SF 532

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 11/09/2021 01:00pm

A bill for an act
relating to family law; updating the notice to parties in custody and parenting time
cases; amending Minnesota Statutes 2020, section 518.168.

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

Section 1.

Minnesota Statutes 2020, section 518.168, is amended to read:

518.168 HEARINGS.

(a) Custody proceedings shall receive priority in being set for hearing.

(b) The court may tax as costs the payment of necessary travel and other expenses
incurred by a person whose presence at the hearing the court deems necessary to determine
the best interests of the child.

(c) The court without a jury shall determine questions of law and fact. If it finds that a
public hearing may be detrimental to the child's best interests, the court may exclude the
public from a custody hearing, but may admit any person who has a direct interest in the
particular case.

(d) If the court finds it necessary for the protection of the child's welfare that the record
of an interview, report, investigation, or testimony in a custody proceeding be kept secret,
the court may make an appropriate order sealing the record.

(e) deleted text begin At deleted text end new text begin Prior to new text end the first hearing or deleted text begin at deleted text end an initial appearance before the court under this
chapter, new text begin in conjunction with the mailing of the initial case management conference notice
if one is provided or with the notice of filing of a matter under this chapter, new text end the court shall
provide an information sheet to the parties explaining:

(1) in cases where alternative dispute resolution is required under General Rules of
Practice, rule 310.01, that the parties have the choice of using alternative dispute resolution
methods including mediation, arbitration, and other processes to resolve the divorce or
custody matter;

new text begin (2) in bold type: Alternative dispute resolution is not required and may not be safe or
appropriate in cases involving domestic violence;
new text end

new text begin (3) that any alternative dispute resolution process likely has a cost, but a sliding fee
schedule or a full or partial fee waiver may be available if a party is low-income;
new text end

deleted text begin (2) deleted text end new text begin (4) new text end deleted text begin how deleted text end new text begin that new text end deleted text begin mediation and other available forms of alternative dispute resolution deleted text end new text begin the
parties have the option to use mediation instead of the court process new text end for family law cases
deleted text begin work deleted text end ;

deleted text begin (3) deleted text end new text begin (5) new text end that the parties may choose which method of alternative dispute resolution to use;
deleted text begin and
deleted text end

deleted text begin (4) deleted text end new text begin (6) new text end that the court administrator is able to provide additional information about resources
for alternative dispute resolution deleted text begin . deleted text end new text begin ; and
new text end

new text begin (7) that the parties have the option to create their own parenting plan under section
518.1705.
new text end

Each party deleted text begin who is present at the first hearing or at an initial appearance deleted text end must receive a copy
of the information sheet from the court. new text begin The court must provide the information sheet to all
parties regardless of whether the parties are represented by an attorney.
new text end

(f) The state court administrator shall prepare an alternative dispute resolution information
sheet that the court must use to satisfy the requirements of paragraph (e). new text begin The information
sheet must provide a definition of mediation. The information sheet must explain that early
neutral evaluation is not required. The information sheet must provide an explanation of
mediation and an explanation of early neutral evaluation. The definitions contained in the
information sheet shall not be provided in such a way as to encourage the participants to
choose one process over the other. The information sheet must inform the participants that
mediation is a facilitative process that assists the participants to reach an agreement because
a mediator may not impose his or her own judgment on the issues for that of the parties.
The information sheet must inform the participants that early neutral evaluation is an
adjudicative process that has a primary focus to tell the parties what would happen in court.
The neutrals evaluate the case and provide a candid assessment of the strengths and
weaknesses of the case.
new text end