2006 Minnesota Statutes

CHAPTER 257. CHILDREN; CUSTODY, LEGITIMACY

CUSTODY

257.01 RECORDS REQUIRED.
Each person or authorized child-placing agency permitted by law to receive children, secure
homes for children, or care for children, shall keep a record containing the name, age, former
residence, legal status, health records, sex, race, and accumulated length of time in foster care, if
applicable, of each child received; the name, former residence, occupation, health history, and
character, of each birth parent; the date of reception, placing out, and adoption of each child, and
the name, race, occupation, and residence of the person with whom a child is placed; the date of
the removal of any child to another home and the reason for removal; the date of termination of
the guardianship; the history of each child until the child reaches the age of 18 years, is legally
adopted, or is discharged according to law; and further demographic and other information as is
required by the commissioner of human services.
History: (4560) Ex1919 c 51 s 1; 1951 c 644 s 1; 1973 c 725 s 47; 1983 c 278 s 1; 1984 c
654 art 5 s 58; 1986 c 444; 1994 c 631 s 31

257.02 SURRENDER OF PARENTAL RIGHTS.
No person other than the parents or relatives may assume the permanent care and custody of
a child under 14 years of age unless authorized so to do by an order or decree of court. However, if
a parent of a child who is being cared for by a relative dies, or if the parent is not or cannot fulfill
parental duties with respect to the child, the relative may bring a petition under section 260C.141.
Except in proceedings for adoption or by a consent decree entered under section 257C.07, no
parent may assign or otherwise transfer to another parental rights or duties with respect to the
permanent care and custody of a child under 14 years of age. Any such transfer shall be void.
History: (4561) Ex1919 c 51 s 2; 1986 c 444; 1996 c 421 s 2; 1997 c 112 s 1; 1999 c 139
art 4 s 2; 2002 c 304 s 13

257.021 [Repealed, 3Sp1981 c 3 s 20]

257.0215 [Renumbered 257C.07]

257.022 [Renumbered 257C.08]

257.025 CUSTODY DISPUTES.
(a) In any proceeding where two or more parties seek custody of a child the court shall
consider and evaluate all relevant factors in determining the best interests of the child, including
the following factors:
(1) the wishes of the party or parties as to custody;
(2) the reasonable preference of the child, if the court deems the child to be of sufficient
age to express preference;
(3) the child's primary caretaker;
(4) the intimacy of the relationship between each party and the child;
(5) the interaction and interrelationship of the child with a party or parties, siblings, and any
other person who may significantly affect the child's best interests;
(6) the child's adjustment to home, school, and community;
(7) the length of time the child has lived in a stable, satisfactory environment and the
desirability of maintaining continuity;
(8) the permanence, as a family unit, of the existing or proposed custodial home;
(9) the mental and physical health of all individuals involved; except that a disability, as
defined in section 363A.03, of a proposed custodian or the child shall not be determinative of
the custody of the child, unless the proposed custodial arrangement is not in the best interest of
the child;
(10) the capacity and disposition of the parties to give the child love, affection, and guidance,
and to continue educating and raising the child in the child's culture, religion, or creed, if any;
(11) the child's cultural background; and
(12) the effect on the child of the actions of an abuser, if related to domestic abuse as defined
in section 518B.01, that has occurred between the parents or the parties.
The court may not use one factor to the exclusion of all others. The court must make detailed
findings on each of the factors and explain how the factors led to its conclusions and to the
determination of the best interests of the child.
(b) The fact that the parents of the child are not or were never married to each other shall not
be determinative of the custody of the child.
(c) The court shall not consider conduct of a proposed custodian that does not affect the
custodian's relationship to the child.
(d) The court shall consider evidence of a violation of section 609.507 in determining the
best interests of the child.
(e) A person may seek custody of a child by filing a petition or motion pursuant to section
518.156.
(f) Section 518.619 applies to this section.
History: 1974 c 330 s 1; 1980 c 589 s 29; 1990 c 574 s 2; 1992 c 557 s 1

257.026 NOTIFICATION OF RESIDENCE WITH CERTAIN CONVICTED PERSONS.
    A person who is granted or exercises custody of a child or parenting time with a child
under this chapter or chapter 518 must notify the child's other parent, if any, the county social
services agency, and the court that granted the custody or parenting time, if the person knowingly
marries or lives in the same residence with a person who has been convicted of a crime listed
in section 518.179, subdivision 2.
History: 2006 c 280 s 1

257.03 NOTICE TO COMMISSIONER OF HUMAN SERVICES.
Any person not exempted from the requirement for licensure under chapter 245A receiving a
child in the person's home:
(1) because of the death, injury, or illness of the child's parent if the person intends to keep
the child for more than 30 days; or
(2) with intent to adopt the child or keep the child permanently, except a person receiving
a child from an authorized agency, must notify the commissioner of human services in writing
within 30 days after the child is received. Notice shall state the true name of the child; the child's
last previous address; the name and address of the child's parents or legal guardian and of persons
with whom the child last resided; and the names and addresses of persons who placed the child in
the home, arranged for, or assisted with arrangements for the child's placement there; and such
other facts about the child or the home as the commissioner may require. It is the duty of the
commissioner or a designated agent to investigate the circumstances surrounding the child's entry
into the home and to take appropriate action to assure for the child, the biological parents, and
the foster parents the full protection of all laws of Minnesota relating to custody and foster care
of children. Except as provided by section 317A.907, no person shall solicit, receive, or accept
any payment, promise of payment, or compensation, for placing a child in foster care or for
assisting to place a child in foster care. Nor shall any person pay or promise to pay or in any way
compensate any person, for placing or for assisting to place a child in foster care.
History: (4562) Ex1919 c 51 s 3; 1949 c 227 s 1; 1951 c 644 s 2; 1955 c 587 s 1; 1984 c 654
art 5 s 58; 1986 c 444; 1987 c 403 art 3 s 96; 1989 c 304 s 132; 1996 c 421 s 3

257.035 EMERGENCY.
A relative who acts to protect a child in an emergency or when a parent dies is not a
custodian as defined under section 260C.007. If the relative is unable or unwilling to provide for
the ongoing care, custody, and control of the child, the child may be considered a child in need of
protection or services under section 260C.007. The relative may report the death or emergency to
the local social service agency. Upon receiving the report, the local social service agency shall
assess the circumstances and the needs of the child. The agency may place the child in foster care
with a relative who meets the licensing standards under chapters 245A and 245C, and may pursue
court action on behalf of the child.
History: 1996 c 421 s 4; 1999 c 139 art 4 s 2; 2003 c 15 art 1 s 33

257.04 INVESTIGATION.
Upon receipt of the notice provided for in section 257.03 the commissioner of human
services or a designated agent of the commissioner shall visit the child and the home and shall
continue to visit and supervise the home and the child or take other appropriate action to assure
that the welfare of the child, biological parents and foster parents are fully protected.
History: (4563) Ex1919 c 51 s 4; 1935 c 112 s 2; 1949 c 227 s 2; 1955 c 587 s 2; 1984 c 654
art 5 s 58; 1986 c 444; 1987 c 403 art 3 s 94

257.05 IMPORTATION.
    Subdivision 1. Notification and duties of commissioner. No person, except as provided by
subdivisions 2 and 3, shall bring or send into the state any child for the purpose of placing the child
out or procuring the child's adoption without first obtaining the consent of the commissioner of
human services, and such person shall conform to all rules of the commissioner of human services
and laws of the state of Minnesota relating to protection of children in foster care. Before any child
shall be brought or sent into the state for the purpose of being placed in foster care, the person
bringing or sending the child into the state shall first notify the commissioner of human services
of the person's intention, and shall obtain from the commissioner of human services a certificate
stating that the home in which the child is to be placed is, in the opinion of the commissioner of
human services, a suitable adoptive home for the child if legal adoption is contemplated or that
the home meets the commissioner's requirements for licensing of foster homes if legal adoption is
not contemplated. The commissioner is responsible for protecting the child's interests so long as
the child remains within the state and until the child reaches the age of 18 or is legally adopted.
Notice to the commissioner shall state the name, age, and personal description of the child,
and the name and address of the person with whom the child is to be placed, and such other
information about the child and the foster home as may be required by the commissioner.
    Subd. 2. Exempt relatives. A parent, stepparent, grandparent, brother, sister and aunt or
uncle in the first degree of the minor child who bring a child into the state for placement within
their own home shall be exempt from the provisions of subdivision 1. This relationship may be
by blood or marriage.
    Subd. 3. International adoptions. Subject to state and federal laws and rules, adoption
agencies licensed under chapter 245A and Minnesota Rules, parts 9545.0755 to 9545.0845, and
county social services agencies are authorized to certify that the prospective adoptive home of
a child brought into the state from another country for the purpose of adoption is a suitable
home, or that the home meets the commissioner's requirements for licensing of foster homes if
legal adoption is not contemplated.
History: (4564) Ex1919 c 51 s 5; 1949 c 21 s 1; 1955 c 587 s 3; 1965 c 115 s 1; 1973 c 725 s
48; 1984 c 654 art 5 s 58; 1986 c 444; 1991 c 326 s 11; 1Sp2003 c 14 art 4 s 12

257.06 EXPORTATION.
No person except a parent or guardian may take or send a child out of the state for purposes
of placing the child in foster care without first obtaining the approval of the commissioner of
human services.
History: (4565) Ex1919 c 51 s 6; 1955 c 587 s 4; 1984 c 654 art 5 s 58; 1986 c 444

257.065 AUTHORIZED CHILD-PLACING AGENCY DEFINITION.
For the purposes of this chapter and chapter 259, "authorized child-placing agency" means
the local social service agency under the authority of the local social services agency or human
service board, or any agency licensed by the commissioner of human services or a comparable
authority in the state or United States, to place children for foster care or adoption.
History: 1983 c 278 s 2; 1984 c 654 art 5 s 58; 1994 c 631 s 31

257.0651 COMPLIANCE WITH INDIAN CHILD WELFARE ACT.
Sections 257.03 to 257.0725 and 260C.208 to 260C.215 must be construed consistently with
the Indian Child Welfare Act of 1978, United States Code, title 25, sections 1901 to 1963.
History: 1993 c 291 s 1; 1999 c 139 art 4 s 2; 1Sp2003 c 14 art 11 s 11

257.066 RULES.
By December 31, 1989, the commissioner of human services shall revise Minnesota Rules,
parts 9545.0750 to 9545.0830, 9560.0010 to 9560.0180, and 9560.0500 to 9560.0670 to ensure
that, as conditions of licensure, social services and child-placing agencies meet the requirements
of section 260C.215, subdivisions 6 and 7, and keep records in compliance with sections 257.01
and 259.79.
History: 1988 c 689 art 2 s 210; 1994 c 631 s 31; 1999 c 139 art 4 s 2

257.069 [Repealed, 1999 c 139 art 4 s 3]

257.07 [Repealed, 1978 c 602 s 13]

257.071 [Repealed, 1999 c 139 art 4 s 3]

257.0711 [Repealed, 1999 c 139 art 4 s 3]

257.072 [Repealed, 1999 c 139 art 4 s 3]

257.0725 ANNUAL REPORT.
The commissioner of human services shall publish an annual report on child maltreatment
and on children in out-of-home placement. The commissioner shall confer with counties,
child welfare organizations, child advocacy organizations, the courts, and other groups on
how to improve the content and utility of the department's annual report. In regard to child
maltreatment, the report shall include the number and kinds of maltreatment reports received and
any other data that the commissioner determines is appropriate to include in a report on child
maltreatment. In regard to children in out-of-home placement, the report shall include, by county
and statewide, information on legal status, living arrangement, age, sex, race, accumulated length
of time in placement, reason for most recent placement, race of family with whom placed, and
other information deemed appropriate on all children in out-of-home placement. Out-of-home
placement includes placement in any facility by an authorized child-placing agency.
History: 1988 c 689 art 2 s 216; 1996 c 416 s 9; 1Sp2001 c 9 art 11 s 4; 2002 c 379 art 1 s 113

257.075 [Repealed, 1Sp2003 c 14 art 11 s 12]

OMBUDSPERSON FOR FAMILIES

257.0755 OFFICE OF OMBUDSPERSON; CREATION; QUALIFICATIONS;
FUNCTION.
    Subdivision 1. Creation. One ombudsperson shall operate independently from but in
collaboration with each of the following groups: the Indian Affairs Council, the Council on
Affairs of Chicano/Latino people, the Council on Black Minnesotans, and the Council on
Asian-Pacific Minnesotans.
    Subd. 2. Selection; qualifications. The ombudsperson for each community shall be selected
by the applicable community-specific board established in section 257.0768. Each ombudsperson
serves in the unclassified service at the pleasure of the community-specific board and may be
removed only for just cause. Each ombudsperson must be selected without regard to political
affiliation, and shall be a person highly competent and qualified to analyze questions of law,
administration, and public policy regarding the protection and placement of children from
families of color. In addition, the ombudsperson must be experienced in dealing with communities
of color and knowledgeable about the needs of those communities. No individual may serve as
ombudsperson while holding any other public office.
    Subd. 3. Appropriation. Money appropriated for each ombudsperson from the general fund
or the special fund authorized by section 256.01, subdivision 2, clause (15), is under the control of
each ombudsperson for which it is appropriated.
History: 1991 c 292 art 3 s 20; 1993 c 369 s 77; 1994 c 632 art 4 s 62; 1997 c 7 art 3 s 7

257.076 DEFINITIONS.
    Subdivision 1. Scope. For the purposes of sections 257.0755 to 257.0768, the following
terms shall have the meanings given them in this section.
    Subd. 2. Agency. "Agency" means the divisions, officials, or employees of the state
Departments of Human Services and Health and local district courts or a designated county
social service agency as defined in section 256G.02, subdivision 7, engaged in providing child
protection and placement services for children. "Agency" also means any individual, service, or
program providing child protection or placement services in coordination with or under contract
to any other entity specified in this subdivision.
    Subd. 3. Communities of color. "Communities of color" means the following: American
Indian, Hispanic-Latino, Asian-Pacific, African, and African-American communities.
    Subd. 4. Compadrazgo. "Compadrazgo" is a kinship institution within the Hispanic-Latino
community used as a means of parenting and caring for children from birth to adulthood.
    Subd. 5. Family of color. "Family of color" means any family with a child under the age of
18 who is identified by one or both parents or another trusted adult to be of American Indian,
Hispanic-Latino, Asian-Pacific, African, or African-American descent.
    Subd. 6. Facility. "Facility" means any entity required to be licensed under chapter 245A.
    Subd. 7. Trusted adult. "Trusted adult" means an individual recognized by the child's parent
or legal guardian, the child's community, or both, as speaking for the child's best interest. The
term includes compadrazgo and other individuals with a kinship or community relationship
with the child.
History: 1991 c 292 art 3 s 21

257.0761 ORGANIZATION OF OFFICE OF OMBUDSPERSON.
    Subdivision 1. Staff; unclassified status; retirement. The ombudsperson for each group
specified in section 257.0755 may select, appoint, and compensate out of available funds the
assistants and employees as deemed necessary to discharge responsibilities. All employees,
except the secretarial and clerical staff, shall serve at the pleasure of the ombudsperson in the
unclassified service. The ombudsperson and full-time staff shall be members of the Minnesota
State Retirement Association.
    Subd. 2. Delegation to staff. The ombudsperson may delegate to staff members any of the
ombudsperson's authority or duties except the duty of formally making recommendations to an
administrative agency or reports to the Office of the Governor, or to the legislature.
History: 1991 c 292 art 3 s 22

257.0762 DUTIES AND POWERS.
    Subdivision 1. Duties. (a) Each ombudsperson shall monitor agency compliance with all
laws governing child protection and placement, as they impact on children of color. In particular,
the ombudsperson shall monitor agency compliance with sections 260C.215; 260.751 to 260.835;
and 260C.193, subdivision 3.
(b) The ombudsperson shall work with local state courts to ensure that:
(1) court officials, public policy makers, and service providers are trained in cultural
diversity. The ombudsperson shall document and monitor court activities in order to heighten
awareness of diverse belief systems and family relationships;
(2) experts from the appropriate community of color including tribal advocates are used as
court advocates and are consulted in placement decisions that involve children of color;
(3) guardians ad litem and other individuals from communities of color are recruited, trained,
and used in court proceedings to advocate on behalf of children of color; and
(4) training programs for bilingual workers are provided.
    Subd. 2. Powers. Each ombudsperson has the authority to investigate decisions, acts, and
other matters of an agency, program, or facility providing protection or placement services to
children of color. In carrying out this authority and the duties in subdivision 1, each ombudsperson
has the power to:
(1) prescribe the methods by which complaints are to be made, reviewed, and acted upon;
(2) determine the scope and manner of investigations to be made;
(3) investigate, upon a complaint or upon personal initiative, any action of any agency;
(4) request and be given access to any information in the possession of any agency deemed
necessary for the discharge of responsibilities. The ombudsperson is authorized to set reasonable
deadlines within which an agency must respond to requests for information. Data obtained from
any agency under this clause shall retain the classification which it had under section 13.02 and
shall be maintained and disseminated by the ombudsperson according to chapter 13;
(5) examine the records and documents of an agency;
(6) enter and inspect, during normal business hours, premises within the control of an
agency; and
(7) subpoena any agency personnel to appear, testify, or produce documentary or other
evidence which the ombudsperson deems relevant to a matter under inquiry, and may petition
the appropriate state court to seek enforcement with the subpoena; provided, however, that
any witness at a hearing or before an investigation as herein provided, shall possess the
same privileges reserved to such a witness in the courts or under the laws of this state. The
ombudsperson may compel nonagency individuals to testify or produce evidence according to
procedures developed by the advisory board.
History: 1991 c 292 art 3 s 23; 1994 c 632 art 4 s 63; 1999 c 139 art 4 s 2; 1Sp2003
c 14 art 11 s 11

257.0763 MATTERS APPROPRIATE FOR REVIEW.
(a) In selecting matters for review, an ombudsperson should give particular attention to
actions of an agency, facility, or program that:
(1) may be contrary to law or rule;
(2) may be unreasonable, unfair, oppressive, or inconsistent with a policy or order of an
agency, facility, or program;
(3) may result in abuse or neglect of a child;
(4) may disregard the rights of a child or other individual served by an agency or facility; or
(5) may be unclear or inadequately explained, when reasons should have been revealed.
(b) An ombudsperson shall, in selecting matters for review, inform other interested agencies
in order to avoid duplicating other investigations or regulatory efforts, including activities
undertaken by a tribal organization under the authority of sections 260.751 to 260.835.
History: 1991 c 292 art 3 s 24; 1999 c 139 art 4 s 2

257.0764 COMPLAINTS.
An ombudsperson may receive a complaint from any source concerning an action of an
agency, facility, or program. After completing a review, the ombudsperson shall inform the
complainant, agency, facility, or program. Services to a child shall not be unfavorably altered as a
result of an investigation or complaint. An agency, facility, or program shall not retaliate or take
adverse action, as defined in section 626.556, subdivision 4a, paragraph (c), against an individual
who, in good faith, makes a complaint or assists in an investigation.
History: 1991 c 292 art 3 s 25

257.0765 RECOMMENDATIONS TO AGENCY.
(a) If, after reviewing a complaint or conducting an investigation and considering the
response of an agency, facility, or program and any other pertinent material, the ombudsperson
determines that the complaint has merit or the investigation reveals a problem, the ombudsperson
may recommend that the agency, facility, or program:
(1) consider the matter further;
(2) modify or cancel its actions;
(3) alter a rule, order, or internal policy;
(4) explain more fully the action in question; or
(5) take other action as authorized under section 257.0762.
(b) At the ombudsperson's request, the agency, facility, or program shall, within a reasonable
time, inform the ombudsperson about the action taken on the recommendation or the reasons
for not complying with it.
History: 1991 c 292 art 3 s 26

257.0766 RECOMMENDATIONS AND PUBLIC REPORTS.
    Subdivision 1. Specific reports. An ombudsperson may send conclusions and suggestions
concerning any matter reviewed to the governor and shall provide copies of all reports to the
advisory board and to the groups specified in section 257.0768, subdivision 1. Before making
public a conclusion or recommendation that expressly or implicitly criticizes an agency, facility,
program, or any person, the ombudsperson shall inform the governor and the affected agency,
facility, program, or person concerning the conclusion or recommendation. When sending a
conclusion or recommendation to the governor that is adverse to an agency, facility, program,
or any person, the ombudsperson shall include any statement of reasonable length made by that
agency, facility, program, or person in defense or mitigation of the ombudsperson's conclusion
or recommendation.
    Subd. 2. General reports. In addition to whatever conclusions or recommendations the
ombudsperson may make to the governor on an ad hoc basis, the ombudsperson shall at the end
of each year report to the governor concerning the exercise of the ombudsperson's functions
during the preceding year.
History: 1991 c 292 art 3 s 27

257.0767 CIVIL ACTIONS.
The ombudsperson and designees are not civilly liable for any action taken under sections
257.0755 to 257.0768 if the action was taken in good faith, was within the scope of the
ombudsperson's authority, and did not constitute willful or reckless misconduct.
History: 1991 c 292 art 3 s 28

257.0768 COMMUNITY-SPECIFIC BOARDS.
    Subdivision 1. Membership. Four community-specific boards are created. Each board
consists of five members. The chair of each of the following groups shall appoint the board for
the community represented by the group: the Indian Affairs Council; the Council on Affairs of
Chicano/Latino people; the Council on Black Minnesotans; and the Council on Asian-Pacific
Minnesotans. In making appointments, the chair must consult with other members of the council.
    Subd. 2. Compensation; chair. Members do not receive compensation but are entitled to
receive reimbursement for reasonable and necessary expenses incurred.
    Subd. 3. Meetings. Each board shall meet regularly at the request of the appointing chair
or the ombudsperson.
    Subd. 4. Duties. Each board shall appoint the ombudsperson for its community. Each board
shall advise and assist the ombudsperson for its community in selecting matters for attention;
developing policies, plans, and programs to carry out the ombudspersons' functions and powers;
establishing protocols for working with the communities of color; developing procedures for the
ombudspersons' use of the subpoena power to compel testimony and evidence from nonagency
individuals; and making reports and recommendations for changes designed to improve standards
of competence, efficiency, justice, and protection of rights.
    Subd. 5. Terms, compensation, removal, and expiration. The membership terms,
compensation, and removal of members of each board and the filling of membership vacancies
are governed by section 15.0575.
    Subd. 6. Joint meetings. The members of the four community-specific boards shall meet
jointly at least four times each year to advise the ombudspersons on overall policies, plans,
protocols, and programs for the office.
History: 1986 c 444; 1991 c 292 art 3 s 29; 1994 c 632 art 4 s 64; 1997 c 7 art 3 s 8

257.0769 FUNDING FOR THE OMBUDSPERSON PROGRAM.
    Subdivision 1. Appropriations. (a) Money is appropriated from the special fund authorized
by section 256.01, subdivision 2, clause (15), to the Indian Affairs Council for the purposes
of sections 257.0755 to 257.0768.
(b) Money is appropriated from the special fund authorized by section 256.01, subdivision
2 , clause (15), to the council on affairs of Chicano/Latino people for the purposes of sections
257.0755 to 257.0768.
(c) Money is appropriated from the special fund authorized by section 256.01, subdivision
2 , clause (15), to the Council of Black Minnesotans for the purposes of sections 257.0755 to
257.0768.
(d) Money is appropriated from the special fund authorized by section 256.01, subdivision 2,
clause (15), to the Council on Asian-Pacific Minnesotans for the purposes of sections 257.0755 to
257.0768.
    Subd. 2. Title IV-E reimbursement. The commissioner shall obtain federal title IV-E
financial participation for eligible activity by the ombudsperson for families under section
257.0755. The ombudsperson for families shall maintain and transmit to the Department of
Human Services documentation that is necessary in order to obtain federal funds.
History: 1991 c 292 art 3 s 30; 1997 c 7 art 3 s 9; 1Sp2003 c 14 art 6 s 52

257.08 [Repealed, 1953 c 613 s 4]

    Subdivision 1.[Repealed, 1976 c 243 s 15]
    Subd. 2.[Repealed, 1976 c 243 s 15]
    Subd. 3.[Repealed, 1976 c 243 s 15]
    Subd. 4.[Repealed, 1976 c 243 s 15]
    Subd. 5.[Repealed, 1976 c 243 s 15]
    Subd. 6.[Repealed, 1976 c 243 s 15]
    Subd. 7.[Repealed, 1976 c 243 s 15]
    Subd. 8.[Renumbered 257.082, subdivision 1]
    Subd. 9.[Renumbered 257.082, subd 2]
    Subd. 10.[Repealed, 1976 c 243 s 15]

257.082 [Repealed, 1976 c 243 s 15]

257.09 [Repealed, 1953 c 613 s 10]

257.091 [Repealed, 1976 c 243 s 15]

257.10 [Repealed, 1953 c 613 s 2]

257.101 [Repealed, 1976 c 243 s 15]

257.102 [Repealed, 1976 c 243 s 15]

257.11 [Repealed, 1953 c 613 s 6]

    Subdivision 1.[Repealed, 1976 c 243 s 15]
    Subd. 2.[Repealed, 1971 c 539 s 8]
    Subd. 3.[Repealed, 1971 c 539 s 8]
    Subd. 4.[Repealed, 1971 c 539 s 8]
    Subd. 5.[Repealed, 1971 c 539 s 8]
    Subd. 6.[Repealed, 1971 c 539 s 8]

257.12 [Repealed, 1953 c 613 s 6]

257.121 [Repealed, 1971 c 539 s 8]

257.123 [Repealed, 1976 c 243 s 15]

257.124 [Repealed, 1976 c 243 s 15]

257.13 [Repealed, 1971 c 539 s 8]

257.14 [Repealed, 1971 c 539 s 8]

257.15 [Repealed, 1971 c 539 s 8]

257.16 [Repealed, 1953 c 613 s 10]

257.17 [Repealed, 1953 c 613 s 10]

257.175 DUTIES OF COMMISSIONER OF HUMAN SERVICES.
It shall be the duty of the commissioner of human services to promote the enforcement of all
laws for the protection of defective, dependent, neglected, and delinquent children, to cooperate
to this end with juvenile courts and all reputable child-helping and child-placing agencies of a
public or private character, and to take the initiative in all matters involving the interests of
such children where adequate provision therefor has not already been made. The commissioner
may appoint a chief executive officer and such assistants as shall be necessary to carry out the
purposes of this section and section 257.33.
History: (4456) 1917 c 194 s 3; 1965 c 45 s 37; 1980 c 589 s 30; 1984 c 654 art 5 s 58

257.176 [Repealed, 1959 c 480 s 6]

257.177 [Repealed, 1959 c 480 s 6]

257.18 [Repealed, 1971 c 143 s 16]

257.19 [Repealed, 1971 c 143 s 16]

257.20 [Repealed, 1971 c 143 s 16]

257.21 [Repealed, 1971 c 143 s 16]

257.22 [Repealed, 1971 c 143 s 16]

257.23 [Repealed, 1971 c 143 s 16]

257.24 [Repealed, 1971 c 143 s 16]

257.25 [Repealed, 1971 c 143 s 16]

257.251 [Repealed, 1980 c 589 s 38]

257.252 [Repealed, 1980 c 589 s 38]

257.253 [Repealed, 1980 c 589 s 38]

257.254 [Repealed, 1980 c 589 s 38]

257.255 [Repealed, 1980 c 589 s 38]

257.256 [Repealed, 1980 c 589 s 38]

257.257 [Repealed, 1980 c 589 s 38]

257.258 [Repealed, 1980 c 589 s 38]

257.259 [Repealed, 1980 c 589 s 38]

257.26 [Repealed, 1971 c 143 s 16]

257.261 [Repealed, 1980 c 589 s 38]

257.262 [Repealed, 1980 c 589 s 38]

257.263 [Repealed, 1980 c 589 s 38]

257.264 [Repealed, 1980 c 589 s 38]

257.27 [Repealed, 1980 c 589 s 38]

257.28 [Repealed, 1980 c 589 s 38]

257.29 [Repealed, 1980 c 589 s 38]

257.30 [Repealed, 1980 c 589 s 38]

257.31 [Repealed, 1980 c 589 s 38]

257.32 [Repealed, 1980 c 589 s 38]

257.33 DUTIES OF COMMISSIONER OF HUMAN SERVICES.
    Subdivision 1. Services to pregnant women. It shall be the duty of the commissioner of
human services to offer appropriate social services to any pregnant woman who is in need of
social services under criteria prescribed by rule of the commissioner. The commissioner shall also
offer appropriate social services to the woman and her child after the birth of the child.
    Subd. 2. Minor parents and their children. (a) Every birth to a minor shall be reported by
the hospital where the birth occurs, within three working days after the birth. The hospital shall
make the report to the county social services agency in the county in which the minor mother
resides and shall notify the minor that the report has been made. The county social services
agency shall contact any minor mother who does not have a case manager who resides in the
county and determine whether she has a plan for herself and her child. The plan must consider:
(1) the age of the minor parent;
(2) the involvement of the minor's parents or of other adults who provide active, ongoing
guidance, support, and supervision;
(3) the involvement of the father of the minor's child, including steps being taken to establish
paternity, if appropriate;
(4) a decision of the minor to keep and raise her child or place the child for adoption;
(5) completion of high school or GED;
(6) current economic support of the minor parent and child and plans for economic
self-sufficiency;
(7) parenting skills of the minor parent;
(8) living arrangement of the minor parent and child;
(9) child care and transportation needed for education, training, or employment;
(10) ongoing health care; and
(11) other services as needed to address personal or family problems or to facilitate the
personal growth and development and economic self-sufficiency of the minor parent and child.
(b) If the minor parent does not have a plan for herself and child, the county social services
agency shall work with her to develop a plan and shall provide case management services as
needed to assure the resources and services are available to meet the plan requirements.
(c) If the minor parent refuses to plan for herself and her child or fails, without good cause,
to follow through on an agreed upon plan, the county social services agency may file a petition
under section 260C.141 seeking an order for protective supervision under section 260C.201,
subdivision 1 , clause (a), on the grounds that the minor parent's child is dependent due to the
state of immaturity of the minor parent. A contract with a minor parent under section 256J.54,
subdivision 2 , is an "agreed upon plan" for purposes of this section.
History: (4455) 1917 c 194 s 2; 1980 c 589 s 31; 1981 c 257 s 1; 1984 c 654 art 5 s 58;
1987 c 403 art 3 s 44; 1999 c 139 art 4 s 2; 1999 c 159 s 107

257.34 DECLARATION OF PARENTAGE.
    Subdivision 1. Acknowledgment by parents. The mother and father of a child born to a
mother who was not married to the child's father when the child was conceived nor when the child
was born may, in a writing signed by both of them before a notary public, declare and acknowledge
under oath that they are the biological parents of the child. The declaration may provide that any
such child born to the mother at any time before or up to ten months after the date of execution of
the declaration is the biological child of the signatories. Execution of the declaration shall:
(a) have the same consequences as an acknowledgment by the signatories of parentage of the
child for the purposes of sections 62A.041 and 62C.14, subdivision 5a;
(b) be conclusive evidence that the signatories are parents of the child for the purposes of
sections 176.111, 197.75, and 197.752;
(c) create a presumption that the signatory is the biological father of the child for the
purposes of sections 257.51 to 257.74;
(d) when timely filed with the Department of Health as provided in section 259.52, qualify as
an affidavit stating the intention of the signatories to retain parental rights as provided in section
259.52 if it contains the information required by section 259.52 or rules promulgated thereunder;
(e) have the same consequences as a writing declaring paternity of the child for the purposes
of section 524.2-109; and
(f) be conclusive evidence that the signatories are parents of the child for the purposes
of chapter 573.
    Subd. 2.[Repealed, 1987 c 403 art 3 s 98]
    Subd. 3. Effect of declaration. The declaration authorized by subdivision 1 shall not affect
the rights or duties arising out of a parent-child relationship of any person not a signatory to the
declaration claiming to be the parent of the child nor shall the declaration impair any rights of the
child arising out of a parent-child relationship against any person not a signatory to the declaration.
    Subd. 4. Expiration of authority for declarations. No acknowledgment of parentage
shall be entered into on or after August 1, 1995, under this section. The mother and father of a
child born to a mother who was not married to the child's father when the child was conceived
nor when the child was born may before, on, or after August 1, 1995, sign a recognition of
parentage under section 257.75.
History: 1980 c 561 s 3; 1981 c 349 s 1; 1983 c 7 s 7; 1983 c 243 s 5 subd 7; 1985 c 250 s 23;
1987 c 384 art 2 s 64; 1987 c 403 art 3 s 45; 1994 c 631 s 31; 1995 c 257 art 4 s 3; 2000 c 260 s 31

257.35 [Repealed, 1999 c 139 art 4 s 3]

257.351 [Repealed, 1999 c 139 art 4 s 3]

257.352 [Repealed, 1999 c 139 art 4 s 3]

257.353 [Repealed, 1999 c 139 art 4 s 3]

257.354 [Repealed, 1999 c 139 art 4 s 3]

257.355 [Repealed, 1999 c 139 art 4 s 3]

257.356 [Repealed, 1999 c 139 art 4 s 3]

257.357 [Repealed, 1989 c 155 s 5]

257.3571 [Repealed, 1999 c 139 art 4 s 3]

257.3572 [Repealed, 1999 c 139 art 4 s 3]

257.3573 [Repealed, 1999 c 139 art 4 s 3]

257.3574 [Repealed, 1999 c 139 art 4 s 3]

257.3575 [Repealed, 1999 c 139 art 4 s 3]

257.3576 [Repealed, 1999 c 139 art 4 s 3]

257.3577 [Repealed, 1999 c 139 art 4 s 3]

257.3578 [Repealed, 1999 c 139 art 4 s 3]

257.3579 [Repealed, 1999 c 139 art 4 s 3]

257.40 [Repealed, 1999 c 139 art 4 s 3]

257.41 [Repealed, 1999 c 139 art 4 s 3]

257.42 [Repealed, 1999 c 139 art 4 s 3]

257.43 [Repealed, 1999 c 139 art 4 s 3]

257.44 [Repealed, 1999 c 139 art 4 s 3]

257.45 [Repealed, 1999 c 139 art 4 s 3]

257.46 [Repealed, 1999 c 139 art 4 s 3]

257.47 [Repealed, 1999 c 139 art 4 s 3]

257.48 [Repealed, 1999 c 139 art 4 s 3]

PARENTAGE ACT

257.51 CITATION.
Sections 257.51 to 257.74 may be cited as the Parentage Act.
History: 1980 c 589 s 1

257.52 PARENT AND CHILD RELATIONSHIP DEFINED.
As used in sections 257.51 to 257.74, "parent and child relationship" means the legal
relationship existing between a child and the child's biological or adoptive parents incident to
which the law confers or imposes rights, privileges, duties, and obligations. It includes the mother
and child relationship and the father and child relationship.
History: 1980 c 589 s 2; 1986 c 444; 1987 c 403 art 3 s 96

257.53 RELATIONSHIP NOT DEPENDENT ON MARRIAGE.
The parent and child relationship may exist regardless of the marital status of the parents.
History: 1980 c 589 s 3

257.54 HOW PARENT AND CHILD RELATIONSHIP ESTABLISHED.
The parent and child relationship between a child and
(a) the biological mother may be established by proof of her having given birth to the child,
or under sections 257.51 to 257.74 or 257.75;
(b) the biological father may be established under sections 257.51 to 257.74 or 257.75; or
(c) an adoptive parent may be established by proof of adoption.
History: 1980 c 589 s 4; 1987 c 403 art 3 s 96; 1Sp1993 c 1 art 6 s 33

257.541 CUSTODY AND PARENTING TIME WITH CHILDREN BORN OUTSIDE OF
MARRIAGE.
    Subdivision 1. Mother's right to custody. The biological mother of a child born to a mother
who was not married to the child's father when the child was born and was not married to the
child's father when the child was conceived has sole custody of the child until paternity has
been established under sections 257.51 to 257.74, or until custody is determined in a separate
proceeding under section 518.156.
    Subd. 2. Father's right to parenting time and custody. (a) If paternity has been
acknowledged under section 257.34 and paternity has been established under sections 257.51
to 257.74, the father's rights of parenting time or custody are determined under sections 518.17
and 518.175.
(b) If paternity has not been acknowledged under section 257.34 and paternity has been
established under sections 257.51 to 257.74, the biological father may petition for rights of
parenting time or custody in the paternity proceeding or in a separate proceeding under section
518.156.
    Subd. 3. Father's right to parenting time and custody; recognition of paternity. If
paternity has been recognized under section 257.75, the father may petition for rights of parenting
time or custody in an independent action under section 518.156. The proceeding must be treated
as an initial determination of custody under section 518.17. The provisions of chapter 518 apply
with respect to the granting of custody and parenting time. An action to determine custody and
parenting time may be commenced pursuant to chapter 518 without an adjudication of parentage.
These proceedings may not be combined with any proceeding under chapter 518B.
History: 1983 c 308 s 3; 1987 c 403 art 3 s 96; 1990 c 574 s 3; 1Sp1993 c 1 art 6 s 34;
2000 c 444 art 2 s 6

257.55 PRESUMPTION OF PATERNITY.
    Subdivision 1. Presumption. A man is presumed to be the biological father of a child if:
    (a) He and the child's biological mother are or have been married to each other and the child is
born during the marriage, or within 280 days after the marriage is terminated by death, annulment,
declaration of invalidity, dissolution, or divorce, or after a decree of legal separation is entered by
a court. The presumption in this paragraph does not apply if the man has joined in a recognition of
parentage recognizing another man as the biological father under section 257.75, subdivision 1a;
    (b) Before the child's birth, he and the child's biological mother have attempted to marry
each other by a marriage solemnized in apparent compliance with law, although the attempted
marriage is or could be declared void, voidable, or otherwise invalid, and,
    (1) if the attempted marriage could be declared invalid only by a court, the child is born
during the attempted marriage, or within 280 days after its termination by death, annulment,
declaration of invalidity, dissolution or divorce; or
    (2) if the attempted marriage is invalid without a court order, the child is born within 280
days after the termination of cohabitation;
    (c) After the child's birth, he and the child's biological mother have married, or attempted
to marry, each other by a marriage solemnized in apparent compliance with law, although the
attempted marriage is or could be declared void, voidable, or otherwise invalid, and,
    (1) he has acknowledged his paternity of the child in writing filed with the state registrar of
vital statistics;
    (2) with his consent, he is named as the child's father on the child's birth record; or
    (3) he is obligated to support the child under a written voluntary promise or by court order;
    (d) While the child is under the age of majority, he receives the child into his home and
openly holds out the child as his biological child;
    (e) He and the child's biological mother acknowledge his paternity of the child in a writing
signed by both of them under section 257.34 and filed with the state registrar of vital statistics.
If another man is presumed under this paragraph to be the child's father, acknowledgment may
be effected only with the written consent of the presumed father or after the presumption has
been rebutted;
    (f) He and the child's biological mother have executed a recognition of parentage in
accordance with section 257.75 and another man is presumed to be the father under this
subdivision;
    (g) He and the child's biological mother have executed a recognition of parentage in
accordance with section 257.75 and another man and the child's mother have executed a
recognition of parentage in accordance with section 257.75; or
    (h) He and the child's biological mother executed a recognition of parentage in accordance
with section 257.75 when either or both of the signatories were less than 18 years of age.
    Subd. 2. Rebuttal. A presumption under this section may be rebutted in an appropriate
action only by clear and convincing evidence. If two or more presumptions arise which conflict
with each other, the presumption which on the facts is founded on the weightier considerations of
policy and logic controls. The presumption is rebutted by a court decree establishing paternity of
the child by another man.
History: 1980 c 589 s 5; 1983 c 308 s 4; 1987 c 403 art 3 s 96; 1989 c 282 art 2 s 161;
1Sp1993 c 1 art 6 s 35; 1995 c 207 art 10 s 7; 1995 c 216 s 1; 1995 c 257 art 4 s 4; 1Sp2001 c 9
art 15 s 32; 2006 c 280 s 2

257.56 ARTIFICIAL INSEMINATION.
    Subdivision 1. Husband treated as biological father. If, under the supervision of a licensed
physician and with the consent of her husband, a wife is inseminated artificially with semen
donated by a man not her husband, the husband is treated in law as if he were the biological father
of a child thereby conceived. The husband's consent must be in writing and signed by him and his
wife. The consent must be retained by the physician for at least four years after the confirmation
of a pregnancy that occurs during the process of artificial insemination.
All papers and records pertaining to the insemination, whether part of the permanent record
of a court or of a file held by the supervising physician or elsewhere, are subject to inspection
only upon an order of the court for good cause shown.
    Subd. 2. Donor not treated as biological father. The donor of semen provided to a licensed
physician for use in artificial insemination of a married woman other than the donor's wife is
treated in law as if he were not the biological father of a child thereby conceived.
History: 1980 c 589 s 6; 1987 c 126 s 1; 1987 c 403 art 3 s 96

257.57 DETERMINATION OF FATHER AND CHILD RELATIONSHIP; WHO MAY
BRING ACTION; WHEN ACTION MAY BE BROUGHT.
    Subdivision 1. Actions under section 257.55, subdivision 1, paragraph (a), (b), or (c).
A child, the child's biological mother, or a man presumed to be the child's father under section
257.55, subdivision 1, paragraph (a), (b), or (c) may bring an action:
(a) At any time for the purpose of declaring the existence of the father and child relationship
presumed under section 257.55, subdivision 1, paragraph (a), (b), or (c); or
(b) For the purpose of declaring the nonexistence of the father and child relationship
presumed under section 257.55, subdivision 1, paragraph (a), (b), or (c), only if the action is
brought within two years after the person bringing the action has reason to believe that the
presumed father is not the father of the child, but in no event later than three years after the child's
birth. However, if the presumed father was divorced from the child's mother and if, on or before
the 280th day after the judgment and decree of divorce or dissolution became final, he did not
know that the child was born during the marriage or within 280 days after the marriage was
terminated, the action is not barred until one year after the child reaches the age of majority or one
year after the presumed father knows or reasonably should have known of the birth of the child,
whichever is earlier. After the presumption has been rebutted, paternity of the child by another
man may be determined in the same action, if he has been made a party.
    Subd. 2. Actions under other paragraphs of section 257.55, subdivision 1. The child, the
mother, or personal representative of the child, the public authority chargeable by law with the
support of the child, the personal representative or a parent of the mother if the mother has died or
is a minor, a man alleged or alleging himself to be the father, or the personal representative or a
parent of the alleged father if the alleged father has died or is a minor may bring an action:
    (1) at any time for the purpose of declaring the existence of the father and child relationship
presumed under sections 257.55, subdivision 1, paragraph (d), (e), (g), or (h), and 257.62,
subdivision 5, paragraph (b), or the nonexistence of the father and child relationship presumed
under section 257.55, subdivision 1, clause (d);
    (2) for the purpose of declaring the nonexistence of the father and child relationship
presumed under section 257.55, subdivision 1, paragraph (e) or (g), only if the action is brought
within six months after the person bringing the action obtains the results of blood or genetic tests
that indicate that the presumed father is not the father of the child;
    (3) for the purpose of declaring the nonexistence of the father and child relationship
presumed under section 257.62, subdivision 5, paragraph (b), only if the action is brought within
three years after the party bringing the action, or the party's attorney of record, has been provided
the blood or genetic test results; or
    (4) for the purpose of declaring the nonexistence of the father and child relationship presumed
under section 257.75, subdivision 9, only if the action is brought by the minor signatory within six
months after the minor signatory reaches the age of 18. In the case of a recognition of parentage
executed by two minor signatories, the action to declare the nonexistence of the father and child
relationship must be brought within six months after the youngest signatory reaches the age of 18.
    Subd. 3. Action regarding child with no presumed father under section 257.55. An
action to determine the existence of the father and child relationship with respect to a child
who has no presumed father under section 257.55 may be brought by the child, the mother or
personal representative of the child, the public authority chargeable by law with the support of the
child, the personal representative or a parent of the mother if the mother has died or is a minor,
a man alleged or alleging himself to be the father, or the personal representative or a parent of
the alleged father if the alleged father has died or is a minor.
    Subd. 4. Effect of agreement by mother and alleged or presumed father. Regardless of its
terms, an agreement, other than an agreement approved by the court in accordance with section
257.64, between an alleged or presumed father and the mother, does not bar an action under this
section by the child or the public authority chargeable by law with the support of the child.
    Subd. 5. Action brought before birth of child. If an action under this section is brought
before the birth of the child, all proceedings shall be stayed until after the birth, except service of
process and the taking of depositions to perpetuate testimony.
    Subd. 6. Adopted child. If the child has been adopted, an action may not be brought.
History: 1980 c 589 s 7; 1986 c 444; 1987 c 403 art 3 s 46,96; 1989 c 282 art 2 s 162; 1990
c 568 art 2 s 65; 1991 c 292 art 5 s 69; 1993 c 322 s 5; 1Sp1993 c 1 art 6 s 36; 1995 c 207 art
10 s 8; 1995 c 216 s 2; 1995 c 257 art 4 s 5; 2006 c 280 s 3

257.58 LIMITATION OF ACTIONS; EXCEPTIONS.
    Subdivision 1. Actions for children without a presumed father. Except as otherwise
provided in section 259.52, an action to determine the existence of the father and child relationship
as to a child who has no presumed father under section 257.55 is not barred until one year after
the child reaches the age of majority.
    Subd. 2. Heirship. Section 257.57 and this section do not extend the time within which a right
of inheritance or a right to a succession may be asserted beyond the time provided by law relating
to distribution and closing of decedents' estates or to the determination of heirship, or otherwise.
History: 1980 c 589 s 8; 1983 c 308 s 5; 1985 c 131 s 5; 1997 c 218 s 6

257.59 JURISDICTION; VENUE.
    Subdivision 1. Court jurisdiction. The district court has jurisdiction of an action brought
under sections 257.51 to 257.74. The action may be joined with an action for dissolution,
annulment, legal separation, custody under chapter 518, or reciprocal enforcement of support.
    Subd. 2. Acquisition of personal jurisdiction. In addition to any other method provided by
rule or statute, personal jurisdiction may be acquired by service in accordance with section 543.19.
    Subd. 3. Venue. The action may be brought in the county in which the child or the defendant
resides or is found or, if the defendant is deceased, in which proceedings for probate of the
defendant's estate have been or could be commenced.
History: 1980 c 589 s 9; 1983 c 308 s 6; 1Sp1993 c 1 art 6 s 37; 1998 c 254 art 2 s 29

257.60 PARTIES.
The child may be made a party to the action. If the child is a minor and is made a party, a
general guardian or a guardian ad litem shall be appointed by the court to represent the child.
The child's mother or father may not represent the child as guardian or otherwise. The biological
mother, each man presumed to be the father under section 257.55, and each man alleged to be the
biological father, shall be made parties or, if not subject to the jurisdiction of the court, shall be
given notice of the action in a manner prescribed by the court and shall be given an opportunity to
be heard. The public agency responsible for support enforcement is joined as a party in each case
in which rights are assigned under section 256.741, and in each case in which the public agency
is providing services pursuant to an application for child support services. A person who may
bring an action under section 257.57 may be made a party to the action. The court may align the
parties. The child shall be made a party whenever:
(1) the child is a minor and the case involves a compromise under section 257.64, subdivision
1 , or a lump sum payment under section 257.66, subdivision 4, in which case the commissioner
of human services shall also be made a party subject to Department of Human Services rules
relating to paternity suit settlements; or
(2) the child is a minor and the action is to declare the nonexistence of the father and child
relationship; or
(3) an action to declare the existence of the father and child relationship is brought by a man
presumed to be the father under section 257.55, or a man who alleges to be the father, and the
mother of the child denies the existence of the father and child relationship.
History: 1980 c 589 s 10; 1983 c 308 s 7; 1984 c 654 art 5 s 58; 1987 c 403 art 3 s 47; 1994
c 529 s 18; 1995 c 257 art 4 s 6; 1999 c 159 s 109

257.61 PRETRIAL PROCEEDINGS.
As soon as practicable, after an action to declare the existence or nonexistence of the father
and child relationship has been brought, a pretrial hearing shall be held in accordance with the
Rules of Civil Procedure. The public shall be barred from the hearing. A record of the proceeding
or any portion thereof shall be kept if any party requests, or the court so orders.
History: 1980 c 589 s 11

257.62 BLOOD AND GENETIC TESTS.
    Subdivision 1. Blood or genetic tests required. (a) The court or public authority may, and
upon request of a party shall, require the child, mother, or alleged father to submit to blood or
genetic tests. A mother or alleged father requesting the tests shall file with the court an affidavit
either alleging or denying paternity and setting forth facts that establish the reasonable possibility
that there was, or was not, the requisite sexual contact between the parties.
(b) A copy of the test results must be served on each party by first class mail to the party's
last known address. Any objection to the results of blood or genetic tests must be made in writing
no later than 30 days after service of the results. Test results served upon a party must include
notice of this right to object.
(c) If the alleged father is dead, the court may, and upon request of a party shall, require the
decedent's parents or brothers and sisters or both to submit to blood or genetic tests. However, in a
case involving these relatives of an alleged father, who is deceased, the court may refuse to order
blood or genetic tests if the court makes an express finding that submitting to the tests presents a
danger to the health of one or more of these relatives that outweighs the child's interest in having
the tests performed. Unless the person gives consent to the use, the results of any blood or genetic
tests of the decedent's parents, brothers, or sisters may be used only to establish the right of the
child to public assistance including but not limited to Social Security and veterans' benefits. The
tests shall be performed by a qualified expert appointed by the court.
    Subd. 2. Additional testing. Unless otherwise agreed by the parties, a party wanting
additional testing must first contest the original tests in subdivision 1, paragraph (b), and must
pay in advance for the additional testing. The additional testing must be performed by another
qualified expert.
    Subd. 3. Experts qualifications. In all cases, the court shall determine the number and
qualifications of the experts.
    Subd. 4.[Repealed, 1985 c 131 s 15]
    Subd. 5. Positive test results. (a) If the results of blood or genetic tests completed in a
laboratory accredited by the American Association of Blood Banks indicate that the likelihood of
the alleged father's paternity, calculated with a prior probability of no more than 0.5 (50 percent),
is 92 percent or greater, upon motion the court shall order the alleged father to pay temporary
child support determined according to chapter 518A. The alleged father shall pay the support
money to the public authority if the public authority is a party and is providing services to the
parties or, if not, into court pursuant to the Rules of Civil Procedure to await the results of the
paternity proceedings.
    (b) If the results of blood or genetic tests completed in a laboratory accredited by the
American Association of Blood Banks indicate that likelihood of the alleged father's paternity,
calculated with a prior probability of no more than 0.5 (50 percent), is 99 percent or greater,
there is an evidentiary presumption that the alleged father is the biological father and the party
opposing the establishment of the alleged father's paternity has the burden of proving by clear and
convincing evidence that the alleged father is not the father of the child.
    (c) A determination under this subdivision that the alleged father is the biological father does
not preclude the adjudication of another man as the legal father under section 257.55, subdivision
2, nor does it allow the donor of genetic material for assisted reproduction for the benefit of a
recipient parent, whether sperm or ovum (egg), to claim to be the child's biological or legal parent.
    Subd. 6. Tests, evidence admissible. In any hearing brought under subdivision 5, a certified
report of the facts and results of a laboratory analysis or examination of blood or genetic tests,
that is performed in a laboratory accredited to meet the Standards for Parentage Testing of
the American Association of Blood Banks and is prepared and attested by a qualified expert
appointed by the court, shall be admissible in evidence without proof of the seal, signature, or
official character of the person whose name is signed to it. If no objection is made, the blood or
genetic test results are admissible as evidence without the need for foundation testimony or other
proof of authenticity or accuracy.
History: 1980 c 589 s 12; 1983 c 308 s 8,9; 1987 c 403 art 3 s 48; 1989 c 282 art 2 s
163; 1995 c 207 art 10 s 9-11; 1997 c 203 art 6 s 21,22; 1999 c 245 art 7 s 4; 2005 c 164 s 29;
1Sp2005 c 7 s 28; 2006 c 280 s 4

257.63 EVIDENCE RELATING TO PATERNITY.
    Subdivision 1. Included evidence. Evidence relating to paternity may include:
(a) Evidence of sexual intercourse between the mother and alleged father at any possible
time of conception;
(b) An expert's opinion concerning the statistical probability of the alleged father's paternity
based upon the duration of the mother's pregnancy;
(c) Genetic and blood test results, weighed in accordance with evidence, if available, of the
statistical probability of the alleged father's paternity;
(d) Medical or anthropological evidence relating to the alleged father's paternity of the
child based on tests performed by experts. If a man has been identified as a possible father of
the child, the court may, and upon request of a party shall, require the child, the mother, and
the man to submit to appropriate tests; and
(e) All other evidence relevant to the issue of paternity of the child.
    Subd. 2. Compelled testimony. Upon refusal of a witness, including a party, to testify under
oath or produce evidence, the court may order the party to testify under oath and produce evidence
concerning all relevant facts. No testimony or other information compelled under the order, or
any information directly or indirectly derived from such testimony or other information, may be
used against the witness in any criminal case, except for perjury committed in the testimony. The
refusal of a witness, who has been granted immunity, to obey an order to testify or produce
evidence is subject to the sanctions within the jurisdiction of the court.
    Subd. 3. Medical privilege. Testimony of a physician concerning the medical circumstances
of the pregnancy itself and the condition and characteristics of the child upon birth is not
privileged.
History: 1980 c 589 s 13; 1986 c 444; 1987 c 403 art 3 s 49

257.64 PRETRIAL ORDERS AND RECOMMENDATIONS.
    Subdivision 1. Permissible orders and recommendations. On the basis of the information
produced at the pretrial hearing, including information as to the financial status of the parties,
the court may:
(a) recommend that the alleged father voluntarily acknowledge his paternity of the child if
the parties have agreed on a financial settlement; or
(b) recommend that the matter be compromised by an agreement among the alleged father,
the mother, and the child, in which the father and child relationship is not determined but in
which a defined economic obligation is undertaken by the alleged father in favor of the child
and, if appropriate, in favor of the mother, subject to approval by the court. In reviewing the
obligation undertaken by the alleged father in a compromise agreement, the court shall consider
the best interest of the child, in the light of the applicable factors enumerated in section 518.17,
subdivision 3 , discounted by the improbability, as it appears to the court, of establishing the
alleged father's paternity or nonpaternity of the child in a trial of the action. In the best interest of
the child, the court may order that the alleged father's identity be kept confidential. In that case,
the court may designate a person or agency to receive from the alleged father and disburse on
behalf of the child all amounts paid by the alleged father in fulfillment of obligations imposed
on him. The child, on reaching 21 years of age or older, may petition the court to disclose the
alleged father's identity. The court shall grant the petition if after considering the interests of all
known persons involved, the court determines that disclosure of the information would be of
greater benefit than nondisclosure.
    Subd. 2. Agreement with recommendations. If the parties accept a recommendation
made in accordance with subdivision 1, judgment shall be entered accordingly. The court shall
advise all parties that pretrial recommendations are not binding and will have no effect if the
recommendation is disregarded and the matter is set for trial.
    Subd. 3. Refusal to agree with recommendations. If a party refuses to accept a
recommendation made under subdivision 1 and blood or genetic tests have not been taken, the
court shall require the parties to submit to blood or genetic tests. If a party refuses to accept the
final recommendation the action shall be set for trial.
    Subd. 4. Guardian ad litem. The guardian ad litem may accept or refuse to accept a
recommendation under this section.
    Subd. 5. Setting action for trial. The informal hearing may be terminated and the action
set for trial if the court finds it unlikely that all parties would accept a recommendation made
under subdivisions 1 or 3.
History: 1980 c 589 s 14; 1Sp1981 c 4 art 2 s 26; 1983 c 308 s 10; 1986 c 444; 1995 c
207 art 10 s 12; 1998 c 382 art 1 s 2

257.65 CIVIL ACTION.
An action under sections 257.51 to 257.74 is a civil action governed by the Rules of Civil
Procedure. The mother of the child and the alleged father are competent to testify and may be
compelled to testify. Sections 257.62 and 257.63 apply to proceedings under this section.
History: 1980 c 589 s 15

257.651 DEFAULT ORDER OF PARENTAGE.
In an action to determine the existence of the father and child relationship under sections
257.51 to 257.74, if the alleged father fails to appear at a hearing after service duly made and
proved, the court shall enter a default judgment or order of paternity.
History: 1995 c 257 art 4 s 7

257.66 JUDGMENT OR ORDER.
    Subdivision 1. Determinative. The judgment or order of the court determining the existence
or nonexistence of the parent and child relationship is determinative for all purposes.
    Subd. 2. New birth record. If the judgment or order of the court is at variance with the
child's birth record, the court shall order that a new birth record be issued under section 257.73.
    Subd. 3. Judgment; order. The judgment or order shall contain provisions concerning the
duty of support, the custody of the child, the name of the child, the Social Security number of
the mother, father, and child, if known at the time of adjudication, parenting time with the child,
the furnishing of bond or other security for the payment of the judgment, or any other matter in
the best interest of the child. Custody and parenting time and all subsequent motions related
to them shall proceed and be determined under section 257.541. The remaining matters and
all subsequent motions related to them shall proceed and be determined in accordance with
chapters 518 and 518A. The judgment or order may direct the appropriate party to pay all or a
proportion of the reasonable expenses of the mother's pregnancy and confinement, including the
mother's lost wages due to medical necessity, after consideration of the relevant facts, including
the relative financial means of the parents; the earning ability of each parent; and any health
insurance policies held by either parent, or by a spouse or parent of the parent, which would
provide benefits for the expenses incurred by the mother during her pregnancy and confinement.
Pregnancy and confinement expenses and genetic testing costs, submitted by the public authority,
are admissible as evidence without third-party foundation testimony and constitute prima facie
evidence of the amounts incurred for those services or for the genetic testing. Remedies available
for the collection and enforcement of child support apply to confinement costs and are considered
additional child support.
    Subd. 4. Statute of limitations. Support judgments or orders ordinarily shall be for periodic
payments which may vary in amount. In the best interest of the child, a lump sum payment may
be ordered in lieu of periodic payments of support. The court shall limit the parent's liability for
past support of the child to the proportion of the expenses that the court deems just, which were
incurred in the two years immediately preceding the commencement of the action. In determining
the amount of the parent's liability for past support, the court may deviate downward from the
guidelines if:
(1) the child for whom child support is sought is more than five years old and the obligor
discovered or was informed of the existence of the parent and child relationship within one year
of commencement of the action seeking child support;
(2) the obligor is a custodian for or pays support for other children; and
(3) the obligor's family income is less than 175 percent of the federal poverty level.
    Subd. 5. Entry of judgment. Any order for support or maintenance issued under this section
shall provide for a conspicuous notice that, if the obligor fails to make a support payment, the
payment owed becomes a judgment by operation of law on and after the date the payment is due
and the obligee or a public agency responsible for support enforcement may obtain entry and
docketing of the judgment for the unpaid amounts under the provisions of section 548.091.
    Subd. 6. Required information. Upon entry of judgment or order, each parent who is a
party in a paternity proceeding shall:
(1) file with the public authority responsible for child support enforcement the party's Social
Security number, residential and mailing address, telephone number, driver's license number, and
name, address, and telephone number of any employer if the party is receiving services from the
public authority or begins receiving services from the public authority;
(2) file the information in clause (1) with the district court; and
(3) notify the court and, if applicable, the public authority responsible for child support
enforcement of any change in the information required under this section within ten days of
the change.
History: 1980 c 589 s 16; 1983 c 308 s 11,12; 1984 c 547 s 3; 1988 c 593 s 5; 1993 c 340 s
15; 1995 c 257 art 1 s 18; 1997 c 203 art 6 s 23,24; 1999 c 245 art 7 s 5; 2000 c 444 art 2 s 7;
1Sp2001 c 9 art 15 s 32; 2005 c 164 s 29; 1Sp2005 c 7 s 28

257.67 ENFORCEMENT OF JUDGMENT OR ORDER.
    Subdivision 1. Who may enforce; determinations from other states. If existence
of the parent and child relationship is declared, or parentage or a duty of support has been
acknowledged or adjudicated under sections 257.51 to 257.74 or under prior law, the obligation
of the noncustodial parent may be enforced in the same or other proceedings by the custodial
parent, the child, the public authority that has furnished or may furnish the reasonable expenses of
pregnancy, confinement, education, support, or funeral, or by any other person, including a private
agency, to the extent that person has furnished or is furnishing these expenses. Full faith and credit
shall be given to a determination of paternity made by another state, whether established through
voluntary acknowledgment or through administrative or judicial processes.
    Subd. 2. Payees. The court may order support payments to be made to the custodial parent,
the court administrator, or a person, corporation, or agency designated to administer them for the
benefit of the child under the supervision of the court.
    Subd. 3. Contempt of court. Willful failure to obey the judgment or order of the court is
a contempt of the court. All remedies for the enforcement of judgments apply including those
available under chapters 518 and 518C.
History: 1980 c 589 s 17; 1985 c 248 s 41; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1987 c 384
art 2 s 1; 1993 c 340 s 16; 1994 c 465 art 1 s 32; 1995 c 257 art 4 s 8

257.68 MODIFICATION OF JUDGMENT OR ORDER.
A court entering a judgment or order for the payment of a lump sum under section 257.66,
subdivision 4 , may specify that the judgment or order may not be modified or revoked.
History: 1980 c 589 s 18

257.69 RIGHT TO COUNSEL; COSTS; FREE TRANSCRIPT ON APPEAL.
    Subdivision 1. Representation by counsel. In all proceedings under sections 257.51 to
257.74, any party may be represented by counsel. The county attorney shall represent the public
authority. The court shall appoint counsel for a party who is unable to pay timely for counsel in
proceedings under sections 257.51 to 257.74.
    Subd. 2. Guardian; legal fees. (a) The court may order expert witness and guardian ad litem
fees and other costs of the trial and pretrial proceedings, including appropriate tests, to be paid by
the parties in proportions and at times determined by the court. The court shall require a party
to pay part of the fees of court-appointed counsel according to the party's ability to pay, but if
counsel has been appointed the appropriate agency shall pay the party's proportion of all other
fees and costs. The agency responsible for child support enforcement shall pay the fees and
costs for blood or genetic tests in a proceeding in which it is a party, is the real party in interest,
or is acting on behalf of the child. However, at the close of a proceeding in which paternity has
been established under sections 257.51 to 257.74, the court shall order the adjudicated father to
reimburse the public agency, if the court finds he has sufficient resources to pay the costs of the
blood or genetic tests. When a party bringing an action is represented by the county attorney, no
filing fee shall be paid to the court administrator.
(b) In each fiscal year, the commissioner of finance shall deposit guardian ad litem
reimbursements in the general fund and credit them to a separate account with the trial courts.
The balance of this account is appropriated to the trial courts and does not cancel but is available
until expended. Expenditures by the state court administrator's office from this account must
be based on the amount of the guardian ad litem reimbursements received by the state from
the courts in each judicial district.
    Subd. 3. Inability to pay for transcript. If a party is financially unable to pay the cost of a
transcript, the court shall furnish on request a transcript for purposes of appeal.
History: 1980 c 589 s 19; 1983 c 308 s 13; 1Sp1986 c 3 art 1 s 82; 1995 c 207 art 10 s
13,14; 1999 c 216 art 7 s 21; 2003 c 112 art 2 s 50

257.70 HEARINGS AND RECORDS; CONFIDENTIALITY.
(a) Notwithstanding any other law concerning public hearings and records, any hearing or
trial held under sections 257.51 to 257.74 shall be held in closed court without admittance of any
person other than those necessary to the action or proceeding. All papers and records, other than
the final judgment, pertaining to the action or proceeding, whether part of the permanent record
of the court or of a file in the state Department of Human Services or elsewhere, are subject to
inspection only upon consent of the court and all interested persons, or in exceptional cases only
upon an order of the court for good cause shown.
(b) In all actions under this chapter in which public assistance is assigned under
section 256.741 or the public authority provides services to a party or parties to the action,
notwithstanding statutory or other authorization for the public authority to release private data on
the location of a party to the action, information on the location of one party may not be released
by the public authority to the other party if:
(1) the public authority has knowledge that a protective order with respect to the other
party has been entered; or
(2) the public authority has reason to believe that the release of the information may result in
physical or emotional harm to the other party.
History: 1980 c 589 s 20; 1984 c 654 art 5 s 58; 1997 c 203 art 6 s 25

257.71 ACTION TO DECLARE MOTHER AND CHILD RELATIONSHIP.
A child, the father or personal representative of the child, the public authority chargeable by
law with the support of the child, the personal representative or a parent of the father if the father
has died, a woman alleged or alleging herself to be the mother, or the personal representative or a
parent of the alleged mother if the alleged mother has died or is a minor may bring an action to
determine the existence or nonexistence of a mother and child relationship. Insofar as practicable,
the provisions of sections 257.51 to 257.74 applicable to the father and child relationship apply.
History: 1980 c 589 s 21

257.72 PROMISE TO RENDER SUPPORT.
    Subdivision 1. No consideration required. A person's signed promise to furnish support
for a child, growing out of a supposed or alleged parent and child relationship, does not require
consideration and is enforceable according to its terms, subject to section 257.57, subdivision 4.
    Subd. 2. Confidentiality. In the best interest of the child or the custodial parent, the court
may, and if a provision of the writing so requires shall, order the promise to be kept in confidence
and designate a person or agency to receive and disburse on behalf of the child all amounts
paid in performance of the promise.
History: 1980 c 589 s 22

257.73 BIRTH RECORDS.
    Subdivision 1. Replacement birth record. Upon compliance with the provisions of section
257.55, subdivision 1, paragraph (e), 257.75, or upon order of a court of this state or upon request
of a court of another state, the state or local registrar of vital statistics shall prepare a replacement
record of birth consistent with the acknowledgment or the findings of the court and shall substitute
the replacement certificate for the original record of birth.
    Subd. 2. Information contained. The fact that the father and child relationship was declared
after the child's birth shall not be ascertainable from the replacement certificate but the actual
place and date of birth shall be shown.
    Subd. 3. Confidentiality. The evidence upon which the replacement record was made and
the original birth record shall be kept in a sealed and confidential file and be subject to inspection
only upon consent of the court and all interested persons, or in exceptional cases only upon
an order of the court for good cause shown.
History: 1980 c 589 s 23; 1Sp1993 c 1 art 6 s 38; 1997 c 205 s 31; 1Sp2001 c 9 art 15 s 32

257.74 ADOPTION; TERMINATION PROCEEDINGS.
    Subdivision 1. Notification of father. If a mother relinquishes or proposes to relinquish for
adoption a child who has
(a) a presumed father under section 257.55, subdivision 1,
(b) a father whose relationship to the child has been determined by a court or established
under section 257.75, or
(c) a father as to whom the child is a legitimate child under prior law of this state or under
the law of another jurisdiction, the father shall be given notice of the adoption proceeding as
provided in section 259.49.
    Subd. 2. No father. If a mother relinquishes or proposes to relinquish for adoption a child
who does not have
(a) a presumed father under section 257.55, subdivision 1,
(b) a father whose relationship to the child has been determined by a court, or
(c) a father as to whom the child is a legitimate child under prior law of this state or under
the law of another jurisdiction, notice of the adoption proceeding shall be given as required by
section 259.49.
History: 1980 c 589 s 24; 1Sp1993 c 1 art 6 s 39; 1994 c 631 s 31; 1999 c 86 art 1 s 61

257.75 RECOGNITION OF PARENTAGE.
    Subdivision 1. Recognition by parents. The mother and father of a child born to a mother
who was not married to the child's father nor to any other man when the child was conceived
nor when the child was born may, in a writing signed by both of them before a notary public
and filed with the state registrar of vital statistics, state and acknowledge under oath that they
are the biological parents of the child and wish to be recognized as the biological parents.
The recognition must be in the form prepared by the commissioner of human services under
subdivision 5, except that it may also include the joinder in recognition provisions under
subdivision 1a. The requirement that the mother not be married when the child was conceived
nor when the child was born does not apply if her husband or former husband joins in the
recognition under subdivision 1a.
    Subd. 1a. Joinder in recognition by husband. A man who is a presumed father under
section 257.55, subdivision 1, paragraph (a), may join in a recognition of parentage that recognizes
that another man is the child's biological father. The man who is the presumed father under section
257.55, subdivision 1, paragraph (a), must sign an acknowledgment under oath before a notary
public that he is renouncing the presumption under section 257.55, subdivision 1, paragraph
(a), and recognizing that the father who is executing the recognition under subdivision 1 is the
biological father of the child. A joinder in a recognition under this subdivision must be executed
within one year after the child's birth and the joinder must be filed with the state registrar of vital
statistics. The joinder must be on a form prepared by the commissioner of human services. Failure
to properly execute a joinder in a recognition does not affect the validity of the recognition under
subdivision 1. A joinder without a corresponding recognition of parentage has no legal effect.
    Subd. 2. Revocation of recognition. A recognition may be revoked in a writing signed by
the mother or father before a notary public and filed with the state registrar of vital statistics
within the earlier of 60 days after the recognition is executed or the date of an administrative or
judicial hearing relating to the child in which the revoking party is a party to the related action. A
joinder in a recognition may be revoked in a writing signed by the man who executed the joinder
and filed with the state registrar of vital statistics within 60 days after the joinder is executed.
Upon receipt of a revocation of the recognition of parentage or joinder in a recognition, the state
registrar of vital statistics shall forward a copy of the revocation to the nonrevoking parent, or, in
the case of a joinder in a recognition, to the mother and father who executed the recognition.
    Subd. 3. Effect of recognition. Subject to subdivision 2 and section 257.55, subdivision 1,
paragraph (g) or (h), the recognition has the force and effect of a judgment or order determining
the existence of the parent and child relationship under section 257.66. If the conditions in section
257.55, subdivision 1, paragraph (g) or (h), exist, the recognition creates only a presumption
of paternity for purposes of sections 257.51 to 257.74. Once a recognition has been properly
executed and filed with the state registrar of vital statistics, if there are no competing presumptions
of paternity, a judicial or administrative court may not allow further action to determine parentage
regarding the signator of the recognition. An action to determine custody and parenting time may
be commenced pursuant to chapter 518 without an adjudication of parentage. Until an order is
entered granting custody to another, the mother has sole custody. The recognition is:
(1) a basis for bringing an action to award custody or parenting time to either parent,
establishing a child support obligation which may include up to the two years immediately
preceding the commencement of the action, ordering a contribution by a parent under section
256.87, or ordering a contribution to the reasonable expenses of the mother's pregnancy and
confinement, as provided under section 257.66, subdivision 3, or ordering reimbursement for the
costs of blood or genetic testing, as provided under section 257.69, subdivision 2;
(2) determinative for all other purposes related to the existence of the parent and child
relationship; and
(3) entitled to full faith and credit in other jurisdictions.
    Subd. 4. Action to vacate recognition. (a) An action to vacate a recognition of paternity
may be brought by the mother, father, husband or former husband who executed a joinder, or the
child. An action to vacate a recognition of parentage may be brought by the public authority. A
mother, father, or husband or former husband who executed a joinder must bring the action within
one year of the execution of the recognition or within six months after the person bringing the
action obtains the results of blood or genetic tests that indicate that the man who executed the
recognition is not the father of the child. A child must bring an action to vacate within six months
after the child obtains the result of blood or genetic tests that indicate that the man who executed
the recognition is not the father of the child, or within one year of reaching the age of majority,
whichever is later. If the court finds a prima facie basis for vacating the recognition, the court shall
order the child, mother, father, and husband or former husband who executed a joinder to submit
to blood tests. If the court issues an order for the taking of blood tests, the court shall require the
party seeking to vacate the recognition to make advance payment for the costs of the blood tests.
If the party fails to pay for the costs of the blood tests, the court shall dismiss the action to vacate
with prejudice. The court may also order the party seeking to vacate the recognition to pay the
other party's reasonable attorney fees, costs, and disbursements. If the results of the blood tests
establish that the man who executed the recognition is not the father, the court shall vacate the
recognition. If a recognition is vacated, any joinder in the recognition under subdivision 1a is also
vacated. The court shall terminate the obligation of a party to pay ongoing child support based on
the recognition. A modification of child support based on a recognition may be made retroactive
with respect to any period during which the moving party has pending a motion to vacate the
recognition but only from the date of service of notice of the motion on the responding party.
(b) The burden of proof in an action to vacate the recognition is on the moving party. The
moving party must request the vacation on the basis of fraud, duress, or material mistake of fact.
The legal responsibilities in existence at the time of an action to vacate, including child support
obligations, may not be suspended during the proceeding, except for good cause shown.
    Subd. 5. Recognition form. The commissioner of human services shall prepare a form for
the recognition of parentage under this section. In preparing the form, the commissioner shall
consult with the individuals specified in subdivision 6. The recognition form must be drafted so
that the force and effect of the recognition, the alternatives to executing a recognition, and the
benefits and responsibilities of establishing paternity are clear and understandable. The form
must include a notice regarding the finality of a recognition and the revocation procedure under
subdivision 2. The form must include a provision for each parent to verify that the parent has read
or viewed the educational materials prepared by the commissioner of human services describing
the recognition of paternity. The individual providing the form to the parents for execution shall
provide oral notice of the rights, responsibilities, and alternatives to executing the recognition.
Notice may be provided by audiotape, videotape, or similar means. Each parent must receive
a copy of the recognition.
    Subd. 6. Paternity educational materials. The commissioner of human services shall
prepare educational materials for new and prospective parents that describe the benefits and
effects of establishing paternity. The materials must include a description and comparison of
the procedures for establishment of paternity through a recognition of parentage under this
section and an adjudication of paternity under sections 257.51 to 257.74. The commissioner shall
consider the use of innovative audio or visual approaches to the presentation of the materials to
facilitate understanding and presentation. In preparing the materials, the commissioner shall
consult with child advocates and support workers, battered women's advocates and advocates for
domestic abuse victims, social service providers, educators, attorneys, hospital representatives,
and people who work with parents in making decisions related to paternity. The commissioner
shall consult with representatives of communities of color. On and after January 1, 1994, the
commissioner shall make the materials available without cost to hospitals, requesting agencies,
and other persons for distribution to new parents.
    Subd. 7. Hospital and Department of Health distribution of educational materials;
recognition form. Hospitals that provide obstetric services and the state registrar of vital statistics
shall distribute the educational materials and recognition of parentage forms prepared by the
commissioner of human services to new parents and shall assist parents in understanding the
recognition of parentage form, including following the provisions for notice under subdivision 5.
On and after January 1, 1994, hospitals may not distribute the declaration of parentage forms.
    Subd. 8. Notice. If the state registrar of vital statistics receives more than one recognition
of parentage for the same child, the registrar shall notify both signatories on each recognition
that the recognition is no longer final and that each man has only a presumption of paternity
under section 257.55, subdivision 1.
    Subd. 9. Execution by a minor parent. A recognition of parentage executed and filed in
accordance with this section by a minor parent creates a presumption of paternity for the purposes
of sections 257.51 to 257.74.
History: 1Sp1993 c 1 art 6 s 40; 1995 c 216 s 3-6; 1995 c 257 art 4 s 9,10; 1997 c 203 art
6 s 26-30; 1997 c 245 art 1 s 11; art 3 s 8; 1999 c 245 art 7 s 6; 2000 c 444 art 2 s 8; 2000
c 445 art 2 s 7

257.80 [Renumbered 119A.10]

257.801 [Renumbered 119A.11]

257.802 [Renumbered 119A.12]

257.803 [Renumbered 119A.13]

257.804 [Renumbered 119A.14]

    Subdivision 1.[Renumbered 119A.15, subdivision 1]
    Subd. 2.[Renumbered 119A.15, subd 2]
    Subd. 3.[Renumbered 119A.15, subd 3]
    Subd. 4.[Renumbered 119A.15, subd 4]
    Subd. 5.[Renumbered 119A.15, subd 5]
    Subd. 6.[Repealed, 1Sp1987 c 4 art 2 s 9]
    Subd. 7.[Renumbered 119A.15, subd 6]
    Subd. 8.[Renumbered 119A.15, subd 7]

257.806 [Renumbered 119A.16]

257.807 [Renumbered 119A.17]

257.81 [Repealed, 1Sp2003 c 14 art 11 s 12]

257.85 RELATIVE CUSTODY ASSISTANCE.
    Subdivision 1. Citation. This section may be cited as the "Relative Custody Assistance Act."
    Subd. 2. Scope. The provisions of this section apply to those situations in which the legal
and physical custody of a child is established with a relative or important friend with whom the
child has resided or had significant contact according to section 260C.201, subdivision 11, by
a district court order issued on or after July 1, 1997, or a tribal court order issued on or after
July 1, 2005, when the child has been removed from the care of the parent by previous district
or tribal court order.
    Subd. 3. Definitions. For purposes of this section, the terms defined in this subdivision have
the meanings given them.
(a) "MFIP standard" means the transitional standard used to calculate assistance under the
MFIP program, or, if permanent legal and physical custody of the child is given to a relative
custodian residing outside of Minnesota, the analogous transitional standard or standard of need
used to calculate assistance under the TANF program of the state where the relative custodian
lives.
(b) "Local agency" means the county social services agency or tribal social services agency
with legal custody of a child prior to the transfer of permanent legal and physical custody.
(c) "Permanent legal and physical custody" means permanent legal and physical custody
ordered by a Minnesota Juvenile Court under section 260C.201, subdivision 11.
(d) "Relative" has the meaning given in section 260C.007, subdivision 27.
(e) "Relative custodian" means a person who has permanent legal and physical custody of a
child. When siblings, including half-siblings and stepsiblings, are placed together in permanent
legal and physical custody, the person receiving permanent legal and physical custody of the
siblings is considered a relative custodian of all of the siblings for purposes of this section.
(f) "Relative custody assistance agreement" means an agreement entered into between
a local agency and a person who has been or will be awarded permanent legal and physical
custody of a child.
(g) "Relative custody assistance payment" means a monthly cash grant made to a relative
custodian pursuant to a relative custody assistance agreement and in an amount calculated under
subdivision 7.
(h) "Remains in the physical custody of the relative custodian" means that the relative
custodian is providing day-to-day care for the child and that the child lives with the relative
custodian; absence from the relative custodian's home for a period of more than 120 days raises a
presumption that the child no longer remains in the physical custody of the relative custodian.
    Subd. 4. Duties of local agency. (a) When a local agency seeks a court order under section
260C.201, subdivision 11, to establish permanent legal and physical custody of a child with a
relative or important friend with whom the child has resided or had significant contact, or if such
an order is issued by the court, the local agency shall perform the duties in this subdivision.
(b) As soon as possible after the local agency determines that it will seek to establish
permanent legal and physical custody of the child or, if the agency did not seek to establish
custody, as soon as possible after the issuance of the court order establishing custody, the local
agency shall inform the relative custodian about the relative custody assistance program, including
eligibility criteria and payment levels. Anytime prior to, but not later than seven days after, the date
the court issues the order establishing permanent legal and physical custody of the child, the local
agency shall determine whether the eligibility criteria in subdivision 6 are met to allow the relative
custodian to receive relative custody assistance. Not later than seven days after determining
whether the eligibility criteria are met, the local agency shall inform the relative custodian of its
determination and of the process for appealing that determination under subdivision 9.
(c) If the local agency determines that the relative custodian is eligible to receive relative
custody assistance, the local agency shall prepare the relative custody assistance agreement and
ensure that it meets the criteria of subdivision 6.
(d) The local agency shall make monthly payments to the relative custodian as set forth in
the relative custody assistance agreement. On a quarterly basis and on a form to be provided by
the commissioner, the local agency shall make claims for reimbursement from the commissioner
for relative custody assistance payments made.
(e) For a relative custody assistance agreement that is in place for longer than one year, and
as long as the agreement remains in effect, the local agency shall send an annual affidavit form
to the relative custodian of the eligible child within the month before the anniversary date of
the agreement. The local agency shall monitor whether the annual affidavit is returned by the
relative custodian within 30 days following the anniversary date of the agreement. The local
agency shall review the affidavit and any other information in its possession to ensure continuing
eligibility for relative custody assistance and that the amount of payment made according to the
agreement is correct.
(f) When the local agency determines that a relative custody assistance agreement should
be terminated or modified, it shall provide notice of the proposed termination or modification to
the relative custodian at least ten days before the proposed action along with information about
the process for appealing the proposed action.
    Subd. 5. Relative custody assistance agreement. (a) A relative custody assistance
agreement will not be effective, unless it is signed by the local agency and the relative custodian
no later than 30 days after the date of the order establishing permanent legal and physical custody,
except that a local agency may enter into a relative custody assistance agreement with a relative
custodian more than 30 days after the date of the order if it certifies that the delay in entering the
agreement was through no fault of the relative custodian. There must be a separate agreement for
each child for whom the relative custodian is receiving relative custody assistance.
(b) Regardless of when the relative custody assistance agreement is signed by the local
agency and relative custodian, the effective date of the agreement shall be the date of the order
establishing permanent legal and physical custody.
(c) If MFIP is not the applicable program for a child at the time that a relative custody
assistance agreement is entered on behalf of the child, when MFIP becomes the applicable
program, if the relative custodian had been receiving custody assistance payments calculated
based upon a different program, the amount of relative custody assistance payment under
subdivision 7 shall be recalculated under the Minnesota family investment program.
(d) The relative custody assistance agreement shall be in a form specified by the
commissioner and shall include provisions relating to the following:
(1) the responsibilities of all parties to the agreement;
(2) the payment terms, including the financial circumstances of the relative custodian, the
needs of the child, the amount and calculation of the relative custody assistance payments, and
that the amount of the payments shall be reevaluated annually;
(3) the effective date of the agreement, which shall also be the anniversary date for the
purpose of submitting the annual affidavit under subdivision 8;
(4) that failure to submit the affidavit as required by subdivision 8 will be grounds for
terminating the agreement;
(5) the agreement's expected duration, which shall not extend beyond the child's eighteenth
birthday;
(6) any specific known circumstances that could cause the agreement or payments to be
modified, reduced, or terminated and the relative custodian's appeal rights under subdivision 9;
(7) that the relative custodian must notify the local agency within 30 days of any of the
following:
(i) a change in the child's status;
(ii) a change in the relationship between the relative custodian and the child;
(iii) a change in composition or level of income of the relative custodian's family;
(iv) a change in eligibility or receipt of benefits under MFIP, or other assistance program; and
(v) any other change that could affect eligibility for or amount of relative custody assistance;
(8) that failure to provide notice of a change as required by clause (7) will be grounds for
terminating the agreement;
(9) that the amount of relative custody assistance is subject to the availability of state funds
to reimburse the local agency making the payments;
(10) that the relative custodian may choose to temporarily stop receiving payments under
the agreement at any time by providing 30 days' notice to the local agency and may choose to
begin receiving payments again by providing the same notice but any payments the relative
custodian chooses not to receive are forfeit; and
(11) that the local agency will continue to be responsible for making relative custody
assistance payments under the agreement regardless of the relative custodian's place of residence.
    Subd. 6. Eligibility criteria. A local agency shall enter into a relative custody assistance
agreement under subdivision 5 if it certifies that the following criteria are met:
(1) the juvenile court has determined or is expected to determine that the child, under the
former or current custody of the local agency, cannot return to the home of the child's parents;
(2) the court, upon determining that it is in the child's best interests, has issued or is expected
to issue an order transferring permanent legal and physical custody of the child; and
(3) the child either:
(i) is a member of a sibling group to be placed together; or
(ii) has a physical, mental, emotional, or behavioral disability that will require financial
support.
When the local agency bases its certification that the criteria in clause (1) or (2) are met upon
the expectation that the juvenile court will take a certain action, the relative custody assistance
agreement does not become effective until and unless the court acts as expected.
    Subd. 7. Amount of relative custody assistance payments. (a) The amount of a monthly
relative custody assistance payment shall be determined according to the provisions of this
paragraph.
(1) The total maximum assistance rate is equal to the base assistance rate plus, if applicable,
the supplemental assistance rate.
(i) The base assistance rate is equal to the maximum amount that could be received as basic
maintenance for a child of the same age under the adoption assistance program.
(ii) The local agency shall determine whether the child has physical, mental, emotional,
or behavioral disabilities that require care, supervision, or structure beyond that ordinarily
provided in a family setting to children of the same age such that the child would be eligible
for supplemental maintenance payments under the adoption assistance program if an adoption
assistance agreement were entered on the child's behalf. If the local agency determines that the
child has such a disability, the supplemental assistance rate shall be the maximum amount of
monthly supplemental maintenance payment that could be received on behalf of a child of the
same age, disabilities, and circumstances under the adoption assistance program.
(2) The net maximum assistance rate is equal to the total maximum assistance rate from
clause (1) less the following offsets:
(i) if the child is or will be part of an assistance unit receiving an MFIP grant or a grant
from a similar program of another state, the portion of the MFIP standard relating to the child
as calculated under paragraph (b), clause (2);
(ii) Supplemental Security Income payments received by or on behalf of the child;
(iii) veteran's benefits received by or on behalf of the child; and
(iv) any other income of the child, including child support payments made on behalf of
the child.
(3) The relative custody assistance payment to be made to the relative custodian shall be
a percentage of the net maximum assistance rate calculated in clause (2) based upon the gross
income of the relative custodian's family, including the child for whom the relative custodian
has permanent legal and physical custody. In no case shall the amount of the relative custody
assistance payment exceed that which the child could qualify for under the adoption assistance
program if an adoption assistance agreement were entered on the child's behalf. The relative
custody assistance payment shall be calculated as follows:
(i) if the relative custodian's gross family income is less than or equal to 200 percent of
federal poverty guidelines, the relative custody assistance payment shall be the full amount of
the net maximum assistance rate;
(ii) if the relative custodian's gross family income is greater than 200 percent and less than or
equal to 225 percent of federal poverty guidelines, the relative custody assistance payment shall
be 80 percent of the net maximum assistance rate;
(iii) if the relative custodian's gross family income is greater than 225 percent and less than
or equal to 250 percent of federal poverty guidelines, the relative custody assistance payment
shall be 60 percent of the net maximum assistance rate;
(iv) if the relative custodian's gross family income is greater than 250 percent and less than
or equal to 275 percent of federal poverty guidelines, the relative custody assistance payment
shall be 40 percent of the net maximum assistance rate;
(v) if the relative custodian's gross family income is greater than 275 percent and less than or
equal to 300 percent of federal poverty guidelines, the relative custody assistance payment shall
be 20 percent of the net maximum assistance rate; or
(vi) if the relative custodian's gross family income is greater than 300 percent of federal
poverty guidelines, no relative custody assistance payment shall be made.
(b) The following provisions cover the relationship between relative custody assistance and
assistance programs:
(1) The relative custodian of a child for whom the relative custodian is receiving relative
custody assistance is expected to seek whatever assistance is available for the child through MFIP
or, if the relative custodian resides in a state other than Minnesota, similar programs of that state.
If a relative custodian fails to apply for assistance through MFIP or other program for which the
child is eligible, the child's portion of the MFIP standard will be calculated as if application had
been made and assistance received.
(2) The portion of the MFIP standard relating to each child for whom relative custody
assistance is being received shall be calculated as follows:
(i) determine the total MFIP standard for the assistance unit;
(ii) determine the amount that the MFIP standard would have been if the assistance unit had
not included the children for whom relative custody assistance is being received;
(iii) subtract the amount determined in item (ii) from the amount determined in item (i); and
(iv) divide the result in item (iii) by the number of children for whom relative custody
assistance is being received that are part of the assistance unit.
(3) If a child for whom relative custody assistance is being received is not eligible for
assistance through MFIP or similar programs of another state, the portion of MFIP standard
relating to that child shall be equal to zero.
    Subd. 8. Annual affidavit. When a relative custody assistance agreement remains in effect
for more than one year, the local agency shall require the relative custodian to annually submit
an affidavit in a form to be specified by the commissioner. The affidavit must be submitted to
the local agency each year no later than 30 days after the relative custody assistance agreement's
anniversary date. The affidavit shall document the following:
(1) that the child remains in the physical custody of the relative custodian;
(2) that there is a continuing need for the relative custody assistance payments due to the
child's physical, mental, emotional, or behavioral needs; and
(3) the current gross income of the relative custodian's family.
The relative custody assistance agreement may be modified based on information or
documentation presented to the local agency under this requirement and as required by annual
adjustments to the federal poverty guidelines.
    Subd. 9. Right of appeal. A relative custodian who enters or seeks to enter into a relative
custody assistance agreement with a local agency has the right to appeal to the commissioner
according to section 256.045 when the local agency establishes, denies, terminates, or modifies
the agreement. Upon appeal, the commissioner may review only:
(1) whether the local agency has met the legal requirements imposed by this chapter for
establishing, denying, terminating, or modifying the agreement;
(2) whether the amount of the relative custody assistance payment was correctly calculated
under the method in subdivision 7;
(3) whether the local agency paid for correct time periods under the relative custody
assistance agreement;
(4) whether the child remains in the physical custody of the relative custodian;
(5) whether the local agency correctly modified the amount of the supplemental assistance
rate based on a change in the child's physical, mental, emotional, or behavioral needs, or based on
the relative custodian's failure to provide documentation, after the local agency has requested
such documentation, that the child continues to have physical, mental, emotional, or behavioral
needs that support the current amount of relative custody assistance; and
(6) whether the local agency correctly modified or terminated the amount of relative custody
assistance based on a change in the gross income of the relative custodian's family or based on
the relative custodian's failure to provide documentation of the gross income of the relative
custodian's family after the local agency has requested such documentation.
    Subd. 10. Child's county of residence. For the purposes of the Unitary Residency Act under
chapter 256G, time spent by a child in the custody of a relative custodian receiving payments
under this section is not excluded time. A child is a resident of the county where the relative
custodian is a resident.
    Subd. 11. Financial considerations. (a) Payment of relative custody assistance under a
relative custody assistance agreement is subject to the availability of state funds and payments
may be reduced or suspended on order of the commissioner if insufficient funds are available.
(b) Upon receipt from a local agency of a claim for reimbursement, the commissioner shall
reimburse the local agency in an amount equal to 100 percent of the relative custody assistance
payments provided to relative custodians. The local agency may not seek and the commissioner
shall not provide reimbursement for the administrative costs associated with performing the
duties described in subdivision 4.
(c) For the purposes of determining eligibility or payment amounts under MFIP, relative
custody assistance payments shall be excluded in determining the family's available income.
History: 1997 c 203 art 5 s 21; 1998 c 406 art 1 s 14,15,37; 1998 c 407 art 9 s 14; 1999 c
139 art 4 s 2; 1999 c 159 s 110-113; 1999 c 245 art 8 s 26-33; 2000 c 260 s 97; 2001 c 178 art 1 s
44; 1Sp2001 c 9 art 10 s 66; 2005 c 159 art 2 s 1,2