proceeding 10.17 for dissolution of marriage or legal separation, except that the 10.18 court may hear a motion for modification of an order for 10.19 protection concurrently with a proceeding for dissolution of 10.20 marriage upon notice of motion and motion. The notice required 10.21 by court rule shall not be waived. If the proceedings are 10.22 consolidated and the motion to modify is granted, a separate 10.23 order for modification of an order for protection shall be 10.24 issued. 10.25 (d) An order granting the relief authorized in paragraph 10.26 (a), clause (2) or (3), is not voided by the admittance of the 10.27 abusing party into the dwelling from which the abusing party is 10.28 excluded. 10.29 (e) If a proceeding for dissolution of marriage or legal 10.30 separation is pending between the parties, the court shall 10.31 provide a copy of the order for protection to the court with 10.32 jurisdiction over the dissolution or separation proceeding for 10.33 inclusion in its file. 10.34 (f) An order for restitution issued under this subdivision 10.35 is enforceable as civil judgment. 10.36 Sec. 8. [EFFECTIVE DATE.] 11.1 Section 5, paragraph (d), clause (i), is effective the day 11.2 following final enactment, and applies to written agreements 11.3 approved by a court before, on, or after that date. The 11.4 remaining provisions of this article are effective January 1, 11.5 2001. 11.6 ARTICLE 2 11.7 CONFORMING TERMINOLOGY 11.8 Section 1. Minnesota Statutes 1998, section 15.87, is 11.9 amended to read: 11.10 15.87 [VICTIMS OF VIOLENCE.] 11.11 In furtherance of the state policy of zero tolerance for 11.12 violence in section 1.50, the state shall have a goal of 11.13 providing: 11.14 (1) every victim of violence in Minnesota, regardless of 11.15 the county of residence, access to necessary services, 11.16 including, but not limited to: 11.17 (i) crisis intervention services, including a 24-hour 11.18 emergency telephone line; 11.19 (ii) safe housing; 11.20 (iii) counseling and peer support services; and 11.21 (iv) assistance in pursuing legal remedies and appropriate 11.22 medical care; and 11.23 (2) every child who is a witness to abuse or who is a 11.24 victim of violence, access to necessary services, including, but 11.25 not limited to: 11.26 (i) crisis child care; 11.27 (ii) safe supervised child visitationparenting time or 11.28 independent, neutral exchange locations for parenting time, when 11.29 needed; 11.30 (iii) age appropriate counseling and support; and 11.31 (iv) assistance with legal remedies, medical care, and 11.32 needed social services. 11.33 Sec. 2. Minnesota Statutes 1998, section 119A.37, is 11.34 amended to read: 11.35 119A.37 [GRANTS FOR FAMILY VISITATIONPARENTING TIME 11.36 CENTERS.] 12.1 Subdivision 1. [PURPOSE.] The commissioner shall issue a 12.2 request for proposals from existing local nonprofit, 12.3 nongovernmental, or governmental organizations, to use existing 12.4 local facilities as family visitationparenting time centers 12.5 which may also be used for visitationparenting time exchanges. 12.6 The commissioner shall award grants in amounts up to $50,000 for 12.7 the purpose of creating or maintaining family visitation12.8 parenting time centers in an effort to reduce children's 12.9 vulnerability to violence and trauma related to family12.10 visitationparenting time, where there has been a history of 12.11 domestic violence or abuse within the family. The commissioner 12.12 shall award the grants to provide the greatest possible number 12.13 of family visitationparenting time centers and to locate them 12.14 to provide for the broadest possible geographic distribution of 12.15 the centers throughout the state. 12.16 Each children's family visitationparenting time center 12.17 must use existing local facilities to provide a healthy 12.18 interactive environment for parents who are separated or 12.19 divorced and for parents with children in foster homes to visit 12.20 with their children. The centers must be available for use by 12.21 district courts who may order visitationparenting time to occur 12.22 at a family visitationparenting time center. The centers may 12.23 also be used as drop-off sites, so that parents who are under 12.24 court order to have no contact with each other can exchange 12.25 children for visitationparenting time at a neutral site. Each 12.26 center must provide sufficient security to ensure a 12.27 safe visitationparenting time environment for children and 12.28 their parents. A grantee must demonstrate the ability to 12.29 provide a 25 percent local match, which may include in-kind 12.30 contributions. 12.31 Subd. 2. [COUNTY INVOLVEMENT.] Each county or group of 12.32 counties is encouraged to provide supervised visitation12.33 parenting time services in an effort to fill the gap in the 12.34 court system that orders supervised visitationparenting time 12.35 but does not provide a center to accomplish the 12.36 supervised visitationparenting time as ordered. Each county or 13.1 group of counties is encouraged to either financially contribute 13.2 to an existing family visitationparenting time center in the 13.3 area, or establish a new center if there is not one in the area, 13.4 possibly through county social services. In creating a new 13.5 center, the county may collaborate with other counties, 13.6 other family visitationparenting time centers, family services 13.7 collaboratives, court services, and any other entity or 13.8 organization. The goal is to provide family visitation13.9 parenting time centers statewide. The county shall apply for 13.10 funding that may be available through the federal government, 13.11 specifically for family preservation or family reunification 13.12 purposes, or any other source of funding that will aid in 13.13 developing and maintaining this vital service. 13.14 Subd. 3. [FUNDING.] The commissioner may award grants to 13.15 create or maintain family visitationparenting time centers. 13.16 In awarding grants to maintain a family visitation13.17 parenting time center, the commissioner may award a grant to a 13.18 center that can demonstrate a 35 percent local match, provided 13.19 the center is diligently exploring and pursuing all available 13.20 funding options in an effort to become self-sustaining, and 13.21 those efforts are reported to the commissioner. 13.22 In awarding grants to create a family visitationparenting 13.23 time center, the commissioner shall give priority to: 13.24 (1) areas of the state where no other family visitation13.25 parenting time center or similar facility exists; 13.26 (2) applicants who demonstrate that private funding for the 13.27 center is available and will continue; and 13.28 (3) facilities that are adapted for use to care for 13.29 children, such as day care centers, religious institutions, 13.30 community centers, schools, technical colleges, parenting 13.31 resource centers, and child care referral services. 13.32 In awarding grants to create or maintain a family13.33 visitationparenting time center, the commissioner shall require 13.34 the proposed center to meet standards developed by the 13.35 commissioner to ensure the safety of the custodial parent and 13.36 children. 14.1 Subd. 4. [ADDITIONAL SERVICES.] Each family visitation14.2 parenting time center may provide parenting and child 14.3 development classes, and offer support groups to participating 14.4 custodial parents and hold regular classes designed to assist 14.5 children who have experienced domestic violence and abuse. Each 14.6 family visitationparenting time center must have available an 14.7 individual knowledgeable about or experienced in the provision 14.8 of services to battered women on its staff, its board of 14.9 directors, or otherwise available to it for consultation. 14.10 Subd. 5. [ADMINISTRATION.] In administering the grants 14.11 authorized by this section, the commissioner shall ensure that 14.12 the term " family visitationparenting time center" is used in 14.13 all future applications, publicity releases, requests for 14.14 proposals, and other materials of like nature. Materials 14.15 published prior to the enactment of this legislation which use 14.16 different terms may be distributed by the commissioner until 14.17 supplies are gone. 14.18 Sec. 3. Minnesota Statutes 1999 Supplement, section 14.19 119A.45, is amended to read: 14.20 119A.45 [EARLY CHILDHOOD LEARNING AND CHILD PROTECTION 14.21 FACILITIES.] 14.22 The commissioner may make grants to state agencies and 14.23 political subdivisions to construct or rehabilitate facilities 14.24 for early childhood programs, with priority to centers in 14.25 counties or municipalities with the highest percentage of 14.26 children living in poverty. The commissioner may also make 14.27 grants to state agencies and political subdivisions to construct 14.28 or rehabilitate facilities for crisis nurseries or child14.29 visitationparenting time centers. The facilities must be owned 14.30 by the state or a political subdivision, but may be leased under 14.31 section 16A.695 to organizations that operate the programs. The 14.32 commissioner must prescribe the terms and conditions of the 14.33 leases. A grant for an individual facility must not exceed 14.34 $200,000 for each program that is housed in the facility, up to 14.35 a maximum of $500,000 for a facility that houses three programs 14.36 or more. Programs include Head Start, early childhood and 15.1 family education programs, and other early childhood 15.2 intervention programs. The commissioner must give priority to 15.3 grants that involve collaboration among sponsors of programs 15.4 under this section and may give priority to projects that 15.5 collaborate with child care providers, including all-day and 15.6 school-age child care programs, special needs care, sick child 15.7 care, and nontraditional hour care. The commissioner may give 15.8 priority to grants for programs that will increase their child 15.9 care workers' wages as a result of the grant. At least 25 15.10 percent of the amounts appropriated for these grants up to 15.11 $50,000 must utilize youthbuild under sections 268.361 to 15.12 268.366 or other youth employment and training programs for the 15.13 labor portion of the construction. Eligible programs must 15.14 consult with appropriate labor organizations to deliver 15.15 education and training. State appropriations must be matched on 15.16 a 50 percent basis with nonstate funds. The matching 15.17 requirement must apply programwide and not to individual grants. 15.18 Sec. 4. Minnesota Statutes 1998, section 124D.23, 15.19 subdivision 8, is amended to read: 15.20 Subd. 8. [PLAN APPROVAL BY THE CHILDREN'S CABINET.] (a) 15.21 The children's cabinet must approve local plans for 15.22 collaboratives. In approving local plans, the children's 15.23 cabinet must give highest priority to a plan that provides: 15.24 (1) early intervention and family outreach services; 15.25 (2) family visitationparenting time services; 15.26 (3) a continuum of services for children from birth to age 15.27 18; 15.28 (4) family preservation services; 15.29 (5) culturally sensitive approaches for delivering services 15.30 and utilizing culturally specific organizations; 15.31 (6) clearly defined outcomes and valid methods of 15.32 assessment; 15.33 (7) effective service coordination; 15.34 (8) participation by the maximum number of jurisdictions 15.35 and local, county, and state funding sources; 15.36 (9) integrated community service providers and local 16.1 resources; 16.2 (10) integrated transportation services; 16.3 (11) integrated housing services; and 16.4 (12) coordinated services that include a children's mental 16.5 health collaborative authorized by law. 16.6 (b) The children's cabinet must ensure that the 16.7 collaboratives established under this section do not conflict 16.8 with any state or federal policy or program and do not 16.9 negatively impact the state budget. 16.10 Sec. 5. Minnesota Statutes 1998, section 256L.01, 16.11 subdivision 3a, is amended to read: 16.12 Subd. 3a. [FAMILY WITH CHILDREN.] (a) "Family with 16.13 children" means: 16.14 (1) parents, their children, and dependent siblings 16.15 residing in the same household; or 16.16 (2) grandparents, foster parents, relative caretakers as 16.17 defined in the medical assistance program, or legal guardians; 16.18 their wards who are children; and dependent siblings residing in 16.19 the same household. 16.20 (b) The term includes children and dependent siblings who 16.21 are temporarily absent from the household in settings such as 16.22 schools, camps, or visitationparenting time with noncustodial 16.23 parents. 16.24 (c) For purposes of this subdivision, a dependent sibling 16.25 means an unmarried child who is a full-time student under the 16.26 age of 25 years who is financially dependent upon a parent, 16.27 grandparent, foster parent, relative caretaker, or legal 16.28 guardian. Proof of school enrollment is required. 16.29 Sec. 6. Minnesota Statutes 1998, section 257.541, is 16.30 amended to read: 16.31 257.541 [CUSTODY AND VISITATION OFPARENTING TIME WITH 16.32 CHILDREN BORN OUTSIDE OF MARRIAGE.] 16.33 Subdivision 1. [MOTHER'S RIGHT TO CUSTODY.] The biological 16.34 mother of a child born to a mother who was not married to the 16.35 child's father neitherwhen the child was born norand was not 16.36 married to the child's father when the child was conceived has 17.1 sole custody of the child until paternity has been established 17.2 under sections 257.51 to 257.74, or until custody is determined 17.3 in a separate proceeding under section 518.156. 17.4 Subd. 2. [FATHER'S RIGHT TO VISITATIONPARENTING TIME AND 17.5 CUSTODY.] (a) If paternity has been acknowledged under section 17.6 257.34 and paternity has been established under sections 257.51 17.7 to 257.74, the father's rights of visitationparenting time or 17.8 custody are determined under sections 518.17 and 518.175. 17.9 (b) If paternity has not been acknowledged under section 17.10 257.34 and paternity has been established under sections 257.51 17.11 to 257.74, the biological father may petition for rights of 17.12 visitationparenting time or custody in the paternity proceeding 17.13 or in a separate proceeding under section 518.156. 17.14 Subd. 3. [FATHER'S RIGHT TO VISITATIONPARENTING TIME AND 17.15 CUSTODY; RECOGNITION OF PATERNITY.] If paternity has been 17.16 recognized under section 257.75, the father may petition for 17.17 rights of visitationparenting time or custody in an independent 17.18 action under section 518.156. The proceeding must be treated as 17.19 an initial determination of custody under section 518.17. The 17.20 provisions of chapter 518 apply with respect to the granting of 17.21 custody and visitationparenting time. An action to determine 17.22 custody and parenting time may be commenced pursuant to chapter 17.23 518 without an adjudication of parentage. These proceedings may 17.24 not be combined with any proceeding under chapter 518B. 17.25 Sec. 7. Minnesota Statutes 1999 Supplement, section 17.26 257.66, subdivision 3, is amended to read: 17.27 Subd. 3. [JUDGMENT; ORDER.] The judgment or order shall 17.28 contain provisions concerning the duty of support, the custody 17.29 of the child, the name of the child, the social security number 17.30 of the mother, father, and child, if known at the time of 17.31 adjudication, visitation privilegesparenting time with the 17.32 child, the furnishing of bond or other security for the payment 17.33 of the judgment, or any other matter in the best interest of the 17.34 child. Custody and visitationparenting time and all subsequent 17.35 motions related to them shall proceed and be determined under 17.36 section 257.541. The remaining matters and all subsequent 18.1 motions related to them shall proceed and be determined in 18.2 accordance with chapter 518. The judgment or order may direct 18.3 the appropriate party to pay all or a proportion of the 18.4 reasonable expenses of the mother's pregnancy and confinement, 18.5 including the mother's lost wages due to medical necessity, 18.6 after consideration of the relevant facts, including the 18.7 relative financial means of the parents; the earning ability of 18.8 each parent; and any health insurance policies held by either 18.9 parent, or by a spouse or parent of the parent, which would 18.10 provide benefits for the expenses incurred by the mother during 18.11 her pregnancy and confinement. Pregnancy and confinement 18.12 expenses and genetic testing costs, submitted by the public 18.13 authority, are admissible as evidence without third-party 18.14 foundation testimony and constitute prima facie evidence of the 18.15 amounts incurred for those services or for the genetic testing. 18.16 Remedies available for the collection and enforcement of child 18.17 support apply to confinement costs and are considered additional 18.18 child support. 18.19 Sec. 8. Minnesota Statutes 1998, section 257.75, 18.20 subdivision 3, is amended to read: 18.21 Subd. 3. [EFFECT OF RECOGNITION.] Subject to subdivision 2 18.22 and section 257.55, subdivision 1, paragraph (g) or (h), the 18.23 recognition has the force and effect of a judgment or order 18.24 determining the existence of the parent and child relationship 18.25 under section 257.66. If the conditions in section 257.55, 18.26 subdivision 1, paragraph (g) or (h), exist, the recognition 18.27 creates only a presumption of paternity for purposes of sections 18.28 257.51 to 257.74. Once a recognition has been properly executed 18.29 and filed with the state registrar of vital statistics, if there 18.30 are no competing presumptions of paternity, a judicial or 18.31 administrative court may not allow further action to determine 18.32 parentage regarding the signator of the recognition. An action 18.33 to determine custody and parenting time may be commenced 18.34 pursuant to chapter 518 without an adjudication of parentage. 18.35 Until an order is entered granting custody to another, the 18.36 mother has sole custody. The recognition is: 19.1 (1) a basis for bringing an action to award custody or 19.2 visitation rightsparenting time to either parent, establishing 19.3 a child support obligation which may include up to the two years 19.4 immediately preceding the commencement of the action, ordering a 19.5 contribution by a parent under section 256.87, or ordering a 19.6 contribution to the reasonable expenses of the mother's 19.7 pregnancy and confinement, as provided under section 257.66, 19.8 subdivision 3, or ordering reimbursement for the costs of blood 19.9 or genetic testing, as provided under section 257.69, 19.10 subdivision 2; 19.11 (2) determinative for all other purposes related to the 19.12 existence of the parent and child relationship; and 19.13 (3) entitled to full faith and credit in other 19.14 jurisdictions. 19.15 Sec. 9. Minnesota Statutes 1998, section 257A.01, 19.16 subdivision 2, is amended to read: 19.17 Subd. 2. [CONSENTS AND NOTICE REQUIRED.] (a) The agreement 19.18 must be executed by all parents with legal custody of the child 19.19 and must have the consent of every parent who has 19.20 court-ordered visitationparenting time rights to the child. As 19.21 soon as practicable after executing an agreement, a copy of the 19.22 agreement must be given to every child age 14 or older to whom 19.23 the agreement applies. 19.24 (b) Consent of a parent required under paragraph (a) may be 19.25 given in writing or may be established by mailing a notice 19.26 regarding the designated caregiver agreement to the parent's 19.27 last known address. The notice must include the name of the 19.28 proposed designated caregiver and inform the parent whose 19.29 consent is required that the parent's consent to the agreement 19.30 will be implied if the parent does not object within 30 days. 19.31 If the parent does not object to the agreement orally or in 19.32 writing within 30 days, the consent of the parent is implied. 19.33 Sec. 10. Minnesota Statutes 1998, section 257A.03, 19.34 subdivision 2, is amended to read: 19.35 Subd. 2. [NOTICE TO NONCUSTODIAL PARENT; RIGHTS.] (a) As 19.36 soon as practicable after assuming care of a child, the 20.1 designated caregiver shall notify any noncustodial parent that 20.2 the designated caregiver has assumed care of the child. 20.3 (b) Court-ordered visitationparenting time rights of a 20.4 noncustodial parent continue while the child is in the care of 20.5 the designated caregiver, unless otherwise modified by the 20.6 court. A designated caregiver agreement does not affect the 20.7 right of a parent without physical custody to bring a custody 20.8 motion under chapter 518. If a parent with legal custody is not 20.9 the designated caregiver, the parent may bring a motion for 20.10 temporary physical custody, which may continue until the parent 20.11 with physical custody is able to resume care of the child. The 20.12 court shall award that parent temporary physical custody unless 20.13 it finds it would not be in the best interests of the child. 20.14 Sec. 11. Minnesota Statutes 1998, section 480.30, 20.15 subdivision 1, is amended to read: 20.16 Subdivision 1. [CHILD ABUSE; DOMESTIC ABUSE; HARASSMENT.] 20.17 The supreme court's judicial education program must include 20.18 ongoing training for district court judges on child and 20.19 adolescent sexual abuse, domestic abuse, harassment, stalking, 20.20 and related civil and criminal court issues. The program must 20.21 include the following: 20.22 (1) information about the specific needs of victims; 20.23 (2) education on the causes of sexual abuse and family 20.24 violence; 20.25 (3) education on culturally responsive approaches to 20.26 serving victims; 20.27 (4) education on the impacts of domestic abuse and domestic 20.28 abuse allegations on children and the importance of considering 20.29 these impacts when making visitationparenting time and child 20.30 custody decisions under chapter 518; and 20.31 (5) information on alleged and substantiated reports of 20.32 domestic abuse, including, but not limited to, department of 20.33 human services survey data. 20.34 The program also must emphasize the need for the 20.35 coordination of court and legal victim advocacy services and 20.36 include education on sexual abuse and domestic abuse programs 21.1 and policies within law enforcement agencies and prosecuting 21.2 authorities as well as the court system. 21.3 Sec. 12. Minnesota Statutes 1998, section 494.015, 21.4 subdivision 1, is amended to read: 21.5 Subdivision 1. [GUIDELINES.] The state court administrator 21.6 shall adopt guidelines for use by community dispute resolution 21.7 programs and training programs for mediators and arbitrators for 21.8 the community dispute resolution programs. The guidelines must 21.9 include provisions to ensure that participation in dispute 21.10 resolution is voluntary, procedures for case processing, and 21.11 program certification criteria that must be met to receive court 21.12 referrals. The guidelines must include: 21.13 (1) standards for training mediators and arbitrators to 21.14 recognize matters involving violence against a person; and 21.15 (2) training in family law matters that must be completed 21.16 by mediators before acceptance of postdissolution property 21.17 distribution matters and postdissolution visitationparenting 21.18 time matters. 21.19 Sec. 13. Minnesota Statutes 1999 Supplement, section 21.20 494.03, is amended to read: 21.21 494.03 [EXCLUSIONS.] 21.22 The guidelines shall exclude: 21.23 (1) any dispute involving violence against persons, in 21.24 which incidents arising out of situations that would support 21.25 charges under sections 609.221 to 609.2231, 609.342 to 609.345, 21.26 609.365, or any other felony charges; 21.27 (2) any matter involving competency or civil commitment; 21.28 (3) any matter involving a person who has been adjudicated 21.29 incompetent or relating to guardianship or conservatorship 21.30 unless the incompetent person is accompanied by a competent 21.31 advocate or the respondent in a guardianship or conservatorship 21.32 matter is represented by an attorney, guardian ad litem, or 21.33 other representative appointed by the court; 21.34 (4) any matter involving neglect or dependency, or 21.35 involving termination of parental rights arising under sections 21.36 260C.301 to 260C.328; and 22.1 (5) any matter arising under section 626.557 or sections 22.2 144.651 to 144.652, or any dispute subject to chapters 518 and 22.3 518B, whether or not an action is pending, except for 22.4 postdissolution property distribution matters and 22.5 postdissolution visitationparenting time matters. This shall 22.6 not restrict the present authority of the court or departments 22.7 of the court from accepting for resolution a dispute arising 22.8 under chapters 518 and 518B, or from referring disputes arising 22.9 under chapters 518 and 518A to for-profit mediation. 22.10 Sec. 14. Minnesota Statutes 1998, section 517.08, 22.11 subdivision 1c, is amended to read: 22.12 Subd. 1c. [DISPOSITION OF LICENSE FEE.] Of the marriage 22.13 license fee collected pursuant to subdivision 1b, the court 22.14 administrator shall pay $55 to the state treasurer to be 22.15 deposited as follows: 22.16 (1) $50 in the general fund; 22.17 (2) $3 in the special revenue fund to be appropriated to 22.18 the commissioner of children, families, and learning for 22.19 supervised visitationparenting time facilities under section 22.20 119A.37; and 22.21 (3) $2 in the special revenue fund to be appropriated to 22.22 the commissioner of health for developing and implementing the 22.23 MN ENABL program under section 145.9255. 22.24 Sec. 15. Minnesota Statutes 1998, section 518.003, 22.25 subdivision 3, is amended to read: 22.26 Subd. 3. [CUSTODY.] Unless otherwise agreed by the parties: 22.27 (a) "Legal custody" means the right to determine the 22.28 child's upbringing, including education, health care, and 22.29 religious training. 22.30 (b) "Joint legal custody" means that both parents have 22.31 equal rights and responsibilities, including the right to 22.32 participate in major decisions determining the child's 22.33 upbringing, including education, health care, and religious 22.34 training. 22.35 (c) "Physical custody and residence" means the routine 22.36 daily care and control and the residence of the child. 23.1 (d) "Joint physical custody" means that the routine daily 23.2 care and control and the residence of the child is structured 23.3 between the parties. 23.4 (e) Wherever used in this chapter, the term "custodial 23.5 parent" or "custodian" means the person who has the physical 23.6 custody of the child at any particular time. 23.7 (f) "Custody determination" means a court decision and 23.8 court orders and instructions providing for the custody of a 23.9 child, including visitation rightsparenting time, but does not 23.10 include a decision relating to child support or any other 23.11 monetary obligation of any person. 23.12 (g) "Custody proceeding" includes proceedings in which a 23.13 custody determination is one of several issues, such as an 23.14 action for dissolution, divorce, or separation, and includes 23.15 proceedings involving children who are in need of protection or 23.16 services, domestic abuse, and paternity. 23.17 Sec. 16. Minnesota Statutes 1998, section 518.131, 23.18 subdivision 1, is amended to read: 23.19 Subdivision 1. In a proceeding brought for custody, 23.20 dissolution, or legal separation, or for disposition of 23.21 property, maintenance, or child support following the 23.22 dissolution of a marriage, either party may, by motion, request 23.23 from the court and the court may grant a temporary order pending 23.24 the final disposition of the proceeding to or for: 23.25 (a) Temporary custody and visitation rights ofparenting 23.26 time regarding the minor children of the parties; 23.27 (b) Temporary maintenance of either spouse; 23.28 (c) Temporary child support for the children of the 23.29 parties; 23.30 (d) Temporary costs and reasonable attorney fees; 23.31 (e) Award the temporary use and possession, exclusive or 23.32 otherwise, of the family home, furniture, household goods, 23.33 automobiles, and other property of the parties; 23.34 (f) Restrain one or both parties from transferring, 23.35 encumbering, concealing, or disposing of property except in the 23.36 usual course of business or for the necessities of life, and to 24.1 account to the court for all such transfers, encumbrances, 24.2 dispositions, and expenditures made after the order is served or 24.3 communicated to the party restrained in open court; 24.4 (g) Restrain one or both parties from harassing, vilifying, 24.5 mistreating, molesting, disturbing the peace, or restraining the 24.6 liberty of the other party or the children of the parties; 24.7 (h) Restrain one or both parties from removing any minor 24.8 child of the parties from the jurisdiction of the court; 24.9 (i) Exclude a party from the family home of the parties or 24.10 from the home of the other party; and 24.11 (j) Require one or both of the parties to perform or to not 24.12 perform such additional acts as will facilitate the just and 24.13 speedy disposition of the proceeding, or will protect the 24.14 parties or their children from physical or emotional harm. 24.15 Sec. 17. Minnesota Statutes 1998, section 518.131, 24.16 subdivision 2, is amended to read: 24.17 Subd. 2. No temporary order shall: 24.18 (a) Deny visitation rightsparenting time to a noncustodial 24.19 parent unless the court finds that visitationparenting time by 24.20 the noncustodial parent is likely to cause physical or emotional 24.21 harm to the child; 24.22 (b) Exclude a party from the family home of the parties 24.23 unless the court finds that physical or emotional harm to one of 24.24 the parties or to the children of the parties is likely to 24.25 result, or that the exclusion is reasonable in the 24.26 circumstances; or 24.27 (c) Vacate or modify an order granted under section 24.28 518B.01, subdivision 6, paragraph (a), clause (1), restraining 24.29 an abusing party from committing acts of domestic abuse, except 24.30 that the court may hear a motion for modification of an order 24.31 for protection concurrently with a proceeding for dissolution of 24.32 marriage upon notice of motion and motion. The notice required 24.33 by court rule shall not be waived. If the proceedings are 24.34 consolidated and the motion to modify is granted, a separate 24.35 order for modification of an order for protection shall be 24.36 issued. 25.1 Sec. 18. Minnesota Statutes 1998, section 518.131, 25.2 subdivision 3, is amended to read: 25.3 Subd. 3. A party may request and the court may make an ex 25.4 parte restraining order which may include any matter that may be 25.5 included in a temporary order except: 25.6 (a) A restraining order may not exclude either party from 25.7 the family home of the parties except upon a finding by the 25.8 court of immediate danger of physical harm to the other party or 25.9 the children of either party; and 25.10 (b) A restraining order may not deny visitationparenting 25.11 time to either party or grant custody of the minor children to 25.12 either party except upon a finding by the court of immediate 25.13 danger of physical harm to the minor children of the parties. 25.14 Sec. 19. Minnesota Statutes 1998, section 518.131, 25.15 subdivision 7, is amended to read: 25.16 Subd. 7. The court shall be guided by the factors set 25.17 forth in sections 518.551 (concerning child support), 518.552 25.18 (concerning maintenance), 518.17 to 518.175 (concerning custody 25.19 and visitationparenting time), and 518.14 (concerning costs and 25.20 attorney fees) in making temporary orders and restraining orders. 25.21 Sec. 20. Minnesota Statutes 1999 Supplement, section 25.22 518.155, is amended to read: 25.23 518.155 [CUSTODY DETERMINATIONS.] 25.24 Notwithstanding any law to the contrary, a court in which a 25.25 proceeding for dissolution, legal separation, or child custody 25.26 has been commenced shall not issue, revise, modify or amend any 25.27 order, pursuant to sections 518.131, 518.165, 518.168, 518.17, 25.28 518.175 or 518.18, which affects the custody of a minor child or 25.29 the visitation rightsparenting time of a noncustodial parent 25.30 unless the court has jurisdiction over the matter pursuant to 25.31 the provisions of chapter 518D. 25.32 Sec. 21. Minnesota Statutes 1998, section 518.156, is 25.33 amended to read: 25.34 518.156 [COMMENCEMENT OF CUSTODY PROCEEDING.] 25.35 Subdivision 1. [PROCEDURE.] In a court of this state which 25.36 has jurisdiction to decide child custody matters, a child 26.1 custody proceeding is commenced: 26.2 (a) by a parent 26.3 (1) by filing a petition for dissolution or legal 26.4 separation; or 26.5 (2) where a decree of dissolution or legal separation has 26.6 been entered or where none is sought, or when paternity has been 26.7 recognized under section 257.75, by filing a petition or motion 26.8 seeking custody or visitation ofparenting time with the child 26.9 in the county where the child is permanently resident or where 26.10 the child is found or where an earlier order for custody of the 26.11 child has been entered; or 26.12 (b) by a person other than a parent, where a decree of 26.13 dissolution or legal separation has been entered or where none 26.14 is sought by filing a petition or motion seeking custody or 26.15 visitation of the child in the county where the child is 26.16 permanently resident or where the child is found or where an 26.17 earlier order for custody of the child has been entered. A 26.18 person seeking visitation pursuant to this paragraph must 26.19 qualify under one of the provisions of section 257.022. 26.20 Subd. 2. [REQUIRED NOTICE.] Written notice of a child 26.21 custody or parenting time or visitation proceeding shall be 26.22 given to the child's parent, guardian, and custodian, who may 26.23 appear and be heard and may file a responsive pleading. The 26.24 court may, upon a showing of good cause, permit the intervention 26.25 of other interested parties. 26.26 Sec. 22. Minnesota Statutes 1998, section 518.157, 26.27 subdivision 1, is amended to read: 26.28 Subdivision 1. [IMPLEMENTATION; ADMINISTRATION.] By 26.29 January 1, 1998, the chief judge of each judicial district or a 26.30 designee shall implement one or more parent education programs 26.31 within the judicial district for the purpose of educating 26.32 parents about the impact that divorce, the restructuring of 26.33 families, and judicial proceedings have upon children and 26.34 families; methods for preventing visitationparenting time 26.35 conflicts; and dispute resolution options. The chief judge of 26.36 each judicial district or a designee may require that children 27.1 attend a separate education program designed to deal with the 27.2 impact of divorce upon children as part of the parent education 27.3 program. Each parent education program must enable persons to 27.4 have timely and reasonable access to education sessions. 27.5 Sec. 23. Minnesota Statutes 1998, section 518.157, 27.6 subdivision 3, is amended to read: 27.7 Subd. 3. [ATTENDANCE.] In a proceeding under this chapter 27.8 or sections 257.51 to 257.75 where custody or visitation27.9 parenting time is contested, the parents of a minor child shall 27.10 attend an orientation and education program that meets the 27.11 minimum standards promulgated by the Minnesota supreme court. 27.12 In all other proceedings involving custody, support, 27.13 or visitationparenting time the court may order the parents of 27.14 a minor child to attend a parent education program. The program 27.15 shall provide the court with names of persons who fail to attend 27.16 the parent education program as ordered by the court. Persons 27.17 who are separated or contemplating involvement in a dissolution, 27.18 paternity, custody, or visitationparenting time proceeding may 27.19 attend a parent education program without a court order. 27.20 Participation in a parent education program must occur as early 27.21 as possible. Parent education programs must offer an 27.22 opportunity to participate at all phases of a pending or 27.23 postdecree proceeding. Upon request of a party and a showing of 27.24 good cause, the court may excuse the party from attending the 27.25 program. If past or present domestic abuse, as defined in 27.26 chapter 518B, is alleged, the court shall not require the 27.27 parties to attend the same parent education sessions and shall 27.28 enter an order setting forth the manner in which the parties may 27.29 safely participate in the program. 27.30 Sec. 24. Minnesota Statutes 1998, section 518.165, 27.31 subdivision 1, is amended to read: 27.32 Subdivision 1. [PERMISSIVE APPOINTMENT OF GUARDIAN AD 27.33 LITEM.] In all proceedings for child custody or for dissolution 27.34 or legal separation where custody or visitation ofparenting 27.35 time with a minor child is in issue, the court may appoint a 27.36 guardian ad litem from a panel established by the court to 28.1 represent the interests of the child. The guardian ad litem 28.2 shall advise the court with respect to custody, support, 28.3 and visitationparenting time. 28.4 Sec. 25. Minnesota Statutes 1999 Supplement, section 28.5 518.165, subdivision 2, is amended to read: 28.6 Subd. 2. [REQUIRED APPOINTMENT OF GUARDIAN AD LITEM.] In 28.7 all proceedings for child custody or for marriage dissolution or 28.8 legal separation in which custody or visitation ofparenting 28.9 time with a minor child is an issue, if the court has reason to 28.10 believe that the minor child is a victim of domestic child abuse 28.11 or neglect, as those terms are defined in sections 260C.007 and 28.12 626.556, respectively, the court shall appoint a guardian ad 28.13 litem. The guardian ad litem shall represent the interests of 28.14 the child and advise the court with respect to custody, support, 28.15 and visitationparenting time. If the child is represented by a 28.16 guardian ad litem in any other pending proceeding, the court may 28.17 appoint that guardian to represent the child in the custody 28.18 or visitationparenting time proceeding. No guardian ad litem 28.19 need be appointed if the alleged domestic child abuse or neglect 28.20 is before the court on a juvenile dependency and neglect 28.21 petition. Nothing in this subdivision requires the court to 28.22 appoint a guardian ad litem in any proceeding for child custody, 28.23 marriage dissolution, or legal separation in which an allegation 28.24 of domestic child abuse or neglect has not been made. 28.25 Sec. 26. Minnesota Statutes 1998, section 518.175, 28.26 subdivision 1, is amended to read: 28.27 Subdivision 1. [GENERAL.] (a) In all proceedings for 28.28 dissolution or legal separation, subsequent to the commencement 28.29 of the proceeding and continuing thereafter during the minority 28.30 of the child, the court shall, upon the request of either 28.31 parent, grant such rights of visitationparenting time on behalf 28.32 of the child and noncustodial parent as will enable the child 28.33 and the noncustodial parent to maintain a child to parent 28.34 relationship that will be in the best interests of the child. 28.35 If the court finds, after a hearing, that visitationparenting 28.36 time is likely to endanger the child's physical or emotional 29.1 health or impair the child's emotional development, the court 29.2 shall restrict visitation byparenting time with the 29.3 noncustodial parent as to time, place, duration, or supervision 29.4 and may deny visitationparenting time entirely, as the 29.5 circumstances warrant. The court shall consider the age of the 29.6 child and the child's relationship with the noncustodial parent 29.7 prior to the commencement of the proceeding. A parent's failure 29.8 to pay support because of the parent's inability to do so shall 29.9 not be sufficient cause for denial of visitationparenting time. 29.10 (b) The court may provide that a law enforcement officer or 29.11 other appropriate person will accompany a party seeking to 29.12 enforce or comply with visitationparenting time. 29.13 (c) Upon request of either party, to the extent practicable 29.14 a visitationan order for parenting time must include a specific 29.15 schedule for visitationparenting time, including the frequency 29.16 and duration of visitation and visitation during holidays and 29.17 vacations, unless visitationparenting time is restricted, 29.18 denied, or reserved. 29.19 (d) The court administrator shall provide a form for a pro 29.20 se motion regarding visitationparenting time disputes, which 29.21 includes provisions for indicating the relief requested, an 29.22 affidavit in which the party may state the facts of the dispute, 29.23 and a brief description of the visitationparenting time 29.24 expeditor process under section 518.1751. The form may not 29.25 include a request for a change of custody. The court shall 29.26 provide instructions on serving and filing the motion. 29.27 Sec. 27. Minnesota Statutes 1998, section 518.175, 29.28 subdivision 1a, is amended to read: 29.29 Subd. 1a. [DOMESTIC ABUSE; SUPERVISED VISITATIONPARENTING 29.30 TIME.] (a) If a custodial parent requests supervised visitation29.31 parenting time under subdivision 1 or 5 and an order for 29.32 protection under chapter 518B or a similar law of another state 29.33 is in effect against the noncustodial parent to protect the 29.34 custodial parent or the child, the judge or judicial officer 29.35 must consider the order for protection in making a decision 29.36 regarding visitationparenting time. 30.1 (b) The state court administrator, in consultation with 30.2 representatives of custodial and noncustodial parents and other 30.3 interested persons, shall develop standards to be met by persons 30.4 who are responsible for supervising visitationparenting time. 30.5 Either parent may challenge the appropriateness of an individual 30.6 chosen by the court to supervise visitationparenting time. 30.7 Sec. 28. Minnesota Statutes 1998, section 518.175, 30.8 subdivision 2, is amended to read: 30.9 Subd. 2. [RIGHTS OF CHILDREN AND NONCUSTODIAL PARENT.] 30.10 Upon the request of either parent, the court may inform any 30.11 child of the parties, if eight years of age or older, or 30.12 otherwise of an age of suitable comprehension, of the rights of 30.13 the child and the noncustodial parent under the order or decree 30.14 or any substantial amendment thereof. The custodial parent 30.15 shall present the child for visitation byparenting time with 30.16 the noncustodial parent, at such times as the court directs. 30.17 Sec. 29. Minnesota Statutes 1998, section 518.175, 30.18 subdivision 3, is amended to read: 30.19 Subd. 3. [MOVE TO ANOTHER STATE.] The custodial parent 30.20 shall not move the residence of the child to another state 30.21 except upon order of the court or with the consent of the 30.22 noncustodial parent, when the noncustodial parent has been given 30.23 visitation rightsparenting time by the decree. If the purpose 30.24 of the move is to interfere with visitation rightsparenting 30.25 time given to the noncustodial parent by the decree, the court 30.26 shall not permit the child's residence to be moved to another 30.27 state. 30.28 Sec. 30. Minnesota Statutes 1998, section 518.175, 30.29 subdivision 6, is amended to read: 30.30 Subd. 6. [REMEDIES.] (a) The court may provide for one or 30.31 more of the following remedies for denial of or interference 30.32 with court-ordered visitationparenting time as provided under 30.33 this subdivision. All visitationparenting time orders must 30.34 include notice of the provisions of this subdivision. 30.35 (b) If the court finds that a person has been deprived of 30.36 court-ordered visitationparenting time, the court shall order 31.1 the custodial parent to permit additional visitsparenting time 31.2 to compensate for the visitationparenting time of which the 31.3 person was deprived or the court shall make specific findings as 31.4 to why a request for compensatory visitationparenting time is 31.5 denied. If compensatory visitationparenting time is awarded, 31.6 additional visitsparenting time must be: 31.7 (1) at least of the same type and duration as the deprived 31.8 visitparenting time and, at the discretion of the court, may be 31.9 in excess of or of a different type than the deprived visit31.10 parenting time; 31.11 (2) taken within one year after the deprived visit31.12 parenting time; and 31.13 (3) at a time acceptable to the person deprived of 31.14 visitationparenting time. 31.15 (c) If the court finds that a party has wrongfully failed 31.16 to comply with a visitationparenting time order or a binding 31.17 agreement or decision under section 518.1751, the court may: 31.18 (1) impose a civil penalty of up to $500 on the party; 31.19 (2) require the party to post a bond with the court for a 31.20 specified period of time to secure the party's compliance; 31.21 (3) award reasonable attorney's fees and costs; 31.22 (4) require the party who violated the visitationparenting 31.23 time order or binding agreement or decision of the visitation31.24 parenting time expeditor to reimburse the other party for costs 31.25 incurred as a result of the violation of the order or agreement 31.26 or decision; or 31.27 (5) award any other remedy that the court finds to be in 31.28 the best interests of the children involved. 31.29 A civil penalty imposed under this paragraph must be 31.30 deposited in the county general fund and must be used to fund 31.31 the costs of a visitationparenting time expeditor program in a 31.32 county with this program. In other counties, the civil penalty 31.33 must be deposited in the state general fund. 31.34 (d) If the court finds that a party has been denied 31.35 visitationparenting time and has incurred expenses in 31.36 connection with the denied visitationparenting time, the court 32.1 may require the party who denied visitationparenting time to 32.2 post a bond in favor of the other party in the amount of prepaid 32.3 expenses associated with anupcoming planned 32.4 visitationparenting time. 32.5 (e) Proof of an unwarranted denial of or interference with 32.6 duly established visitationparenting time may constitute 32.7 contempt of court and may be sufficient cause for reversal of 32.8 custody. 32.9 Sec. 31. Minnesota Statutes 1998, section 518.175, 32.10 subdivision 8, is amended to read: 32.11 Subd. 8. [CARE OF CHILD BY NONCUSTODIAL PARENT.] The court 32.12 may allow additional visitationparenting time to the 32.13 noncustodial parent to provide child care while the custodial 32.14 parent is working if this arrangement is reasonable and in the 32.15 best interests of the child, as defined in section 518.17, 32.16 subdivision 1. In addition, the court shall consider: 32.17 (1) the ability of the parents to cooperate; 32.18 (2) methods for resolving disputes regarding the care of 32.19 the child, and the parents' willingness to use those methods; 32.20 and 32.21 (3) whether domestic abuse, as defined in section 518B.01, 32.22 has occurred between the parties. 32.23 Sec. 32. Minnesota Statutes 1998, section 518.1751, is 32.24 amended to read: 32.25 518.1751 [ VISITATIONPARENTING TIME DISPUTE RESOLUTION.] 32.26 Subdivision 1. [ VISITATIONPARENTING TIME EXPEDITOR.] Upon 32.27 request of either party, the parties' stipulation, or upon the 32.28 court's own motion, the court may appoint a visitationparenting 32.29 time expeditor to resolve visitationparenting time disputes 32.30 that occur under a visitationparenting time order while a 32.31 matter is pending under this chapter, chapter 257 or 518A, or 32.32 after a decree is entered. 32.33 Subd. 1a. [EXCEPTIONS.] A party may not be required to 32.34 refer a visitationparenting time dispute to a visitation32.35 parenting time expeditor under this section if: 32.36 (1) one of the parties claims to be the victim of domestic 33.1 abuse by the other party; 33.2 (2) the court determines there is probable cause that one 33.3 of the parties or a child of the parties has been physically 33.4 abused or threatened with physical abuse by the other party; or 33.5 (3) the party is unable to pay the costs of the expeditor, 33.6 as provided under subdivision 2a. 33.7 If the court is satisfied that the parties have been 33.8 advised by counsel and have agreed to use the visitation33.9 parenting time expeditor process and the process does not 33.10 involve face-to-face meeting of the parties, the court may 33.11 direct that the visitationparenting time expeditor process be 33.12 used. 33.13 Subd. 1b. [PURPOSE; DEFINITIONS.] (a) The purpose of a 33.14 visitationparenting time expeditor is to resolve visitation33.15 parenting time disputes by enforcing, interpreting, clarifying, 33.16 and addressing circumstances not specifically addressed by an 33.17 existing visitationparenting time order and, if appropriate, to 33.18 make a determination as to whether the existing visitation33.19 parenting time order has been violated. A visitationparenting 33.20 time expeditor may be appointed to resolve a one-time visitation33.21 parenting time dispute or to provide ongoing 33.22 visitationparenting time dispute resolution services. 33.23 (b) For purposes of this section, " visitationparenting 33.24 time dispute" means a disagreement among parties 33.25 about visitationparenting time with a child, including a 33.26 dispute about an anticipated denial of afuture scheduled 33.27 visitparenting time. " VisitationParenting time dispute" 33.28 includes a claim by a custodial parent that a noncustodial 33.29 parent is not visitingspending time with a child as well as a 33.30 claim by a noncustodial parent that a custodial parent is 33.31 denying or interfering with visitationparenting time. 33.32 (c) A " visitationparenting time expeditor" is a neutral 33.33 person authorized to use a mediation-arbitration process to 33.34 resolve visitationparenting time disputes. A visitation33.35 parenting time expeditor shall attempt to resolve a 33.36 visitationparenting time dispute by facilitating negotiations 34.1 between the parties to promote settlement and, if it becomes 34.2 apparent that the dispute cannot be resolved by an agreement of 34.3 the parties, the visitationparenting time expeditor shall make 34.4 a decision resolving the dispute. 34.5 Subd. 2. [APPOINTMENT.] (a) The parties may stipulate to 34.6 the appointment of a visitationparenting time expeditor or a 34.7 team of two expeditors without appearing in court by submitting 34.8 to the court a written agreement identifying the names of the 34.9 individuals to be appointed by the court; the nature of the 34.10 dispute; the responsibilities of the visitationparenting time 34.11 expeditor, including whether the expeditor is appointed to 34.12 resolve a specific issue or on an ongoing basis; the term of the 34.13 appointment; and the apportionment of fees and costs. The court 34.14 shall review the agreement of the parties. 34.15 (b) If the parties cannot agree on a visitationparenting 34.16 time expeditor, the court shall provide to the parties a copy of 34.17 the court administrator's roster of visitationparenting time 34.18 expeditors and require the parties to exchange the names of 34.19 three potential visitationparenting time expeditors by a 34.20 specific date. If after exchanging names the parties are unable 34.21 to agree upon a visitationparenting time expeditor, the court 34.22 shall select the visitationparenting time expeditor and, in its 34.23 discretion, may appoint one expeditor or a team of two 34.24 visitationexpeditors. In the selection process the court must 34.25 give consideration to the financial circumstances of the parties 34.26 and the fees of those being considered as visitationparenting 34.27 time expeditors. Preference must be given to persons who agree 34.28 to volunteer their services or who will charge a variable fee 34.29 for services based on the ability of the parties to pay for them. 34.30 (c) An order appointing a visitationparenting time 34.31 expeditor must identify the name of the individual to be 34.32 appointed, the nature of the dispute, the responsibilities of 34.33 the visitationexpeditor including whether the expeditor is 34.34 appointed to resolve a specific issue or on an ongoing basis, 34.35 the term of the appointment, the apportionment of fees, and 34.36 notice that if the parties are unable to reach an agreement with 35.1 the assistance of the visitationexpeditor, the visitation35.2 expeditor is authorized to make a decision resolving the dispute 35.3 which is binding upon the parties unless modified or vacated by 35.4 the court. 35.5 Subd. 2a. [FEES.] Prior to appointing the visitation35.6 parenting time expeditor, the court shall give the parties 35.7 notice that the fees of the visitationexpeditor will be 35.8 apportioned among the parties. In its order appointing 35.9 the visitationexpeditor, the court shall apportion the fees of 35.10 the visitationexpeditor among the parties, with each party 35.11 bearing the portion of fees that the court determines is just 35.12 and equitable under the circumstances. If a party files a pro 35.13 se motion regarding a visitationparenting time dispute and 35.14 there is not a court order that provides for apportionment of 35.15 the fees of an expeditor, the court administrator may require 35.16 the party requesting the appointment of an expeditor to pay the 35.17 fees of the expeditor in advance. Neither party may be required 35.18 to submit a dispute to a visitation expeditor if the party 35.19 cannot afford to pay for the fees of an expeditor and an 35.20 affordable expeditor is not available, unless the other party 35.21 agrees to pay the fees. After fees are incurred, a party may by 35.22 motion request that the fees be reapportioned on equitable 35.23 grounds. The court may consider the resources of the parties, 35.24 the nature of the dispute, and whether a party acted in bad 35.25 faith. The court may consider information from the expeditor in 35.26 determining bad faith. 35.27 Subd. 2b. [ROSTER OF VISITATIONPARENTING TIME 35.28 EXPEDITORS.] Each court administrator shall maintain and make 35.29 available to the public and judicial officers a roster of 35.30 individuals available to serve as visitationparenting time 35.31 expeditors, including each individual's name, address, telephone 35.32 number, and fee charged, if any. A court administrator shall 35.33 not place on the roster the name of an individual who has not 35.34 completed the training required in subdivision 2c. If the use 35.35 of a visitationparenting time expeditor is initiated by 35.36 stipulation of the parties, the parties may agree upon a person 36.1 to serve as a visitationan expeditor even if that person has 36.2 not completed the training described in subdivision 2c. The 36.3 court may appoint a person to serve as a visitationan expeditor 36.4 even if the person is not on the court administrator's roster, 36.5 but may not appoint a person who has not completed the training 36.6 described in subdivision 2c, unless so stipulated by the 36.7 parties. To maintain one's listing on a court administrator's 36.8 roster of visitationparenting time expeditors, an individual 36.9 shall annually submit to the court administrator proof of 36.10 completion of continuing education requirements. 36.11 Subd. 2c. [TRAINING AND CONTINUING EDUCATION 36.12 REQUIREMENTS.] To qualify for listing on a court administrator's 36.13 roster of visitationparenting time expeditors, an individual 36.14 shall complete a minimum of 40 hours of family mediation 36.15 training that has been certified by the Minnesota supreme court, 36.16 which must include certified training in domestic abuse issues 36.17 as required under Rule 114 of the Minnesota General Rules of 36.18 Practice for the District Courts. To maintain one's listing on 36.19 a court administrator's roster of visitationparenting time 36.20 expeditors, an individual shall annually attend three hours of 36.21 continuing education about alternative dispute resolution 36.22 subjects. 36.23 Subd. 3. [AGREEMENT OR DECISION.] (a) Within five days of 36.24 notice of the appointment, or within five days of notice of a 36.25 subsequent visitationparenting time dispute between the same 36.26 parties, the visitationparenting time expeditor shall meet with 36.27 the parties together or separately and shall make a diligent 36.28 effort to facilitate an agreement to resolve the visitation36.29 dispute. If a visitationparenting time dispute requires 36.30 immediate resolution, the visitationparenting time expeditor 36.31 may confer with the parties through a telephone conference or 36.32 similar means. An expeditor may make a decision without 36.33 conferring with a party if the expeditor made a good faith 36.34 effort to confer with the party, but the party chose not to 36.35 participate in resolution of the dispute. 36.36 (b) If the parties do not reach an agreement, the expeditor 37.1 shall make a decision resolving the dispute as soon as possible 37.2 but not later than five days after receiving all information 37.3 necessary to make a decision and after the final meeting or 37.4 conference with the parties. The visitationexpeditor is 37.5 authorized to award compensatory visitationparenting time under 37.6 section 518.175, subdivision 6, and may recommend to the court 37.7 that the noncomplying party pay attorney's fees, court costs, 37.8 and other costs under section 518.175, subdivision 6, paragraph 37.9 (d), if the visitationparenting time order has been violated. 37.10 The visitationexpeditor shall not lose authority to make a 37.11 decision if circumstances beyond the visitationexpeditor's 37.12 control make it impracticable to meet the five-day timelines. 37.13 (c) Unless the parties mutually agree, the visitation37.14 parenting time expeditor shall not make a decision that is 37.15 inconsistent with an existing visitationparenting time order, 37.16 but may make decisions interpreting or clarifying a visitation37.17 parenting time order, including the development of a specific 37.18 schedule when the existing court order grants 37.19 "reasonable visitationparenting time." 37.20 (d) The expeditor shall put an agreement or decision in 37.21 writing and provide a copy to the parties. The visitation37.22 expeditor may include or omit reasons for the agreement or 37.23 decision. An agreement of the parties or a decision of the 37.24 visitationexpeditor is binding on the parties unless vacated or 37.25 modified by the court. If a party does not comply with an 37.26 agreement of the parties or a decision of the expeditor, any 37.27 party may bring a motion with the court and shall attach a copy 37.28 of the parties' written agreement or decision of the expeditor. 37.29 The court may enforce, modify, or vacate the agreement of the 37.30 parties or the decision of the expeditor. 37.31 Subd. 4. [OTHER AGREEMENTS.] This section does not 37.32 preclude the parties from voluntarily agreeing to submit their 37.33 visitationparenting time dispute to a neutral third party or 37.34 from otherwise resolving visitationparenting time disputes on a 37.35 voluntary basis. 37.36 Subd. 4a. [CONFIDENTIALITY.] (a) Statements made and 38.1 documents produced as part of the visitationparenting time 38.2 expeditor process which are not otherwise discoverable are not 38.3 subject to discovery or other disclosure and are not admissible 38.4 into evidence for any purpose at trial or in any other 38.5 proceeding, including impeachment. 38.6 (b) Sworn testimony may be used in subsequent proceedings 38.7 for any purpose for which it is admissible under the rules of 38.8 evidence. VisitationParenting time expeditors, and lawyers for 38.9 the parties to the extent of their participation in 38.10 the visitationparenting time expeditor process, must not be 38.11 subpoenaed or called as witnesses in court proceedings. 38.12 (c) Notes, records, and recollections of visitation38.13 parenting time expeditors are confidential and must not be 38.14 disclosed to the parties, the public, or anyone other than 38.15 the visitationparenting time expeditor unless: 38.16 (1) all parties and the visitationexpeditor agree in 38.17 writing to the disclosure; or 38.18 (2) disclosure is required by law or other applicable 38.19 professional codes. 38.20 Notes and records of visitationparenting time expeditors 38.21 must not be disclosed to the court unless after a hearing the 38.22 court determines that the notes or records should be reviewed in 38.23 camera. Those notes or records must not be released by the 38.24 court unless it determines that they disclose information 38.25 showing illegal violation of the criminal law of the state. 38.26 Subd. 5. [IMMUNITY.] A visitationparenting time expeditor 38.27 is immune from civil liability for actions taken or not taken 38.28 when acting under this section. 38.29 Subd. 5a. [REMOVAL.] If a visitationparenting time 38.30 expeditor has been appointed on a long-term basis, a party or 38.31 the visitationexpeditor may file a motion seeking to have the 38.32 expeditor removed for good cause shown. 38.33 Subd. 6. [MANDATORY VISITATIONPARENTING TIME DISPUTE 38.34 RESOLUTION.] Subject to subdivision 1a, a judicial district may 38.35 establish a mandatory visitationparenting time dispute 38.36 resolution program as provided in this subdivision. In a 39.1 district where a program has been established, parties may be 39.2 required to submit visitationparenting time disputes to 39.3 a visitationparenting time expeditor as a prerequisite to a 39.4 motion on the dispute being heard by the court, or either party 39.5 may submit the dispute to a visitationan expeditor. A party 39.6 may file a motion with the court for purposes of obtaining a 39.7 court date, if necessary, but a hearing may not be held until 39.8 resolution of the dispute with the visitationparenting time 39.9 expeditor. The appointment of a visitationan expeditor must be 39.10 in accordance with subdivision 2. VisitationExpeditor fees 39.11 must be paid in accordance with subdivision 2a. 39.12 Sec. 33. Minnesota Statutes 1998, section 518.176, 39.13 subdivision 2, is amended to read: 39.14 Subd. 2. If both parents or all contestants agree to the 39.15 order, or if the court finds that in the absence of the order 39.16 the child's physical or emotional health is likely to be 39.17 endangered or the child's emotional development impaired, the 39.18 court may order the local social services agency or the 39.19 department of court services to exercise continuing supervision 39.20 over the case under guidelines established by the court to 39.21 assure that the custodial or visitationparenting time terms of 39.22 the decree are carried out. 39.23 Sec. 34. Minnesota Statutes 1998, section 518.177, is 39.24 amended to read: 39.25 518.177 [NOTIFICATION REGARDING DEPRIVATION OF PARENTAL 39.26 RIGHTS LAW.] 39.27 Every court order and judgment and decree concerning 39.28 custody of or parenting time or visitation with a minor child 39.29 shall contain the notice set out in section 518.68, subdivision 39.30 2. 39.31 Sec. 35. Minnesota Statutes 1999 Supplement, section 39.32 518.178, is amended to read: 39.33 518.178 [ VISITATIONPARENTING TIME AND SUPPORT REVIEW 39.34 HEARING.] 39.35 Upon motion of either party, the court shall conduct a 39.36 hearing to review compliance with the visitationparenting time 40.1 and child support provisions set forth in a decree of 40.2 dissolution or legal separation or an order that establishes 40.3 child custody, visitationparenting time, and support rights and 40.4 obligations of parents. The state court administrator shall 40.5 prepare, and each court administrator shall make available, 40.6 simplified pro se forms for reviewing visitationparenting time 40.7 and child support disputes. The court may impose any visitation40.8 parenting time enforcement remedy available under sections 40.9 518.175 and 518.1751, and any support enforcement remedy 40.10 available under section 518.551. 40.11 Sec. 36. Minnesota Statutes 1998, section 518.179, 40.12 subdivision 1, is amended to read: 40.13 Subdivision 1. [SEEKING CUSTODY OR VISITATIONPARENTING 40.14 TIME.] Notwithstanding any contrary provision in section 518.17 40.15 or 518.175, if a person seeking child custody or visitation40.16 parenting time has been convicted of a crime described in 40.17 subdivision 2, the person seeking custody or visitation40.18 parenting time has the burden to prove that custody 40.19 or visitationparenting time by that person is in the best 40.20 interests of the child if: 40.21 (1) the conviction occurred within the preceding five 40.22 years; 40.23 (2) the person is currently incarcerated, on probation, or 40.24 under supervised release for the offense; or 40.25 (3) the victim of the crime was a family or household 40.26 member as defined in section 518B.01, subdivision 2. 40.27 If this section applies, the court may not grant custody or 40.28 visitationparenting time to the person unless it finds that the 40.29 custody or visitationparenting time is in the best interests of 40.30 the child. If the victim of the crime was a family or household 40.31 member, the standard of proof is clear and convincing evidence. 40.32 A guardian ad litem must be appointed in any case where this 40.33 section applies. 40.34 Sec. 37. Minnesota Statutes 1999 Supplement, section 40.35 518.551, subdivision 5, is amended to read: 40.36 Subd. 5. [NOTICE TO PUBLIC AUTHORITY; GUIDELINES.] (a) The 41.1 petitioner shall notify the public authority of all proceedings 41.2 for dissolution, legal separation, determination of parentage or 41.3 for the custody of a child, if either party is receiving public 41.4 assistance or applies for it subsequent to the commencement of 41.5 the proceeding. The notice must contain the full names of the 41.6 parties to the proceeding, their social security account 41.7 numbers, and their birth dates. After receipt of the notice, 41.8 the court shall set child support as provided in this 41.9 subdivision. The court may order either or both parents owing a 41.10 duty of support to a child of the marriage to pay an amount 41.11 reasonable or necessary for the child's support, without regard 41.12 to marital misconduct. The court shall approve a child support 41.13 stipulation of the parties if each party is represented by 41.14 independent counsel, unless the stipulation does not meet the 41.15 conditions of paragraph (i). In other cases the court shall 41.16 determine and order child support in a specific dollar amount in 41.17 accordance with the guidelines and the other factors set forth 41.18 in paragraph (c) and any departure therefrom. The court may 41.19 also order the obligor to pay child support in the form of a 41.20 percentage share of the obligor's net bonuses, commissions, or 41.21 other forms of compensation, in addition to, or if the obligor 41.22 receives no base pay, in lieu of, an order for a specific dollar 41.23 amount. 41.24 (b) The court shall derive a specific dollar amount for 41.25 child support by multiplying the obligor's net income by the 41.26 percentage indicated by the following guidelines: 41.27 Net Income Per Number of Children 41.28 Month of Obligor 41.29 1 2 3 4 5 6 7 or 41.30 more 41.31 $550 and Below Order based on the ability of the 41.32 obligor to provide support 41.33 at these income levels, or at higher 41.34 levels, if the obligor has 41.35 the earning ability. 41.36 $551 - 600 16% 19% 22% 25% 28% 30% 32% 42.1 $601 - 650 17% 21% 24% 27% 29% 32% 34% 42.2 $651 - 700 18% 22% 25% 28% 31% 34% 36% 42.3 $701 - 750 19% 23% 27% 30% 33% 36% 38% 42.4 $751 - 800 20% 24% 28% 31% 35% 38% 40% 42.5 $801 - 850 21% 25% 29% 33% 36% 40% 42% 42.6 $851 - 900 22% 27% 31% 34% 38% 41% 44% 42.7 $901 - 950 23% 28% 32% 36% 40% 43% 46% 42.8 $951 - 1000 24% 29% 34% 38% 41% 45% 48% 42.9 $1001- 5000 25% 30% 35% 39% 43% 47% 50% 42.10 or the amount 42.11 in effect under 42.12 paragraph (k) 42.13 Guidelines for support for an obligor with a monthly income 42.14 in excess of the income limit currently in effect under 42.15 paragraph (k) shall be the same dollar amounts as provided for 42.16 in the guidelines for an obligor with a monthly income equal to 42.17 the limit in effect. 42.18 Net Income defined as: 42.19 42.20 Total monthly 42.21 income less *(i) Federal Income Tax 42.22 *(ii) State Income Tax 42.23 (iii) Social Security 42.24 Deductions 42.25 (iv) Reasonable 42.26 Pension Deductions 42.27 *Standard 42.28 Deductions apply- (v) Union Dues 42.29 use of tax tables (vi) Cost of Dependent Health 42.30 recommended Insurance Coverage 42.31 (vii) Cost of Individual or Group 42.32 Health/Hospitalization 42.33 Coverage or an 42.34 Amount for Actual 42.35 Medical Expenses 42.36 (viii) A Child Support or 43.1 Maintenance Order that is 43.2 Currently Being Paid. 43.3 "Net income" does not include: 43.4 (1) the income of the obligor's spouse, but does include 43.5 in-kind payments received by the obligor in the course of 43.6 employment, self-employment, or operation of a business if the 43.7 payments reduce the obligor's living expenses; or 43.8 (2) compensation received by a party for employment in 43.9 excess of a 40-hour work week, provided that: 43.10 (i) support is nonetheless ordered in an amount at least 43.11 equal to the guidelines amount based on income not excluded 43.12 under this clause; and 43.13 (ii) the party demonstrates, and the court finds, that: 43.14 (A) the excess employment began after the filing of the 43.15 petition for dissolution; 43.16 (B) the excess employment reflects an increase in the work 43.17 schedule or hours worked over that of the two years immediately 43.18 preceding the filing of the petition; 43.19 (C) the excess employment is voluntary and not a condition 43.20 of employment; 43.21 (D) the excess employment is in the nature of additional, 43.22 part-time or overtime employment compensable by the hour or 43.23 fraction of an hour; and 43.24 (E) the party's compensation structure has not been changed 43.25 for the purpose of affecting a support or maintenance obligation. 43.26 The court shall review the work-related and 43.27 education-related child care costs paid and shall allocate the 43.28 costs to each parent in proportion to each parent's net income, 43.29 as determined under this subdivision, after the transfer of 43.30 child support and spousal maintenance, unless the allocation 43.31 would be substantially unfair to either parent. There is a 43.32 presumption of substantial unfairness if after the sum total of 43.33 child support, spousal maintenance, and child care costs is 43.34 subtracted from the noncustodial parent's income, the income is 43.35 at or below 100 percent of the federal poverty guidelines. The 43.36 cost of child care for purposes of this paragraph is 75 percent 44.1 of the actual cost paid for child care, to reflect the 44.2 approximate value of state and federal tax credits available to 44.3 the custodial parent. The actual cost paid for child care is 44.4 the total amount received by the child care provider for the 44.5 child or children of the obligor from the obligee or any public 44.6 agency. The court shall require verification of employment or 44.7 school attendance and documentation of child care expenses from 44.8 the obligee and the public agency, if applicable. If child care 44.9 expenses fluctuate during the year because of seasonal 44.10 employment or school attendance of the obligee or extended 44.11 periods of visitationparenting time with the obligor, the court 44.12 shall determine child care expenses based on an average monthly 44.13 cost. The amount allocated for child care expenses is 44.14 considered child support but is not subject to a cost-of-living 44.15 adjustment under section 518.641. The amount allocated for 44.16 child care expenses terminates when either party notifies the 44.17 public authority that the child care costs have ended and 44.18 without any legal action on the part of either party. The 44.19 public authority shall verify the information received under 44.20 this provision before authorizing termination. The termination 44.21 is effective as of the date of the notification. In other cases 44.22 where there is a substantial increase or decrease in child care 44.23 expenses, the parties may modify the order under section 518.64. 44.24 The court may allow the noncustodial parent to care for the 44.25 child while the custodial parent is working, as provided in 44.26 section 518.175, subdivision 8. Allowing the noncustodial 44.27 parent to care for the child under section 518.175, subdivision 44.28 8, is not a reason to deviate from the guidelines. 44.29 (c) In addition to the child support guidelines, the court 44.30 shall take into consideration the following factors in setting 44.31 or modifying child support or in determining whether to deviate 44.32 from the guidelines: 44.33 (1) all earnings, income, and resources of the parents, 44.34 including real and personal property, but excluding income from 44.35 excess employment of the obligor or obligee that meets the 44.36 criteria of paragraph (b), clause (2)(ii); 45.1 (2) the financial needs and resources, physical and 45.2 emotional condition, and educational needs of the child or 45.3 children to be supported; 45.4 (3) the standard of living the child would have enjoyed had 45.5 the marriage not been dissolved, but recognizing that the 45.6 parents now have separate households; 45.7 (4) which parent receives the income taxation dependency 45.8 exemption and what financial benefit the parent receives from 45.9 it; 45.10 (5) the parents' debts as provided in paragraph (d); and 45.11 (6) the obligor's receipt of public assistance under the 45.12 AFDC program formerly codified under sections 256.72 to 256.82 45.13 or 256B.01 to 256B.40 and chapter 256J or 256K. 45.14 (d) In establishing or modifying a support obligation, the 45.15 court may consider debts owed to private creditors, but only if: 45.16 (1) the right to support has not been assigned under 45.17 section 256.741; 45.18 (2) the court determines that the debt was reasonably 45.19 incurred for necessary support of the child or parent or for the 45.20 necessary generation of income. If the debt was incurred for 45.21 the necessary generation of income, the court shall consider 45.22 only the amount of debt that is essential to the continuing 45.23 generation of income; and 45.24 (3) the party requesting a departure produces a sworn 45.25 schedule of the debts, with supporting documentation, showing 45.26 goods or services purchased, the recipient of them, the amount 45.27 of the original debt, the outstanding balance, the monthly 45.28 payment, and the number of months until the debt will be fully 45.29 paid. 45.30 (e) Any schedule prepared under paragraph (d), clause (3), 45.31 shall contain a statement that the debt will be fully paid after 45.32 the number of months shown in the schedule, barring emergencies 45.33 beyond the party's control. 45.34 (f) Any further departure below the guidelines that is 45.35 based on a consideration of debts owed to private creditors 45.36 shall not exceed 18 months in duration, after which the support 46.1 shall increase automatically to the level ordered by the court. 46.2 Nothing in this section shall be construed to prohibit one or 46.3 more step increases in support to reflect debt retirement during 46.4 the 18-month period. 46.5 (g) If payment of debt is ordered pursuant to this section, 46.6 the payment shall be ordered to be in the nature of child 46.7 support. 46.8 (h) Nothing shall preclude the court from receiving 46.9 evidence on the above factors to determine if the guidelines 46.10 should be exceeded or modified in a particular case. 46.11 (i) The guidelines in this subdivision are a rebuttable 46.12 presumption and shall be used in all cases when establishing or 46.13 modifying child support. If the court does not deviate from the 46.14 guidelines, the court shall make written findings concerning the 46.15 amount of the obligor's income used as the basis for the 46.16 guidelines calculation and any other significant evidentiary 46.17 factors affecting the determination of child support. If the 46.18 court deviates from the guidelines, the court shall make written 46.19 findings giving the amount of support calculated under the 46.20 guidelines, the reasons for the deviation, and shall 46.21 specifically address the criteria in paragraph (c) and how the 46.22 deviation serves the best interest of the child. The court may 46.23 deviate from the guidelines if both parties agree and the court 46.24 makes written findings that it is in the best interests of the 46.25 child, except that in cases where child support payments are 46.26 assigned to the public agency under section 256.741, the court 46.27 may deviate downward only as provided in paragraph (j). Nothing 46.28 in this paragraph prohibits the court from deviating in other 46.29 cases. The provisions of this paragraph apply whether or not 46.30 the parties are each represented by independent counsel and have 46.31 entered into a written agreement. The court shall review 46.32 stipulations presented to it for conformity to the guidelines 46.33 and the court is not required to conduct a hearing, but the 46.34 parties shall provide the documentation of earnings required 46.35 under subdivision 5b. 46.36 (j) If the child support payments are assigned to the 47.1 public agency under section 256.741, the court may not deviate 47.2 downward from the child support guidelines unless the court 47.3 specifically finds that the failure to deviate downward would 47.4 impose an extreme hardship on the obligor. 47.5 (k) The dollar amount of the income limit for application 47.6 of the guidelines must be adjusted on July 1 of every 47.7 even-numbered year to reflect cost-of-living changes. The 47.8 supreme court shall select the index for the adjustment from the 47.9 indices listed in section 518.641. The state court 47.10 administrator shall make the changes in the dollar amount 47.11 required by this paragraph available to courts and the public on 47.12 or before April 30 of the year in which the amount is to change. 47.13 (l) In establishing or modifying child support, if a child 47.14 receives a child's insurance benefit under United States Code, 47.15 title 42, section 402, because the obligor is entitled to old 47.16 age or disability insurance benefits, the amount of support 47.17 ordered shall be offset by the amount of the child's benefit. 47.18 The court shall make findings regarding the obligor's income 47.19 from all sources, the child support amount calculated under this 47.20 section, the amount of the child's benefit, and the obligor's 47.21 child support obligation. Any benefit received by the child in 47.22 a given month in excess of the child support obligation shall 47.23 not be treated as an arrearage payment or a future payment. 47.24 Sec. 38. Minnesota Statutes 1998, section 518.612, is 47.25 amended to read: 47.26 518.612 [INDEPENDENCE OF PROVISIONS OF DECREE OR TEMPORARY 47.27 ORDER.] 47.28 Failure by a party to make support payments is not a 47.29 defense to: interference with visitation rightsparenting time; 47.30 or without the permission of the court or the noncustodial 47.31 parent removing a child from this state. Nor is interference 47.32 with visitation rightsparenting time or taking a child from 47.33 this state without permission of the court or the noncustodial 47.34 parent a defense to nonpayment of support. If a party fails to 47.35 make support payments, or interferes with visitation rights47.36 parenting time, or without permission of the court or the 48.1 noncustodial parent removes a child from this state, the other 48.2 party may petition the court for an appropriate order. 48.3 Sec. 39. Minnesota Statutes 1998, section 518.619, 48.4 subdivision 1, is amended to read: 48.5 Subdivision 1. [MEDIATION PROCEEDING.] Except as provided 48.6 in subdivision 2, if it appears on the face of the petition or 48.7 other application for an order or modification of an order for 48.8 the custody of a child that custody or visitationparenting time 48.9 is contested, or that any issue pertinent to a custody or 48.10 visitationparenting time determination, including visitation48.11 parenting time rights, is unresolved, the matter may be set for 48.12 mediation of the contested issue prior to, concurrent with, or 48.13 subsequent to the setting of the matter for hearing. The 48.14 purpose of the mediation proceeding is to reduce acrimony which 48.15 may exist between the parties and to develop an agreement that 48.16 is supportive of the child's best interests. The mediator shall 48.17 use best efforts to effect a settlement of the custody 48.18 or visitationparenting time dispute, but shall have no coercive 48.19 authority. 48.20 Sec. 40. Minnesota Statutes 1998, section 518.68, 48.21 subdivision 1, is amended to read: 48.22 Subdivision 1. [REQUIREMENT.] Every court order or 48.23 judgment and decree that provides for child support, spousal 48.24 maintenance, custody, or visitationparenting time must contain 48.25 certain notices as set out in subdivision 2. The information in 48.26 the notices must be concisely stated in plain language. The 48.27 notices must be in clearly legible print, but may not exceed two 48.28 pages. An order or judgment and decree without the notice 48.29 remains subject to all statutes. The court may waive all or 48.30 part of the notice required under subdivision 2 relating to 48.31 parental rights under section 518.17, subdivision 3, if it finds 48.32 it is necessary to protect the welfare of a party or child. 48.33 Sec. 41. Minnesota Statutes 1998, section 518.68, 48.34 subdivision 2, is amended to read: 48.35 Subd. 2. [CONTENTS.] The required notices must be 48.36 substantially as follows: 49.1 IMPORTANT NOTICE 49.2 1. PAYMENTS TO PUBLIC AGENCY 49.3 According to Minnesota Statutes, section 518.551, 49.4 subdivision 1, payments ordered for maintenance and support 49.5 must be paid to the public agency responsible for child 49.6 support enforcement as long as the person entitled to 49.7 receive the payments is receiving or has applied for public 49.8 assistance or has applied for support and maintenance 49.9 collection services. MAIL PAYMENTS TO: 49.10 2. DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A 49.11 FELONY 49.12 A person may be charged with a felony who conceals a minor 49.13 child or takes, obtains, retains, or fails to return a 49.14 minor child from or to the child's parent (or person with 49.15 custodial or visitation rights), according to Minnesota 49.16 Statutes, section 609.26. A copy of that section is 49.17 available from any district court clerk. 49.18 3. RULES OF SUPPORT, MAINTENANCE, VISITATIONPARENTING TIME 49.19 (a) Payment of support or spousal maintenance is to be as 49.20 ordered, and the giving of gifts or making purchases of 49.21 food, clothing, and the like will not fulfill the 49.22 obligation. 49.23 (b) Payment of support must be made as it becomes due, and 49.24 failure to secure or denial of rights of visitation49.25 parenting time is NOT an excuse for nonpayment, but the 49.26 aggrieved party must seek relief through a proper motion 49.27 filed with the court. 49.28 (c) Nonpayment of support is not grounds to deny visitation49.29 parenting time. The party entitled to receive support may 49.30 apply for support and collection services, file a contempt 49.31 motion, or obtain a judgment as provided in Minnesota 49.32 Statutes, section 548.091. 49.33 (d) The payment of support or spousal maintenance takes 49.34 priority over payment of debts and other obligations. 49.35 (e) A party who accepts additional obligations of support 49.36 does so with the full knowledge of the party's prior 50.1 obligation under this proceeding. 50.2 (f) Child support or maintenance is based on annual income, 50.3 and it is the responsibility of a person with seasonal 50.4 employment to budget income so that payments are made 50.5 throughout the year as ordered. 50.6 (g) If there is a layoff or a pay reduction, support may be 50.7 reduced as of the time of the layoff or pay reduction if a 50.8 motion to reduce the support is served and filed with the 50.9 court at that time, but any such reduction must be ordered 50.10 by the court. The court is not permitted to reduce support 50.11 retroactively, except as provided in Minnesota Statutes, 50.12 section 518.64, subdivision 2, paragraph (c). 50.13 (h) Reasonable visitationparenting time guidelines are 50.14 contained in Appendix B, which is available from the court 50.15 administrator. 50.16 4. PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17, 50.17 SUBDIVISION 3 50.18 Unless otherwise provided by the Court: 50.19 (a) Each party has the right of access to, and to receive 50.20 copies of, school, medical, dental, religious training, and 50.21 other important records and information about the minor 50.22 children. Each party has the right of access to 50.23 information regarding health or dental insurance available 50.24 to the minor children. Presentation of a copy of this 50.25 order to the custodian of a record or other information 50.26 about the minor children constitutes sufficient 50.27 authorization for the release of the record or information 50.28 to the requesting party. 50.29 (b) Each party shall keep the other informed as to the name 50.30 and address of the school of attendance of the minor 50.31 children. Each party has the right to be informed by 50.32 school officials about the children's welfare, educational 50.33 progress and status, and to attend school and parent 50.34 teacher conferences. The school is not required to hold a 50.35 separate conference for each party. 50.36 (c) In case of an accident or serious illness of a minor 51.1 child, each party shall notify the other party of the 51.2 accident or illness, and the name of the health care 51.3 provider and the place of treatment. 51.4 (d) Each party has the right of reasonable access and 51.5 telephone contact with the minor children. 51.6 5. WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE 51.7 Child support and/or spousal maintenance may be withheld 51.8 from income, with or without notice to the person obligated 51.9 to pay, when the conditions of Minnesota Statutes, section 51.10 518.6111 have been met. A copy of those sections is 51.11 available from any district court clerk. 51.12 6. CHANGE OF ADDRESS OR RESIDENCE 51.13 Unless otherwise ordered, each party shall notify the other 51.14 party, the court, and the public authority responsible for 51.15 collection, if applicable, of the following information 51.16 within ten days of any change: the residential and mailing 51.17 address, telephone number, driver's license number, social 51.18 security number, and name, address, and telephone number of 51.19 the employer. 51.20 7. COST OF LIVING INCREASE OF SUPPORT AND MAINTENANCE 51.21 Child support and/or spousal maintenance may be adjusted 51.22 every two years based upon a change in the cost of living 51.23 (using Department of Labor Consumer Price Index .........., 51.24 unless otherwise specified in this order) when the 51.25 conditions of Minnesota Statutes, section 518.641, are met. 51.26 Cost of living increases are compounded. A copy of 51.27 Minnesota Statutes, section 518.641, and forms necessary to 51.28 request or contest a cost of living increase are available 51.29 from any district court clerk. 51.30 8. JUDGMENTS FOR UNPAID SUPPORT 51.31 If a person fails to make a child support payment, the 51.32 payment owed becomes a judgment against the person 51.33 responsible to make the payment by operation of law on or 51.34 after the date the payment is due, and the person entitled 51.35 to receive the payment or the public agency may obtain 51.36 entry and docketing of the judgment WITHOUT NOTICE to the 52.1 person responsible to make the payment under Minnesota 52.2 Statutes, section 548.091. Interest begins to accrue on a 52.3 payment or installment of child support whenever the unpaid 52.4 amount due is greater than the current support due, 52.5 according to Minnesota Statutes, section 548.091, 52.6 subdivision 1a. 52.7 9. JUDGMENTS FOR UNPAID MAINTENANCE 52.8 A judgment for unpaid spousal maintenance may be entered 52.9 when the conditions of Minnesota Statutes, section 548.091, 52.10 are met. A copy of that section is available from any 52.11 district court clerk. 52.12 10. ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD 52.13 SUPPORT 52.14 A judgment for attorney fees and other collection costs 52.15 incurred in enforcing a child support order will be entered 52.16 against the person responsible to pay support when the 52.17 conditions of section 518.14, subdivision 2, are met. A 52.18 copy of section 518.14 and forms necessary to request or 52.19 contest these attorney fees and collection costs are 52.20 available from any district court clerk. 52.21 11. VISITATIONPARENTING TIME EXPEDITOR PROCESS 52.22 On request of either party or on its own motion, the court 52.23 may appoint a visitationparenting time expeditor to 52.24 resolve visitationparenting time disputes under Minnesota 52.25 Statutes, section 518.1751. A copy of that section and a 52.26 description of the expeditor process is available from any 52.27 district court clerk. 52.28 12. VISITATIONPARENTING TIME REMEDIES AND PENALTIES 52.29 Remedies and penalties for the wrongful denial of 52.30 visitation rightsparenting time are available under 52.31 Minnesota Statutes, section 518.175, subdivision 6. These 52.32 include compensatory visitationparenting time; civil 52.33 penalties; bond requirements; contempt; and reversal of 52.34 custody. A copy of that subdivision and forms for 52.35 requesting relief are available from any district court 52.36 clerk. 53.1 Sec. 42. Minnesota Statutes 1998, section 518B.01, 53.2 subdivision 4, is amended to read: 53.3 Subd. 4. [ORDER FOR PROTECTION.] There shall exist an 53.4 action known as a petition for an order for protection in cases 53.5 of domestic abuse. 53.6 (a) A petition for relief under this section may be made by 53.7 any family or household member personally or by a family or 53.8 household member, a guardian as defined in section 524.1-201, 53.9 clause (20), or, if the court finds that it is in the best 53.10 interests of the minor, by a reputable adult age 25 or older on 53.11 behalf of minor family or household members. A minor age 16 or 53.12 older may make a petition on the minor's own behalf against a 53.13 spouse or former spouse, or a person with whom the minor has a 53.14 child in common, if the court determines that the minor has 53.15 sufficient maturity and judgment and that it is in the best 53.16 interests of the minor. 53.17 (b) A petition for relief shall allege the existence of 53.18 domestic abuse, and shall be accompanied by an affidavit made 53.19 under oath stating the specific facts and circumstances from 53.20 which relief is sought. 53.21 (c) A petition for relief must state whether the petitioner 53.22 has ever had an order for protection in effect against the 53.23 respondent. 53.24 (d) A petition for relief must state whether there is an 53.25 existing order for protection in effect under this chapter 53.26 governing both the parties and whether there is a pending 53.27 lawsuit, complaint, petition or other action between the parties 53.28 under chapter 257, 518, 518A, 518B, or 518C. The court 53.29 administrator shall verify the terms of any existing order 53.30 governing the parties. The court may not delay granting relief 53.31 because of the existence of a pending action between the parties 53.32 or the necessity of verifying the terms of an existing order. A 53.33 subsequent order in a separate action under this chapter may 53.34 modify only the provision of an existing order that grants 53.35 relief authorized under subdivision 6, paragraph (a), clause 53.36 (1). A petition for relief may be granted, regardless of 54.1 whether there is a pending action between the parties. 54.2 (e) The court shall provide simplified forms and clerical 54.3 assistance to help with the writing and filing of a petition 54.4 under this section. 54.5 (f) The court shall advise a petitioner under paragraph (e) 54.6 of the right to file a motion and affidavit and to sue in forma 54.7 pauperis pursuant to section 563.01 and shall assist with the 54.8 writing and filing of the motion and affidavit. 54.9 (g) The court shall advise a petitioner under paragraph (e) 54.10 of the right to serve the respondent by published notice under 54.11 subdivision 5, paragraph (b), if the respondent is avoiding 54.12 personal service by concealment or otherwise, and shall assist 54.13 with the writing and filing of the affidavit. 54.14 (h) The court shall advise the petitioner of the right to 54.15 seek restitution under the petition for relief. 54.16 (i) The court shall advise the petitioner of the right to 54.17 request a hearing under subdivision 7, paragraph (c). If the 54.18 petitioner does not request a hearing, the court shall advise 54.19 the petitioner that the respondent may request a hearing and 54.20 that notice of the hearing date and time will be provided to the 54.21 petitioner by mail at least five days before the hearing. 54.22 (j) The court shall advise the petitioner of the right to 54.23 request supervised visitationparenting time, as provided in 54.24 section 518.175, subdivision 1a. 54.25 Sec. 43. Minnesota Statutes 1998, section 518B.01, 54.26 subdivision 8, is amended to read: 54.27 Subd. 8. [SERVICE; ALTERNATE SERVICE; PUBLICATION; 54.28 NOTICE.] (a) The petition and any order issued under this 54.29 section shall be served on the respondent personally. 54.30 (b) When service is made out of this state and in the 54.31 United States, it may be proved by the affidavit of the person 54.32 making the service. When service is made outside the United 54.33 States, it may be proved by the affidavit of the person making 54.34 the service, taken before and certified by any United States 54.35 minister, charge d'affaires, commissioner, consul, or commercial 54.36 agent, or other consular or diplomatic officer of the United 55.1 States appointed to reside in the other country, including all 55.2 deputies or other representatives of the officer authorized to 55.3 perform their duties; or before an office authorized to 55.4 administer an oath with the certificate of an officer of a court 55.5 of record of the country in which the affidavit is taken as to 55.6 the identity and authority of the officer taking the affidavit. 55.7 (c) If personal service cannot be made, the court may order 55.8 service of the petition and any order issued under this section 55.9 by alternate means, or by publication, which publication must be 55.10 made as in other actions. The application for alternate service 55.11 must include the last known location of the respondent; the 55.12 petitioner's most recent contacts with the respondent; the last 55.13 known location of the respondent's employment; the names and 55.14 locations of the respondent's parents, siblings, children, and 55.15 other close relatives; the names and locations of other persons 55.16 who are likely to know the respondent's whereabouts; and a 55.17 description of efforts to locate those persons. 55.18 The court shall consider the length of time the 55.19 respondent's location has been unknown, the likelihood that the 55.20 respondent's location will become known, the nature of the 55.21 relief sought, and the nature of efforts made to locate the 55.22 respondent. The court shall order service by first class mail, 55.23 forwarding address requested, to any addresses where there is a 55.24 reasonable possibility that mail or information will be 55.25 forwarded or communicated to the respondent. 55.26 The court may also order publication, within or without the 55.27 state, but only if it might reasonably succeed in notifying the 55.28 respondent of the proceeding. Service shall be deemed complete 55.29 14 days after mailing or 14 days after court-ordered publication. 55.30 (d) A petition and any order issued under this section must 55.31 include a notice to the respondent that if an order for 55.32 protection is issued to protect the petitioner or a child of the 55.33 parties, upon request of the petitioner in any visitation55.34 parenting time proceeding, the court shall consider the order 55.35 for protection in making a decision regarding visitation55.36 parenting time. 56.1 Sec. 44. Minnesota Statutes 1998, section 519.11, 56.2 subdivision 1a, is amended to read: 56.3 Subd. 1a. [POSTNUPTIAL CONTRACT.] (a) Spouses who are 56.4 legally married under the laws of this state may enter into a 56.5 postnuptial contract or settlement which is valid and 56.6 enforceable if it: 56.7 (1) complies with the requirements for antenuptial 56.8 contracts or settlements in this section and in the law of this 56.9 state, including, but not limited to, the requirement that it be 56.10 procedurally and substantively fair and equitable both at the 56.11 time of its execution and at the time of its enforcement; and 56.12 (2) complies with the requirements for postnuptial 56.13 contracts or settlements in this section. 56.14 (b) A postnuptial contract or settlement that conforms with 56.15 this section may determine all matters that may be determined by 56.16 an antenuptial contract or settlement under the law of this 56.17 state, except that a postnuptial contract or settlement may not 56.18 determine the rights of any child of the spouses to child 56.19 support from either spouse or rights of child custody or 56.20 visitationparenting time. 56.21 (c) A postnuptial contract or settlement is valid and 56.22 enforceable only if at the time of its execution each spouse is 56.23 represented by separate legal counsel. 56.24 (d) A postnuptial contract or settlement is valid and 56.25 enforceable only if at the time of its execution each of the 56.26 spouses entering into the contract or settlement has marital 56.27 property titled in that spouse's name, nonmarital property, or a 56.28 combination of marital property titled in that spouse's name and 56.29 nonmarital property with a total net value exceeding $1,200,000. 56.30 (e) A postnuptial contract or settlement is not valid or 56.31 enforceable if either party commences an action for a legal 56.32 separation or dissolution within two years of the date of its 56.33 execution. 56.34 (f) Nothing in this section shall impair the validity or 56.35 enforceability of a contract, agreement, or waiver which is 56.36 entered into after marriage and which is described in chapter 57.1 524, article 2, part 2, further, a conveyance permitted by 57.2 section 500.19 is not a postnuptial contract or settlement under 57.3 this section. 57.4 Sec. 45. Minnesota Statutes 1999 Supplement, section 57.5 609.26, subdivision 1, is amended to read: 57.6 Subdivision 1. [PROHIBITED ACTS.] Whoever intentionally 57.7 does any of the following acts may be charged with a felony and, 57.8 upon conviction, may be sentenced as provided in subdivision 6: 57.9 (1) conceals a minor child from the child's parent where 57.10 the action manifests an intent substantially to deprive that 57.11 parent of parental rights or conceals a minor child from another 57.12 person having the right to visitationparenting time or custody 57.13 where the action manifests an intent to substantially deprive 57.14 that person of rights to visitationparenting time or custody; 57.15 (2) takes, obtains, retains, or fails to return a minor 57.16 child in violation of a court order which has transferred legal 57.17 custody under chapter 260, 260B, or 260C to the commissioner of 57.18 human services, a child-placing agency, or the local social 57.19 services agency; 57.20 (3) takes, obtains, retains, or fails to return a minor 57.21 child from or to the parent in violation of a court order, where 57.22 the action manifests an intent substantially to deprive that 57.23 parent of rights to visitationparenting time or custody; 57.24 (4) takes, obtains, retains, or fails to return a minor 57.25 child from or to a parent after commencement of an action 57.26 relating to child visitationparenting time or custody but prior 57.27 to the issuance of an order determining custody or visitation57.28 parenting time rights, where the action manifests an intent 57.29 substantially to deprive that parent of parental rights; 57.30 (5) retains a child in this state with the knowledge that 57.31 the child was removed from another state in violation of any of 57.32 the above provisions; 57.33 (6) refuses to return a minor child to a parent or lawful 57.34 custodian and is at least 18 years old and more than 24 months 57.35 older than the child; 57.36 (7) causes or contributes to a child being a habitual 58.1 truant as defined in section 260C.007, subdivision 19, and is at 58.2 least 18 years old and more than 24 months older than the child; 58.3 (8) causes or contributes to a child being a runaway as 58.4 defined in section 260C.007, subdivision 20, and is at least 18 58.5 years old and more than 24 months older than the child; or 58.6 (9) is at least 18 years old and resides with a minor under 58.7 the age of 16 without the consent of the minor's parent or 58.8 lawful custodian. 58.9 Sec. 46. Minnesota Statutes 1998, section 609.26, 58.10 subdivision 2, is amended to read: 58.11 Subd. 2. [DEFENSES.] It is an affirmative defense if a 58.12 person charged under subdivision 1 proves that: 58.13 (1) the person reasonably believed the action taken was 58.14 necessary to protect the child from physical or sexual assault 58.15 or substantial emotional harm; 58.16 (2) the person reasonably believed the action taken was 58.17 necessary to protect the person taking the action from physical 58.18 or sexual assault; 58.19 (3) the action taken is consented to by the parent, 58.20 stepparent, or legal custodian seeking prosecution, but consent 58.21 to custody or specific visitationparenting time is not consent 58.22 to the action of failing to return or concealing a minor child; 58.23 or 58.24 (4) the action taken is otherwise authorized by a court 58.25 order issued prior to the violation of subdivision 1. 58.26 The defenses provided in this subdivision are in addition 58.27 to and do not limit other defenses available under this chapter 58.28 or chapter 611. 58.29 Sec. 47. Minnesota Statutes 1999 Supplement, section 58.30 626.556, subdivision 2, is amended to read: 58.31 Subd. 2. [DEFINITIONS.] As used in this section, the 58.32 following terms have the meanings given them unless the specific 58.33 content indicates otherwise: 58.34 (a) "Sexual abuse" means the subjection of a child by a 58.35 person responsible for the child's care, by a person who has a 58.36 significant relationship to the child, as defined in section 59.1 609.341, or by a person in a position of authority, as defined 59.2 in section 609.341, subdivision 10, to any act which constitutes 59.3 a violation of section 609.342 (criminal sexual conduct in the 59.4 first degree), 609.343 (criminal sexual conduct in the second 59.5 degree), 609.344 (criminal sexual conduct in the third degree), 59.6 609.345 (criminal sexual conduct in the fourth degree), or 59.7 609.3451 (criminal sexual conduct in the fifth degree). Sexual 59.8 abuse also includes any act which involves a minor which 59.9 constitutes a violation of prostitution offenses under sections 59.10 609.321 to 609.324 or 617.246. Sexual abuse includes threatened 59.11 sexual abuse. 59.12 (b) "Person responsible for the child's care" means (1) an 59.13 individual functioning within the family unit and having 59.14 responsibilities for the care of the child such as a parent, 59.15 guardian, or other person having similar care responsibilities, 59.16 or (2) an individual functioning outside the family unit and 59.17 having responsibilities for the care of the child such as a 59.18 teacher, school administrator, or other lawful custodian of a 59.19 child having either full-time or short-term care 59.20 responsibilities including, but not limited to, day care, 59.21 babysitting whether paid or unpaid, counseling, teaching, and 59.22 coaching. 59.23 (c) "Neglect" means: 59.24 (1) failure by a person responsible for a child's care to 59.25 supply a child with necessary food, clothing, shelter, health, 59.26 medical, or other care required for the child's physical or 59.27 mental health when reasonably able to do so; 59.28 (2) failure to protect a child from conditions or actions 59.29 which imminently and seriously endanger the child's physical or 59.30 mental health when reasonably able to do so; 59.31 (3) failure to provide for necessary supervision or child 59.32 care arrangements appropriate for a child after considering 59.33 factors as the child's age, mental ability, physical condition, 59.34 length of absence, or environment, when the child is unable to 59.35 care for the child's own basic needs or safety, or the basic 59.36 needs or safety of another child in their care; 60.1 (4) failure to ensure that the child is educated as defined 60.2 in sections 120A.22 and 260C.163, subdivision 11; 60.3 (5) nothing in this section shall be construed to mean that 60.4 a child is neglected solely because the child's parent, 60.5 guardian, or other person responsible for the child's care in 60.6 good faith selects and depends upon spiritual means or prayer 60.7 for treatment or care of disease or remedial care of the child 60.8 in lieu of medical care; except that a parent, guardian, or 60.9 caretaker, or a person mandated to report pursuant to 60.10 subdivision 3, has a duty to report if a lack of medical care 60.11 may cause serious danger to the child's health. This section 60.12 does not impose upon persons, not otherwise legally responsible 60.13 for providing a child with necessary food, clothing, shelter, 60.14 education, or medical care, a duty to provide that care; 60.15 (6) prenatal exposure to a controlled substance, as defined 60.16 in section 253B.02, subdivision 2, used by the mother for a 60.17 nonmedical purpose, as evidenced by withdrawal symptoms in the 60.18 child at birth, results of a toxicology test performed on the 60.19 mother at delivery or the child at birth, or medical effects or 60.20 developmental delays during the child's first year of life that 60.21 medically indicate prenatal exposure to a controlled substance; 60.22 (7) "medical neglect" as defined in section 260C.007, 60.23 subdivision 4, clause (5); 60.24 (8) that the parent or other person responsible for the 60.25 care of the child: 60.26 (i) engages in violent behavior that demonstrates a 60.27 disregard for the well-being of the child as indicated by action 60.28 that could reasonably result in serious physical, mental, or 60.29 threatened injury, or emotional damage to the child; 60.30 (ii) engages in repeated domestic assault that would 60.31 constitute a violation of section 609.2242, subdivision 2 or 4; 60.32 (iii) intentionally inflicts or attempts to inflict bodily 60.33 harm against a family or household member, as defined in section 60.34 518B.01, subdivision 2, that is within sight or sound of the 60.35 child; or 60.36 (iv) subjects the child to ongoing domestic violence by the 61.1 abuser in the home environment that is likely to have a 61.2 detrimental effect on the well-being of the child; 61.3 (9) chronic and severe use of alcohol or a controlled 61.4 substance by a parent or person responsible for the care of the 61.5 child that adversely affects the child's basic needs and safety; 61.6 or 61.7 (10) emotional harm from a pattern of behavior which 61.8 contributes to impaired emotional functioning of the child which 61.9 may be demonstrated by a substantial and observable effect in 61.10 the child's behavior, emotional response, or cognition that is 61.11 not within the normal range for the child's age and stage of 61.12 development, with due regard to the child's culture. 61.13 (d) "Physical abuse" means any physical injury, mental 61.14 injury, or threatened injury, inflicted by a person responsible 61.15 for the child's care on a child other than by accidental means, 61.16 or any physical or mental injury that cannot reasonably be 61.17 explained by the child's history of injuries, or any aversive 61.18 and deprivation procedures that have not been authorized under 61.19 section 245.825. Abuse does not include reasonable and moderate 61.20 physical discipline of a child administered by a parent or legal 61.21 guardian which does not result in an injury. Actions which are 61.22 not reasonable and moderate include, but are not limited to, any 61.23 of the following that are done in anger or without regard to the 61.24 safety of the child: 61.25 (1) throwing, kicking, burning, biting, or cutting a child; 61.26 (2) striking a child with a closed fist; 61.27 (3) shaking a child under age three; 61.28 (4) striking or other actions which result in any 61.29 nonaccidental injury to a child under 18 months of age; 61.30 (5) unreasonable interference with a child's breathing; 61.31 (6) threatening a child with a weapon, as defined in 61.32 section 609.02, subdivision 6; 61.33 (7) striking a child under age one on the face or head; 61.34 (8) purposely giving a child poison, alcohol, or dangerous, 61.35 harmful, or controlled substances which were not prescribed for 61.36 the child by a practitioner, in order to control or punish the 62.1 child; or other substances that substantially affect the child's 62.2 behavior, motor coordination, or judgment or that results in 62.3 sickness or internal injury, or subjects the child to medical 62.4 procedures that would be unnecessary if the child were not 62.5 exposed to the substances; or 62.6 (9) unreasonable physical confinement or restraint not 62.7 permitted under section 609.379, including but not limited to 62.8 tying, caging, or chaining. 62.9 (e) "Report" means any report received by the local welfare 62.10 agency, police department, or county sheriff pursuant to this 62.11 section. 62.12 (f) "Facility" means a licensed or unlicensed day care 62.13 facility, residential facility, agency, hospital, sanitarium, or 62.14 other facility or institution required to be licensed under 62.15 sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or 62.16 chapter 245B; or a school as defined in sections 120A.05, 62.17 subdivisions 9, 11, and 13; and 124D.10; or a nonlicensed 62.18 personal care provider organization as defined in sections 62.19 256B.04, subdivision 16, and 256B.0625, subdivision 19a. 62.20 (g) "Operator" means an operator or agency as defined in 62.21 section 245A.02. 62.22 (h) "Commissioner" means the commissioner of human services. 62.23 (i) "Assessment" includes authority to interview the child, 62.24 the person or persons responsible for the child's care, the 62.25 alleged perpetrator, and any other person with knowledge of the 62.26 abuse or neglect for the purpose of gathering the facts, 62.27 assessing the risk to the child, and formulating a plan. 62.28 (j) "Practice of social services," for the purposes of 62.29 subdivision 3, includes but is not limited to employee 62.30 assistance counseling and the provision of guardian ad litem and 62.31 visitationparenting time expeditor services. 62.32 (k) "Mental injury" means an injury to the psychological 62.33 capacity or emotional stability of a child as evidenced by an 62.34 observable or substantial impairment in the child's ability to 62.35 function within a normal range of performance and behavior with 62.36 due regard to the child's culture. 63.1 (l) "Threatened injury" means a statement, overt act, 63.2 condition, or status that represents a substantial risk of 63.3 physical or sexual abuse or mental injury. 63.4 (m) Persons who conduct assessments or investigations under 63.5 this section shall take into account accepted child-rearing 63.6 practices of the culture in which a child participates, which 63.7 are not injurious to the child's health, welfare, and safety. 63.8 Sec. 48. Minnesota Statutes 1998, section 629.341, 63.9 subdivision 3, is amended to read: 63.10 Subd. 3. [NOTICE OF RIGHTS.] The peace officer shall tell 63.11 the victim whether a shelter or other services are available in 63.12 the community and give the victim immediate notice of the legal 63.13 rights and remedies available. The notice must include 63.14 furnishing the victim a copy of the following statement: 63.15 "IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask 63.16 the city or county attorney to file a criminal complaint. You 63.17 also have the right to go to court and file a petition 63.18 requesting an order for protection from domestic abuse. The 63.19 order could include the following: 63.20 (1) an order restraining the abuser from further acts of 63.21 abuse; 63.22 (2) an order directing the abuser to leave your household; 63.23 (3) an order preventing the abuser from entering your 63.24 residence, school, business, or place of employment; 63.25 (4) an order awarding you or the other parent custody of or 63.26 visitationparenting time with your minor child or children; or 63.27 (5) an order directing the abuser to pay support to you and 63.28 the minor children if the abuser has a legal obligation to do 63.29 so." 63.30 The notice must include the resource listing, including 63.31 telephone number, for the area battered women's shelter, to be 63.32 designated by the department of corrections. 63.33 Sec. 49. Minnesota Statutes 1998, section 631.52, 63.34 subdivision 1, is amended to read: 63.35 Subdivision 1. [SUSPENSION OF VISITATIONPARENTING TIME 63.36 RIGHTS; TRANSFER OF CUSTODY.] (a) If a person who has 64.1 court-ordered custody of a child or visitationparenting time 64.2 rights is convicted of a crime listed in subdivision 2 and if no 64.3 action is pending regarding custody or visitationparenting 64.4 time, the sentencing court shall refer the matter to the 64.5 appropriate family court for action under this section. The 64.6 family court shall: 64.7 (1) grant temporary custody to the noncustodial parent, 64.8 unless it finds that another custody arrangement is in the best 64.9 interests of the child; or 64.10 (2) suspend visitationparenting time rights, unless it 64.11 finds that visitationparenting time with the convicted person 64.12 is in the best interests of the child. 64.13 The family court shall expedite proceedings under this 64.14 section. The defendant has the burden of proving that continued 64.15 custody or visitationparenting time with the defendant is in 64.16 the best interests of the child. If the victim of the crime was 64.17 a family or household member as defined in section 518B.01, 64.18 subdivision 2, the standard of proof is clear and convincing 64.19 evidence. A guardian ad litem must be appointed in any case to 64.20 which this section applies. 64.21 (b) If a person who has child custody or visitation64.22 parenting time rights was convicted of a crime listed in 64.23 subdivision 2 before July 1, 1990, then any interested party may 64.24 petition the sentencing court for relief under paragraph (a) if: 64.25 (1) the defendant is currently incarcerated, on probation, 64.26 or under supervised release for the offense; or 64.27 (2) the victim of the crime was a family or household 64.28 member as defined in section 518B.01, subdivision 2. 64.29 Sec. 50. [EFFECTIVE DATE.] 64.30 The provisions of sections 6 and 8 relating to commencement 64.31 of certain actions without an adjudication of parentage are 64.32 effective August 1, 2000. The remaining provisions of this 64.33 article are effective January 1, 2001.