Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 484-H.F.No. 1347
           An act relating to crimes; prohibiting a person from 
          depriving another of parental, custodial, or 
          visitation rights; imposing penalties; providing for 
          notification in custody or visitation orders of the 
          deprivation of parental rights laws; requiring 
          violations of the parental rights law to be reported 
          under the child abuse reporting law; imposing a 
          penalty; amending Minnesota Statutes 1982, sections 
          609.26; and 626.556, by adding a subdivision; 
          proposing new law coded in Minnesota Statutes, chapter 
          518. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [518.177] [NOTIFICATION REGARDING DEPRIVATION 
OF PARENTAL RIGHTS LAW.] 
    Every court order and judgment and decree concerning 
custody of or visitation with a minor child shall restate the 
provisions of section 609.26.  
    Sec. 2.  Minnesota Statutes 1982, section 609.26, is 
amended to read: 
    609.26 [OBTAINING OR RETAINING A CHILD DEPRIVING ANOTHER OF 
CUSTODIAL OR PARENTAL RIGHTS.] 
    Subdivision 1.  Whoever intentionally takes, detains or 
fails to return does any of the following acts may be charged 
with a felony and, upon conviction, may be sentenced as provided 
in subdivision 6:  
    (1) conceals his own a minor child under the age of 18 
years in violation of an existing court order which grants 
another person rights of custody may be sentenced as provided in 
subdivision 5 from the child's parent or other person having the 
right to visitation or custody, where the action manifests an 
intent substantially to deprive that parent or other person of 
his rights to visitation or custody;  
    (2) takes, obtains, retains, or fails to return a minor 
child in violation of a court order which has transferred legal 
custody under chapter 260 to the commissioner of public welfare, 
a child placing agency, or the county welfare board;  
    (3) takes, obtains, retains, or fails to return a minor 
child from or to the parent or other person having the right to 
visitation or custody under a court order, where the action 
manifests an intent substantially to deprive that parent or 
other person having the right to visitation or custody of his 
rights to visitation or custody; or 
    (4) takes, obtains, retains, or fails to return a minor 
child from or to a parent or other person having the right to 
visitation or custody after commencement of an action relating 
to child visitation or custody but prior to the issuance of an 
order determining custody or visitation rights, where the action 
manifests an intent substantially to deprive that parent or 
other person having the right to visitation or custody of his 
rights to visitation or custody. 
    Subd. 2.  [DEFENSES.] Whoever detains or fails to return a 
child under the age of 18 years knowing that the physical 
custody of the child has been obtained or retained by another in 
violation of subdivision 1 may be sentenced as provided in 
subdivision 5.  No person violates subdivision 1 if the action:  
    (1) is taken to protect the child or the person taking the 
action from physical or emotional harm or sexual assault;  
    (2) is consented to by the parent, stepparent, or legal 
custodian seeking prosecution; or 
    (3) is otherwise authorized by a court order.  
    The defenses provided in this subdivision are in addition 
to and do not limit other defenses available under this chapter 
or chapter 611.  
    Subd. 3.  [VENUE.] A person who violates this section may 
be prosecuted and tried either in the county in which the child 
was taken, concealed, or detained or in the county of lawful 
residence of the child.  
    Subd. 4.  [RETURN OF CHILD; COSTS.] A child who has been 
concealed, obtained, or retained in violation of this section 
shall be returned to the person having lawful custody of the 
child or shall be taken into custody pursuant to section 
260.165, subdivision 1, paragraph (c), clause (2).  In addition 
to any sentence imposed, the court may assess any expense 
incurred in returning the child against any person convicted of 
violating this section.  The court may direct the appropriate 
county welfare agency to provide counseling services to a child 
who has been returned pursuant to this subdivision.  
    Subd. 5.  [DISMISSAL OF CHARGE.] A felony charge brought 
under this section shall be dismissed if:  
    (a) the person voluntarily returns the child within 14 days 
after he takes, detains, or fails to return the child in 
violation of this section; or 
    (b)(1) the person taking the action and the child have not 
left the state of Minnesota; and (2) within a period of 14 days 
after taking the action, (i) a motion or proceeding under 
chapters 518, 518A, 518B, or 518C is commenced by the person 
taking the action, or (ii) the attorney representing the person 
taking the action has consented to service of process by the 
party whose rights are being deprived, for any motion or action 
pursuant to chapters 518, 518A, 518B, or 518C.  
     Subd. 5 6.  [PENALTY.] Except as otherwise provided in 
subdivision 5, whoever violates this section may be sentenced as 
follows: 
     (1) To imprisonment for not more than 90 days or to payment 
of a fine of not more than $500, or both, if he voluntarily 
returns the child within 14 days after he takes, detains, or 
fails to return the child in violation of this section; or 
     (2) Otherwise to imprisonment for not more than one year 
and one day or to payment of a fine of $1,000 $3,000, or both. 
    Subd. 7.  [REPORTING OF DEPRIVATION OF PARENTAL RIGHTS.] 
Any violation of this section shall be reported pursuant to 
section 3.  
    Sec. 3.  Minnesota Statutes 1982, section 626.556, is 
amended by adding a subdivision to read: 
    Subd. 3a.  [REPORT OF DEPRIVATION OF PARENTAL RIGHTS.] A 
person mandated to report under subdivision 3, who knows or has 
reason to know of a violation of section 609.26, shall report 
the information to the local police department or the county 
sheriff.  Receipt by a local welfare agency of a report or 
notification of a report of a violation of section 609.26 shall 
not be construed to invoke the duties of subdivisions 10, 10a, 
or 10b of this section.  
    Sec. 4.  [EFFECTIVE DATE.] 
    Sections 1 and 3 are effective August 1, 1984.  Section 2 
is effective August 1, 1984, and applies to crimes committed on 
or after that date. 
    Approved April 25, 1984