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HF 1899

2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 03/13/2012 12:21pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Introduction Posted on 01/13/2012
1st Engrossment Posted on 02/08/2012
2nd Engrossment Posted on 03/13/2012

Current Version - 2nd Engrossment

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A bill for an act
relating to crime victims; establishing Jacob's law; requiring notification by
law enforcement to social services if a child is neglected or abused outside the
home; amending parental rights under custody orders to include police reports on
minor children; amending Minnesota Statutes 2010, sections 518.17, subdivision
3; 626.556, subdivision 10a.


Section 1.

Minnesota Statutes 2010, section 518.17, subdivision 3, is amended to read:

Subd. 3.

Custody order.

(a) Upon adjudging the nullity of a marriage, or in a
dissolution or separation proceeding, or in a child custody proceeding, the court shall
make such further order as it deems just and proper concerning:

(1) the legal custody of the minor children of the parties which shall be sole or joint;

(2) their physical custody and residence; and

(3) their support. In determining custody, the court shall consider the best interests
of each child and shall not prefer one parent over the other solely on the basis of the sex
of the parent.

(b) The court shall grant the following rights to each of the parties, unless specific
findings are made under section 518.68, subdivision 1. Each party has thenew text begin following rights:
new text end

new text begin (1)new text end right of access to, and to receive copies of, school, medical, dental, religious
training,new text begin police reports,new text end and other important records and information about the minor
childrendeleted text begin. Each party has thedeleted text endnew text begin;
new text end

new text begin (2)new text end right of access to information regarding health or dental insurance available to
the minor childrendeleted text begin. Each party shall keep the other partydeleted text endnew text begin;
new text end

new text begin (3)new text endnew text begin right to be new text end informednew text begin by the other partynew text end as to the name and address of the school
of attendance of the minor childrendeleted text begin. Each party has thedeleted text endnew text begin;
new text end

new text begin (4) new text end right to be informed by school officials about the children's welfare, educational
progress and status, and to attend school and parent-teacher conferences. The school is not
required to hold a separate conference for each partydeleted text begin. In case of an accident or serious
illness of a minor child, each party shall notify
deleted text endnew text begin;
new text end

new text begin (5) right to be notified bynew text end the other party of deleted text beginthedeleted text endnew text begin annew text end accident ornew text begin seriousnew text end illnessnew text begin of a
minor child
new text end, deleted text beginanddeleted text endnew text begin includingnew text end the name of the health care provider and the place of treatmentdeleted text begin.
Each party has the
deleted text endnew text begin;
new text end

new text begin (6) right to be notified by the other party if the minor child is the victim of an alleged
crime, including the name of the investigating law enforcement officer or agency. There is
no duty to notify if the party to be notified is the alleged perpetrator; and
new text end

new text begin (7)new text end right to reasonable access and telephone contact with the minor children.

new text begin (c) new text end The court may waive any of the rights under this section if it finds it is necessary
to protect the welfare of a party or child.

new text begin (d) If a court order or law prohibits contact by a party, notification required under
paragraph (b), clauses (1), (2), (3), (5), and (6), shall not be by direct communication of
the parties. Third-party communication shall be limited to the specific purposes delineated
in this subdivision. Nothing in this subdivision shall modify, suspend, revoke, or terminate
a court order or law that prohibits contact by a party.
new text end

new text begin (e) If one of the parties is a program participant under chapter 5B, the other party
shall send all information and notifications required under paragraph (b), clauses (1),
(2), (3), (5), and (6), to the participant's designated address. The program participant is
exempted from the requirements of paragraph (b).
new text end

new text begin (f) Failure to notify or inform a party of rights under paragraph (b) does not form
a basis for modification under section 518.18, paragraph (d), clause (iv), unless other
grounds are alleged which would support a modification.
new text end

Sec. 2.

Minnesota Statutes 2010, section 626.556, subdivision 10a, is amended to read:

Subd. 10a.

Law enforcement agency responsibility for investigation; welfare
agency reliance on law enforcement fact-finding; welfare agency offer of services.

(a) If the report alleges neglect, physical abuse, or sexual abuse by a person who is not a
parent, guardian, sibling, person responsible for the child's care functioning within the
family unit, or a person who lives in the child's household and who has a significant
relationship to the child, in a setting other than a facility as defined in subdivision 2, the
local welfare agency shall immediately notify the appropriate law enforcement agency,
which shall conduct an investigation of the alleged abuse or neglect if a violation of a
criminal statute is alleged.

(b) The local agency may rely on the fact-finding efforts of the law enforcement
investigation conducted under this subdivision to make a determination whether or not
threatened injury or other maltreatment has occurred under subdivision 2 if an alleged
offender has minor children or lives with minors.

(c)new text begin If a child is the victim of an alleged crime under paragraph (a), the law
enforcement agency shall immediately notify
new text end the local welfare agencynew text begin, whichnew text end shall offer
appropriate social services for the purpose of safeguarding and enhancing the welfare of
the abused or neglected minor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012.
new text end