SF 912

2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to marriage dissolution; providing for parent 
  1.3             education and cooperation for the children program 
  1.4             pilot projects; providing for modification of custody 
  1.5             order for the best interests of the child; requiring a 
  1.6             notice; amending Minnesota Statutes 1996, sections 
  1.7             518.157; 518.18; and 518.68, subdivision 2; repealing 
  1.8             Minnesota Statutes 1996, section 256.996. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1996, section 518.157, is 
  1.11  amended to read: 
  1.12     518.157 [ORIENTATION PARENT EDUCATION PROGRAM IN 
  1.13  PROCEEDINGS INVOLVING CHILDREN.] 
  1.14     Subdivision 1.  [IMPLEMENTATION; ADMINISTRATION.] By 
  1.15  January 1, 1998, the chief judge of each judicial district or a 
  1.16  designee shall implement one or more parent education programs 
  1.17  within the judicial district for the purpose of educating 
  1.18  parents about the impact that divorce, the restructuring of 
  1.19  families, and judicial proceedings have upon children and 
  1.20  families; methods for preventing visitation conflicts; and 
  1.21  dispute resolution options.  The chief judge of each judicial 
  1.22  district or a designee may require that children attend a 
  1.23  separate education program designed to deal with the impact of 
  1.24  divorce upon children, as part of the parent education program.  
  1.25  Each parent education program must enable persons to have timely 
  1.26  and reasonable access to education sessions. 
  1.27     Subd. 2.  [MINIMUM STANDARDS; PLAN.] The Minnesota supreme 
  2.1   court should promulgate minimum standards for the implementation 
  2.2   and administration of a parent education program.  The chief 
  2.3   judge of each judicial district or a designee shall submit a 
  2.4   plan to the Minnesota conference of chief judges for their 
  2.5   approval that is designed to implement and administer a parent 
  2.6   education program in the judicial district.  The plan must be 
  2.7   consistent with the minimum standards promulgated by the 
  2.8   Minnesota supreme court. 
  2.9      Subd. 3.  [ATTENDANCE.] In a proceeding under this 
  2.10  chapter involving custody, support, or visitation of children, 
  2.11  the court may require the parties to or sections 257.51 to 
  2.12  257.75 where custody or visitation is contested, the parents of 
  2.13  a minor child shall attend an orientation and education 
  2.14  program regarding the proceedings and the impact on the children.
  2.15  that meets the minimum standards promulgated by the Minnesota 
  2.16  supreme court.  In all other proceedings involving custody, 
  2.17  support, or visitation the court may order the parents of a 
  2.18  minor child to attend a parent education program.  The program 
  2.19  shall provide the court with names of persons who fail to attend 
  2.20  the parent education program as ordered by the court.  Persons 
  2.21  who are separated or contemplating involvement in a dissolution, 
  2.22  paternity, custody, or visitation proceeding may attend a parent 
  2.23  education program without a court order.  Participation in a 
  2.24  parent education program must occur as early as possible.  
  2.25  Parent education programs must offer an opportunity to 
  2.26  participate at all phases of a pending or postdecree 
  2.27  proceeding.  Upon request of a party and a showing of good 
  2.28  cause, the court shall may excuse the party from attending the 
  2.29  program.  Parties may be required to pay a fee to cover the cost 
  2.30  of the program, except that if a party is entitled to proceed in 
  2.31  forma pauperis under section 563.01, the court shall waive the 
  2.32  fee or direct its payment under section 563.01.  If past or 
  2.33  present domestic abuse, as defined in chapter 518B, is alleged, 
  2.34  the court may shall not require the parties to attend the 
  2.35  same orientation session parent education sessions and shall 
  2.36  enter an order setting forth the manner in which the parties may 
  3.1   safely participate in the program. 
  3.2      Subd. 4.  [SANCTIONS.] The court may impose sanctions upon 
  3.3   a parent for failure to attend or complete a parent education 
  3.4   program as ordered. 
  3.5      Subd. 5.  [CONFIDENTIALITY.] Unless all parties agree in 
  3.6   writing, statements made by a party during participation in a 
  3.7   parent education program are inadmissible as evidence for any 
  3.8   purpose, including impeachment.  No record may be made regarding 
  3.9   a party's participation in a parent education program, except a 
  3.10  record of attendance at and completion of the program as 
  3.11  required under this section.  Instructors shall not disclose 
  3.12  information regarding an individual participant obtained as a 
  3.13  result of participation in a parent education program.  Parent 
  3.14  education instructors may not be subpoenaed or called as 
  3.15  witnesses in court proceedings. 
  3.16     Subd. 6.  [FEE.] Except as provided in this subdivision, 
  3.17  each person who attends a parent education program shall pay a 
  3.18  fee to defray the cost of the program.  A party who qualifies 
  3.19  for waiver of filing fees under section 563.01 is exempt from 
  3.20  paying the parent education program fee and the court shall 
  3.21  waive the fee or direct its payment under section 563.01.  
  3.22  Program providers shall implement a sliding fee scale. 
  3.23     Sec. 2.  Minnesota Statutes 1996, section 518.18, is 
  3.24  amended to read: 
  3.25     518.18 [MODIFICATION OF ORDER.] 
  3.26     (a) Unless agreed to in writing by the parties, no motion 
  3.27  to modify a custody order may be made earlier than one year 
  3.28  after the date of the entry of a decree of dissolution or legal 
  3.29  separation containing a provision dealing with custody, except 
  3.30  in accordance with paragraph (c). 
  3.31     (b) If a motion for modification has been heard, whether or 
  3.32  not it was granted, unless agreed to in writing by the parties 
  3.33  no subsequent motion may be filed within two years after 
  3.34  disposition of the prior motion on its merits, except in 
  3.35  accordance with paragraph (c). 
  3.36     (c) The time limitations prescribed in paragraphs (a) and 
  4.1   (b) shall not prohibit a motion to modify a custody order if the 
  4.2   court finds that there is persistent and willful denial or 
  4.3   interference with visitation, or has reason to believe that the 
  4.4   child's present environment may endanger the child's physical or 
  4.5   emotional health or impair the child's emotional development. 
  4.6      (d) If the court has jurisdiction to determine child 
  4.7   custody matters, the court shall not modify a prior custody 
  4.8   order unless it finds, upon the basis of facts, including 
  4.9   unwarranted denial of, or interference with, a duly established 
  4.10  visitation schedule, that have arisen since the prior order or 
  4.11  that were unknown to the court at the time of the prior order, 
  4.12  that a change has occurred in the circumstances of the child or 
  4.13  the parties and that the modification is necessary to serve the 
  4.14  best interests of the child.  In applying these standards the 
  4.15  court shall retain the custody arrangement established by the 
  4.16  prior order unless: 
  4.17     (i) both parties agree to the modification; 
  4.18     (ii) the child has been integrated into the family of the 
  4.19  petitioner with the consent of the other party; or 
  4.20     (iii) the child's present environment endangers the child's 
  4.21  physical or emotional health or impairs the child's emotional 
  4.22  development and the harm likely to be caused by a change of 
  4.23  environment is outweighed by the advantage of a change to the 
  4.24  child; or 
  4.25     (iv) there has been a pattern of persistent and willful 
  4.26  denial of or interference with court-ordered visitation and it 
  4.27  would be in the best interests of the child, as defined in 
  4.28  section 518.17, to modify the custody order.  
  4.29     In addition, a court may modify a custody order under 
  4.30  section 631.52.  
  4.31     (e) In deciding whether to modify a prior joint custody 
  4.32  order, the court shall apply the standards set forth in 
  4.33  paragraph (d) unless:  (1) the parties agree in writing to the 
  4.34  application of a different standard, or (2) the party seeking 
  4.35  the modification is asking the court for permission to move the 
  4.36  residence of the child to another state. 
  5.1      (f) If a custodial parent has been granted sole physical 
  5.2   custody of a minor and the child subsequently lives with the 
  5.3   noncustodial parent, and temporary sole physical custody has 
  5.4   been approved by the court or by a court-appointed referee, the 
  5.5   court may suspend the noncustodial parent's child support 
  5.6   obligation pending the final custody determination.  The court's 
  5.7   order denying the suspension of child support must include a 
  5.8   written explanation of the reasons why continuation of the child 
  5.9   support obligation would be in the best interests of the child. 
  5.10     Sec. 3.  Minnesota Statutes 1996, section 518.68, 
  5.11  subdivision 2, is amended to read: 
  5.12     Subd. 2.  [CONTENTS.] The required notices must be 
  5.13  substantially as follows: 
  5.14                          IMPORTANT NOTICE 
  5.15  1.  PAYMENTS TO PUBLIC AGENCY 
  5.16     Pursuant to Minnesota Statutes, section 518.551, 
  5.17     subdivision 1, payments ordered for maintenance and support 
  5.18     must be paid to the public agency responsible for child 
  5.19     support enforcement as long as the person entitled to 
  5.20     receive the payments is receiving or has applied for public 
  5.21     assistance or has applied for support and maintenance 
  5.22     collection services.  MAIL PAYMENTS TO: 
  5.23  2.  DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A 
  5.24  FELONY 
  5.25     A person may be charged with a felony who conceals a minor 
  5.26     child or takes, obtains, retains, or fails to return a 
  5.27     minor child from or to the child's parent (or person with 
  5.28     custodial or visitation rights), pursuant to Minnesota 
  5.29     Statutes, section 609.26.  A copy of that section is 
  5.30     available from any district court clerk. 
  5.31  3.  RULES OF SUPPORT, MAINTENANCE, VISITATION 
  5.32     (a) Payment of support or spousal maintenance is to be as 
  5.33     ordered, and the giving of gifts or making purchases of 
  5.34     food, clothing, and the like will not fulfill the 
  5.35     obligation. 
  5.36     (b) Payment of support must be made as it becomes due, and 
  6.1      failure to secure or denial of rights of visitation is NOT 
  6.2      an excuse for nonpayment, but the aggrieved party must seek 
  6.3      relief through a proper motion filed with the court. 
  6.4      (c) Nonpayment of support is not grounds to deny 
  6.5      visitation.  The party entitled to receive support may 
  6.6      apply for support and collection services, file a contempt 
  6.7      motion, or obtain a judgment as provided in Minnesota 
  6.8      Statutes, section 548.091.  
  6.9      (d) The payment of support or spousal maintenance takes 
  6.10     priority over payment of debts and other obligations. 
  6.11     (e) A party who accepts additional obligations of support 
  6.12     does so with the full knowledge of the party's prior 
  6.13     obligation under this proceeding. 
  6.14     (f) Child support or maintenance is based on annual income, 
  6.15     and it is the responsibility of a person with seasonal 
  6.16     employment to budget income so that payments are made 
  6.17     throughout the year as ordered. 
  6.18     (g) If there is a layoff or a pay reduction, support may be 
  6.19     reduced as of the time of the layoff or pay reduction if a 
  6.20     motion to reduce the support is served and filed with the 
  6.21     court at that time, but any such reduction must be ordered 
  6.22     by the court.  The court is not permitted to reduce support 
  6.23     retroactively, except as provided in Minnesota Statutes, 
  6.24     section 518.64, subdivision 2, paragraph (c).  
  6.25     (h) Reasonable visitation guidelines are contained in 
  6.26     Appendix B, which is available from the court administrator.
  6.27  4.  PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17, 
  6.28  SUBDIVISION 3 
  6.29     Unless otherwise provided by the Court: 
  6.30     (a) Each party has the right of access to, and to receive 
  6.31     copies of, school, medical, dental, religious training, and 
  6.32     other important records and information about the minor 
  6.33     children.  Each party has the right of access to 
  6.34     information regarding health or dental insurance available 
  6.35     to the minor children.  Presentation of a copy of this 
  6.36     order to the custodian of a record or other information 
  7.1      about the minor children constitutes sufficient 
  7.2      authorization for the release of the record or information 
  7.3      to the requesting party. 
  7.4      (b) Each party shall keep the other informed as to the name 
  7.5      and address of the school of attendance of the minor 
  7.6      children.  Each party has the right to be informed by 
  7.7      school officials about the children's welfare, educational 
  7.8      progress and status, and to attend school and parent 
  7.9      teacher conferences.  The school is not required to hold a 
  7.10     separate conference for each party. 
  7.11     (c) In case of an accident or serious illness of a minor 
  7.12     child, each party shall notify the other party of the 
  7.13     accident or illness, and the name of the health care 
  7.14     provider and the place of treatment. 
  7.15     (d) Each party has the right of reasonable access and 
  7.16     telephone contact with the minor children. 
  7.17  5.  WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE 
  7.18     Child support and/or spousal maintenance may be withheld 
  7.19     from income, with or without notice to the person obligated 
  7.20     to pay, when the conditions of Minnesota Statutes, sections 
  7.21     518.611 and 518.613, have been met.  A copy of those 
  7.22     sections is available from any district court clerk. 
  7.23  6.  CHANGE OF ADDRESS OR RESIDENCE 
  7.24     Unless otherwise ordered, the person responsible to make 
  7.25     support or maintenance payments shall notify the person 
  7.26     entitled to receive the payment and the public authority 
  7.27     responsible for collection, if applicable, of a change of 
  7.28     address or residence within 60 days of the address or 
  7.29     residence change. 
  7.30  7.  COST OF LIVING INCREASE OF SUPPORT AND MAINTENANCE 
  7.31     Child support and/or spousal maintenance may be adjusted 
  7.32     every two years based upon a change in the cost of living 
  7.33     (using Department of Labor Consumer Price Index .........., 
  7.34     unless otherwise specified in this order) when the 
  7.35     conditions of Minnesota Statutes, section 518.641, are met. 
  7.36     Cost of living increases are compounded.  A copy of 
  8.1      Minnesota Statutes, section 518.641, and forms necessary to 
  8.2      request or contest a cost of living increase are available 
  8.3      from any district court clerk. 
  8.4   8.  JUDGMENTS FOR UNPAID SUPPORT 
  8.5      If a person fails to make a child support payment, the 
  8.6      payment owed becomes a judgment against the person 
  8.7      responsible to make the payment by operation of law on or 
  8.8      after the date the payment is due, and the person entitled 
  8.9      to receive the payment or the public agency may obtain 
  8.10     entry and docketing of the judgment WITHOUT NOTICE to the 
  8.11     person responsible to make the payment under Minnesota 
  8.12     Statutes, section 548.091.  Interest begins to accrue on a 
  8.13     payment or installment of child support whenever the unpaid 
  8.14     amount due is greater than the current support due, 
  8.15     pursuant to Minnesota Statutes, section 548.091, 
  8.16     subdivision 1a.  
  8.17  9.  JUDGMENTS FOR UNPAID MAINTENANCE 
  8.18     A judgment for unpaid spousal maintenance may be entered 
  8.19     when the conditions of Minnesota Statutes, section 548.091, 
  8.20     are met.  A copy of that section is available from any 
  8.21     district court clerk. 
  8.22  10.  ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD 
  8.23  SUPPORT 
  8.24     A judgment for attorney fees and other collection costs 
  8.25     incurred in enforcing a child support order will be entered 
  8.26     against the person responsible to pay support when the 
  8.27     conditions of section 518.14, subdivision 2, are met.  A 
  8.28     copy of section 518.14 and forms necessary to request or 
  8.29     contest these attorney fees and collection costs are 
  8.30     available from any district court clerk. 
  8.31  11.  VISITATION EXPEDITOR PROCESS 
  8.32     On request of either party or on its own motion, the court 
  8.33     may appoint a visitation expeditor to resolve visitation 
  8.34     disputes under Minnesota Statutes, section 518.1751.  A 
  8.35     copy of that section and a description of the expeditor 
  8.36     process is available from any district court clerk. 
  9.1   12.  VISITATION REMEDIES AND PENALTIES 
  9.2      Remedies and penalties for the wrongful denial of 
  9.3      visitation rights are available under Minnesota Statutes, 
  9.4      section 518.175, subdivision 6.  These include compensatory 
  9.5      visitation; civil penalties; bond requirements; contempt; 
  9.6      and reversal of custody.  A copy of that subdivision and 
  9.7      forms for requesting relief are available from any district 
  9.8      court clerk. 
  9.9      Sec. 4.  [COOPERATION FOR THE CHILDREN PROGRAM.] 
  9.10     Subdivision 1.  [ESTABLISHMENT; PILOT PROJECT.] By January 
  9.11  1, 1998, the state court administrator shall develop and 
  9.12  implement a cooperation for the children program as a 24-month 
  9.13  pilot project in at least two counties as an effort to promote 
  9.14  parental relationships with children.  The state court 
  9.15  administrator may allow additional counties to participate in 
  9.16  the pilot project if those counties provide their own funding or 
  9.17  if other funding becomes available.  The provisions of Minnesota 
  9.18  Statutes, section 518.1751, subdivision 6, pertaining to 
  9.19  mandatory visitation dispute resolution programs, do not apply 
  9.20  to counties participating in the cooperation for the children 
  9.21  program pilot project. 
  9.22     Subd. 2.  [PARTICIPATION.] (a) Except as provided in this 
  9.23  subdivision, in cases where visitation is the sole issue in 
  9.24  conflict, the person seeking relief in regard to a visitation 
  9.25  dispute must first seek assistance from the cooperation for the 
  9.26  children program before filing with the court or serving upon 
  9.27  the other party a motion requesting a court hearing. 
  9.28     (b) An individual who submits to the program proof that the 
  9.29  person has used, or in good faith has attempted to use, the 
  9.30  services of a visitation expeditor or mediator or other 
  9.31  alternative dispute resolution process to resolve the visitation 
  9.32  dispute may, upon request to the program, be exempted from 
  9.33  mandatory participation in the cooperation for the children 
  9.34  program and the person may seek assistance from the court by 
  9.35  filing a motion requesting a hearing. 
  9.36     (c) In cases where visitation is not the only issue in 
 10.1   conflict, the person seeking relief may either file with the 
 10.2   court a motion seeking resolution of all issues or may seek 
 10.3   resolution of the visitation issue with the cooperation for the 
 10.4   children program and resolution of the other issues with the 
 10.5   court.  In cases where the person seeking relief chooses to 
 10.6   proceed in court, the court may determine whether the 
 10.7   nonvisitation issues are or are not valid.  If the court 
 10.8   determines that the nonvisitation issues are not valid or that 
 10.9   the nonvisitation issues were raised for the purpose of avoiding 
 10.10  participation in the cooperation for the children program, the 
 10.11  court may order the parties to participate in the cooperation 
 10.12  for the children program or may resolve the dispute if both 
 10.13  parties are present. 
 10.14     Subd. 3.  [FEE.] Except as provided in this subdivision, a 
 10.15  person who participates in the cooperation for the children 
 10.16  program shall pay a fee to defray the cost of the program.  A 
 10.17  party who qualifies for waiver of filing fees under Minnesota 
 10.18  Statutes, section 563.01, is exempt from paying the program fee 
 10.19  and the court shall waive the fee or direct its payment under 
 10.20  section 563.01.  Program providers shall implement a sliding fee 
 10.21  scale. 
 10.22     Subd. 4.  [EVALUATION.] By December 15, 1999, the state 
 10.23  court administrator shall submit to the legislature a report 
 10.24  evaluating the cooperation for the children program pilot 
 10.25  project based on at least 12 months of data from the project. 
 10.26     Sec. 5.  [EVALUATION.] 
 10.27     By December 15, 1999, the state court administrator shall 
 10.28  submit to the legislature a report evaluating the parent 
 10.29  education program in Minnesota Statutes, section 518.157, based 
 10.30  on at least 12 months of data from the program. 
 10.31     Sec. 6.  [REPEALER.] 
 10.32     Minnesota Statutes 1996, section 256.996, is repealed.