2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to children's supervised visitation 1.3 facilities; appropriating money; amending Minnesota 1.4 Statutes 1994, sections 256F.09, subdivisions 1, 2, 3, 1.5 and by adding subdivisions; and 517.08, subdivisions 1.6 1b and 1c; repealing Minnesota Statutes 1994, section 1.7 256F.09, subdivision 4. 1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.9 Section 1. Minnesota Statutes 1994, section 256F.09, 1.10 subdivision 1, is amended to read: 1.11 Subdivision 1. [PURPOSE.] The commissioner shall issue a 1.12 request for proposals from existing local nonprofit, 1.13 nongovernmental, or governmental organizations, to use existing 1.14 local facilities aspilotchildren'ssafety centerssupervised 1.15 visitation facilities, which may also be used for visitation 1.16 exchanges. The commissioner shall award grants in amounts up to 1.17 $50,000 for the purpose of creating or maintaining 1.18 children'ssafety centerssupervised visitation facilities in an 1.19 effort to reduce children's vulnerability to violence and trauma 1.20 related to family visitation, where there has been a history of 1.21 domestic violence or abuse within the family.At least one of1.22the pilot projects shall be located in the seven-county1.23metropolitan area and at least one of the projects shall be1.24located outside the seven-county metropolitan area, andThe 1.25 commissioner shall award the grants to provide the greatest 1.26 possible number ofsafety centerschildren's supervised 2.1 visitation facilities and to locate them to provide for the 2.2 broadest possible geographic distribution of thecenters2.3 facilities throughout the state. 2.4 Each children'ssafety centersupervised visitation 2.5 facility must use existing local facilities to provide a healthy 2.6 interactive environment for parents who are separated or 2.7 divorced and for parents with children in foster homes to visit 2.8 with their children. Thecentersfacilities must be available 2.9 for use by district courts who may order visitation to occur at 2.10 asafety centersupervised visitation facility. 2.11 Thecentersfacilities may also be used as drop-off sites, 2.12 so that parents who are under court order to have no contact 2.13 with each other can exchange children for visitation at a 2.14 neutral site. Eachcenterfacility must provide sufficient 2.15 security to ensure a safe visitation environment for children 2.16 and their parents. A grantee must demonstrate the ability to 2.17 provide a 25 percent local match, which may include in-kind 2.18 contributions. 2.19 Sec. 2. Minnesota Statutes 1994, section 256F.09, is 2.20 amended by adding a subdivision to read: 2.21 Subd. 1a. [COUNTY INVOLVEMENT.] Each county or group of 2.22 counties is encouraged to provide supervised visitation services 2.23 in an effort to fill the gap in the court system that orders 2.24 supervised visitation, but does not provide a facility to 2.25 accomplish the supervised visitation as ordered. Each county or 2.26 group of counties is encouraged to either financially contribute 2.27 to an existing supervised visitation center in the area, or 2.28 establish a new facility if there is not one in the area, 2.29 possibly through county social services. In creating a new 2.30 facility, the county may collaborate with other counties, other 2.31 supervised visitation facilities, family services 2.32 collaboratives, court services, and any other entity or 2.33 organization. The goal is to provide supervised visitation 2.34 facilities statewide. The county shall apply for funding that 2.35 may be available through the federal government, specifically 2.36 for family preservation or family reunification purposes, or any 3.1 other source of funding that will aid in developing and 3.2 maintaining this vital service. 3.3 Sec. 3. Minnesota Statutes 1994, section 256F.09, 3.4 subdivision 2, is amended to read: 3.5 Subd. 2. [PRIORITIESFUNDING.] The commissioner may award 3.6 grants to create or maintain children's supervised visitation 3.7 facilities. 3.8 In awarding grants to maintain a children's supervised 3.9 visitation facility, the commissioner may award a grant to a 3.10 facility that can demonstrate a 35 percent local match, provided 3.11 the facility is diligently exploring and pursuing all available 3.12 funding options in an effort to become self-sustaining, and 3.13 those efforts are reported to the commissioner. 3.14 In awarding grantsunder the programto create a children's 3.15 supervised visitation facility, the commissioner shall give 3.16 priority to: 3.17 (1) areas of the state where no other children'ssafety3.18centersupervised visitation facility or similar facility 3.19 exists; 3.20 (2) applicants who demonstrate that private funding for the 3.21centerfacility is available and will continue; and 3.22 (3) facilities that are adapted for use to care for 3.23 children, such as day care centers, religious institutions, 3.24 community centers, schools, technical colleges, parenting 3.25 resource centers, and child care referral services. 3.26 Sec. 4. Minnesota Statutes 1994, section 256F.09, 3.27 subdivision 3, is amended to read: 3.28 Subd. 3. [ADDITIONAL SERVICES.] Eachcentersupervised 3.29 visitation facility may provide parenting and child development 3.30 classes, and offer support groups to participating custodial 3.31 parents and hold regular classes designed to assist children who 3.32 have experienced domestic violence and abuse. 3.33 Sec. 5. Minnesota Statutes 1994, section 256F.09, is 3.34 amended by adding a subdivision to read: 3.35 Subd. 5. [ADMINISTRATION.] In administering the grants 3.36 authorized by this section, the commissioner shall ensure that 4.1 the term "children's supervised visitation facility" is used in 4.2 all future applications, publicity releases, requests for 4.3 proposals, and other materials of like nature. Materials 4.4 published prior to the enactment of this legislation which use 4.5 different terms may be distributed by the commissioner until 4.6 supplies are gone. 4.7 Sec. 6. Minnesota Statutes 1994, section 517.08, 4.8 subdivision 1b, is amended to read: 4.9 Subd. 1b. [TERM OF LICENSE; FEE.] The court administrator 4.10 shall examine upon oath the party applying for a license 4.11 relative to the legality of the contemplated marriage. If at 4.12 the expiration of a five-day period, on being satisfied that 4.13 there is no legal impediment to it, the court administrator 4.14 shall issue the license, containing the full names of the 4.15 parties before and after marriage, and county and state of 4.16 residence, with the district court seal attached, and make a 4.17 record of the date of issuance. The license shall be valid for 4.18 a period of six months. In case of emergency or extraordinary 4.19 circumstances, a judge of the county court or a judge of the 4.20 district court of the county in which the application is made, 4.21 may authorize the license to be issued at any time before the 4.22 expiration of the five days. The court administrator shall 4.23 collect from the applicant a fee of$65$68 for administering 4.24 the oath, issuing, recording, and filing all papers required, 4.25 and preparing and transmitting to the state registrar of vital 4.26 statistics the reports of marriage required by this section. If 4.27 the license should not be used within the period of six months 4.28 due to illness or other extenuating circumstances, it may be 4.29 surrendered to the court administrator for cancellation, and in 4.30 that case a new license shall issue upon request of the parties 4.31 of the original license without fee. A court administrator who 4.32 knowingly issues or signs a marriage license in any manner other 4.33 than as provided in this section shall pay to the parties 4.34 aggrieved an amount not to exceed $1,000. 4.35 Sec. 7. Minnesota Statutes 1994, section 517.08, 4.36 subdivision 1c, is amended to read: 5.1 Subd. 1c. [DISPOSITION OF LICENSE FEE.] Of the marriage 5.2 license fee collected pursuant to subdivision 1b, the court 5.3 administrator shall pay$50$53 to the state treasurer to be 5.4 depositedin the general fundas follows: $50 in the general 5.5 fund, and $3 in the special revenue fund to be appropriated to 5.6 the commissioner of human services for supervised visitation 5.7 facilities under section 256F.09. 5.8 Sec. 8. [APPROPRIATION.] 5.9 $96,000 in fiscal year 1996 and $96,000 in fiscal year 1997 5.10 are appropriated from the state government special revenue fund 5.11 to the commissioner of human services for supervised visitation 5.12 facilities under Minnesota Statutes, section 256F.09. 5.13 Sec. 9. [REPEALER.] 5.14 Minnesota Statutes 1994, section 256F.09, subdivision 4, is 5.15 repealed.