Minnesota divorce statutes § 518.03 ACTION TO
ANNUL; DECREE.
An annulment shall be commenced and the complaint shall be filed and proceedings had as in proceedings for dissolution.
Upon due proof of the nullity of the marriage, it shall be adjudged null and void. The provisions of this chapter and chapter
518A relating to property rights of the spouses, maintenance, support and custody of children on dissolution of marriage
are applicable to proceedings for annulment.
Minnesota divorce statute 518.02 VOIDABLE MARRIAGES.
A marriage shall be declared a nullity under the following circumstances:
(a) A party lacked capacity to consent to the
marriage at the time the marriage was solemnized, either because of mental incapacity or infirmity and the other party at
the time the marriage was solemnized did not know of the incapacity; or because of the influence of alcohol, drugs, or other
incapacitating substances; or because consent of either was obtained by force or fraud and there was no subsequent voluntary
cohabitation of the parties;
(b) A party lacks the physical capacity to consummate the marriage by sexual intercourse
and the other party at the time the marriage was solemnized did not know of the incapacity; (c) A party was under the age
for marriage established by section 517.02.
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Minnesota divorce statute 518.04 INSUFFICIENT GROUNDS FOR ANNULMENT. No marriage shall be adjudged a nullity on the ground that one of the parties was under the age of legal consent if it
appears that the parties had voluntarily cohabited together as husband and wife after having attained such age; nor shall
the marriage of any insane person be adjudged void after restoration to reason, if it appears that the parties freely cohabited
together as husband and wife after such restoration.
Minnesota divorce statute 518.05 ANNULMENT; WHEN TO BRING.
An annulment may be sought by any of the following persons and must be commenced within the times specified, but in no
event may an annulment be sought after the death of either party to the marriage:
(a) for a reason set forth in section 518.02,
clause (a), by either party or by the legal representative of the party who lacked capacity to consent, no later than 90
days after the petitioner obtained knowledge of the described condition;
(b) for the reason set forth in section 518.02,
clause (b), by either party no later than one year after the petitioner obtained knowledge of the described condition;
(c)
for the reason set forth in section 518.02, clause (c), by the under aged party, the party's parent or guardian, before the
time the under aged party reaches the age at which the party could have married without satisfying the omitted requirement.
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Minnesota divorce statutes § 518.131 TEMPORARY
ORDERS AND RESTRAINING ORDERS.
Subdivision 1. Permissible orders.
In a proceeding brought for custody, dissolution, or legal separation, or for disposition
of property, maintenance, or child support following the dissolution of a marriage, either party may, by motion, request
from the court and the court may grant a temporary order pending the final disposition of the proceeding to or for:
(a) Temporary
custody and parenting time regarding the minor children of the parties;
(b) Temporary maintenance of either spouse;
(c) Temporary
child support for the children of the parties;
(d) Temporary costs and reasonable attorney fees;
(e) Award the temporary
use and possession, exclusive or otherwise, of the family home, furniture, household goods, automobiles, and other property
of the parties;
(f) Restrain one or both parties from transferring, encumbering, concealing, or disposing
of property except in the usual course of business or for the necessities of life, and to account to the court for all such
transfers, encumbrances, dispositions, and expenditures made after the order is served or communicated to the party restrained
in open court;
(g)
Restrain one or both parties from harassing, vilifying, mistreating, molesting, disturbing the peace, or restraining the
liberty of the other party or the children of the parties;
(h) Restrain one or both parties from removing any minor child
of the parties from the jurisdiction of the court;
(i) Exclude a party from the family home of the parties or from the home
of the other party; and
(j) Require one or both of the parties to perform or to not perform such additional acts
as will facilitate the just and speedy disposition of the proceeding, or will protect the parties or their children from
physical or emotional harm.
Subd. 2. Impermissible orders. No temporary order shall:
(a) Deny parenting time to a parent unless
the court finds that the parenting time is likely to cause physical or emotional harm to the child;
(b) Exclude a party from
the family home of the parties unless the court finds that physical or emotional harm to one of the parties or to the children
of the parties is likely to result, or that the exclusion is reasonable in the circumstances; or
(c) Vacate or modify an
order granted under section 518B.01, subdivision 6, paragraph (a), clause (1), restraining an abusing party from committing
acts of domestic abuse, except that the court may hear a motion for modification of an order for protection concurrently
with a proceeding for dissolution of marriage upon notice of motion and motion. The notice required by court rule shall not
be waived. If the proceedings are consolidated and the motion to modify is granted, a separate order for modification of
an order for protection shall be issued.
Subd. 3. Ex parte restraining order; limitations. A party may request and the court
may make an ex parte restraining order which may include any matter that may be included in a temporary order except:
(a)
A restraining order may not exclude either party from the family home of the parties
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except upon a finding by the court of immediate danger
of physical harm to the other party or the children of either party; and
(b) A restraining order may not deny parenting time to either party
or grant custody of the minor children to either party except upon a finding by the court of immediate danger of physical
harm to the minor children of the parties.
Subd. 4. Hearing on restraining order; duration. Restraining orders shall be personally
served upon the party to be restrained and shall be accompanied with a notice of the time and place of hearing for disposition
of the matters contained in the restraining order at a hearing for a temporary order. When a restraining order has been issued,
a hearing on the temporary order shall be held at the earliest practicable date. The restrained party may upon written notice
to the other party advance the hearing date to a time earlier than that noticed by the other party. The restraining order
shall continue in full force and effect only until the hearing time noticed, unless the court, for good cause and upon notice
extends the time for hearing.
Subd. 5. Duration of temporary order. A temporary order shall continue in full force and effect
until the earlier of its amendment or vacation, dismissal of the main action or entry of a final decree of dissolution or
legal separation.
Subd. 6. Effect of dismissal of main action. If a proceeding for dissolution or legal separation is dismissed,
a temporary custody order is vacated unless one of the parties or the child's custodian moves that the proceeding continue
as a custody proceeding and the court finds, after a hearing, that the circumstances of the parties and the best interests
of the child require that a custody order be issued.
Subd. 7. Guiding factors. The court shall be guided by the factors set
forth in chapter 518A (concerning child support), and sections 518.552 (concerning maintenance), 518.17 to 518.175 (concerning
custody and parenting time), and 518.14 (concerning costs and attorney fees) in making temporary orders and restraining orders.
Subd. 8. Basis for order. Temporary orders shall be made solely on the basis of affidavits and argument of counsel except
upon demand by either party in a motion or responsive motion made within the time limit for making and filing a responsive
motion that the matter be heard on oral testimony before the court, or if the court in its discretion orders the taking of
oral testimony.
Subd. 9. Prejudicial effect; revocation; modification. A temporary order or restraining order:
(a)
Shall not prejudice the rights of the parties or the child which are to be adjudicated at subsequent hearings in the proceeding;
and
(b) May be revoked or modified by the court before the final disposition of the proceeding
upon the same grounds and subject to the same requirements as the initial granting of the order.
Subd. 10. Misdemeanor. In addition to being punishable by contempt,
a violation of a provision of a temporary order or restraining order granting the relief authorized in subdivision 1, clause
(g), (h), or (i), is a misdemeanor.
Subd. 11. Temporary support and maintenance. Temporary support and maintenance may be
ordered during the time a parenting plan is being developed under section 518.1705.
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Minnesota divorce statutes § 518.157 PARENT
EDUCATION PROGRAM IN PROCEEDINGS INVOLVING CHILDREN.
Subdivision 1. Implementation; administration.
By January 1, 1998, the chief judge of each judicial district or a designee
shall implement one or more parent education programs within the judicial district for the purpose of educating parents about
the impact that divorce, the restructuring of families, and judicial proceedings have upon children and families; methods
for preventing parenting time conflicts; and dispute resolution options. The chief judge of each judicial district or a designee
may require that children attend a separate education program designed to deal with the impact of divorce upon children as
part of the parent education program. Each parent education program must enable persons to have timely and reasonable access
to education sessions.
Subd. 2. Minimum standards; plan.
The Minnesota Supreme Court should promulgate minimum standards for
the implementation and administration of a parent education program.
Subd. 3. Attendance.
In a proceeding under this chapter
where custody or parenting time is contested, the parents of a minor child shall attend a minimum of eight hours in an orientation
and education program that meets the minimum standards promulgated by the Minnesota Supreme Court. In all other proceedings
involving custody, support, or parenting time the court may order the parents of a minor child to attend a parent education
program. The program shall provide the court with names of persons who fail to attend the parent education program as ordered
by the court. Persons who are separated or contemplating involvement in a dissolution, paternity, custody, or parenting time
proceeding may attend a parent education program without a court order. Unless otherwise ordered
by the court, participation in a parent education program must begin within 30 |
days after the first filing with the court or as soon as practicable
after that time based on the reasonable availability of classes for the program
for the parent. Parent education programs must offer an opportunity to participate at all phases of a pending or post decree
proceeding. Upon request of a party and a showing of good cause, the court may excuse the party from attending the program.
If past or present domestic abuse, as defined in chapter 518B, is alleged, the court shall not require the parties to attend
the same parent education sessions and shall enter an order setting forth the manner in which the parties may safely participate
in the program.
Subd. 4. Sanctions.
The
court may impose sanctions upon a parent for failure to attend or complete a parent education program as ordered.
Subd. 5. Confidentiality.
Unless all parties agree in writing, statements made by a party during participation in a parent education program are inadmissible
as evidence for any purpose, including impeachment. No record may be made regarding a party's participation in a parent education
program, except a record of attendance at and completion of the program as required under this section. Instructors shall
not disclose information regarding an individual participant obtained as a result of participation in a parent education
program. Parent education instructors may not be subpoenaed or called as witnesses in court proceedings.
Subd. 6. Fee. Except
as provided in this subdivision, each person who attends a parent education program shall pay a fee to defray the cost of
the program. A party who qualifies for waiver of filing fees under section 563.01 is exempt from paying the parent education
program fee and the court shall waive the fee or direct its payment under section 563.01. Program providers shall implement
a sliding fee scale.
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Minnesota divorce statutes § 518.58
DIVISION OF MARITAL PROPERTY.
Subdivision 1. General.
Upon a dissolution of a marriage, an annulment, or in a proceeding for disposition of property
following a dissolution of marriage by a court which lacked personal jurisdiction over the absent spouse or lacked jurisdiction
to dispose of the property and which has since acquired jurisdiction, the court shall make a just and equitable division
of the marital property of the parties without regard to marital misconduct, after making findings regarding the division
of the property. The court shall base its findings on all relevant factors including the length of the marriage, any prior
marriage of a party, the age, health, station, occupation, amount and sources of income, vocational skills, employability,
estate, liabilities, needs, opportunity for future acquisition of capital assets, and income of each party. The court shall
also consider the contribution of each in the acquisition, preservation, depreciation or appreciation in the amount or value
of the marital property, as well as the contribution of a spouse as a homemaker. It shall be conclusively presumed that each
spouse made a substantial contribution to the acquisition of income and property while they were living together as husband
and wife. The court may also award to either spouse the household goods and furniture of the parties, whether or not acquired
during the marriage. The court shall value marital assets for purposes of division between the parties as of the day of the
initially scheduled rehearing settlement conference, unless a different date is agreed upon by the parties, or unless the
court makes specific findings that another date of valuation is fair and equitable. If there is a substantial change in value
of an asset between the date of valuation and the final distribution, the court may adjust the valuation of that asset as
necessary to effect an equitable distribution.
Subd. 1a. Transfer, encumbrance, concealment, or disposition of marital assets.
During the pendency of a marriage dissolution, separation, or annulment proceeding, or in contemplation of commencing a marriage
dissolution, separation, or annulment proceeding, each party owes a fiduciary duty to the other for any profit or loss derived
by the party, without the consent of the other, from a transaction or from any use by the party of the marital assets. If
the court finds that a party to a marriage, without consent of the other party, has in contemplation of commencing, or during
the pendency of, the current dissolution, separation, or annulment proceeding, transferred, encumbered, concealed, or disposed
of marital assets except in the usual course of business or for the necessities of life, the court shall compensate the other
party by placing both parties in the same position that they would have been in had the transfer, encumbrance, concealment,
or disposal not occurred. The burden of proof under this subdivision is on the party claiming that the other party transferred,
encumbered, concealed, or disposed of marital assets in contemplation of commencing or during the pendency of the current
dissolution, separation, or annulment proceeding, without consent of the claiming party, and that the transfer, encumbrance,
concealment, or disposal was not in the usual course of business or for the necessities of life. In compensating a party
under this section, the court, in dividing the marital property, may impute the entire value of an asset and a fair return
on the asset to the party who transferred, encumbered, concealed, or disposed of it. Use of a power of attorney, or the absence
of a restraining order against the transfer, encumbrance, concealment, or disposal of marital property is not available as
a defense under this subdivision.
Subd. 2. Award of non marital property.
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If the court finds that either spouse's resources or property, including the spouse's portion of the marital property
as defined in section 518.003, subdivision 3b, are so inadequate as to work an unfair hardship, considering all relevant
circumstances, the court may, in addition to the marital property, apportion up to one-half of the property otherwise excluded
under section 518.003, subdivision 3b, clauses (a) to (d), to prevent the unfair hardship. If the court apportions property
other than marital property, it shall make findings in support of the apportionment. The findings shall be based on all relevant
factors including the length of the marriage, any prior marriage of a party, the age, health, station, occupation, amount
and sources of income, vocational skills, employability, estate, liabilities, needs, and opportunity for future acquisition
of capital assets and income of each party.
Subd. 3. Sale or distribution while proceeding pending.
(a) If the court finds
that it is necessary to preserve the marital assets of the parties, the court may order the sale of the homestead of the
parties or the sale of other marital assets, as the individual circumstances may require, during the pendency of a proceeding
for a dissolution of marriage or an annulment. If the court orders a sale, it may further provide for the disposition of
the funds received from the sale during the pendency of the proceeding. If liquid or readily liquidated marital property
other than property representing vested pension benefits or rights is available, the court, so far as possible, shall divide
the property representing vested pension benefits or rights by the disposition of an equivalent amount of the liquid or readily
liquidated property.
(b) The court may order a partial distribution of marital assets during the pendency of a proceeding
for a dissolution of marriage or an annulment for good cause shown or upon the request of both parties, provided that the
court shall fully protect the interests of the other party.
Subd. 4. Pension plans.
(a) The division of marital property that
represents pension plan benefits or rights in the form of future pension plan payments:
(1) is payable only to the extent
of the amount of the pension plan benefit payable under the terms of the plan;
(2) is not payable for a period that exceeds
the time that pension plan benefits are payable to the pension plan benefit recipient;
(3) is not payable in a lump-sum amount
from defined benefit pension plan assets attributable in any fashion to a spouse with the status of an active member, deferred
retiree, or benefit recipient of a pension plan;
(4) if the former spouse to whom the payments are to be made dies prior
to the end of the specified payment period with the right to any remaining payments accruing to an estate or to more than
one survivor, is payable only to a trustee on behalf of the estate or the group of survivors for subsequent apportionment
by the trustee; and
(5) in the case of defined benefit public pension plan benefits or rights, may not commence until the
public plan member submits a valid application for a public pension plan benefit and the benefit becomes payable.
(b) The
individual retirement account plans established under chapter 354B may provide in its plan document, if published and made
generally available, for an alternative marital property division or distribution of individual retirement account plan assets. If an alternative division or distribution
procedure is provided, it applies in place of paragraph (a), clause (5).
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Minnesota divorce statutes § 518D.304
TEMPORARY VISITATION.
(a) A court of this state which does not have jurisdiction to modify a child custody determination may issue a temporary
order enforcing:
(1) a visitation schedule made by a court of another state; or
(2) the visitation provisions of a child
custody determination of another state that does not provide for a specific visitation schedule.
(b) If a court of this state
makes an order under paragraph (a), clause (2), it shall specify in the order a period that it considers adequate to allow
the petitioner to obtain an order from a court having jurisdiction under the criteria specified in sections 518D.201 to 518D.210.
The order remains in effect until an order is obtained from the other court or the period expires.
Minnesota divorce statute 518.175 PARENTING TIME.
Subdivision 1.General.
(a) In all proceedings for dissolution or legal separation, subsequent to the commencement of the
proceeding and continuing thereafter during the minority of the child, the court shall, upon the request of either parent,
grant such parenting time on behalf of the child and a parent as will enable the child and the parent to maintain a child
to parent relationship that will be in the best interests of the child. If the court finds, after a hearing, that parenting
time with a parent is likely to endanger the child's physical or emotional health or impair the child's emotional development,
the court shall restrict parenting time with that parent as to time, place, duration, or supervision and may deny parenting
time entirely, as the circumstances warrant. The court shall consider the age of the child and the child's relationship with
the parent prior to the commencement of the proceeding. A parent's failure to pay support because of the parent's inability
to do so shall not be sufficient cause for denial of parenting time.
(b) The court may provide that a law enforcement officer
or other appropriate person will accompany a party seeking to enforce or comply with parenting time.
(c) Upon request of
either party, to the extent practicable an order for parenting time must include a specific schedule for parenting time,
including the frequency and duration of visitation and visitation during holidays and vacations, unless parenting time is
restricted, denied, or reserved.
(d) The court administrator shall provide a form for a pro se motion regarding parenting
time disputes, which includes provisions for indicating the relief requested, an affidavit in which the party may state the
facts of the dispute, and a brief description of the parenting time expeditor process under section 518.1751. The form may
not include a request for a change of custody. The court shall provide instructions on serving and filing the motion.
(e)
In the absence of other evidence, there is a rebuttable presumption that a parent is entitled to receive at least 25 percent
of the parenting time for the child. For purposes of this paragraph, the percentage of parenting time may be determined by
calculating the number of overnights that a child spends with a parent or by using a method other than overnights if the
parent has significant time periods on separate days when the child is in the parent's physical custody but does not stay
overnight. The court may consider the age of the child in determining whether a child is with a parent for a significant
period of time.
Subd. 1a. Domestic abuse; supervised parenting time.
(a) If a parent requests supervised parenting time under
subdivision 1 or 5 and an order for protection under chapter 518B or a similar law of another state is in effect against
the other parent to protect the parent with whom the child resides or the child, the judge or judicial officer must consider
the order for protection in making a decision regarding parenting time.
(b) The state court administrator, in consultation
with representatives of parents and other interested persons, shall develop standards to be met by persons who are responsible
for supervising parenting time. Either parent may challenge the appropriateness of an individual chosen by the court to supervise
parenting time.
Subd. 2. Rights of children and parents.
Upon the request of either parent, the court may inform any child
of the parties, if eight years of age or older, or otherwise of an age of suitable comprehension, of the rights of the child
and each parent under the order or decree or any substantial amendment thereof. The parent with whom the child resides shall
present the child for parenting time with the other parent, at such times as the court directs.
Subd. 3.Move to another state.
(a) The parent with whom the child resides shall not move the residence of the child to another state except upon order of
the court or with the consent of the other parent, if the other parent has been given parenting time by the decree. If the
purpose of the move is to interfere with parenting time given to the other parent by the decree, the court shall not permit
the child's residence to be moved to another state.
(b) The court shall apply a best interests standard when considering
the request of the parent with whom the child resides to move the child's residence to another state. The factors the court
must consider in determining the child's best interests include, but are not limited to:
(1) the nature, quality, extent
of involvement, and duration of the child's relationship with the person proposing to relocate and with the non relocating
person, siblings, and other significant persons in the child's life;
(2) the age, developmental stage, needs of the child,
and the likely impact the relocation will have on the child's physical, educational, and emotional development, taking into
consideration special needs of the child;
(3) the feasibility of preserving the relationship between the non relocating person and the child |
through suitable parenting time arrangements,
considering the logistics and financial circumstances of the parties;
(4) the child's preference, taking into consideration
the age and maturity of the child; (5) whether there is an established pattern of conduct of the person seeking the relocation
either to promote or thwart the relationship of the child and the non relocating person;
(6) whether the relocation of the
child will enhance the general quality of the life for both the custodial parent seeking the relocation and the child including,
but not limited to, financial or emotional benefit or educational opportunity;
(7) the reasons of each person for seeking
or opposing the relocation; and
(8) the effect on the safety and welfare of the child, or of the parent requesting to move
the child's residence, of domestic abuse, as defined in section 518B.01.
(c) The burden of proof is upon the parent requesting
to move the residence of the child to another state, except that if the court finds that the person requesting permission
to move has been a victim of domestic abuse by the other parent, the burden of proof is upon the parent opposing the move.
The court must consider all of the factors in this subdivision in determining the best interests of the child.
Subd. 4. [Repealed,
1996 c 391 art 1 s 6]
Subd. 5. Modification of parenting plan or order for parenting time.
If modification would serve the
best interests of the child, the court shall modify the decision-making provisions of a parenting plan or an order granting
or denying parenting time, if the modification would not change the child's primary residence. Except as provided in section
631.52, the court may not restrict parenting time unless it finds that:
(1) parenting time is likely to endanger the child's
physical or emotional health or impair the child's emotional development; or
(2) the parent has chronically and unreasonably
failed to comply with court-ordered parenting time. If a parent makes specific allegations that parenting time by the other
parent places the parent or child in danger of harm, the court shall hold a hearing at the earliest possible time to determine
the need to modify the order granting parenting time. Consistent with subdivision 1a, the court may require a third party,
including the local social services agency, to supervise the parenting time or may restrict a parent's parenting time if
necessary to protect the other parent or child from harm. If there is an existing order for protection governing the parties,
the court shall consider the use of an independent, neutral exchange location for parenting time.
Subd. 6.Remedies.
(a) The
court may provide for one or more of the following remedies for denial of or interference with court-ordered parenting time
as provided under this subdivision. All parenting time orders must include notice of the provisions of this subdivision.
(b) If the court finds that a person has been deprived of court-ordered parenting time, the court shall order the parent
who has interfered to allow compensatory parenting time to the other parent or the court shall make specific findings as
to why a request for compensatory parenting time is denied. If compensatory parenting time is awarded, additional parenting
time must be:
(1) at least of the same type and duration as the deprived parenting time and, at the discretion of the court,
may be in excess of or of a different type than the deprived parenting time;
(2) taken within one year after the deprived
parenting time; and
(3) at a time acceptable to the parent deprived of parenting time.
(c) If the court finds that a party
has wrongfully failed to comply with a parenting time order or a binding agreement or decision under section 518.1751, the
court may:
(1) impose a civil penalty of up to $500 on the party;
(2) require the party to post a bond with the court for
a specified period of time to secure the party's compliance;
(3) award reasonable attorney's fees and costs; (4) require
the party who violated the parenting time order or binding agreement or decision of the parenting time expeditor to reimburse
the other party for costs incurred as a result of the violation of the order or agreement or decision; or
(5) award any other
remedy that the court finds to be in the best interests of the children involved. A civil penalty imposed under this paragraph
must be deposited in the county general fund and must be used to fund the costs of a parenting time expeditor program in
a county with this program. In other counties, the civil penalty must be deposited in the state general fund.
(d) If the
court finds that a party has been denied parenting time and has incurred expenses in connection with the denied parenting
time, the court may require the party who denied parenting time to post a bond in favor of the other party in the amount
of prepaid expenses associated with upcoming planned parenting time.
(e) Proof of an unwarranted denial of or interference
with duly established parenting time may constitute contempt of court and may be sufficient cause for reversal of custody.
Subd. 7. [Renumbered 518.1752]
Subd. 8. Additional parenting time for child care parent. The court may allow
additional parenting time to a parent to provide child care while the other parent is working if this arrangement is reasonable
and in the best interests of the child, as defined in section 518.17, subdivision 1. In addition, the court shall consider:
(1) the ability of the parents to cooperate;
(2) methods for resolving disputes regarding the care of the child, and the
parents' willingness to use those methods; and
(3) whether domestic abuse, as defined in section 518B.01, has occurred between
the parties.
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Minnesota divorce statutes § 256.741
CHILD SUPPORT AND MAINTENANCE.
Subdivision 1.Definitions.
(a) The term "direct support" as used in this chapter and chapters 257, 518, 518A,
and 518C refers to an assigned support payment from an obligor which is paid directly to a recipient of public assistance.
(b) The term "public assistance" as used in this chapter and chapters 257, 518, 518A,
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 formerly codified under
chapter 256K; child care assistance provided through the child care fund under chapter 119B; any form of medical assistance
under chapter 256B; Minnesota Care 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.
(e) The terms "child support" and "arrears" as used in this section have the meanings provided in section
518A.26.
(f) The term "maintenance" as used in this section has the meaning provided in section 518.003.
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 program formerly codified under chapter 256K 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 maintenance benefits according to this section.
(1) The assignment is effective as
to any current child support and current maintenance.
(2) Any child support or maintenance arrears that accrue while an individual
is receiving public assistance in the form of assistance under any of the programs listed in this paragraph are permanently
assigned to the state.
(3) The assignment of current child support and current maintenance ends on the date the individual
ceases to receive or is no longer eligible to receive public assistance under any of the programs listed in this paragraph.
(b) An individual receiving public assistance in the form of medical assistance, including Minnesota
Care, 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.
(1) An assignment made after September 30, 1997, is effective as to any medical support accruing after the date of medical
assistance or Minnesota Care eligibility.
(2) Any medical support arrears that accrue while an individual is receiving public
assistance in the form of medical assistance, including Minnesota Care, are permanently assigned to the state.
(3) The assignment
of current medical support ends on the date the individual ceases to receive or is no longer eligible to receive public assistance
in the form of medical assistance or Minnesota Care.
(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.
(1) The assignment is effective as
to any current child care support.
(2) Any child care support arrears that accrue while an individual is receiving public
assistance in the form of child care assistance under the child care fund in chapter 119B are permanently assigned to the
state.
(3) The assignment of current child care support ends on the date the individual ceases to receive or is no longer
eligible to receive public assistance in the form of child care assistance under the child care fund under chapter 119B.
Subd. 2a. Distribution of child support.
(a) 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).
(b) When the public
authority collects child support arrearages on behalf of an individual who is receiving public assistance, the public authority
shall first apply the collection to satisfy those arrears that are permanently assigned to the state.
(c) When the public
authority collects child support arrearages on behalf of an individual who is not receiving public assistance, the public
authority shall first apply the collection to satisfy those arrears that are not permanently assigned to the state.
(d) When
the public authority collects child support arrearages certified under the federal tax offset, 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. Arrears that accrued prior to the receipt of assistance that were assigned to the state between July 1, 1997, and
October 1, 2009, must no longer be assigned as of October 1, 2009.
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, in the general 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,
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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. Non cooperation.
Unless
good cause is found to exist under subdivision 10, upon a determination of non cooperation 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 non cooperation, 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 predetermination of cooperation
and good cause pursuant to this section. The child support agency may predetermine cooperation and the designated representatives
in subdivision 10 may predetermine 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 predeterminations
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. |
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Minnesota divorce statutes § 518D.106
EFFECT OF CHILD CUSTODY DETERMINATION.
A child custody determination made by a court of this state that had jurisdiction under this chapter binds all persons
who have been served in accordance with the laws of this state or notified in accordance with section 518D.108 or who have
submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the
determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.
Minnesota divorce statutes 518.17 CUSTODY AND SUPPORT OF CHILDREN ON JUDGMENT.
Subdivision 1.The best interests of the child.
(a) "The best interests of the child" means all relevant factors
to be considered and evaluated by the court including:
(1) the wishes of the child's parent or parents 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 parent and the child;
(5) the interaction and
interrelationship of the child with a parent or parents, 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 and religion or creed, if any;
(11) the child's cultural background;
(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 between
a parent and another individual, whether or not the individual alleged to have committed domestic abuse is or ever was a
family or household member of the parent; and (13) except in cases in which a finding of domestic
abuse as defined in section 518B.01 has been made, the disposition of each parent to encourage and permit frequent and continuing
contact by the other parent with the child. The court may not use one factor to the exclusion of all others. The primary
caretaker factor may not be used as a presumption in determining the best interests of the child. 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 court shall not consider conduct of a proposed custodian that does not affect the custodian's relationship
to the child.
Subd. 1a. Evidence of false allegations of child abuse.
The court shall consider evidence of a violation of section 609.507 in determining the best interests of the child.
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Subd. 2. Factors when joint custody is sought.
In addition to the factors listed in subdivision 1, where either joint legal or
joint physical custody is contemplated or sought, the court shall consider the following relevant factors:
(a) the ability
of parents to cooperate in the rearing of their children;
(b) methods for resolving disputes regarding any major decision
concerning the life of the child, and the parents' willingness to use those methods;
(c) whether it would be detrimental
to the child if one parent were to have sole authority over the child's upbringing; and
(d) whether domestic abuse, as defined
in section 518B.01, has occurred between the parents. The court shall use a rebuttable presumption that upon request of either
or both parties, joint legal custody is in the best interests of the child. However, the court shall use a rebuttable presumption
that joint legal or physical custody is not in the best interests of the child if domestic abuse, as defined in section 518B.01,
has occurred between the parents. If the court awards joint legal or physical custody over the objection of a party, the
court shall make detailed findings on each of the factors in this subdivision and explain how the factors led to its determination
that joint custody would be in the best interests of the child.
Subd. 3. Custody order.
(a) Upon adjudging the nullity of
a marriage, or in a dissolution or separation proceeding, or in a child custody proceeding, the court shall make such further
order as it deems just and proper concerning:
(1) the legal custody of the minor children of the parties which shall be sole
or joint;
(2) their physical custody and residence; and
(3) their support. In determining custody, the court shall consider
the best interests of each child and shall not prefer one parent over the other solely on the basis of the sex of the parent.
(b) The court shall grant the following rights to each of the parties, unless specific findings are made under section 518.68,
subdivision 1. Each party has the right of access to, and to receive copies of, school, medical, dental, religious training,
and other important records and information about the minor children. Each party has the right of access to information regarding
health or dental insurance available to the minor children. Each party shall keep the other party informed as to the name
and address of the school of attendance of the minor children. Each party has the right to be informed by school officials
about the children's welfare, educational progress and status, and to attend school and parent-teacher conferences. The school
is not required to hold a separate conference for each party. In case of an accident or serious illness of a minor child,
each party shall notify the other party of the accident or illness, and the name of the health care provider and the place
of treatment. Each party has the right to reasonable access and telephone contact with the minor children. The court may
waive any of the rights under this section if it finds it is necessary to protect the welfare of a party or child.
Subd.
4. [Repealed, 1986 c 406 s 9]
Subd. 5. [Repealed, 1986 c 406 s 9]
Subd. 6. Departure from guidelines based on joint custody.
An award of joint legal custody is not a reason for departure from the guidelines in section 518A.35. |
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Minnesota divorce statutes § 260C.301
TERMINATION OF PARENTAL RIGHTS.
Subdivision 1.Voluntary and involuntary.
The juvenile court may upon petition, terminate all rights of a parent to a child:
(a) with the written consent of a parent who for good cause desires to terminate parental rights; or
(b) if it finds that
one or more of the following conditions exist:
(1) that the parent has abandoned the child;
(2) that the parent has substantially,
continuously, or repeatedly refused or neglected to comply with the duties imposed upon that parent by the parent and child
relationship, including but not limited to providing the child with necessary food, clothing, shelter, education, and other
care and control necessary for the child's physical, mental, or emotional health and development, if the parent is physically
and financially able, and either reasonable efforts by the social services agency have failed to correct the conditions that
formed the basis of the petition or reasonable efforts would be futile and therefore unreasonable;
(3) that a parent has
been ordered to contribute to the support of the child or financially aid in the child's birth and has continuously failed
to do so without good cause. This clause shall not be construed to state a grounds for termination of parental rights of
a noncustodial parent if that parent has not been ordered to or cannot financially contribute to the support of the child
or aid in the child's birth;
(4) that a parent is palpably unfit to be a party to the parent and child relationship because
of a consistent pattern of specific conduct before the child or of specific conditions directly relating to the parent and
child relationship either of which are determined by the court to be of a duration or nature that renders the parent unable,
for the reasonably foreseeable future, to care appropriately for the ongoing physical, mental, or emotional needs of the
child. It is presumed that a parent is palpably unfit to be a party to the parent and child relationship upon a showing that
the parent's parental rights to one or more other children were involuntarily terminated or that the parent's custodial rights
to another child have been involuntarily transferred to a relative under section 260C.201, subdivision 11, paragraph (e),
clause (1), or a similar law of another jurisdiction; (5) that following the child's placement out of the home, reasonable
efforts, under the direction of the court, have failed to correct the conditions leading to the child's placement. It is
presumed that reasonable efforts under this clause have failed upon a showing that:
(i) a child has resided out of the parental
home under court order for a cumulative period of 12 months within the preceding 22 months. In the case of a child under
age eight at the time the petition was filed alleging the child to be in need of protection or services, the presumption
arises when the child has resided out of the parental home under court order for six months unless the parent has maintained
regular contact with the child and the parent is complying with the out-of-home placement plan;
(ii) the court has approved
the out-of-home placement plan required under section 260C.212 and filed with the court under section 260C.178; (iii) conditions
leading to the out-of-home placement have not been corrected. It is presumed that conditions leading to a child's out-of-home
placement have not been corrected upon a showing that the parent or parents have not substantially complied with the court's
orders and a reasonable case plan; and
(iv) reasonable efforts have been made by the social services agency to rehabilitate
the parent and reunite the family. This clause does not prohibit the termination of parental rights prior to one year, or
in the case of a child under age eight, prior to six months after a child has been placed out of the home. It is also presumed
that reasonable efforts have failed under this clause upon a showing that:
(A) the parent has been diagnosed as chemically
dependent by a professional certified to make the diagnosis;
(B) the parent has been required by a case plan to participate
in a chemical dependency treatment program;
(C) the treatment programs offered to the parent were culturally, linguistically,
and clinically appropriate;
(D) the parent has either failed two or more times to successfully complete a treatment program
or has refused at two or more separate meetings with a caseworker to participate in a treatment program; and
(E) the parent
continues to abuse chemicals.
(6) that a child has experienced egregious harm in the parent's care which is of a nature,
duration, or chronicity that indicates a lack of regard for the child's well-being, such that a reasonable person would believe
it contrary to the best interest of the child or of any child to be in the parent's care;
(7) that in the case 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 the person
is not entitled to notice of an adoption hearing under section 259.49 and the person has not registered with the fathers'
adoption registry under section 259.52;
(8) that the child is neglected and in foster care; or
(9) that the parent has been
convicted of a crime listed in section 260.012, paragraph (b), clauses (1) to (3). In an action involving an American Indian
child, sections 260.751 to 260.835 and the Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1923,
control to the extent that the provisions of this section are inconsistent with those laws.
Subd. 2. Evidence of abandonment.
For purposes of subdivision 1, clause (b), item (1): (a) Abandonment is presumed when:
(1) the parent has had no contact
with the child on a regular basis and not demonstrated consistent interest in the child's well-being for six months and the
social services agency has made reasonable efforts to facilitate contact, unless the parent establishes that an extreme financial
or physical hardship or treatment for mental disability or chemical dependency
or other good cause prevented the parent from making contact with the child. This presumption does not apply to children
whose
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custody has been determined under chapter 257 or 518;
or
(2) the child is an infant under two years of age and has
been deserted by the parent under circumstances that show an intent not to return to care for the child. The court is not
prohibited from finding abandonment in the absence of the presumptions in clauses (1) and (2).
(b) The following are prima
facie evidence of abandonment where there has been a showing that the person was not entitled to notice of an adoption proceeding
under section 259.49:
(1) failure to register with the fathers' adoption registry under section 259.52; or
(2) if the person
registered with the fathers' adoption registry under section 259.52:
(i) filing a denial of paternity within 30 days of receipt
of notice under section 259.52, subdivision 8;
(ii) failing to timely file an intent to claim parental rights with entry
of appearance form within 30 days of receipt of notice under section 259.52, subdivision 10; or
(iii) timely filing an intent
to claim parental rights with entry of appearance form within 30 days of receipt of notice under section 259.52, subdivision
10, but failing to initiate a paternity action within 30 days of receiving the fathers' adoption registry notice where there
has been no showing of good cause for the delay.
Subd. 3. Required termination of parental rights.
(a) The county attorney
shall file a termination of parental rights petition within 30 days of the responsible social services agency determining
that a child has been subjected to egregious harm as defined in section 260C.007, subdivision 14, is determined to be the
sibling of another child of the parent who was subjected to egregious harm, or is an abandoned infant as defined in subdivision
2, paragraph (a), clause (2), or the parent has lost parental rights to another child through an order involuntarily terminating
the parent's rights, or another child of the parent is the subject of an order involuntarily transferring permanent legal
and physical custody of the child to a relative under section 260C.201, subdivision 11, paragraph (e), clause (1), or a similar
law of another jurisdiction. The responsible social services agency shall concurrently identify, recruit, process, and approve
an adoptive family for the child. If a termination of parental rights petition has been filed by another party, the responsible
social services agency shall be joined as a party to the petition. If criminal charges have been filed against a parent arising
out of the conduct alleged to constitute egregious harm, the county attorney shall determine which matter should proceed
to trial first, consistent with the best interests of the child and subject to the defendant's right to a speedy trial.
(b)
This requirement does not apply if the county attorney determines and files with the court:
(1) a petition for transfer of
permanent legal and physical custody to a relative under section 260C.201, subdivision 11, including a determination that
the transfer is in the best interests of the child; or
(2) a petition alleging the child, and where appropriate, the child's
siblings, to be in need of protection or services accompanied by a case plan prepared by the responsible social services
agency documenting a compelling reason why filing a termination of parental rights petition would not be in the best interests
of the child.
Subd. 4. Current foster care children.
Except for cases where the child is in placement due solely to the
child's developmental disability or emotional disturbance, where custody has not been transferred to the responsible social
services agency, and where the court finds compelling reasons to continue placement, the county attorney shall file a termination
of parental rights petition or a petition to transfer permanent legal and physical custody to a relative under section 260C.201,
subdivision 11, for all children who have been in out-of-home care for 15 of the most recent 22 months. This requirement
does not apply if there is a compelling reason approved by the court for determining that filing a termination of parental
rights petition or other permanency petition would not be in the best interests of the child or if the responsible social
services agency has not provided reasonable efforts necessary for the safe return of the child, if reasonable efforts are
required.
Subd. 5. Adoptive parent. For purposes of subdivision 1, clause (a), an adoptive parent may not terminate
parental rights to an adopted child for a reason that would not apply to a birth parent seeking termination of parental rights
to a child under subdivision 1, clause (a).
Subd. 6. When prior finding required. For purposes of subdivision 1, clause (b),
no prior judicial finding of need for protection or services, or neglected and in foster care is required, except as provided
in subdivision 1, clause (b), item (5).
Subd. 7. Best interests of child paramount. In any proceeding under this section,
the best interests of the child must be the paramount consideration, provided that the conditions in subdivision 1, clause
(a), or at least one condition in subdivision 1, clause (b), are found by the court. In proceedings involving an American
Indian child, as defined in section 260.755, subdivision 8, the best interests of the child must be determined consistent
with the Indian Child Welfare Act of 1978, United States Code, title 25, section 1901, et seq. Where the interests of parent
and child conflict, the interests of the child are paramount.
Subd. 8. Findings regarding reasonable efforts.
In any proceeding
under this section, the court shall make specific findings:
(1) that reasonable efforts to prevent the placement and to reunify
the child and the parent were made including individualized and explicit findings regarding the nature and extent of efforts
made by the social services agency to rehabilitate the parent and reunite the family; or
(2) that reasonable efforts at reunification
are not required as provided under section 260.012. |
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The Minnesota divorce laws that
appear here may not include all provisions of Family Law. Some
editing has occurred. You should consult the code or a Minnesota divorce attorney.
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