1997 Minnesota Statutes

     257A.01 Designated caregiver agreement. 

    Subdivision 1.    Designation in agreement.  A parent 
 who has legal custody of a child may execute a designated 
 caregiver agreement that names an adult to serve as a designated 
 caregiver to care for the parent's minor child for a period of 
 time specified in the designated caregiver agreement, but not to 
 exceed one year. 

    Subd. 2.    Consents and notice required.  (a) The 
 agreement must be executed by all parents with legal custody of 
 the child and must have the consent of every parent who has 
 court-ordered visitation rights to the child.  As soon as 
 practicable after executing an agreement, a copy of the 
 agreement must be given to every child age 14 or older to whom 
 the agreement applies. 

    (b) Consent of a parent required under paragraph (a) may be 
 given in writing or may be established by mailing a notice 
 regarding the designated caregiver agreement to the parent's 
 last known address.  The notice must include the name of the 
 proposed designated caregiver and inform the parent whose 
 consent is required that the parent's consent to the agreement 
 will be implied if the parent does not object within 30 days.  
 If the parent does not object to the agreement orally or in 
 writing within 30 days, the consent of the parent is implied. 

    Subd. 3.    When operative.  The agreement becomes 
 operative when none of the parents with physical custody is able 
 to care for the child because of an emergency or temporary 
 period of incapacitation.  If the parents have joint physical 
 custody and the parent who is caring for the child is unable to 
 do so, a designated caregiver may provide temporary care until 
 the other parent is able to assume care. 

    HIST: 1996 c 455 art 6 s 4; 1997 c 65 s 2,3,5