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1994 Minnesota Session Laws

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                            CHAPTER 630-S.F.No. 1662 
                  An act relating to family; adopting the uniform 
                  interstate family support act; repealing the revised 
                  uniform reciprocal enforcement of support act; 
                  establishing certain administrative procedures; 
                  authorizing a public education campaign; changing 
                  enforcement procedures; changing certain calculations; 
                  establishing a child support assurance program; 
                  requiring reports; prohibiting certain discriminatory 
                  practices; authorizing temporary custody orders; 
                  clarifying certain terms; imposing penalties; 
                  appropriating money; amending Minnesota Statutes 1992, 
                  sections 214.101, as amended; 518.11; 518.17, 
                  subdivision 1; 518.18; 518B.01, subdivision 8; 
                  548.091, subdivision 2a; and 609.375, by adding 
                  subdivisions; Minnesota Statutes 1993 Supplement, 
                  sections 13.46, subdivision 2; 256.87, subdivision 5; 
                  363.03, subdivision 3; 518.14; 518.171, subdivisions 1 
                  and 6; 518.551, subdivisions 5 and 12; 518.64, 
                  subdivision 2; 518.68, subdivisions 1, 2, and 3; and 
                  609.375, subdivision 2; proposing coding for new law 
                  in Minnesota Statutes, chapters 8; 518; and 518C; 
                  repealing Minnesota Statutes 1992, sections 518C.01; 
                  518C.02; 518C.03; 518C.04; 518C.05; 518C.06; 518C.07; 
                  518C.08; 518C.09; 518C.10; 518C.11; 518C.12; 518C.13; 
                  518C.14; 518C.15; 518C.16; 518C.17; 518C.18; 518C.19; 
                  518C.20; 518C.21; 518C.22; 518C.23; 518C.24; 518C.25; 
                  518C.26; 518C.27; 518C.28; 518C.29; 518C.30; 518C.31; 
                  518C.32; 518C.33; 518C.34; 518C.35; and 518C.36; 
                  Minnesota Statutes 1993 Supplement, section 518.551, 
                  subdivision 10. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
                     UNIFORM INTERSTATE FAMILY SUPPORT ACT 
                                   ARTICLE 1 
                               GENERAL PROVISIONS
           Section 1.  [518C.101] [DEFINITIONS.] 
           In this chapter: 
           (a) "Child" means an individual, whether over or under the 
        age of majority, who is or is alleged to be owed a duty of 
        support by the individual's parent or who is or is alleged to be 
        the beneficiary of a support order directed to the parent. 
           (b) "Child support order" means a support order for a 
        child, including a child who has attained the age of majority 
        under the law of the issuing state. 
           (c) "Duty of support" means an obligation imposed or 
        imposable by law to provide support for a child, spouse, or 
        former spouse, including an unsatisfied obligation to provide 
        support. 
           (d) "Home state" means the state in which a child lived 
        with a parent or a person acting as parent for at least six 
        consecutive months immediately preceding the time of filing of a 
        petition or comparable pleading for support and, if a child is 
        less than six months old, the state in which the child lived 
        from birth with any of them.  A period of temporary absence of 
        any of them is counted as part of the six-month or other period. 
           (e) "Income" includes earnings or other periodic 
        entitlements to money from any source and any other property 
        subject to withholding for support under the law of this state. 
           (f) "Income-withholding order" means an order or other 
        legal process directed to an obligor's employer or other debtor 
        under section 518.611 or 518.613, to withhold support from the 
        income of the obligor. 
           (g) "Initiating state" means a state in which a proceeding 
        under this chapter or a law substantially similar to this 
        chapter, the uniform reciprocal enforcement of support act, or 
        the revised uniform reciprocal enforcement of support act is 
        filed for forwarding to a responding state. 
           (h) "Initiating tribunal" means the authorized tribunal in 
        an initiating state. 
           (i) "Issuing state" means the state in which a tribunal 
        issues a support order or renders a judgment determining 
        parentage. 
           (j) "Issuing tribunal" means the tribunal that issues a 
        support order or renders a judgment determining parentage. 
           (k) "Law" includes decisional and statutory law and rules 
        and regulations having the force of law. 
           (l) "Obligee" means: 
           (1) an individual to whom a duty of support is or is 
        alleged to be owed or in whose favor a support order has been 
        issued or a judgment determining parentage has been rendered; 
           (2) a state or political subdivision to which the rights 
        under a duty of support or support order have been assigned or 
        which has independent claims based on financial assistance 
        provided to an individual obligee; or 
           (3) an individual seeking a judgment determining parentage 
        of the individual's child. 
           (m) "Obligor" means an individual, or the estate of a 
        decedent: 
           (1) who owes or is alleged to owe a duty of support; 
           (2) who is alleged but has not been adjudicated to be a 
        parent of a child; or 
           (3) who is liable under a support order. 
           (n) "Petition" means a petition or comparable pleading used 
        pursuant to section 518.551, subdivision 10. 
           (o) "Register" means to file a support order or judgment 
        determining parentage in the office of the court administrator. 
           (p) "Registering tribunal" means a tribunal in which a 
        support order is registered. 
           (q) "Responding state" means a state to which a proceeding 
        is forwarded under this chapter or a law substantially similar 
        to this chapter, the uniform reciprocal enforcement of support 
        act, or the revised uniform reciprocal enforcement of support 
        act. 
           (r) "Responding tribunal" means the authorized tribunal in 
        a responding state. 
           (s) "Spousal support order" means a support order for a 
        spouse or former spouse of the obligor. 
           (t) "State" means a state of the United States, the 
        District of Columbia, the Commonwealth of Puerto Rico, or any 
        territory or insular possession subject to the jurisdiction of 
        the United States.  "State" includes an Indian tribe and a 
        foreign jurisdiction that has established procedures for 
        issuance and enforcement of support orders that are 
        substantially similar to the procedures under this chapter.  
           (u) "Support enforcement agency" means a public official or 
        agency authorized to: 
           (1) seek enforcement of support orders or laws relating to 
        the duty of support; 
           (2) seek establishment or modification of child support; 
           (3) seek determination of parentage; or 
           (4) locate obligors or their assets. 
           (v) "Support order" means a judgment, decree, or order, 
        whether temporary, final, or subject to modification, for the 
        benefit of a child, spouse, or former spouse, which provides for 
        monetary support, health care, arrearages, or reimbursement, and 
        may include related costs and fees, interest, income 
        withholding, attorney's fees, and other relief. 
           (w) "Tribunal" means a court, administrative agency, or 
        quasi-judicial entity authorized to establish, enforce, or 
        modify support orders or to determine parentage. 
           Sec. 2.  [518C.102] [TRIBUNAL OF THIS STATE.] 
           A court, administrative agency, or quasi-judicial entity 
        authorized to establish, enforce, or modify support orders or to 
        determine parentage are tribunals of this state. 
           Sec. 3.  [518C.103] [REMEDIES CUMULATIVE.] 
           Remedies provided by this chapter are cumulative and do not 
        affect the availability of remedies under other law. 
                                   ARTICLE 2
                                  JURISDICTION
                    PART A.  EXTENDED PERSONAL JURISDICTION
           Section 1.  [518C.201] [BASES FOR JURISDICTION OVER 
        NONRESIDENT.] 
           In a proceeding to establish, enforce, or modify a support 
        order or to determine parentage, a tribunal of this state may 
        exercise personal jurisdiction over a nonresident individual or 
        the individual's guardian or conservator if: 
           (1) the individual is personally served with a summons or 
        comparable document within this state; 
           (2) the individual submits to the jurisdiction of this 
        state by consent, by entering a general appearance, or by filing 
        a responsive document having the effect of waiving any contest 
        to personal jurisdiction; 
           (3) the individual resided with the child in this state; 
           (4) the individual resided in this state and provided 
        prenatal expenses or support for the child; 
           (5) the child resides in this state as a result of the acts 
        or directives of the individual; 
           (6) the individual engaged in sexual intercourse in this 
        state and the child may have been conceived by that act of 
        intercourse; 
           (7) the individual asserted parentage under sections 257.51 
        to 257.75; or 
           (8) there is any other basis consistent with the 
        constitutions of this state and the United States for the 
        exercise of personal jurisdiction. 
           Sec. 2.  [518C.202] [PROCEDURE WHEN EXERCISING JURISDICTION 
        OVER NONRESIDENT.] 
           A tribunal of this state exercising personal jurisdiction 
        over a nonresident under section 518C.201 may apply section 
        518C.316 to receive evidence from another state, and section 
        518C.318 to obtain discovery through a tribunal of another 
        state.  In all other respects, articles 3 to 7 do not apply and 
        the tribunal shall apply the procedural and substantive law of 
        this state, including the rules on choice of law other than 
        those established by this chapter. 
               PART B.  PROCEEDINGS INVOLVING TWO OR MORE STATES
           Sec. 3.  [518C.203] [INITIATING AND RESPONDING TRIBUNAL OF 
        THIS STATE.] 
           Under this chapter, a tribunal of this state may serve as 
        an initiating tribunal to forward proceedings to another state 
        and as a responding tribunal for proceedings initiated in 
        another state. 
           Sec. 4.  [518C.204] [SIMULTANEOUS PROCEEDINGS IN ANOTHER 
        STATE. 
           (a) A tribunal of this state may exercise jurisdiction to 
        establish a support order if the petition or comparable pleading 
        is filed after a petition or comparable pleading is filed in 
        another state only if: 
           (1) the petition or comparable pleading in this state is 
        filed before the expiration of the time allowed in the other 
        state for filing a responsive pleading challenging the exercise 
        of jurisdiction by the other state; 
           (2) the contesting party timely challenges the exercise of 
        jurisdiction in the other state; and 
           (3) if relevant, this state is the home state of the child. 
           (b) A tribunal of this state may not exercise jurisdiction 
        to establish a support order if the petition or comparable 
        pleading is filed before a petition or comparable pleading is 
        filed in another state if: 
           (1) the petition or comparable pleading in the other state 
        is filed before the expiration of the time allowed in this state 
        for filing a responsive pleading challenging the exercise of 
        jurisdiction by this state; 
           (2) the contesting party timely challenges the exercise of 
        jurisdiction in this state; and 
           (3) if relevant, the other state is the home state of the 
        child. 
           Sec. 5.  [518C.205] [CONTINUING, EXCLUSIVE JURISDICTION.] 
           (a) A tribunal of this state issuing a support order 
        consistent with the law of this state has continuing, exclusive 
        jurisdiction over a child support order: 
           (1) as long as this state remains the residence of the 
        obligor, the individual obligee, or the child for whose benefit 
        the support order is issued; or 
           (2) until each individual party has filed written consent 
        with the tribunal of this state for a tribunal of another state 
        to modify the order and assume continuing, exclusive 
        jurisdiction. 
           (b) A tribunal of this state issuing a child support order 
        consistent with the law of this state may not exercise its 
        continuing jurisdiction to modify the order if the order has 
        been modified by a tribunal of another state pursuant to a law 
        substantially similar to this chapter. 
           (c) If a child support order of this state is modified by a 
        tribunal of another state pursuant to a law substantially 
        similar to this chapter, a tribunal of this state loses its 
        continuing, exclusive jurisdiction with regard to prospective 
        enforcement of the order issued in this state, and may only: 
           (1) enforce the order that was modified as to amounts 
        accruing before the modification; 
           (2) enforce nonmodifiable aspects of that order; and 
           (3) provide other appropriate relief for violations of that 
        order which occurred before the effective date of the 
        modification. 
           (d) A tribunal of this state shall recognize the 
        continuing, exclusive jurisdiction of a tribunal of another 
        state which has issued a child support order pursuant to a law 
        substantially similar to this chapter. 
           (e) A temporary support order issued ex parte or pending 
        resolution of a jurisdictional conflict does not create 
        continuing, exclusive jurisdiction in the issuing tribunal. 
           (f) A tribunal of this state issuing a support order 
        consistent with the law of this state has continuing, exclusive 
        jurisdiction over a spousal support order throughout the 
        existence of the support obligation.  A tribunal of this state 
        may not modify a spousal support order issued by a tribunal of 
        another state having continuing, exclusive jurisdiction over 
        that order under the law of that state. 
           Sec. 6.  [518C.206] [ENFORCEMENT AND MODIFICATION OF 
        SUPPORT ORDER BY TRIBUNAL HAVING CONTINUING JURISDICTION.] 
           (a) A tribunal of this state may serve as an initiating 
        tribunal to request a tribunal of another state to enforce or 
        modify a support order issued in that state. 
           (b) A tribunal of this state having continuing, exclusive 
        jurisdiction over a support order may act as a responding 
        tribunal to enforce or modify the order.  If a party subject to 
        the continuing, exclusive jurisdiction of the tribunal no longer 
        resides in the issuing state, in subsequent proceedings the 
        tribunal may apply section 518C.316 to receive evidence from 
        another state and section 518C.318 to obtain discovery through a 
        tribunal of another state. 
           (c) A tribunal of this state which lacks continuing, 
        exclusive jurisdiction over a spousal support order may not 
        serve as a responding tribunal to modify a spousal support order 
        of another state. 
              PART C.  RECONCILIATION WITH ORDERS OF OTHER STATES
           Sec. 7.  [518C.207] [RECOGNITION OF CHILD SUPPORT ORDERS.] 
           (a) If a proceeding is brought under this chapter, and one 
        or more child support orders have been issued in this or another 
        state with regard to an obligor and a child, a tribunal of this 
        state shall apply the following rules in determining which order 
        to recognize for purposes of continuing, exclusive jurisdiction: 
           (1) If only one tribunal has issued a child support order, 
        the order of that tribunal must be recognized. 
           (2) If two or more tribunals have issued child support 
        orders for the same obligor and child, and only one of the 
        tribunals would have continuing, exclusive jurisdiction under 
        this chapter, the order of that tribunal must be recognized. 
           (3) If two or more tribunals have issued child support 
        orders for the same obligor and child, and more than one of the 
        tribunals would have continuing, exclusive jurisdiction under 
        this chapter, an order issued by a tribunal in the current home 
        state of the child must be recognized, but if an order has not 
        been issued in the current home state of the child, the order 
        most recently issued must be recognized. 
           (4) If two or more tribunals have issued child support 
        orders for the same obligor and child, and none of the tribunals 
        would have continuing, exclusive jurisdiction under this 
        chapter, the tribunal of this state may issue a child support 
        order, which must be recognized. 
           (b) The tribunal that has issued an order recognized under 
        paragraph (a) is the tribunal having continuing, exclusive 
        jurisdiction. 
           Sec. 8.  [518C.208] [MULTIPLE CHILD SUPPORT ORDERS FOR TWO 
        OR MORE OBLIGEES.] 
           In responding to multiple registrations or petitions for 
        enforcement of two or more child support orders in effect at the 
        same time with regard to the same obligor and different 
        individual obligees, at least one of which was issued by a 
        tribunal of another state, a tribunal of this state shall 
        enforce those orders in the same manner as if the multiple 
        orders had been issued by a tribunal of this state. 
           Sec. 9.  [518C.209] [CREDIT FOR PAYMENTS.] 
           Amounts collected and credited for a particular period 
        pursuant to a support order issued by a tribunal of another 
        state must be credited against the amounts accruing or accrued 
        for the same period under a support order issued by the tribunal 
        of this state. 
                                   ARTICLE 3
                    CIVIL PROVISIONS OF GENERAL APPLICATION
           Section 1.  [518C.301] [PROCEEDINGS UNDER THIS CHAPTER.] 
           (a) Except as otherwise provided in this chapter, this 
        article applies to all proceedings under this chapter. 
           (b) This chapter provides for the following proceedings: 
           (1) establishment of an order for spousal support or child 
        support pursuant to article 4; 
           (2) enforcement of a support order and income-withholding 
        order of another state without registration pursuant to article 
        5; 
           (3) registration of an order for spousal support or child 
        support of another state for enforcement pursuant to article 6; 
           (4) modification of an order for child support or spousal 
        support issued by a tribunal of this state pursuant to article 
        2, part B; 
           (5) registration of an order for child support of another 
        state for modification pursuant to article 6; 
           (6) determination of parentage pursuant to article 7; and 
           (7) assertion of jurisdiction over nonresidents pursuant to 
        article 2, part A. 
           (c) An individual petitioner or a support enforcement 
        agency may commence a proceeding authorized under this chapter 
        by filing a petition in an initiating tribunal for forwarding to 
        a responding tribunal or by filing a petition or a comparable 
        pleading directly in a tribunal of another state which has or 
        can obtain personal jurisdiction over the respondent. 
           Sec. 2.  [518C.302] [ACTION BY MINOR PARENT.] 
           A minor parent, or a guardian or other legal representative 
        of a minor parent, may maintain a proceeding on behalf of or for 
        the benefit of the minor's child. 
           Sec. 3.  [518C.303] [APPLICATION OF LAW OF THIS STATE.] 
           Except as otherwise provided by this chapter, a responding 
        tribunal of this state: 
           (1) shall apply the procedural and substantive law, 
        including the rules on choice of law, generally applicable to 
        similar proceedings originating in this state and may exercise 
        all powers and provide all remedies available in those 
        proceedings; and 
           (2) shall determine the duty of support and the amount 
        payable in accordance with the law and support guidelines of 
        this state. 
           Sec. 4.  [518C.304] [DUTIES OF INITIATING TRIBUNAL.] 
           Upon the filing of a petition authorized by this chapter, 
        an initiating tribunal of this state shall forward three copies 
        of the petition and its accompanying documents: 
           (1) to the responding tribunal or appropriate support 
        enforcement agency in the responding state; or 
           (2) if the identity of the responding tribunal is unknown, 
        to the state information agency of the responding state with a 
        request that they be forwarded to the appropriate tribunal and 
        that receipt be acknowledged. 
           Sec. 5.  [518C.305] [DUTIES AND POWERS OF RESPONDING 
        TRIBUNAL.] 
           (a) When a responding tribunal of this state receives a 
        petition or comparable pleading from an initiating tribunal or 
        directly pursuant to section 518C.301, paragraph (c), it shall 
        cause the petition or pleading to be filed and notify the 
        petitioner by first class mail where and when it was filed. 
           (b) A responding tribunal of this state, to the extent 
        otherwise authorized by law, may do one or more of the following:
           (1) issue or enforce a support order, modify a child 
        support order, or render a judgment to determine parentage; 
           (2) order an obligor to comply with a support order, 
        specifying the amount and the manner of compliance; 
           (3) order income withholding; 
           (4) determine the amount of any arrearages, and specify a 
        method of payment; 
           (5) enforce orders by civil or criminal contempt, or both; 
           (6) set aside property for satisfaction of the support 
        order; 
           (7) place liens and order execution on the obligor's 
        property; 
           (8) order an obligor to keep the tribunal informed of the 
        obligor's current residential address, telephone number, 
        employer, address of employment, and telephone number at the 
        place of employment; 
           (9) issue a bench warrant for an obligor who has failed 
        after proper notice to appear at a hearing ordered by the 
        tribunal and enter the bench warrant in any local and state 
        computer systems for criminal warrants; 
           (10) order the obligor to seek appropriate employment by 
        specified methods; 
           (11) award reasonable attorney's fees and other fees and 
        costs; and 
           (12) grant any other available remedy. 
           (c) A responding tribunal of this state shall include in a 
        support order issued under this chapter, or in the documents 
        accompanying the order, the calculations on which the support 
        order is based. 
           (d) A responding tribunal of this state may not condition 
        the payment of a support order issued under this chapter upon 
        compliance by a party with provisions for visitation. 
           (e) If a responding tribunal of this state issues an order 
        under this chapter, the tribunal shall send a copy of the order 
        by first class mail to the petitioner and the respondent and to 
        the initiating tribunal, if any. 
           Sec. 6.  [518C.306] [INAPPROPRIATE TRIBUNAL.] 
           If a petition or comparable pleading is received by an 
        inappropriate tribunal of this state, it shall forward the 
        pleading and accompanying documents to an appropriate tribunal 
        in this state or another state and notify the petitioner by 
        first class mail where and when the pleading was sent. 
           Sec. 7.  [518C.307] [DUTIES OF SUPPORT ENFORCEMENT AGENCY.] 
           (a) A support enforcement agency of this state, upon 
        request, shall provide services to a petitioner in a proceeding 
        under this chapter. 
           (b) A support enforcement agency that is providing services 
        to the petitioner as appropriate shall: 
           (1) take all steps necessary to enable an appropriate 
        tribunal in this state or another state to obtain jurisdiction 
        over the respondent; 
           (2) request an appropriate tribunal to set a date, time, 
        and place for a hearing; 
           (3) make a reasonable effort to obtain all relevant 
        information, including information as to income and property of 
        the parties; 
           (4) within two days, exclusive of Saturdays, Sundays, and 
        legal holidays, after receipt of a written notice from an 
        initiating, responding, or registering tribunal, send a copy of 
        the notice by first class mail to the petitioner; 
           (5) within two days, exclusive of Saturdays, Sundays, and 
        legal holidays, after receipt of a written communication from 
        the respondent or the respondent's attorney, send a copy of the 
        communication by first class mail to the petitioner; and 
           (6) notify the petitioner if jurisdiction over the 
        respondent cannot be obtained. 
           (c) This chapter does not create or negate a relationship 
        of attorney and client or other fiduciary relationship between a 
        support enforcement agency or the attorney for the agency and 
        the individual being assisted by the agency. 
           Sec. 8.  [518C.308] [DUTY OF ATTORNEY GENERAL.] 
           If the attorney general determines that the support 
        enforcement agency is neglecting or refusing to provide services 
        to an individual, the attorney general may order the agency to 
        perform its duties under this chapter or may provide those 
        services directly to the individual. 
           Sec. 9.  [518C.309] [PRIVATE COUNSEL.] 
           An individual may employ private counsel to represent the 
        individual in proceedings authorized by this chapter. 
           Sec. 10.  [518C.310] [DUTIES OF STATE INFORMATION AGENCY.] 
           (a) The unit within the department of human services that 
        receives and disseminates incoming interstate actions under 
        title IV-D of the Social Security Act from section 518C.02, 
        subdivision 1a, is the state information agency under this 
        chapter. 
           (b) The state information agency shall: 
           (1) compile and maintain a current list, including 
        addresses, of the tribunals in this state which have 
        jurisdiction under this chapter and any support enforcement 
        agencies in this state and transmit a copy to the state 
        information agency of every other state; 
           (2) maintain a register of tribunals and support 
        enforcement agencies received from other states; 
           (3) forward to the appropriate tribunal in the place in 
        this state in which the individual obligee or the obligor 
        resides, or in which the obligor's property is believed to be 
        located, all documents concerning a proceeding under this 
        chapter received from an initiating tribunal or the state 
        information agency of the initiating state; and 
           (4) obtain information concerning the location of the 
        obligor and the obligor's property within this state not exempt 
        from execution, by such means as postal verification and federal 
        or state locator services, examination of telephone directories, 
        requests for the obligor's address from employers, and 
        examination of governmental records, including, to the extent 
        not prohibited by other law, those relating to real property, 
        vital statistics, law enforcement, taxation, motor vehicles, 
        driver's licenses, and social security. 
           Sec. 11.  [518C.311] [PLEADINGS AND ACCOMPANYING 
        DOCUMENTS.] 
           (a) A petitioner seeking to establish or modify a support 
        order or to determine parentage in a proceeding under this 
        chapter must verify the petition.  Unless otherwise ordered 
        under section 518C.312, the petition or accompanying documents 
        must provide, so far as known, the name, residential address, 
        and social security numbers of the obligor and the obligee, and 
        the name, sex, residential address, social security number, and 
        date of birth of each child for whom support is sought.  The 
        petition must be accompanied by a certified copy of any support 
        order in effect.  The petition may include any other information 
        that may assist in locating or identifying the respondent. 
           (b) The petition must specify the relief sought.  The 
        petition and accompanying documents must conform substantially 
        with the requirements imposed by the forms mandated by federal 
        law for use in cases filed by a support enforcement agency. 
           Sec. 12.  [518C.312] [NONDISCLOSURE OF INFORMATION IN 
        EXCEPTIONAL CIRCUMSTANCES.] 
           Upon a finding, which may be made ex parte, that the 
        health, safety, or liberty of a party or child would be 
        unreasonably put at risk by the disclosure of identifying 
        information, or if an existing order so provides, a tribunal 
        shall order that the address of the child or party or other 
        identifying information not be disclosed in a pleading or other 
        document filed in a proceeding under this chapter. 
           Sec. 13.  [518C.313] [COSTS AND FEES.] 
           (a) The petitioner may not be required to pay a filing fee 
        or other costs. 
           (b) If an obligee prevails, a responding tribunal may 
        assess against an obligor filing fees, reasonable attorney's 
        fees, other costs, and necessary travel and other reasonable 
        expenses incurred by the obligee and the obligee's witnesses.  
        The tribunal may not assess fees, costs, or expenses against the 
        obligee or the support enforcement agency of either the 
        initiating or the responding state, except as provided by other 
        law.  Attorney's fees may be taxed as costs, and may be ordered 
        paid directly to the attorney, who may enforce the order in the 
        attorney's own name.  Payment of support owed to the obligee has 
        priority over fees, costs, and expenses. 
           (c) The tribunal shall order the payment of costs and 
        reasonable attorney's fees if it determines that a hearing was 
        requested primarily for delay.  In a proceeding under article 6, 
        a hearing is presumed to have been requested primarily for delay 
        if a registered support order is confirmed or enforced without 
        change. 
           Sec. 14.  [518C.314] [LIMITED IMMUNITY OF PETITIONER.] 
           (a) Participation by a petitioner in a proceeding before a 
        responding tribunal, whether in person, by private attorney, or 
        through services provided by the support enforcement agency, 
        does not confer personal jurisdiction over the petitioner in 
        another proceeding. 
           (b) A petitioner is not amenable to service of civil 
        process while physically present in this state to participate in 
        a proceeding under this chapter. 
           (c) The immunity granted by this section does not extend to 
        civil litigation based on acts unrelated to a proceeding under 
        this chapter committed by a party while present in this state to 
        participate in the proceeding. 
           Sec. 15.  [518C.315] [NONPARENTAGE AS DEFENSE.] 
           A party whose parentage of a child has been previously 
        determined by or pursuant to law may not plead nonparentage as a 
        defense to a proceeding under this chapter. 
           Sec. 16.  [518C.316] [SPECIAL RULES OF EVIDENCE AND 
        PROCEDURE.] 
           (a) The physical presence of the petitioner in a responding 
        tribunal of this state is not required for the establishment, 
        enforcement, or modification of a support order or the rendition 
        of a judgment determining parentage. 
           (b) A verified petition, affidavit, document substantially 
        complying with federally mandated forms, and a document 
        incorporated by reference in any of them, not excluded under the 
        hearsay rule if given in person, is admissible in evidence if 
        given under oath by a party or witness residing in another state.
           (c) A copy of the record of child support payments 
        certified as a true copy of the original by the custodian of the 
        record may be forwarded to a responding tribunal.  The copy is 
        evidence of facts asserted in it, and is admissible to show 
        whether payments were made. 
           (d) Copies of bills for testing for parentage, and for 
        prenatal and postnatal health care of the mother and child, 
        furnished to the adverse party at least ten days before trial, 
        are admissible in evidence to prove the amount of the charges 
        billed and that the charges were reasonable, necessary, and 
        customary. 
           (e) Documentary evidence transmitted from another state to 
        a tribunal of this state by telephone, telecopier, or other 
        means that do not provide an original writing may not be 
        excluded from evidence on an objection based on the means of 
        transmission. 
           (f) In a proceeding under this chapter, a tribunal of this 
        state may permit a party or witness residing in another state to 
        be deposed or to testify by telephone, audiovisual means, or 
        other electronic means at a designated tribunal or other 
        location in that state.  A tribunal of this state shall 
        cooperate with tribunals of other states in designating an 
        appropriate location for the deposition or testimony. 
           (g) If a party called to testify at a civil hearing refuses 
        to answer on the ground that the testimony may be 
        self-incriminating, the trier of fact may draw an adverse 
        inference from the refusal. 
           (h) A privilege against disclosure of communications 
        between spouses does not apply in a proceeding under this 
        chapter. 
           (i) The defense of immunity based on the relationship of 
        husband and wife or parent and child does not apply in a 
        proceeding under this chapter. 
           Sec. 17.  [518C.317] [COMMUNICATIONS BETWEEN TRIBUNALS.] 
           A tribunal of this state may communicate with a tribunal of 
        another state in writing, or by telephone or other means, to 
        obtain information concerning the laws of that state, the legal 
        effect of a judgment, decree, or order of that tribunal, and the 
        status of a proceeding in the other state.  A tribunal of this 
        state may furnish similar information by similar means to a 
        tribunal of another state. 
           Sec. 18.  [518C.318] [ASSISTANCE WITH DISCOVERY.] 
           A tribunal of this state may: 
           (1) request a tribunal of another state to assist in 
        obtaining discovery; and 
           (2) upon request, compel a person over whom it has 
        jurisdiction to respond to a discovery order issued by a 
        tribunal of another state. 
           Sec. 19.  [518C.319] [RECEIPT AND DISBURSEMENT OF 
        PAYMENTS.] 
           A support enforcement agency or tribunal of this state 
        shall disburse promptly any amounts received pursuant to a 
        support order, as directed by the order.  The agency or tribunal 
        shall furnish to a requesting party or tribunal of another state 
        a certified statement by the custodian of the record of the 
        amounts and dates of all payments received. 
                                   ARTICLE 4
                         ESTABLISHMENT OF SUPPORT ORDER
           Section 1.  [518C.401] [PETITION TO ESTABLISH SUPPORT 
        ORDER.] 
           (a) If a support order entitled to recognition under this 
        chapter has not been issued, a responding tribunal of this state 
        may issue a support order if: 
           (1) the individual seeking the order resides in another 
        state; or 
           (2) the support enforcement agency seeking the order is 
        located in another state. 
           (b) The tribunal may issue a temporary child support order 
        if: 
           (1) the respondent has signed a verified statement 
        acknowledging parentage; 
           (2) the respondent has been determined by or pursuant to 
        law to be the parent; or 
           (3) there is other clear and convincing evidence that the 
        respondent is the child's parent. 
           (c) Upon finding, after notice and opportunity to be heard, 
        that an obligor owes a duty of support, the tribunal shall issue 
        a support order directed to the obligor and may issue other 
        orders pursuant to section 518C.305. 
                                   ARTICLE 5
                          DIRECT ENFORCEMENT OF ORDER
                     OF ANOTHER STATE WITHOUT REGISTRATION
           Section 1.  [518C.501] [RECOGNITION OF INCOME-WITHHOLDING 
        ORDER OF ANOTHER STATE.] 
           (a) An income-withholding order issued in another state may 
        be sent by first class mail to the person or entity defined as 
        the obligor's employer under section 518.611 or 518.613 without 
        first filing a petition or comparable pleading or registering 
        the order with a tribunal of this state.  Upon receipt of the 
        order, the employer shall: 
           (1) treat an income-withholding order issued in another 
        state which appears regular on its face as if it had been issued 
        by a tribunal of this state; 
           (2) immediately provide a copy of the order to the obligor; 
        and 
           (3) distribute the funds as directed in the withholding 
        order. 
           (b) An obligor may contest the validity or enforcement of 
        an income-withholding order issued in another state in the same 
        manner as if the order had been issued by a tribunal of this 
        state.  Section 518C.604 applies to the contest.  The obligor 
        shall give notice of the contest to any support enforcement 
        agency providing services to the obligee and to: 
           (1) the person or agency designated to receive payments in 
        the income-withholding order; or 
           (2) if no person or agency is designated, the obligee. 
           Sec. 2.  [518C.502] [ADMINISTRATIVE ENFORCEMENT OF ORDERS.] 
           (a) A party seeking to enforce a support order or an 
        income-withholding order, or both, issued by a tribunal of 
        another state may send the documents required for registering 
        the order to a support enforcement agency of this state. 
           (b) Upon receipt of the documents, the support enforcement 
        agency, without initially seeking to register the order, shall 
        consider and, if appropriate, use any administrative procedure 
        authorized by the law of this state to enforce a support order 
        or an income-withholding order, or both.  If the obligor does 
        not contest administrative enforcement, the order need not be 
        registered.  If the obligor contests the validity or 
        administrative enforcement of the order, the support enforcement 
        agency shall register the order pursuant to this chapter. 
                                   ARTICLE 6
                          ENFORCEMENT AND MODIFICATION
                      OF SUPPORT ORDER AFTER REGISTRATION
             PART A.  REGISTRATION AND ENFORCEMENT OF SUPPORT ORDER
           Section 1.  [518C.601] [REGISTRATION OF ORDER FOR 
        ENFORCEMENT.] 
           A support order or an income-withholding order issued by a 
        tribunal of another state may be registered in this state for 
        enforcement. 
           Sec. 2.  [518C.602] [PROCEDURE TO REGISTER ORDER FOR 
        ENFORCEMENT.] 
           (a) A support order or income-withholding order of another 
        state may be registered in this state by sending the following 
        documents and information to the registering tribunal in this 
        state: 
           (1) a letter of transmittal to the tribunal requesting 
        registration and enforcement; 
           (2) two copies, including one certified copy, of all orders 
        to be registered, including any modification of an order; 
           (3) a sworn statement by the party seeking registration or 
        a certified statement by the custodian of the records showing 
        the amount of any arrearage; 
           (4) the name of the obligor and, if known: 
           (i) the obligor's address and social security number; 
           (ii) the name and address of the obligor's employer and any 
        other source of income of the obligor; and 
           (iii) a description and the location of property of the 
        obligor in this state not exempt from execution; and 
           (5) the name and address of the obligee and, if applicable, 
        the agency or person to whom support payments are to be remitted.
           (b) On receipt of a request for registration, the 
        registering tribunal shall cause the order to be filed as a 
        foreign judgment, together with one copy of the documents and 
        information, regardless of their form. 
           (c) A petition or comparable pleading seeking a remedy that 
        must be affirmatively sought under other law of this state may 
        be filed at the same time as the request for registration or 
        later.  The pleading must specify the grounds for the remedy 
        sought. 
           Sec. 3.  [518C.603] [EFFECT OF REGISTRATION FOR 
        ENFORCEMENT.] 
           (a) A support order or income-withholding order issued in 
        another state is registered when the order is filed in the 
        registering tribunal of this state. 
           (b) A registered order issued in another state is 
        enforceable in the same manner and is subject to the same 
        procedures as an order issued by a tribunal of this state. 
           (c) Except as otherwise provided in this article, a 
        tribunal of this state shall recognize and enforce, but may not 
        modify, a registered order if the issuing tribunal had 
        jurisdiction. 
           Sec. 4.  [518C.604] [CHOICE OF LAW.] 
           (a) The law of the issuing state governs the nature, 
        extent, amount, and duration of current payments and other 
        obligations of support and the payment of arrearages under the 
        order. 
           (b) In a proceeding for arrearages, the statute of 
        limitation under the laws of this state or of the issuing state, 
        whichever is longer, applies. 
                  PART B.  CONTEST OF VALIDITY OR ENFORCEMENT
           Sec. 5.  [518C.605] [NOTICE OF REGISTRATION OF ORDER.] 
           (a) When a support order or income-withholding order issued 
        in another state is registered, the registering tribunal shall 
        notify the nonregistering party.  Notice must be given by 
        certified or registered mail or by any means of personal service 
        authorized by the law of this state.  The notice must be 
        accompanied by a copy of the registered order and the documents 
        and relevant information accompanying the order. 
           (b) The notice must inform the nonregistering party: 
           (1) that a registered order is enforceable as of the date 
        of registration in the same manner as an order issued by a 
        tribunal of this state; 
           (2) that a hearing to contest the validity or enforcement 
        of the registered order must be requested within 20 days after 
        the date of mailing or personal service of the notice; 
           (3) that failure to contest the validity or enforcement of 
        the registered order in a timely manner will result in 
        confirmation of the order and enforcement of the order and the 
        alleged arrearages and precludes further contest of that order 
        with respect to any matter that could have been asserted; and 
           (4) of the amount of any alleged arrearages. 
           (c) Upon registration of an income-withholding order for 
        enforcement, the registering tribunal shall notify the obligor's 
        employer pursuant to section 518.611 or 518.613. 
           Sec. 6.  [518C.606] [PROCEDURE TO CONTEST VALIDITY OR 
        ENFORCEMENT OF REGISTERED ORDER.] 
           (a) A nonregistering party seeking to contest the validity 
        or enforcement of a registered order in this state shall request 
        a hearing within 20 days after the date of mailing or personal 
        service of notice of the registration.  The nonregistering party 
        may seek to vacate the registration, to assert any defense to an 
        allegation of noncompliance with the registered order, or to 
        contest the remedies being sought or the amount of any alleged 
        arrearages pursuant to section 518C.607. 
           (b) If the nonregistering party fails to contest the 
        validity or enforcement of the registered order in a timely 
        manner, the order is confirmed by operation of law. 
           (c) If a nonregistering party requests a hearing to contest 
        the validity or enforcement of the registered order, the 
        registering tribunal shall schedule the matter for hearing and 
        give notice to the parties by first class mail of the date, 
        time, and place of the hearing. 
           Sec. 7.  [518C.607] [CONTEST OF REGISTRATION OR 
        ENFORCEMENT.] 
           (a) A party contesting the validity or enforcement of a 
        registered order or seeking to vacate the registration has the 
        burden of proving one or more of the following defenses: 
           (1) the issuing tribunal lacked personal jurisdiction over 
        the contesting party; 
           (2) the order was obtained by fraud; 
           (3) the order has been vacated, suspended, or modified by a 
        later order; 
           (4) the issuing tribunal has stayed the order pending 
        appeal; 
           (5) there is a defense under the law of this state to the 
        remedy sought; 
           (6) full or partial payment has been made; or 
           (7) the statute of limitation under section 518C.604 
        precludes enforcement of some or all of the arrearages. 
           (b) If a party presents evidence establishing a full or 
        partial defense under paragraph (a), a tribunal may stay 
        enforcement of the registered order, continue the proceeding to 
        permit production of additional relevant evidence, and issue 
        other appropriate orders.  An uncontested portion of the 
        registered order may be enforced by all remedies available under 
        the law of this state. 
           (c) If the contesting party does not establish a defense 
        under paragraph (a) to the validity or enforcement of the order, 
        the registering tribunal shall issue an order confirming the 
        order. 
           Sec. 8.  [518C.608] [CONFIRMED ORDER.] 
           If a contesting party has received notice of registration 
        under section 518C.605, confirmation of a registered order, 
        whether by operation of law or after notice and hearing, 
        precludes further contest of the order based upon facts that 
        were known by the contesting party at the time of registration 
        with respect to any matter that could have been asserted at the 
        time of registration. 
                     PART C.  REGISTRATION AND MODIFICATION 
                             OF CHILD SUPPORT ORDER
           Sec. 9.  [518C.609] [PROCEDURE TO REGISTER CHILD SUPPORT 
        ORDER OF ANOTHER STATE FOR MODIFICATION.] 
           A party or support enforcement agency seeking to modify, or 
        to modify and enforce, a child support order issued in another 
        state shall register that order in this state in the same manner 
        provided in part A of this article if the order has not been 
        registered.  A petition for modification may be filed at the 
        same time as a request for registration, or later.  The pleading 
        must specify the grounds for modification. 
           Sec. 10.  [518C.610] [EFFECT OF REGISTRATION FOR 
        MODIFICATION.] 
           A tribunal of this state may enforce a child support order 
        of another state registered for purposes of modification, in the 
        same manner as if the order had been issued by a tribunal of 
        this state, but the registered order may be modified only if the 
        requirements of section 518C.611 have been met. 
           Sec. 11.  [518C.611] [MODIFICATION OF CHILD SUPPORT ORDER 
        OF ANOTHER STATE.] 
           (a) After a child support order issued in another state has 
        been registered in this state, the responding tribunal of this 
        state may modify that order only if, after notice and hearing, 
        it finds that: 
           (1) the following requirements are met: 
           (i) the child, the individual obligee, and the obligor do 
        not reside in the issuing state; 
           (ii) a petitioner who is a nonresident of this state seeks 
        modification; and 
           (iii) the respondent is subject to the personal 
        jurisdiction of the tribunal of this state; or 
           (2) an individual party or the child is subject to the 
        personal jurisdiction of the tribunal and all of the individual 
        parties have filed a written consent in the issuing tribunal 
        providing that a tribunal of this state may modify the support 
        order and assume continuing, exclusive jurisdiction over the 
        order. 
           (b) Modification of a registered child support order is 
        subject to the same requirements, procedures, and defenses that 
        apply to the modification of an order issued by a tribunal of 
        this state and the order may be enforced and satisfied in the 
        same manner. 
           (c) A tribunal of this state may not modify any aspect of a 
        child support order that may not be modified under the law of 
        the issuing state. 
           (d) On issuance of an order modifying a child support order 
        issued in another state, a tribunal of this state becomes the 
        tribunal of continuing, exclusive jurisdiction. 
           (e) Within 30 days after issuance of a modified child 
        support order, the party obtaining the modification shall file a 
        certified copy of the order with the issuing tribunal which had 
        continuing, exclusive jurisdiction over the earlier order, and 
        in each tribunal in which the party knows that earlier order has 
        been registered. 
           Sec. 12.  [518C.612] [RECOGNITION OF ORDER MODIFIED IN 
        ANOTHER STATE.] 
           A tribunal of this state shall recognize a modification of 
        its earlier child support order by a tribunal of another state 
        which assumed jurisdiction pursuant to a law substantially 
        similar to this chapter and, upon request, except as otherwise 
        provided in this chapter, shall: 
           (1) enforce the order that was modified only as to amounts 
        accruing before the modification; 
           (2) enforce only nonmodifiable aspects of that order; 
           (3) provide other appropriate relief only for violations of 
        that order which occurred before the effective date of the 
        modification; and 
           (4) recognize the modifying order of the other state, upon 
        registration, for the purpose of enforcement. 
                                   ARTICLE 7
                           DETERMINATION OF PARENTAGE
           Section 1.  [518C.701] [PROCEEDING TO DETERMINE PARENTAGE.] 
           (a) A tribunal of this state may serve as an initiating or 
        responding tribunal in a proceeding brought under this chapter 
        or a law substantially similar to this chapter, the uniform 
        reciprocal enforcement of support act, or the revised uniform 
        reciprocal enforcement of support act to determine that the 
        petitioner is a parent of a particular child or to determine 
        that a respondent is a parent of that child. 
           (b) In a proceeding to determine parentage, a responding 
        tribunal of this state shall apply the parentage act, sections 
        257.51 to 257.74, and the rules of this state on choice of law. 
                                   ARTICLE 8
                              INTERSTATE RENDITION
           Section 1.  [518C.801] [GROUNDS FOR RENDITION.] 
           (a) For purposes of this article, "governor" includes an 
        individual performing the functions of governor or the executive 
        authority of a state covered by this chapter. 
           (b) The governor of this state may: 
           (1) demand that the governor of another state surrender an 
        individual found in the other state who is charged criminally in 
        this state with having failed to provide for the support of an 
        obligee; or 
           (2) on the demand by the governor of another state, 
        surrender an individual found in this state who is charged 
        criminally in the other state with having failed to provide for 
        the support of an obligee. 
           (c) A provision for extradition of individuals not 
        inconsistent with this chapter applies to the demand even if the 
        individual whose surrender is demanded was not in the demanding 
        state when the crime was allegedly committed and has not fled 
        therefrom. 
           Sec. 2.  [518C.802] [CONDITIONS OF RENDITION.] 
           (a) Before making demand that the governor of another state 
        surrender an individual charged criminally in this state with 
        having failed to provide for the support of an obligee, the 
        governor of this state may require a prosecutor of this state to 
        demonstrate that at least 60 days previously the obligee had 
        initiated proceedings for support pursuant to this chapter or 
        that the proceeding would be of no avail. 
           (b) If, under this chapter or a law substantially similar 
        to this chapter, the uniform reciprocal enforcement of support 
        act, or the revised uniform reciprocal enforcement of support 
        act, the governor of another state makes a demand that the 
        governor of this state surrender an individual charged 
        criminally in that state with having failed to provide for the 
        support of a child or other individual to whom a duty of support 
        is owed, the governor may require a prosecutor to investigate 
        the demand and report whether a proceeding for support has been 
        initiated or would be effective.  If it appears that a 
        proceeding would be effective but has not been initiated, the 
        governor may delay honoring the demand for a reasonable time to 
        permit the initiation of a proceeding. 
           (c) If a proceeding for support has been initiated and the 
        individual whose rendition is demanded prevails, the governor 
        may decline to honor the demand.  If the petitioner prevails and 
        the individual whose rendition is demanded is subject to a 
        support order, the governor may decline to honor the demand if 
        the individual is complying with the support order. 
                                   ARTICLE 9
                            MISCELLANEOUS PROVISIONS
           Section 1.  [518C.901] [UNIFORMITY OF APPLICATION AND 
        CONSTRUCTION.] 
           This chapter shall be applied and construed to effectuate 
        its general purpose to make uniform the law with respect to the 
        subject of this chapter among states enacting it. 
           Sec. 2.  [518C.9011] [EXISTING REVISED UNIFORM RECIPROCAL 
        ENFORCEMENT OF SUPPORT ACT ACTIONS.] 
           Any action or proceeding under the Revised Uniform 
        Reciprocal Enforcement of Support Act (RURESA) pending on the 
        effective date of this section shall continue under the 
        provisions of RURESA until the court makes a decision on the 
        action or proceeding. 
           Sec. 3.  [518C.902] [SHORT TITLE.] 
           This chapter may be cited as the "uniform interstate family 
        support act." 
           Sec. 4.  [REPEALER.] 
           Minnesota Statutes 1992, sections 518C.01; 518C.02; 
        518C.03; 518C.04; 518C.05; 518C.06; 518C.07; 518C.08; 518C.09; 
        518C.10; 518C.11; 518C.12; 518C.13; 518C.14; 518C.15; 518C.16; 
        518C.17; 518C.18; 518C.19; 518C.20; 518C.21; 518C.22; 518C.23; 
        518C.24; 518C.25; 518C.26; 518C.27; 518C.28; 518C.29; 518C.30; 
        518C.31; 518C.32; 518C.33; 518C.34; 518C.35; and 518C.36, are 
        repealed. 
           Sec. 5.  [EFFECTIVE DATE.] 
           Articles 1 to 9 are effective January 1, 1995. 
                                   ARTICLE 10
                             ADMINISTRATIVE PROCESS
           Section 1.  [518.5511] [ADMINISTRATIVE PROCESS FOR CHILD 
        AND MEDICAL SUPPORT ORDERS.] 
           Subdivision 1.  [GENERAL.] (a) An administrative process is 
        established to obtain, modify, and enforce child and medical 
        support orders and modify maintenance if combined with a child 
        support proceeding.  
           (b) All proceedings for obtaining, modifying, or enforcing 
        child and medical support orders and modifying maintenance 
        orders if combined with a child support proceeding, are required 
        to be conducted in the administrative process when the public 
        authority is a party or provides services to a party or parties 
        to the proceedings.  At county option, the administrative 
        process may include contempt motions or actions to establish 
        parentage.  Nothing contained herein shall prevent a party, upon 
        timely notice to the public authority, from commencing an action 
        or bringing a motion for the establishment, modification, or 
        enforcement of child support or modification of maintenance 
        orders if combined with a child support proceeding in district 
        court, if additional issues involving domestic abuse, 
        establishment or modification of custody or visitation, property 
        issues, or other issues outside the jurisdiction of the 
        administrative process, are part of the motion or action, or 
        from proceeding with a motion or action brought by another party 
        containing one or more of these issues if it is pending in 
        district court. 
           (c) A party may make a written request to the public 
        authority to initiate an uncontested administrative proceeding.  
        If the public authority denies the request, the public authority 
        shall issue a summary order which denies the request for relief, 
        states the reasons for the denial, and notifies the party of the 
        right to commence an action for relief.  If the party commences 
        an action or serves and files a motion within 30 days after the 
        public authority's denial and the party's action results in a 
        modification of a child support order, the modification may be 
        retroactive to the date the written request was received by the 
        public authority. 
           (d) After August 1, 1994, all counties shall participate in 
        the administrative process established in this section in 
        accordance with a statewide implementation plan to be set forth 
        by the commissioner of human services.  No county shall be 
        required to participate in the administrative process until 
        after the county has been trained.  The implementation plan 
        shall include provisions for training the counties by region no 
        later than July 1, 1995.  
           Subd. 2.  [UNCONTESTED ADMINISTRATIVE PROCEEDING.] (a) A 
        party may petition the chief administrative law judge, the chief 
        district court judge, or the chief family court referee to 
        proceed immediately to a contested hearing upon good cause shown.
           (b) The public authority shall give the parties written 
        notice requesting the submission of information necessary for 
        the public authority to prepare a proposed child support order.  
        The written notice shall be sent by first-class mail to the 
        parties' last known addresses.  The written notice shall 
        describe the information requested, state the purpose of the 
        request, state the date by which the information must be 
        postmarked or received (which shall be at least 30 days from the 
        date of the mailing of the written notice), state that if the 
        information is not postmarked or received by that date, the 
        public authority will prepare a proposed order on the basis of 
        the information available, and identify the type of information 
        which will be considered.  
           (c) Following the submission of information or following 
        the date when the information was due, the public authority 
        shall, on the basis of all information available, complete and 
        sign a proposed child support order and notice.  In preparing 
        the proposed child support order, the public authority will 
        establish child support in the highest amount permitted under 
        section 518.551, subdivision 5.  The proposed order shall 
        include written findings in accordance with section 518.551, 
        subdivision 5, clauses (i) and (j).  The notice shall state that 
        the proposed child support order will be entered as a final and 
        binding default order unless one of the parties requests a 
        conference under subdivision 3 within 14 days following the date 
        of service of the proposed child support order.  The method for 
        requesting the conference shall be stated in the notice.  The 
        notice and proposed child support order shall be served under 
        the rules of civil procedure.  For the purposes of the contested 
        hearing, and notwithstanding any law or rule to the contrary, 
        the service of the proposed order pursuant to this paragraph 
        shall be deemed to have commenced a proceeding and the judge, 
        including an administrative law judge or a referee, shall have 
        jurisdiction over the contested hearing.  
           (d) If a conference under subdivision 3 is not requested by 
        a party within 14 days after the date of service of the proposed 
        child support order, the public authority may enter the proposed 
        order as the default order.  The default order becomes effective 
        30 days after the date of service of the notice in paragraph 
        (c).  The public authority may also prepare and serve a new 
        notice and proposed child support order if new information is 
        subsequently obtained.  The default child support order shall be 
        a final order, and shall be served under the rules of civil 
        procedure. 
           (e) The public authority shall file in the district court 
        copies of all notices served on the parties, proof of service, 
        and all orders.  
           Subd. 3.  [ADMINISTRATIVE CONFERENCE.] (a) If a party 
        requests a conference within 14 days of the date of service of 
        the proposed order, the public authority shall schedule a 
        conference, and shall serve written notice of the date, time, 
        and place of the conference on the parties. 
           (b) The purpose of the conference is to review all 
        available information and seek an agreement to enter a consent 
        child support order.  The notice shall state the purpose of the 
        conference, and that the proposed child support order will be 
        entered as a final and binding default order if the requesting 
        party fails to appear at the conference.  The notice shall be 
        served on the parties by first-class mail at their last known 
        addresses, and the method of service shall be documented in the 
        public authority file. 
           (c) A party alleging domestic abuse by the other party 
        shall not be required to participate in a conference.  In such a 
        case, the public authority shall meet separately with the 
        parties in order to determine whether an agreement can be 
        reached. 
           (d) If the party requesting the conference does not appear 
        and fails to provide a written excuse (with supporting 
        documentation if relevant) to the public authority within seven 
        days after the date of the conference which constitutes good 
        cause, the public authority may enter a default child support 
        order through the uncontested administrative process.  The 
        public authority shall not enter the default order until at 
        least seven days after the date of the conference.  
           For purposes of this section, misrepresentation, excusable 
        neglect, or circumstances beyond the control of the person who 
        requested the conference which prevented the person's appearance 
        at the conference constitutes good cause for failure to appear.  
        If the public authority finds good cause, the conference shall 
        be rescheduled by the public authority and the public authority 
        shall send notice as required under this subdivision. 
           (e) If the parties appear at the conference, the public 
        authority shall seek agreement of the parties to the entry of a 
        consent child support order which establishes child support in 
        accordance with applicable law.  The public authority shall 
        advise the parties that if a consent order is not entered, the 
        matter will be scheduled for a hearing before an administrative 
        law judge, or a district court judge or referee, and that the 
        public authority will seek the establishment of child support at 
        the hearing in accordance with the highest amount permitted 
        under section 518.551, subdivision 5.  If an agreement to enter 
        the consent order is not reached at the conference, the public 
        authority shall schedule the matter before an administrative law 
        judge, district court judge, or referee.  
           (f) If an agreement is reached by the parties at the 
        conference, a consent child support order shall be prepared by 
        the public authority, and shall be signed by the parties.  All 
        consent and default orders shall be signed by the nonattorney 
        employee of the public authority and shall be submitted to an 
        administrative law judge or the district court for 
        countersignature.  The order is effective upon the signature by 
        the administrative law judge or the district court and is 
        retroactive to the date of signature by the nonattorney employee 
        of the public authority.  The consent order shall be served on 
        the parties under the rules of civil procedure. 
           Subd. 4.  [CONTESTED ADMINISTRATIVE PROCEEDING.] (a) The 
        commissioner of human services is authorized to designate 
        counties to use the contested administrative hearing process 
        based upon federal guidelines for county performance.  The 
        contested administrative hearing process may also be initiated 
        upon request of a county board.  The administrative hearing 
        process shall be implemented in counties designated by the 
        commissioner.  
           In counties designated by the commissioner, contested 
        hearings required under this section shall be scheduled before 
        administrative law judges, and shall be conducted in accordance 
        with the provisions under this section.  In counties not 
        designated by the commissioner, contested hearings shall be 
        conducted in district court in accordance with the rules of 
        civil procedure and the rules of family court. 
           (b) An administrative law judge may approve a stipulation 
        reached on a contempt motion brought by the public authority.  
        Any stipulation that involves a finding of contempt and a jail 
        sentence, whether stayed or imposed, shall require the review 
        and signature of a district court judge.  
           (c) For the purpose of this process, all powers, duties, 
        and responsibilities conferred on judges of the district court 
        to obtain and enforce child and medical support and maintenance 
        obligations, subject to the limitation set forth herein, are 
        conferred on the administrative law judge conducting the 
        proceedings, including the power to issue subpoenas, to issue 
        orders to show cause, and to issue bench warrants for failure to 
        appear.  
           (d) Before implementing the process in a county, the chief 
        administrative law judge, the commissioner of human services, 
        the director of the county human services agency, the county 
        attorney, the county court administrator, and the county sheriff 
        shall jointly establish procedures, and the county shall provide 
        hearing facilities for implementing this process in the county.  
        A contested administrative hearing shall be conducted in a 
        courtroom, if one is available, or a conference or meeting room 
        with at least two exits and of sufficient size to permit 
        adequate physical separation of the parties.  Security personnel 
        shall either be present during the administrative hearings, or 
        be available to respond to a request for emergency assistance.  
           (e) The contested administrative hearings shall be 
        conducted under the rules of the office of administrative 
        hearings, Minnesota Rules, parts 1400.7100 to 1400.7500, 
        1400.7700, and 1400.7800, as adopted by the chief administrative 
        law judge.  Except as provided under this section, other aspects 
        of the case, including, but not limited to, pleadings, 
        discovery, and motions, shall be conducted under the rules of 
        family court, the rules of civil procedure, and chapter 518.  
           (f) Pursuant to a contested administrative hearing, the 
        administrative law judge shall make findings of fact, 
        conclusions, and a final decision and issue an order.  Orders 
        issued by an administrative law judge may be enforceable by the 
        contempt powers of the district courts.  
           (g) At the time the matter is scheduled for a contested 
        hearing, the public authority shall file in the district court 
        copies of all relevant documents sent to or received from the 
        parties, in addition to the documents filed under subdivision 2, 
        paragraph (e). 
           (h) The decision and order of the administrative law judge 
        is appealable to the court of appeals in the same manner as a 
        decision of the district court.  
           Subd. 5.  [NONATTORNEY AUTHORITY.] Nonattorney employees of 
        the public authority responsible for child support may prepare, 
        sign, serve, and file complaints, motions, notices, summary 
        orders, proposed orders, default orders, and consent orders for 
        obtaining, modifying, or enforcing child and medical support 
        orders, orders establishing paternity, and related documents, 
        and orders to modify maintenance if combined with a child 
        support order.  The nonattorney may also conduct prehearing 
        conferences, and participate in proceedings before an 
        administrative law judge.  This activity shall not be considered 
        to be the unauthorized practice of law.  Nonattorney employees 
        may not represent the interests of any party other than the 
        public authority, and may not give legal advice to any party. 
           Subd. 6.  [SUBPOENAS.] After the commencement of the 
        administrative process, any party or the public authority may 
        request a subpoena, and the administrative law judge shall have 
        the authority to issue subpoenas. 
           Subd. 7.  [PUBLIC AUTHORITY LEGAL ADVISOR.] At all stages 
        of the administrative process prior to the contested hearing, 
        the county attorney, or other attorney under contract, shall act 
        as the legal advisor for the public authority, but shall not 
        play an active role in the review of information and the 
        preparation of default and consent orders. 
           Subd. 8.  [COSTS ASSOCIATED WITH THE ADMINISTRATIVE 
        PROCESS.] The commissioner of human services shall distribute 
        money for this purpose to counties to cover the costs of the 
        administrative process, including the salaries of administrative 
        law judges.  If available appropriations are insufficient to 
        cover the costs, the commissioner shall prorate the amount among 
        the counties. 
           Subd. 9.  [TRAINING AND RESTRUCTURING.] The commissioner of 
        human services shall provide training to child support officers 
        and other employees of the public authority involved in the 
        administrative process.  The commissioner of human services 
        shall prepare simple and easy to understand forms for all 
        notices and orders prescribed in this subdivision, and the 
        public authority shall use them.  
           Sec. 2.  [INSTRUCTION TO REVISOR.] 
           In the next edition of Minnesota Statutes, the revisor of 
        statutes shall delete the term "518.551, subdivision 10" and 
        replace it with "518.5511" where it appears in Minnesota 
        Statutes, sections 357.021, subdivision 1a, and 518C.05. 
           Sec. 3.  [REPEALER.] 
           Minnesota Statutes 1993 Supplement, section 518.551, 
        subdivision 10, is repealed. 
           Sec. 4.  [EFFECTIVE DATE.] 
           This article is effective August 1, 1994. 
                                   ARTICLE 11
                  CHILD SUPPORT ADMINISTRATION AND ENFORCEMENT
           Section 1.  [8.35] [PUBLIC EDUCATION CAMPAIGN.] 
           The attorney general, in consultation with the commissioner 
        of human services, may establish a public service campaign 
        designed to educate the public about the necessity of the 
        payment of child support to the well-being of the state's 
        children and taxpayers.  The commissioner shall enter into a 
        contract with the attorney general pursuant to section 24, 
        subdivision 2, for implementation of the campaign.  The campaign 
        may include public service announcements for broadcast through 
        television, radio, and billboard media. 
           Sec. 2.  Minnesota Statutes 1993 Supplement, section 13.46, 
        subdivision 2, is amended to read: 
           Subd. 2.  [GENERAL.] (a) Unless the data is summary data or 
        a statute specifically provides a different classification, data 
        on individuals collected, maintained, used, or disseminated by 
        the welfare system is private data on individuals, and shall not 
        be disclosed except:  
           (1) pursuant to section 13.05; 
           (2) pursuant to court order; 
           (3) pursuant to a statute specifically authorizing access 
        to the private data; 
           (4) to an agent of the welfare system, including a law 
        enforcement person, attorney, or investigator acting for it in 
        the investigation or prosecution of a criminal or civil 
        proceeding relating to the administration of a program; 
           (5) to personnel of the welfare system who require the data 
        to determine eligibility, amount of assistance, and the need to 
        provide services of additional programs to the individual; 
           (6) to administer federal funds or programs; 
           (7) between personnel of the welfare system working in the 
        same program; 
           (8) the amounts of cash public assistance and relief paid 
        to welfare recipients in this state, including their names and 
        social security numbers, upon request by the department of 
        revenue to administer the property tax refund law, supplemental 
        housing allowance, and the income tax; 
           (9) to the Minnesota department of jobs and training for 
        the purpose of monitoring the eligibility of the data subject 
        for unemployment compensation, for any employment or training 
        program administered, supervised, or certified by that agency, 
        or for the purpose of administering any rehabilitation program, 
        whether alone or in conjunction with the welfare system, and to 
        verify receipt of energy assistance for the telephone assistance 
        plan; 
           (10) to appropriate parties in connection with an emergency 
        if knowledge of the information is necessary to protect the 
        health or safety of the individual or other individuals or 
        persons; 
           (11) data maintained by residential facilities as defined 
        in section 245A.02 may be disclosed to the protection and 
        advocacy system established in this state pursuant to Part C of 
        Public Law Number 98-527 to protect the legal and human rights 
        of persons with mental retardation or other related conditions 
        who live in residential facilities for these persons if the 
        protection and advocacy system receives a complaint by or on 
        behalf of that person and the person does not have a legal 
        guardian or the state or a designee of the state is the legal 
        guardian of the person; 
           (12) to the county medical examiner or the county coroner 
        for identifying or locating relatives or friends of a deceased 
        person; 
           (13) data on a child support obligor who makes payments to 
        the public agency may be disclosed to the higher education 
        coordinating board to the extent necessary to determine 
        eligibility under section 136A.121, subdivision 2, clause (5); 
           (14) participant social security numbers and names 
        collected by the telephone assistance program may be disclosed 
        to the department of revenue to conduct an electronic data match 
        with the property tax refund database to determine eligibility 
        under section 237.70, subdivision 4a; 
           (15) the current address of a recipient of aid to families 
        with dependent children, medical assistance, general assistance, 
        work readiness, or general assistance medical care may be 
        disclosed to law enforcement officers who provide the name and 
        social security number of the recipient and satisfactorily 
        demonstrate that:  (i) the recipient is a fugitive felon, 
        including the grounds for this determination; (ii) the location 
        or apprehension of the felon is within the law enforcement 
        officer's official duties; and (iii) the request is made in 
        writing and in the proper exercise of those duties; or 
           (16) information obtained from food stamp applicant or 
        recipient households may be disclosed to local, state, or 
        federal law enforcement officials, upon their written request, 
        for the purpose of investigating an alleged violation of the 
        food stamp act, in accordance with Code of Federal Regulations, 
        title 7, section 272.1(c); or 
           (17) data on a child support obligor who is in arrears may 
        be disclosed for purposes of publishing the data pursuant to 
        section 518.575. 
           (b) Information on persons who have been treated for drug 
        or alcohol abuse may only be disclosed in accordance with the 
        requirements of Code of Federal Regulations, title 42, sections 
        2.1 to 2.67. 
           (c) Data provided to law enforcement agencies under 
        paragraph (a), clause (15) or (16); or (b) are investigative 
        data and are confidential or protected nonpublic while the 
        investigation is active.  The data are private after the 
        investigation becomes inactive under section 13.82, subdivision 
        5, paragraph (a) or (b). 
           (d) Mental health data shall be treated as provided in 
        subdivisions 7, 8, and 9, but is not subject to the access 
        provisions of subdivision 10, paragraph (b). 
           Sec. 3.  Minnesota Statutes 1992, section 214.101, as 
        amended by Laws 1993, chapters 322, sections 1 and 2, and 340, 
        section 2, is amended to read: 
           214.101 [CHILD SUPPORT; SUSPENSION OF LICENSE.] 
           Subdivision 1.  [COURT ORDER; HEARING ON SUSPENSION.] (a) 
        For purposes of this section, "licensing board" means a 
        licensing board or other state agency that issues an 
        occupational license. 
           (b) If a licensing board receives an order from a court or 
        a notice from a public child support enforcement agency under 
        section 518.551, subdivision 12, dealing with suspension of a 
        license of a person found by the court or the public agency to 
        be in arrears in child support or maintenance payments, or both, 
        the board shall, within 30 days of receipt of the court order or 
        public agency notice, provide notice to the licensee and hold a 
        hearing.  If the board finds that the person is licensed by the 
        board and evidence of full payment of arrearages found to be due 
        by the court or the public agency is not presented at the 
        hearing, the board shall suspend the license unless it 
        determines that probation is appropriate under subdivision 2.  
        The only issues to be determined by the board are whether the 
        person named in the court order or public agency notice is a 
        licensee, whether the arrearages have been paid, and whether 
        suspension or probation is appropriate.  The board may not 
        consider evidence with respect to the appropriateness of 
        the court underlying child support order or the ability of the 
        person to comply with the order.  The board may not lift the 
        suspension until the licensee files with the board proof showing 
        that the licensee is current in child support payments and 
        maintenance. 
           Subd. 2.  [PROBATION.] If the board determines that the 
        suspension of the license would create an extreme hardship to 
        either the licensee or to persons whom the licensee serves, the 
        board may, in lieu of suspension, allow the licensee to continue 
        to practice the occupation on probation.  Probation must be 
        conditioned upon full compliance with the court order or public 
        agency notice that referred the matter to the board.  The 
        probation period may not exceed two years, and the terms of 
        probation must provide for automatic suspension of the license 
        if the licensee does not provide monthly proof to the board of 
        full compliance with the court order or public agency notice 
        that referred the matter to the board or a further court 
        order or public agency notice if the original order is modified 
        by the court or the public agency. 
           Subd. 3.  [REVOCATION OR REINSTATEMENT OF PROBATION.] If 
        the licensee has a modification petition pending before the 
        court or the public agency, the board may, without a hearing, 
        defer a revocation of probation and institution of suspension 
        until receipt of the court's ruling on the modification order.  
        A licensee who was placed on probation and then automatically 
        suspended may be automatically reinstated upon providing proof 
        to the board that the licensee is currently in compliance with 
        the court order or public agency notice. 
           Subd. 4.  [VERIFICATION OF PAYMENTS.] Before a board may 
        terminate probation, remove a suspension, issue, or renew a 
        license of a person who has been suspended or placed on 
        probation under this section, it shall contact the court or 
        public agency that referred the matter to the board to determine 
        that the applicant is not in arrears for child support or 
        maintenance or both.  The board may not issue or renew a license 
        until the applicant proves to the board's satisfaction that the 
        applicant is current in support payments and maintenance. 
           Subd. 5.  [APPLICATION.] This section applies to support 
        obligations ordered by any state, territory, or district of the 
        United States. 
           Sec. 4.  Minnesota Statutes 1993 Supplement, section 
        256.87, subdivision 5, is amended to read: 
           Subd. 5.  [CHILD NOT RECEIVING ASSISTANCE.] A person or 
        entity having physical and legal custody of a dependent child 
        not receiving assistance under sections 256.72 to 256.87 has a 
        cause of action for child support against the child's absent 
        parents.  Upon an order to show cause and a motion served on the 
        absent parent, the court shall order child support payments from 
        the absent parent under chapter 518.  This subdivision applies 
        only if the person or entity has physical custody with the 
        consent of a custodial parent or approval of the court. 
           Sec. 5.  Minnesota Statutes 1993 Supplement, section 
        518.14, is amended to read: 
           518.14 [COSTS AND DISBURSEMENTS AND; ATTORNEY FEES; 
        COLLECTION COSTS.] 
           Subdivision 1.  [GENERAL.] Except as provided in 
        subdivision 2, in a proceeding under this chapter, the court 
        shall award attorney fees, costs, and disbursements in an amount 
        necessary to enable a party to carry on or contest the 
        proceeding, provided it finds: 
           (1) that the fees are necessary for the good-faith 
        assertion of the party's rights in the proceeding and will not 
        contribute unnecessarily to the length and expense of the 
        proceeding; 
           (2) that the party from whom fees, costs, and disbursements 
        are sought has the means to pay them; and 
           (3) that the party to whom fees, costs, and disbursements 
        are awarded does not have the means to pay them. 
        Nothing in this section precludes the court from awarding, in 
        its discretion, additional fees, costs, and disbursements 
        against a party who unreasonably contributes to the length or 
        expense of the proceeding.  Fees, costs, and disbursements 
        provided for in this section may be awarded at any point in the 
        proceeding, including a modification proceeding under sections 
        518.18 and 518.64.  The court may adjudge costs and 
        disbursements against either party.  The court may authorize the 
        collection of money awarded by execution, or out of property 
        sequestered, or in any other manner within the power of the 
        court.  An award of attorney's fees made by the court during the 
        pendency of the proceeding or in the final judgment survives the 
        proceeding and if not paid by the party directed to pay the same 
        may be enforced as above provided or by a separate civil action 
        brought in the attorney's own name.  If the proceeding is 
        dismissed or abandoned prior to determination and award of 
        attorney's fees, the court may nevertheless award attorney's 
        fees upon the attorney's motion.  The award shall also survive 
        the proceeding and may be enforced in the same manner as last 
        above provided. 
           Subd. 2.  [ENFORCEMENT OF CHILD SUPPORT.] (a) A child 
        support obligee is entitled to recover from the obligor 
        reasonable attorney fees and other collection costs incurred to 
        enforce a child support judgment, as provided in this 
        subdivision.  In order to recover collection costs under this 
        subdivision, the arrearages must be at least $500 and must be at 
        least 90 days past due.  In addition, the arrearages must be a 
        docketed judgment under sections 548.09 and 548.091.  If the 
        obligor pays in full the judgment rendered under section 548.091 
        within 20 days of receipt of notice of entry of judgment, the 
        obligee is not entitled to recover attorney fees or collection 
        costs under this subdivision. 
           (b) Written notice must be provided by any obligee 
        contracting with an attorney or collection entity to enforce a 
        child support judgment to the public authority responsible for 
        child support enforcement, if the public authority is a party or 
        provides services to a party, within five days of signing a 
        contract for services and within five days of receipting any 
        payments received on a child support judgment.  Attorney fees 
        and collection costs obtained under this subdivision are 
        considered child support and entitled to the applicable remedies 
        for collection and enforcement of child support.  
           (c) The obligee shall serve notice of the obligee's intent 
        to recover attorney fees and collections costs by certified or 
        registered mail on the obligor at the obligor's last known 
        address.  The notice must include an itemization of the attorney 
        fees and collection costs being sought by the obligee and inform 
        the obligor that the fees and costs will become an additional 
        judgment for child support unless the obligor requests a hearing 
        on the reasonableness of the fees and costs or to contest the 
        child support judgment on grounds limited to mistake of fact 
        within 20 days of mailing of the notice. 
           (d) If the obligor requests a hearing, the only issues to 
        be determined by the court are whether the attorney fees or 
        collection costs were reasonably incurred by the obligee for the 
        enforcement of a child support judgment against the obligor or 
        the validity of the child support judgment on grounds limited to 
        mistake of fact.  The fees and costs may not exceed 30 percent 
        of the arrearages.  The court may modify the amount of attorney 
        fees and costs as appropriate and shall enter judgment 
        accordingly. 
           (e) If the obligor fails to request a hearing within 20 
        days of mailing of the notice under paragraph (a), the amount of 
        the attorney fees or collection costs requested by the obligee 
        in the notice automatically becomes an additional judgment for 
        child support. 
           (f) The commissioner of human services shall prepare and 
        make available to the court and the parties forms for use in 
        providing for notice and requesting a hearing under this 
        subdivision.  The rulemaking provisions of chapter 14 do not 
        apply to the forms. 
           Sec. 6.  Minnesota Statutes 1993 Supplement, section 
        518.171, subdivision 1, is amended to read: 
           Subdivision 1.  [ORDER.] (a) Every child support order must 
        expressly assign or reserve the responsibility for maintaining 
        medical insurance for the minor children and the division of 
        uninsured medical and dental costs.  The court shall order the 
        party with the better group dependent health and dental 
        insurance coverage or health insurance plan to name the minor 
        child as beneficiary on any health and dental insurance plan 
        that is comparable to or better than a number two qualified plan 
        and available to the party on: 
           (i) a group basis; or 
           (ii) through an employer or union; or 
           (iii) through a group health plan governed under the ERISA 
        and included within the definitions relating to health plans 
        found in section 62A.011, 62A.048, or 62E.06, subdivision 2.  
        "Health insurance" or "health insurance coverage" as used in 
        this section means coverage that is comparable to or better than 
        a number two qualified plan as defined in section 62E.06, 
        subdivision 2.  "Health insurance" or "health insurance 
        coverage" as used in this section does not include medical 
        assistance provided under chapter 256, 256B, or 256D. 
           (b) If the court finds that dependent health or dental 
        insurance is not available to the obligor or obligee on a group 
        basis or through an employer or union, or that the group insurer 
        insurance is not accessible to the obligee, the court may 
        require the obligor (1) to obtain other dependent health or 
        dental insurance, (2) to be liable for reasonable and necessary 
        medical or dental expenses of the child, or (3) to pay no less 
        than $50 per month to be applied to the medical and dental 
        expenses of the children or to the cost of health insurance 
        dependent coverage. 
           (c) If the court finds that the available dependent health 
        or dental insurance does not pay all the reasonable and 
        necessary medical or dental expenses of the child, including any 
        existing or anticipated extraordinary medical expenses, and the 
        court finds that the obligor has the financial ability to 
        contribute to the payment of these medical or dental expenses, 
        the court shall require the obligor to be liable for all or a 
        portion of the medical or dental expenses of the child not 
        covered by the required health or dental plan.  Medical and 
        dental expenses include, but are not limited to, necessary 
        orthodontia and eye care, including prescription lenses. 
           (d) If the obligor is employed by a self-insured employer 
        subject only to the federal Employee Retirement Income Security 
        Act (ERISA) of 1974, and the insurance benefit plan meets the 
        above requirements, the court shall order the obligor to enroll 
        the dependents within 30 days of the court order effective date 
        or be liable for all medical and dental expenses occurring while 
        coverage is not in effect.  If enrollment in the ERISA plan is 
        precluded by exclusionary clauses, the court shall order the 
        obligor to obtain other coverage or make payments as provided in 
        paragraph (b) or (c). 
           (e) Unless otherwise agreed by the parties and approved by 
        the court, if the court finds that the obligee is not receiving 
        public assistance for the child and has the financial ability to 
        contribute to the cost of medical and dental expenses for the 
        child, including the cost of insurance, the court shall order 
        the obligee and obligor to each assume a portion of these 
        expenses based on their proportionate share of their total net 
        income as defined in section 518.54, subdivision 6. 
           (f) (e) Payments ordered under this section are subject to 
        section 518.611.  An obligee who fails to apply payments 
        received to the medical expenses of the dependents may be found 
        in contempt of this order. 
           Sec. 7.  Minnesota Statutes 1993 Supplement, section 
        518.171, subdivision 6, is amended to read: 
           Subd. 6.  [INSURER PLAN REIMBURSEMENT; CORRESPONDENCE AND 
        NOTICE.] (a) The signature of the custodial parent of the 
        insured dependent is a valid authorization to the insurer a 
        health or dental insurance plan for purposes of processing an 
        insurance reimbursement payment to the provider of the medical 
        services or to the custodial parent if medical services have 
        been prepaid by the custodial parent. 
           (b) The insurer health or dental insurance plan shall send 
        copies of all correspondence regarding the insurance coverage to 
        both parents.  When an order for dependent insurance coverage is 
        in effect and the obligor's employment is terminated, or the 
        insurance coverage is terminated, the insurer health or dental 
        insurance plan shall notify the obligee within ten days of the 
        termination date with notice of conversion privileges. 
           Sec. 8.  Minnesota Statutes 1992, 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 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 if the 
        court finds that there is persistent and willful denial or 
        interference with visitation, 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 unless it finds, upon the basis of facts 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 established by the prior order unless: 
           (i) both parties agree to the modification; 
           (ii) the child has been integrated into the family of the 
        petitioner with the consent of the other party; or 
           (iii) 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 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. 9.  Minnesota Statutes 1993 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 aid to 
        families with dependent children 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 (b) 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 of the custodial parent 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 
        section paragraph is determined by subtracting the amount of any 
        federal and state income tax credits available to a parent 
        from 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 from the obligee or any 
        public agency.  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 the child care costs end. 
           (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 standards 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 assistance under sections 
        256.72 to 256.87 or 256B.01 to 256B.40.  
           (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 256.74; 
           (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 (b) and how the 
        deviation serves the best interest of the child.  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 256.74, 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. 
           Sec. 10.  Minnesota Statutes 1993 Supplement, section 
        518.551, subdivision 12, is amended to read: 
           Subd. 12.  [OCCUPATIONAL LICENSE SUSPENSION.] (a) Upon 
        petition of an obligee or public agency responsible for child 
        support enforcement, if the court finds that the obligor is or 
        may be licensed by a licensing board listed in section 214.01 or 
        other state agency or board that issues an occupational license 
        and the obligor is in arrears in court-ordered child support or 
        maintenance payments or both, the court may direct the licensing 
        board or other licensing agency to conduct a hearing under 
        section 214.101 concerning suspension of the obligor's license.  
        If the obligor is a licensed attorney, the court may report the 
        matter to the lawyers professional responsibility board for 
        appropriate action in accordance with the rules of professional 
        conduct.  The remedy under this subdivision is in addition to 
        any other enforcement remedy available to the court. 
           (b) If a public agency responsible for child support 
        enforcement finds that the obligor is or may be licensed by a 
        licensing board listed in section 214.01 or other state agency 
        or board that issues an occupational license and the obligor is 
        in arrears in court-ordered child support or maintenance 
        payments or both, the public agency may direct the licensing 
        board or other licensing agency to conduct a hearing under 
        section 214.101 concerning suspension of the obligor's license.  
        If the obligor is a licensed attorney, the public agency may 
        report the matter to the lawyers professional responsibility 
        board for appropriate action in accordance with the rules of 
        professional conduct.  The remedy under this subdivision is in 
        addition to any other enforcement remedy available to the public 
        agency. 
           Sec. 11.  [518.575] [PUBLICATION OF NAMES OF DELINQUENT 
        CHILD SUPPORT OBLIGORS.] 
           Every three months the department of human services shall 
        publish in the newspaper of widest circulation in each county a 
        list of the names and last known addresses of each person who 
        (1) is a child support obligor, (2) resides in the county, (3) 
        is at least $3,000 in arrears, and (4) has not made a child 
        support payment, or has made only partial child support payments 
        that total less than 25 percent of the amount of child support 
        owed, for the last 12 months including any payments made through 
        the interception of federal or state taxes.  The rate charged 
        for publication shall be the newspaper's lowest classified 
        display rate, including all available discounts.  An obligor's 
        name may not be published if the obligor claims in writing, and 
        the department of human services determines, there is good cause 
        for the nonpayment of child support.  The list must be based on 
        the best information available to the state at the time of 
        publication. 
           Before publishing the name of the obligor, the department 
        of human services shall send a notice to the obligor's last 
        known address which states the department's intention to publish 
        the obligor's name and the amount of child support the obligor 
        owes.  The notice must also provide an opportunity to have the 
        obligor's name removed from the list by paying the arrearage or 
        by entering into an agreement to pay the arrearage, and the 
        final date when the payment or agreement can be accepted. 
           The department of human services shall insert with the 
        notices sent to the obligee, a notice stating the intent to 
        publish the obligor's name, and the criteria used to determine 
        the publication of the obligor's name. 
           Sec. 12.  Minnesota Statutes 1993 Supplement, section 
        518.64, subdivision 2, is amended to read: 
           Subd. 2.  [MODIFICATION.] (a) The terms of an order 
        respecting maintenance or support may be modified upon a showing 
        of one or more of the following:  (1) substantially increased or 
        decreased earnings of a party; (2) substantially increased or 
        decreased need of a party or the child or children that are the 
        subject of these proceedings; (3) receipt of assistance under 
        sections 256.72 to 256.87 or 256B.01 to 256B.40; (4) a change in 
        the cost of living for either party as measured by the federal 
        bureau of statistics, any of which makes the terms unreasonable 
        and unfair; (5) extraordinary medical expenses of the child not 
        provided for under section 518.171; or (6) the addition or 
        elimination of work-related or education-related child care 
        expenses of the obligee or a substantial increase or decrease in 
        existing work-related or education-related child care expenses.  
           It is presumed that there has been a substantial change in 
        circumstances under clause (1), (2), or (4) and the terms of a 
        current support order shall be rebuttably presumed to be 
        unreasonable and unfair if the application of the child support 
        guidelines in section 518.551, subdivision 5, to the current 
        circumstances of the parties results in a calculated court order 
        that is at least 20 percent and at least $50 per month higher or 
        lower than the current support order.  
           (b) On a motion for modification of maintenance, including 
        a motion for the extension of the duration of a maintenance 
        award, the court shall apply, in addition to all other relevant 
        factors, the factors for an award of maintenance under section 
        518.552 that exist at the time of the motion.  On a motion for 
        modification of support, the court:  
           (1) shall apply section 518.551, subdivision 5, and shall 
        not consider the financial circumstances of each party's spouse, 
        if any; and 
           (2) shall not consider compensation received by a party for 
        employment in excess of a 40-hour work week, provided that the 
        party demonstrates, and the court finds, that: 
           (i) the excess employment began after entry of the existing 
        support order; 
           (ii) the excess employment is voluntary and not a condition 
        of employment; 
           (iii) the excess employment is in the nature of additional, 
        part-time employment, or overtime employment compensable by the 
        hour or fractions of an hour; 
           (iv) the party's compensation structure has not been 
        changed for the purpose of affecting a support or maintenance 
        obligation; 
           (v) in the case of an obligor, current child support 
        payments are at least equal to the guidelines amount based on 
        income not excluded under this clause; and 
           (vi) in the case of an obligor who is in arrears in child 
        support payments to the obligee, any net income from excess 
        employment must be used to pay the arrearages until the 
        arrearages are paid in full. 
           (c) A modification of support or maintenance may be made 
        retroactive only with respect to any period during which the 
        petitioning party has pending a motion for modification but only 
        from the date of service of notice of the motion on the 
        responding party and on the public authority if public 
        assistance is being furnished or the county attorney is the 
        attorney of record.  However, modification may be applied to an 
        earlier period if the court makes express findings that the 
        party seeking modification was precluded from serving a motion 
        by reason of a significant physical or mental disability, a 
        material misrepresentation of another party, or fraud upon the 
        court and that the party seeking modification, when no longer 
        precluded, promptly served a motion.  
           (d) Except for an award of the right of occupancy of the 
        homestead, provided in section 518.63, all divisions of real and 
        personal property provided by section 518.58 shall be final, and 
        may be revoked or modified only where the court finds the 
        existence of conditions that justify reopening a judgment under 
        the laws of this state, including motions under section 518.145, 
        subdivision 2.  The court may impose a lien or charge on the 
        divided property at any time while the property, or subsequently 
        acquired property, is owned by the parties or either of them, 
        for the payment of maintenance or support money, or may 
        sequester the property as is provided by section 518.24. 
           (e) The court need not hold an evidentiary hearing on a 
        motion for modification of maintenance or support. 
           (f) Section 518.14 shall govern the award of attorney fees 
        for motions brought under this subdivision. 
           Sec. 13.  Minnesota Statutes 1993 Supplement, section 
        518.68, subdivision 1, is amended to read: 
           Subdivision 1.  [REQUIREMENT.] Every court order for or 
        judgment and decree that provides for child support, spousal 
        maintenance, custody, or visitation 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. 14.  Minnesota Statutes 1993 Supplement, 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 
           Pursuant 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), pursuant to Minnesota 
           Statutes, section 609.26.  A copy of that section is 
           available from any district court clerk. 
        3.  RULES OF SUPPORT, MAINTENANCE, VISITATION 
           (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 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.  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. 
           (d) (e) A party who remarries after dissolution and accepts 
           additional obligations of support does so with the full 
           knowledge of the party's prior obligation under this 
           proceeding. 
           (e) (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).  
        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, sections 
           518.611 and 518.613, have been met.  A copy of those 
           sections is available from any district court clerk. 
        6.  CHANGE OF ADDRESS OR RESIDENCE 
           Unless otherwise ordered, the person responsible to make 
           support or maintenance payments shall notify the person 
           entitled to receive the payment and the public authority 
           responsible for collection, if applicable, of a change of 
           address or residence within 60 days of the address or 
           residence change. 
        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, 
           pursuant 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.  MEDICAL INSURANCE AND EXPENSES 
           The person responsible to pay support and the person's 
           employer or union are ordered to provide medical and dental 
           insurance and pay for uncovered expenses under the 
           conditions of Minnesota Statutes, section 518.171, unless 
           otherwise provided in this order or the statute.  A copy of 
           this statute 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. 
           Sec. 15.  Minnesota Statutes 1993 Supplement, section 
        518.68, subdivision 3, is amended to read: 
           Subd. 3.  [COPIES OF LAW AND FORMS.] The district court 
        administrator shall make available at no charge copies of 
        sections 518.14, 518.17, 518.611, 518.613, 518.641, 548.091, and 
        609.26, and shall provide forms to request or contest attorney 
        fees and collection costs or a cost-of-living increase under 
        section 518.14, subdivision 2, or 518.641. 
           Sec. 16.  Minnesota Statutes 1992, section 548.091, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [DOCKETING OF CHILD SUPPORT JUDGMENT.] On or 
        after the date an unpaid amount becomes a judgment by operation 
        of law under subdivision 1a, the obligee or the public authority 
        may file with the court administrator: 
           (1) a statement identifying, or a copy of, the judgment or 
        decree of dissolution or legal separation, determination of 
        parentage, order under chapter 518C, an order under section 
        256.87, or an order under section 260.251, which provides for 
        installment or periodic payments of child support, or a judgment 
        or notice of attorney fees and collection costs under section 
        518.14, subdivision 2; 
           (2) an affidavit of default.  The affidavit of default must 
        state the full name, occupation, place of residence, and last 
        known post office address of the obligor, the name and post 
        office address of the obligee, the date or dates payment was due 
        and not received and judgment was obtained by operation of law, 
        and the total amount of the judgments; and 
           (3) an affidavit of service of a notice of entry of 
        judgment or notice of intent to recover attorney fees and 
        collection costs on the obligor, in person or by mail at the 
        obligor's last known post office address.  Service is completed 
        upon mailing in the manner designated. 
           Sec. 17.  Minnesota Statutes 1993 Supplement, section 
        609.375, subdivision 2, is amended to read: 
           Subd. 2.  If the violation of subdivision 1 continues for a 
        period in excess of 90 days but not more than 180 days, the 
        person is guilty of a gross misdemeanor and may be sentenced to 
        imprisonment for not more than one year or to payment of a fine 
        of not more than $3,000, or both. 
           Sec. 18.  Minnesota Statutes 1992, section 609.375, is 
        amended by adding a subdivision to read: 
           Subd. 2a.  If the violation of subdivision 1 continues for 
        a period in excess of 180 days, the person is guilty of a felony 
        and upon conviction may be sentenced to imprisonment for not 
        more than two years or to payment of a fine of not more than 
        $5,000, or both. 
           Sec. 19.  Minnesota Statutes 1992, section 609.375, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [VENUE.] A person who violates this section may 
        be prosecuted and tried in the county in which the support 
        obligor resides or in the county in which the obligee or the 
        child resides. 
           Sec. 20.  Minnesota Statutes 1992, section 609.375, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [DISMISSAL OF CHARGE.] A felony charge brought 
        under subdivision 2a of this section shall be dismissed if: 
           (1) the support obligor provides the county child support 
        enforcement agency with an affidavit attesting the obligor's 
        present address, occupation, employer, and current income, and 
        consents to service of an order for automatic income 
        withholding; or 
           (2) the support obligor makes satisfactory arrangements for 
        payment with the county child support enforcement agency of all 
        accumulated arrearages and any ongoing support obligations.  For 
        purposes of this section, satisfactory arrangements shall be 
        reasonably consistent with the obligor's ability to pay.  
           In any case for which dismissal is sought under this 
        subdivision, the felony charge shall be continued for dismissal 
        for a period of six months.  If the obligor meets all 
        requirements of the payment plan within that six-month period, 
        the felony charge shall be dismissed. 
           Sec. 21.  [INCOME SHARES MODEL CHILD SUPPORT GUIDELINE.] 
           The department of human services, in consultation with the 
        commissioner's advisory committee for child support enforcement, 
        shall develop an income shares model child support guideline and 
        present it to the legislature for consideration, in addition to 
        the plan for including contested hearings in the simple, 
        statewide administrative process no later than February 1, 1995. 
           Sec. 22.  [MINNESOTA CHILD SUPPORT ASSURANCE PROGRAM.] 
           Subdivision 1.  [AUTHORIZATION TO DESIGN 
        DEMONSTRATION.] The commissioner of human services, in 
        consultation with the commissioners of education, finance, jobs 
        and training, health, and planning, the director of the higher 
        education coordinating board, and the attorney general, is 
        authorized to proceed with planning and designing the Minnesota 
        child support assurance program.  The commissioner shall not 
        proceed with the program plan if, at any point, the federal 
        government informs the state that the federal government will 
        not be seeking demonstration projects of child support assurance 
        or will not be providing enhanced federal funding.  The plan and 
        design shall include an assessment of the feasibility of the 
        state guaranteeing a minimum level of support from a 
        noncustodial parent and shall further provide that the state 
        will provide that level of support to the child in instances 
        where it is not provided by the child's noncustodial parent.  
        The program plan shall specifically determine whether and the 
        extent to which benefits received by a family under the 
        Minnesota child support assurance program will reduce benefits 
        paid to the family through the aid to families with dependent 
        children program.  The program plan shall also provide that the 
        receipt of child support assurance benefits does not negatively 
        affect any existing eligibility for child care assistance under 
        existing programs and shall consider how the receipt of child 
        support assurance benefits affects eligibility under other 
        government benefit programs, including housing assistance, 
        energy assistance, and food stamps. 
           Subd. 2.  [GOALS OF THE MINNESOTA CHILD SUPPORT ASSURANCE 
        PROGRAM.] The commissioner shall design the program to meet the 
        following goals: 
           (1) to support parents in their efforts to provide 
        financial support for their children; 
           (2) to encourage parents to meet their legal obligations of 
        support; 
           (3) to prevent long-term dependence on public assistance; 
        and 
           (4) to allow the state to compare the cost-effectiveness 
        and the efficacy of child support assurance to the Minnesota 
        family investment program in attempting to restructure the 
        existing system of public assistance. 
           Subd. 3.  [PROGRAM DATA.] As part of planning and designing 
        the Minnesota child support assurance program, the commissioner 
        shall study and make recommendations on: 
           (1) the amount of the guaranteed child support assurance 
        benefit; 
           (2) the anticipated reduction in the aid to families with 
        dependent children caseload which should result from the 
        implementation of a child support assurance program; 
           (3) the anticipated cost of the program on a demonstration 
        basis; 
           (4) the selection of counties to serve as field trial or 
        comparison sites based on criteria which will ensure reliable 
        evaluation of the program.  This selection shall be made so that 
        an adverse impact on the Minnesota family investment program is 
        avoided; and 
           (5) the waivers of all applicable federal requirements 
        needed to implement the Minnesota child support assurance 
        program in a manner consistent with the goals of the program.  
           In order to make recommendations on the amount of the 
        guaranteed child support assurance benefit, the commissioner 
        shall conduct a study of and make detailed findings on the 
        actual cost in Minnesota of items necessary to adequately meet a 
        child's basic needs.  
           The commissioner shall report the findings and 
        recommendations to the legislature by January 15, 1995. 
           Sec. 23.  [REPORT TO LEGISLATURE.] 
           The department of human services shall report to the 
        legislature by January 31, 1996, in the department of human 
        services annual report to the legislature, the fiscal 
        implications of the program, established in Minnesota Statutes, 
        section 518.575, which publishes the names of delinquent child 
        support obligors, including related costs and savings. 
           Sec. 24.  [APPROPRIATION.] 
           Subdivision 1.  $150,000 is appropriated from the general 
        fund to the commissioner of human services to plan and design 
        the child support assurance program provided for by section 22, 
        to be available until June 30, 1995. 
           Subd. 2.  $75,000 is appropriated from the general fund to 
        the commissioner of human services for the child support public 
        education campaign provided for by section 1, to be available 
        until June 30, 1995.  The commissioner shall enter into a 
        $75,000 contract with the attorney general for the 
        implementation of the campaign. 
           Subd. 3.  The appropriations in this section must not be 
        included in the budget base for the 1996-1997 biennium. 
           Sec. 25.  [EFFECTIVE DATE; APPLICATION.] 
           Section 5 (518.14) is effective August 1, 1994, and applies 
        to attorney fees and collection costs incurred on and after that 
        date, regardless of when the arrearages accrued. 
           Section 7 (518.171, subdivision 6) is effective retroactive 
        to July 1, 1993. 
           Sections 17 to 20 (609.375) are effective the day following 
        final enactment and apply to crimes committed on and after that 
        date. 
                                   ARTICLE 12
                            MISCELLANEOUS FAMILY LAW
           Section 1.  Minnesota Statutes 1993 Supplement, section 
        363.03, subdivision 3, is amended to read: 
           Subd. 3.  [PUBLIC ACCOMMODATIONS.] (a) It is an unfair 
        discriminatory practice: 
           (1) to deny any person the full and equal enjoyment of the 
        goods, services, facilities, privileges, advantages, and 
        accommodations of a place of public accommodation because of 
        race, color, creed, religion, disability, national 
        origin, marital status, sexual orientation, or sex, or for a 
        taxicab company to discriminate in the access to, full 
        utilization of, or benefit from service because of a person's 
        disability; or 
           (2) for a place of public accommodation not to make 
        reasonable accommodation to the known physical, sensory, or 
        mental disability of a disabled person.  In determining whether 
        an accommodation is reasonable, the factors to be considered may 
        include: 
           (i) the frequency and predictability with which members of 
        the public will be served by the accommodation at that location; 
           (ii) the size of the business or organization at that 
        location with respect to physical size, annual gross revenues, 
        and the number of employees; 
           (iii) the extent to which disabled persons will be further 
        served from the accommodation; 
           (iv) the type of operation; 
           (v) the nature and amount of both direct costs and 
        legitimate indirect costs of making the accommodation and the 
        reasonableness for that location to finance the accommodation; 
        and 
           (vi) the extent to which any persons may be adversely 
        affected by the accommodation. 
           State or local building codes control where applicable.  
        Violations of state or local building codes are not violations 
        of this chapter and must be enforced under normal building code 
        procedures.  
           (b) This paragraph lists general prohibitions against 
        discrimination on the basis of disability.  For purposes of this 
        paragraph "individual" or "class of individuals" refers to the 
        clients or customers of the covered public accommodation that 
        enter into the contractual, licensing, or other arrangement. 
           (1) It is discriminatory to: 
           (i) subject an individual or class of individuals on the 
        basis of a disability of that individual or class, directly or 
        through contractual, licensing, or other arrangements, to a 
        denial of the opportunity of the individual or class to 
        participate in or benefit from the goods, services, facilities, 
        privileges, advantages, or accommodations of an entity; 
           (ii) afford an individual or class of individuals on the 
        basis of the disability of that individual or class, directly or 
        through contractual, licensing, or other arrangements, with the 
        opportunity to participate in or benefit from the goods, 
        services, facilities, privileges, advantages, or accommodations 
        that are not equal to those afforded to other individuals; and 
           (iii) provide an individual or class of individuals, on the 
        basis of a disability of that individual or class, directly or 
        through contractual, licensing, or other arrangements, with 
        goods, services, facilities, privileges, advantages, or 
        accommodations that are different or separate from those 
        provided to other individuals, unless the action is necessary to 
        provide the individual or class of individuals with goods, 
        services, facilities, privileges, advantages, or accommodations, 
        or other opportunities that are as effective as those provided 
        to others. 
           (2) Goods, services, facilities, privileges, advantages, 
        and accommodations must be afforded to an individual with a 
        disability in the most integrated setting appropriate to the 
        needs of the individual. 
           (3) Notwithstanding the existence of separate or different 
        programs or activities provided in accordance with this section, 
        the individual with a disability may not be denied the 
        opportunity to participate in the programs or activities that 
        are not separate or different. 
           (4) An individual or entity may not, directly or through 
        contractual or other arrangements, use standards or criteria and 
        methods of administration: 
           (i) that have the effect of discriminating on the basis of 
        disability; or 
           (ii) that perpetuate the discrimination of others who are 
        subject to common administrative control. 
           (c) This paragraph lists specific prohibitions against 
        discrimination on the basis of disability.  For purposes of this 
        paragraph, discrimination includes: 
           (1) the imposition or application of eligibility criteria 
        that screen out or tend to screen out an individual with a 
        disability or any class of individuals with disabilities from 
        fully and equally enjoying any goods, services, facilities, 
        privileges, advantages, or accommodations, unless the criteria 
        can be shown to be necessary for the provision of the goods, 
        services, facilities, privileges, advantages, or accommodations; 
           (2) failure to make reasonable modifications in policies, 
        practices, or procedures when the modifications are necessary to 
        afford the goods, services, facilities, privileges, advantages, 
        or accommodations to individuals with disabilities, unless the 
        entity can demonstrate that making the modifications would 
        fundamentally alter the nature of the goods, services, 
        facilities, privileges, advantages, or accommodations; 
           (3) failure to take all necessary steps to ensure that no 
        individual with a disability is excluded, denied services, 
        segregated, or otherwise treated differently than other 
        individuals because of the absence of auxiliary aids and 
        services, unless the entity can demonstrate that taking the 
        steps would fundamentally alter the nature of the goods, 
        services, facilities, privileges, advantages, or accommodations 
        being offered and would result in an undue burden; 
           (4) failure to remove architectural barriers, and 
        communication barriers that are structural in nature, in 
        existing facilities, and transportation barriers in existing 
        vehicles used by an establishment for transporting individuals, 
        not including barriers that can only be removed through the 
        retrofitting of vehicles by the installation of hydraulic or 
        other lifts, if the removal is readily achievable; and 
           (5) if an entity can demonstrate that the removal of a 
        barrier under clause (4) is not readily achievable or cannot be 
        considered a reasonable accommodation, a failure to make the 
        goods, services, facilities, privileges, advantages, or 
        accommodations available through alternative means if the means 
        are readily achievable. 
           (d) Nothing in this chapter requires an entity to permit an 
        individual to participate in and benefit from the goods, 
        services, facilities, privileges, advantages, and accommodations 
        of the entity if the individual poses a direct threat to the 
        health or safety of others.  "Direct threat" means a significant 
        risk to the health or safety of others that cannot be eliminated 
        by a modification of policies, practices, or procedures or by 
        the provision of auxiliary aids or services. 
           (e) No individual may be discriminated against on the basis 
        of disability in the full and equal enjoyment of specified 
        public transportation services provided by a private entity that 
        is primarily engaged in the business of transporting people and 
        whose operations affect commerce.  For purposes of this 
        paragraph, it is an unfair discriminatory practice for a private 
        entity providing public transportation to engage in one or more 
        of the following practices: 
           (1) imposition or application of eligibility criteria that 
        screen out, or tend to screen out, an individual with a 
        disability or a class of individuals with disabilities from 
        fully enjoying the specified public transportation services 
        provided by the entity, unless the criteria can be shown to be 
        necessary for the provision of the services being offered; 
           (2) failure to make reasonable modifications, provide 
        auxiliary aids and services, and remove barriers, consistent 
        with section 363.03, subdivision 3, paragraph (c); 
           (3) the purchase or lease of a new vehicle, other than an 
        automobile or van with a seating capacity of fewer than eight 
        passengers, including the driver, or an over-the-road bus, that 
        is to be used to provide specified public transportation that is 
        not readily accessible to and usable by individuals with 
        disabilities, including individuals who use wheelchairs, except 
        that a new vehicle need not be readily accessible to and usable 
        by individuals with disabilities if the vehicle is to be used 
        solely in a demand responsive system and if the private entity 
        can demonstrate that the system, when viewed in its entirety, 
        provides a level of services to individuals with disabilities 
        equivalent to the level of service provided to the general 
        public; 
           (4) purchase or lease a new railroad passenger car that is 
        to be used to provide specified public transportation if the car 
        is not readily accessible to and usable by individuals with 
        disabilities, including individuals who use wheelchairs, or to 
        manufacture railroad passenger cars or purchase used cars that 
        have been remanufactured so as to extend their usable life by 
        ten years or more, unless the remanufactured car, to the maximum 
        extent feasible, is made readily accessible to and usable by 
        individuals with disabilities, including individuals who use 
        wheelchairs, except that compliance with this clause is not 
        required to the extent that compliance would significantly alter 
        the historic or antiquated character of historic or antiquated 
        railroad passenger cars or rail stations served exclusively by 
        those cars; 
           (5) purchase or lease a new, used, or remanufactured 
        vehicle with a seating capacity in excess of 16 passengers, 
        including the driver, for use on a fixed route public 
        transportation system, that is not readily accessible to and 
        usable by individuals with disabilities, including individuals 
        who use wheelchairs.  If a private entity that operates a fixed 
        route public transportation system purchases or leases a new, 
        used, or remanufactured vehicle with a seating capacity of 16 
        passengers or fewer, including the driver, for use on the system 
        which is not readily accessible to and usable by individuals 
        with disabilities, it is an unfair discriminatory practice for 
        the entity to fail to operate the system so that, when viewed in 
        its entirety, the system ensures a level of service to 
        individuals with disabilities, including individuals who use 
        wheelchairs, equivalent to the level of service provided to 
        individuals without disabilities; or 
           (6) to fail to operate a demand responsive system so that, 
        when viewed in its entirety, the system ensures a level of 
        service to individuals with disabilities, including individuals 
        who use wheelchairs, equivalent to the level of service provided 
        to individuals without disabilities.  It is an unfair 
        discriminatory practice for the entity to purchase or lease for 
        use on a demand responsive system a new, used, or remanufactured 
        vehicle with a seating capacity in excess of 16 passengers, 
        including the driver, that is not readily accessible to and 
        usable by individuals with disabilities, including individuals 
        who use wheelchairs, unless the entity can demonstrate that the 
        system, when viewed in its entirety, provides a level of service 
        to individuals with disabilities equivalent to that provided to 
        individuals without disabilities. 
           (f) It is an unfair discriminatory practice to construct a 
        new facility or station to be used in the provision of public 
        transportation services, unless the facilities or stations are 
        readily accessible to and usable by individuals with 
        disabilities, including individuals who use wheelchairs.  It is 
        an unfair discriminatory practice for a facility or station 
        currently used for the provision of public transportation 
        services defined in this subdivision to fail to make alterations 
        necessary in order, to the maximum extent feasible, to make the 
        altered portions of facilities or stations readily accessible to 
        and usable by individuals with disabilities, including 
        individuals who use wheelchairs.  If the private entity is 
        undertaking an alteration that affects or could affect the 
        usability of or access to an area of the facility containing a 
        primary function, the entity shall make the alterations so that, 
        to the maximum extent feasible, the path of travel to the 
        altered area, and the bathrooms, drinking fountains, and 
        telephones serving the altered area, are readily accessible to 
        and usable by individuals with disabilities if the alterations 
        to the path of travel or to the functions mentioned are not 
        disproportionate to the overall alterations in terms of cost and 
        scope.  The entity raising this defense has the burden of proof, 
        and the department shall review these cases on a case-by-case 
        basis. 
           Sec. 2.  Minnesota Statutes 1992, section 518.11, is 
        amended to read: 
           518.11 [SERVICE; PUBLICATION.] 
           (a) Unless a proceeding is brought by both parties, copies 
        of the summons and petition shall be served on the respondent 
        personally.  
           (b) When service is made out of this state and within the 
        United States, it may be proved by the affidavit of the person 
        making the same.  When service is made without the United States 
        it may be proved by the affidavit of the person making the same, 
        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 such country, including all deputies or other 
        representatives of such officer authorized to perform their 
        duties; or before an officer authorized to administer an oath 
        with the certificate of an officer of a court of record of the 
        country wherein such affidavit is taken as to the identity and 
        authority of the officer taking the same.  But, 
           (c) If personal service cannot be made, the court may order 
        service of the summons by publication, which publication shall 
        be made as in other actions. alternate means.  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.  Also, the court may require the 
        petitioner to make efforts to locate the respondent by telephone 
        calls to appropriate persons.  Service shall be deemed complete 
        21 days after mailing or 21 days after court-ordered publication.
           Sec. 3.  [518.158] [GRANDPARENT EX PARTE TEMPORARY CUSTODY 
        ORDER.] 
           Subdivision 1.  [FACTORS.] It is presumed to be in the best 
        interests of the child for the court to grant temporary custody 
        to a grandparent under subdivision 2 if a minor child has 
        resided with the grandparent for a period of 12 months or more 
        and the following circumstances exist without good cause: 
           (1) the parent has had no contact with the child on a 
        regular basis and no demonstrated, consistent participation in 
        the child's well-being for six months; or 
           (2) the parent, during the time the child resided with the 
        grandparent, has refused or neglected to comply with the duties 
        imposed upon the parent by the parent and child relationship, 
        including but not limited to providing the child necessary food, 
        clothing, shelter, health care, education, and other care and 
        control necessary for the child's physical, mental, or emotional 
        health and development. 
           Subd. 2.  [EMERGENCY CUSTODY HEARING.] If the parent seeks 
        to remove the child from the home of the grandparent and the 
        factors in subdivision 1 exist, the grandparent may apply for an 
        ex parte temporary order for custody of the child.  The court 
        shall grant temporary custody if it finds, based on the 
        application, that the factors in subdivision 1 exist.  If it 
        finds that the factors in subdivision 1 do not exist, the court 
        shall order that the child be returned to the parent.  An ex 
        parte temporary custody order under this subdivision is good for 
        a fixed period not to exceed 14 days.  A temporary custody 
        hearing under this chapter must be set for not later than seven 
        days after issuance of the ex parte temporary custody order.  
        The parent must be promptly served with a copy of the ex parte 
        order and the petition and notice of the date for the hearing. 
           Subd. 3.  [FURTHER PROCEEDINGS.] If the court orders 
        temporary physical custody to the grandparent under subdivision 
        2 and the grandparent or parent seeks to pursue further 
        temporary or permanent custody of the child, the custody issues 
        must be determined pursuant to a petition under this chapter and 
        the other standards and procedures of this chapter apply.  This 
        section does not affect any rights or remedies available under 
        other law. 
           Subd. 4.  [RETURN TO PARENT.] If the court orders permanent 
        custody to a grandparent under this section, the court shall set 
        conditions the parent must meet in order to obtain custody.  The 
        court may notify the parent that the parent may request 
        assistance from the local social service agency in order to meet 
        the conditions set by the court. 
           Sec. 4.  Minnesota Statutes 1992, section 518.17, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [THE BEST INTERESTS OF THE CHILD.] (a) "The 
        best interests of the child" means all relevant factors to be 
        considered and evaluated by the court including: 
           (1) the wishes of the child's parent or parents as to 
        custody; 
           (2) the reasonable preference of the child, if the court 
        deems the child to be of sufficient age to express preference; 
           (3) the child's primary caretaker; 
           (4) the intimacy of the relationship between each parent 
        and the child; 
           (5) the interaction and interrelationship of the child with 
        a parent or parents, siblings, and any other person who may 
        significantly affect the child's best interests; 
           (6) the child's adjustment to home, school, and community; 
           (7) the length of time the child has lived in a stable, 
        satisfactory environment and the desirability of maintaining 
        continuity; 
           (8) the permanence, as a family unit, of the existing or 
        proposed custodial home; 
           (9) the mental and physical health of all individuals 
        involved; except that a disability, as defined in section 
        363.01, of a proposed custodian or the child shall not be 
        determinative of the custody of the child, unless the proposed 
        custodial arrangement is not in the best interest of the child; 
           (10) the capacity and disposition of the parties to give 
        the child love, affection, and guidance, and to continue 
        educating and raising the child in the child's culture and 
        religion or creed, if any; 
           (11) the child's cultural background; and 
           (12) the effect on the child of the actions of an abuser, 
        if related to domestic abuse, as defined in section 518B.01, 
        that has occurred between the parents; and 
           (13) except in cases in which a finding of domestic abuse 
        as defined in section 518B.01 has been made, the disposition of 
        each parent to encourage and permit frequent and continuing 
        contact by the other parent with the child. 
           The court may not use one factor to the exclusion of all 
        others.  The primary caretaker factor may not be used as a 
        presumption in determining the best interests of the child.  The 
        court must make detailed findings on each of the factors and 
        explain how the factors led to its conclusions and to the 
        determination of the best interests of the child.  
           (b) The court shall not consider conduct of a proposed 
        custodian that does not affect the custodian's relationship to 
        the child. 
           Sec. 5.  Minnesota Statutes 1992, section 518B.01, 
        subdivision 8, is amended to read: 
           Subd. 8.  [SERVICE OF ORDER; ALTERNATE SERVICE; 
        PUBLICATION.] (a) The petition and any order issued under this 
        section shall be personally served upon 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.  Also, the court may require the 
        petitioner to make efforts to locate the respondent by telephone 
        calls to appropriate persons.  Service shall be deemed complete 
        21 days after mailing or 21 days after court-ordered publication.
           Sec. 6.  [STUDY OF WAYS TO NURTURE THE FAMILY.] 
           The children's cabinet shall study ways to promote, 
        support, protect, and nurture the family.  They shall recommend 
        changes in government and nongovernment programs and Minnesota 
        Statutes that will encourage the preservation of the family.  
        The children's cabinet shall report the findings to the 
        legislature by February 1, 1995. 
           Sec. 7.  [EFFECTIVE DATE.] 
           Section 3 (518.158) is effective the day after final 
        enactment. 
           Presented to the governor May 6, 1994 
           Signed by the governor May 10, 1994, 3:58 p.m.

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