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2002 Minnesota Session Laws

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                            CHAPTER 304-S.F.No. 2673 
                  An act relating to family law; providing for custody 
                  of children by de facto custodians and third parties; 
                  making related technical changes; providing for 
                  hearings on petitions for orders of protection; 
                  providing for notice to law enforcement agencies of 
                  continuance of order for protection; amending 
                  Minnesota Statutes 2000, sections 518.156, subdivision 
                  1; 518B.01, subdivisions 5, 7, 13; Minnesota Statutes 
                  2001 Supplement, section 260C.201, subdivision 11; 
                  proposing coding for new law as Minnesota Statutes, 
                  chapter 257C; repealing Minnesota Statutes 2000, 
                  section 518.158. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [257C.01] [DEFINITIONS.] 
           Subdivision 1.  [SCOPE.] The definitions in this section 
        apply to this chapter. 
           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 if the child is under three years of 
        age; or 
           (2) one year or more 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 
        257.0215; 
           (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. 
           Subd. 3.  [INTERESTED THIRD PARTY.] (a) "Interested third 
        party" means an individual who is not a de facto custodian but 
        who can prove that at least one of the factors in section 
        257C.03, subdivision 7, paragraph (a) is met. 
           (b) "Interested third party" does not include an individual 
        who has a child placed in the individual's care: 
           (1) through a custody consent decree under section 
        257.0215; 
           (2) through a court order or voluntary placement under 
        chapter 260C; or 
           (3) for adoption under chapter 259. 
           Sec. 2.  [257C.02] [APPLICATION OF OTHER LAW; 
        CONSTRUCTION.] 
           (a) Chapters 256, 257, and 518 and section 525.551 apply to 
        third-party and de facto custody proceedings unless otherwise 
        specified in this chapter.  De facto or third-party child 
        custody proceedings concerning an Indian child are child custody 
        proceedings governed by the Indian Child Welfare Act, United 
        States Code, title 25, sections 1901 to 1963; the Minnesota 
        Indian Family Preservation Act, sections 260.751 to 260.835; and 
        by this chapter when not inconsistent with the Indian Child 
        Welfare Act or the Minnesota Indian Family Preservation Act. 
           (b) Nothing in this chapter relieves a parent of a duty to 
        support the parent's child.  A preexisting child support order 
        is not suspended or terminated when a third party takes custody 
        of a child unless otherwise provided by court order.  A de facto 
        or third-party custodian has a cause of action against a parent 
        for child support under section 256.87, subdivision 5, and the 
        public authority has a cause of action against a parent for 
        child support under section 256.87, subdivision 1. 
           (c) Nothing in this chapter prohibits the establishment of 
        parentage under chapter 257. 
           Sec. 3.  [257C.03] [PROCEDURE.] 
           Subdivision 1.  [COMMENCEMENT OF PROCEEDINGS.] (a) In a 
        court of this state with jurisdiction to decide child custody 
        matters, a de facto or third-party child custody proceeding may 
        be brought by an individual other than a parent by filing a 
        petition seeking custody in the county where: 
           (1) the child is permanently a resident, the child is 
        found, or an earlier order for custody of the child has been 
        entered; or 
           (2) the court has jurisdiction over the matter under 
        chapter 518D. 
           (b) The proceeding is commenced by personal service of the 
        summons and petition. 
           (c) An individual other than a parent who seeks visitation 
        under this section must qualify under one of the provisions of 
        section 257.022, and must comply with the provisions of this 
        subdivision to commence the proceeding. 
           Subd. 2.  [REQUISITES OF PETITION OR MOTION.] (a) A 
        petition for custody filed under this section must state and 
        allege: 
           (1) the name and address of the petitioner and any prior or 
        other name used by the petitioner; 
           (2) the name and, if known, the address and social security 
        number of the respondent mother and father or guardian and any 
        prior or other name used by the respondent and known to the 
        petitioner; 
           (3) the name and date of birth of each child for whom 
        custody is sought; 
           (4) the relationship of the petitioner to each child for 
        whom custody is sought; 
           (5) the petitioner or petitioners' basis for jurisdiction 
        under section 257C.01, subdivision 2 or 3; 
           (6) the current legal and physical custodial status of each 
        child for whom custody is sought and a list of all prior orders 
        of custody, if known to the petitioner; 
           (7) whether any party is a member of the armed services; 
           (8) the length of time each child has resided with the 
        petitioner and has resided in the state of Minnesota; 
           (9) whether a separate proceeding for dissolution, legal 
        separation, or custody is pending in a court in this state or 
        elsewhere; 
           (10) whether a permanent or temporary standby custody 
        designation has been executed or filed in a court in this state 
        or elsewhere; 
           (11) whether a permanent or temporary standby custody 
        designee differs in identity from the de facto custodian and 
        reasons why the proposed de facto custodian should have 
        custodial priority over a designated standby custodian; 
           (12) whether parenting time should be granted to the 
        respondents; 
           (13) any temporary or permanent child support, attorney 
        fees, costs, and disbursements; 
           (14) whether an order of protection under chapter 518B or a 
        similar law of another state that governs the parties or a party 
        and a minor child of the parties is in effect and, if so, the 
        district court or similar jurisdiction in which it was entered; 
        and 
           (15) that it is in the best interests of the child under 
        section 257C.04 that the petitioner have custody of the child. 
           (b) The petition must be verified by the petitioner or 
        petitioners and its allegations established by competent 
        evidence. 
           Subd. 3.  [WRITTEN NOTICE.] (a) Written notice of a hearing 
        on a petition to establish de facto or third-party custody of a 
        child must be given to: 
           (1) the parent of the child, if: 
           (i) the person's name appears on the child's birth 
        certificate as a parent; 
           (ii) the person has substantially supported the child; 
           (iii) the person either was married to the person 
        designated on the birth certificate as the natural mother within 
        the 325 days before the child's birth or married that person 
        within the ten days after the child's birth; 
           (iv) the person is openly living with the child or the 
        person designated on the birth certificate as the natural mother 
        of the child, or both; 
           (v) the person has been adjudicated the child's parent; 
           (vi) the person has filed a paternity action within 30 days 
        after the child's birth and the action is still pending; or 
           (vii) the person and the mother of the child signed a 
        declaration of parentage under section 257.34 before August 1, 
        1995, which has not been revoked, or a recognition of parentage 
        under section 257.75 which has not been revoked or vacated; 
           (2) the guardian or legal custodian, if any, of the child; 
        and 
           (3) the child's tribe pursuant to section 260.761, 
        subdivision 3, if the child is an Indian child. 
           (b) Notice under this section need not be given to a person 
        listed in this subdivision whose parental rights have been 
        terminated.  
           (c) Written notice of a hearing on a petition to establish 
        de facto or third-party custody of a child must be given to the 
        public authority if either parent receives public assistance, 
        the petitioner receives public assistance on behalf of the 
        child, or either parent receives child support enforcement 
        services from the public authority or applies for public 
        assistance or child support enforcement services from the public 
        authority after a petition under this section is filed.  Notice 
        to the public authority must include a copy of the petition. 
           Subd. 4.  [APPROVAL WITHOUT HEARING.] (a) Approval of an 
        order under this section without a hearing is permitted if both 
        parents consent by stipulation or agreement that it is in the 
        best interests of the child to be in the custody of the de facto 
        custodian or interested third party. 
           (b) If either parent receives public assistance, the 
        petitioner receives public assistance on behalf of the child, or 
        either parent receives child support enforcement services from 
        the public authority, the petitioner must notify the public 
        authority of the stipulation or agreement under this subdivision.
           Subd. 5.  [EMERGENCY OR TEMPORARY HEARINGS.] (a) The court 
        must be guided by the factors set forth in sections 518.131, 
        concerning temporary orders and restraining orders; 518.551, 
        concerning child support; 518.17 to 518.175, concerning custody 
        and parenting time; and 518.14, concerning costs and attorney 
        fees, in making temporary orders and restraining orders. 
           (b) The court may grant ex parte relief only if requested 
        by a motion with a properly executed supporting affidavit.  The 
        affidavit must outline specific supporting facts as to why the 
        case needs to be expedited. 
           (c) The court shall grant ex parte or temporary relief if 
        the petitioner and situation fit the factors outlined for de 
        facto custodian or third-party custodian under section 257C.01, 
        subdivisions 2 and 3; and subdivisions 6 and 7 of this section. 
           (d) If the court orders temporary custody under this 
        subdivision, the de facto custodian or interested third party 
        shall seek temporary or permanent custody of the child pursuant 
        to a petition under this chapter and the other standards of this 
        chapter apply. 
           Subd. 6.  [DE FACTO CUSTODIAN; BURDEN OF PROOF; 
        FACTORS.] (a) To establish that an individual is a de facto 
        custodian, the individual must: 
           (1) show by clear and convincing evidence that the 
        individual satisfies the provisions of section 257C.01, 
        subdivision 2; and 
           (2) prove by a preponderance of the evidence that it is in 
        the best interests of the child to be in the custody of the de 
        facto custodian.  
           (b) The following factors must be considered by the court 
        in determining a parent's lack of demonstrated consistent 
        participation for purposes of section 257C.01, subdivision 2: 
           (1) the intent of the parent or parents in placing the 
        child with the de facto custodian; 
           (2) the amount of involvement the parent had with the child 
        during the parent's absence; 
           (3) the facts and circumstances of the parent's absence; 
           (4) the parent's refusal to comply with conditions for 
        retaining custody set forth in previous court orders; 
           (5) whether the parent now seeking custody was previously 
        prevented from doing so as a result of domestic violence; and 
           (6) whether a sibling of the child is already in the 
        petitioner's care.  
           (c) In determining the best interests of the child, the 
        court must apply the standards in section 257C.04. 
           Subd. 7.  [INTERESTED THIRD PARTY; BURDEN OF PROOF; 
        FACTORS.] (a) To establish that an individual is an interested 
        third party, the individual must: 
           (1) show by clear and convincing evidence that one of the 
        following factors exist: 
           (i) the parent has abandoned, neglected, or otherwise 
        exhibited disregard for the child's well-being to the extent 
        that the child will be harmed by living with the parent; 
           (ii) placement of the child with the individual takes 
        priority over preserving the day-to-day parent-child 
        relationship because of the presence of physical or emotional 
        danger to the child, or both; or 
           (iii) other extraordinary circumstances; and 
           (2) prove by a preponderance of the evidence that it is in 
        the best interests of the child to be in the custody of the 
        interested third party. 
           (b) The following factors must be considered by the court 
        in determining an interested third party's petition: 
           (1) the amount of involvement the interested third party 
        had with the child during the parent's absence or during the 
        child's lifetime; 
           (2) the amount of involvement the parent had with the child 
        during the parent's absence; 
           (3) the presence or involvement of other interested third 
        parties; 
           (4) the facts and circumstances of the parent's absence; 
           (5) the parent's refusal to comply with conditions for 
        retaining custody set forth in previous court orders; 
           (6)  whether the parent now seeking custody was previously 
        prevented from doing so as a result of domestic violence; 
           (7) whether a sibling of the child is already in the care 
        of the interested third party; and 
           (8) the existence of a standby custody designation under 
        chapter 257B. 
           (c) In determining the best interests of the child, the 
        court must apply the standards in section 257C.04. 
           Subd. 8.  [DISMISSAL OF PETITION.] (a) The court must 
        dismiss a petition for custody if the court finds that: 
           (1) the petitioner is not a de facto custodian as set forth 
        in section 257C.01, subdivision 2; 
           (2) the petitioner does not establish at least one of the 
        factors in subdivision 7, paragraph (a); or 
           (3) placement of the child with the petitioner is not in 
        the best interests of the child. 
           (b) If the court finds that a party cannot establish 
        factors for visitation under section 257.022, the court must 
        dismiss a petition for visitation. 
           Sec. 4.  [257C.04] [BEST INTERESTS OF A CHILD.] 
           Subdivision 1.  [CUSTODY FACTORS.] (a) If two or more 
        parties seek custody of a child, the court must consider and 
        evaluate all relevant factors in determining the best interests 
        of the child, including the following factors: 
           (1) the wishes of the party or parties as to custody; 
           (2) the reasonable preference of the child, if the court 
        deems the child to be of sufficient age to express preference; 
           (3) the child's primary caretaker; 
           (4) the intimacy of the relationship between each party and 
        the child; 
           (5) the interaction and interrelationship of the child with 
        a party or parties, siblings, and any other person who may 
        significantly affect the child's best interests; 
           (6) the child's adjustment to home, school, and community; 
           (7) the length of time the child has lived in a stable, 
        satisfactory environment and the desirability of maintaining 
        continuity; 
           (8) the permanence, as a family unit, of the existing or 
        proposed custodial home; 
           (9) the mental and physical health of all individuals 
        involved; except that a disability, as defined in section 
        363.01, subdivision 13, of a proposed custodian or the child 
        shall not be determinative of the custody of the child, unless 
        the proposed custodial arrangement is not in the best interests 
        of the child; 
           (10) the capacity and disposition of the parties to give 
        the child love, affection, and guidance, and to continue 
        educating and raising the child in the child's culture and 
        religion or creed, if any; 
           (11) the child's cultural background; and 
           (12) the effect on the child of the actions of an abuser, 
        if related to domestic abuse, as defined in section 518B.01, 
        subdivision 2, that has occurred between the parents or the 
        parties. 
           (b) The court may not use one factor to the exclusion of 
        all others.  The court must make detailed findings on each of 
        the factors and explain how the factors led to its conclusions 
        and to the determination of the best interests of the child. 
           (c) The court must not give preference to a party over the 
        de facto custodian or interested third party solely because the 
        party is a parent of the child. 
           (d) The court must not prefer a parent over the de facto 
        custodian or third party custodian solely on the basis of the 
        gender of the parent, de facto custodian, or third party. 
           (e) The fact that the parents of the child are not or were 
        never married to each other must not be determinative of the 
        custody of the child. 
           (f) The court must consider evidence of a violation of 
        section 609.507 in determining the best interests of the child. 
           (g) The court must not consider conduct of a proposed 
        custodian that does not affect the custodian's relationship to 
        the child. 
           (h) Section 518.619 applies to actions under this section. 
           Subd. 2.  [FACTORS WHEN JOINT CUSTODY IS SOUGHT.] (a) In 
        addition to the factors listed in subdivision 1, if either joint 
        legal or joint physical custody is contemplated or sought, the 
        court must consider the following relevant factors: 
           (1) the ability of the parties to cooperate in the rearing 
        of the child; 
           (2) methods for resolving disputes regarding any major 
        decision concerning the life of the child and the parties' 
        willingness to use those methods; 
           (3) whether it would be detrimental to the child if one 
        party were to have sole authority over the child's upbringing; 
        and 
           (4) whether domestic abuse, as defined in section 518B.01, 
        subdivision 2, has occurred between the parties. 
           (b) If the court awards joint legal or physical custody 
        over the objection of a party, the court must make detailed 
        findings on each of the factors in this subdivision and explain 
        how the factors led to its determination that joint custody 
        would be in the best interests of the child. 
           Sec. 5.  [257C.05] [DE FACTO AND THIRD PARTY CUSTODY 
        ORDERS.] 
           Subdivision 1.  [CUSTODY ORDER.] In a child custody 
        proceeding under this chapter, the court must make any 
        additional order it considers just and proper concerning: 
           (1) the legal custody of a minor child, whether sole or 
        joint; 
           (2) the child's physical custody and residence; 
           (3) the quality and duration of parenting time and whether 
        it is supervised or unsupervised; 
           (4) child support as determined under section 518.551; and 
           (5) other matters reasonably affecting the best interests 
        of the child. 
           Subd. 2.  [ATTACHMENTS TO CUSTODY ORDER.] All de facto and 
        interested third party custody orders must include Form 3:  
        Appendix A under the Appendix of Forms in the Family Court 
        Procedure in General Rules of Practice.  The court may also 
        notify the parties of the availability and uses of mediation. 
           Sec. 6.  [257C.06] [MODIFICATION.] 
           The procedures in section 518.18 for modification of a 
        custody order also govern modification of an order under this 
        chapter. 
           Sec. 7.  Minnesota Statutes 2001 Supplement, section 
        260C.201, subdivision 11, is amended to read: 
           Subd. 11.  [REVIEW OF COURT ORDERED PLACEMENTS; PERMANENT 
        PLACEMENT DETERMINATION.] (a) Except for cases where the child 
        is in placement due solely to the child's developmental 
        disability or emotional disturbance, and where custody has not 
        been transferred to the responsible social services agency, and 
        the court finds compelling reasons under section 260C.007, 
        subdivision 8, the court shall conduct a hearing to determine 
        the permanent status of a child not later than 12 months after 
        the child is placed out of the home of the parent. 
           For purposes of this subdivision, the date of the child's 
        placement out of the home of the parent is the earlier of the 
        first court-ordered placement or 60 days after the date on which 
        the child has been voluntarily placed out of the home. 
           For purposes of this subdivision, 12 months is calculated 
        as follows: 
           (1) during the pendency of a petition alleging that a child 
        is in need of protection or services, all time periods when a 
        child is placed out of the home of the parent are cumulated; 
           (2) if a child has been placed out of the home of the 
        parent within the previous five years under one or more previous 
        petitions, the lengths of all prior time periods when the child 
        was placed out of the home within the previous five years are 
        cumulated.  If a child under this clause has been out of the 
        home for 12 months or more, the court, if it is in the best 
        interests of the child and for compelling reasons, may extend 
        the total time the child may continue out of the home under the 
        current petition up to an additional six months before making a 
        permanency determination.  
           (b) Unless the responsible social services agency 
        recommends return of the child to the custodial parent or 
        parents, not later than 30 days prior to this hearing, the 
        responsible social services agency shall file pleadings in 
        juvenile court to establish the basis for the juvenile court to 
        order permanent placement of the child according to paragraph 
        (d).  Notice of the hearing and copies of the pleadings must be 
        provided pursuant to section 260C.152.  If a termination of 
        parental rights petition is filed before the date required for 
        the permanency planning determination and there is a trial under 
        section 260C.163 scheduled on that petition within 90 days of 
        the filing of the petition, no hearing need be conducted under 
        this subdivision.  
           (c) At the conclusion of the hearing, the court shall order 
        the child returned to the care of the parent or guardian from 
        whom the child was removed or order a permanent placement in the 
        child's best interests.  The "best interests of the child" means 
        all relevant factors to be considered and evaluated.  Transfer 
        of permanent legal and physical custody, termination of parental 
        rights, or guardianship and legal custody to the commissioner 
        through a consent to adopt are preferred permanency options for 
        a child who cannot return home. 
           (d) If the child is not returned to the home, the court 
        must order one of the following dispositions: 
           (1) permanent legal and physical custody to a relative in 
        the best interests of the child according to the following 
        conditions: 
           (i) an order for transfer of permanent legal and physical 
        custody to a relative shall only be made after the court has 
        reviewed the suitability of the prospective legal and physical 
        custodian; 
           (ii) in transferring permanent legal and physical custody 
        to a relative, the juvenile court shall follow the standards and 
        procedures applicable under this chapter and chapter 
        260, chapters 260 and 518, and the procedures set out in the 
        juvenile court rules; 
           (iii) an order establishing permanent legal and physical 
        custody under this subdivision must be filed with the family 
        court; 
           (iv) a transfer of legal and physical custody includes 
        responsibility for the protection, education, care, and control 
        of the child and decision making on behalf of the child; 
           (v) the social services agency may petition on behalf of 
        the proposed custodian bring a petition or motion naming a fit 
        and willing relative as a proposed permanent legal and physical 
        custodian.  The commissioner of human services shall annually 
        prepare for counties information that must be given to proposed 
        custodians about their legal rights and obligations as 
        custodians together with information on financial and medical 
        benefits for which the child is eligible; and 
           (vi) the juvenile court may maintain jurisdiction over the 
        responsible social services agency, the parents or guardian of 
        the child, the child, and the permanent legal and physical 
        custodian for purposes of ensuring appropriate services are 
        delivered to the child and permanent legal custodian or for the 
        purpose of ensuring conditions ordered by the court related to 
        the care and custody of the child are met; 
           (2) termination of parental rights according to the 
        following conditions: 
           (i) unless the social services agency has already filed a 
        petition for termination of parental rights under section 
        260C.307, the court may order such a petition filed and all the 
        requirements of sections 260C.301 to 260C.328 remain applicable; 
        and 
           (ii) an adoption completed subsequent to a determination 
        under this subdivision may include an agreement for 
        communication or contact under section 259.58; 
           (3) long-term foster care according to the following 
        conditions: 
           (i) the court may order a child into long-term foster care 
        only if it finds compelling reasons that neither an award of 
        permanent legal and physical custody to a relative, nor 
        termination of parental rights is in the child's best interests; 
        and 
           (ii) further, the court may only order long-term foster 
        care for the child under this section if it finds the following: 
           (A) the child has reached age 12 and reasonable efforts by 
        the responsible social services agency have failed to locate an 
        adoptive family for the child; or 
           (B) the child is a sibling of a child described in subitem 
        (A) and the siblings have a significant positive relationship 
        and are ordered into the same long-term foster care home; 
           (4) foster care for a specified period of time according to 
        the following conditions: 
           (i) foster care for a specified period of time may be 
        ordered only if: 
           (A) the sole basis for an adjudication that the child is in 
        need of protection or services is the child's behavior; 
           (B) the court finds that foster care for a specified period 
        of time is in the best interests of the child; and 
           (C) the court finds compelling reasons that neither an 
        award of permanent legal and physical custody to a relative, nor 
        termination of parental rights is in the child's best interests; 
           (ii) the order does not specify that the child continue in 
        foster care for any period exceeding one year; or 
           (5) guardianship and legal custody to the commissioner of 
        human services under the following procedures and conditions: 
           (i) there is an identified prospective adoptive home that 
        has agreed to adopt the child and the court accepts the parent's 
        voluntary consent to adopt under section 259.24; 
           (ii) if the court accepts a consent to adopt in lieu of 
        ordering one of the other enumerated permanency dispositions, 
        the court must review the matter at least every 90 days.  The 
        review will address the reasonable efforts of the agency to 
        achieve a finalized adoption; 
           (iii) a consent to adopt under this clause vests all legal 
        authority regarding the child, including guardianship and legal 
        custody of the child, with the commissioner of human services as 
        if the child were a state ward after termination of parental 
        rights; 
           (iv) the court must forward a copy of the consent to adopt, 
        together with a certified copy of the order transferring 
        guardianship and legal custody to the commissioner, to the 
        commissioner; and 
           (v) if an adoption is not finalized by the identified 
        prospective adoptive parent within 12 months of the execution of 
        the consent to adopt under this clause, the commissioner of 
        human services or the commissioner's delegate shall pursue 
        adoptive placement in another home unless the commissioner 
        certifies that the failure to finalize is not due to either an 
        action or a failure to act by the prospective adoptive parent. 
           (e) In ordering a permanent placement of a child, the court 
        must be governed by the best interests of the child, including a 
        review of the relationship between the child and relatives and 
        the child and other important persons with whom the child has 
        resided or had significant contact. 
           (f) Once a permanent placement determination has been made 
        and permanent placement has been established, further court 
        reviews are necessary if: 
           (1) the placement is long-term foster care or foster care 
        for a specified period of time; 
           (2) the court orders further hearings because it has 
        retained jurisdiction of a transfer of permanent legal and 
        physical custody matter; 
           (3) an adoption has not yet been finalized; or 
           (4) there is a disruption of the permanent or long-term 
        placement.  
           (g) Court reviews of an order for long-term foster care, 
        whether under this section or section 260C.317, subdivision 3, 
        paragraph (d), or foster care for a specified period of time 
        must be conducted at least yearly and must review the child's 
        out-of-home placement plan and the reasonable efforts of the 
        agency to: 
           (1) identify a specific long-term foster home for the child 
        or a specific foster home for the time the child is specified to 
        be out of the care of the parent, if one has not already been 
        identified; 
           (2) support continued placement of the child in the 
        identified home, if one has been identified; 
           (3) ensure appropriate services are provided to the child 
        during the period of long-term foster care or foster care for a 
        specified period of time; 
           (4) plan for the child's independence upon the child's 
        leaving long-term foster care living as required under section 
        260C.212, subdivision 1; and 
           (5) where placement is for a specified period of time, a 
        plan for the safe return of the child to the care of the parent. 
           (h) An order under this subdivision must include the 
        following detailed findings: 
           (1) how the child's best interests are served by the order; 
           (2) the nature and extent of the responsible social service 
        agency's reasonable efforts, or, in the case of an Indian child, 
        active efforts to reunify the child with the parent or parents; 
           (3) the parent's or parents' efforts and ability to use 
        services to correct the conditions which led to the out-of-home 
        placement; and 
           (4) whether the conditions which led to the out-of-home 
        placement have been corrected so that the child can return home. 
           (i) An order for permanent legal and physical custody of a 
        child may be modified under sections 518.18 and 518.185.  The 
        social services agency is a party to the proceeding and must 
        receive notice.  A parent may only seek modification of an order 
        for long-term foster care upon motion and a showing by the 
        parent of a substantial change in the parent's circumstances 
        such that the parent could provide appropriate care for the 
        child and that removal of the child from the child's permanent 
        placement and the return to the parent's care would be in the 
        best interest of the child. 
           (j) The court shall issue an order required under this 
        section within 15 days of the close of the proceedings.  The 
        court may extend issuing the order an additional 15 days when 
        necessary in the interests of justice and the best interests of 
        the child. 
           Sec. 8.  Minnesota Statutes 2000, section 518.156, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PROCEDURE.] In a court of this state which 
        has jurisdiction to decide child custody matters, a child 
        custody proceeding is commenced: 
           (a) by a parent: 
           (1) by filing a petition for dissolution or legal 
        separation; or 
           (2) where a decree of dissolution or legal separation has 
        been entered or where none is sought, or when paternity has been 
        recognized under section 257.75, by filing a petition or motion 
        seeking custody or parenting time with the child in the county 
        where the child is permanently resident or where the child is 
        found or where an earlier order for custody of the child has 
        been entered; or. 
           (b) by a person other than a parent, where a decree of 
        dissolution or legal separation has been entered or where none 
        is sought by filing a petition or motion seeking custody or 
        visitation of the child in the county where the child is 
        permanently resident or where the child is found or where an 
        earlier order for custody of the child has been entered.  A 
        person seeking visitation pursuant to this paragraph must 
        qualify under one of the provisions of section 257.022.  
           Sec. 9.  Minnesota Statutes 2000, section 518B.01, 
        subdivision 5, is amended to read: 
           Subd. 5.  [HEARING ON APPLICATION; NOTICE.] (a) Upon 
        receipt of the petition, the court shall order a hearing which 
        shall be held not later than 14 days from the date of the 
        order for hearing unless an ex parte order is issued.  
           (b) If an ex parte order has been issued under subdivision 
        7 and a hearing requested, the time periods under subdivision 7 
        for holding a hearing apply.  If a hearing was requested by the 
        petitioner, the petitioner seeks only the relief under 
        subdivision 7, paragraph (a), a hearing is not required unless: 
           (1) the court declines to order the requested relief; or 
           (2) one of the parties requests a hearing. 
           (c) If an ex parte order has been issued under subdivision 
        7 and the petitioner seeks relief beyond that specified in 
        subdivision 7, paragraph (a), or if the court declines to order 
        relief requested by the petitioner, a hearing must be held 
        within seven days.  Personal service of the ex parte order may 
        be made upon the respondent at any time up to 12 hours prior to 
        the time set for the hearing, provided that the respondent at 
        the hearing may request a continuance of up to five days if 
        served fewer than five days prior to the hearing which 
        continuance shall be granted unless there are compelling reasons 
        not to.  If the hearing was requested by the respondent after 
        issuance of an ex parte order under subdivision 7, 
           (d) If an ex parte order has been issued only granting 
        relief under subdivision 7, paragraph (a), and the respondent 
        requests a hearing, the hearing shall be held within ten days of 
        the court's receipt of the respondent's request.  Service of the 
        notice of hearing must be made upon the petitioner not less than 
        five days prior to the hearing.  The court shall serve the 
        notice of hearing upon the petitioner by mail in the manner 
        provided in the rules of civil procedure for pleadings 
        subsequent to a complaint and motions and shall also mail notice 
        of the date and time of the hearing to the respondent.  In the 
        event that service cannot be completed in time to give the 
        respondent or petitioner the minimum notice required under this 
        paragraph subdivision, the court may set a new hearing date no 
        more than five days later.  
           (e) If for good cause shown either party is unable to 
        proceed at the initial hearing and requests a continuance and 
        the court finds that a continuance is appropriate, the hearing 
        may be continued.  Unless otherwise agreed by the parties and 
        approved by the court, the continuance shall be for no more than 
        five days.  If the court grants the requested continuance, the 
        court shall also issue a written order continuing all provisions 
        of the ex parte order pending the issuance of an order after the 
        hearing. 
           (b) (f) Notwithstanding the preceding provisions of 
        paragraph (a) this subdivision, service on the respondent may be 
        made by one week published notice, as provided under section 
        645.11, provided the petitioner files with the court an 
        affidavit stating that an attempt at personal service made by a 
        sheriff or other law enforcement or corrections officer was 
        unsuccessful because the respondent is avoiding service by 
        concealment or otherwise, and that a copy of the petition and 
        notice of hearing has been mailed to the respondent at the 
        respondent's residence or that the residence is not known to the 
        petitioner.  Service under this paragraph is complete seven days 
        after publication.  The court shall set a new hearing date if 
        necessary to allow the respondent the five-day minimum notice 
        required under paragraph (a) (d). 
           Sec. 10.  Minnesota Statutes 2000, section 518B.01, 
        subdivision 7, is amended to read: 
           Subd. 7.  [EX PARTE ORDER.] (a) Where an application under 
        this section alleges an immediate and present danger of domestic 
        abuse, the court may grant an ex parte order for protection and 
        granting relief as the court deems proper, including an order:  
           (1) restraining the abusing party from committing acts of 
        domestic abuse; 
           (2) excluding any party from the dwelling they share or 
        from the residence of the other except by further order of the 
        court; 
           (3) excluding the abusing party from the place of 
        employment of the petitioner or otherwise limiting access to the 
        petitioner by the abusing party at the petitioner's place of 
        employment; and 
           (4) continuing all currently available insurance coverage 
        without change in coverage or beneficiary designation. 
           (b) A finding by the court that there is a basis for 
        issuing an ex parte order for protection constitutes a finding 
        that sufficient reasons exist not to require notice under 
        applicable court rules governing applications for ex parte 
        relief. 
           (c) Subject to paragraph (d), an ex parte order for 
        protection shall be effective for a fixed period set by the 
        court, as provided in subdivision 6, paragraph (b), or until 
        modified or vacated by the court pursuant to a hearing.  Upon 
        request, a full hearing, as provided by this section, shall be 
        set for not later than seven days from the issuance of the ex 
        parte order, if a hearing is requested by the petitioner, or not 
        later than ten days or earlier than eight days from receipt by 
        the court of a request for a hearing by the respondent.  Except 
        as provided in paragraph (d), the respondent shall be personally 
        served forthwith a copy of the ex parte order along with a copy 
        of the petition and, if requested by the petitioner, notice of 
        the date set for the hearing.  If the petitioner does not 
        request a hearing, an order served on a respondent under this 
        subdivision must include a notice advising the respondent of the 
        right to request a hearing, must be accompanied by a form that 
        can be used by the respondent to request a hearing and must 
        include a conspicuous notice that a hearing will not be held 
        unless requested by the respondent within five days of service 
        of the order.  
           (d) Service of the ex parte order may be made by published 
        notice, as provided under subdivision 5, provided that the 
        petitioner files the affidavit required under that subdivision.  
        If personal service is not made or the affidavit is not filed 
        within 14 days of issuance of the ex parte order, the order 
        expires.  If the petitioner does not request a hearing, the 
        petition mailed to the respondent's residence, if known, must be 
        accompanied by the form for requesting a hearing and notice 
        described in paragraph (c).  Unless personal service is 
        completed, if service by published notice is not completed 
        within 28 days of issuance of the ex parte order, the order 
        expires. 
           (e) If the petitioner seeks relief under subdivision 6 
        other than the relief described in paragraph (a), the petitioner 
        must request a hearing to obtain the additional relief. 
           (f) Nothing in this subdivision affects the right of a 
        party to seek modification of an order under subdivision 11. 
           Sec. 11.  Minnesota Statutes 2000, section 518B.01, 
        subdivision 13, is amended to read: 
           Subd. 13.  [COPY TO LAW ENFORCEMENT AGENCY.] (a) An order 
        for protection and any continuance of an order for protection 
        granted pursuant to this section shall be forwarded by the court 
        administrator within 24 hours to the local law enforcement 
        agency with jurisdiction over the residence of the applicant.  
           Each appropriate law enforcement agency shall make 
        available to other law enforcement officers through a system for 
        verification, information as to the existence and status of any 
        order for protection issued pursuant to this section.  
           (b) If the applicant notifies the court administrator of a 
        change in the applicant's residence so that a different local 
        law enforcement agency has jurisdiction over the residence, the 
        order for protection and any continuance of an order for 
        protection must be forwarded by the court administrator to the 
        new law enforcement agency within 24 hours of the notice.  If 
        the applicant notifies the new law enforcement agency that an 
        order for protection has been issued under this section and the 
        applicant has established a new residence within that agency's 
        jurisdiction, within 24 hours the local law enforcement agency 
        shall request a copy of the order for protection from the court 
        administrator in the county that issued the order. 
           (c) When an order for protection is granted, the applicant 
        for an order for protection must be told by the court that: 
           (1) notification of a change in residence should be given 
        immediately to the court administrator and to the local law 
        enforcement agency having jurisdiction over the new residence of 
        the applicant; 
           (2) the reason for notification of a change in residence is 
        to forward an order for protection to the proper law enforcement 
        agency; and 
           (3) the order for protection must be forwarded to the law 
        enforcement agency having jurisdiction over the new residence 
        within 24 hours of notification of a change in residence, 
        whether notification is given to the court administrator or to 
        the local law enforcement agency having jurisdiction over the 
        applicant's new residence. 
           An order for protection is enforceable even if the 
        applicant does not notify the court administrator or the 
        appropriate law enforcement agency of a change in residence. 
           Sec. 12.  [REPEALER.] 
           Minnesota Statutes 2000, section 518.158, is repealed. 
           Sec. 13.  [INSTRUCTION TO THE REVISOR.] 
           (a) The revisor shall renumber Minnesota Statutes, section 
        257.0215 to be 257C.07 and correct all references to that 
        section in Minnesota Statutes and Minnesota Rules. 
           (b) The revisor shall renumber Minnesota Statutes, section 
        257.022 to be 257C.08 and correct all references to that section 
        in Minnesota Statutes and Minnesota Rules. 
           Presented to the governor March 26, 2002 
           Signed by the governor March 27, 2002, 3:39 p.m.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569