2006 Minnesota Statutes

518A.74 PUBLICATION OF NAMES OF DELINQUENT CHILD SUPPORT OBLIGORS.
    Subdivision 1. Making names public. At least once each year, the commissioner of
human services, in consultation with the attorney general, may publish a list of the names and
other identifying information of no more than 25 persons who (1) are child support obligors,
(2) are at least $10,000 in arrears, (3) are not in compliance with a written payment agreement
regarding both current support and arrearages approved by the court, a child support magistrate,
or the public authority, (4) cannot currently be located by the public authority for the purposes
of enforcing a support order, and (5) have not made a support payment except tax intercept
payments, in the preceding 12 months.
Identifying information may include the obligor's name, last known address, amount owed,
date of birth, photograph, the number of children for whom support is owed, and any additional
information about the obligor that would assist in identifying or locating the obligor. The
commissioner and attorney general may use posters, media presentations, electronic technology,
and other means that the commissioner and attorney general determine are appropriate for
dissemination of the information, including publication on the Internet. The commissioner and
attorney general may make any or all of the identifying information regarding these persons
public. Information regarding an obligor who meets the criteria in this subdivision will only be
made public subsequent to that person's selection by the commissioner and attorney general.
Before making public the name of the obligor, the Department of Human Services shall send
a notice to the obligor's last known address which states the department's intention to make public
information on the obligor. The notice must also provide an opportunity to have the obligor's
name removed from the list by paying the arrearage or by entering into an agreement to pay
the arrearage, or by providing information to the public authority that there is good cause not
to make the information public. The notice must include the final date when the payment or
agreement can be accepted.
The Department of Human Services shall obtain the written consent of the obligee to make
the name of the obligor public.
    Subd. 2. Names published in error. If the commissioner makes public a name under
subdivision 1 which is in error, the commissioner must also offer to publish a printed retraction
and a public apology acknowledging that the name was made public in error. If the person whose
name was made public in error elects the public retraction and apology, the retraction and apology
must appear in the same medium and the same format as the original notice with the name listed
in error. In addition to the right of a public retraction and apology, a person whose name was made
public in error has a civil action for damages caused by the error.
History: 1994 c 630 art 11 s 11; 1995 c 257 art 3 s 2; 1997 c 203 art 6 s 47; 1999 c 196 art 2
s 13; 1Sp2001 c 9 art 12 s 9; 2002 c 379 art 1 s 113; 2005 c 164 s 29; 1Sp2005 c 7 s 28