1997 Minnesota Statutes

CHAPTER 257A. Children; custody, designated caregiver

     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 

     257A.02 Designated caregiver; alternate. 

    An individual acting as a designated caregiver is exempt in 
 that role from any statute or administrative rule requiring a 
 foster care license, unless the child was placed in the home of 
 the designated caregiver by a child-placing agency pursuant to a 
 voluntary placement agreement or court order, but must provide 
 the notice required by section 257A.09 if applicable.  A parent 
 who has named a guardian by will for the parent's children may 
 name that guardian or another individual as a designated 
 caregiver for the child.  A parent who has legal custody of more 
 than one child may appoint the same or a different designated 
 caregiver for each child. 

    A parent may appoint an alternate designated caregiver who 
 would serve if the designated caregiver is unwilling or unable 
 to serve.  All the provisions of this chapter dealing with a 
 designated caregiver apply to an alternate designated caregiver. 

    HIST: 1996 c 455 art 6 s 5; 1997 c 65 s 5 

     257A.03 Powers and duties of designated caregiver. 

    Subdivision 1.    General.  A designated caregiver has 
 all the powers regarding the care, custody, and financial 
 interests of a minor child specified in the designated caregiver 
 agreement, except as otherwise provided in this section.  A 
 designated caregiver does not have the power to consent to 
 marriage or adoption of the child. 

    Subd. 2.    Notice to noncustodial parent; rights.  (a) 
 As soon as practicable after assuming care of a child, the 
 designated caregiver shall notify any noncustodial parent that 
 the designated caregiver has assumed care of the child. 

    (b) Court-ordered visitation rights of a noncustodial 
 parent continue while the child is in the care of the designated 
 caregiver, unless otherwise modified by the court.  A designated 
 caregiver agreement does not affect the right of a parent 
 without physical custody to bring a custody motion under chapter 
 518.  If a parent with legal custody is not the designated 
 caregiver, the parent may bring a motion for temporary physical 
 custody, which may continue until the parent with physical 
 custody is able to resume care of the child.  The court shall 
 award that parent temporary physical custody unless it finds it 
 would not be in the best interests of the child. 

    Subd. 3.    Child support.  A preexisting child support 
 order is not suspended or terminated during the time a child is 
 cared for by a designated caregiver, unless otherwise provided 
 by court order.  A designated caregiver has a cause of action 
 for child support against an absent parent under section 256.87, 
 subdivision 5. 

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

     257A.04 Duration. 

    Subdivision 1.    In general.  Unless canceled earlier 
 under section 257A.07 by a parent or the designated caregiver, a 
 designated caregiver agreement is effective for four years, 
 after which date a new agreement may be entered.  The new 
 agreement may name the same or a different designated 
 caregiver.  A designated caregiver agreement automatically 
 terminates as to any child when that child reaches age 18 or is 
 lawfully married. 

    Subd. 2.    Death of a parent.  If a parent dies while a 
 designated caregiver agreement is in effect, and there is no 
 living parent able to care for the child, the designated 
 caregiver shall care for the child until a guardian appointed by 
 will is able to take custody of the child or until a court order 
 otherwise provides for the care of the child.  However, the 
 designated caregiver may cancel the agreement at any time under 
 section 257A.07. 

    HIST: 1996 c 455 art 6 s 7; 1997 c 65 s 5 

     257A.05 Form. 

    Subdivision 1.    Writing.  A designated caregiver 
 agreement must be made in writing and all signatures must be 
 notarized. 

    Subd. 2.    Designated caregiver indication on driver's 
 license.  A parent who wishes to have a designated caregiver 
 indication placed on the parent's driver's license or 
 identification card under section 171.07, subdivision 11, must 
 submit a copy of the notarized designated caregiver agreement to 
 the department of public safety and pay any required fee. 

    HIST: 1996 c 455 art 6 s 8; 1997 c 65 s 5 

     257A.06 Multiple agreements. 

    If more than one otherwise valid designated caregiver 
 agreement exists regarding the same child, the priority among 
 agreements is determined as follows: 

    (1) an agreement that has been submitted to the department 
 of public safety has priority over any other agreement; 

    (2) if one or more agreements have been submitted to the 
 department of public safety under section 171.07, subdivision 
 11, the agreement with the most recent date that has been 
 submitted to the department controls; and 

    (3) if multiple agreements exist, none of which has been 
 submitted to the department of public safety, the agreement with 
 the most recent date controls. 

    HIST: 1996 c 455 art 6 s 9; 1997 c 65 s 5 

     257A.07 Cancellation. 

    Subdivision 1.    How and by whom.  A parent may cancel 
 a designated caregiver agreement at any time.  The parent shall 
 notify the designated caregiver of the cancellation.  If the 
 designated caregiver is caring for the child at the time of 
 cancellation, the child must be returned to the parent 
 immediately upon the parent's request. 

    A designated caregiver may decline to serve at any time, 
 and the parent must cancel the agreement immediately upon 
 request by the designated caregiver.  If a designated caregiver 
 is caring for a child when the designated caregiver cancels the 
 agreement, the parent must take physical custody of the child 
 immediately.  If the parent is unable to resume physical custody 
 at that time: 

    (1) the parent may name a new designated caregiver to care 
 for the child who shall immediately take custody of the child; 
 or 

    (2) if that is not possible, the designated caregiver shall 
 contact the local social service agency, which shall assess the 
 needs and circumstances of the child, including the likelihood 
 of the noncustodial parent taking custody, and the need for 
 placement and court action on behalf of the child, if necessary. 

    Subd. 2.    Notice to department of public safety.  A 
 parent who has had a designated caregiver indication placed on 
 the parent's driver's license or identification card under 
 section 171.07, subdivision 11, has the responsibility to notify 
 the department of public safety in writing whenever a designated 
 caregiver agreement is canceled or a new designated caregiver or 
 alternate is chosen. 

    HIST: 1996 c 455 art 6 s 10; 1997 c 65 s 5 

     257A.08 Extending period of care. 

    If a parent is unable to resume caring for a child upon 
 expiration of the period of care indicated in the designated 
 caregiver agreement, the period of care may be extended for a 
 length of time agreed by the parent and designated caregiver, 
 but not to exceed one year.  If a parent cannot be contacted or 
 is unable to communicate a decision about the child's care when 
 the agreed period of care expires, the designated caregiver may: 

    (1) petition the juvenile court to authorize continued care 
 by the designated caregiver until the parent is able to resume 
 the child's care, or for one year, whichever is sooner; or 

    (2) contact the local social service agency, which shall 
 assess the needs and circumstances of the child, including the 
 likelihood of the noncustodial parent taking custody of the 
 child, and the need for placement and court action on behalf of 
 the child, if necessary. 

    HIST: 1996 c 455 art 6 s 11; 1997 c 65 s 5 

     257A.09 Notice to local social service agency; 
  investigation. 

    If a child has been in the home of a designated caregiver 
 for 30 days, the designated caregiver shall promptly notify the 
 local social service agency, any adult siblings of the child, 
 and any living paternal or maternal grandparents, of the 
 following: 

    (1) the child's name, home address, and the name and home 
 address of the child's parents; 

    (2) that the child is in the home under a designated 
 caregiver agreement; and 

    (3) the length of time the child is expected to remain in 
 the designated caregiver's home. 

    The local social service agency may visit the child and the 
 home and may continue to visit and supervise the home and the 
 child or take other appropriate action to assure that the 
 welfare of the child is fully protected. 

    HIST: 1996 c 455 art 6 s 12; 1997 c 65 s 5 

     257A.10 Local social service agency evaluation. 

    When a local social service agency assumes responsibility 
 for a child pursuant to a voluntary placement agreement or by 
 order of the court, and the parent requests that placement be 
 with a designated caregiver, the local social service agency 
 must evaluate the appropriateness of the child's placement with 
 the designated caregiver.  If placement with the designated 
 caregiver is deemed to be in the child's best interest, the 
 designated caregiver must comply with licensure requirements 
 under chapter 245A, in order to provide foster care for the 
 child. 

    HIST: 1996 c 455 art 6 s 13; 1997 c 65 s 5