language to be deleted (2) new language
relating to crime victims; establishing Jacob's law; requiring notification by law enforcement to social services if a child is neglected or abused outside the home; amending parental rights under custody orders to include police reports on minor children;
amending Minnesota Statutes 2010, sections 518.17, subdivision 3; 626.556, subdivision 10a.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
(a) Upon adjudging the nullity of a marriage, or in a dissolution or separation proceeding, or in a child custody proceeding, the court shall make such further order as it deems just and proper concerning:
(1) the legal custody of the minor children of the parties which shall be sole or joint;
(2) their physical custody and residence; and
(3) their support. In determining custody, the court shall consider the best interests of each child and shall not prefer one parent over the other solely on the basis of the sex of the parent.
(b) The court shall grant the following rights to each of the parties, unless specific findings are made under section 518.68, subdivision 1. Each party has the
right of access to, and to receive copies of, school, medical, dental, religious training, and other important records and information about the minor children. Each party has the
right of access to information regarding health or dental insurance available to the minor children. Each party shall keep the other party
informed as to the name and address of the school of attendance of the minor children. Each party has the
right to be informed by school officials about the children's welfare, educational progress and status, and to attend school and parent-teacher conferences. The school is not required to hold a separate conference for each party. In case of an accident or serious illness of a minor child, each party shall notify
the other party of the accident or illness, and the name of the health care provider and the place of treatment. Each party has the
right to reasonable access and telephone contact with the minor children.
The court may waive any of the rights under this section if it finds it is necessary to protect the welfare of a party or child.
(a) If the report alleges neglect, physical abuse, or sexual abuse by a person who is not a parent, guardian, sibling, person responsible for the child's care functioning within the family unit, or a person who lives in the child's household and who has a significant relationship to the child, in a setting other than a facility as defined in subdivision 2, the local welfare agency shall immediately notify the appropriate law enforcement agency, which shall conduct an investigation of the alleged abuse or neglect if a violation of a criminal statute is alleged.
(b) The local agency may rely on the fact-finding efforts of the law enforcement investigation conducted under this subdivision to make a determination whether or not threatened injury or other maltreatment has occurred under subdivision 2 if an alleged offender has minor children or lives with minors.
(c) the local welfare agency shall offer appropriate social services for the purpose of safeguarding and enhancing the welfare of the abused or neglected minor.
Presented to the governor April 2, 2012
Signed by the governor April 4, 2012, 11:21 a.m.
Official Publication of the State of Minnesota Revisor of Statutes