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2000 Minnesota Session Laws

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                            CHAPTER 444-S.F.No. 3169 
                  An act relating to family law; providing for parenting 
                  plans; clarifying the procedure for obtaining custody 
                  and parenting time when a recognition of parentage has 
                  been executed; altering the standards for modifying 
                  physical custody; changing certain terminology; 
                  amending Minnesota Statutes 1998, sections 15.87; 
                  119A.37; 124D.23, subdivision 8; 256L.01, subdivision 
                  3a; 257.541; 257.75, subdivision 3; 257A.01, 
                  subdivision 2; 257A.03, subdivision 2; 480.30, 
                  subdivision 1; 494.015, subdivision 1; 517.08, 
                  subdivision 1c; 518.003, subdivision 3, and by adding 
                  a subdivision; 518.131, subdivisions 1, 2, 3, 7, and 
                  by adding a subdivision; 518.156; 518.157, 
                  subdivisions 1 and 3; 518.165, subdivision 1; 518.175, 
                  subdivisions 1, 1a, 2, 3, 5, 6, and 8; 518.1751; 
                  518.176, subdivision 2; 518.177; 518.179, subdivision 
                  1; 518.18; 518.612; 518.619, subdivision 1; 518.68, 
                  subdivisions 1 and 2; 518B.01, subdivisions 4, 6, and 
                  8; 519.11, subdivision 1a; 609.26, subdivision 2; 
                  629.341, subdivision 3; and 631.52, subdivision 1; 
                  Minnesota Statutes 1999 Supplement, sections 119A.45; 
                  257.66, subdivision 3; 494.03; 518.155; 518.165, 
                  subdivision 2; 518.178; 518.551, subdivision 5; 
                  609.26, subdivision 1; and 626.556, subdivision 2; 
                  proposing coding for new law in Minnesota Statutes, 
                  chapter 518. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                   ARTICLE 1
                       PARENTING PLANS AND PARENTING TIME
           Section 1.  Minnesota Statutes 1998, section 518.003, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [PARENTING TIME.] "Parenting time" means the time 
        a parent spends with a child regardless of the custodial 
        designation regarding the child. 
           Sec. 2.  Minnesota Statutes 1998, section 518.131, is 
        amended by adding a subdivision to read: 
           Subd. 11.  [TEMPORARY SUPPORT AND MAINTENANCE.] Temporary 
        support and maintenance may be ordered during the time a 
        parenting plan is being developed under section 518.1705. 
           Sec. 3.  [518.1705] [PARENTING PLANS.] 
           Subdivision 1.  [DEFINITION.] "Domestic abuse" for the 
        purposes of this section has the meaning given in section 
        518B.01, subdivision 2. 
           Subd. 2.  [PLAN ELEMENTS.] (a) A parenting plan must 
        include the following: 
           (1) a schedule of the time each parent spends with the 
        child; 
           (2) a designation of decision-making responsibilities 
        regarding the child; and 
           (3) a method of dispute resolution. 
           (b) A parenting plan may include other issues and matters 
        the parents agree to regarding the child. 
           (c) Parents voluntarily agreeing to parenting plans may 
        substitute other terms for physical and legal custody, including 
        designations of joint or sole custody, provided that the terms 
        used in the substitution are defined in the parenting plan. 
           Subd. 3.  [CREATING PARENTING PLAN; RESTRICTIONS ON 
        CREATION; ALTERNATIVE.] (a) Upon the request of both parents, a 
        parenting plan must be created in lieu of an order for child 
        custody and parenting time unless the court makes detailed 
        findings that the proposed plan is not in the best interests of 
        the child. 
           (b) If both parents do not agree to a parenting plan, the 
        court may create one on its own motion, except that the court 
        must not do so if it finds that a parent has committed domestic 
        abuse against a parent or child who is a party to, or subject 
        of, the matter before the court.  If the court creates a 
        parenting plan on its own motion, it must not use alternative 
        terminology unless the terminology is agreed to by the parties. 
           (c) If an existing order does not contain a parenting plan, 
        the parents must not be required to create a parenting plan as 
        part of a modification order under section 518.64. 
           (d) A parenting plan must not be required during an action 
        under section 256.87. 
           (e) If the parents do not agree to a parenting plan and the 
        court does not create one on its own motion, orders for custody 
        and parenting time must be entered under sections 518.17 and 
        518.175 or section 257.541, as applicable. 
           Subd. 4.  [CUSTODY DESIGNATION.] A final judgment and 
        decree that includes a parenting plan using alternate terms to 
        designate decision-making responsibilities or allocation of 
        residential time between the parents must designate whether the 
        parents have joint legal custody or joint physical custody or 
        which parent has sole legal custody or sole physical custody, or 
        both.  This designation is solely for enforcement of the final 
        judgment and decree where this designation is required for that 
        enforcement and has no effect under the laws of this state, any 
        other state, or another country that do not require this 
        designation. 
           Subd. 5.  [ROLE OF COURT.] If both parents agree to the use 
        of a parenting plan but are unable to agree on all terms, the 
        court may create a parenting plan under this section.  If the 
        court is considering a parenting plan, it may require each 
        parent to submit a proposed parenting plan at any time before 
        entry of the final judgment and decree.  If parents seek the 
        court's assistance in deciding the schedule for each parent's 
        time with the child or designation of decision-making 
        responsibilities regarding the child, the court may order an 
        evaluation and should consider the appointment of a guardian ad 
        litem.  Parenting plans, whether entered on the court's own 
        motion, following a contested hearing, or reviewed by the court 
        pursuant to a stipulation, must be based on the best interests 
        factors in section 518.17 or 257.025, as applicable. 
           Subd. 6.  [RESTRICTIONS ON PREPARATION OF PARENTING 
        PLAN.] (a) Dispute resolution processes other than the judicial 
        process may not be required in the preparation of a parenting 
        plan if a parent is alleged to have committed domestic abuse 
        toward a parent or child who is a party to, or subject of, the 
        matter before the court.  In these cases, the court shall 
        consider the appointment of a guardian ad litem and a parenting 
        plan evaluator.  
           (b) The court may not require a parenting plan that 
        provides for joint legal custody or use of dispute resolution 
        processes, other than the judicial process, if the court finds 
        that section 518.179 applies or the court finds that either 
        parent has engaged in the following toward a parent or child who 
        is a party to, or subject of, the matter before the court: 
           (1) acts of domestic abuse, including physical harm, bodily 
        injury, and infliction of fear of physical harm, assault, 
        terroristic threats, or criminal sexual conduct; 
           (2) physical, sexual, or a pattern of emotional abuse of a 
        child; or 
           (3) willful abandonment that continues for an extended 
        period of time or substantial refusal to perform parenting 
        functions. 
           Subd. 7.  [MOVING THE CHILD TO ANOTHER STATE.] Parents may 
        agree, but the court must not require, that in a parenting plan 
        the factors in section 518.17 or 257.025, as applicable, will 
        govern a decision concerning removal of a child's residence from 
        this state, provided that: 
           (1) both parents were represented by counsel when the 
        parenting plan was approved; or 
           (2) the court found the parents were fully informed, the 
        agreement was voluntary, and the parents were aware of its 
        implications. 
           Subd. 8.  [ALLOCATION OF CERTAIN EXPENSES.] (a) Parents 
        creating a parenting plan are subject to the requirements of the 
        child support guidelines under section 518.551.  
           (b) Parents may include in the parenting plan an allocation 
        of expenses for the child.  The allocation is an enforceable 
        contract between the parents. 
           Subd. 9.  [MODIFICATION OF PARENTING PLANS.] (a) Parents 
        may modify the schedule of the time each parent spends with the 
        child or the decision-making provisions of a parenting plan by 
        agreement.  To be enforceable, modifications must be confirmed 
        by court order.  A motion to modify decision-making provisions 
        or the time each parent spends with the child may be made only 
        within the time limits provided by section 518.18. 
           (b) The parties may agree, but the court must not require 
        them, to apply the best interests standard in section 518.17 or 
        257.025, as applicable, for deciding a motion for modification 
        that would change the child's primary residence, provided that: 
           (1) both parties were represented by counsel when the 
        parenting plan was approved; or 
           (2) the court found the parties were fully informed, the 
        agreement was voluntary, and the parties were aware of its 
        implications. 
           (c) If the parties do not agree to apply the best interests 
        standard, section 518.18, paragraph (d), applies. 
           Sec. 4.  Minnesota Statutes 1998, section 518.175, 
        subdivision 5, is amended to read: 
           Subd. 5.  [MODIFICATION OF VISITATION PARENTING PLAN OR 
        ORDER FOR PARENTING TIME.] If modification would serve the best 
        interests of the child, the court shall modify the 
        decision-making provisions of a parenting plan or an order 
        granting or denying visitation rights whenever modification 
        would serve the best interests of the child parenting time, if 
        the modification would not change the child's primary residence. 
        Except as provided in section 631.52, the court may not restrict 
        visitation rights parenting time unless it finds that:  
           (1) the visitation parenting time is likely to endanger the 
        child's physical or emotional health or impair the child's 
        emotional development; or 
           (2) the noncustodial parent has chronically and 
        unreasonably failed to comply with court-ordered visitation 
        parenting time. 
           If the custodial parent makes specific allegations that 
        visitation parenting time places the custodial parent or child 
        in danger of harm, the court shall hold a hearing at the 
        earliest possible time to determine the need to modify the order 
        granting visitation rights parenting time.  Consistent with 
        subdivision 1a, the court may require a third party, including 
        the local social services agency, to supervise the visitation 
        parenting time or may restrict a parent's visitation 
        rights parenting time if necessary to protect the custodial 
        parent or child from harm.  In addition, if there is an existing 
        order for protection governing the parties, the court shall 
        consider the use of an independent, neutral exchange location 
        for parenting time. 
           Sec. 5.  Minnesota Statutes 1998, section 518.18, is 
        amended to read: 
           518.18 [MODIFICATION OF ORDER.] 
           (a) Unless agreed to in writing by the parties, no motion 
        to modify a custody order or parenting plan may be made earlier 
        than one year after the date of the entry of a decree of 
        dissolution or legal separation containing a provision dealing 
        with custody, except in accordance with paragraph (c). 
           (b) If a motion for modification has been heard, whether or 
        not it was granted, unless agreed to in writing by the parties 
        no subsequent motion may be filed within two years after 
        disposition of the prior motion on its merits, except in 
        accordance with paragraph (c). 
           (c) The time limitations prescribed in paragraphs (a) and 
        (b) shall not prohibit a motion to modify a custody order or 
        parenting plan if the court finds that there is persistent and 
        willful denial or interference with visitation parenting time, 
        or has reason to believe that the child's present environment 
        may endanger the child's physical or emotional health or impair 
        the child's emotional development. 
           (d) If the court has jurisdiction to determine child 
        custody matters, the court shall not modify a prior custody 
        order or a parenting plan provision which specifies the child's 
        primary residence unless it finds, upon the basis of facts, 
        including unwarranted denial of, or interference with, a duly 
        established visitation parenting time schedule, that have arisen 
        since the prior order or that were unknown to the court at the 
        time of the prior order, that a change has occurred in the 
        circumstances of the child or the parties and that the 
        modification is necessary to serve the best interests of the 
        child.  In applying these standards the court shall retain the 
        custody arrangement or the parenting plan provision specifying 
        the child's primary residence that was established by the prior 
        order unless: 
           (i) the court finds that a change in the custody 
        arrangement or primary residence is in the best interests of the 
        child and the parties previously agreed, in a writing approved 
        by a court, to apply the best interests standard in section 
        518.17 or 257.025, as applicable; and, with respect to 
        agreements approved by a court on or after the effective date of 
        this clause, both parties were represented by counsel when the 
        agreement was approved or the court found the parties were fully 
        informed, the agreement was voluntary, and the parties were 
        aware of its implications; 
           (ii) both parties agree to the modification; 
           (ii) (iii) the child has been integrated into the family of 
        the petitioner with the consent of the other party; or 
           (iii) (iv) the child's present environment endangers the 
        child's physical or emotional health or impairs the child's 
        emotional development and the harm likely to be caused by a 
        change of environment is outweighed by the advantage of a change 
        to the child.  
           In addition, a court may modify a custody order or 
        parenting plan under section 631.52.  
           (e) In deciding whether to modify a prior joint custody 
        order, the court shall apply the standards set forth in 
        paragraph (d) unless:  (1) the parties agree in writing to the 
        application of a different standard, or (2) the party seeking 
        the modification is asking the court for permission to move the 
        residence of the child to another state. 
           (f) If a custodial parent has been granted sole physical 
        custody of a minor and the child subsequently lives with the 
        noncustodial parent, and temporary sole physical custody has 
        been approved by the court or by a court-appointed referee, the 
        court may suspend the noncustodial parent's child support 
        obligation pending the final custody determination.  The court's 
        order denying the suspension of child support must include a 
        written explanation of the reasons why continuation of the child 
        support obligation would be in the best interests of the child. 
           Sec. 6.  [518.183] [REPLACING CERTAIN ORDERS.] 
           Upon request of both parties the court must modify an order 
        entered under section 518.17 or 518.175 before the effective 
        date of this act by entering a parenting plan that complies with 
        section 518.1705, unless the court makes detailed findings that 
        entering a parenting plan is not in the best interests of the 
        child.  If only one party makes the request, the court may 
        modify the order by entering a parenting plan that complies with 
        section 518.1705.  The court must apply the standards in section 
        518.18 when considering a motion to enter a parenting plan that 
        would change the child's primary residence.  The court must 
        apply the standards in section 518.17 when considering a motion 
        to enter a parenting plan that would: 
           (1) change decision-making responsibilities of the parents; 
        or 
           (2) change the time each parent spends with the child, but 
        not change the child's primary residence. 
           Sec. 7.  Minnesota Statutes 1998, section 518B.01, 
        subdivision 6, is amended to read: 
           Subd. 6.  [RELIEF BY THE COURT.] (a) Upon notice and 
        hearing, the court may provide relief as follows: 
           (1) restrain the abusing party from committing acts of 
        domestic abuse; 
           (2) exclude the abusing party from the dwelling which the 
        parties share or from the residence of the petitioner; 
           (3) exclude the abusing party from a reasonable area 
        surrounding the dwelling or residence, which area shall be 
        described specifically in the order; 
           (4) award temporary custody or establish temporary 
        visitation parenting time with regard to minor children of the 
        parties on a basis which gives primary consideration to the 
        safety of the victim and the children.  Except for cases in 
        which custody is contested, findings under section 257.025, 
        518.17, or 518.175 are not required.  If the court finds that 
        the safety of the victim or the children will be jeopardized by 
        unsupervised or unrestricted visitation parenting time, the 
        court shall condition or restrict visitation parenting time as 
        to time, place, duration, or supervision, or deny 
        visitation parenting time entirely, as needed to guard the 
        safety of the victim and the children.  The court's decision on 
        custody and visitation parenting time shall in no way delay the 
        issuance of an order for protection granting other reliefs 
        relief provided for in this section.  The court must not enter a 
        parenting plan under section 518.1705 as part of an action for 
        an order for protection; 
           (5) on the same basis as is provided in chapter 518, 
        establish temporary support for minor children or a spouse, and 
        order the withholding of support from the income of the person 
        obligated to pay the support according to chapter 518; 
           (6) provide upon request of the petitioner counseling or 
        other social services for the parties, if married, or if there 
        are minor children; 
           (7) order the abusing party to participate in treatment or 
        counseling services; 
           (8) award temporary use and possession of property and 
        restrain one or both parties from transferring, encumbering, 
        concealing, or disposing of property except in the usual course 
        of business or for the necessities of life, and to account to 
        the court for all such transfers, encumbrances, dispositions, 
        and expenditures made after the order is served or communicated 
        to the party restrained in open court; 
           (9) exclude the abusing party from the place of employment 
        of the petitioner, or otherwise limit access to the petitioner 
        by the abusing party at the petitioner's place of employment; 
           (10) order the abusing party to pay restitution to the 
        petitioner; 
           (11) order the continuance of all currently available 
        insurance coverage without change in coverage or beneficiary 
        designation; and 
           (12) order, in its discretion, other relief as it deems 
        necessary for the protection of a family or household member, 
        including orders or directives to the sheriff, constable, or 
        other law enforcement or corrections officer as provided by this 
        section. 
           (b) Any relief granted by the order for protection shall be 
        for a fixed period not to exceed one year, except when the court 
        determines a longer fixed period is appropriate.  When a referee 
        presides at the hearing on the petition, the order granting 
        relief becomes effective upon the referee's signature. 
           (c) An order granting the relief authorized in paragraph 
        (a), clause (1), may not be vacated or modified in a proceeding 
        for dissolution of marriage or legal separation, except that the 
        court may hear a motion for modification of an order for 
        protection concurrently with a proceeding for dissolution of 
        marriage upon notice of motion and motion.  The notice required 
        by court rule shall not be waived.  If the proceedings are 
        consolidated and the motion to modify is granted, a separate 
        order for modification of an order for protection shall be 
        issued. 
           (d) An order granting the relief authorized in paragraph 
        (a), clause (2) or (3), is not voided by the admittance of the 
        abusing party into the dwelling from which the abusing party is 
        excluded. 
           (e) If a proceeding for dissolution of marriage or legal 
        separation is pending between the parties, the court shall 
        provide a copy of the order for protection to the court with 
        jurisdiction over the dissolution or separation proceeding for 
        inclusion in its file. 
           (f) An order for restitution issued under this subdivision 
        is enforceable as civil judgment. 
           Sec. 8.  [EFFECTIVE DATE.] 
           Section 5, paragraph (d), clause (i), is effective the day 
        following final enactment, and applies to written agreements 
        approved by a court before, on, or after that date.  The 
        remaining provisions of this article are effective January 1, 
        2001. 

                                   ARTICLE 2
                             CONFORMING TERMINOLOGY
           Section 1.  Minnesota Statutes 1998, section 15.87, is 
        amended to read: 
           15.87 [VICTIMS OF VIOLENCE.] 
           In furtherance of the state policy of zero tolerance for 
        violence in section 1.50, the state shall have a goal of 
        providing: 
           (1) every victim of violence in Minnesota, regardless of 
        the county of residence, access to necessary services, 
        including, but not limited to: 
           (i) crisis intervention services, including a 24-hour 
        emergency telephone line; 
           (ii) safe housing; 
           (iii) counseling and peer support services; and 
           (iv) assistance in pursuing legal remedies and appropriate 
        medical care; and 
           (2) every child who is a witness to abuse or who is a 
        victim of violence, access to necessary services, including, but 
        not limited to: 
           (i) crisis child care; 
           (ii) safe supervised child visitation parenting time or 
        independent, neutral exchange locations for parenting time, when 
        needed; 
           (iii) age appropriate counseling and support; and 
           (iv) assistance with legal remedies, medical care, and 
        needed social services.  
           Sec. 2.  Minnesota Statutes 1998, section 119A.37, is 
        amended to read: 
           119A.37 [GRANTS FOR FAMILY VISITATION PARENTING TIME 
        CENTERS.] 
           Subdivision 1.  [PURPOSE.] The commissioner shall issue a 
        request for proposals from existing local nonprofit, 
        nongovernmental, or governmental organizations, to use existing 
        local facilities as family visitation parenting time centers 
        which may also be used for visitation parenting time exchanges.  
        The commissioner shall award grants in amounts up to $50,000 for 
        the purpose of creating or maintaining family visitation 
        parenting time centers in an effort to reduce children's 
        vulnerability to violence and trauma related to family 
        visitation parenting time, where there has been a history of 
        domestic violence or abuse within the family.  The commissioner 
        shall award the grants to provide the greatest possible number 
        of family visitation parenting time centers and to locate them 
        to provide for the broadest possible geographic distribution of 
        the centers throughout the state.  
           Each children's family visitation parenting time center 
        must use existing local facilities to provide a healthy 
        interactive environment for parents who are separated or 
        divorced and for parents with children in foster homes to visit 
        with their children.  The centers must be available for use by 
        district courts who may order visitation parenting time to occur 
        at a family visitation parenting time center.  The centers may 
        also be used as drop-off sites, so that parents who are under 
        court order to have no contact with each other can exchange 
        children for visitation parenting time at a neutral site.  Each 
        center must provide sufficient security to ensure a 
        safe visitation parenting time environment for children and 
        their parents.  A grantee must demonstrate the ability to 
        provide a 25 percent local match, which may include in-kind 
        contributions. 
           Subd. 2.  [COUNTY INVOLVEMENT.] Each county or group of 
        counties is encouraged to provide supervised visitation 
        parenting time services in an effort to fill the gap in the 
        court system that orders supervised visitation parenting time 
        but does not provide a center to accomplish the 
        supervised visitation parenting time as ordered.  Each county or 
        group of counties is encouraged to either financially contribute 
        to an existing family visitation parenting time center in the 
        area, or establish a new center if there is not one in the area, 
        possibly through county social services.  In creating a new 
        center, the county may collaborate with other counties, 
        other family visitation parenting time centers, family services 
        collaboratives, court services, and any other entity or 
        organization.  The goal is to provide family visitation 
        parenting time centers statewide.  The county shall apply for 
        funding that may be available through the federal government, 
        specifically for family preservation or family reunification 
        purposes, or any other source of funding that will aid in 
        developing and maintaining this vital service. 
           Subd. 3.  [FUNDING.] The commissioner may award grants to 
        create or maintain family visitation parenting time centers. 
           In awarding grants to maintain a family visitation 
        parenting time center, the commissioner may award a grant to a 
        center that can demonstrate a 35 percent local match, provided 
        the center is diligently exploring and pursuing all available 
        funding options in an effort to become self-sustaining, and 
        those efforts are reported to the commissioner. 
           In awarding grants to create a family visitation parenting 
        time center, the commissioner shall give priority to: 
           (1) areas of the state where no other family visitation 
        parenting time center or similar facility exists; 
           (2) applicants who demonstrate that private funding for the 
        center is available and will continue; and 
           (3) facilities that are adapted for use to care for 
        children, such as day care centers, religious institutions, 
        community centers, schools, technical colleges, parenting 
        resource centers, and child care referral services.  
           In awarding grants to create or maintain a family 
        visitation parenting time center, the commissioner shall require 
        the proposed center to meet standards developed by the 
        commissioner to ensure the safety of the custodial parent and 
        children. 
           Subd. 4.  [ADDITIONAL SERVICES.] Each family visitation 
        parenting time center may provide parenting and child 
        development classes, and offer support groups to participating 
        custodial parents and hold regular classes designed to assist 
        children who have experienced domestic violence and abuse.  Each 
        family visitation parenting time center must have available an 
        individual knowledgeable about or experienced in the provision 
        of services to battered women on its staff, its board of 
        directors, or otherwise available to it for consultation. 
           Subd. 5.  [ADMINISTRATION.] In administering the grants 
        authorized by this section, the commissioner shall ensure that 
        the term "family visitation parenting time center" is used in 
        all future applications, publicity releases, requests for 
        proposals, and other materials of like nature.  Materials 
        published prior to the enactment of this legislation which use 
        different terms may be distributed by the commissioner until 
        supplies are gone. 
           Sec. 3.  Minnesota Statutes 1999 Supplement, section 
        119A.45, is amended to read: 
           119A.45 [EARLY CHILDHOOD LEARNING AND CHILD PROTECTION 
        FACILITIES.] 
           The commissioner may make grants to state agencies and 
        political subdivisions to construct or rehabilitate facilities 
        for early childhood programs, with priority to centers in 
        counties or municipalities with the highest percentage of 
        children living in poverty.  The commissioner may also make 
        grants to state agencies and political subdivisions to construct 
        or rehabilitate facilities for crisis nurseries or child 
        visitation parenting time centers.  The facilities must be owned 
        by the state or a political subdivision, but may be leased under 
        section 16A.695 to organizations that operate the programs.  The 
        commissioner must prescribe the terms and conditions of the 
        leases.  A grant for an individual facility must not exceed 
        $200,000 for each program that is housed in the facility, up to 
        a maximum of $500,000 for a facility that houses three programs 
        or more.  Programs include Head Start, early childhood and 
        family education programs, and other early childhood 
        intervention programs.  The commissioner must give priority to 
        grants that involve collaboration among sponsors of programs 
        under this section and may give priority to projects that 
        collaborate with child care providers, including all-day and 
        school-age child care programs, special needs care, sick child 
        care, and nontraditional hour care.  The commissioner may give 
        priority to grants for programs that will increase their child 
        care workers' wages as a result of the grant.  At least 25 
        percent of the amounts appropriated for these grants up to 
        $50,000 must utilize youthbuild under sections 268.361 to 
        268.366 or other youth employment and training programs for the 
        labor portion of the construction.  Eligible programs must 
        consult with appropriate labor organizations to deliver 
        education and training.  State appropriations must be matched on 
        a 50 percent basis with nonstate funds.  The matching 
        requirement must apply programwide and not to individual grants. 
           Sec. 4.  Minnesota Statutes 1998, section 124D.23, 
        subdivision 8, is amended to read: 
           Subd. 8.  [PLAN APPROVAL BY THE CHILDREN'S CABINET.] (a) 
        The children's cabinet must approve local plans for 
        collaboratives.  In approving local plans, the children's 
        cabinet must give highest priority to a plan that provides: 
           (1) early intervention and family outreach services; 
           (2) family visitation parenting time services; 
           (3) a continuum of services for children from birth to age 
        18; 
           (4) family preservation services; 
           (5) culturally sensitive approaches for delivering services 
        and utilizing culturally specific organizations; 
           (6) clearly defined outcomes and valid methods of 
        assessment; 
           (7) effective service coordination; 
           (8) participation by the maximum number of jurisdictions 
        and local, county, and state funding sources; 
           (9) integrated community service providers and local 
        resources; 
           (10) integrated transportation services; 
           (11) integrated housing services; and 
           (12) coordinated services that include a children's mental 
        health collaborative authorized by law. 
           (b) The children's cabinet must ensure that the 
        collaboratives established under this section do not conflict 
        with any state or federal policy or program and do not 
        negatively impact the state budget. 
           Sec. 5.  Minnesota Statutes 1998, section 256L.01, 
        subdivision 3a, is amended to read: 
           Subd. 3a.  [FAMILY WITH CHILDREN.] (a) "Family with 
        children" means: 
           (1) parents, their children, and dependent siblings 
        residing in the same household; or 
           (2) grandparents, foster parents, relative caretakers as 
        defined in the medical assistance program, or legal guardians; 
        their wards who are children; and dependent siblings residing in 
        the same household.  
           (b) The term includes children and dependent siblings who 
        are temporarily absent from the household in settings such as 
        schools, camps, or visitation parenting time with noncustodial 
        parents.  
           (c) For purposes of this subdivision, a dependent sibling 
        means an unmarried child who is a full-time student under the 
        age of 25 years who is financially dependent upon a parent, 
        grandparent, foster parent, relative caretaker, or legal 
        guardian.  Proof of school enrollment is required. 
           Sec. 6.  Minnesota Statutes 1998, section 257.541, is 
        amended to read: 
           257.541 [CUSTODY AND VISITATION OF PARENTING TIME WITH 
        CHILDREN BORN OUTSIDE OF MARRIAGE.] 
           Subdivision 1.  [MOTHER'S RIGHT TO CUSTODY.] The biological 
        mother of a child born to a mother who was not married to the 
        child's father neither when the child was born nor and was not 
        married to the child's father when the child was conceived has 
        sole custody of the child until paternity has been established 
        under sections 257.51 to 257.74, or until custody is determined 
        in a separate proceeding under section 518.156.  
           Subd. 2.  [FATHER'S RIGHT TO VISITATION PARENTING TIME AND 
        CUSTODY.] (a) If paternity has been acknowledged under section 
        257.34 and paternity has been established under sections 257.51 
        to 257.74, the father's rights of visitation parenting time or 
        custody are determined under sections 518.17 and 518.175.  
           (b) If paternity has not been acknowledged under section 
        257.34 and paternity has been established under sections 257.51 
        to 257.74, the biological father may petition for rights of 
        visitation parenting time or custody in the paternity proceeding 
        or in a separate proceeding under section 518.156.  
           Subd. 3.  [FATHER'S RIGHT TO VISITATION PARENTING TIME AND 
        CUSTODY; RECOGNITION OF PATERNITY.] If paternity has been 
        recognized under section 257.75, the father may petition for 
        rights of visitation parenting time or custody in an independent 
        action under section 518.156.  The proceeding must be treated as 
        an initial determination of custody under section 518.17.  The 
        provisions of chapter 518 apply with respect to the granting of 
        custody and visitation parenting time.  An action to determine 
        custody and parenting time may be commenced pursuant to chapter 
        518 without an adjudication of parentage.  These proceedings may 
        not be combined with any proceeding under chapter 518B. 
           Sec. 7.  Minnesota Statutes 1999 Supplement, section 
        257.66, subdivision 3, is amended to read: 
           Subd. 3.  [JUDGMENT; ORDER.] The judgment or order shall 
        contain provisions concerning the duty of support, the custody 
        of the child, the name of the child, the social security number 
        of the mother, father, and child, if known at the time of 
        adjudication, visitation privileges parenting time with the 
        child, the furnishing of bond or other security for the payment 
        of the judgment, or any other matter in the best interest of the 
        child.  Custody and visitation parenting time and all subsequent 
        motions related to them shall proceed and be determined under 
        section 257.541.  The remaining matters and all subsequent 
        motions related to them shall proceed and be determined in 
        accordance with chapter 518.  The judgment or order may direct 
        the appropriate party to pay all or a proportion of the 
        reasonable expenses of the mother's pregnancy and confinement, 
        including the mother's lost wages due to medical necessity, 
        after consideration of the relevant facts, including the 
        relative financial means of the parents; the earning ability of 
        each parent; and any health insurance policies held by either 
        parent, or by a spouse or parent of the parent, which would 
        provide benefits for the expenses incurred by the mother during 
        her pregnancy and confinement.  Pregnancy and confinement 
        expenses and genetic testing costs, submitted by the public 
        authority, are admissible as evidence without third-party 
        foundation testimony and constitute prima facie evidence of the 
        amounts incurred for those services or for the genetic testing.  
        Remedies available for the collection and enforcement of child 
        support apply to confinement costs and are considered additional 
        child support. 
           Sec. 8.  Minnesota Statutes 1998, section 257.75, 
        subdivision 3, is amended to read: 
           Subd. 3.  [EFFECT OF RECOGNITION.] Subject to subdivision 2 
        and section 257.55, subdivision 1, paragraph (g) or (h), the 
        recognition has the force and effect of a judgment or order 
        determining the existence of the parent and child relationship 
        under section 257.66.  If the conditions in section 257.55, 
        subdivision 1, paragraph (g) or (h), exist, the recognition 
        creates only a presumption of paternity for purposes of sections 
        257.51 to 257.74.  Once a recognition has been properly executed 
        and filed with the state registrar of vital statistics, if there 
        are no competing presumptions of paternity, a judicial or 
        administrative court may not allow further action to determine 
        parentage regarding the signator of the recognition.  An action 
        to determine custody and parenting time may be commenced 
        pursuant to chapter 518 without an adjudication of parentage.  
        Until an order is entered granting custody to another, the 
        mother has sole custody.  The recognition is: 
           (1) a basis for bringing an action to award custody or 
        visitation rights parenting time to either parent, establishing 
        a child support obligation which may include up to the two years 
        immediately preceding the commencement of the action, ordering a 
        contribution by a parent under section 256.87, or ordering a 
        contribution to the reasonable expenses of the mother's 
        pregnancy and confinement, as provided under section 257.66, 
        subdivision 3, or ordering reimbursement for the costs of blood 
        or genetic testing, as provided under section 257.69, 
        subdivision 2; 
           (2) determinative for all other purposes related to the 
        existence of the parent and child relationship; and 
           (3) entitled to full faith and credit in other 
        jurisdictions.  
           Sec. 9.  Minnesota Statutes 1998, 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 legal custody of the child 
        and must have the consent of every parent who has 
        court-ordered visitation parenting time rights to the child.  As 
        soon as practicable after executing an agreement, a copy of the 
        agreement must be given 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. 10.  Minnesota Statutes 1998, section 257A.03, 
        subdivision 2, is amended to read: 
           Subd. 2.  [NOTICE TO NONCUSTODIAL PARENT; RIGHTS.] (a) As 
        soon as practicable after assuming care of a child, the 
        designated caregiver shall notify any noncustodial parent that 
        the designated caregiver has assumed care of the child. 
           (b) Court-ordered visitation parenting time rights of a 
        noncustodial parent continue while the child is in the care of 
        the designated caregiver, unless otherwise modified by the 
        court.  A designated caregiver 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. 11.  Minnesota Statutes 1998, section 480.30, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CHILD ABUSE; DOMESTIC ABUSE; HARASSMENT.] 
        The supreme court's judicial education program must include 
        ongoing training for district court judges on child and 
        adolescent sexual abuse, domestic abuse, harassment, stalking, 
        and related civil and criminal court issues.  The program must 
        include the following: 
           (1) information about the specific needs of victims; 
           (2) education on the causes of sexual abuse and family 
        violence; 
           (3) education on culturally responsive approaches to 
        serving victims; 
           (4) education on the impacts of domestic abuse and domestic 
        abuse allegations on children and the importance of considering 
        these impacts when making visitation parenting time and child 
        custody decisions under chapter 518; and 
           (5) information on alleged and substantiated reports of 
        domestic abuse, including, but not limited to, department of 
        human services survey data. 
           The program also must emphasize the need for the 
        coordination of court and legal victim advocacy services and 
        include education on sexual abuse and domestic abuse programs 
        and policies within law enforcement agencies and prosecuting 
        authorities as well as the court system.  
           Sec. 12.  Minnesota Statutes 1998, section 494.015, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GUIDELINES.] The state court administrator 
        shall adopt guidelines for use by community dispute resolution 
        programs and training programs for mediators and arbitrators for 
        the community dispute resolution programs.  The guidelines must 
        include provisions to ensure that participation in dispute 
        resolution is voluntary, procedures for case processing, and 
        program certification criteria that must be met to receive court 
        referrals.  The guidelines must include: 
           (1) standards for training mediators and arbitrators to 
        recognize matters involving violence against a person; and 
           (2) training in family law matters that must be completed 
        by mediators before acceptance of postdissolution property 
        distribution matters and postdissolution visitation parenting 
        time matters. 
           Sec. 13.  Minnesota Statutes 1999 Supplement, section 
        494.03, is amended to read: 
           494.03 [EXCLUSIONS.] 
           The guidelines shall exclude:  
           (1) any dispute involving violence against persons, in 
        which incidents arising out of situations that would support 
        charges under sections 609.221 to 609.2231, 609.342 to 609.345, 
        609.365, or any other felony charges; 
           (2) any matter involving competency or civil commitment; 
           (3) any matter involving a person who has been adjudicated 
        incompetent or relating to guardianship or conservatorship 
        unless the incompetent person is accompanied by a competent 
        advocate or the respondent in a guardianship or conservatorship 
        matter is represented by an attorney, guardian ad litem, or 
        other representative appointed by the court; 
           (4) any matter involving neglect or dependency, or 
        involving termination of parental rights arising under sections 
        260C.301 to 260C.328; and 
           (5) any matter arising under section 626.557 or sections 
        144.651 to 144.652, or any dispute subject to chapters 518 and 
        518B, whether or not an action is pending, except for 
        postdissolution property distribution matters and 
        postdissolution visitation parenting time matters.  This shall 
        not restrict the present authority of the court or departments 
        of the court from accepting for resolution a dispute arising 
        under chapters 518 and 518B, or from referring disputes arising 
        under chapters 518 and 518A to for-profit mediation. 
           Sec. 14.  Minnesota Statutes 1998, section 517.08, 
        subdivision 1c, is amended to read: 
           Subd. 1c.  [DISPOSITION OF LICENSE FEE.] Of the marriage 
        license fee collected pursuant to subdivision 1b, the court 
        administrator shall pay $55 to the state treasurer to be 
        deposited as follows: 
           (1) $50 in the general fund; 
           (2) $3 in the special revenue fund to be appropriated to 
        the commissioner of children, families, and learning for 
        supervised visitation parenting time facilities under section 
        119A.37; and 
           (3) $2 in the special revenue fund to be appropriated to 
        the commissioner of health for developing and implementing the 
        MN ENABL program under section 145.9255. 
           Sec. 15.  Minnesota Statutes 1998, section 518.003, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CUSTODY.] Unless otherwise agreed by the parties:
           (a) "Legal custody" means the right to determine the 
        child's upbringing, including education, health care, and 
        religious training.  
           (b) "Joint legal custody" means that both parents have 
        equal rights and responsibilities, including the right to 
        participate in major decisions determining the child's 
        upbringing, including education, health care, and religious 
        training.  
           (c) "Physical custody and residence" means the routine 
        daily care and control and the residence of the child.  
           (d) "Joint physical custody" means that the routine daily 
        care and control and the residence of the child is structured 
        between the parties.  
           (e) Wherever used in this chapter, the term "custodial 
        parent" or "custodian" means the person who has the physical 
        custody of the child at any particular time.  
           (f) "Custody determination" means a court decision and 
        court orders and instructions providing for the custody of a 
        child, including visitation rights parenting time, but does not 
        include a decision relating to child support or any other 
        monetary obligation of any person.  
           (g) "Custody proceeding" includes proceedings in which a 
        custody determination is one of several issues, such as an 
        action for dissolution, divorce, or separation, and includes 
        proceedings involving children who are in need of protection or 
        services, domestic abuse, and paternity. 
           Sec. 16.  Minnesota Statutes 1998, section 518.131, 
        subdivision 1, is amended to read: 
           Subdivision 1.  In a proceeding brought for custody, 
        dissolution, or legal separation, or for disposition of 
        property, maintenance, or child support following the 
        dissolution of a marriage, either party may, by motion, request 
        from the court and the court may grant a temporary order pending 
        the final disposition of the proceeding to or for:  
           (a) Temporary custody and visitation rights of parenting 
        time regarding the minor children of the parties; 
           (b) Temporary maintenance of either spouse; 
           (c) Temporary child support for the children of the 
        parties; 
           (d) Temporary costs and reasonable attorney fees; 
           (e) Award the temporary use and possession, exclusive or 
        otherwise, of the family home, furniture, household goods, 
        automobiles, and other property of the parties; 
           (f) Restrain one or both parties from transferring, 
        encumbering, concealing, or disposing of property except in the 
        usual course of business or for the necessities of life, and to 
        account to the court for all such transfers, encumbrances, 
        dispositions, and expenditures made after the order is served or 
        communicated to the party restrained in open court; 
           (g) Restrain one or both parties from harassing, vilifying, 
        mistreating, molesting, disturbing the peace, or restraining the 
        liberty of the other party or the children of the parties; 
           (h) Restrain one or both parties from removing any minor 
        child of the parties from the jurisdiction of the court; 
           (i) Exclude a party from the family home of the parties or 
        from the home of the other party; and 
           (j) Require one or both of the parties to perform or to not 
        perform such additional acts as will facilitate the just and 
        speedy disposition of the proceeding, or will protect the 
        parties or their children from physical or emotional harm.  
           Sec. 17.  Minnesota Statutes 1998, section 518.131, 
        subdivision 2, is amended to read: 
           Subd. 2.  No temporary order shall:  
           (a) Deny visitation rights parenting time to a noncustodial 
        parent unless the court finds that visitation parenting time by 
        the noncustodial parent is likely to cause physical or emotional 
        harm to the child; 
           (b) Exclude a party from the family home of the parties 
        unless the court finds that physical or emotional harm to one of 
        the parties or to the children of the parties is likely to 
        result, or that the exclusion is reasonable in the 
        circumstances; or 
           (c) Vacate or modify an order granted under section 
        518B.01, subdivision 6, paragraph (a), clause (1), restraining 
        an abusing party from committing acts of domestic abuse, except 
        that the court may hear a motion for modification of an order 
        for protection concurrently with a proceeding for dissolution of 
        marriage upon notice of motion and motion.  The notice required 
        by court rule shall not be waived.  If the proceedings are 
        consolidated and the motion to modify is granted, a separate 
        order for modification of an order for protection shall be 
        issued. 
           Sec. 18.  Minnesota Statutes 1998, section 518.131, 
        subdivision 3, is amended to read: 
           Subd. 3.  A party may request and the court may make an ex 
        parte restraining order which may include any matter that may be 
        included in a temporary order except:  
           (a) A restraining order may not exclude either party from 
        the family home of the parties except upon a finding by the 
        court of immediate danger of physical harm to the other party or 
        the children of either party; and 
           (b) A restraining order may not deny visitation parenting 
        time to either party or grant custody of the minor children to 
        either party except upon a finding by the court of immediate 
        danger of physical harm to the minor children of the parties.  
           Sec. 19.  Minnesota Statutes 1998, section 518.131, 
        subdivision 7, is amended to read: 
           Subd. 7.  The court shall be guided by the factors set 
        forth in sections 518.551 (concerning child support), 518.552 
        (concerning maintenance), 518.17 to 518.175 (concerning custody 
        and visitation parenting time), and 518.14 (concerning costs and 
        attorney fees) in making temporary orders and restraining orders.
           Sec. 20.  Minnesota Statutes 1999 Supplement, section 
        518.155, is amended to read: 
           518.155 [CUSTODY DETERMINATIONS.] 
           Notwithstanding any law to the contrary, a court in which a 
        proceeding for dissolution, legal separation, or child custody 
        has been commenced shall not issue, revise, modify or amend any 
        order, pursuant to sections 518.131, 518.165, 518.168, 518.17, 
        518.175 or 518.18, which affects the custody of a minor child or 
        the visitation rights parenting time of a noncustodial parent 
        unless the court has jurisdiction over the matter pursuant to 
        the provisions of chapter 518D. 
           Sec. 21.  Minnesota Statutes 1998, section 518.156, is 
        amended to read: 
           518.156 [COMMENCEMENT OF CUSTODY PROCEEDING.] 
           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 visitation of 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.  
           Subd. 2.  [REQUIRED NOTICE.] Written notice of a child 
        custody or parenting time or visitation proceeding shall be 
        given to the child's parent, guardian, and custodian, who may 
        appear and be heard and may file a responsive pleading.  The 
        court may, upon a showing of good cause, permit the intervention 
        of other interested parties. 
           Sec. 22.  Minnesota Statutes 1998, section 518.157, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [IMPLEMENTATION; ADMINISTRATION.] By 
        January 1, 1998, the chief judge of each judicial district or a 
        designee shall implement one or more parent education programs 
        within the judicial district for the purpose of educating 
        parents about the impact that divorce, the restructuring of 
        families, and judicial proceedings have upon children and 
        families; methods for preventing visitation parenting time 
        conflicts; and dispute resolution options.  The chief judge of 
        each judicial district or a designee may require that children 
        attend a separate education program designed to deal with the 
        impact of divorce upon children as part of the parent education 
        program.  Each parent education program must enable persons to 
        have timely and reasonable access to education sessions. 
           Sec. 23.  Minnesota Statutes 1998, section 518.157, 
        subdivision 3, is amended to read: 
           Subd. 3.  [ATTENDANCE.] In a proceeding under this chapter 
        or sections 257.51 to 257.75 where custody or visitation 
        parenting time is contested, the parents of a minor child shall 
        attend an orientation and education program that meets the 
        minimum standards promulgated by the Minnesota supreme court.  
        In all other proceedings involving custody, support, 
        or visitation parenting time the court may order the parents of 
        a minor child to attend a parent education program.  The program 
        shall provide the court with names of persons who fail to attend 
        the parent education program as ordered by the court.  Persons 
        who are separated or contemplating involvement in a dissolution, 
        paternity, custody, or visitation parenting time proceeding may 
        attend a parent education program without a court order.  
        Participation in a parent education program must occur as early 
        as possible.  Parent education programs must offer an 
        opportunity to participate at all phases of a pending or 
        postdecree proceeding.  Upon request of a party and a showing of 
        good cause, the court may excuse the party from attending the 
        program.  If past or present domestic abuse, as defined in 
        chapter 518B, is alleged, the court shall not require the 
        parties to attend the same parent education sessions and shall 
        enter an order setting forth the manner in which the parties may 
        safely participate in the program. 
           Sec. 24.  Minnesota Statutes 1998, section 518.165, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PERMISSIVE APPOINTMENT OF GUARDIAN AD 
        LITEM.] In all proceedings for child custody or for dissolution 
        or legal separation where custody or visitation of parenting 
        time with a minor child is in issue, the court may appoint a 
        guardian ad litem from a panel established by the court to 
        represent the interests of the child.  The guardian ad litem 
        shall advise the court with respect to custody, support, 
        and visitation parenting time.  
           Sec. 25.  Minnesota Statutes 1999 Supplement, section 
        518.165, subdivision 2, is amended to read: 
           Subd. 2.  [REQUIRED APPOINTMENT OF GUARDIAN AD LITEM.] In 
        all proceedings for child custody or for marriage dissolution or 
        legal separation in which custody or visitation of parenting 
        time with a minor child is an issue, if the court has reason to 
        believe that the minor child is a victim of domestic child abuse 
        or neglect, as those terms are defined in sections 260C.007 and 
        626.556, respectively, the court shall appoint a guardian ad 
        litem.  The guardian ad litem shall represent the interests of 
        the child and advise the court with respect to custody, support, 
        and visitation parenting time.  If the child is represented by a 
        guardian ad litem in any other pending proceeding, the court may 
        appoint that guardian to represent the child in the custody 
        or visitation parenting time proceeding.  No guardian ad litem 
        need be appointed if the alleged domestic child abuse or neglect 
        is before the court on a juvenile dependency and neglect 
        petition.  Nothing in this subdivision requires the court to 
        appoint a guardian ad litem in any proceeding for child custody, 
        marriage dissolution, or legal separation in which an allegation 
        of domestic child abuse or neglect has not been made. 
           Sec. 26.  Minnesota Statutes 1998, section 518.175, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GENERAL.] (a) In all proceedings for 
        dissolution or legal separation, subsequent to the commencement 
        of the proceeding and continuing thereafter during the minority 
        of the child, the court shall, upon the request of either 
        parent, grant such rights of visitation parenting time on behalf 
        of the child and noncustodial parent as will enable the child 
        and the noncustodial parent to maintain a child to parent 
        relationship that will be in the best interests of the child.  
        If the court finds, after a hearing, that visitation parenting 
        time is likely to endanger the child's physical or emotional 
        health or impair the child's emotional development, the court 
        shall restrict visitation by parenting time with the 
        noncustodial parent as to time, place, duration, or supervision 
        and may deny visitation parenting time entirely, as the 
        circumstances warrant.  The court shall consider the age of the 
        child and the child's relationship with the noncustodial parent 
        prior to the commencement of the proceeding.  A parent's failure 
        to pay support because of the parent's inability to do so shall 
        not be sufficient cause for denial of visitation parenting time. 
           (b) The court may provide that a law enforcement officer or 
        other appropriate person will accompany a party seeking to 
        enforce or comply with visitation parenting time. 
           (c) Upon request of either party, to the extent practicable 
        a visitation an order for parenting time must include a specific 
        schedule for visitation parenting time, including the frequency 
        and duration of visitation and visitation during holidays and 
        vacations, unless visitation parenting time is restricted, 
        denied, or reserved. 
           (d) The court administrator shall provide a form for a pro 
        se motion regarding visitation parenting time disputes, which 
        includes provisions for indicating the relief requested, an 
        affidavit in which the party may state the facts of the dispute, 
        and a brief description of the visitation parenting time 
        expeditor process under section 518.1751.  The form may not 
        include a request for a change of custody.  The court shall 
        provide instructions on serving and filing the motion. 
           Sec. 27.  Minnesota Statutes 1998, section 518.175, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [DOMESTIC ABUSE; SUPERVISED VISITATION PARENTING 
        TIME.] (a) If a custodial parent requests supervised visitation 
        parenting time under subdivision 1 or 5 and an order for 
        protection under chapter 518B or a similar law of another state 
        is in effect against the noncustodial parent to protect the 
        custodial parent or the child, the judge or judicial officer 
        must consider the order for protection in making a decision 
        regarding visitation parenting time. 
           (b) The state court administrator, in consultation with 
        representatives of custodial and noncustodial parents and other 
        interested persons, shall develop standards to be met by persons 
        who are responsible for supervising visitation parenting time.  
        Either parent may challenge the appropriateness of an individual 
        chosen by the court to supervise visitation parenting time. 
           Sec. 28.  Minnesota Statutes 1998, section 518.175, 
        subdivision 2, is amended to read: 
           Subd. 2.  [RIGHTS OF CHILDREN AND NONCUSTODIAL PARENT.] 
        Upon the request of either parent, the court may inform any 
        child of the parties, if eight years of age or older, or 
        otherwise of an age of suitable comprehension, of the rights of 
        the child and the noncustodial parent under the order or decree 
        or any substantial amendment thereof.  The custodial parent 
        shall present the child for visitation by parenting time with 
        the noncustodial parent, at such times as the court directs. 
           Sec. 29.  Minnesota Statutes 1998, section 518.175, 
        subdivision 3, is amended to read: 
           Subd. 3.  [MOVE TO ANOTHER STATE.] The custodial parent 
        shall not move the residence of the child to another state 
        except upon order of the court or with the consent of the 
        noncustodial parent, when the noncustodial parent has been given 
        visitation rights parenting time by the decree.  If the purpose 
        of the move is to interfere with visitation rights parenting 
        time given to the noncustodial parent by the decree, the court 
        shall not permit the child's residence to be moved to another 
        state. 
           Sec. 30.  Minnesota Statutes 1998, section 518.175, 
        subdivision 6, is amended to read: 
           Subd. 6.  [REMEDIES.] (a) The court may provide for one or 
        more of the following remedies for denial of or interference 
        with court-ordered visitation parenting time as provided under 
        this subdivision.  All visitation parenting time orders must 
        include notice of the provisions of this subdivision. 
           (b) If the court finds that a person has been deprived of 
        court-ordered visitation parenting time, the court shall order 
        the custodial parent to permit additional visits parenting time 
        to compensate for the visitation parenting time of which the 
        person was deprived or the court shall make specific findings as 
        to why a request for compensatory visitation parenting time is 
        denied.  If compensatory visitation parenting time is awarded, 
        additional visits parenting time must be: 
           (1) at least of the same type and duration as the deprived 
        visit parenting time and, at the discretion of the court, may be 
        in excess of or of a different type than the deprived visit 
        parenting time; 
           (2) taken within one year after the deprived visit 
        parenting time; and 
           (3) at a time acceptable to the person deprived of 
        visitation parenting time. 
           (c) If the court finds that a party has wrongfully failed 
        to comply with a visitation parenting time order or a binding 
        agreement or decision under section 518.1751, the court may: 
           (1) impose a civil penalty of up to $500 on the party; 
           (2) require the party to post a bond with the court for a 
        specified period of time to secure the party's compliance; 
           (3) award reasonable attorney's fees and costs; 
           (4) require the party who violated the visitation parenting 
        time order or binding agreement or decision of the visitation 
        parenting time expeditor to reimburse the other party for costs 
        incurred as a result of the violation of the order or agreement 
        or decision; or 
           (5) award any other remedy that the court finds to be in 
        the best interests of the children involved. 
           A civil penalty imposed under this paragraph must be 
        deposited in the county general fund and must be used to fund 
        the costs of a visitation parenting time expeditor program in a 
        county with this program.  In other counties, the civil penalty 
        must be deposited in the state general fund. 
           (d) If the court finds that a party has been denied 
        visitation parenting time and has incurred expenses in 
        connection with the denied visitation parenting time, the court 
        may require the party who denied visitation parenting time to 
        post a bond in favor of the other party in the amount of prepaid 
        expenses associated with an upcoming planned 
        visitation parenting time. 
           (e) Proof of an unwarranted denial of or interference with 
        duly established visitation parenting time may constitute 
        contempt of court and may be sufficient cause for reversal of 
        custody. 
           Sec. 31.  Minnesota Statutes 1998, section 518.175, 
        subdivision 8, is amended to read: 
           Subd. 8.  [CARE OF CHILD BY NONCUSTODIAL PARENT.] The court 
        may allow additional visitation parenting time to the 
        noncustodial parent to provide child care while the custodial 
        parent is working if this arrangement is reasonable and in the 
        best interests of the child, as defined in section 518.17, 
        subdivision 1.  In addition, the court shall consider: 
           (1) the ability of the parents to cooperate; 
           (2) methods for resolving disputes regarding the care of 
        the child, and the parents' willingness to use those methods; 
        and 
           (3) whether domestic abuse, as defined in section 518B.01, 
        has occurred between the parties. 
           Sec. 32.  Minnesota Statutes 1998, section 518.1751, is 
        amended to read: 
           518.1751 [VISITATION PARENTING TIME DISPUTE RESOLUTION.] 
           Subdivision 1.  [VISITATION PARENTING TIME EXPEDITOR.] Upon 
        request of either party, the parties' stipulation, or upon the 
        court's own motion, the court may appoint a visitation parenting 
        time expeditor to resolve visitation parenting time disputes 
        that occur under a visitation parenting time order while a 
        matter is pending under this chapter, chapter 257 or 518A, or 
        after a decree is entered.  
           Subd. 1a.  [EXCEPTIONS.] A party may not be required to 
        refer a visitation parenting time dispute to a visitation 
        parenting time expeditor under this section if: 
           (1) one of the parties claims to be the victim of domestic 
        abuse by the other party; 
           (2) the court determines there is probable cause that one 
        of the parties or a child of the parties has been physically 
        abused or threatened with physical abuse by the other party; or 
           (3) the party is unable to pay the costs of the expeditor, 
        as provided under subdivision 2a. 
           If the court is satisfied that the parties have been 
        advised by counsel and have agreed to use the visitation 
        parenting time expeditor process and the process does not 
        involve face-to-face meeting of the parties, the court may 
        direct that the visitation parenting time expeditor process be 
        used. 
           Subd. 1b.  [PURPOSE; DEFINITIONS.] (a) The purpose of a 
        visitation parenting time expeditor is to resolve visitation 
        parenting time disputes by enforcing, interpreting, clarifying, 
        and addressing circumstances not specifically addressed by an 
        existing visitation parenting time order and, if appropriate, to 
        make a determination as to whether the existing visitation 
        parenting time order has been violated.  A visitation parenting 
        time expeditor may be appointed to resolve a one-time visitation 
        parenting time dispute or to provide ongoing 
        visitation parenting time dispute resolution services. 
           (b) For purposes of this section, "visitation parenting 
        time dispute" means a disagreement among parties 
        about visitation parenting time with a child, including a 
        dispute about an anticipated denial of a future scheduled 
        visit parenting time.  "Visitation Parenting time dispute" 
        includes a claim by a custodial parent that a noncustodial 
        parent is not visiting spending time with a child as well as a 
        claim by a noncustodial parent that a custodial parent is 
        denying or interfering with visitation parenting time. 
           (c) A "visitation parenting time expeditor" is a neutral 
        person authorized to use a mediation-arbitration process to 
        resolve visitation parenting time disputes.  A visitation 
        parenting time expeditor shall attempt to resolve a 
        visitation parenting time dispute by facilitating negotiations 
        between the parties to promote settlement and, if it becomes 
        apparent that the dispute cannot be resolved by an agreement of 
        the parties, the visitation parenting time expeditor shall make 
        a decision resolving the dispute. 
           Subd. 2.  [APPOINTMENT.] (a) The parties may stipulate to 
        the appointment of a visitation parenting time expeditor or a 
        team of two expeditors without appearing in court by submitting 
        to the court a written agreement identifying the names of the 
        individuals to be appointed by the court; the nature of the 
        dispute; the responsibilities of the visitation parenting time 
        expeditor, including whether the expeditor is appointed to 
        resolve a specific issue or on an ongoing basis; the term of the 
        appointment; and the apportionment of fees and costs.  The court 
        shall review the agreement of the parties.  
           (b) If the parties cannot agree on a visitation parenting 
        time expeditor, the court shall provide to the parties a copy of 
        the court administrator's roster of visitation parenting time 
        expeditors and require the parties to exchange the names of 
        three potential visitation parenting time expeditors by a 
        specific date.  If after exchanging names the parties are unable 
        to agree upon a visitation parenting time expeditor, the court 
        shall select the visitation parenting time expeditor and, in its 
        discretion, may appoint one expeditor or a team of two 
        visitation expeditors.  In the selection process the court must 
        give consideration to the financial circumstances of the parties 
        and the fees of those being considered as visitation parenting 
        time expeditors.  Preference must be given to persons who agree 
        to volunteer their services or who will charge a variable fee 
        for services based on the ability of the parties to pay for them.
           (c) An order appointing a visitation parenting time 
        expeditor must identify the name of the individual to be 
        appointed, the nature of the dispute, the responsibilities of 
        the visitation expeditor including whether the expeditor is 
        appointed to resolve a specific issue or on an ongoing basis, 
        the term of the appointment, the apportionment of fees, and 
        notice that if the parties are unable to reach an agreement with 
        the assistance of the visitation expeditor, the visitation 
        expeditor is authorized to make a decision resolving the dispute 
        which is binding upon the parties unless modified or vacated by 
        the court. 
           Subd. 2a.  [FEES.] Prior to appointing the visitation 
        parenting time expeditor, the court shall give the parties 
        notice that the fees of the visitation expeditor will be 
        apportioned among the parties.  In its order appointing 
        the visitation expeditor, the court shall apportion the fees of 
        the visitation expeditor among the parties, with each party 
        bearing the portion of fees that the court determines is just 
        and equitable under the circumstances.  If a party files a pro 
        se motion regarding a visitation parenting time dispute and 
        there is not a court order that provides for apportionment of 
        the fees of an expeditor, the court administrator may require 
        the party requesting the appointment of an expeditor to pay the 
        fees of the expeditor in advance.  Neither party may be required 
        to submit a dispute to a visitation expeditor if the party 
        cannot afford to pay for the fees of an expeditor and an 
        affordable expeditor is not available, unless the other party 
        agrees to pay the fees.  After fees are incurred, a party may by 
        motion request that the fees be reapportioned on equitable 
        grounds.  The court may consider the resources of the parties, 
        the nature of the dispute, and whether a party acted in bad 
        faith.  The court may consider information from the expeditor in 
        determining bad faith. 
           Subd. 2b.  [ROSTER OF VISITATION PARENTING TIME 
        EXPEDITORS.] Each court administrator shall maintain and make 
        available to the public and judicial officers a roster of 
        individuals available to serve as visitation parenting time 
        expeditors, including each individual's name, address, telephone 
        number, and fee charged, if any.  A court administrator shall 
        not place on the roster the name of an individual who has not 
        completed the training required in subdivision 2c.  If the use 
        of a visitation parenting time expeditor is initiated by 
        stipulation of the parties, the parties may agree upon a person 
        to serve as a visitation an expeditor even if that person has 
        not completed the training described in subdivision 2c.  The 
        court may appoint a person to serve as a visitation an expeditor 
        even if the person is not on the court administrator's roster, 
        but may not appoint a person who has not completed the training 
        described in subdivision 2c, unless so stipulated by the 
        parties.  To maintain one's listing on a court administrator's 
        roster of visitation parenting time expeditors, an individual 
        shall annually submit to the court administrator proof of 
        completion of continuing education requirements. 
           Subd. 2c.  [TRAINING AND CONTINUING EDUCATION 
        REQUIREMENTS.] To qualify for listing on a court administrator's 
        roster of visitation parenting time expeditors, an individual 
        shall complete a minimum of 40 hours of family mediation 
        training that has been certified by the Minnesota supreme court, 
        which must include certified training in domestic abuse issues 
        as required under Rule 114 of the Minnesota General Rules of 
        Practice for the District Courts.  To maintain one's listing on 
        a court administrator's roster of visitation parenting time 
        expeditors, an individual shall annually attend three hours of 
        continuing education about alternative dispute resolution 
        subjects.  
           Subd. 3.  [AGREEMENT OR DECISION.] (a) Within five days of 
        notice of the appointment, or within five days of notice of a 
        subsequent visitation parenting time dispute between the same 
        parties, the visitation parenting time expeditor shall meet with 
        the parties together or separately and shall make a diligent 
        effort to facilitate an agreement to resolve the visitation 
        dispute.  If a visitation parenting time dispute requires 
        immediate resolution, the visitation parenting time expeditor 
        may confer with the parties through a telephone conference or 
        similar means.  An expeditor may make a decision without 
        conferring with a party if the expeditor made a good faith 
        effort to confer with the party, but the party chose not to 
        participate in resolution of the dispute. 
           (b) If the parties do not reach an agreement, the expeditor 
        shall make a decision resolving the dispute as soon as possible 
        but not later than five days after receiving all information 
        necessary to make a decision and after the final meeting or 
        conference with the parties.  The visitation expeditor is 
        authorized to award compensatory visitation parenting time under 
        section 518.175, subdivision 6, and may recommend to the court 
        that the noncomplying party pay attorney's fees, court costs, 
        and other costs under section 518.175, subdivision 6, paragraph 
        (d), if the visitation parenting time order has been violated.  
        The visitation expeditor shall not lose authority to make a 
        decision if circumstances beyond the visitation expeditor's 
        control make it impracticable to meet the five-day timelines. 
           (c) Unless the parties mutually agree, the visitation 
        parenting time expeditor shall not make a decision that is 
        inconsistent with an existing visitation parenting time order, 
        but may make decisions interpreting or clarifying a visitation 
        parenting time order, including the development of a specific 
        schedule when the existing court order grants 
        "reasonable visitation parenting time."  
           (d) The expeditor shall put an agreement or decision in 
        writing and provide a copy to the parties.  The visitation 
        expeditor may include or omit reasons for the agreement or 
        decision.  An agreement of the parties or a decision of the 
        visitation expeditor is binding on the parties unless vacated or 
        modified by the court.  If a party does not comply with an 
        agreement of the parties or a decision of the expeditor, any 
        party may bring a motion with the court and shall attach a copy 
        of the parties' written agreement or decision of the expeditor.  
        The court may enforce, modify, or vacate the agreement of the 
        parties or the decision of the expeditor. 
           Subd. 4.  [OTHER AGREEMENTS.] This section does not 
        preclude the parties from voluntarily agreeing to submit their 
        visitation parenting time dispute to a neutral third party or 
        from otherwise resolving visitation parenting time disputes on a 
        voluntary basis. 
           Subd. 4a.  [CONFIDENTIALITY.] (a) Statements made and 
        documents produced as part of the visitation parenting time 
        expeditor process which are not otherwise discoverable are not 
        subject to discovery or other disclosure and are not admissible 
        into evidence for any purpose at trial or in any other 
        proceeding, including impeachment. 
           (b) Sworn testimony may be used in subsequent proceedings 
        for any purpose for which it is admissible under the rules of 
        evidence.  Visitation Parenting time expeditors, and lawyers for 
        the parties to the extent of their participation in 
        the visitation parenting time expeditor process, must not be 
        subpoenaed or called as witnesses in court proceedings. 
           (c) Notes, records, and recollections of visitation 
        parenting time expeditors are confidential and must not be 
        disclosed to the parties, the public, or anyone other than 
        the visitation parenting time expeditor unless:  
           (1) all parties and the visitation expeditor agree in 
        writing to the disclosure; or 
           (2) disclosure is required by law or other applicable 
        professional codes. 
           Notes and records of visitation parenting time expeditors 
        must not be disclosed to the court unless after a hearing the 
        court determines that the notes or records should be reviewed in 
        camera.  Those notes or records must not be released by the 
        court unless it determines that they disclose information 
        showing illegal violation of the criminal law of the state. 
           Subd. 5.  [IMMUNITY.] A visitation parenting time expeditor 
        is immune from civil liability for actions taken or not taken 
        when acting under this section. 
           Subd. 5a.  [REMOVAL.] If a visitation parenting time 
        expeditor has been appointed on a long-term basis, a party or 
        the visitation expeditor may file a motion seeking to have the 
        expeditor removed for good cause shown. 
           Subd. 6.  [MANDATORY VISITATION PARENTING TIME DISPUTE 
        RESOLUTION.] Subject to subdivision 1a, a judicial district may 
        establish a mandatory visitation parenting time dispute 
        resolution program as provided in this subdivision.  In a 
        district where a program has been established, parties may be 
        required to submit visitation parenting time disputes to 
        a visitation parenting time expeditor as a prerequisite to a 
        motion on the dispute being heard by the court, or either party 
        may submit the dispute to a visitation an expeditor.  A party 
        may file a motion with the court for purposes of obtaining a 
        court date, if necessary, but a hearing may not be held until 
        resolution of the dispute with the visitation parenting time 
        expeditor.  The appointment of a visitation an expeditor must be 
        in accordance with subdivision 2.  Visitation Expeditor fees 
        must be paid in accordance with subdivision 2a.  
           Sec. 33.  Minnesota Statutes 1998, section 518.176, 
        subdivision 2, is amended to read: 
           Subd. 2.  If both parents or all contestants agree to the 
        order, or if the court finds that in the absence of the order 
        the child's physical or emotional health is likely to be 
        endangered or the child's emotional development impaired, the 
        court may order the local social services agency or the 
        department of court services to exercise continuing supervision 
        over the case under guidelines established by the court to 
        assure that the custodial or visitation parenting time terms of 
        the decree are carried out. 
           Sec. 34.  Minnesota Statutes 1998, section 518.177, is 
        amended to read: 
           518.177 [NOTIFICATION REGARDING DEPRIVATION OF PARENTAL 
        RIGHTS LAW.] 
           Every court order and judgment and decree concerning 
        custody of or parenting time or visitation with a minor child 
        shall contain the notice set out in section 518.68, subdivision 
        2.  
           Sec. 35.  Minnesota Statutes 1999 Supplement, section 
        518.178, is amended to read: 
           518.178 [VISITATION PARENTING TIME AND SUPPORT REVIEW 
        HEARING.] 
           Upon motion of either party, the court shall conduct a 
        hearing to review compliance with the visitation parenting time 
        and child support provisions set forth in a decree of 
        dissolution or legal separation or an order that establishes 
        child custody, visitation parenting time, and support rights and 
        obligations of parents.  The state court administrator shall 
        prepare, and each court administrator shall make available, 
        simplified pro se forms for reviewing visitation parenting time 
        and child support disputes.  The court may impose any visitation 
        parenting time enforcement remedy available under sections 
        518.175 and 518.1751, and any support enforcement remedy 
        available under section 518.551. 
           Sec. 36.  Minnesota Statutes 1998, section 518.179, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SEEKING CUSTODY OR VISITATION PARENTING 
        TIME.] Notwithstanding any contrary provision in section 518.17 
        or 518.175, if a person seeking child custody or visitation 
        parenting time has been convicted of a crime described in 
        subdivision 2, the person seeking custody or visitation 
        parenting time has the burden to prove that custody 
        or visitation parenting time by that person is in the best 
        interests of the child if: 
           (1) the conviction occurred within the preceding five 
        years; 
           (2) the person is currently incarcerated, on probation, or 
        under supervised release for the offense; or 
           (3) the victim of the crime was a family or household 
        member as defined in section 518B.01, subdivision 2.  
           If this section applies, the court may not grant custody or 
        visitation parenting time to the person unless it finds that the 
        custody or visitation parenting time is in the best interests of 
        the child.  If the victim of the crime was a family or household 
        member, the standard of proof is clear and convincing evidence.  
        A guardian ad litem must be appointed in any case where this 
        section applies. 
           Sec. 37.  Minnesota Statutes 1999 Supplement, section 
        518.551, subdivision 5, is amended to read: 
           Subd. 5.  [NOTICE TO PUBLIC AUTHORITY; GUIDELINES.] (a) The 
        petitioner shall notify the public authority of all proceedings 
        for dissolution, legal separation, determination of parentage or 
        for the custody of a child, if either party is receiving public 
        assistance or applies for it subsequent to the commencement of 
        the proceeding.  The notice must contain the full names of the 
        parties to the proceeding, their social security account 
        numbers, and their birth dates.  After receipt of the notice, 
        the court shall set child support as provided in this 
        subdivision.  The court may order either or both parents owing a 
        duty of support to a child of the marriage to pay an amount 
        reasonable or necessary for the child's support, without regard 
        to marital misconduct.  The court shall approve a child support 
        stipulation of the parties if each party is represented by 
        independent counsel, unless the stipulation does not meet the 
        conditions of paragraph (i).  In other cases the court shall 
        determine and order child support in a specific dollar amount in 
        accordance with the guidelines and the other factors set forth 
        in paragraph (c) and any departure therefrom.  The court may 
        also order the obligor to pay child support in the form of a 
        percentage share of the obligor's net bonuses, commissions, or 
        other forms of compensation, in addition to, or if the obligor 
        receives no base pay, in lieu of, an order for a specific dollar 
        amount. 
           (b) The court shall derive a specific dollar amount for 
        child support by multiplying the obligor's net income by the 
        percentage indicated by the following guidelines:  
        Net Income Per            Number of Children 
        Month of Obligor 
                      1     2     3     4     5     6    7 or 
                                                         more 
        $550 and Below     Order based on the ability of the 
                           obligor to provide support  
                           at these income levels, or at higher  
                           levels, if the obligor has 
                           the earning ability. 
        $551 - 600   16%   19%   22%   25%   28%   30%   32% 
        $601 - 650   17%   21%   24%   27%   29%   32%   34% 
        $651 - 700   18%   22%   25%   28%   31%   34%   36% 
        $701 - 750   19%   23%   27%   30%   33%   36%   38% 
        $751 - 800   20%   24%   28%   31%   35%   38%   40% 
        $801 - 850   21%   25%   29%   33%   36%   40%   42% 
        $851 - 900   22%   27%   31%   34%   38%   41%   44% 
        $901 - 950   23%   28%   32%   36%   40%   43%   46% 
        $951 - 1000  24%   29%   34%   38%   41%   45%   48% 
        $1001- 5000  25%   30%   35%   39%   43%   47%   50% 
        or the amount 
        in effect under
        paragraph (k)
           Guidelines for support for an obligor with a monthly income 
        in excess of the income limit currently in effect under 
        paragraph (k) shall be the same dollar amounts as provided for 
        in the guidelines for an obligor with a monthly income equal to 
        the limit in effect. 
        Net Income defined as: 
                 
                 Total monthly 
                 income less           *(i) Federal Income Tax 
                                      *(ii) State Income Tax 
                                      (iii) Social Security
                                             Deductions 
                                       (iv) Reasonable
                                             Pension Deductions
                 *Standard 
                 Deductions apply-      (v) Union Dues 
                 use of tax tables     (vi) Cost of Dependent Health
                 recommended                 Insurance Coverage  
                                      (vii) Cost of Individual or Group
                                             Health/Hospitalization
                                             Coverage or an        
                                             Amount for Actual 
                                             Medical Expenses   
                                     (viii) A Child Support or  
                                             Maintenance Order that is
                                             Currently Being Paid. 
           "Net income" does not include: 
           (1) the income of the obligor's spouse, but does include 
        in-kind payments received by the obligor in the course of 
        employment, self-employment, or operation of a business if the 
        payments reduce the obligor's living expenses; or 
           (2) compensation received by a party for employment in 
        excess of a 40-hour work week, provided that: 
           (i) support is nonetheless ordered in an amount at least 
        equal to the guidelines amount based on income not excluded 
        under this clause; and 
           (ii) the party demonstrates, and the court finds, that: 
           (A) the excess employment began after the filing of the 
        petition for dissolution; 
           (B) the excess employment reflects an increase in the work 
        schedule or hours worked over that of the two years immediately 
        preceding the filing of the petition; 
           (C) the excess employment is voluntary and not a condition 
        of employment; 
           (D) the excess employment is in the nature of additional, 
        part-time or overtime employment compensable by the hour or 
        fraction of an hour; and 
           (E) the party's compensation structure has not been changed 
        for the purpose of affecting a support or maintenance obligation.
           The court shall review the work-related and 
        education-related child care costs paid and shall allocate the 
        costs to each parent in proportion to each parent's net income, 
        as determined under this subdivision, after the transfer of 
        child support and spousal maintenance, unless the allocation 
        would be substantially unfair to either parent.  There is a 
        presumption of substantial unfairness if after the sum total of 
        child support, spousal maintenance, and child care costs is 
        subtracted from the noncustodial parent's income, the income is 
        at or below 100 percent of the federal poverty guidelines.  The 
        cost of child care for purposes of this paragraph is 75 percent 
        of the actual cost paid for child care, to reflect the 
        approximate value of state and federal tax credits available to 
        the custodial parent.  The actual cost paid for child care is 
        the total amount received by the child care provider for the 
        child or children of the obligor from the obligee or any public 
        agency.  The court shall require verification of employment or 
        school attendance and documentation of child care expenses from 
        the obligee and the public agency, if applicable.  If child care 
        expenses fluctuate during the year because of seasonal 
        employment or school attendance of the obligee or extended 
        periods of visitation parenting time with the obligor, the court 
        shall determine child care expenses based on an average monthly 
        cost.  The amount allocated for child care expenses is 
        considered child support but is not subject to a cost-of-living 
        adjustment under section 518.641.  The amount allocated for 
        child care expenses terminates when either party notifies the 
        public authority that the child care costs have ended and 
        without any legal action on the part of either party.  The 
        public authority shall verify the information received under 
        this provision before authorizing termination.  The termination 
        is effective as of the date of the notification.  In other cases 
        where there is a substantial increase or decrease in child care 
        expenses, the parties may modify the order under section 518.64. 
           The court may allow the noncustodial parent to care for the 
        child while the custodial parent is working, as provided in 
        section 518.175, subdivision 8.  Allowing the noncustodial 
        parent to care for the child under section 518.175, subdivision 
        8, is not a reason to deviate from the guidelines. 
           (c) In addition to the child support guidelines, the court 
        shall take into consideration the following factors in setting 
        or modifying child support or in determining whether to deviate 
        from the guidelines: 
           (1) all earnings, income, and resources of the parents, 
        including real and personal property, but excluding income from 
        excess employment of the obligor or obligee that meets the 
        criteria of paragraph (b), clause (2)(ii); 
           (2) the financial needs and resources, physical and 
        emotional condition, and educational needs of the child or 
        children to be supported; 
           (3) the standard of living the child would have enjoyed had 
        the marriage not been dissolved, but recognizing that the 
        parents now have separate households; 
           (4) which parent receives the income taxation dependency 
        exemption and what financial benefit the parent receives from 
        it; 
           (5) the parents' debts as provided in paragraph (d); and 
           (6) the obligor's receipt of public assistance under the 
        AFDC program formerly codified under sections 256.72 to 256.82 
        or 256B.01 to 256B.40 and chapter 256J or 256K.  
           (d) In establishing or modifying a support obligation, the 
        court may consider debts owed to private creditors, but only if: 
           (1) the right to support has not been assigned under 
        section 256.741; 
           (2) the court determines that the debt was reasonably 
        incurred for necessary support of the child or parent or for the 
        necessary generation of income.  If the debt was incurred for 
        the necessary generation of income, the court shall consider 
        only the amount of debt that is essential to the continuing 
        generation of income; and 
           (3) the party requesting a departure produces a sworn 
        schedule of the debts, with supporting documentation, showing 
        goods or services purchased, the recipient of them, the amount 
        of the original debt, the outstanding balance, the monthly 
        payment, and the number of months until the debt will be fully 
        paid. 
           (e) Any schedule prepared under paragraph (d), clause (3), 
        shall contain a statement that the debt will be fully paid after 
        the number of months shown in the schedule, barring emergencies 
        beyond the party's control.  
           (f) Any further departure below the guidelines that is 
        based on a consideration of debts owed to private creditors 
        shall not exceed 18 months in duration, after which the support 
        shall increase automatically to the level ordered by the court.  
        Nothing in this section shall be construed to prohibit one or 
        more step increases in support to reflect debt retirement during 
        the 18-month period.  
           (g) If payment of debt is ordered pursuant to this section, 
        the payment shall be ordered to be in the nature of child 
        support.  
           (h) Nothing shall preclude the court from receiving 
        evidence on the above factors to determine if the guidelines 
        should be exceeded or modified in a particular case.  
           (i) The guidelines in this subdivision are a rebuttable 
        presumption and shall be used in all cases when establishing or 
        modifying child support.  If the court does not deviate from the 
        guidelines, the court shall make written findings concerning the 
        amount of the obligor's income used as the basis for the 
        guidelines calculation and any other significant evidentiary 
        factors affecting the determination of child support.  If the 
        court deviates from the guidelines, the court shall make written 
        findings giving the amount of support calculated under the 
        guidelines, the reasons for the deviation, and shall 
        specifically address the criteria in paragraph (c) and how the 
        deviation serves the best interest of the child.  The court may 
        deviate from the guidelines if both parties agree and the court 
        makes written findings that it is in the best interests of the 
        child, except that in cases where child support payments are 
        assigned to the public agency under section 256.741, the court 
        may deviate downward only as provided in paragraph (j).  Nothing 
        in this paragraph prohibits the court from deviating in other 
        cases.  The provisions of this paragraph apply whether or not 
        the parties are each represented by independent counsel and have 
        entered into a written agreement.  The court shall review 
        stipulations presented to it for conformity to the guidelines 
        and the court is not required to conduct a hearing, but the 
        parties shall provide the documentation of earnings required 
        under subdivision 5b. 
           (j) If the child support payments are assigned to the 
        public agency under section 256.741, the court may not deviate 
        downward from the child support guidelines unless the court 
        specifically finds that the failure to deviate downward would 
        impose an extreme hardship on the obligor. 
           (k) The dollar amount of the income limit for application 
        of the guidelines must be adjusted on July 1 of every 
        even-numbered year to reflect cost-of-living changes.  The 
        supreme court shall select the index for the adjustment from the 
        indices listed in section 518.641.  The state court 
        administrator shall make the changes in the dollar amount 
        required by this paragraph available to courts and the public on 
        or before April 30 of the year in which the amount is to change. 
           (l) In establishing or modifying child support, if a child 
        receives a child's insurance benefit under United States Code, 
        title 42, section 402, because the obligor is entitled to old 
        age or disability insurance benefits, the amount of support 
        ordered shall be offset by the amount of the child's benefit.  
        The court shall make findings regarding the obligor's income 
        from all sources, the child support amount calculated under this 
        section, the amount of the child's benefit, and the obligor's 
        child support obligation.  Any benefit received by the child in 
        a given month in excess of the child support obligation shall 
        not be treated as an arrearage payment or a future payment. 
           Sec. 38.  Minnesota Statutes 1998, section 518.612, is 
        amended to read: 
           518.612 [INDEPENDENCE OF PROVISIONS OF DECREE OR TEMPORARY 
        ORDER.] 
           Failure by a party to make support payments is not a 
        defense to:  interference with visitation rights parenting time; 
        or without the permission of the court or the noncustodial 
        parent removing a child from this state.  Nor is interference 
        with visitation rights parenting time or taking a child from 
        this state without permission of the court or the noncustodial 
        parent a defense to nonpayment of support.  If a party fails to 
        make support payments, or interferes with visitation rights 
        parenting time, or without permission of the court or the 
        noncustodial parent removes a child from this state, the other 
        party may petition the court for an appropriate order.  
           Sec. 39.  Minnesota Statutes 1998, section 518.619, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [MEDIATION PROCEEDING.] Except as provided 
        in subdivision 2, if it appears on the face of the petition or 
        other application for an order or modification of an order for 
        the custody of a child that custody or visitation parenting time 
        is contested, or that any issue pertinent to a custody or 
        visitation parenting time determination, including visitation 
        parenting time rights, is unresolved, the matter may be set for 
        mediation of the contested issue prior to, concurrent with, or 
        subsequent to the setting of the matter for hearing.  The 
        purpose of the mediation proceeding is to reduce acrimony which 
        may exist between the parties and to develop an agreement that 
        is supportive of the child's best interests.  The mediator shall 
        use best efforts to effect a settlement of the custody 
        or visitation parenting time dispute, but shall have no coercive 
        authority. 
           Sec. 40.  Minnesota Statutes 1998, section 518.68, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [REQUIREMENT.] Every court order or 
        judgment and decree that provides for child support, spousal 
        maintenance, custody, or visitation parenting time must contain 
        certain notices as set out in subdivision 2.  The information in 
        the notices must be concisely stated in plain language.  The 
        notices must be in clearly legible print, but may not exceed two 
        pages.  An order or judgment and decree without the notice 
        remains subject to all statutes.  The court may waive all or 
        part of the notice required under subdivision 2 relating to 
        parental rights under section 518.17, subdivision 3, if it finds 
        it is necessary to protect the welfare of a party or child. 
           Sec. 41.  Minnesota Statutes 1998, section 518.68, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CONTENTS.] The required notices must be 
        substantially as follows: 
                                IMPORTANT NOTICE 
        1.  PAYMENTS TO PUBLIC AGENCY 
           According to Minnesota Statutes, section 518.551, 
           subdivision 1, payments ordered for maintenance and support 
           must be paid to the public agency responsible for child 
           support enforcement as long as the person entitled to 
           receive the payments is receiving or has applied for public 
           assistance or has applied for support and maintenance 
           collection services.  MAIL PAYMENTS TO: 
        2.  DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A 
        FELONY 
           A person may be charged with a felony who conceals a minor 
           child or takes, obtains, retains, or fails to return a 
           minor child from or to the child's parent (or person with 
           custodial or visitation rights), according to Minnesota 
           Statutes, section 609.26.  A copy of that section is 
           available from any district court clerk. 
        3.  RULES OF SUPPORT, MAINTENANCE, VISITATION PARENTING TIME 
           (a) Payment of support or spousal maintenance is to be as 
           ordered, and the giving of gifts or making purchases of 
           food, clothing, and the like will not fulfill the 
           obligation. 
           (b) Payment of support must be made as it becomes due, and 
           failure to secure or denial of rights of visitation 
           parenting time is NOT an excuse for nonpayment, but the 
           aggrieved party must seek relief through a proper motion 
           filed with the court. 
           (c) Nonpayment of support is not grounds to deny visitation 
           parenting time.  The party entitled to receive support may 
           apply for support and collection services, file a contempt 
           motion, or obtain a judgment as provided in Minnesota 
           Statutes, section 548.091.  
           (d) The payment of support or spousal maintenance takes 
           priority over payment of debts and other obligations. 
           (e) A party who accepts additional obligations of support 
           does so with the full knowledge of the party's prior 
           obligation under this proceeding. 
           (f) Child support or maintenance is based on annual income, 
           and it is the responsibility of a person with seasonal 
           employment to budget income so that payments are made 
           throughout the year as ordered. 
           (g) If there is a layoff or a pay reduction, support may be 
           reduced as of the time of the layoff or pay reduction if a 
           motion to reduce the support is served and filed with the 
           court at that time, but any such reduction must be ordered 
           by the court.  The court is not permitted to reduce support 
           retroactively, except as provided in Minnesota Statutes, 
           section 518.64, subdivision 2, paragraph (c).  
           (h) Reasonable visitation parenting time guidelines are 
           contained in Appendix B, which is available from the court 
           administrator. 
        4.  PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17, 
        SUBDIVISION 3 
           Unless otherwise provided by the Court: 
           (a) 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.  Presentation of a copy of this 
           order to the custodian of a record or other information 
           about the minor children constitutes sufficient 
           authorization for the release of the record or information 
           to the requesting party. 
           (b) Each party shall keep the other 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. 
           (c) 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. 
           (d) Each party has the right of reasonable access and 
           telephone contact with the minor children. 
        5.  WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE 
           Child support and/or spousal maintenance may be withheld 
           from income, with or without notice to the person obligated 
           to pay, when the conditions of Minnesota Statutes, section 
           518.6111 have been met.  A copy of those sections is 
           available from any district court clerk. 
        6.  CHANGE OF ADDRESS OR RESIDENCE 
           Unless otherwise ordered, each party shall notify the other 
           party, the court, and the public authority responsible for 
           collection, if applicable, of the following information 
           within ten days of any change:  the residential and mailing 
           address, telephone number, driver's license number, social 
           security number, and name, address, and telephone number of 
           the employer. 
        7.  COST OF LIVING INCREASE OF SUPPORT AND MAINTENANCE 
           Child support and/or spousal maintenance may be adjusted 
           every two years based upon a change in the cost of living 
           (using Department of Labor Consumer Price Index .........., 
           unless otherwise specified in this order) when the 
           conditions of Minnesota Statutes, section 518.641, are met. 
           Cost of living increases are compounded.  A copy of 
           Minnesota Statutes, section 518.641, and forms necessary to 
           request or contest a cost of living increase are available 
           from any district court clerk. 
        8.  JUDGMENTS FOR UNPAID SUPPORT 
           If a person fails to make a child support payment, the 
           payment owed becomes a judgment against the person 
           responsible to make the payment by operation of law on or 
           after the date the payment is due, and the person entitled 
           to receive the payment or the public agency may obtain 
           entry and docketing of the judgment WITHOUT NOTICE to the 
           person responsible to make the payment under Minnesota 
           Statutes, section 548.091.  Interest begins to accrue on a 
           payment or installment of child support whenever the unpaid 
           amount due is greater than the current support due, 
           according to Minnesota Statutes, section 548.091, 
           subdivision 1a.  
        9.  JUDGMENTS FOR UNPAID MAINTENANCE 
           A judgment for unpaid spousal maintenance may be entered 
           when the conditions of Minnesota Statutes, section 548.091, 
           are met.  A copy of that section is available from any 
           district court clerk. 
        10.  ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD 
        SUPPORT 
           A judgment for attorney fees and other collection costs 
           incurred in enforcing a child support order will be entered 
           against the person responsible to pay support when the 
           conditions of section 518.14, subdivision 2, are met.  A 
           copy of section 518.14 and forms necessary to request or 
           contest these attorney fees and collection costs are 
           available from any district court clerk. 
        11.  VISITATION PARENTING TIME EXPEDITOR PROCESS 
           On request of either party or on its own motion, the court 
           may appoint a visitation parenting time expeditor to 
           resolve visitation parenting time disputes under Minnesota 
           Statutes, section 518.1751.  A copy of that section and a 
           description of the expeditor process is available from any 
           district court clerk. 
        12.  VISITATION PARENTING TIME REMEDIES AND PENALTIES 
           Remedies and penalties for the wrongful denial of 
           visitation rights parenting time are available under 
           Minnesota Statutes, section 518.175, subdivision 6.  These 
           include compensatory visitation parenting time; civil 
           penalties; bond requirements; contempt; and reversal of 
           custody.  A copy of that subdivision and forms for 
           requesting relief are available from any district court 
           clerk. 
           Sec. 42.  Minnesota Statutes 1998, section 518B.01, 
        subdivision 4, is amended to read: 
           Subd. 4.  [ORDER FOR PROTECTION.] There shall exist an 
        action known as a petition for an order for protection in cases 
        of domestic abuse.  
           (a) A petition for relief under this section may be made by 
        any family or household member personally or by a family or 
        household member, a guardian as defined in section 524.1-201, 
        clause (20), or, if the court finds that it is in the best 
        interests of the minor, by a reputable adult age 25 or older on 
        behalf of minor family or household members.  A minor age 16 or 
        older may make a petition on the minor's own behalf against a 
        spouse or former spouse, or a person with whom the minor has a 
        child in common, if the court determines that the minor has 
        sufficient maturity and judgment and that it is in the best 
        interests of the minor. 
           (b) A petition for relief shall allege the existence of 
        domestic abuse, and shall be accompanied by an affidavit made 
        under oath stating the specific facts and circumstances from 
        which relief is sought.  
           (c) A petition for relief must state whether the petitioner 
        has ever had an order for protection in effect against the 
        respondent. 
           (d) A petition for relief must state whether there is an 
        existing order for protection in effect under this chapter 
        governing both the parties and whether there is a pending 
        lawsuit, complaint, petition or other action between the parties 
        under chapter 257, 518, 518A, 518B, or 518C.  The court 
        administrator shall verify the terms of any existing order 
        governing the parties.  The court may not delay granting relief 
        because of the existence of a pending action between the parties 
        or the necessity of verifying the terms of an existing order.  A 
        subsequent order in a separate action under this chapter may 
        modify only the provision of an existing order that grants 
        relief authorized under subdivision 6, paragraph (a), clause 
        (1).  A petition for relief may be granted, regardless of 
        whether there is a pending action between the parties.  
           (e) The court shall provide simplified forms and clerical 
        assistance to help with the writing and filing of a petition 
        under this section.  
           (f) The court shall advise a petitioner under paragraph (e) 
        of the right to file a motion and affidavit and to sue in forma 
        pauperis pursuant to section 563.01 and shall assist with the 
        writing and filing of the motion and affidavit.  
           (g) The court shall advise a petitioner under paragraph (e) 
        of the right to serve the respondent by published notice under 
        subdivision 5, paragraph (b), if the respondent is avoiding 
        personal service by concealment or otherwise, and shall assist 
        with the writing and filing of the affidavit. 
           (h) The court shall advise the petitioner of the right to 
        seek restitution under the petition for relief. 
           (i) The court shall advise the petitioner of the right to 
        request a hearing under subdivision 7, paragraph (c).  If the 
        petitioner does not request a hearing, the court shall advise 
        the petitioner that the respondent may request a hearing and 
        that notice of the hearing date and time will be provided to the 
        petitioner by mail at least five days before the hearing. 
           (j) The court shall advise the petitioner of the right to 
        request supervised visitation parenting time, as provided in 
        section 518.175, subdivision 1a. 
           Sec. 43.  Minnesota Statutes 1998, section 518B.01, 
        subdivision 8, is amended to read: 
           Subd. 8.  [SERVICE; ALTERNATE SERVICE; PUBLICATION; 
        NOTICE.] (a) The petition and any order issued under this 
        section shall be served on the respondent personally. 
           (b) When service is made out of this state and in the 
        United States, it may be proved by the affidavit of the person 
        making the service.  When service is made outside the United 
        States, it may be proved by the affidavit of the person making 
        the service, taken before and certified by any United States 
        minister, charge d'affaires, commissioner, consul, or commercial 
        agent, or other consular or diplomatic officer of the United 
        States appointed to reside in the other country, including all 
        deputies or other representatives of the officer authorized to 
        perform their duties; or before an office authorized to 
        administer an oath with the certificate of an officer of a court 
        of record of the country in which the affidavit is taken as to 
        the identity and authority of the officer taking the affidavit.  
           (c) If personal service cannot be made, the court may order 
        service of the petition and any order issued under this section 
        by alternate means, or by publication, which publication must be 
        made as in other actions.  The application for alternate service 
        must include the last known location of the respondent; the 
        petitioner's most recent contacts with the respondent; the last 
        known location of the respondent's employment; the names and 
        locations of the respondent's parents, siblings, children, and 
        other close relatives; the names and locations of other persons 
        who are likely to know the respondent's whereabouts; and a 
        description of efforts to locate those persons. 
           The court shall consider the length of time the 
        respondent's location has been unknown, the likelihood that the 
        respondent's location will become known, the nature of the 
        relief sought, and the nature of efforts made to locate the 
        respondent.  The court shall order service by first class mail, 
        forwarding address requested, to any addresses where there is a 
        reasonable possibility that mail or information will be 
        forwarded or communicated to the respondent.  
           The court may also order publication, within or without the 
        state, but only if it might reasonably succeed in notifying the 
        respondent of the proceeding.  Service shall be deemed complete 
        14 days after mailing or 14 days after court-ordered publication.
           (d) A petition and any order issued under this section must 
        include a notice to the respondent that if an order for 
        protection is issued to protect the petitioner or a child of the 
        parties, upon request of the petitioner in any visitation 
        parenting time proceeding, the court shall consider the order 
        for protection in making a decision regarding visitation 
        parenting time.  
           Sec. 44.  Minnesota Statutes 1998, section 519.11, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [POSTNUPTIAL CONTRACT.] (a) Spouses who are 
        legally married under the laws of this state may enter into a 
        postnuptial contract or settlement which is valid and 
        enforceable if it: 
           (1) complies with the requirements for antenuptial 
        contracts or settlements in this section and in the law of this 
        state, including, but not limited to, the requirement that it be 
        procedurally and substantively fair and equitable both at the 
        time of its execution and at the time of its enforcement; and 
           (2) complies with the requirements for postnuptial 
        contracts or settlements in this section. 
           (b) A postnuptial contract or settlement that conforms with 
        this section may determine all matters that may be determined by 
        an antenuptial contract or settlement under the law of this 
        state, except that a postnuptial contract or settlement may not 
        determine the rights of any child of the spouses to child 
        support from either spouse or rights of child custody or 
        visitation parenting time. 
           (c) A postnuptial contract or settlement is valid and 
        enforceable only if at the time of its execution each spouse is 
        represented by separate legal counsel. 
           (d) A postnuptial contract or settlement is valid and 
        enforceable only if at the time of its execution each of the 
        spouses entering into the contract or settlement has marital 
        property titled in that spouse's name, nonmarital property, or a 
        combination of marital property titled in that spouse's name and 
        nonmarital property with a total net value exceeding $1,200,000. 
           (e) A postnuptial contract or settlement is not valid or 
        enforceable if either party commences an action for a legal 
        separation or dissolution within two years of the date of its 
        execution. 
           (f) Nothing in this section shall impair the validity or 
        enforceability of a contract, agreement, or waiver which is 
        entered into after marriage and which is described in chapter 
        524, article 2, part 2, further, a conveyance permitted by 
        section 500.19 is not a postnuptial contract or settlement under 
        this section. 
           Sec. 45.  Minnesota Statutes 1999 Supplement, section 
        609.26, subdivision 1, is amended to read: 
           Subdivision 1.  [PROHIBITED ACTS.] Whoever intentionally 
        does any of the following acts may be charged with a felony and, 
        upon conviction, may be sentenced as provided in subdivision 6:  
           (1) conceals a minor child from the child's parent where 
        the action manifests an intent substantially to deprive that 
        parent of parental rights or conceals a minor child from another 
        person having the right to visitation parenting time or custody 
        where the action manifests an intent to substantially deprive 
        that person of rights to visitation parenting time or custody; 
           (2) takes, obtains, retains, or fails to return a minor 
        child in violation of a court order which has transferred legal 
        custody under chapter 260, 260B, or 260C to the commissioner of 
        human services, a child-placing agency, or the local social 
        services agency; 
           (3) takes, obtains, retains, or fails to return a minor 
        child from or to the parent in violation of a court order, where 
        the action manifests an intent substantially to deprive that 
        parent of rights to visitation parenting time or custody; 
           (4) takes, obtains, retains, or fails to return a minor 
        child from or to a parent after commencement of an action 
        relating to child visitation parenting time or custody but prior 
        to the issuance of an order determining custody or visitation 
        parenting time rights, where the action manifests an intent 
        substantially to deprive that parent of parental rights; 
           (5) retains a child in this state with the knowledge that 
        the child was removed from another state in violation of any of 
        the above provisions; 
           (6) refuses to return a minor child to a parent or lawful 
        custodian and is at least 18 years old and more than 24 months 
        older than the child; 
           (7) causes or contributes to a child being a habitual 
        truant as defined in section 260C.007, subdivision 19, and is at 
        least 18 years old and more than 24 months older than the child; 
           (8) causes or contributes to a child being a runaway as 
        defined in section 260C.007, subdivision 20, and is at least 18 
        years old and more than 24 months older than the child; or 
           (9) is at least 18 years old and resides with a minor under 
        the age of 16 without the consent of the minor's parent or 
        lawful custodian. 
           Sec. 46.  Minnesota Statutes 1998, section 609.26, 
        subdivision 2, is amended to read: 
           Subd. 2.  [DEFENSES.] It is an affirmative defense if a 
        person charged under subdivision 1 proves that: 
           (1) the person reasonably believed the action taken was 
        necessary to protect the child from physical or sexual assault 
        or substantial emotional harm; 
           (2) the person reasonably believed the action taken was 
        necessary to protect the person taking the action from physical 
        or sexual assault; 
           (3) the action taken is consented to by the parent, 
        stepparent, or legal custodian seeking prosecution, but consent 
        to custody or specific visitation parenting time is not consent 
        to the action of failing to return or concealing a minor child; 
        or 
           (4) the action taken is otherwise authorized by a court 
        order issued prior to the violation of subdivision 1.  
           The defenses provided in this subdivision are in addition 
        to and do not limit other defenses available under this chapter 
        or chapter 611. 
           Sec. 47.  Minnesota Statutes 1999 Supplement, section 
        626.556, subdivision 2, is amended to read: 
           Subd. 2.  [DEFINITIONS.] As used in this section, the 
        following terms have the meanings given them unless the specific 
        content indicates otherwise: 
           (a) "Sexual abuse" means the subjection of a child by a 
        person responsible for the child's care, by a person who has a 
        significant relationship to the child, as defined in section 
        609.341, or by a person in a position of authority, as defined 
        in section 609.341, subdivision 10, to any act which constitutes 
        a violation of section 609.342 (criminal sexual conduct in the 
        first degree), 609.343 (criminal sexual conduct in the second 
        degree), 609.344 (criminal sexual conduct in the third degree), 
        609.345 (criminal sexual conduct in the fourth degree), or 
        609.3451 (criminal sexual conduct in the fifth degree).  Sexual 
        abuse also includes any act which involves a minor which 
        constitutes a violation of prostitution offenses under sections 
        609.321 to 609.324 or 617.246.  Sexual abuse includes threatened 
        sexual abuse.  
           (b) "Person responsible for the child's care" means (1) an 
        individual functioning within the family unit and having 
        responsibilities for the care of the child such as a parent, 
        guardian, or other person having similar care responsibilities, 
        or (2) an individual functioning outside the family unit and 
        having responsibilities for the care of the child such as a 
        teacher, school administrator, or other lawful custodian of a 
        child having either full-time or short-term care 
        responsibilities including, but not limited to, day care, 
        babysitting whether paid or unpaid, counseling, teaching, and 
        coaching.  
           (c) "Neglect" means: 
           (1) failure by a person responsible for a child's care to 
        supply a child with necessary food, clothing, shelter, health, 
        medical, or other care required for the child's physical or 
        mental health when reasonably able to do so; 
           (2) failure to protect a child from conditions or actions 
        which imminently and seriously endanger the child's physical or 
        mental health when reasonably able to do so; 
           (3) failure to provide for necessary supervision or child 
        care arrangements appropriate for a child after considering 
        factors as the child's age, mental ability, physical condition, 
        length of absence, or environment, when the child is unable to 
        care for the child's own basic needs or safety, or the basic 
        needs or safety of another child in their care; 
           (4) failure to ensure that the child is educated as defined 
        in sections 120A.22 and 260C.163, subdivision 11; 
           (5) nothing in this section shall be construed to mean that 
        a child is neglected solely because the child's parent, 
        guardian, or other person responsible for the child's care in 
        good faith selects and depends upon spiritual means or prayer 
        for treatment or care of disease or remedial care of the child 
        in lieu of medical care; except that a parent, guardian, or 
        caretaker, or a person mandated to report pursuant to 
        subdivision 3, has a duty to report if a lack of medical care 
        may cause serious danger to the child's health.  This section 
        does not impose upon persons, not otherwise legally responsible 
        for providing a child with necessary food, clothing, shelter, 
        education, or medical care, a duty to provide that care; 
           (6) prenatal exposure to a controlled substance, as defined 
        in section 253B.02, subdivision 2, used by the mother for a 
        nonmedical purpose, as evidenced by withdrawal symptoms in the 
        child at birth, results of a toxicology test performed on the 
        mother at delivery or the child at birth, or medical effects or 
        developmental delays during the child's first year of life that 
        medically indicate prenatal exposure to a controlled substance; 
           (7) "medical neglect" as defined in section 260C.007, 
        subdivision 4, clause (5); 
           (8) that the parent or other person responsible for the 
        care of the child: 
           (i) engages in violent behavior that demonstrates a 
        disregard for the well-being of the child as indicated by action 
        that could reasonably result in serious physical, mental, or 
        threatened injury, or emotional damage to the child; 
           (ii) engages in repeated domestic assault that would 
        constitute a violation of section 609.2242, subdivision 2 or 4; 
           (iii) intentionally inflicts or attempts to inflict bodily 
        harm against a family or household member, as defined in section 
        518B.01, subdivision 2, that is within sight or sound of the 
        child; or 
           (iv) subjects the child to ongoing domestic violence by the 
        abuser in the home environment that is likely to have a 
        detrimental effect on the well-being of the child; 
           (9) chronic and severe use of alcohol or a controlled 
        substance by a parent or person responsible for the care of the 
        child that adversely affects the child's basic needs and safety; 
        or 
           (10) emotional harm from a pattern of behavior which 
        contributes to impaired emotional functioning of the child which 
        may be demonstrated by a substantial and observable effect in 
        the child's behavior, emotional response, or cognition that is 
        not within the normal range for the child's age and stage of 
        development, with due regard to the child's culture. 
           (d) "Physical abuse" means any physical injury, mental 
        injury, or threatened injury, inflicted by a person responsible 
        for the child's care on a child other than by accidental means, 
        or any physical or mental injury that cannot reasonably be 
        explained by the child's history of injuries, or any aversive 
        and deprivation procedures that have not been authorized under 
        section 245.825.  Abuse does not include reasonable and moderate 
        physical discipline of a child administered by a parent or legal 
        guardian which does not result in an injury.  Actions which are 
        not reasonable and moderate include, but are not limited to, any 
        of the following that are done in anger or without regard to the 
        safety of the child: 
           (1) throwing, kicking, burning, biting, or cutting a child; 
           (2) striking a child with a closed fist; 
           (3) shaking a child under age three; 
           (4) striking or other actions which result in any 
        nonaccidental injury to a child under 18 months of age; 
           (5) unreasonable interference with a child's breathing; 
           (6) threatening a child with a weapon, as defined in 
        section 609.02, subdivision 6; 
           (7) striking a child under age one on the face or head; 
           (8) purposely giving a child poison, alcohol, or dangerous, 
        harmful, or controlled substances which were not prescribed for 
        the child by a practitioner, in order to control or punish the 
        child; or other substances that substantially affect the child's 
        behavior, motor coordination, or judgment or that results in 
        sickness or internal injury, or subjects the child to medical 
        procedures that would be unnecessary if the child were not 
        exposed to the substances; or 
           (9) unreasonable physical confinement or restraint not 
        permitted under section 609.379, including but not limited to 
        tying, caging, or chaining. 
           (e) "Report" means any report received by the local welfare 
        agency, police department, or county sheriff pursuant to this 
        section. 
           (f) "Facility" means a licensed or unlicensed day care 
        facility, residential facility, agency, hospital, sanitarium, or 
        other facility or institution required to be licensed under 
        sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or 
        chapter 245B; or a school as defined in sections 120A.05, 
        subdivisions 9, 11, and 13; and 124D.10; or a nonlicensed 
        personal care provider organization as defined in sections 
        256B.04, subdivision 16, and 256B.0625, subdivision 19a. 
           (g) "Operator" means an operator or agency as defined in 
        section 245A.02.  
           (h) "Commissioner" means the commissioner of human services.
           (i) "Assessment" includes authority to interview the child, 
        the person or persons responsible for the child's care, the 
        alleged perpetrator, and any other person with knowledge of the 
        abuse or neglect for the purpose of gathering the facts, 
        assessing the risk to the child, and formulating a plan.  
           (j) "Practice of social services," for the purposes of 
        subdivision 3, includes but is not limited to employee 
        assistance counseling and the provision of guardian ad litem and 
        visitation parenting time expeditor services.  
           (k) "Mental injury" means an injury to the psychological 
        capacity or emotional stability of a child as evidenced by an 
        observable or substantial impairment in the child's ability to 
        function within a normal range of performance and behavior with 
        due regard to the child's culture. 
           (l) "Threatened injury" means a statement, overt act, 
        condition, or status that represents a substantial risk of 
        physical or sexual abuse or mental injury. 
           (m) Persons who conduct assessments or investigations under 
        this section shall take into account accepted child-rearing 
        practices of the culture in which a child participates, which 
        are not injurious to the child's health, welfare, and safety. 
           Sec. 48.  Minnesota Statutes 1998, section 629.341, 
        subdivision 3, is amended to read: 
           Subd. 3.  [NOTICE OF RIGHTS.] The peace officer shall tell 
        the victim whether a shelter or other services are available in 
        the community and give the victim immediate notice of the legal 
        rights and remedies available.  The notice must include 
        furnishing the victim a copy of the following statement: 
           "IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask 
        the city or county attorney to file a criminal complaint.  You 
        also have the right to go to court and file a petition 
        requesting an order for protection from domestic abuse.  The 
        order could include the following: 
           (1) an order restraining the abuser from further acts of 
        abuse; 
           (2) an order directing the abuser to leave your household; 
           (3) an order preventing the abuser from entering your 
        residence, school, business, or place of employment; 
           (4) an order awarding you or the other parent custody of or 
        visitation parenting time with your minor child or children; or 
           (5) an order directing the abuser to pay support to you and 
        the minor children if the abuser has a legal obligation to do 
        so."  
           The notice must include the resource listing, including 
        telephone number, for the area battered women's shelter, to be 
        designated by the department of corrections.  
           Sec. 49.  Minnesota Statutes 1998, section 631.52, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SUSPENSION OF VISITATION PARENTING TIME 
        RIGHTS; TRANSFER OF CUSTODY.] (a) If a person who has 
        court-ordered custody of a child or visitation parenting time 
        rights is convicted of a crime listed in subdivision 2 and if no 
        action is pending regarding custody or visitation parenting 
        time, the sentencing court shall refer the matter to the 
        appropriate family court for action under this section.  The 
        family court shall: 
           (1) grant temporary custody to the noncustodial parent, 
        unless it finds that another custody arrangement is in the best 
        interests of the child; or 
           (2) suspend visitation parenting time rights, unless it 
        finds that visitation parenting time with the convicted person 
        is in the best interests of the child. 
           The family court shall expedite proceedings under this 
        section.  The defendant has the burden of proving that continued 
        custody or visitation parenting time with the defendant is in 
        the best interests of the child.  If the victim of the crime was 
        a family or household member as defined in section 518B.01, 
        subdivision 2, the standard of proof is clear and convincing 
        evidence.  A guardian ad litem must be appointed in any case to 
        which this section applies.  
           (b) If a person who has child custody or visitation 
        parenting time rights was convicted of a crime listed in 
        subdivision 2 before July 1, 1990, then any interested party may 
        petition the sentencing court for relief under paragraph (a) if: 
           (1) the defendant is currently incarcerated, on probation, 
        or under supervised release for the offense; or 
           (2) the victim of the crime was a family or household 
        member as defined in section 518B.01, subdivision 2.  
           Sec. 50.  [EFFECTIVE DATE.] 
           The provisions of sections 6 and 8 relating to commencement 
        of certain actions without an adjudication of parentage are 
        effective August 1, 2000.  The remaining provisions of this 
        article are effective January 1, 2001. 
           Presented to the governor April 25, 2000 
           Signed by the governor April 27, 2000, 11:40 a.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