Minnesota Session Laws - 1999, Regular Session

                            CHAPTER 219-S.F.No. 346 
                  An act relating to child custody; expanding provisions 
                  for relative ex parte temporary custody; amending 
                  Minnesota Statutes 1998, section 518.158, subdivisions 
                  1 and 2. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 518.158, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [FACTORS.] (a) It is presumed to be in the 
        best interests of the child for the court to grant temporary 
        custody to a relative under subdivision 2 if a minor child has 
        resided with the relative for a period of 12 months or more and 
        the following circumstances exist without good cause: 
           (1) the parent has had no contact with the child on a 
        regular basis and no demonstrated, consistent participation in 
        the child's well-being for six months; or 
           (2) the parent, during the time the child resided with the 
        relative, has refused or neglected to comply with the duties 
        imposed upon the parent by the parent and child relationship, 
        including but not limited to providing the child necessary food, 
        clothing, shelter, health care, education, and other care and 
        control necessary for the child's physical, mental, or emotional 
        health and development. 
           (b) It is also presumed to be in the best interests of the 
        child for the court to grant temporary custody to a relative 
        under subdivision 2 if the relative has permanent custody of a 
        sibling of the child and: 
           (1) the child is currently residing with the relative and a 
        factor in paragraph (a), clause (1) or (2), is present, 
        regardless of duration; or 
           (2) the application alleges an immediate and present danger 
        to the physical safety of the child in the home of the parent. 
           Sec. 2.  Minnesota Statutes 1998, section 518.158, 
        subdivision 2, is amended to read: 
           Subd. 2.  [EMERGENCY CUSTODY HEARING.] If the parent seeks 
        to remove the child from the home of the relative or if the 
        relative seeks to remove the child from the home of the parent 
        and the applicable factors in subdivision 1 exist, the relative 
        may apply for an ex parte temporary order for custody of the 
        child.  The application must include an affidavit made under 
        oath that states with particularity the specific facts and 
        circumstances on which the application is based.  The court 
        shall grant temporary custody if it finds, based on the 
        application, that the applicable factors in subdivision 1 
        exist.  If it finds that the factors in subdivision 1 do not 
        exist, the court shall order that the child be returned to or 
        remain with the parent.  An ex parte temporary custody order 
        under this subdivision is effective for a fixed period not to 
        exceed 14 days.  A temporary custody hearing under this chapter 
        must be set for not later than seven days after issuance of the 
        ex parte temporary custody order, except that if the ex parte 
        temporary custody order is based on the grounds under 
        subdivision 1, paragraph (b), clause (2), the temporary custody 
        hearing must be set for not later than 72 hours, excluding 
        Saturdays, Sundays, and holidays, after issuance of the order.  
        The parent must be promptly served with a copy of the ex parte 
        order and the petition and notice of the date for the hearing. 
           Presented to the governor May 21, 1999 
           Signed by the governor May 24, 1999, 9:56 a.m.