Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 243--S.F.No. 1146
           An act relating to statutes; conforming certain laws 
          to judicial decisions of unconstitutionality; 
          correcting terms used to replace the word 
          illegitimate; amending Minnesota Statutes 1982, 
          sections 65B.51, subdivision 1; 154.03; 570.02, 
          subdivision 2; and 573.01; and Laws 1983, chapter 7, 
          sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 12, 13, 14, and 15.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 65B.51, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DEDUCTION OF BASIC ECONOMIC LOSS 
BENEFITS.] With respect to a cause of action in negligence 
accruing as a result of injury arising out of the operation, 
ownership, maintenance or use of a motor vehicle with respect to 
which security has been provided as required by sections 65B.41 
to 65B.71, there shall be deducted from any recovery the value 
of basic or optional economic loss benefits paid or payable or 
which will be payable in the future, or which would be payable 
but for any applicable deductible. 
    Sec. 2.  Minnesota Statutes 1982, section 154.03, is 
amended to read: 
    154.03 [APPRENTICES MAY BE EMPLOYED.] 
    No registered apprentice may independently practice 
barbering, but he may as an apprentice do any or all of the acts 
constituting the practice of barbering under the immediate 
personal supervision of a registered barber.  Not more than two 
apprentices may be employed in any barber shop and each such 
apprentice must be under the immediate personal supervision of a 
separate registered barber.  
    Sec. 3.  Minnesota Statutes 1982, section 570.02, 
subdivision 2, is amended to read:  
    Subd. 2.  [GROUNDS.] (a) A writ of attachment which serves 
to acquire quasi in rem jurisdiction over a defendant may be 
issued in the following situations:  
    (1) When the defendant's property, present within the 
state, is the subject of or directly related to the controversy 
between the parties; or 
    (2) When a nonresident or foreign corporation owns or has 
an interest in tangible property which is permanently or 
regularly present within the state; or 
    (3) When a resident, domiciliary, or domestic corporation 
owns or has an interest in tangible property which is present, 
no matter how irregularly, within the state; or 
    (4) When a person, resident or nonresident, or a 
corporation, domestic or foreign, owns or has an interest in any 
kind of property, tangible or intangible, which is present 
within the state, and no more convenient forum exists in the 
United States; or 
    (5) When a person, resident or nonresident, or corporation, 
domestic or foreign, owning or having an interest in any kind of 
property, tangible or intangible, which is present within the 
state, would be subject to in personam jurisdiction under the 
due process clause, even though the state jurisdictional 
statutes do not so provide it.  
    (b) An order of attachment which serves only to secure 
property and not to acquire jurisdiction over the defendant may 
be issued in the following situations:  
    (1) When a person, resident or nonresident, a corporation, 
domestic or foreign, owns or has any interest in any kind of 
property, tangible or intangible, which is present within the 
state and may be applied to the satisfaction of a valid in 
personam judgment against the defendant; or 
    (2) When a valid in personam action has been instituted and 
a person, resident or nonresident, or corporation, domestic or 
foreign, owns or has an interest in any kind of property, 
tangible or intangible, which is present within the state and 
may be applied to the satisfaction of a valid in personam 
judgment, when rendered, against the defendant, if the court, 
after notice and opportunity for hearing, determines:  
    (i) That person or corporation with intent to defraud or 
delay his creditors has removed or is about to remove property 
from this state; or 
    (ii) That person or corporation has assigned, disposed of, 
or secreted or is about to assign, dispose of, or secrete, 
property with intent to defraud or delay his creditors.  
    Sec. 4.  Minnesota Statutes 1982, section 573.01, is 
amended to read: 
    573.01 [SURVIVAL OF CAUSES.] 
    A cause of action arising out of an injury to the person 
dies with the person of the party in whose favor it exists, 
except as provided in section 573.02.  It also dies with the 
person against whom it exists, except a cause of action arising 
out of bodily injuries or death caused by the negligence of a 
decedent or based upon strict liability, statutory liability or 
breach of warranty of a decedent, survives against his personal 
representatives.  All other causes of action by one against 
another, whether arising on contract or not, survive to the 
personal representatives of the former and against those of the 
latter.  
    Sec. 5.  [CORRECTION TO THE TERMINOLOGY REPLACING 
"ILLEGITIMATE" AND SIMILAR PHRASES.] 
    Subdivision 1.  Laws 1983, chapter 7, section 1, is amended 
to read: 
    Subd. 6.  [PARENT.] "Parent" means (a) one of the pupil's 
parents, or (b) in the case of divorce or legal separation, or 
if the child's mother was not married to the child's father when 
the child was conceived and nor when the child was born, the 
custodial parent. 
    Subd. 2.  Laws 1983, chapter 7, section 2, is amended to 
read: 
    Subd. 2.  [INFORMATION ABOUT CERTAIN BIRTHS.] Disclosure of 
information pertaining to the birth of a child to a woman who 
was not married to the child's father when the child was 
conceived and nor when the child was born or information from 
which it can be ascertained, shall be made only to the guardian 
of the person, the person to whom the record pertains when the 
person is 18 years of age or older, a parent of the person born 
to a mother who was not married to the child's father when the 
child was conceived and nor when the child was born as provided 
by section 144.218, subdivision 1, or upon order of a court of 
competent jurisdiction.  The birth and death records of the 
commissioner of health shall be open to inspection by the 
commissioner of public welfare and it shall not be necessary for 
him to obtain an order of the court in order to inspect records 
or to secure certified copies of them.  
    Subd. 3.  Laws 1983, chapter 7, section 3, is amended to 
read: 
    Subd. 2.  [SPECIFIC POWERS.] Subject to the provisions of 
section 241.021, subdivision 2, the commissioner of public 
welfare shall: 
    (1) Administer and supervise all forms of public assistance 
provided for by state law and other welfare activities or 
services as are vested in the commissioner. 
    (2) Administer and supervise all child welfare activities; 
promote the enforcement of laws protecting handicapped, 
dependent, neglected and delinquent children, and children born 
to mothers who were not married to the children's fathers at the 
times of the conception and nor at the births of the children; 
license and supervise child-caring and child-placing agencies 
and institutions; supervise the care of children in boarding and 
foster homes or in private institutions; and generally perform 
all functions relating to the field of child welfare now vested 
in the state board of control. 
    (3) Administer and supervise all non-institutional service 
to handicapped persons.  The commissioner may provide and 
contract for the care and treatment of qualified indigent 
children in facilities other than those located and available at 
state hospitals when it is not feasible to provide the service 
in state hospitals. 
    (4) Assist and actively cooperate with other departments, 
agencies and institutions, local, state, and federal, by 
performing services in conformity with the purposes of Laws 
1939, Chapter 431. 
    (5) Act as the agent of and cooperate with the federal 
government in matters of mutual concern relative to and in 
conformity with the provisions of Laws 1939, Chapter 431, 
including the administration of any federal funds granted to the 
state to aid in the performance of any functions of the 
commissioner as specified in Laws 1939, Chapter 431, and 
including the promulgation of rules making uniformly available 
medical care benefits to all recipients of public assistance, at 
such times as the federal government increases its participation 
in assistance expenditures for medical care to recipients of 
public assistance, the cost thereof to be borne in the same 
proportion as are grants of aid to said recipients. 
    (6) Establish and maintain any administrative units 
reasonably necessary for the performance of administrative 
functions common to all divisions of the department. 
    (7) Administer and supervise any additional welfare 
activities and services as are vested by law in the state 
department. 
    (8) The commissioner is designated as guardian of both the 
estate and the person of all the wards of the state of 
Minnesota, whether by operation of law or by an order of court, 
without any further act or proceeding whatever, except as to 
persons committed as mentally retarded or epileptic.  
    (9) Act as coordinating referral and informational center 
on requests for service for newly arrived immigrants coming to 
Minnesota. 
    (10) The specific enumeration of powers and duties as 
hereinabove set forth shall in no way be construed to be a 
limitation upon the general transfer of powers herein contained. 
    (11) Establish county, regional, or state-wide schedules of 
maximum fees and charges which may be paid by local agencies for 
medical, dental, surgical, hospital, nursing and nursing home 
care and medicine and medical supplies under all programs of 
medical care provided by the state and for congregate living 
care under the income maintenance programs. 
    (12) Have the authority to conduct and administer 
experimental projects to test methods and procedures of 
administering assistance and services to recipients or potential 
recipients of public welfare.  To carry out such experimental 
projects, it is further provided that the commissioner of public 
welfare is authorized to waive the enforcement of existing 
specific statutory program requirements, regulations, and 
standards in one or more counties.  The order establishing the 
waiver shall provide alternative methods and procedures of 
administration, shall not be in conflict with the basic 
purposes, coverage, or benefits provided by law, and in no event 
shall the duration of a project exceed two years.  It is further 
provided that no order establishing an experimental project as 
authorized by the provisions of this section shall become 
effective until the following conditions have been met: 
    (a) The proposed comprehensive plan including estimated 
project costs and the proposed order establishing the waiver 
shall be filed with the secretary of the senate and chief clerk 
of the house of representatives at least 60 days prior to its 
effective date. 
    (b) The secretary of health, education, and welfare of the 
United States has agreed, for the same project, to waive state 
plan requirements relative to state-wide uniformity. 
    (c) A comprehensive plan, including estimated project 
costs, shall be approved by the legislative advisory commission 
and filed with the commissioner of administration.  
    (13) In accordance with federal requirements establish 
procedures to be followed by local welfare boards in creating 
citizen advisory committees, including procedures for selection 
of committee members. 
    (14) Promulgate, by rule, standards of administration to be 
applied by local welfare boards administering state and county 
financed programs of medical assistance pursuant to chapter 
256B, general relief medical care pursuant to section 256D.02, 
subdivision 4 and medical, hospital, and surgical care for 
persons eligible for general assistance pursuant to chapter 
256D, or for indigent persons whose costs of hospitalization are 
paid pursuant to sections 261.21 to 261.232.  The rules shall 
specify a uniform standard of performance and a tolerated error 
rate, but shall not specify the minimum number of personnel to 
be employed by a local agency if the agency operates at the 
specified standard of performance or at or below the tolerated 
error rate.  The commissioner may deduct from the earned 
administrative reimbursements of a county a penalty for the 
county's failure to comply with the standards of 
administration.  The penalty shall be fixed by the commissioner 
as a percentage of the overexpenditure caused by improper 
administration, beyond an initial tolerated amount of 
overexpenditure.  In the event that fiscal sanctions are imposed 
by the federal government because of improper administration of 
the programs, one half of the amount of the sanctions 
attributable to local agency performance shall be deducted from 
administrative reimbursement otherwise due the county. 
    Subd. 4.  Laws 1983, chapter 7, section 4, is amended to 
read: 
    256.88 [SOCIAL WELFARE FUND ESTABLISHED.] 
    Except as otherwise expressly provided, all moneys and 
funds held by the commissioner of public welfare and the county 
welfare boards of the several counties in trust or for the 
benefit of handicapped, dependent, neglected, and delinquent 
children, children born to mothers who were not married to the 
children's fathers at the times of the conception and nor at the 
births of the children, persons determined to be mentally 
retarded, mentally ill or chemically dependent, or other wards 
or beneficiaries, under any law, shall be kept in a single fund 
to be known as the "social welfare fund" which shall be 
deposited at interest, held, or disbursed as provided in 
sections 256.89 to 256.92.  
    Subd. 5.  Laws 1983, chapter 7, section 5, is amended to 
read: 
    256.91 [PURPOSES.] 
    From that part of the social welfare fund held in the state 
treasury subject to disbursement as provided in section 256.90 
the commissioner of public welfare at any time may pay out such 
amounts as he deems proper for the support, maintenance, or 
other legal benefit of any of the handicapped, dependent, 
neglected, and delinquent children, children born to mothers who 
were not married to the children's fathers at the times of the 
conception and nor at the births of the children, persons found 
to be mentally retarded, chemically dependent or mentally ill, 
or other wards or persons entitled thereto, not exceeding in the 
aggregate to or for any person the principal amount previously 
received for the benefit of the person, together with the 
increase in it from an equitable apportionment of interest 
realized from the social welfare fund. 
    When any such person dies or is finally discharged from the 
guardianship, care, custody, and control of the commissioner of 
public welfare, the amount then remaining subject to use for the 
benefit of the person shall be paid as soon as may be from the 
social welfare fund to the persons thereto entitled by law.  
    Subd. 6.  Laws 1983, chapter 7, section 6, is amended to 
read: 
    Subdivision 1.  [LIMITATIONS.] In any case where the 
guardianship of the person of any handicapped, dependent, 
neglected or delinquent child, or a child born to a mother who 
was not married to the child's father when the child was 
conceived and nor when the child was born, has been committed to 
the commissioner of public welfare, and in any case where the 
guardianship or conservatorship of the person of any mentally 
retarded or epileptic person has been committed to the 
commissioner of public welfare, the probate court having 
jurisdiction of the estate may on such notice as the court may 
direct, authorize the commissioner to take possession of the 
personal property in the estate, liquidate it, and hold the 
proceeds in trust for the ward, to be invested, expended and 
accounted for as provided by sections 256.88 to 256.92.  
    Subd. 7.  Laws 1983, chapter 7, section 7, is amended to 
read: 
    Subdivision 1.  [ACKNOWLEDGMENT BY PARENTS.] The mother and 
father of a child born to a mother who was not married to the 
child's father when the child was conceived and nor when the 
child was born may, in a writing signed by both of them before a 
notary public, declare and acknowledge under oath that they are 
the biological parents of the child.  The declaration may 
provide that any such child born to the mother at any time 
before or up to ten months after the date of execution of the 
declaration is the biological child of the signatories.  
Execution of the declaration shall: 
    (a) Have the same consequences as an acknowledgement by the 
signatories of parentage of the child for the purposes of 
sections 62A.041 and 62C.14, subdivision 5a; 
    (b) Be conclusive evidence that the signatories are parents 
of the child for the purposes of sections 176.111 and 197.09 to 
197.11; 
    (c) Have the same consequences as an acknowledgement by the 
father of paternity of the child for the purposes of sections 
257.57 and 257.66; 
    (d) When timely filed with the division of vital statistics 
of the Minnesota department of health as provided in section 
259.261, qualify as an affidavit stating the intention of the 
signatories to retain parental rights as provided in section 
259.261 if it contains the information required by section 
259.261 or rules promulgated thereunder; 
    (e) Have the same consequences as a writing declaring 
paternity of the child for the purposes of section 525.172; and 
    (f) Be conclusive evidence that the signatories are parents 
of the child for the purposes of chapter 573. 
    Subd. 8.  Laws 1983, chapter 7, section 8, is amended to 
read: 
    260.221 [GROUNDS FOR TERMINATION OF PARENTAL RIGHTS.] 
    The juvenile court may, upon petition, terminate all rights 
of a parent to a child in the following cases: 
    (a) With the written consent of a parent who for good cause 
desires to terminate his parental rights; or 
    (b) If it finds that one or more of the following 
conditions exist: 
    (1) That the parent has abandoned the child; or 
    (2) That the parent has substantially, continuously, or 
repeatedly refused or neglected to comply with the duties 
imposed upon that parent by the parent and child relationship, 
including but not limited to providing the child with necessary 
food, clothing, shelter, education, and other care and control 
necessary for the child's physical, mental or emotional health 
and development, if the parent is physically and financially 
able; or 
    (3) That a parent has been ordered to contribute to the 
support of the child or financially aid in the child's birth and 
has continuously failed to do so without good cause.  This 
clause shall not be construed to state a grounds for termination 
of parental rights of a noncustodial parent if that parent has 
not been ordered to or cannot financially contribute to the 
support of the child or aid in the child's birth; or 
    (4) That a parent is palpably unfit to be a party to the 
parent and child relationship because of a consistent pattern of 
specific conduct before the child or of specific conditions 
directly relating to the parent and child relationship either of 
which are determined by the court to be permanently detrimental 
to the physical or mental health of the child; or 
    (5) That following upon a determination of neglect or 
dependency, reasonable efforts, under the direction of the 
court, have failed to correct the conditions leading to the 
determination; or 
    (6) That in the case of a child born to a mother who was 
not married to the child's father when the child was conceived 
and nor when the child was born the person is not entitled to 
notice of an adoption hearing under section 259.26 and either 
the person has not filed a notice of his intention to retain 
parental rights under section 259.261 or that the notice has 
been successfully challenged; or 
    (7) That the child is neglected and in foster care.  
    Subd. 9.  Laws 1983, chapter 7, section 9, is amended to 
read: 
    Subdivision 1.  [PUBLIC CHILD WELFARE PROGRAM.] a. To 
assist in carrying out the child protection, delinquency 
prevention and family assistance responsibilities of the state, 
the county welfare board shall administer a program of social 
services and financial assistance to be known as the public 
child welfare program.  The public child welfare program shall 
be supervised by the commissioner of public welfare and 
administered by the county welfare board in accordance with law 
and with rules of the commissioner. 
    b.  The purpose of the public child welfare program is to 
assure protection for and financial assistance to children who 
are confronted with social, physical, or emotional problems 
requiring protection and assistance.  These problems include, 
but are not limited to the following: 
    (1) Mental, emotional, or physical handicap; 
    (2) Birth of a child to a mother who was not married to the 
child's father when the child was conceived and nor when the 
child was born, including but not limited to costs of prenatal 
care, confinement and other care necessary for the protection of 
a child born to a mother who was not married to the child's 
father at the time of the child's conception and nor at the 
birth; 
    (3) Dependency, neglect; 
    (4) Delinquency; 
    (5) Abuse or rejection of a child by its parents; 
    (6) Absence of a parent or guardian able and willing to 
provide needed care and supervision; 
    (7) Need of parents for assistance with child rearing 
problems, or in placing the child in foster care. 
    c.  A county welfare board shall make the services of its 
public child welfare program available as required by law, by 
the commissioner, or by the courts and shall cooperate with 
other agencies, public or private, dealing with the problems of 
children and their parents as provided in this subdivision. 
    The public child welfare program shall be available in 
divorce cases for investigations of children and home conditions 
and for supervision of children when directed by the court 
hearing the divorce. 
    d.  A county welfare board may rent, lease, or purchase 
property, or in any other way approved by the commissioner, 
contract with individuals or agencies to provide needed 
facilities for foster care of children.  It may purchase 
services or child care from duly authorized individuals, 
agencies or institutions when in its judgment the needs of a 
child or his family can best be met in this way. 
    Subd. 10.  Laws 1983, chapter 7, section 12, is amended to 
read: 
    Subdivision 1.  [JURISDICTION.] The county court shall have 
concurrent jurisdiction in the following cases: 
    (a) Proceedings for the administration of trust estates or 
actions relating thereto; 
    (b) Proceedings for divorce, annulment, and legal 
separation, and actions related thereto, as prescribed by 
chapter 518; 
    (c) Proceedings under the reciprocal enforcement of support 
act, chapter 518C; 
    (d) Proceedings for adoption and change of name under 
chapter 259; 
    (e) Proceedings to quiet title to real estate and real 
estate mortgage foreclosures by action; and 
    (f) Proceedings for the determination of paternity of and 
establishment and enforcement of child support payments for a 
child born to a mother who was not married to the child's father 
when the child was conceived and nor when the child was born. 
    Subd. 11.  Laws 1983, chapter 7, section 13, is amended to 
read: 
    525.172 [ CERTAIN CHILDREN AS HEIRS.] 
    A child born to a mother who was not married to the child's 
father when the child was conceived and nor when the child was 
born shall inherit from his mother the same as if the child was 
conceived and or born to her while she was married, and also 
from the person who in writing and before a competent witness 
shall have declared himself to be his father, provided such 
writing or an authenticated copy thereof shall be produced in 
the proceeding in which it is asserted or from the person who 
has been determined to be the father of such child in a 
paternity proceeding before a court of competent jurisdiction; 
but such child shall not inherit from the kindred of the father 
by right of representation. 
    Subd. 12.  Laws 1983, chapter 7, section 14, is amended to 
read: 
    525.173 [HEIRS TO CERTAIN CHILDREN.] 
    If any child born to a mother who was not married to the 
child's father when the child was conceived and nor when the 
child was born dies intestate and without spouse or issue who 
inherit under the law, his estate shall descend to his mother, 
or in case of her prior decease to her heirs other than such 
child.  
    Subd. 13.  Laws 1983, chapter 7, section 15, is amended to 
read: 
    609.37 [DEFINITION.] 
    As used in section 609.375, "child" means a child under the 
age of 16 years who is in necessitous circumstances and includes 
a child born to a mother who was not married to the child's 
father when the child was conceived and nor when the child was 
born if the child's paternity has been duly established.  
    Sec. 6.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment. 
    Approved June 1, 1983