Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                          CHAPTER 7--S.F.No. 71
           An act relating to children; changing obsolete 
          references to certain children; amending Minnesota 
          Statutes 1982, sections 127.27, subdivision 6; 
          144.225, subdivision 2; 256.01, subdivision 2; 256.88; 
          256.91; 256.93; 257.34, subdivision 1; 260.221; 
          393.07, subdivision 1; 423.387, subdivision 2; 423.58, 
          subdivision 2; 487.19, subdivision 1; 525.172; 
          525.173; 609.37; and 617.22. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 127.27, 
subdivision 6, 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 
illegitimacy if the child's mother was not married to the 
child's father when the child was conceived and when the child 
was born, the custodial parent. 
     Sec. 2.  Minnesota Statutes 1982, section 144.225, 
subdivision 2, is amended to read: 
    Subd. 2.  [INFORMATION ABOUT CERTAIN BIRTHS.] Disclosure of 
information pertaining to births out of wedlock the birth of a 
child to a woman who was not married to the child's father when 
the child was conceived and 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 out of wedlock to a mother who was not 
married to the child's father when the child was conceived and 
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 thereof of them.  
     Sec. 3.  Minnesota Statutes 1982, section 256.01, 
subdivision 2, 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 may from time to time be are vested in the 
commissioner. 
    (2) Administer and supervise all child welfare activities; 
promote the enforcement of laws protecting defective 
handicapped, illegitimate, 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 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, including the blind, the deaf, the 
tuberculous, the crippled, and otherwise handicapped persons.  
The authority and power conferred by this subdivision shall 
include the authority and power to 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 may, from time to time, hereafter be 
are vested by law in the state department. 
    (8) The commissioner is hereby specifically constituted 
designated as guardian of both the estate and the person of all 
the wards of the state of Minnesota and other persons the 
guardianship of whom has been heretofore vested in the state 
board of control, 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.  All of 
said guardianships, and the funds and property of the same, are 
hereby transferred to and vested in said commissioner, and said 
commissioner is hereby constituted a legal entity and is hereby 
empowered to act as guardian under any laws of this state 
heretofore conferring such powers upon the state board of 
control.  
    (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. 
     Sec. 4.  Minnesota Statutes 1982, section 256.88, is 
amended to read: 
    256.88 [SOCIAL WELFARE FUND ESTABLISHED.] 
    Except as hereinafter otherwise expressly provided 
otherwise, all moneys and funds now or hereafter held by the 
commissioner of public welfare and the county welfare boards of 
the several counties in trust or for the benefit of defective, 
illegitimate handicapped, dependent, neglected, and delinquent 
children or, children born to mothers who were not married to 
the children's fathers at the times of the conception and births 
of the children, persons feebleminded, inebriate, or insane 
determined to be mentally retarded, mentally ill or chemically 
dependent, or other wards or beneficiaries, under any law now or 
hereafter in force, shall be and the same hereby are constituted 
and made into 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.  
     Sec. 5.  Minnesota Statutes 1982, section 256.91, 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 defective handicapped, 
illegitimate, dependent, neglected, and delinquent children, or 
children born to mothers who were not married to the children's 
fathers at the times of the conception and births of the 
children, persons feebleminded, inebriate, or insane 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 thereof 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 such the person shall be paid as soon as may be from 
the social welfare fund to the persons thereto entitled by law.  
     Sec. 6.  Minnesota Statutes 1982, section 256.93, 
subdivision 1, is amended to read: 
    Subdivision 1.  [LIMITATIONS.] In any case where the 
guardianship of the person of any defective handicapped, 
illegitimate, 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 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 such the estate may on such notice as the court 
may direct, authorize such the commissioner to take possession 
of the personal property in such the estate, liquidate the same 
it, and hold the proceeds thereof in trust for such the ward, to 
be invested, expended and accounted for as provided by sections 
256.88 to 256.92.  
    Sec. 7.  Minnesota Statutes 1982, section 257.34, 
subdivision 1, is amended to read:  
    Subdivision 1.  [ACKNOWLEDGMENT BY PARENTS.] The mother and 
father of an out of wedlock a child born to a mother who was not 
married to the child's father when the child was conceived and 
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 out of wedlock 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. 
    Sec. 8.  Minnesota Statutes 1982, section 260.221, 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 an illegitimate a child born to a 
mother who was not married to the child's father when the child 
was conceived and 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 such the 
notice has been successfully challenged; or 
    (7) That the child is neglected and in foster care.  
     Sec. 9.  Minnesota Statutes 1982, section 393.07, 
subdivision 1, 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 and regulations 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 such protection and assistance.  These problems 
include, but are not limited to the following: 
    (1) Mental, emotional, or physical handicap; 
    (2) Illegitimacy Birth of a child to a mother who was not 
married to the child's father when the child was conceived and 
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 who will be illegitimate when born to a 
mother who was not married to the child's father at the time of 
the child's conception and 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. 
     Sec. 10.  Minnesota Statutes 1982, section 423.387, 
subdivision 2, is amended to read: 
    Subd. 2.  [DEFINITIONS.] (a) "Surviving spouse" means a 
person who became the member's legally married spouse during or 
prior to the time the member was on the payroll of any such 
police department as a police officer, and remained such 
continuously after their marriage until the member's death, 
without having been granted a marriage dissolution or legal 
separation, and who, in case the deceased member was a service 
or deferred pensioner, was legally married to the member before 
the member's retirement from the police department; and who, in 
any case, was residing with the member at the time of the 
member's death.  No temporary absence for purposes of business, 
health or pleasure shall constitute a change of residence for 
purposes of this clause. 
    (b) "Surviving child" means any child born the issue of the 
lawful wedlock marriage of a service, disability or deferred 
pensioner or of a deceased active member.  
     Sec. 11.  Minnesota Statutes 1982, section 423.58, 
subdivision 2, is amended to read: 
    Subd. 2.  [DEFINITIONS.] (a) "Surviving spouse" means a 
person who became the member's legally married spouse during or 
prior to the time the member was on the payroll of any such 
police department as a police officer, and remained such 
continuously after their marriage until the member's death, 
without having been granted a marriage dissolution or legal 
separation, and who, in case the deceased member was a service 
or deferred pensioner, was legally married to the member before 
the member's retirement from the police department; and who, in 
any case, was residing with the member at the time of the 
member's death.  No temporary absence for purposes of business, 
health or pleasure shall constitute a change of residence for 
purposes of this clause. 
    (b) "Surviving child" means any child born the issue of the 
lawful wedlock marriage of a service, disability or deferred 
pensioner, or of a deceased active member.  
     Sec. 12.  Minnesota Statutes 1982, section 487.19, 
subdivision 1, 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, sections 518.41 to 518.53 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 an 
illegitimate a child born to a mother who was not married to the 
child's father when the child was conceived and when the child 
was born. 
     Sec. 13.  Minnesota Statutes 1982, section 525.172, is 
amended to read: 
    525.172 [ILLEGITIMATE CERTAIN CHILDREN AS HEIR HEIRS.] 
    An illegitimate A child born to a mother who was not 
married to the child's father when the child was conceived and 
when the child was born shall inherit from his mother the same 
as if the child was conceived and born in lawful wedlock 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. 
     Sec. 14.  Minnesota Statutes 1982, section 525.173, is 
amended to read: 
    525.173 [HEIRS TO ILLEGITIMATE CERTAIN CHILDREN.] 
    If any illegitimate child born to a mother who was not 
married to the child's father when the child was conceived and 
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.  
    Sec. 15.  Minnesota Statutes 1982, section 609.37, 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 
such a child born out of wedlock whose to a mother who was not 
married to the child's father when the child was conceived and 
when the child was born if the child's paternity has been duly 
established.  
     Sec. 16.  Minnesota Statutes 1982, section 617.22, is 
amended to read: 
    617.22 [CONCEALING BIRTH.] 
    Every person who shall endeavor to conceal the birth of a 
child by any disposition of its dead body, whether the child 
died before or after its birth, shall be guilty of a misdemeanor 
; and.  Every woman person who, having been convicted of 
endeavoring to conceal the still-birth of any issue of her body, 
which if born alive would be illegitimate, or the death of such 
any issue under the age of two years, shall, subsequent to such 
that conviction, endeavor to conceal any such subsequent birth 
or death, shall be punished by imprisonment in the Minnesota 
correctional facility-Stillwater for not more than five years. 
    Approved March 4, 1983