1.1                                         A bill for an act&#10;1.2      relating to family law; requiring notification of noncustodial parents, corrections &#10;1.3     agents, local welfare agencies, and the court, of residence of a custodial parent &#10;1.4     with certain convicted persons; changing certain presumptions relating to &#10;1.5     paternity; creating a presumption concerning parenting time; disallowing certain &#10;1.6     convicted persons from becoming custodians of unrelated children; changing &#10;1.7     certain procedures for removal of a child's residence from Minnesota; changing &#10;1.8     certain requirements in summary real estate disposition judgments; identifying &#10;1.9     pension plans subject to marital property division; authorizing the Department of &#10;1.10    Human Services to collect spousal maintenance; providing for certain appeals; &#10;1.11    changing certain provisions concerning adoption communication or contact &#10;1.12    agreements; requiring certain background checks; amending Minnesota Statutes &#10;1.13    2004, sections 257.55, subdivision 1; 257.57, subdivision 2; 257.62, subdivision &#10;1.14    5; 257C.03, subdivision 7; 259.24, subdivisions 1, 2a, 5, 6a; 259.58; 260C.201, &#10;1.15    subdivision 11; 260C.212, subdivision 4; 484.65, subdivision 9; 518.091, &#10;1.16    subdivision 1; 518.1705, subdivisions 4, 7; 518.175, subdivision 3, by adding a &#10;1.17    subdivision; 518.179, by adding a subdivision; 518.18; 518.191, subdivisions 2, &#10;1.18    4; 518.54, subdivisions 4a, 14, by adding a subdivision; 518.551, subdivision &#10;1.19    1; 518.58, subdivision 4; proposing coding for new law in Minnesota Statutes, &#10;1.20    chapters 244; 257; 260C.&#10;1.21     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:&#10;&#10;<a id="go.0.1.0"></a>1.22        Section 1. <ins><b>[244.057] OFFENDERS RESIDING IN HOUSEHOLDS WITH </b></ins>&#10;1.23    <ins><b>CHILDREN; NOTICE TO CORRECTIONS AGENT.</b></ins>&#10;1.24    <ins>An offender required to register as a predatory offender under section </ins><ins>243.166</ins><ins> shall </ins>&#10;1.25    <ins>inform the offender's corrections agent if the offender is residing in a household where a </ins>&#10;1.26    <ins>child is residing.  The offender shall inform the agent of the name, age, and relationship </ins>&#10;1.27    <ins>to the offender of all children residing in the household.  The offender's correction agent </ins>&#10;1.28    <ins>shall notify the child's parents, if any, and the legal guardians or physical custodians, if </ins>&#10;1.29    <ins>any, that the child is residing with a predatory offender.</ins>&#10;2.1     <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2005, and applies to </ins>&#10;2.2     <ins>persons under correctional supervision on or after that date.</ins>&#10;&#10;<a id="go.0.2.0"></a>2.3         Sec. 2. <ins><b>[257.026] NOTIFICATION OF RESIDENCE WITH CERTAIN </b></ins>&#10;2.4     <ins><b>CONVICTED PERSONS.</b></ins>&#10;2.5     <ins>A person who is granted or exercises custody of a child or parenting time with a </ins>&#10;2.6     <ins>child under this chapter or chapter 518 must notify the child's other parent, if any, the </ins>&#10;2.7     <ins>county social services agency, and the court that granted the custody or parenting time, if </ins>&#10;2.8     <ins>the person knowingly marries or lives in the same residence with a person who has been </ins>&#10;2.9     <ins>convicted of a crime listed in section </ins><ins>518.179, subdivision 2</ins><ins>.</ins>&#10;&#10;<a id="go.0.3.0"></a>2.10        Sec. 3. Minnesota Statutes 2004, section 257.55, subdivision 1, is amended to read:&#10;2.11         Subdivision 1. <b>Presumption.</b>  A man is presumed to be the biological father of &#10;2.12    a child if:&#10;2.13     (a) He and the child's biological mother are or have been married to each other and &#10;2.14    the child is born during the marriage, or within 280 days after the marriage is terminated &#10;2.15    by death, annulment, declaration of invalidity, dissolution, or divorce, or after a decree of &#10;2.16    legal separation is entered by a court. The presumption in this paragraph does not apply if &#10;2.17    the man has joined in a recognition of parentage recognizing another man as the biological &#10;2.18    father under section 257.75, subdivision 1a;&#10;2.19     (b) Before the child's birth, he and the child's biological mother have attempted to &#10;2.20    marry each other by a marriage solemnized in apparent compliance with law, although the &#10;2.21    attempted marriage is or could be declared void, voidable, or otherwise invalid, and,&#10;2.22     (1) if the attempted marriage could be declared invalid only by a court, the child &#10;2.23    is born during the attempted marriage, or within 280 days after its termination by death, &#10;2.24    annulment, declaration of invalidity, dissolution or divorce; or&#10;2.25     (2) if the attempted marriage is invalid without a court order, the child is born within &#10;2.26    280 days after the termination of cohabitation;&#10;2.27     (c) After the child's birth, he and the child's biological mother have married, or &#10;2.28    attempted to marry, each other by a marriage solemnized in apparent compliance with &#10;2.29    law, although the attempted marriage is or could be declared void, voidable, or otherwise &#10;2.30    invalid, and,&#10;2.31     (1) he has acknowledged his paternity of the child in writing filed with the state &#10;2.32    registrar of vital statistics;&#10;2.33     (2) with his consent, he is named as the child's father on the child's birth record; or&#10;3.1      (3) he is obligated to support the child under a written voluntary promise or by &#10;3.2     court order;&#10;3.3      (d) <del>While the child is under the age of majority, he receives the child into his home </del>&#10;3.4     <ins>During the first two years of the child's life, he resided in the same household with the </ins>&#10;3.5     <ins>child for at least 12 months </ins>and openly <del>holds </del><ins>held </ins>out the child as his <del>biological child </del><ins>own</ins>;&#10;3.6      (e) He and the child's biological mother acknowledge his paternity of the child in a &#10;3.7     writing signed by both of them under section 257.34 and filed with the state registrar of &#10;3.8     vital statistics.  If another man is presumed under this paragraph to be the child's father, &#10;3.9     acknowledgment may be effected only with the written consent of the presumed father or &#10;3.10    after the presumption has been rebutted;&#10;3.11     (f) <del>Evidence of statistical probability of paternity based on blood or genetic testing </del>&#10;3.12    <del>establishes the likelihood that he is the father of the child, calculated with a prior </del>&#10;3.13    <del>probability of no more than </del><del>0.5</del><del> (50 percent), is 99 percent or greater;</del>&#10;3.14     <del>(g)</del> He and the child's biological mother have executed a recognition of parentage &#10;3.15    in accordance with section 257.75 and another man is presumed to be the father under &#10;3.16    this subdivision;&#10;3.17    <del> (h) </del><ins>(g) </ins>He and the child's biological mother have executed a recognition of parentage &#10;3.18    in accordance with section 257.75 and another man and the child's mother have executed &#10;3.19    a recognition of parentage in accordance with section 257.75; or&#10;3.20    <del> (i) </del><ins>(h) </ins>He and the child's biological mother executed a recognition of parentage in &#10;3.21    accordance with section 257.75 when either or both of the signatories were less than &#10;3.22    18 years of age.&#10;&#10;<a id="go.0.4.0"></a>3.23        Sec. 4. Minnesota Statutes 2004, section 257.57, subdivision 2, is amended to read:&#10;3.24         Subd. 2. <b>Actions under other paragraphs of section 257.55, subdivision 1.</b>  The &#10;3.25    child, the mother, or personal representative of the child, the public authority chargeable &#10;3.26    by law with the support of the child, the personal representative or a parent of the mother &#10;3.27    if the mother has died or is a minor, a man alleged or alleging himself to be the father, or &#10;3.28    the personal representative or a parent of the alleged father if the alleged father has died or &#10;3.29    is a minor may bring an action:&#10;3.30     (1) at any time for the purpose of declaring the existence of the father and child &#10;3.31    relationship presumed under <del>section </del><ins> sections </ins>257.55, subdivision 1, paragraph (d), (e), &#10;3.32    <del>(f),</del> (g), or (h), <ins>and </ins><ins>257.62, subdivision 5</ins><ins>, paragraph (b), </ins>or the nonexistence of the father &#10;3.33    and child relationship presumed under<ins> section </ins><ins>257.55, subdivision 1</ins><ins>, </ins>clause (d) <del>of that </del>&#10;3.34    <del>subdivision</del>;&#10;4.1      (2) for the purpose of declaring the nonexistence of the father and child relationship &#10;4.2     presumed under section 257.55, subdivision 1, paragraph (e) or (g), only if the action is &#10;4.3     brought within six months after the person bringing the action obtains the results of blood &#10;4.4     or genetic tests that indicate that the presumed father is not the father of the child;&#10;4.5      (3) for the purpose of declaring the nonexistence of the father and child relationship &#10;4.6     presumed under section <del>257.55, subdivision 1, paragraph (f) </del><ins>257.62, subdivision 5, </ins>&#10;4.7     <ins>paragraph (b)</ins>, only if the action is brought within three years after the party bringing &#10;4.8     the action, or the party's attorney of record, has been provided the blood or genetic test &#10;4.9     results; or&#10;4.10     (4) for the purpose of declaring the nonexistence of the father and child relationship &#10;4.11    presumed under section 257.75, subdivision 9, only if the action is brought by the minor &#10;4.12    signatory within six months after the minor signatory reaches the age of 18.  In the case of &#10;4.13    a recognition of parentage executed by two minor signatories, the action to declare the &#10;4.14    nonexistence of the father and child relationship must be brought within six months after &#10;4.15    the youngest signatory reaches the age of 18.&#10;&#10;<a id="go.0.5.0"></a>4.16        Sec. 5. Minnesota Statutes 2004, section 257.62, subdivision 5, is amended to read:&#10;4.17         Subd. 5. <b>Positive test results.</b>  (a) If the results of blood or genetic tests completed &#10;4.18    in a laboratory accredited by the American Association of Blood Banks indicate that &#10;4.19    the likelihood of the alleged father's paternity, calculated with a prior probability of no &#10;4.20    more than 0.5 (50 percent), is 92 percent or greater, upon motion the court shall order the &#10;4.21    alleged father to pay temporary child support determined according to chapter 518.  The &#10;4.22    alleged father shall pay the support money to the public authority if the public authority is &#10;4.23    a party and is providing services to the parties or, if not, into court pursuant to the Rules of &#10;4.24    Civil Procedure to await the results of the paternity proceedings.&#10;4.25     (b) If the results of blood or genetic tests completed in a laboratory accredited by &#10;4.26    the American Association of Blood Banks indicate that likelihood of the alleged father's &#10;4.27    paternity, calculated with a prior probability of no more than 0.5 (50 percent), is 99 percent &#10;4.28    or greater, <ins>there is an evidentiary presumption that </ins>the alleged father is <del>presumed to be </del>the &#10;4.29    <del>parent </del><ins> biological father </ins>and the party opposing the establishment of the alleged father's &#10;4.30    paternity has the burden of proving by clear and convincing evidence that the alleged &#10;4.31    father is not the father of the child.&#10;4.32    <ins>A determination under this subdivision that the alleged father is the biological </ins>&#10;4.33    <ins>father does not preclude the adjudication of another man as the legal father pursuant to </ins>&#10;4.34    <ins>section </ins><ins>257.55, subdivision 2</ins><ins>, nor does it allow the donor of genetic material for assisted </ins>&#10;5.1     <ins>reproduction for the benefit of the recipient parent(s), whether sperm or ovum (egg), to </ins>&#10;5.2     <ins>claim to be the child's biological and/or legal parent.</ins>&#10;&#10;<a id="go.0.6.0"></a>5.3         Sec. 6. Minnesota Statutes 2004, section 257C.03, subdivision 7, is amended to read:&#10;5.4          Subd. 7. <b>Interested third party; burden of proof; factors.</b>  (a) To establish that an &#10;5.5     individual is an interested third party, the individual must:&#10;5.6      (1) show by clear and convincing evidence that one of the following factors exist:&#10;5.7      (i) the parent has abandoned, neglected, or otherwise exhibited disregard for the &#10;5.8     child's well-being to the extent that the child will be harmed by living with the parent;&#10;5.9      (ii) placement of the child with the individual takes priority over preserving the &#10;5.10    day-to-day parent-child relationship because of the presence of physical or emotional &#10;5.11    danger to the child, or both; or&#10;5.12     (iii) other extraordinary circumstances; <del>and </del>&#10;5.13     (2) prove by a preponderance of the evidence that it is in the best interests of the &#10;5.14    child to be in the custody of the interested third party<ins>; and </ins>&#10;5.15    <ins>(3) show by clear and convincing evidence that granting the petition would not </ins>&#10;5.16    <ins>violate section </ins><ins>518.179</ins><ins>, subdivision 1a</ins>.&#10;5.17     (b) The following factors must be considered by the court in determining an &#10;5.18    interested third party's petition:&#10;5.19     (1) the amount of involvement the interested third party had with the child during &#10;5.20    the parent's absence or during the child's lifetime;&#10;5.21     (2) the amount of involvement the parent had with the child during the parent's &#10;5.22    absence;&#10;5.23     (3) the presence or involvement of other interested third parties;&#10;5.24     (4) the facts and circumstances of the parent's absence;&#10;5.25     (5) the parent's refusal to comply with conditions for retaining custody set forth &#10;5.26    in previous court orders;&#10;5.27     (6)  whether the parent now seeking custody was previously prevented from doing so &#10;5.28    as a result of domestic violence;&#10;5.29     (7) whether a sibling of the child is already in the care of the interested third party; &#10;5.30    and&#10;5.31     (8) the existence of a standby custody designation under chapter 257B.&#10;5.32     (c) In determining the best interests of the child, the court must apply the standards &#10;5.33    in section 257C.04.&#10;&#10;<a id="go.0.7.0"></a>5.34        Sec. 7. Minnesota Statutes 2004, section 259.24, subdivision 1, is amended to read:&#10;6.1          Subdivision 1. <b>Exceptions.</b>  No child shall be adopted without the consent of the &#10;6.2     child's parents and the child's guardian, if there be one, except in the following instances:&#10;6.3      (a) Consent shall not be required of a parent not entitled to notice of the proceedings.&#10;6.4      (b) Consent shall not be required of a parent who has abandoned the child, or &#10;6.5     of a parent who has lost custody of the child through a divorce decree or a decree of &#10;6.6     dissolution, and upon whom notice has been served as required by section 259.49.&#10;6.7      (c) Consent shall not be required of a parent whose parental rights to the child have &#10;6.8     been terminated by a juvenile court or who has lost custody of a child through a final &#10;6.9     commitment of the juvenile court or through a decree in a prior adoption proceeding.&#10;6.10     (d) If there be no parent or guardian qualified to consent to the adoption, the consent &#10;6.11    <del>may </del><ins>shall </ins>be given by the commissioner. <ins>After the court accepts a parent's consent to </ins>&#10;6.12    <ins>the adoption under section </ins><ins>260C.201, subdivision 11</ins><ins>, consent by the commissioner or </ins>&#10;6.13    <ins>commissioner's delegate is also necessary. Agreement to the identified prospective </ins>&#10;6.14    <ins>adoptive parent by the responsible social services agency under section </ins><ins>260C.201</ins><ins>, </ins>&#10;6.15    <ins>subdivision 11, does not constitute the required consent.</ins>&#10;6.16     (e) The commissioner or agency having authority to place a child for adoption &#10;6.17    pursuant to section 259.25, subdivision 1, shall have the exclusive right to consent to the &#10;6.18    adoption of such child.  The commissioner or agency shall make every effort to place &#10;6.19    siblings together for adoption.  Notwithstanding any rule to the contrary, the commissioner &#10;6.20    may delegate the right to consent to the adoption or separation of siblings, if it is in the &#10;6.21    child's best interest, to a local social services agency.&#10;&#10;<a id="go.0.8.0"></a>6.22        Sec. 8. Minnesota Statutes 2004, section 259.24, subdivision 2a, is amended to read:&#10;6.23         Subd. 2a. <b>Time of consent; notice of intent to consent to adoption.</b>  (a) Not &#10;6.24    sooner than 72 hours after the birth of a child and not later than 60 days after the child's &#10;6.25    placement in a prospective adoptive home, a person whose consent is required under this &#10;6.26    section shall execute a consent.&#10;6.27     (b) Unless all birth parents from whom consent is required under this section are &#10;6.28    involved in making the adoptive placement and intend to consent to the adoption, a birth &#10;6.29    parent who intends to execute a consent to an adoption must give notice to the child's &#10;6.30    other birth parent of the intent to consent to the adoption prior to or within 72 hours &#10;6.31    following the placement of the child, if the other birth parent's consent to the adoption is &#10;6.32    required under subdivision 1.  The birth parent who receives notice shall have 60 days &#10;6.33    after the placement of the child to either consent or refuse to consent to the adoption.  If &#10;6.34    the birth parent who receives notice fails to take either of these actions, that parent shall be &#10;6.35    deemed to have irrevocably consented to the child's adoption. <ins>The notice provisions of </ins>&#10;7.1     <ins>chapter 260C and the Rules of Juvenile Protection Procedure shall apply to both parents </ins>&#10;7.2     <ins>when the consent to adopt is executed under section </ins><ins>260C.201, subdivision 11</ins><ins>.</ins>&#10;7.3      (c) When notice is required under this subdivision, it shall be provided to the other &#10;7.4     birth parent according to the Rules of Civil Procedure for service of a summons and &#10;7.5     complaint.&#10;&#10;<a id="go.0.9.0"></a>7.6         Sec. 9. Minnesota Statutes 2004, section 259.24, subdivision 5, is amended to read:&#10;7.7          Subd. 5. <b>Execution.</b>  All consents to an adoption shall be in writing, executed before &#10;7.8     two competent witnesses, and acknowledged by the consenting party.  In addition, all &#10;7.9     consents to an adoption, except those by the commissioner, the commissioner's agent, &#10;7.10    a licensed child-placing agency, an adult adoptee, or the child's parent in a petition for &#10;7.11    adoption by a stepparent, shall be executed before a representative of the commissioner, &#10;7.12    the commissioner's agent, or a licensed child-placing agency.  All consents by a parent:&#10;7.13     (1) shall contain notice to the parent of the substance of subdivision 6a, providing &#10;7.14    for the right to withdraw consent <ins>unless the parent will not have the right to withdraw </ins>&#10;7.15    <ins>consent because consent was executed under section </ins><ins>260C.201</ins><ins>, subdivision 11, following </ins>&#10;7.16    <ins>proper notice that consent given under that provision is irrevocable upon acceptance by </ins>&#10;7.17    <ins>the court as provided in subdivision 6a</ins>; and&#10;7.18     (2) shall contain the following written notice in all capital letters at least one-eighth &#10;7.19    inch high:&#10;7.20     "This agency will submit your consent to adoption to the court.  The consent itself &#10;7.21    does not terminate your parental rights.  Parental rights to a child may be terminated only &#10;7.22    by an adoption decree or by a court order terminating parental rights.  Unless the child is &#10;7.23    adopted or your parental rights are terminated, you may be asked to support the child."&#10;7.24     Consents shall be filed in the adoption proceedings at any time before the matter &#10;7.25    is heard provided, however, that a consent executed and acknowledged outside of this &#10;7.26    state, either in accordance with the law of this state or in accordance with the law of the &#10;7.27    place where executed, is valid.&#10;&#10;<a id="go.0.10.0"></a>7.28        Sec. 10. Minnesota Statutes 2004, section 259.24, subdivision 6a, is amended to read:&#10;7.29         Subd. 6a. <b>Withdrawal of consent.</b> <ins>Except for consents executed under section </ins>&#10;7.30    <ins>260C.201, subdivision 11</ins><ins>, </ins>a parent's consent to adoption may be withdrawn for any &#10;7.31    reason within ten working days after the consent is executed and acknowledged. Written &#10;7.32    notification of withdrawal of consent must be received by the agency to which the &#10;7.33    child was surrendered no later than the tenth working day after the consent is executed &#10;7.34    and acknowledged.  On the day following the tenth working day after execution and &#10;8.1     acknowledgment, the consent shall become irrevocable, except upon order of a court &#10;8.2     of competent jurisdiction after written findings that consent was obtained by fraud. <ins>A </ins>&#10;8.3     <ins>consent to adopt executed under section </ins><ins>260C.201</ins><ins>, subdivision 11, is irrevocable upon </ins>&#10;8.4     <ins>proper notice to both parents of the effect of a consent to adopt and acceptance by the </ins>&#10;8.5     <ins>court, except upon order of the same court after written findings that the consent was </ins>&#10;8.6     <ins>obtained by fraud. </ins>In proceedings to determine the existence of fraud, the adoptive parents &#10;8.7     and the child shall be made parties.  The proceedings shall be conducted to preserve the &#10;8.8     confidentiality of the adoption process.  There shall be no presumption in the proceedings &#10;8.9     favoring the birth parents over the adoptive parents.&#10;&#10;<a id="go.0.11.0"></a>8.10        Sec. 11. Minnesota Statutes 2004, section 259.58, is amended to read:&#10;8.11    <b> 259.58 COMMUNICATION OR CONTACT AGREEMENTS.</b>&#10;8.12     Adoptive parents and a birth relative or foster parents may enter an agreement &#10;8.13    regarding communication with or contact between an adopted minor, adoptive parents, and &#10;8.14    a birth relative or foster parents under this section.  An agreement may be entered between:&#10;8.15     (1) adoptive parents and a birth parent;&#10;8.16     (2) adoptive parents and any other birth relative or foster parent with whom the child &#10;8.17    resided before being adopted; or&#10;8.18     (3) adoptive parents and any other birth relative if the child is adopted by a birth &#10;8.19    relative upon the death of both birth parents.&#10;8.20     For purposes of this section, "birth relative" means a parent, stepparent, grandparent, &#10;8.21    brother, sister, uncle, or aunt of a minor adoptee.  This relationship may be by blood, &#10;8.22    adoption, or marriage.  For an Indian child, birth relative includes members of the extended &#10;8.23    family as defined by the law or custom of the Indian child's tribe or, in the absence of laws &#10;8.24    or custom, nieces, nephews, or first or second cousins, as provided in the Indian Child &#10;8.25    Welfare Act, United States Code, title 25, section 1903.&#10;8.26     (a) An agreement regarding communication with or contact between minor adoptees, &#10;8.27    adoptive parents, and a birth relative is not legally enforceable unless the terms of the &#10;8.28    agreement are contained in a written court order entered in accordance with this section.  &#10;8.29    An order may be sought at any time before a decree of adoption is granted.  The order &#10;8.30    must be issued within 30 days of being submitted to the court or by the granting of the &#10;8.31    decree of adoption, whichever is earlier.  The court shall not enter a proposed order unless &#10;8.32    the terms of the order have been approved in writing by the prospective adoptive parents, &#10;8.33    a birth relative or foster parent who desires to be a party to the agreement, and, if the child &#10;8.34    is in the custody of or under the guardianship of an agency, a representative of the agency.  &#10;8.35    A birth parent must approve in writing of an agreement between adoptive parents and any &#10;9.1     other birth relative or foster parent, unless an action has been filed against the birth parent &#10;9.2     by a county under chapter 260.  An agreement under this section need not disclose the &#10;9.3     identity of the parties to be legally enforceable.  The court shall not enter a proposed order &#10;9.4     unless the court finds that the communication or contact between the minor adoptee, the &#10;9.5     adoptive parents, and a birth relative as agreed upon and contained in the proposed order &#10;9.6     would be in the minor adoptee's best interests.  The court shall mail a certified copy of &#10;9.7     the order to the parties to the agreement or their representatives at the addresses provided &#10;9.8     by the petitioners.&#10;9.9      (b) Failure to comply with the terms of an agreed order regarding communication or &#10;9.10    contact that has been entered by the court under this section is not grounds for:&#10;9.11     (1) setting aside an adoption decree; or&#10;9.12     (2) revocation of a written consent to an adoption after that consent has become &#10;9.13    irrevocable.&#10;9.14     (c) An agreed order entered under this section may be enforced by filing a petition &#10;9.15    or motion with the family court that includes a certified copy of the order granting the &#10;9.16    communication, contact, or visitation, but only if the petition or motion is accompanied by &#10;9.17    an affidavit that the parties have mediated or attempted to mediate any dispute under the &#10;9.18    agreement or that the parties agree to a proposed modification.  The prevailing party may &#10;9.19    be awarded reasonable attorney's fees and costs.  The court shall not modify an agreed &#10;9.20    order under this section unless it finds that the modification is necessary to serve the &#10;9.21    best interests of the minor adoptee, and:&#10;9.22     (1) the modification is agreed to by the parties to the agreement; or&#10;9.23     (2) exceptional circumstances have arisen since the agreed order was entered that &#10;9.24    justify modification of the order.&#10;9.25    <ins>(d) For children under state guardianship when there is a written communication </ins>&#10;9.26    <ins>or contact agreement between prospective adoptive parents and birth relatives other than </ins>&#10;9.27    <ins>birth parents it must be included in the final adoption decree unless all the parties agree </ins>&#10;9.28    <ins>to omit it.  If the adoptive parents or birth relatives do not honor the communication or </ins>&#10;9.29    <ins>contact agreement, the court shall determine the terms of the communication and contact </ins>&#10;9.30    <ins>agreement.</ins>&#10;&#10;<a id="go.0.12.0"></a>9.31        Sec. 12. Minnesota Statutes 2004, section 260C.201, subdivision 11, is amended to &#10;9.32    read:&#10;9.33         Subd. 11. <b>Review of court-ordered placements; permanent placement </b>&#10;9.34    <b>determination.</b>  (a) This subdivision and subdivision 11a do not apply in cases where &#10;9.35    the child is in placement due solely to the child's developmental disability or emotional &#10;10.1    disturbance, where legal custody has not been transferred to the responsible social services &#10;10.2    agency, and where the court finds compelling reasons under section 260C.007, subdivision &#10;10.3    8, to continue the child in foster care past the time periods specified in this subdivision.  &#10;10.4    Foster care placements of children due solely to their disability are governed by section &#10;10.5    260C.141, subdivision 2b.  In all other cases where the child is in foster care or in the &#10;10.6    care of a noncustodial parent under subdivision 1, the court shall conduct a hearing to &#10;10.7    determine the permanent status of a child not later than 12 months after the child is placed &#10;10.8    in foster care or in the care of a noncustodial parent.&#10;10.9     For purposes of this subdivision, the date of the child's placement in foster care is &#10;10.10   the earlier of the first court-ordered placement or 60 days after the date on which the &#10;10.11   child has been voluntarily placed in foster care by the child's parent or guardian.  For &#10;10.12   purposes of this subdivision, time spent by a child under the protective supervision of &#10;10.13   the responsible social services agency in the home of a noncustodial parent pursuant to &#10;10.14   an order under subdivision 1 counts towards the requirement of a permanency hearing &#10;10.15   under this subdivision or subdivision 11a.&#10;10.16    For purposes of this subdivision, 12 months is calculated as follows:&#10;10.17    (1) during the pendency of a petition alleging that a child is in need of protection &#10;10.18   or services, all time periods when a child is placed in foster care or in the home of a &#10;10.19   noncustodial parent are cumulated;&#10;10.20    (2) if a child has been placed in foster care within the previous five years under one &#10;10.21   or more previous petitions, the lengths of all prior time periods when the child was placed &#10;10.22   in foster care within the previous five years are cumulated.  If a child under this clause &#10;10.23   has been in foster care for 12 months or more, the court, if it is in the best interests of the &#10;10.24   child and for compelling reasons, may extend the total time the child may continue out &#10;10.25   of the home under the current petition up to an additional six months before making a &#10;10.26   permanency determination.&#10;10.27    (b) Unless the responsible social services agency recommends return of the child to &#10;10.28   the custodial parent or parents, not later than 30 days prior to this hearing, the responsible &#10;10.29   social services agency shall file pleadings in juvenile court to establish the basis for the &#10;10.30   juvenile court to order permanent placement of the child according to paragraph (d).  &#10;10.31   Notice of the hearing and copies of the pleadings must be provided pursuant to section &#10;10.32   260C.152.  If a termination of parental rights petition is filed before the date required &#10;10.33   for the permanency planning determination and there is a trial under section 260C.163 &#10;10.34   scheduled on that petition within 90 days of the filing of the petition, no hearing need be &#10;10.35   conducted under this subdivision.&#10;11.1     (c) At the conclusion of the hearing, the court shall order the child returned to the &#10;11.2    care of the parent or guardian from whom the child was removed or order a permanent &#10;11.3    placement in the child's best interests.  The "best interests of the child" means all relevant &#10;11.4    factors to be considered and evaluated.  Transfer of permanent legal and physical custody, &#10;11.5    termination of parental rights, or guardianship and legal custody to the commissioner &#10;11.6    through a consent to adopt are preferred permanency options for a child who cannot &#10;11.7    return home.&#10;11.8     (d) If the child is not returned to the home, the court must order one of the following &#10;11.9    dispositions:&#10;11.10    (1) permanent legal and physical custody to a relative in the best interests of the &#10;11.11   child according to the following conditions:&#10;11.12    (i) an order for transfer of permanent legal and physical custody to a relative shall &#10;11.13   only be made after the court has reviewed the suitability of the prospective legal and &#10;11.14   physical custodian;&#10;11.15    (ii) in transferring permanent legal and physical custody to a relative, the juvenile &#10;11.16   court shall follow the standards applicable under this chapter and chapter 260, and the &#10;11.17   procedures set out in the juvenile court rules;&#10;11.18    (iii) an order establishing permanent legal and physical custody under this &#10;11.19   subdivision must be filed with the family court;&#10;11.20    (iv) a transfer of legal and physical custody includes responsibility for the protection, &#10;11.21   education, care, and control of the child and decision making on behalf of the child;&#10;11.22    (v) the social services agency may bring a petition or motion naming a fit and &#10;11.23   willing relative as a proposed permanent legal and physical custodian.  The commissioner &#10;11.24   of human services shall annually prepare for counties information that must be given to &#10;11.25   proposed custodians about their legal rights and obligations as custodians together with &#10;11.26   information on financial and medical benefits for which the child is eligible; and&#10;11.27    (vi) the juvenile court may maintain jurisdiction over the responsible social services &#10;11.28   agency, the parents or guardian of the child, the child, and the permanent legal and &#10;11.29   physical custodian for purposes of ensuring appropriate services are delivered to the child &#10;11.30   and permanent legal custodian or for the purpose of ensuring conditions ordered by the &#10;11.31   court related to the care and custody of the child are met;&#10;11.32    (2) termination of parental rights according to the following conditions:&#10;11.33    (i) unless the social services agency has already filed a petition for termination of &#10;11.34   parental rights under section 260C.307, the court may order such a petition filed and all &#10;11.35   the requirements of sections 260C.301 to 260C.328 remain applicable; and&#10;12.1     (ii) an adoption completed subsequent to a determination under this subdivision may &#10;12.2    include an agreement for communication or contact under section 259.58;&#10;12.3     (3) long-term foster care according to the following conditions:&#10;12.4     (i) the court may order a child into long-term foster care only if it finds compelling &#10;12.5    reasons that neither an award of permanent legal and physical custody to a relative, nor &#10;12.6    termination of parental rights is in the child's best interests; and&#10;12.7     (ii) further, the court may only order long-term foster care for the child under this &#10;12.8    section if it finds the following:&#10;12.9     (A) the child has reached age 12 and reasonable efforts by the responsible social &#10;12.10   services agency have failed to locate an adoptive family for the child; or&#10;12.11    (B) the child is a sibling of a child described in subitem (A) and the siblings have a &#10;12.12   significant positive relationship and are ordered into the same long-term foster care home;&#10;12.13    (4) foster care for a specified period of time according to the following conditions:&#10;12.14    (i) foster care for a specified period of time may be ordered only if:&#10;12.15    (A) the sole basis for an adjudication that the child is in need of protection or &#10;12.16   services is the child's behavior;&#10;12.17    (B) the court finds that foster care for a specified period of time is in the best &#10;12.18   interests of the child; and&#10;12.19    (C) the court finds compelling reasons that neither an award of permanent legal &#10;12.20   and physical custody to a relative, nor termination of parental rights is in the child's &#10;12.21   best interests;&#10;12.22    (ii) the order does not specify that the child continue in foster care for any period &#10;12.23   exceeding one year; or&#10;12.24    (5) guardianship and legal custody to the commissioner of human services under &#10;12.25   the following procedures and conditions:&#10;12.26    (i) there is an identified prospective adoptive home that has agreed to adopt the &#10;12.27   child<ins>, agreed to by the responsible social services agency having legal custody of the child </ins>&#10;12.28   <ins>pursuant to court order under this section, </ins>and the court accepts the parent's voluntary &#10;12.29   consent to adopt under section 259.24;&#10;12.30    (ii) if the court accepts a consent to adopt in lieu of ordering one of the other &#10;12.31   enumerated permanency dispositions, the court must review the matter at least every 90 &#10;12.32   days.  The review will address the reasonable efforts of the agency to achieve a finalized &#10;12.33   adoption;&#10;12.34    (iii) a consent to adopt under this clause vests all legal authority regarding the child, &#10;12.35   including guardianship and legal custody of the child, with the commissioner of human &#10;12.36   services as if the child were a state ward after termination of parental rights;&#10;13.1     (iv) the court must forward a copy of the consent to adopt, together with a certified &#10;13.2    copy of the order transferring guardianship and legal custody to the commissioner, to the &#10;13.3    commissioner; <del>and </del>&#10;13.4     (v) if an adoption is not finalized by the identified prospective adoptive parent within &#10;13.5    12 months of the execution of the consent to adopt under this clause, the commissioner of &#10;13.6    human services or the commissioner's delegate shall pursue adoptive placement in another &#10;13.7    home unless the commissioner certifies that the failure to finalize is not due to either an &#10;13.8    action or a failure to act by the prospective adoptive parent<ins>; and </ins>&#10;13.9    <ins>(vi) notwithstanding item (v), the commissioner of human services or the </ins>&#10;13.10   <ins>commissioner's designee must pursue adoptive placement in another home as soon </ins>&#10;13.11   <ins>as the commissioner or commissioner's designee determines that finalization of the </ins>&#10;13.12   <ins>adoption with the identified prospective adoptive parent is not possible, that the identified </ins>&#10;13.13   <ins>prospective adoptive parent is not willing to adopt the child, that the identified prospective </ins>&#10;13.14   <ins>adoptive parent is not cooperative in completing the steps necessary to finalize the </ins>&#10;13.15   <ins>adoption, or upon the commissioner's determination to withhold consent to the adoption</ins>.&#10;13.16    (e) In ordering a permanent placement of a child, the court must be governed by the &#10;13.17   best interests of the child, including a review of the relationship between the child and &#10;13.18   relatives and the child and other important persons with whom the child has resided or &#10;13.19   had significant contact.&#10;13.20    (f) Once a permanent placement determination has been made and permanent &#10;13.21   placement has been established, further court reviews are necessary if:&#10;13.22    (1) the placement is long-term foster care or foster care for a specified period of time;&#10;13.23    (2) the court orders further hearings because it has retained jurisdiction of a transfer &#10;13.24   of permanent legal and physical custody matter;&#10;13.25    (3) an adoption has not yet been finalized; or&#10;13.26    (4) there is a disruption of the permanent or long-term placement.&#10;13.27    (g) Court reviews of an order for long-term foster care, whether under this section or &#10;13.28   section 260C.317, subdivision 3, paragraph (d), or foster care for a specified period of &#10;13.29   time must be conducted at least yearly and must review the child's out-of-home placement &#10;13.30   plan and the reasonable efforts of the agency to:&#10;13.31    (1) identify a specific long-term foster home for the child or a specific foster home &#10;13.32   for the time the child is specified to be out of the care of the parent, if one has not already &#10;13.33   been identified;&#10;13.34    (2) support continued placement of the child in the identified home, if one has been &#10;13.35   identified;&#10;14.1     (3) ensure appropriate services are provided to the child during the period of &#10;14.2    long-term foster care or foster care for a specified period of time;&#10;14.3     (4) plan for the child's independence upon the child's leaving long-term foster care &#10;14.4    living as required under section 260C.212, subdivision 1; and&#10;14.5     (5) where placement is for a specified period of time, a plan for the safe return of &#10;14.6    the child to the care of the parent.&#10;14.7     (h) An order under this subdivision must include the following detailed findings:&#10;14.8     (1) how the child's best interests are served by the order;&#10;14.9     (2) the nature and extent of the responsible social service agency's reasonable &#10;14.10   efforts, or, in the case of an Indian child, active efforts to reunify the child with the parent &#10;14.11   or parents;&#10;14.12    (3) the parent's or parents' efforts and ability to use services to correct the conditions &#10;14.13   which led to the out-of-home placement; and&#10;14.14    (4) whether the conditions which led to the out-of-home placement have been &#10;14.15   corrected so that the child can return home.&#10;14.16    (i) An order for permanent legal and physical custody of a child may be modified &#10;14.17   under sections 518.18 and 518.185.  The social services agency is a party to the proceeding &#10;14.18   and must receive notice.  A parent may only seek modification of an order for long-term &#10;14.19   foster care upon motion and a showing by the parent of a substantial change in the parent's &#10;14.20   circumstances such that the parent could provide appropriate care for the child and that &#10;14.21   removal of the child from the child's permanent placement and the return to the parent's &#10;14.22   care would be in the best interest of the child.&#10;14.23    (j) The court shall issue an order required under this section within 15 days of the &#10;14.24   close of the proceedings.  The court may extend issuing the order an additional 15 days &#10;14.25   when necessary in the interests of justice and the best interests of the child.&#10;&#10;<a id="go.0.13.0"></a>14.26       Sec. 13. <ins><b>[260C.209] BACKGROUND CHECKS.</b></ins>&#10;14.27       <ins>Subdivision 1.</ins> <ins><b>Subjects.</b></ins> <ins>(a) The responsible social services agency must conduct </ins>&#10;14.28   <ins>a background check of the following under this section:</ins>&#10;14.29   <ins>(1) a noncustodial parent or nonadjudicated parent who is being assessed for </ins>&#10;14.30   <ins>purposes of providing day-to-day care of a child temporarily or permanently under section </ins>&#10;14.31   <ins>260C.212</ins><ins>, subdivision 4, and any member of the parent's household who is over 13 years </ins>&#10;14.32   <ins>of age when there is a reasonable cause to believe that the parent or household member </ins>&#10;14.33   <ins>over 13 years of age has a criminal history or a history of maltreatment of a child or </ins>&#10;14.34   <ins>vulnerable adult which would endanger the child's health, safety, or welfare;</ins>&#10;15.1    <ins>(2) an individual whose suitability for relative placement under section </ins><ins>260C.212, </ins>&#10;15.2    <ins>subdivision 5</ins><ins>, is being determined, and any member of the relative's household who is </ins>&#10;15.3    <ins>over 13 years of age when: (i) the relative must be licensed for foster care; (ii) the agency </ins>&#10;15.4    <ins>must conduct a background study under section </ins><ins>259.53, subdivision 2</ins><ins>; or (iii) the agency </ins>&#10;15.5    <ins>has reasonable cause to believe the relative or household member over 13 years of age has </ins>&#10;15.6    <ins>a criminal history which would not make transfer of permanent legal and physical custody </ins>&#10;15.7    <ins>to the relative under section </ins><ins>260C.201</ins><ins>, subdivision 11, in the child's best interest; and</ins>&#10;15.8    <ins>(3) a parent, following an out-of-home placement, when the responsible social </ins>&#10;15.9    <ins>services agency has reasonable cause to believe that the parent has been convicted of a </ins>&#10;15.10   <ins>crime directly related to the parent's capacity to maintain the child's health, safety, or </ins>&#10;15.11   <ins>welfare or the parent is the subject of an open investigation of, or has been the subject </ins>&#10;15.12   <ins>of a substantiated allegation of, child or vulnerable-adult maltreatment within the past </ins>&#10;15.13   <ins>ten years.</ins>&#10;15.14   <ins>(b) As used in this subdivision, "reasonable cause" means that the agency has </ins>&#10;15.15   <ins>received information or a report from the subject or a third person that creates an </ins>&#10;15.16   <ins>articulable suspicion that the individual has a history that may pose a risk to the health, </ins>&#10;15.17   <ins>safety, or welfare of the child.  The information or report must be specific to the potential </ins>&#10;15.18   <ins>subject of the background check and must not be based on the race, religion, ethnic </ins>&#10;15.19   <ins>background, age, class, or lifestyle of the potential subject.</ins>&#10;15.20       <ins>Subd. 2.</ins> <ins><b>General procedures.</b></ins> <ins>(a) When conducting a background check under </ins>&#10;15.21   <ins>subdivision 1, the agency may require the individual being assessed to provide sufficient </ins>&#10;15.22   <ins>information to ensure an accurate assessment under this section, including the individual's:</ins>&#10;15.23   <ins>(1) first, middle, and last name and all other names by which the individual has </ins>&#10;15.24   <ins>been known;</ins>&#10;15.25   <ins>(2) home address, zip code, city, county, and state of residence for the past ten years;</ins>&#10;15.26   <ins>(3) sex;</ins>&#10;15.27   <ins>(4) date of birth; and </ins>&#10;15.28   <ins>(5) driver's license number or state identification number.</ins>&#10;15.29   <ins>(b) When notified by the responsible social services agency that it is conducting an </ins>&#10;15.30   <ins>assessment under this section, the Bureau of Criminal Apprehension, the commissioners </ins>&#10;15.31   <ins>of health and human services, law enforcement, and county agencies must provide the </ins>&#10;15.32   <ins>responsible social services agency or county attorney with the following information </ins>&#10;15.33   <ins>on the individual being assessed:  criminal history data, reports about the maltreatment </ins>&#10;15.34   <ins>of adults substantiated under section </ins><ins>626.557</ins><ins>, and reports of maltreatment of minors </ins>&#10;15.35   <ins>substantiated under section </ins><ins>626.556</ins><ins>.</ins>&#10;16.1        <ins> Subd. 3.</ins> <ins><b>Multistate information.</b></ins> <ins>(a) For any assessment completed under this </ins>&#10;16.2    <ins>section, if the responsible social services agency has reasonable cause to believe that the </ins>&#10;16.3    <ins>individual is a multistate offender, the individual must provide the responsible social </ins>&#10;16.4    <ins>services agency or the county attorney with a set of classifiable fingerprints obtained from </ins>&#10;16.5    <ins>an authorized law enforcement agency.  The responsible social services agency or county </ins>&#10;16.6    <ins>attorney may obtain criminal history data from the National Criminal Records Repository </ins>&#10;16.7    <ins>by submitting the fingerprints to the Bureau of Criminal Apprehension.</ins>&#10;16.8    <ins>(b) For purposes of this subdivision, the responsible social services agency has </ins>&#10;16.9    <ins>reasonable cause when, but not limited to:</ins>&#10;16.10   <ins>(1) information from the Bureau of Criminal Apprehension indicates that the </ins>&#10;16.11   <ins>individual is a multistate offender;</ins>&#10;16.12   <ins>(2) information from the Bureau of Criminal Apprehension indicates that multistate </ins>&#10;16.13   <ins>offender status is undetermined;</ins>&#10;16.14   <ins>(3) the social services agency has received a report from the individual or a third </ins>&#10;16.15   <ins>party indicating that the individual has a criminal history in a jurisdiction other than </ins>&#10;16.16   <ins>Minnesota; or </ins>&#10;16.17   <ins>(4) the individual is or has been a resident of a state other than Minnesota at any </ins>&#10;16.18   <ins>time during the prior ten years.</ins>&#10;16.19       <ins>Subd. 4.</ins> <ins><b>Notice upon receipt.</b></ins> <ins>The responsible social services agency must provide </ins>&#10;16.20   <ins>the subject of the background study with the results of the study under this section within </ins>&#10;16.21   <ins>15 business days of receipt or at least 15 days prior to the hearing at which the results will </ins>&#10;16.22   <ins>be presented, whichever comes first.  The subject may provide written information to the </ins>&#10;16.23   <ins>agency that the results are incorrect and may provide additional or clarifying information </ins>&#10;16.24   <ins>to the agency and to the court through a party to the proceeding.  This provision does not </ins>&#10;16.25   <ins>apply to any background study conducted under chapters 245A and 245C.</ins>&#10;&#10;<a id="go.0.14.0"></a>16.26       Sec. 14. Minnesota Statutes 2004, section 260C.212, subdivision 4, is amended to read:&#10;16.27        Subd. 4. <b>Responsible social service agency's duties for children in placement.</b>  (a) &#10;16.28   When a child is in placement, the responsible social services agency shall make diligent &#10;16.29   efforts to identify, locate, and, where appropriate, offer services to both parents of the child.&#10;16.30    (1) <del>If </del><ins>The responsible social services agency shall assess whether </ins>a noncustodial &#10;16.31   or nonadjudicated parent is willing and capable of providing for the day-to-day care of &#10;16.32   the child<ins> temporarily or permanently.  An assessment under this clause may include, but </ins>&#10;16.33   <ins>is not limited to, obtaining information under section </ins><ins>260C.209</ins><ins>.  If after assessment, </ins>&#10;16.34   <ins>the responsible social services agency determines that a noncustodial or nonadjudicated </ins>&#10;16.35   <ins>parent is willing and capable of providing day-to-day care of the child</ins>, the responsible &#10;17.1    social services agency may seek authority from the custodial parent or the court to have &#10;17.2    that parent assume day-to-day care of the child.  If a parent is not an adjudicated parent, &#10;17.3    the responsible social services agency shall require the nonadjudicated parent to cooperate &#10;17.4    with paternity establishment procedures as part of the case plan.&#10;17.5     (2) If, after assessment, the responsible social services agency determines that the &#10;17.6    child cannot be in the day-to-day care of either parent<del>,</del><ins>:</ins>&#10;17.7    <ins>(i) </ins>the agency shall prepare an out-of-home placement plan addressing the conditions &#10;17.8    that each parent must meet before the child can be in that parent's day-to-day care<ins>;</ins>&#10;17.9    <ins>(ii) provide a parent who is the subject of a background study under section </ins>&#10;17.10   <ins>260C.209</ins><ins>, 15 days' notice that it intends to use the study to recommend against putting the </ins>&#10;17.11   <ins>child with that parent, as well as the notice provided in section </ins><ins>260C.209</ins><ins>, subdivision 4, </ins>&#10;17.12   <ins>and the court shall afford the parent an opportunity to be heard concerning the study; and </ins>&#10;17.13   <ins>(iii) the results of a background study of a noncustodial parent shall not be used by </ins>&#10;17.14   <ins>the agency to determine that the parent is incapable of providing day-to-day care of the </ins>&#10;17.15   <ins>child unless the agency reasonably believes that placement of the child into the home of </ins>&#10;17.16   <ins>that parent would endanger the child's health, safety, or welfare</ins>.&#10;17.17    (3) If, after the provision of services following an out-of-home placement plan under &#10;17.18   this section, the child cannot return to the care of the parent from whom the child was &#10;17.19   removed or who had legal custody at the time the child was placed in foster care, the &#10;17.20   agency may petition on behalf of a noncustodial parent to establish legal custody with &#10;17.21   that parent under section 260C.201, subdivision 11.  If paternity has not already been &#10;17.22   established, it may be established in the same proceeding in the manner provided for &#10;17.23   under chapter 257.&#10;17.24    (4) The responsible social services agency may be relieved of the requirement to &#10;17.25   locate and offer services to both parents by the juvenile court upon a finding of good cause &#10;17.26   after the filing of a petition under section 260C.141.&#10;17.27    (b) The responsible social services agency shall give notice to the parent or parents &#10;17.28   or guardian of each child in a residential facility, other than a child in placement due &#10;17.29   solely to that child's developmental disability or emotional disturbance, of the following &#10;17.30   information:&#10;17.31    (1) that residential care of the child may result in termination of parental rights or an &#10;17.32   order permanently placing the child out of the custody of the parent, but only after notice &#10;17.33   and a hearing as required under chapter 260C and the juvenile court rules;&#10;17.34    (2) time limits on the length of placement and of reunification services, including &#10;17.35   the date on which the child is expected to be returned to and safely maintained in the &#10;18.1    home of the parent or parents or placed for adoption or otherwise permanently removed &#10;18.2    from the care of the parent by court order;&#10;18.3     (3) the nature of the services available to the parent;&#10;18.4     (4) the consequences to the parent and the child if the parent fails or is unable to use &#10;18.5    services to correct the circumstances that led to the child's placement;&#10;18.6     (5) the first consideration for placement with relatives;&#10;18.7     (6) the benefit to the child in getting the child out of residential care as soon as &#10;18.8    possible, preferably by returning the child home, but if that is not possible, through a &#10;18.9    permanent legal placement of the child away from the parent;&#10;18.10    (7) when safe for the child, the benefits to the child and the parent of maintaining &#10;18.11   visitation with the child as soon as possible in the course of the case and, in any event, &#10;18.12   according to the visitation plan under this section; and&#10;18.13    (8) the financial responsibilities and obligations, if any, of the parent or parents for &#10;18.14   the support of the child during the period the child is in the residential facility.&#10;18.15    (c) The responsible social services agency shall inform a parent considering &#10;18.16   voluntary placement of a child who is not developmentally disabled or emotionally &#10;18.17   disturbed of the following information:&#10;18.18    (1) the parent and the child each has a right to separate legal counsel before signing a &#10;18.19   voluntary placement agreement, but not to counsel appointed at public expense;&#10;18.20    (2) the parent is not required to agree to the voluntary placement, and a parent &#10;18.21   who enters a voluntary placement agreement may at any time request that the agency &#10;18.22   return the child.  If the parent so requests, the child must be returned within 24 hours of &#10;18.23   the receipt of the request;&#10;18.24    (3) evidence gathered during the time the child is voluntarily placed may be used &#10;18.25   at a later time as the basis for a petition alleging that the child is in need of protection &#10;18.26   or services or as the basis for a petition seeking termination of parental rights or other &#10;18.27   permanent placement of the child away from the parent;&#10;18.28    (4) if the responsible social services agency files a petition alleging that the child is &#10;18.29   in need of protection or services or a petition seeking the termination of parental rights &#10;18.30   or other permanent placement of the child away from the parent, the parent would have &#10;18.31   the right to appointment of separate legal counsel and the child would have a right to the &#10;18.32   appointment of counsel and a guardian ad litem as provided by law, and that counsel will &#10;18.33   be appointed at public expense if they are unable to afford counsel; and&#10;18.34    (5) the timelines and procedures for review of voluntary placements under &#10;18.35   subdivision 3, and the effect the time spent in voluntary placement on the scheduling of a &#10;18.36   permanent placement determination hearing under section 260C.201, subdivision 11.&#10;19.1     (d) When an agency accepts a child for placement, the agency shall determine &#10;19.2    whether the child has had a physical examination by or under the direction of a licensed &#10;19.3    physician within the 12 months immediately preceding the date when the child came into &#10;19.4    the agency's care.  If there is documentation that the child has had an examination within &#10;19.5    the last 12 months, the agency is responsible for seeing that the child has another physical &#10;19.6    examination within one year of the documented examination and annually in subsequent &#10;19.7    years.  If the agency determines that the child has not had a physical examination within &#10;19.8    the 12 months immediately preceding placement, the agency shall ensure that the child &#10;19.9    has an examination within 30 days of coming into the agency's care and once a year &#10;19.10   in subsequent years.&#10;&#10;<a id="go.0.15.0"></a>19.11       Sec. 15. Minnesota Statutes 2004, section 484.65, subdivision 9, is amended to read:&#10;19.12       Subd. 9. <b>Referees;</b><del><b> review</b></del><ins><b> appeal</b></ins><b>.</b> All recommended orders and findings of &#10;19.13   a referee shall be subject to confirmation by said district court judge. <del>Review of any </del>&#10;19.14   <del>recommended order or finding of a referee by the district court judge may be had by </del>&#10;19.15   <del>notice served and filed within ten days of effective notice of such recommended order or </del>&#10;19.16   <del>finding.</del><del> The notice of review shall specify the grounds</del> <del>for such review and the specific </del>&#10;19.17   <del>provisions of the recommended findings or orders disputed, and said district court judge, </del>&#10;19.18   <del>upon receipt of such notice of review, shall set a time and place for such review hearing</del><del>.</del><ins> </ins>&#10;19.19   <ins>Fourth Judicial District Family Court referee orders and decrees may be appealed directly </ins>&#10;19.20   <ins>to the Court of Appeals in the same manner as judicial orders and decrees. The time for </ins>&#10;19.21   <ins>appealing an appealable referee order runs from service by any party of written notice of </ins>&#10;19.22   <ins>the filing of the confirmed order.</ins>&#10;19.23   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective the day following final enactment.</ins>&#10;&#10;<a id="go.0.16.0"></a>19.24       Sec. 16. Minnesota Statutes 2004, section 518.091, subdivision 1, is amended to read:&#10;19.25       Subdivision 1. <b>Temporary restraining orders.</b> (a) Every summons must include &#10;19.26   the notice in this subdivision.&#10;19.27   NOTICE OF TEMPORARY RESTRAINING AND ALTERNATIVE DISPUTE&#10;19.28   RESOLUTION PROVISIONS&#10;19.29   UNDER MINNESOTA LAW, SERVICE OF THIS SUMMONS MAKES THE &#10;19.30   FOLLOWING REQUIREMENTS APPLY TO BOTH PARTIES TO THIS ACTION, &#10;19.31   UNLESS THEY ARE MODIFIED BY THE COURT OR THE PROCEEDING IS &#10;19.32   DISMISSED:&#10;19.33   (1) NEITHER PARTY MAY DISPOSE OF ANY ASSETS EXCEPT (i) FOR THE &#10;19.34   NECESSITIES OF LIFE OR FOR THE NECESSARY GENERATION OF INCOME OR &#10;20.1    PRESERVATION OF ASSETS, (ii) BY AN AGREEMENT IN WRITING, OR (iii) FOR &#10;20.2    RETAINING COUNSEL TO CARRY ON OR TO CONTEST THIS PROCEEDING;&#10;20.3    (2) NEITHER PARTY MAY HARASS THE OTHER PARTY; AND&#10;20.4    (3) ALL CURRENTLY AVAILABLE INSURANCE COVERAGE MUST BE &#10;20.5    MAINTAINED AND CONTINUED WITHOUT CHANGE IN COVERAGE OR &#10;20.6    BENEFICIARY DESIGNATION.&#10;20.7    IF YOU VIOLATE ANY OF THESE PROVISIONS, YOU WILL BE SUBJECT &#10;20.8    TO SANCTIONS BY THE COURT.&#10;20.9    (4) PARTIES TO A MARRIAGE DISSOLUTION PROCEEDING <del>ARE </del>&#10;20.10   <del>ENCOURAGED TO ATTEMPT ALTERNATIVE DISPUTE RESOLUTION </del>&#10;20.11   <del>PURSUANT TO MINNESOTA LAW. ALTERNATIVE DISPUTE RESOLUTION </del>&#10;20.12   <del>INCLUDES MEDIATION, ARBITRATION, AND OTHER PROCESSES AS SET </del>&#10;20.13   <del>FORTH IN THE DISTRICT COURT RULES</del><ins> SHALL PARTICIPATE IN A MINIMUM </ins>&#10;20.14   <ins>OF TWO HOURS OF MEDIATION WITHIN 60 DAYS OF COMMENCEMENT OF </ins>&#10;20.15   <ins>A DIVORCE ACTION BY SERVICE OF THIS SUMMONS, UNLESS THE PARTIES </ins>&#10;20.16   <ins>FILE A SIGNED MARITAL TERMINATION AGREEMENT WITH THE COURT </ins>&#10;20.17   <ins>DURING THAT TIME OR DO NOT HAVE THE MEANS TO DEFRAY THE COST </ins>&#10;20.18   <ins>OF THE MEDIATION</ins>. YOU MAY CONTACT THE COURT ADMINISTRATOR &#10;20.19   ABOUT RESOURCES IN YOUR AREA. IF YOU CANNOT PAY FOR MEDIATION &#10;20.20   OR ALTERNATIVE DISPUTE RESOLUTION, IN SOME COUNTIES, ASSISTANCE &#10;20.21   MAY BE AVAILABLE TO YOU THROUGH A NONPROFIT PROVIDER OR A &#10;20.22   COURT PROGRAM. IF YOU ARE A VICTIM OF DOMESTIC ABUSE OR THREATS &#10;20.23   OF ABUSE AS DEFINED IN MINNESOTA STATUTES, CHAPTER 518B, YOU ARE &#10;20.24   NOT REQUIRED TO TRY MEDIATION AND YOU WILL NOT BE PENALIZED BY &#10;20.25   THE COURT IN LATER PROCEEDINGS.&#10;20.26   (b) Upon service of the summons, the restraining provisions contained in the notice &#10;20.27   apply by operation of law upon both parties until modified by further order of the court or &#10;20.28   dismissal of the proceeding, unless more than one year has passed since the last document &#10;20.29   was filed with the court.&#10;&#10;<a id="go.0.17.0"></a>20.30       Sec. 17. Minnesota Statutes 2004, section 518.1705, subdivision 4, is amended to read:&#10;20.31       Subd. 4. <b>Custody designation.</b> <del>A final judgment and</del> <del>decree that includes a </del>&#10;20.32   <del>parenting plan using alternate terms to designate decision-making responsibilities or </del>&#10;20.33   <del>allocation of residential time between the parents must designate whether the parents </del>&#10;20.34   <del>have joint legal custody or joint physical custody or which parent has sole legal custody </del>&#10;20.35   <del>or sole physical custody, or both. This designation is solely for enforcement of the final </del>&#10;21.1    <del>judgment and decree where this designation is required for that enforcement and has no </del>&#10;21.2    <del>effect under the laws of this state, any other state, or another country that do not require </del>&#10;21.3    <del>this designation.</del><ins> If the parenting plan substitutes other terms for legal and physical </ins>&#10;21.4    <ins>custody and if a designation of legal and physical custody is necessary for enforcement </ins>&#10;21.5    <ins>of the judgment and decree in another jurisdiction, it must be considered solely for that </ins>&#10;21.6    <ins>purpose that the parents have joint legal and joint physical custody. Under Minnesota law, </ins>&#10;21.7    <ins>a parenting plan does not require a designation of sole or joint, legal or physical custody.</ins>&#10;&#10;<a id="go.0.18.0"></a>21.8        Sec. 18. Minnesota Statutes 2004, section 518.1705, subdivision 7, is amended to read:&#10;21.9         Subd. 7. <b>Moving the child to another state.</b>  Parents may agree<del>, but the court </del>&#10;21.10   <del>must not require, that in a parenting plan the factors in section </del><del>518.17</del><del> or </del><del>257.025</del><del>, as </del>&#10;21.11   <del>applicable,</del><ins> upon the legal standard that </ins>will govern a decision concerning removal of a &#10;21.12   child's residence from this state, provided that:&#10;21.13    (1) both parents were represented by counsel when the parenting plan was approved; &#10;21.14   or&#10;21.15    (2) the court found the parents were fully informed, the agreement was voluntary, &#10;21.16   and the parents were aware of its implications.&#10;&#10;<a id="go.0.19.0"></a>21.17       Sec. 19. Minnesota Statutes 2004, section 518.175, is amended by adding a subdivision &#10;21.18   to read:&#10;21.19       <ins>Subd. 1b.</ins> <ins><b>Rebuttable presumption.</b></ins> <ins>There is a rebuttable presumption that the </ins>&#10;21.20   <ins>parent not granted physical custody shall be granted 30 percent parenting time. This </ins>&#10;21.21   <ins>presumption may be overcome if the court makes specific findings that this is not in the </ins>&#10;21.22   <ins>best interests of the child under section 518.17, subdivision 1. </ins>&#10;&#10;<a id="go.0.20.0"></a>21.23       Sec. 20. Minnesota Statutes 2004, section 518.175, subdivision 3, is amended to read:&#10;21.24        Subd. 3. <b>Move to another state.</b>  The parent with whom the child resides shall not &#10;21.25   move the residence of the child to another state except upon order of the court or with the &#10;21.26   consent of the other parent, if the other parent has been given parenting time by the decree.  &#10;21.27   If the purpose of the move is to interfere with parenting time given to the other parent by &#10;21.28   the decree, the court shall not permit the child's residence to be moved to another state.&#10;21.29   <ins>The court shall apply a best interests standard when considering the request of the </ins>&#10;21.30   <ins>parent with whom the child resides to move the child's residence to another state.  The </ins>&#10;21.31   <ins>factors the court must consider in determining the child's best interests include, but are not </ins>&#10;21.32   <ins>limited to, the following:</ins>&#10;22.1    <ins>(1) the nature, quality, extent of involvement, and duration of the child's relationship </ins>&#10;22.2    <ins>with the person proposing to relocate and with the nonrelocating person, siblings, and </ins>&#10;22.3    <ins>other significant persons in the child's life;</ins>&#10;22.4    <ins>(2) the age, developmental stage, needs of the child, and the likely impact the </ins>&#10;22.5    <ins>relocation will have on the child's physical, educational, and emotional development, </ins>&#10;22.6    <ins>taking into consideration any special needs of the child;</ins>&#10;22.7    <ins>(3) the feasibility of preserving the relationship between the nonrelocating person </ins>&#10;22.8    <ins>and the child through suitable parenting time arrangements, considering the logistics </ins>&#10;22.9    <ins>and financial circumstances of the parties;</ins>&#10;22.10   <ins>(4) the child's preference, taking into consideration the age and maturity of the child;</ins>&#10;22.11   <ins>(5) whether there is an established pattern of conduct of the person seeking the </ins>&#10;22.12   <ins>relocation either to promote or thwart the relationship of the child and the nonrelocating </ins>&#10;22.13   <ins>person;</ins>&#10;22.14   <ins>(6) whether the relocation of the child will enhance the general quality of the life for </ins>&#10;22.15   <ins>both the custodial parent seeking the relocation and the child including, but not limited to, </ins>&#10;22.16   <ins>financial or emotional benefit or educational opportunity;</ins>&#10;22.17   <ins>(7) the reasons of each person for seeking or opposing the relocation; and </ins>&#10;22.18   <ins>(8) the effect on the safety and welfare of the child, or of the parent requesting to </ins>&#10;22.19   <ins>move the child's residence, of domestic abuse, as defined in section </ins><ins>518B.01</ins><ins>.</ins>&#10;22.20   <ins>The burden of proof is upon the parent requesting to move the residence of the </ins>&#10;22.21   <ins>child to another state, except that if the court finds that the person requesting permission </ins>&#10;22.22   <ins>to move has been a victim of domestic abuse by the other parent, the burden of proof is </ins>&#10;22.23   <ins>upon the parent opposing the move.  The court must consider all of the factors in this </ins>&#10;22.24   <ins>subdivision in determining the best interests of the child.</ins>&#10;&#10;<a id="go.0.21.0"></a>22.25       Sec. 21. Minnesota Statutes 2004, section 518.179, is amended by adding a subdivision &#10;22.26   to read:&#10;22.27       <ins>Subd. 1a.</ins> <ins><b>Custody of child.</b></ins> <ins>A person convicted of a crime described in subdivision </ins>&#10;22.28   <ins>2 may not be considered for custody of a child unless the child is the person's child by </ins>&#10;22.29   <ins>birth or adoption.</ins>&#10;&#10;<a id="go.0.22.0"></a>22.30       Sec. 22. Minnesota Statutes 2004, section 518.18, is amended to read:&#10;22.31   <b> 518.18 MODIFICATION OF ORDER.</b>&#10;22.32    (a) Unless agreed to in writing by the parties, no motion to modify a custody order &#10;22.33   or parenting plan may be made earlier than one year after the date of the entry of a decree &#10;23.1    of dissolution or legal separation containing a provision dealing with custody, except in &#10;23.2    accordance with paragraph (c).&#10;23.3     (b) If a motion for modification has been heard, whether or not it was granted, unless &#10;23.4    agreed to in writing by the parties no subsequent motion may be filed within two years &#10;23.5    after disposition of the prior motion on its merits, except in accordance with paragraph (c).&#10;23.6     (c) The time limitations prescribed in paragraphs (a) and (b) shall not prohibit a &#10;23.7    motion to modify a custody order or parenting plan if the court finds that there is persistent &#10;23.8    and willful denial or interference with parenting time, or has reason to believe that the &#10;23.9    child's present environment may endanger the child's physical or emotional health or &#10;23.10   impair the child's emotional development.&#10;23.11    (d) If the court has jurisdiction to determine child custody matters, the court shall &#10;23.12   not modify a prior custody order or a parenting plan provision which specifies the child's &#10;23.13   primary residence unless it finds, upon the basis of facts, including unwarranted denial of, &#10;23.14   or interference with, a duly established parenting time schedule, that have arisen since the &#10;23.15   prior order or that were unknown to the court at the time of the prior order, that a change &#10;23.16   has occurred in the circumstances of the child or the parties and that the modification is &#10;23.17   necessary to serve the best interests of the child.  In applying these standards the court &#10;23.18   shall retain the custody arrangement or the parenting plan provision specifying the child's &#10;23.19   primary residence that was established by the prior order unless:&#10;23.20    (i) the court finds that a change in the custody arrangement or primary residence is in &#10;23.21   the best interests of the child and the parties previously agreed, in a writing approved by a &#10;23.22   court, to apply the best interests standard in section 518.17 or 257.025, as applicable; and, &#10;23.23   with respect to agreements approved by a court on or after April 28, 2000, both parties &#10;23.24   were represented by counsel when the agreement was approved or the court found the &#10;23.25   parties were fully informed, the agreement was voluntary, and the parties were aware &#10;23.26   of its implications;&#10;23.27    (ii) both parties agree to the modification;&#10;23.28    (iii) the child has been integrated into the family of the petitioner with the consent of &#10;23.29   the other party; <del>or </del>&#10;23.30    (iv) the child's present environment endangers the child's physical or emotional &#10;23.31   health or impairs the child's emotional development and the harm likely to be caused by a &#10;23.32   change of environment is outweighed by the advantage of a change to the child<ins>; or </ins>&#10;23.33   <ins>(v) the court has denied a request of the primary custodial parent to move the </ins>&#10;23.34   <ins>residence of the child to another state, and the primary custodial parent has relocated </ins>&#10;23.35   <ins>to another state despite the court's order</ins>.&#10;24.1     In addition, a court may modify a custody order or parenting plan under section &#10;24.2    631.52.&#10;24.3     (e) In deciding whether to modify a prior joint custody order, the court shall apply &#10;24.4    the standards set forth in paragraph (d) unless:  (1) the parties agree in writing to the &#10;24.5    application of a different standard, or (2) the party seeking the modification is asking the &#10;24.6    court for permission to move the residence of the child to another state.&#10;24.7     (f) If a parent has been granted sole physical custody of a minor and the child &#10;24.8    subsequently lives with the other parent, and temporary sole physical custody has been &#10;24.9    approved by the court or by a court-appointed referee, the court may suspend the obligor's &#10;24.10   child support obligation pending the final custody determination.  The court's order &#10;24.11   denying the suspension of child support must include a written explanation of the reasons &#10;24.12   why continuation of the child support obligation would be in the best interests of the child.&#10;&#10;<a id="go.0.23.0"></a>24.13       Sec. 23. Minnesota Statutes 2004, section 518.191, subdivision 2, is amended to read:&#10;24.14        Subd. 2. <b>Required information.</b>  A summary real estate disposition judgment &#10;24.15   must contain the following information: (1) the full caption and file number of the case &#10;24.16   and the title "Summary Real Estate Disposition Judgment"; (2) the dates of the parties' &#10;24.17   marriage and of the entry of the judgment and decree of dissolution; (3) the names of &#10;24.18   the parties' attorneys or if either or both appeared pro se; (4) the name of the judge and &#10;24.19   referee, if any, who signed the order for judgment and decree; (5) whether the judgment &#10;24.20   and decree resulted from a stipulation, a default, or a trial and the appearances at the &#10;24.21   default or trial; (6) <ins>if the judgment and decree resulted from a stipulation, whether </ins>&#10;24.22   <ins>disposition of the property was stipulated to by legal description; (7) if the judgment </ins>&#10;24.23   <ins>and decree resulted from a default, whether the petition contained the legal description </ins>&#10;24.24   <ins>of the property and disposition was made in accordance with the request for relief, and </ins>&#10;24.25   <ins>how service of the summons and petition was made; (8) </ins>whether either party changed the &#10;24.26   party's name through the judgment and decree; <del>(7) </del><ins>(9) </ins>the legal description of each parcel &#10;24.27   of real estate; <del>(8) </del><ins>(10) </ins>the name or names of the persons awarded an interest in each &#10;24.28   parcel of real estate and a description of the interest awarded; <del>(9) </del><ins>(11) </ins>liens, mortgages, &#10;24.29   encumbrances, or other interests in the real estate described in the judgment and decree; &#10;24.30   and <del>(10) </del><ins>(12) </ins>triggering or contingent events set forth in the judgment and decree affecting &#10;24.31   the disposition of each parcel of real estate.&#10;&#10;<a id="go.0.24.0"></a>24.32       Sec. 24. Minnesota Statutes 2004, section 518.191, subdivision 4, is amended to read:&#10;24.33       Subd. 4. <b>Transfer of property.</b> The summary real estate disposition judgment &#10;24.34   operates as a conveyance and transfer of each interest in the real estate in the manner &#10;25.1    and to the extent described in the summary real estate disposition judgment<ins>, even if the </ins>&#10;25.2    <ins>judgment and decree states that a deed is required</ins>.&#10;&#10;<a id="go.0.25.0"></a>25.3        Sec. 25. Minnesota Statutes 2004, section 518.54, subdivision 4a, is amended to read:&#10;25.4         Subd. 4a. <b>Support order.</b> <ins>(a) </ins>"Support order" means a judgment, decree, or order, &#10;25.5    whether temporary, final, or subject to modification, issued by a court or administrative &#10;25.6    agency of competent jurisdiction<del>,</del><ins>:</ins>&#10;25.7    <ins>(1) </ins>for the support and maintenance of a child, including a child who has attained &#10;25.8    the age of majority under the law of the issuing state<del>, or</del><ins>;</ins> &#10;25.9    <ins>(2) for </ins>a child and the parent with whom the child is living, that provides for &#10;25.10   monetary support, child care, medical support including expenses for confinement and &#10;25.11   pregnancy, arrearages, or reimbursement<del>, and that</del><ins>; or</ins> &#10;25.12   <ins>(3) for the maintenance of a spouse.</ins>&#10;25.13   <ins>(b) The support order </ins>may include related costs and fees, interest and penalties, &#10;25.14   income withholding, and other relief. This definition applies to orders issued under this &#10;25.15   chapter and chapters 256, 257, and 518C.&#10;&#10;<a id="go.0.26.0"></a>25.16       Sec. 26. Minnesota Statutes 2004, section 518.54, subdivision 14, is amended to read:&#10;25.17        Subd. 14. <b>Iv-d case.</b>  "IV-D case" means a case where a party has assigned to the &#10;25.18   state rights to child support because of the receipt of public assistance as defined in section &#10;25.19   256.741 or has applied for child support services under title IV-D of the Social Security &#10;25.20   Act, United States Code, title 42, section 654(4). <ins>An obligation for spousal maintenance </ins>&#10;25.21   <ins>under subdivision 4a, paragraph (a), clause (3), is not an IV-D case.</ins>&#10;&#10;<a id="go.0.27.0"></a>25.22       Sec. 27. Minnesota Statutes 2004, section 518.54, is amended by adding a subdivision &#10;25.23   to read:&#10;25.24       <ins>Subd. 15.</ins> <ins><b>Income withholding only services.</b></ins> <ins>"Income withholding only services" </ins>&#10;25.25   <ins>means the services provided by the public authority to collect payments pursuant to a </ins>&#10;25.26   <ins>support order but does not include other enforcement services provided by the public </ins>&#10;25.27   <ins>authority for IV-D cases.  Notices required for income withholding under this section </ins>&#10;25.28   <ins>shall be initiated by the applicant for services.  An obligation for spousal maintenance </ins>&#10;25.29   <ins>under subdivision 4a, paragraph (a), clause (3), is only eligible for income withholding </ins>&#10;25.30   <ins>only services.</ins>&#10;&#10;<a id="go.0.28.0"></a>25.31       Sec. 28. Minnesota Statutes 2004, section 518.551, subdivision 1, is amended to read:&#10;26.1         Subdivision 1. <b>Scope; payment to public agency.</b>  (a) This section applies to all &#10;26.2    proceedings involving a support order, including, but not limited to, a support order &#10;26.3    establishing an order for past support or reimbursement of public assistance.&#10;26.4     (b) The court shall direct that all payments ordered for maintenance <del>and </del><ins>or </ins>support &#10;26.5    be made to the public agency responsible for child support enforcement so long as the &#10;26.6    obligee is receiving or has applied for public assistance, or has applied for child support &#10;26.7    <del>and </del><ins>or </ins>maintenance collection services.  Public authorities responsible for child support &#10;26.8    enforcement may act on behalf of other public authorities responsible for child support &#10;26.9    enforcement.  This includes the authority to represent the legal interests of or execute &#10;26.10   documents on behalf of the other public authority in connection with the establishment, &#10;26.11   enforcement, and collection of child support, maintenance, or medical support, and &#10;26.12   collection on judgments.&#10;26.13    (c) Payments made to the public authority other than payments under section &#10;26.14   518.6111 must be credited as of the date the payment is received by the central collections &#10;26.15   unit.&#10;26.16    (d) Amounts received by the public agency responsible for child support enforcement &#10;26.17   greater than the amount granted to the obligee shall be remitted to the obligee.&#10;&#10;<a id="go.0.29.0"></a>26.18       Sec. 29. Minnesota Statutes 2004, section 518.58, subdivision 4, is amended to read:&#10;26.19        Subd. 4. <b>Pension plans.</b>  (a) The division of marital property that represents pension &#10;26.20   plan benefits or rights in the form of future pension plan payments:&#10;26.21    (1) is payable only to the extent of the amount of the pension plan benefit payable &#10;26.22   under the terms of the plan;&#10;26.23    (2) is not payable for a period that exceeds the time that pension plan benefits are &#10;26.24   payable to the pension plan benefit recipient;&#10;26.25    (3) is not payable in a lump sum amount from <ins>defined benefit public </ins>pension plan &#10;26.26   assets attributable in any fashion to a spouse with the status of an active member, deferred &#10;26.27   retiree, or benefit recipient of a pension plan;&#10;26.28    (4) if the former spouse to whom the payments are to be made dies prior to the end &#10;26.29   of the specified payment period with the right to any remaining payments accruing to an &#10;26.30   estate or to more than one survivor, is payable only to a trustee on behalf of the estate or &#10;26.31   the group of survivors for subsequent apportionment by the trustee; and&#10;26.32    (5) in the case of <ins>defined benefit </ins>public pension plan benefits or rights, may not &#10;26.33   commence until the public plan member submits a valid application for a public pension &#10;26.34   plan benefit and the benefit becomes payable.&#10;27.1     (b) The individual retirement account plans established under chapter 354B may &#10;27.2    provide in its plan document, if published and made generally available, for an alternative &#10;27.3    marital property division or distribution of individual retirement account plan assets.  If an &#10;27.4    alternative division or distribution procedure is provided, it applies in place of paragraph &#10;27.5    (a), clause (5).&#10;&#10;<a id="go.0.30.0"></a>27.6        Sec. 30. <ins><b>EFFECTIVE DATE.</b></ins>&#10;27.7    <ins>Sections 25 to 28 are effective the day following final enactment.</ins>&#10;