2003 Minnesota Statutes

     256.741 Child support and maintenance. 

    Subdivision 1.    Public assistance.  (a) The term 
 "direct support" as used in this chapter and chapters 257, 518, 
 and 518C refers to an assigned support payment from an obligor 
 which is paid directly to a recipient of TANF or MFIP. 

    (b) The term "public assistance" as used in this chapter 
 and chapters 257, 518, and 518C, includes any form of assistance 
 provided under the AFDC program formerly codified in sections 
 256.72 to 256.87, MFIP and MFIP-R formerly codified under 
 chapter 256, MFIP under chapter 256J, work first program under 
 chapter 256K; child care assistance provided through the child 
 care fund under chapter 119B; any form of medical assistance 
 under chapter 256B; MinnesotaCare under chapter 256L; and foster 
 care as provided under title IV-E of the Social Security Act. 

    (c) The term "child support agency" as used in this section 
 refers to the public authority responsible for child support 
 enforcement. 

    (d) The term "public assistance agency" as used in this 
 section refers to a public authority providing public assistance 
 to an individual. 

    Subd. 2.    Assignment of support and maintenance rights. 
  (a) An individual receiving public assistance in the form of 
 assistance under any of the following programs:  the AFDC 
 program formerly codified in sections 256.72 to 256.87, MFIP 
 under chapter 256J, MFIP-R and MFIP formerly codified under 
 chapter 256, or work first is considered to have assigned to the 
 state at the time of application all rights to child support and 
 maintenance from any other person the applicant or recipient may 
 have in the individual's own behalf or in the behalf of any 
 other family member for whom application for public assistance 
 is made.  An assistance unit is ineligible for the Minnesota 
 family investment program unless the caregiver assigns all 
 rights to child support and spousal maintenance benefits 
 according to this section. 

    (1) An assignment made according to this section is 
 effective as to: 

    (i) any current child support and current spousal 
 maintenance; and 

    (ii) any accrued child support and spousal maintenance 
 arrears. 

    (2) An assignment made after September 30, 1997, is 
 effective as to: 

    (i) any current child support and current spousal 
 maintenance; 

    (ii) any accrued child support and spousal maintenance 
 arrears collected before October 1, 2000, or the date the 
 individual terminates assistance, whichever is later; and 

    (iii) any accrued child support and spousal maintenance 
 arrears collected under federal tax intercept. 

    (b) An individual receiving public assistance in the form 
 of medical assistance, including MinnesotaCare, is considered to 
 have assigned to the state at the time of application all rights 
 to medical support from any other person the individual may have 
 in the individual's own behalf or in the behalf of any other 
 family member for whom medical assistance is provided. 

    An assignment made after September 30, 1997, is effective 
 as to any medical support accruing after the date of medical 
 assistance or MinnesotaCare eligibility. 

    (c) An individual receiving public assistance in the form 
 of child care assistance under the child care fund pursuant to 
 chapter 119B is considered to have assigned to the state at the 
 time of application all rights to child care support from any 
 other person the individual may have in the individual's own 
 behalf or in the behalf of any other family member for whom 
 child care assistance is provided. 

    An assignment made according to this paragraph is effective 
 as to: 

    (1) any current child care support and any child care 
 support arrears assigned and accruing after July 1, 1997, that 
 are collected before October 1, 2000; and 

    (2) any accrued child care support arrears collected under 
 federal tax intercept. 

    Subd. 2a.    Families-first distribution of child support 
 arrearages.  When the public authority collects support 
 arrearages on behalf of an individual who is receiving 
 assistance provided under MFIP or MFIP-R under this chapter, 
 MFIP under chapter 256J, or work first under chapter 256K, and 
 the public authority has the option of applying the collection 
 to arrears permanently assigned to the state or to arrears 
 temporarily assigned to the state, the public authority shall 
 first apply the collection to satisfy those arrears that are 
 permanently assigned to the state.  

    Subd. 3.    Existing assignments.  Assignments based on 
 the receipt of public assistance in existence prior to July 1, 
 1997, are permanently assigned to the state. 

    Subd. 4.    Effect of assignment.  Assignments in this 
 section take effect upon a determination that the applicant is 
 eligible for public assistance.  The amount of support assigned 
 under this subdivision may not exceed the total amount of public 
 assistance issued or the total support obligation, whichever is 
 less.  Child care support collections made according to an 
 assignment under subdivision 2, paragraph (c), must be 
 deposited, subject to any limitations of federal law, by the 
 commissioner of human services in the child support collection 
 account in the special revenue fund and appropriated to the 
 commissioner of education for child care assistance under 
 section 119B.03.  These collections are in addition to state and 
 federal funds appropriated to the child care fund.  

    Subd. 5.    Cooperation with child support enforcement.  
 After notification from a public assistance agency that an 
 individual has applied for or is receiving any form of public 
 assistance, the child support agency shall determine whether the 
 party is cooperating with the agency in establishing paternity, 
 child support, modification of an existing child support order, 
 or enforcement of an existing child support order.  The public 
 assistance agency shall notify each applicant or recipient in 
 writing of the right to claim a good cause exemption from 
 cooperating with the requirements in this section.  A copy of 
 the notice must be furnished to the applicant or recipient, and 
 the applicant or recipient and a representative from the public 
 authority shall acknowledge receipt of the notice by signing and 
 dating a copy of the notice.  The individual shall cooperate 
 with the child support agency by: 

    (1) providing all known information regarding the alleged 
 father or obligor, including name, address, social security 
 number, telephone number, place of employment or school, and the 
 names and addresses of any relatives; 

    (2) appearing at interviews, hearings and legal 
 proceedings; 

    (3) submitting to genetic tests including genetic testing 
 of the child, under a judicial or administrative order; and 

    (4) providing additional information known by the 
 individual as necessary for cooperating in good faith with the 
 child support agency. 

    The caregiver of a minor child must cooperate with the 
 efforts of the public authority to collect support according to 
 this subdivision.  A caregiver must notify the public authority 
 of all support the caregiver receives during the period the 
 assignment of support required under subdivision 2 is in effect. 
 Direct support retained by a caregiver must be counted as 
 unearned income when determining the amount of the assistance 
 payment, and repaid to the child support agency for any month 
 when the direct support retained is greater than the 
 court-ordered child support and the assistance payment and the 
 obligor owes support arrears. 

    Subd. 6.    Determination.  If the individual cannot 
 provide the information required in subdivision 5, before making 
 a determination that the individual is cooperating, the child 
 support agency shall make a finding that the individual could 
 not reasonably be expected to provide the information.  In 
 making this finding, the child support agency shall consider: 

    (1) the age of the child for whom support is being sought; 

    (2) the circumstances surrounding the conception of the 
 child; 

    (3) the age and mental capacity of the parent or caregiver 
 of the child for whom support is being sought; 

    (4) the time period that has expired since the parent or 
 caregiver of the child for whom support is sought last had 
 contact with the alleged father or obligor, or the person's 
 relatives; and 

    (5) statements from the applicant or recipient or other 
 individuals that show evidence of an inability to provide 
 correct information about the alleged father or obligor because 
 of deception by the alleged father or obligor. 

    Subd. 7.    Noncooperation.  Unless good cause is found 
 to exist under subdivision 10, upon a determination of 
 noncooperation by the child support agency, the agency shall 
 promptly notify the individual and each public assistance agency 
 providing public assistance to the individual that the 
 individual is not cooperating with the child support agency.  
 Upon notice of noncooperation, the individual shall be 
 sanctioned in the amount determined according to the public 
 assistance agency responsible for enforcing the sanction.  

    Subd. 8.    Refusal to cooperate with support 
 requirements.  (a) Failure by a caregiver to satisfy any of 
 the requirements of subdivision 5 constitutes refusal to 
 cooperate, and the sanctions under paragraph (b) apply.  The 
 IV-D agency must determine whether a caregiver has refused to 
 cooperate according to subdivision 5. 

    (b) Determination by the IV-D agency that a caregiver has 
 refused to cooperate has the following effects: 

    (1) a caregiver is subject to the applicable sanctions 
 under section 256J.46; 

    (2) a caregiver who is not a parent of a minor child in an 
 assistance unit may choose to remove the child from the 
 assistance unit unless the child is required to be in the 
 assistance unit; and 

    (3) a parental caregiver who refuses to cooperate is 
 ineligible for medical assistance. 

    Subd. 9.    Good cause exemption from cooperating with 
 support requirements.  The IV-A or IV-D agency must notify the 
 caregiver that the caregiver may claim a good cause exemption 
 from cooperating with the requirements in subdivision 5.  Good 
 cause may be claimed and exemptions determined according to 
 subdivisions 10 to 13. 

    Subd. 10.    Good cause exemption.  (a) Cooperation with 
 the child support agency under subdivision 5 is not necessary if 
 the individual asserts, and both the child support agency and 
 the public assistance agency find, good cause exists under this 
 subdivision for failing to cooperate.  An individual may request 
 a good cause exemption by filing a written claim with the public 
 assistance agency on a form provided by the commissioner of 
 human services.  Upon notification of a claim for good cause 
 exemption, the child support agency shall cease all child 
 support enforcement efforts until the claim for good cause 
 exemption is reviewed and the validity of the claim is 
 determined.  Designated representatives from public assistance 
 agencies and at least one representative from the child support 
 enforcement agency shall review each claim for a good cause 
 exemption and determine its validity. 

    (b) Good cause exists when an individual documents that 
 pursuit of child support enforcement services could reasonably 
 result in: 

    (1) physical or emotional harm to the child for whom 
 support is sought; 

    (2) physical harm to the parent or caregiver with whom the 
 child is living that would reduce the ability to adequately care 
 for the child; or 

    (3) emotional harm to the parent or caregiver with whom the 
 child is living, of such nature or degree that it would reduce 
 the person's ability to adequately care for the child. 

    Physical and emotional harm under this paragraph must be of 
 a serious nature in order to justify a finding of good cause 
 exemption.  A finding of good cause exemption based on emotional 
 harm may only be based upon a demonstration of emotional 
 impairment that substantially affects the individual's ability 
 to function. 

    (c) Good cause also exists when the designated 
 representatives in this subdivision believe that pursuing child 
 support enforcement would be detrimental to the child for whom 
 support is sought and the individual applicant or recipient 
 documents any of the following: 

    (1) the child for whom child support enforcement is sought 
 was conceived as a result of incest or rape; 

    (2) legal proceedings for the adoption of the child are 
 pending before a court of competent jurisdiction; or 

    (3) the parent or caregiver of the child is currently being 
 assisted by a public or licensed private social service agency 
 to resolve the issues of whether to keep the child or place the 
 child for adoption. 

    The parent or caregiver's right to claim a good cause 
 exemption based solely on this paragraph expires if the 
 assistance lasts more than 90 days. 

    (d) The public authority shall consider the best interests 
 of the child in determining good cause. 

    Subd. 11.    Proof of good cause.  (a) An individual 
 seeking a good cause exemption has 20 days from the date the 
 good cause claim was provided to the public assistance agency to 
 supply evidence supporting the claim.  The public assistance 
 agency may extend the time period in this section if it believes 
 the individual is cooperating and needs additional time to 
 submit the evidence required by this section.  Failure to 
 provide this evidence shall result in the child support agency 
 resuming child support enforcement efforts. 

    (b) Evidence supporting a good cause claim includes, but is 
 not limited to: 

    (1) a birth record or medical or law enforcement records 
 indicating that the child was conceived as the result of incest 
 or rape; 

    (2) court documents or other records indicating that legal 
 proceedings for adoption are pending before a court of competent 
 jurisdiction; 

    (3) court, medical, criminal, child protective services, 
 social services, domestic violence advocate services, 
 psychological, or law enforcement records indicating that the 
 alleged father or obligor might inflict physical or emotional 
 harm on the child, parent, or caregiver; 

    (4) medical records or written statements from a licensed 
 medical professional indicating the emotional health history or 
 status of the custodial parent, child, or caregiver, or 
 indicating a diagnosis or prognosis concerning their emotional 
 health; 

    (5) a written statement from a public or licensed private 
 social services agency that the individual is deciding whether 
 to keep the child or place the child for adoption; or 

    (6) sworn statements from individuals other than the 
 applicant or recipient that provide evidence supporting the good 
 cause claim. 

    (c) The child support agency and the public assistance 
 agency shall assist an individual in obtaining the evidence in 
 this section upon request of the individual. 

    Subd. 12.    Decision.  A good cause exemption must be 
 granted if the individual's claim and the investigation of the 
 supporting evidence satisfy the investigating agencies that the 
 individual has good cause for refusing to cooperate. 

    Subd. 13.    Duration.  (a) A good cause exemption may 
 not continue for more than one year without redetermination of 
 cooperation and good cause pursuant to this section.  The child 
 support agency may redetermine cooperation and the designated 
 representatives in subdivision 10 may redetermine the granting 
 of a good cause exemption before the one year expiration in this 
 subdivision. 

    (b) A good cause exemption must be allowed under subsequent 
 applications and redeterminations without additional evidence 
 when the factors that led to the exemption continue to exist.  A 
 good cause exemption must end when the factors that led to the 
 exemption have changed. 

    Subd. 14.    Training.  The commissioner shall establish 
 domestic violence and sexual abuse training programs for child 
 support agency employees.  The training programs must be 
 developed in consultation with experts on domestic violence and 
 sexual assault.  To the extent possible, representatives of the 
 child support agency involved in making a determination of 
 cooperation under subdivision 6 or reviewing a claim for good 
 cause exemption under subdivision 9 shall receive training in 
 accordance with this subdivision. 

    Subd. 15.    Child support distribution.  The state 
 shall distribute current child support and maintenance received 
 by the state to an individual who assigns the right to that 
 support under subdivision 2, paragraph (a). 

    HIST: 1997 c 203 art 6 s 5; 1997 c 245 art 3 s 5; 1998 c 382 
 art 1 s 1; 1998 c 407 art 6 s 10; 1999 c 159 s 42,43; 1999 c 205 
 art 1 s 53; 2000 c 488 art 10 s 4; 1Sp2001 c 9 art 10 s 66; art 
 12 s 2-4; art 15 s 32; 2002 c 379 art 1 s 113; 2003 c 130 s 12