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Office of the Revisor of Statutes

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

                             CHAPTER 7-S.F.No. 356 
                  An act relating to family law; changing certain 
                  provisions of the de facto custodian law; amending 
                  Minnesota Statutes 2002, sections 257C.01, subdivision 
                  2; 257C.07. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 257C.01, 
        subdivision 2, is amended to read: 
           Subd. 2.  [DE FACTO CUSTODIAN.] (a) "De facto custodian" 
        means an individual who has been the primary caretaker for a 
        child who has, within the 24 months immediately preceding the 
        filing of the petition, resided with the individual without a 
        parent present and with a lack of demonstrated consistent 
        participation by a parent for a period of: 
           (1) six months or more, which need not be consecutive, if 
        the child is under three years of age; or 
           (2) one year or more, which need not be consecutive, if the 
        child is three years of age or older. 
           (b) For purposes of the definition in this subdivision, any 
        period of time after a legal proceeding has been commenced and 
        filed must not be included in determining whether the child has 
        resided with the individual for the required minimum period. 
           (c) For purposes of the definition in this subdivision, 
        "lack of demonstrated consistent participation" by a parent 
        means refusal or neglect to comply with the duties imposed upon 
        the parent by the parent-child relationship, including, but not 
        limited to, providing the child necessary food, clothing, 
        shelter, health care, education, creating a nurturing and 
        consistent relationship, and other care and control necessary 
        for the child's physical, mental, or emotional health and 
        development.  
           (d) "De facto custodian" does not include an individual who 
        has a child placed in the individual's care: 
           (1) through a custody consent decree under section 257C.07; 
           (2) through a court order or voluntary placement agreement 
        under chapter 260C; or 
           (3) for adoption under chapter 259. 
           (e) A standby custody designation under chapter 257B is not 
        a designation of de facto custody unless that intent is 
        indicated within the standby custody designation. 
           Sec. 2.  Minnesota Statutes 2002, section 257C.07, is 
        amended to read: 
           257C.07 [CUSTODY CONSENT DECREE.] 
           In a proceeding under this chapter, a parent may transfer 
        legal and physical custody of a child to a relative by a consent 
        decree entered under this section.  The court may approve a 
        proposed consent decree if the custody arrangement is in the 
        best interests of the child and all parties to the decree agree 
        to it after being fully informed of its contents.  A consent 
        decree under this section must: 
           (1) transfer legal and physical custody of the child to a 
        named relative third party and state that this includes the 
        ability to determine the child's residence; make decisions 
        regarding the child's education, religious training, and health 
        care; and obtain information and public services on behalf of 
        the child in the same manner as a parent; 
           (2) indicate whether the transfer of custody is temporary 
        or permanent; and 
           (3) include an order for child support in the guidelines 
        amount and an allocation of child care costs as provided by 
        section 518.551, subject to income withholding under section 
        518.6111 and including an order for medical support under 
        section 518.171. 
           Either a parent or a relative who is A party to a consent 
        decree under this section may file a motion to modify or 
        terminate the consent decree at any time.  Section 518.18, 
        paragraphs (d) and (e), apply to all modifications.  A party who 
        has custody of a child under this section must seek modification 
        of the consent decree before transferring physical or legal 
        custody of the child to anyone. 
           For purposes of this section, "relative" means an adult who 
        is a stepparent, grandparent, brother, sister, uncle, aunt, or 
        other extended family member of a minor by blood, marriage, or 
        adoption. 
           Presented to the governor April 1, 2003 
           Signed by the governor April 4, 2003, 3:35 p.m.