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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                             CHAPTER 65-S.F.No. 432 
                  An act relating to children; modifying execution and 
                  consent requirements for designated caregiver 
                  agreements; amending Minnesota Statutes 1996, sections 
                  171.07, subdivision 11; 257A.01, subdivision 2, and by 
                  adding a subdivision; and 257A.03, subdivision 2. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 171.07, 
        subdivision 11, is amended to read: 
           Subd. 11.  [DESIGNATED PARENT CAREGIVER.] (a) Upon the 
        written request of the applicant on a form developed by the 
        department, which contains the information specified in 
        paragraph (b), and upon payment of an additional fee of $3.50, 
        the department shall issue a driver's license or Minnesota 
        identification card bearing a symbol or other appropriate 
        identifier indicating that the license holder has appointed an 
        individual to serve as a designated parent caregiver under 
        chapter 257A. 
           (b) The form shall provide as follows:  
           "...(Name of parent(s))... appoints ...(name of designated 
        parent caregiver)... to provide care for ...(name of child or 
        children)... when requested by the parent(s) or when the 
        parent(s) is unable to care for the child (children) and unable 
        to request the designated parent's caregiver's assistance. 
           The designated parent caregiver will care for the child 
        (children) named in this form for (choose one of the following): 
           (indicate a specified period of time that is less than one 
        year); or 
           (indicate that care is to be provided for one year). 
           The designated parent caregiver has the powers and duties 
        to make decisions and meet the child's (children's) needs in the 
        areas checked or specified below: 
           education ..... 
           health care ..... 
           religion ..... 
           day care ..... 
           recreation ..... 
           other ..... 
         ........................................................... 
         ........................................................... 
         ........................................................... 
           The designated parent caregiver (choose one of the 
        following): 
           is ... 
           is not ... 
           authorized to make decisions about financial issues and 
        control financial resources provided for the child (children) by 
        the parent. 
           This designated parent caregiver agreement is effective for 
        four years following the date it is signed by the parent(s), 
        designated parent caregiver, any child age 14 or older, and any 
        alternate designated parent caregiver.  However, the agreement 
        may be canceled by a parent, a designated parent caregiver, or 
        an alternate designated parent caregiver at any time before that 
        date, upon notice to the other parties to the agreement.  All 
        parents who have court-ordered visitation rights to the child 
        must consent to the agreement. 
           (Parent(s) Signature(s) of parent(s) with legal custody and 
        Minnesota driver's license(s) or Minnesota identification card 
        number(s)) 
           (Designated parent caregiver signature, Minnesota driver's 
        license or Minnesota identification card number, address, and 
        telephone number) 
           (Alternate designated parent caregiver signature, Minnesota 
        driver's license or Minnesota identification card number, 
        address, and telephone number) 
           (Child age 14 or older signature .....) 
           (Date .....) 
           (Notarization .....)" 
           (c) The department shall maintain a computerized records 
        system of all persons listed as designated parents caregivers by 
        driver's license and identification card applicants.  This data 
        shall be released to appropriate law enforcement agencies under 
        section 13.69.  Upon a parent's request and payment of a fee of 
        $3.50, the department shall revise its list of 
        designated parents caregivers and alternates to reflect a change 
        in the appointment of a designated parent caregiver. 
           (d) At the request of the license or card holder, the 
        department shall cancel the designated parent caregiver 
        indication without additional charge.  However, this paragraph 
        does not prohibit a fee that may be applicable for a duplicate 
        or replacement license or card, renewal of a license, or other 
        service applicable to a driver's license or identification card. 
           (e) Notwithstanding sections 13.08, subdivision 1, and 
        13.69, the department and department employees are conclusively 
        presumed to be acting in good faith when employees rely on 
        statements made, in person or by telephone, by persons 
        purporting to be law enforcement and subsequently release 
        information described in paragraph (b).  When acting in good 
        faith, the department and department personnel are immune from 
        civil liability and not subject to suit for damages resulting 
        from the release of this information. 
           (f) The department and its employees: 
           (1) have no duty to inquire or otherwise determine whether 
        a form submitted under this subdivision contains the signatures 
        of all parents who have legal custody of a child or whether all 
        parents who have court-ordered visitation rights to the child 
        have consented to the agreement; and 
           (2) are immune from all civil liability and not subject to 
        suit for damages resulting from a claim that any parent with 
        legal custody of a child has not signed the form or that a 
        parent who has court-ordered visitation rights to the child did 
        not consent to the agreement. 
           (g) Of the fees received by the department under this 
        subdivision: 
           (1) Up to $111,000 received in fiscal year 1997 and up to 
        $61,000 received in subsequent fiscal years must be deposited in 
        the general fund. 
           (2) All other fees must be deposited in the trunk highway 
        fund. 
           Sec. 2.  Minnesota Statutes 1996, section 257A.01, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CONSENTS AND NOTICE REQUIRED.] (a) The agreement 
        must be executed by all parents with physical legal custody of 
        the child and must have the consent of every parent who has 
        court-ordered visitation rights to the child.  The agreement 
        becomes operative when none of the parents with physical custody 
        is able to care for the child. As soon as practicable after 
        executing an agreement, a copy of the agreement must be given to 
        any noncustodial parent of the child and to every child age 14 
        or older to whom the agreement applies. 
           (b) Consent of a parent required under paragraph (a) may be 
        given in writing or may be established by mailing a notice 
        regarding the designated caregiver agreement to the parent's 
        last known address.  The notice must include the name of the 
        proposed designated caregiver and inform the parent whose 
        consent is required that the parent's consent to the agreement 
        will be implied if the parent does not object within 30 days.  
        If the parent does not object to the agreement orally or in 
        writing within 30 days, the consent of the parent is implied. 
           Sec. 3.  Minnesota Statutes 1996, section 257A.01, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [WHEN OPERATIVE.] The agreement becomes operative 
        when none of the parents with physical custody is able to care 
        for the child because of an emergency or temporary period of 
        incapacitation.  If the parents have joint physical custody and 
        the parent who is caring for the child is unable to do so, a 
        designated caregiver may provide temporary care until the other 
        parent is able to assume care. 
           Sec. 4.  Minnesota Statutes 1996, section 257A.03, 
        subdivision 2, is amended to read: 
           Subd. 2.  [NOTICE TO NONCUSTODIAL PARENT; VISITATION 
        RIGHTS.] (a) As soon as practicable after assuming care of a 
        child, the designated parent shall notify any noncustodial 
        parent that the designated parent has assumed care of the child. 
           (b) Court-ordered visitation rights of a noncustodial 
        parent continue while the child is in the care of the designated 
        parent, unless otherwise modified by the court.  A designated 
        parent agreement does not affect the right of a parent without 
        physical custody to bring a custody motion under chapter 
        518.  If a parent with legal custody is not the designated 
        caregiver, the parent may bring a motion for temporary physical 
        custody, which may continue until the parent with physical 
        custody is able to resume care of the child.  The court shall 
        award that parent temporary physical custody unless it finds it 
        would not be in the best interests of the child. 
           Sec. 5.  [INSTRUCTION TO REVISOR.] 
           The revisor of statutes shall change the term "designated 
        parent" or variations of the term to "designated caregiver" 
        wherever they appear in Minnesota Statutes. 
           Presented to the governor April 24, 1997 
           Signed by the governor April 28, 1997, 10:54 a.m.