Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 573-H.F.No. 1386 
           An act relating to children; authorizing intervention 
          by the juvenile court to protect children from abuse 
          committed by family or household members; providing 
          for prosecution by the county attorney of certain 
          gross misdemeanors; prohibiting public inspection of 
          certain court records relating to the identity of 
          criminal sexual conduct victims; clarifying a term in 
          the child abuse reporting law; amending Minnesota 
          Statutes 1982, sections 260.015, by adding 
          subdivisions; 260.111, by adding a subdivision; 
          260.191, by adding subdivisions; and Minnesota 
          Statutes 1983 Supplement, sections 388.051, 
          subdivision 2; and 626.556, subdivision 2; proposing 
          new law coded in Minnesota Statutes, chapters 260 and 
          609. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 260.015, is 
amended by adding a subdivision to read: 
    Subd. 24.  [DOMESTIC CHILD ABUSE.] "Domestic child abuse" 
means:  
    (1) any physical injury to a minor family or household 
member inflicted by an adult family or household member other 
than by accidental means; or 
    (2) subjection of a minor family or household member by an 
adult family or household member to any act which constitutes a 
violation of sections 609.321 to 609.324, 609.342, 609.343, 
609.344, 609.345, 609.364 to 609.3644, or 617.246.  
    Sec. 2.  Minnesota Statutes 1982, section 260.015, is 
amended by adding a subdivision to read:  
    Subd. 25.  [FAMILY OR HOUSEHOLD MEMBERS.] "Family or 
household members" means spouses, former spouses, parents and 
children, persons related by blood, and persons who are 
presently residing together or who have resided together in the 
past, and persons who have a child in common regardless of 
whether they have been married or have lived together at any 
time.  
    Sec. 3.  Minnesota Statutes 1982, section 260.111, is 
amended by adding a subdivision to read:  
    Subd. 3.  [JURISDICTION OVER MATTERS RELATING TO DOMESTIC 
CHILD ABUSE.] The juvenile court has jurisdiction in proceedings 
concerning any alleged acts of domestic child abuse.  In a 
jurisdiction which utilizes referees in dependency and neglect 
actions, the court or judge may refer actions under this 
subdivision to a referee to take and report the evidence in the 
action.  If the respondent does not appear after service is duly 
made and proved, the court may hear and determine the proceeding 
as a default matter.  Proceedings under this subdivision shall 
be given docket priority by the court. 
    Sec. 4.  [260.133] [PROCEDURE; DOMESTIC CHILD ABUSE.] 
     Subdivision 1.  [PETITION.] The local welfare agency may 
bring an emergency petition on behalf of minor family or 
household members seeking relief from acts of domestic child 
abuse.  The petition shall allege the existence of or immediate 
and present danger of domestic child abuse, and shall be 
accompanied by an affidavit made under oath stating the specific 
facts and circumstances from which relief is sought.  
    Subd. 2.  [TEMPORARY ORDER.] If it appears from the 
notarized petition or by sworn affidavit that there are 
reasonable grounds to believe the child is in immediate and 
present danger of domestic child abuse, the court may grant an 
ex parte temporary order for protection, pending a full 
hearing.  The court may grant relief as it deems proper, 
including an order:  
    (1) restraining any party from committing acts of domestic 
child abuse; or 
    (2) excluding the alleged abusing party from the dwelling 
which the family or household members share or from the 
residence of the child.  
    However, no order excluding the alleged abusing party from 
the dwelling may be issued unless the court finds that:  
    (1) the order is in the best interests of the child or 
children remaining in the dwelling;  
    (2) a remaining adult family or household member is able to 
care adequately for the child or children in the absence of the 
excluded party; and 
    (3) the local welfare agency has developed a plan to 
provide appropriate social services to the remaining family or 
household members.  
    An ex parte temporary order for protection shall be 
effective for a fixed period not to exceed 14 days.  Within five 
days of the issuance of the temporary order, the petitioner 
shall file a dependency and neglect petition with the court 
pursuant to section 260.131, and the court shall give docket 
priority to the petition.  
     The court may renew the temporary order for protection one 
time for a fixed period not to exceed 14 days if a dependency 
and neglect petition has been filed with the court and if the 
court determines, upon informal review of the case file, that 
the renewal is appropriate. 
    Subd. 3.  [SERVICE AND EXECUTION OF ORDER.] Any order 
issued under this section or section 5 shall be served 
personally upon the respondent.  Where necessary, the court 
shall order the sheriff or constable to assist in service or 
execution of the order.  
    Subd. 4.  [MODIFICATION OF ORDER.] Upon application, notice 
to all parties, and hearing, the court may modify the terms of 
an existing order for protection issued under this section or 
section 5.  
    Subd. 5.  [RIGHT TO APPLY FOR RELIEF.] The local welfare 
agency's right to apply for relief on behalf of a child shall 
not be affected by the child's leaving the dwelling or household 
to avoid abuse.  
    Subd. 6.  [REAL ESTATE.] Nothing in this section or section 
5 shall affect the title to real estate.  
    Subd. 7.  [OTHER REMEDIES AVAILABLE.] Any relief ordered 
under this section or section 5 shall be in addition to other 
available civil or criminal remedies.  
    Subd. 8.  [COPY TO LAW ENFORCEMENT AGENCY.] An order for 
protection granted pursuant to this section or section 5 shall 
be forwarded by the clerk of court within 24 hours to the local 
law enforcement agency with jurisdiction over the residence of 
the child.  
    Each appropriate law enforcement agency shall make 
available to other law enforcement officers through a system of 
verification, information as to the existence and status of any 
order for protection issued pursuant to this section or section 
5.  
    Sec. 5.  Minnesota Statutes 1982, section 260.191, is 
amended by adding a subdivision to read: 
    Subd. 1b.  [DOMESTIC CHILD ABUSE.] If the court finds that 
the child is a victim of domestic child abuse, as defined in 
section 1, it may order any of the following dispositions of the 
case in addition to or as alternatives to the dispositions 
authorized under subdivision 1:  
    (1) restrain any party from committing acts of domestic 
child abuse;  
    (2) exclude the abusing party from the dwelling which the 
family or household members share or from the residence of the 
child;  
    (3) on the same basis as is provided in chapter 518, 
establish temporary visitation with regard to minor children of 
the adult family or household members;  
    (4) on the same basis as is provided in chapter 518, 
establish temporary support or maintenance for a period of 30 
days for minor children or a spouse;  
    (5) provide counseling or other social services for the 
family or household members; or 
    (6) order the abusing party to participate in treatment or 
counseling services.  
    Any relief granted by the order for protection shall be for 
a fixed period not to exceed one year.  
    However, no order excluding the abusing party from the 
dwelling may be issued unless the court finds that:  
    (1) the order is in the best interests of the child or 
children remaining in the dwelling;  
    (2) a remaining adult family or household member is able to 
care adequately for the child or children in the absence of the 
excluded party; and 
    (3) the local welfare agency has developed a plan to 
provide appropriate social services to the remaining family or 
household members.  
    Sec. 6.  Minnesota Statutes 1982, section 260.191, is 
amended by adding a subdivision to read:  
    Subd. 1c.  [SUPPORT ORDERS.] If the court issues an order 
for protection pursuant to section 5 excluding an abusing party 
from the dwelling who is the parent of a minor family or 
household member, it shall transfer the case file to the court 
which has jurisdiction over proceedings under chapter 518 for 
the purpose of establishing support or maintenance for minor 
children or a spouse, as provided in chapter 518, during the 
effective period of the order for protection.  The court to 
which the case file is transferred shall schedule and hold a 
hearing on the establishment of support or maintenance within 30 
days of the issuance of the order for protection.  After an 
order for support or maintenance has been granted or denied, the 
case file shall be returned to the juvenile court, and the order 
for support or maintenance, if any, shall be incorporated into 
the order for protection.  
    Sec. 7.  [260.271] [VIOLATION OF AN ORDER FOR PROTECTION.] 
    Subdivision 1.  [VIOLATION; PENALTY.] Whenever an order for 
protection is granted pursuant to section 4 or 5 restraining the 
person or excluding the person from the residence, and the 
respondent or person to be restrained knows of the order, 
violation of the order for protection is a misdemeanor.  
    Subd. 2.  [ARREST.] A peace officer shall arrest without a 
warrant and take into custody a person whom the peace officer 
has probable cause to believe has violated an order granted 
pursuant to section 4 or 5 restraining the person or excluding 
the person from the residence, if the existence of the order can 
be verified by the officer.  
    Subd. 3.  [CONTEMPT.] A violation of an order for 
protection shall also constitute contempt of court and the 
person violating the order shall be subject to the penalties for 
contempt.  
    Subd. 4.  [ORDER TO SHOW CAUSE.] Upon the filing of an 
affidavit by the agency or any peace officer, alleging that the 
respondent has violated an order for protection granted pursuant 
to section 4 or 5, the court may issue an order to the 
respondent, requiring the respondent to appear and show cause 
within 14 days why he should not be found in contempt of court. 
The hearing may be held by the court in any county in which the 
child or respondent temporarily or permanently resides at the 
time of the alleged violation.  
    A peace officer is not liable under section 609.43, clause 
(1), for failure to perform a duty required by subdivision 2 of 
this section.  
    Sec. 8.  Minnesota Statutes 1983 Supplement, section 
388.051, subdivision 2, is amended to read: 
    Subd. 2.  [SPECIAL PROVISION; GROSS MISDEMEANORS.] In 
Anoka, Carver, Dakota, Hennepin, Scott, and Washington counties, 
only the county attorney shall only prosecute gross misdemeanor 
violations of sections 290.53, subdivisions 4 and 8; 290.92, 
subdivision 15; 290A.11, subdivision 2; 297A.08; 297A.39, 
subdivisions 4 and 8; 297B.10; 609.255, subdivision 3; 609.377; 
609.378; and 609.41; and 617.247.  
    Sec. 9.  [609.3471] [RECORDS PERTAINING TO VICTIM IDENTITY 
CONFIDENTIAL.] 
    Notwithstanding any provision of law to the contrary, none 
of the records or reports relating to complaints or indictments 
issued pursuant to sections 609.342, clauses (a) or (b); 
609.343, clauses (a) or (b); 609.344, clauses (a) or (b); 
609.345, clauses (a) or (b); or 609.3641 to 609.3644, pertaining 
to the identity of the victim shall be open to public 
inspection, except by order of the court.  
    Sec. 10.  Minnesota Statutes 1983 Supplement, section 
626.556, subdivision 2, is amended to read: 
    Subd. 2.  [DEFINITIONS.] As used in this section, the 
following terms have the meanings given them unless the specific 
content indicates otherwise: 
    (a) "Sexual abuse" means the subjection by a person 
responsible for the child's care, or by a person in a position 
of authority, as defined in section 609.341, subdivision 10, to 
any act which constitutes a violation of sections 609.342, 
609.343, 609.344, or 609.345, or sections 609.364 to 609.3644.  
Sexual abuse also includes any act which involves a minor which 
constitutes a violation of sections 609.321 to 609.324 or 
617.246.  
    (b) "Person responsible for the child's care" means a 
parent, guardian, teacher, school administrator, or other lawful 
custodian of a child having either full-time or short-term care 
responsibilities including, but not limited to, day care, baby 
sitting whether paid or unpaid, counseling, teaching, and 
coaching.  
    (c) "Neglect" means failure by a person responsible for a 
child's care to supply a child with necessary food, clothing, 
shelter or medical care when reasonably able to do so or failure 
to protect a child from conditions or actions which imminently 
and seriously endanger the child's physical or mental health 
when reasonably able to do so.  Nothing in this section shall be 
construed to (i) mean that a child is neglected solely because 
the child's parent, guardian or other person responsible for his 
care in good faith selects and depends upon spiritual means or 
prayer for treatment or care of disease or remedial care of the 
child, or (ii) impose upon persons, not otherwise legally 
responsible for providing a child with necessary food, clothing, 
shelter or medical care, a duty to provide that care. 
    (d) "Physical abuse" means: 
    (i) Any physical injury inflicted by a person responsible 
for the child's care on a child other than by accidental means; 
or 
    (ii) Any physical injury that cannot reasonably be 
explained by the child's history of injuries. 
    (e) "Report" means any report received by the local welfare 
agency, police department or county sheriff pursuant to this 
section. 
    (f) "Facility" means a day care facility, residential 
facility, agency, hospital, sanitorium, or other facility or 
institution required to be licensed pursuant to sections 144.50 
to 144.58, 241.021, or 245.781 to 245.812.  
    (g) "Operator" means an operator or agency as defined in 
section 245.782.  
    (h) "Commissioner" means the commissioner of public welfare.
    Sec. 11.  [EFFECTIVE DATE.] 
    Sections 1 to 7 apply to acts of domestic child abuse 
committed on or after August 1, 1984.  Sections 8 to 10 are 
effective August 1, 1984.