Those who voted in the negative were:

Anderson, B.	Kielkucki	Krinkie	Osskopp	Workman
Bradley	Knight	Olson, M.

The bill was passed and its title agreed to.

H. F. No. 3165 which was temporarily laid over earlier today on Special Orders was again reported to the House.

Sykora moved to amend H. F. No. 3165 as follows:

Page 11, after line 22, insert:

"Sec. 7. [MINNETONKA RESIDENTIAL RENTAL PROJECT AGREEMENT.]

The Minnesota housing finance agency may enter into an agreement with the city of Minnetonka for a residential rental project which received an allocation from the housing pool in 1998, whereby the city of Minnetonka may issue up to $500,000 in obligations pursuant to bonding authority allocated to the Minnesota housing finance agency in 1998 under Minnesota Statutes, section 474A.03."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

H. F. No. 3165, A bill for an act relating to housing; providing for certain bond allocations and related matters; amending Minnesota Statutes 1996, sections 474A.045; and 474A.061, subdivisions 1, 2a, and 6; Minnesota Statutes 1997 Supplement, section 474A.091, subdivisions 3 and 6; repealing Minnesota Statutes 1996, section 474A.061, subdivision 3.

The bill was read for the third time, as amended, and placed upon its final passage.

The question was taken on the passage of the bill and the roll was called. There were 128 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams	Erhardt	Kahn	McCollum	Peterson	Tingelstad
Anderson, B.	Erickson	Kalis	McElroy	Pugh	Tomassoni
Journal of the House - 92nd Day - Monday, March 16, 1998 - Top of Page 8344
Anderson, I.	Evans	Kielkucki	McGuire	Rest	Tompkins
Bakk	Farrell	Kinkel	Milbert	Reuter	Trimble
Bettermann	Finseth	Knight	Molnau	Rhodes	Tuma
Biernat	Folliard	Knoblach	Mulder	Rifenberg	Tunheim
Bishop	Garcia	Koskinen	Mullery	Rostberg	Van Dellen
Boudreau	Goodno	Kraus	Murphy	Rukavina	Vandeveer
Bradley	Greiling	Krinkie	Ness	Schumacher	Wagenius
Broecker	Gunther	Kubly	Nornes	Seagren	Weaver
Carlson	Haas	Kuisle	Olson, E.	Seifert	Wejcman
Chaudhary	Harder	Larsen	Olson, M.	Sekhon	Wenzel
Clark, J.	Hasskamp	Leighton	Opatz	Skare	Westfall
Clark, K.	Hausman	Leppik	Orfield	Skoglund	Westrom
Daggett	Holsten	Lieder	Osskopp	Slawik	Winter
Davids	Huntley	Lindner	Osthoff	Smith	Wolf
Dawkins	Jaros	Long	Otremba, M.	Solberg	Workman
Dehler	Jefferson	Macklin	Ozment	Stanek	Spk. Carruthers
Delmont	Jennings	Mahon	Paulsen	Stang
Dempsey	Johnson, A.	Mares	Pawlenty	Sviggum
Dorn	Johnson, R.	Mariani	Paymar	Swenson, H.
Entenza	Juhnke	Marko	Pelowski	Sykora

The bill was passed, as amended, and its title agreed to.

S. F. No. 2276 was reported to the House.

Dawkins moved to amend S. F. No. 2276 as follows:

Delete everything after the enacting clause and insert the following language of H. F. No. 2784, the first engrossment:

Section 1. Minnesota Statutes 1997 Supplement, section 256.741, subdivision 1, is amended to read:

Subdivision 1. [PUBLIC ASSISTANCE.] (a) The term "public assistance" as used in this chapter and chapters 257, 518, and 518C, includes any form of assistance provided under AFDC, MFIP, and MFIP-R under chapter 256, MFIP-S under chapter 256J, and work first under chapter 256K; child care assistance provided through the child care fund according to chapter 119B; any form of medical assistance under chapter 256B; MinnesotaCare under chapter 256 256L; and foster care as provided under title IV-E of the Social Security Act.

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

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

Sec. 2. Minnesota Statutes 1996, section 257.64, subdivision 3, is amended to read:

Subd. 3. 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. Any objection to blood or genetic testing results must be made in writing no later than 15 days before any hearing at which time the results may be introduced into evidence. Test results served upon a party must include a notice of this right to object. Thereafter the court shall make an appropriate final recommendation. If a party refuses to accept the final recommendation the action shall be set for trial.

Sec. 3. Minnesota Statutes 1997 Supplement, section 518.54, subdivision 6, is amended to read:

Subd. 6. [INCOME.] "Income" means any form of periodic payment to an individual including, but not limited to, wages, salaries, payments to an independent contractor, workers' compensation, reemployment insurance, annuity, military and naval retirement, pension and disability payments. Benefits received under Title IV-A of the Social Security Act and chapter 256J are not income under this section.

Sec. 4. Minnesota Statutes 1996, section 518.54, is amended by adding a subdivision to read:

Sec. 5. Minnesota Statutes 1996, section 518.551, subdivision 1, is amended to read:

Subdivision 1. [SCOPE; PAYMENT TO PUBLIC AGENCY.] (a) This section applies to all proceedings involving an award of child a support order, including, but not limited to, a support order establishing an order for past support or reimbursement of public assistance.

(b) The court shall direct that all payments ordered for maintenance and support be made to the public agency responsible for child support enforcement so long as the obligee is receiving or has applied for public assistance, or has applied for child support and maintenance collection services. Public authorities responsible for child support enforcement may act on behalf of other public authorities responsible for child support enforcement. This includes the authority to represent the legal interests of or execute documents on behalf of the other public authority in connection with the establishment, enforcement, and collection of child support, maintenance, or medical support, and collection on judgments. Amounts received by the public agency responsible for child support enforcement greater than the amount granted to the obligee shall be remitted to the obligee.

Sec. 6. Minnesota Statutes 1996, section 518.551, subdivision 5, is amended to read:

Subd. 5. [NOTICE TO PUBLIC AUTHORITY; GUIDELINES.] (a) The petitioner shall notify the public authority of all proceedings for dissolution, legal separation, determination of parentage or for the custody of a child, if either party is receiving aid to families with dependent children public assistance or applies for it subsequent to the commencement of the proceeding. The notice must contain the full names of the parties to the proceeding, their social security account numbers, and their birth dates. After receipt of the notice, the court shall set child support as provided in this subdivision. The court may order either or both parents owing a duty of support to a child of the marriage to pay an amount reasonable or necessary for the child's support, without regard to marital misconduct. The court shall approve a child support stipulation of the parties if each party is represented by independent counsel, unless the stipulation does not meet the conditions of paragraph (i). In other cases the court shall determine and order child support in a specific dollar amount in accordance with the guidelines and the other factors set forth in paragraph (c) and any departure therefrom. The court may also order the obligor to pay child support in the form of a percentage share of the obligor's net bonuses, commissions, or other forms of compensation, in addition to, or if the obligor receives no base pay, in lieu of, an order for a specific dollar amount.

(b) The court shall derive a specific dollar amount for child support by multiplying the obligor's net income by the percentage indicated by the following guidelines:

Net Income Per Number of Children

Month of Obligor

1 2 3 4 5 6 7 or

more

$550 and Below Order based on the ability of theobligor to provide support

at these income levels, or at higher levels, if the obligor

has the earning ability.

$551 - 600 16% 19% 22% 25% 28% 30% 32%

$601 - 650 17% 21% 24% 27% 29% 32% 34%

$651 - 700 18% 22% 25% 28% 31% 34% 36%

$701 - 750 19% 23% 27% 30% 33% 36% 38%

$751 - 800 20% 24% 28% 31% 35% 38% 40%

$801 - 850 21% 25% 29% 33% 36% 40% 42%

$851 - 900 22% 27% 31% 34% 38% 41% 44%

$901 - 950 23% 28% 32% 36% 40% 43% 46%

$951 - 1000 24% 29% 34% 38% 41% 45% 48%

$1001- 5000 25% 30% 35% 39% 43% 47% 50%

or the amount in effect under

Guidelines for support for an obligor with a monthly income in excess of the income limit currently in effect under paragraph (k) shall be the same dollar amounts as provided for in the guidelines for an obligor with a monthly income equal to the limit in effect.

Net Income defined as:

Total monthly

income less *(I) Federal Income Tax

*(ii) State Income Tax

(iii) Social Security

Deductions

(iv) Reasonable

Pension Deductions

*Standard Deductions apply- (v) Union Dues

use of tax tables (vi) Cost of Dependent Health

recommended Insurance Coverage

(vii) Cost of Individual or Group

Health/Hospitalization

Coverage or an Amount for

Actual Medical Expenses

(viii) A Child Support or

Maintenance Order that is

Currently Being Paid.

"Net income" does not include:

(1) the income of the obligor's spouse, but does include in-kind payments received by the obligor in the course of employment, self-employment, or operation of a business if the payments reduce the obligor's living expenses; or

(2) compensation received by a party for employment in excess of a 40-hour work week, provided that:

(i) support is nonetheless ordered in an amount at least equal to the guidelines amount based on income not excluded under this clause; and

(ii) the party demonstrates, and the court finds, that:

(A) the excess employment began after the filing of the petition for dissolution;

(B) the excess employment reflects an increase in the work schedule or hours worked over that of the two years immediately preceding the filing of the petition;

(C) the excess employment is voluntary and not a condition of employment;

(D) the excess employment is in the nature of additional, part-time or overtime employment compensable by the hour or fraction of an hour; and

(E) the party's compensation structure has not been changed for the purpose of affecting a support or maintenance obligation.

and federal tax credits available to the custodial parent. The actual cost paid for child care is the total amount received by the child care provider for the child or children of the obligor from the obligee or any public agency. The court shall require verification of employment or school attendance and documentation of child care expenses from the obligee and the public agency, if applicable. If child care expenses fluctuate during the year because of seasonal employment or school attendance of the obligee or extended periods of visitation with the obligor, the court shall determine child care expenses based on an average monthly cost. The amount allocated for child care expenses is considered child support but is not subject to a cost-of-living adjustment under section 518.641. The amount allocated for child care expenses terminates when either party notifies the public authority that the child care costs have ended and without any legal action on the part of either party. The public authority shall verify the information received under this provision before authorizing termination. The termination is effective as of the date of the notification. In other cases where there is a substantial increase or decrease in child care expenses, the parties may modify the order under section 518.64.

The court may allow the noncustodial parent to care for the child while the custodial parent is working, as provided in section 518.175, subdivision 8. Allowing the noncustodial parent to care for the child under section 518.175, subdivision 8, is not a reason to deviate from the guidelines.

(c) In addition to the child support guidelines, the court shall take into consideration the following factors in setting or modifying child support or in determining whether to deviate from the guidelines:

(1) all earnings, income, and resources of the parents, including real and personal property, but excluding income from excess employment of the obligor or obligee that meets the criteria of paragraph (b), clause (2)(ii);

(2) the financial needs and resources, physical and emotional condition, and educational needs of the child or children to be supported;

(3) the standard of living the child would have enjoyed had the marriage not been dissolved, but recognizing that the parents now have separate households;

(4) which parent receives the income taxation dependency exemption and what financial benefit the parent receives from it;

(5) the parents' debts as provided in paragraph (d); and

(6) the obligor's receipt of public assistance under section 256.72 to 256.87 or 256B.01 to 256B.40.

Further, if a child receives a child's insurance benefit under United States Code, title 42, section 402, because the obligor is entitled to old age or disability insurance benefits, the amount of support ordered shall be reduced by the amount of the child's benefit received under United States Code, title 42, section 402.

(d) In establishing or modifying a support obligation, the court may consider debts owed to private creditors, but only if:

(1) the right to support has not been assigned under section 256.74;

(2) the court determines that the debt was reasonably incurred for necessary support of the child or parent or for the necessary generation of income. If the debt was incurred for the necessary generation of income, the court shall consider only the amount of debt that is essential to the continuing generation of income; and

(3) the party requesting a departure produces a sworn schedule of the debts, with supporting documentation, showing goods or services purchased, the recipient of them, the amount of the original debt, the outstanding balance, the monthly payment, and the number of months until the debt will be fully paid.

(f) Any further departure below the guidelines that is based on a consideration of debts owed to private creditors shall not exceed 18 months in duration, after which the support shall increase automatically to the level ordered by the court. Nothing in this section shall be construed to prohibit one or more step increases in support to reflect debt retirement during the 18-month period.

(g) If payment of debt is ordered pursuant to this section, the payment shall be ordered to be in the nature of child support.

(h) Nothing shall preclude the court from receiving evidence on the above factors to determine if the guidelines should be exceeded or modified in a particular case.

(i) The guidelines in this subdivision are a rebuttable presumption and shall be used in all cases when establishing or modifying child support. If the court does not deviate from the guidelines, the court shall make written findings concerning the amount of the obligor's income used as the basis for the guidelines calculation and any other significant evidentiary factors affecting the determination of child support. If the court deviates from the guidelines, the court shall make written findings giving the amount of support calculated under the guidelines, the reasons for the deviation, and shall specifically address the criteria in paragraph (c) and how the deviation serves the best interest of the child. The court may deviate from the guidelines if both parties agree and the court makes written findings that it is in the best interests of the child, except that in cases where child support payments are assigned to the public agency under section 256.74, the court may deviate downward only as provided in paragraph (j). Nothing in this paragraph prohibits the court from deviating in other cases. The provisions of this paragraph apply whether or not the parties are each represented by independent counsel and have entered into a written agreement. The court shall review stipulations presented to it for conformity to the guidelines and the court is not required to conduct a hearing, but the parties shall provide the documentation of earnings required under subdivision 5b.

(j) If the child support payments are assigned to the public agency under section 256.74, the court may not deviate downward from the child support guidelines unless the court specifically finds that the failure to deviate downward would impose an extreme hardship on the obligor.

(k) The dollar amount of the income limit for application of the guidelines must be adjusted on July 1 of every even-numbered year to reflect cost-of-living changes. The supreme court shall select the index for the adjustment from the indices listed in section 518.641. The state court administrator shall make the changes in the dollar amount required by this paragraph available to courts and the public on or before April 30 of the year in which the amount is to change.

Sec. 7. Minnesota Statutes 1997 Supplement, section 518.551, subdivision 5b, is amended to read:

Subd. 5b. [DETERMINATION OF INCOME.] (a) The parties shall timely serve and file documentation of earnings and income. When there is a prehearing conference, the court must receive the documentation of income at least ten days prior to the prehearing conference. Documentation of earnings and income also includes, but is not limited to, pay stubs for the most recent three months, employer statements, or statement of receipts and expenses if self-employed. Documentation of earnings and income also includes copies of each parent's most recent federal tax returns, including W-2 forms, 1099 forms, reemployment insurance statements, workers' compensation statements, and all other documents evidencing income as received that provide verification of income over a longer period.

(b) In addition to the requirements of paragraph (a), at any time after an action seeking child support has been commenced or when a child support order is in effect, a party or the public authority may require the other party to give them a copy of the party's most recent federal tax returns that were filed with the Internal Revenue Service. The party shall provide a copy of the tax returns within 30 days of receipt of the request unless the request is not made in good faith. A request under this paragraph may not be made more than once every two years, in the absence of good cause.

(d) If the court finds that a parent is voluntarily unemployed or underemployed or was voluntarily unemployed or underemployed during the period for which past support is being sought, child support shall be calculated based on a determination of imputed income. A parent is not considered voluntarily unemployed or underemployed upon a showing by the parent that the unemployment or underemployment: (1) is temporary and will ultimately lead to an increase in income; or (2) represents a bona fide career change that outweighs the adverse effect of that parent's diminished income on the child. Imputed income means the estimated earning ability of a parent based on the parent's prior earnings history, education, and job skills, and on availability of jobs within the community for an individual with the parent's qualifications.

(e) If the court is unable to determine or estimate the earning ability of a parent If there is insufficient information to determine actual income or to impute income pursuant to paragraph (d), the court may calculate child support based on full-time employment of 40 hours per week at 150 percent of the federal minimum wage or the Minnesota minimum wage, whichever is higher. If the court is unable to determine or estimate the earning ability of a parent, any medical support or child care contribution must be calculated based upon the obligor's proportionate share of the child care expenses using 40 hours per week at 150 percent of the federal minimum wage or the Minnesota minimum wage, whichever is higher. If a parent is a recipient of public assistance under section 256.741, or is physically or mentally incapacitated, it shall be presumed that the parent is not voluntarily unemployed or underemployed.

(e) (f) Income from self employment is equal to gross receipts minus ordinary and necessary expenses. Ordinary and necessary expenses do not include amounts allowed by the Internal Revenue Service for accelerated depreciation expenses or investment tax credits or any other business expenses determined by the court to be inappropriate for determining income for purposes of child support. The person seeking to deduct an expense, including depreciation, has the burden of proving, if challenged, that the expense is ordinary and necessary. Net income under this section may be different from taxable income.

Sec. 8. Minnesota Statutes 1996, section 518.551, is amended by adding a subdivision to read:

Subd. 5f. [SUBSEQUENT CHILDREN.] The needs of subsequent children shall not be factored into a support guidelines calculation under subdivision 5. The fact that an obligor had additional children after the entry of a child support order is not grounds for a modification to decrease the amount of support owed. However, the fact that an obligor has subsequent children shall be considered in response to a request by an obligee for a modification to increase child support. In order to deviate from the support guidelines in subdivision 5 to consider the needs of subsequent children, the trial court must:

(1) find the obligor's total ability to contribute to dependent children, taking into account the obligor's income and reasonable expenses exclusive of child care. The obligor's expenses must be:

(i) reduced as appropriate to take into account contributions to those costs by other adults who share the obligor's current household; and

(ii) apportioned between the parent and any subsequent child with regard to shared benefits, including but not limited to, housing and transportation;

(2) find the total needs of all the obligor's children, and if these needs are less than the obligor's ability to pay, the needs may become the obligor's child support obligation. When considering the needs of subsequent children, the trial court must reduce those amounts as appropriate to take into account the ability to contribute to those needs by another parent of the children;

(3) make specific findings on the needs of the child or children who are the subject of the support order under consideration; and

Sec. 9. Minnesota Statutes 1996, section 518.551, subdivision 9, is amended to read:

Subd. 9. [ASSIGNMENT OF RIGHTS; JUDGMENT.] The public agency responsible for child support enforcement is joined as a party in each case in which rights are assigned under section 256.74 256.741, subdivision 5 2. The court administrator shall enter and docket a judgment obtained by operation of law under section 548.091, subdivision 1, in the name of the public agency to the extent that the obligation has been assigned. When arrearages are reduced to judgment under circumstances in which section 548.091 is not applicable, the court shall grant judgment in favor of, and in the name of, the public agency to the extent that the arrearages are assigned. After filing notice of an assignment with the court administrator, who shall enter the notice in the docket, the public agency may enforce a judgment entered before the assignment of rights as if the judgment were granted to it, and in its name, to the extent that the arrearages in that judgment are assigned.

Sec. 10. Minnesota Statutes 1997 Supplement, section 518.5511, subdivision 2, is amended to read:

Subd. 2. [UNCONTESTED ADMINISTRATIVE PROCEEDING.] (a) Following the initiation of the administrative process under subdivision 1, paragraph (c) or (d), the public authority shall, on the basis of all information available, complete and sign a proposed order and notice. The public authority shall attach a support order worksheet. In preparing the proposed order, the public authority will establish child support in the highest amount permitted under section 518.551, subdivision 5. The proposed order shall include written findings in accordance with section 518.551, subdivision 5, clauses (i) and (j). If the public authority has incomplete or insufficient information upon which to prepare a proposed order, the public authority shall use the default standard established in section 518.551, subdivision 5b, paragraph (d), to prepare the proposed order. The notice shall state that the proposed order will be entered as a final and binding default order unless one of the parties contacts the public authority regarding the proposed order within 30 days following the date of service of the proposed order. The notice and proposed order shall be served under the rules of civil procedure on the noninitiating party and by first class mail on the initiating party. After receipt of the notice and proposed order, the court administrator shall file the documents.

For the purposes of the administrative process, and notwithstanding any law or rule to the contrary, the service of the proposed order under this paragraph shall be deemed to have commenced a proceeding and the judge shall have jurisdiction over a contested administrative proceeding.

(b) If the public authority is not contacted by a party within 30 days after the date of service of the proposed order, the public authority may submit the proposed order as the default order. The default order becomes enforceable upon signature by an administrative law judge. The default order shall be a final order, and shall be served under the rules of civil procedure.

(c) If the public authority obtains new information after service of the proposed order, the public authority may prepare one notice and revised proposed order. The revised order must be served by first class mail on the parties. If the public authority is not contacted within seven days after the date of service of the revised order, the public authority may submit the revised order as a default order but in no event sooner than 30 days after the service of the original proposed order.

(d) The public authority shall file in the district court copies of all notices served on the parties, proof of service, the support order worksheet, and all orders.

Sec. 11. Minnesota Statutes 1997 Supplement, section 518.6111, subdivision 8, is amended to read:

Subd. 8. [CONTEST.] (a) The obligor may contest withholding under subdivision 7 on the limited grounds that the withholding or the amount withheld is improper due to mistake of fact. If the obligor chooses to contest the withholding, the obligor must do so no later than 15 days after the employer commences withholding, by doing all of the following:

(1) file a request for contested hearing according to section 518.5511, subdivision 4 3a, and include in the request the alleged mistake of fact;

(3) secure a date for the contested hearing no later than 45 days after receiving notice that withholding has commenced.

(b) The income withholding must remain in place while the obligor contests the withholding.

(c) If the court finds a mistake in the amount of the arrearage to be withheld, the court shall continue the income withholding, but it shall correct the amount of the arrearage to be withheld.

Sec. 12. Minnesota Statutes 1997 Supplement, section 518.6111, subdivision 14, is amended to read:

Subd. 14. [TERMINATION BY THE PUBLIC AUTHORITY.] If the public authority determines that income withholding is no longer applicable, the public authority shall notify the obligee and the obligor of intent to terminate income withholding.

Five days following notification to the obligee and obligor, the public authority shall issue a notice to the payor of funds terminating income withholding, without a requirement for a court order unless the obligee has requested a contested hearing under section 518.5511, subdivision 4 3a.

Sec. 13. Minnesota Statutes 1997 Supplement, section 518.615, subdivision 1, is amended to read:

Subdivision 1. [ORDERS BINDING.] Notices or orders for income withholding or medical support orders issued pursuant to sections 518.171 and 518.6111 are binding on the employer, trustee, or other payor of funds after the order and or notice of for income withholding or enforcement of medical support has been served on transmitted pursuant to section 518.6111, to the employer, trustee, or payor of funds.

Sec. 14. Minnesota Statutes 1996, section 518.615, subdivision 2, is amended to read:

Subd. 2. [CONTEMPT ACTION.] An obligee or the public agency responsible for child support enforcement may initiate a contempt action against an employer, trustee, or payor of funds, within the action that created the support obligation, by serving an order to show cause upon the employer, trustee, or payor of funds.

The employer, trustee, or payor of funds is presumed to be in contempt:

(1) if the employer, trustee, or payor of funds has intentionally failed to withhold support after receiving the order and or notice of for income withholding or notice of enforcement of medical support; or

(2) upon presentation of pay stubs or similar documentation showing the employer, trustee, or payor of funds withheld support and demonstration that the employer, trustee, or payor of funds intentionally failed to remit support to the agency responsible for child support enforcement.

Sec. 15. Minnesota Statutes 1997 Supplement, section 518.6195, is amended to read:

518.6195 [COLLECTION; ARREARS ONLY.]

(a) Remedies available for the collection and enforcement of support in this chapter and chapters 256, 257, and 518C also apply to cases in which the child or children for whom support is owed are emancipated and the obligor owes past support or has an accumulated arrearage as of the date of the youngest child's emancipation. Child support arrearages under this section include arrearages for child support, medical support, child care, pregnancy and birth expenses, and unreimbursed medical expenses as defined in section 518.171.

(b) This section applies retroactively to any support arrearage that accrued on or before the date of enactment and to all arrearages accruing after the date of enactment.

Sec. 16. Minnesota Statutes 1997 Supplement, section 518.64, subdivision 2, is amended to read:

Subd. 2. [MODIFICATION.] (a) The terms of an order respecting maintenance or support may be modified upon a showing of one or more of the following: (1) substantially increased or decreased earnings of a party; (2) substantially increased or decreased need of a party or the child or children that are the subject of these proceedings; (3) receipt of assistance under sections 256.72 to 256.87 or 256B.01 to 256B.40; (4) a change in the cost of living for either party as measured by the federal bureau of statistics, any of which makes the terms unreasonable and unfair; (5) extraordinary medical expenses of the child not provided for under section 518.171; or (6) the addition of work-related or education-related child care expenses of the obligee or a substantial increase or decrease in existing work-related or education-related child care expenses.

On a motion to modify support, the needs of any child the obligor has after the entry of the support order that is the subject of a modification motion shall be considered as provided by section 518.551, subdivision 5f.

(b) It is presumed that there has been a substantial change in circumstances under paragraph (a) and the terms of a current support order shall be rebuttably presumed to be unreasonable and unfair if:

(1) the application of the child support guidelines in section 518.551, subdivision 5, to the current circumstances of the parties results in a calculated court order that is at least 20 percent and at least $50 per month higher or lower than the current support order;

(2) the medical support provisions of the order established under section 518.171 are not enforceable by the public authority or the custodial parent;

(3) health coverage ordered under section 518.171 is not available to the child for whom the order is established by the parent ordered to provide; or

(4) the existing support obligation is in the form of a statement of percentage and not a specific dollar amount.

(c) On a motion for modification of maintenance, including a motion for the extension of the duration of a maintenance award, the court shall apply, in addition to all other relevant factors, the factors for an award of maintenance under section 518.552 that exist at the time of the motion. On a motion for modification of support, the court:

(1) shall apply section 518.551, subdivision 5, and shall not consider the financial circumstances of each party's spouse, if any; and

(2) shall not consider compensation received by a party for employment in excess of a 40-hour work week, provided that the party demonstrates, and the court finds, that:

(i) the excess employment began after entry of the existing support order;

(ii) the excess employment is voluntary and not a condition of employment;

(iii) the excess employment is in the nature of additional, part-time employment, or overtime employment compensable by the hour or fractions of an hour;

(iv) the party's compensation structure has not been changed for the purpose of affecting a support or maintenance obligation;

(v) in the case of an obligor, current child support payments are at least equal to the guidelines amount based on income not excluded under this clause; and

(d) A modification of support or maintenance may be made retroactive only with respect to any period during which the petitioning party has pending a motion for modification but only from the date of service of notice of the motion on the responding party and on the public authority if public assistance is being furnished or the county attorney is the attorney of record. However, modification may be applied to an earlier period if the court makes express findings that:

(1) the party seeking modification was precluded from serving a motion by reason of a significant physical or mental disability, a material misrepresentation of another party, or fraud upon the court and that the party seeking modification, when no longer precluded, promptly served a motion;

(2) the party seeking modification was a recipient of federal Supplemental Security Income (SSI), Title II Older Americans, Survivor's Disability Insurance (OASDI), other disability benefits, or public assistance based upon need during the period for which retroactive modification is sought; or

(3) the order for which the party seeks amendment was entered by default, the party shows good cause for not appearing, and the record contains no factual evidence, or clearly erroneous evidence regarding the individual obligor's ability to pay.

The court may provide that a reduction in the amount allocated for child care expenses based on a substantial decrease in the expenses is effective as of the date the expenses decreased.

(e) Except for an award of the right of occupancy of the homestead, provided in section 518.63, all divisions of real and personal property provided by section 518.58 shall be final, and may be revoked or modified only where the court finds the existence of conditions that justify reopening a judgment under the laws of this state, including motions under section 518.145, subdivision 2. The court may impose a lien or charge on the divided property at any time while the property, or subsequently acquired property, is owned by the parties or either of them, for the payment of maintenance or support money, or may sequester the property as is provided by section 518.24.

(f) The court need not hold an evidentiary hearing on a motion for modification of maintenance or support.

(g) Section 518.14 shall govern the award of attorney fees for motions brought under this subdivision.

Sec. 17. [518.642] [OVERPAYMENTS.]

If child support or maintenance is not assigned under section 256.741, and an obligor has overpaid a child support or maintenance obligation because of a modification or error in the amount owed, the public authority shall:

(1) apply the amount of the overpayment to reduce the amount of any child support or maintenance-related arrearages or debts owed to the obligee; and

(2) if an overpayment exists after the reduction of any arrearage or debt, reduce the amount of the child support remitted to the obligee by an amount no greater than 20 percent of the current monthly support or maintenance obligation and remit this amount to the obligor until the overpayment is reduced to zero.

Sec. 18. Minnesota Statutes 1997 Supplement, section 552.04, subdivision 4, is amended to read:

Subd. 4. [SERVICE OF THIRD PARTY LEVY; NOTICE AND DISCLOSURE FORMS.] When levying upon money owed to the judgment debtor by a third party, the public authority shall serve a copy of the notice of support judgment levy upon the third party either by registered or certified mail, or by personal service, or by electronic transmission. Along with a copy of the notice of support judgment levy, the public authority shall serve upon the third party a notice of support judgment levy and disclosure form that must be substantially in the form set forth below.

File No. . . . . . . . . . . .

. . . . . . . . (Public authority)

against NOTICE OF SUPPORT JUDGMENT

. . . . . . . . (Judgment Debtor) LEVY AND DISCLOSURE

and (OTHER THAN EARNINGS)

PLEASE TAKE NOTICE that pursuant to Minnesota Statutes, chapters 518 and 522, the undersigned, as representative of the public authority responsible for child support enforcement, makes demand and levies execution upon all money due and owing by you to the judgment debtor for the amount of the judgment specified below. A copy of the notice of support judgment levy is enclosed. The unpaid judgment balance is $. . . . . .

In responding to this levy, you are to complete the attached disclosure form and mail it to the public authority, together with your check payable to the public authority, for the nonexempt amount owed by you to the judgment debtor or for which you are obligated to the judgment debtor, within the time limits in chapter 552.

Public Authority

Address

(. . . . . . . . )

Phone number

On the . . . day of . . . . . . , 19. . . , the time of service of the execution levy herein, there was due and owing the judgment debtor from the third party the following:

(1) Money. Enter on the line below any amounts due and owing the judgment debtor, except earnings, from the third party.

. . . . . . . . . . . . . . . . . . . . . . . . .

(2) Setoff. Enter on the line below the amount of any setoff, defense, lien, or claim which the third party claims against the amount set forth on line (1). State the facts by which the setoff, defense, lien, or claim is claimed. (Any indebtedness to you incurred by the judgment debtor within ten days prior to the receipt of the first execution levy on a debt may not be claimed as a setoff, defense, lien, or claim against the amount set forth on line (1).)

. . . . . . . . . . . . . . . . . . . . . . . . .

(3) Exemption. Enter on the line below any amounts or property claimed by the judgment debtor to be exempt from execution.

. . . . . . . . . . . . . . . . . . . . . . . . .

(4) Adverse Interest. Enter on the line below any amounts claimed by other persons by reason of ownership or interest in the judgment debtor's property.

. . . . . . . . . . . . . . . . . . . . . . . . .

(5) Enter on the line below the total of lines (2), (3), and (4).

. . . . . . . . . . . . . . . . . . . . . . . . .

(6) Enter on the line below the difference obtained (never less than zero when line (5) is subtracted from the amount on line (1)).

. . . . . . . . . . . . . . . . . . . . . . . . .

(7) Enter on the line below 100 percent of the amount of the public authority's claim which remains unpaid.

. . . . . . . . . . . . . . . . . . . . . . . . .

(8) Enter on the line below the lesser of line (6) and line (7). You are instructed to remit this amount only if it is $10 or more.

I, . . . . . . . . . . (person signing Affirmation), am the third party or I am authorized by the third party to complete this nonearnings disclosure, and have done so truthfully and to the best of my knowledge.

Dated: . . . . . . . . . . Signature

. . . . . . . . . .

Title

. . . . . . . . . .

Telephone Number

Sec. 19. Laws 1995, chapter 257, article 1, section 34, is amended to read:

Sec. 34. [REPORT.]

The commissioner of human services shall evaluate all child support programs and enforcement mechanisms. The evaluation must include a cost-benefit analysis of each program or enforcement mechanism, and information related to which programs produce the highest revenue, reduce arrears, avoid litigation, and result in the best outcome for children and their parents.

The reports related to the provisions in this chapter are due two years after the implementation date. All other reports on existing programs and enforcement mechanisms are due January 15, 1997 to determine the following:

(1) Minnesota's performance on the child support and incentive measures submitted by the federal Office of Child Support to the United States Congress;

(2) Minnesota's performance relative to other states;

(3) individual county performance; and

(4) recommendations for further improvement.

The first report on these topics shall be submitted to the legislature by January 1, 1999, and subsequent reports shall be submitted biennially before January 15 of each odd-numbered year.

Sec. 20. Laws 1997, chapter 203, article 6, section 90, is amended to read:

Sec. 90. [CHILD SUPPORT ENFORCEMENT PROGRAM; SERVICES DELIVERY STUDY.]

The commissioner of human services, in consultation with the commissioner's advisory committee, shall conduct a study of the overall state child support enforcement delivery system and shall recommend to the legislature a program design that will best meet the following goals:

(1) comply with all state and federal laws and regulations;

(2) deliver child support and paternity services in a timely manner;

(3) meet federal performance criteria;

(4) provide respectful and efficient service to custodial and noncustodial parents;

(5) make efficient use of public money funding the program; and

The study may make specific recommendations regarding staffing, training, program administration, customer access to services, use of technology, and other features of a successful child support program. The commissioner may contract with a private vendor to complete the study. The commissioner shall provide the study and recommendations to the legislature by July 1, 1998 December 1, 1998.

Section 1. Minnesota Statutes 1996, section 518.13, subdivision 5, is amended to read:

Subd. 5. [APPROVAL WITHOUT HEARING.] Proposed findings of fact, conclusions of law, order for judgment, and judgment and decree must be submitted to the court for approval and filing without a final hearing in the following situations:

(1) if there are no minor children of the marriage, and (i) the parties have entered into a written stipulation, or (ii) the respondent has not appeared after service duly made and proved by affidavit and at least 20 days have elapsed since the time for answering under section 518.12 expired; or

(2) if there are minor children of the marriage, the parties have signed and acknowledged a stipulation, and all parties are represented by counsel. In cases in which there are minor children, stipulations must include a signed, notarized verification that the parties are aware of the parenting plan option in section 518.152.

Notwithstanding clause (1) or (2), the court shall schedule the matter for hearing in any case where the proposed judgment and decree does not appear to be in the best interests of the minor children or is contrary to the interests of justice.

Sec. 2. [518.152] [PARENTING PLAN.]

Subdivision 1. [POLICY.] The public policy of this state is to encourage parents, in all proceedings for marriage dissolution, annulment, or legal separation, to reach their own agreement concerning the upbringing of their children, consistent with the best interests of the child. Courts shall develop procedures to assist the parents to reach their own agreement with minimal court involvement.

Subd. 2. [DEFINITIONS.] (a) The following definitions apply to this section.

(b) "Parenting plan" means a plan developed and agreed to by both parents determining:

(1) parenting obligations;

(2) parental decision-making authority; and

(3) a parenting schedule.

(c) "Parenting obligations" means the duties of each parent concerning the child's upbringing, including daily care, education, health care, religious training, and other parental duties.

(d) "Parenting schedule" means the parenting plan provisions regarding time a child spends with each parent, as well as transportation arrangements and provisions for exchange of the child between parents.

(e) "Parental decision making" means designation in a parenting plan of mutual, primary, limited, or no responsibility for decisions regarding the following issues:

(1) education, health care, and religious training;

(3) consistent discipline and behavioral consequences;

(4) the child's changing developmental needs;

(5) the special needs of a child;

(6) professional resources for the child;

(7) the time, place, or manner of communication between the parents;

(8) the child's relationship with grandparents and other significant persons;

(9) deviations from the regular parenting schedule;

(10) future resolution of parental conflict; and

(11) any other issues pertaining to the child.

Subd. 3. [PARENTS MAY ENTER.] (a) Notwithstanding section 518.17, subdivision 3, paragraph (a), in all proceedings for marriage dissolution, annulment, or legal separation, parents may execute a parenting plan in lieu of establishing custody and visitation rights under this chapter, as long as the document clearly defines the terms of the parties' agreement. Parents who reach agreement on a parenting plan shall submit it to the court. The court shall approve the parenting plan unless it makes specific findings about why the parenting plan is not approved. The agreement must specify that the parties waive the right to seek a custody or visitation order or any court order modifying the agreement except as otherwise provided by this chapter or chapter 518B.

The provisions of section 518.18 apply to modification of parenting plans. In addition, a party may request a modification of the parenting plan earlier than one year after the date of the entering of a decree of dissolution or legal separation or an order containing a provision dealing with custody if there is a persistent and willful denial of or interference with the parenting schedule in the parenting plan.

Subd. 4. [PARENTING PLAN OPTION.] Parties who have a custody and visitation order may agree on a parenting plan to replace those orders by complying with this section.

Sec. 3. Minnesota Statutes 1996, section 518.17, subdivision 3, is amended to read:

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 or as otherwise addressed in a parenting plan entered by the parties under section 518.152;

(2) their physical custody and residence or as otherwise addressed in a parenting plan entered by the parties under section 518.152; 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.

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.

(c) Solely for the purposes of interpreting or applying state, federal, tribal, and international law which provides or requires a designation or determination of custody, a parenting plan under section 518.152 shall designate a parent as custodian. The parent with whom the child is scheduled to reside a majority of the time may be designated the custodian, or the parents may agree that they shall be designated joint legal or physical custodians, if they set forth the reasons for this agreement. This designation shall not affect either parent's rights and responsibilities under the parenting plan or support order.

Section 1. [518D.01] [PARENTING PLANS; APPLICATION.]

This chapter takes effect in a judicial district upon its adoption by a majority vote of the judges of that district, and upon subsequent approval by the supreme court. Upon adoption, this chapter applies to all proceedings commenced on and after the date of adoption in the judicial district. Adoption of this chapter may be rescinded by a majority vote of the judges in the district and the subsequent approval of the supreme court. Rescission shall be prospective in effect, and the provisions of this chapter shall continue to apply to proceedings commenced before rescission.

Sec. 2. [518D.02] [DEFINITIONS.]

(a) Unless otherwise agreed by the parties, the terms used in this chapter have the meanings given in this section.

(b) "Parenting plan" means a court-ordered or court-approved plan determining:

(1) parenting obligations;

(2) parental decision-making authority; and

(3) a parenting schedule.

(c) "Parenting obligations" means the duties of each parent or acting parent concerning the child's upbringing, including daily care, education, health care, religious training, and other parental duties.

(d) "Parenting schedule" means the parenting plan provisions regarding time a child spends with each parent, as well as transportation arrangements and provisions for exchange of the child between parents, including restrictions, such as supervised parenting.

(e) "Parental decision making" means designation in a parenting plan of mutual, primary, limited, or no responsibility for decisions regarding the following issues:

(1) education, health care, and religious training;

(2) the child's daily care, schoolwork and activities, participation in religious activities, and extra-curricular activities;

(3) consistent discipline and behavioral consequences;

(4) the child's changing developmental needs;

(6) professional resources for the child;

(7) the time, place, or manner of communication between the parents;

(8) the child's relationship with grandparents and other significant persons;

(9) deviations from the regular parenting schedule;

(10) future resolution of parental conflict; and

(11) any other issues pertaining to the child.

All parenting plans must include a designation of responsibility for decisions regarding the issues in clauses (1) to (3) and may include a designation of responsibility for decisions regarding the issues in clauses (4) to (11).

There is a presumption, subject to the best interests of the child, that both parents shall have rights and responsibilities to participate in these decisions, though not necessarily equal rights and responsibilities. However, the court shall use a presumption that it is not in the best interests of the child for both parents to have substantially equal rights and responsibilities to participate in these decisions or to have substantially equal parenting time if domestic abuse, as defined in section 518B.01, has occurred between the parties. If domestic abuse, as defined in section 518B.01, has occurred, the parenting plan shall include appropriate provisions for the protection of the child consistent with the provisions of chapter 518.

(f) "Parenting proceeding" includes proceedings in which a parenting plan is at issue, such as an action for dissolution, divorce, or separation, and includes proceedings involving children who are in need of protection or services, domestic abuse, and paternity, but does not include a proceeding under section 256.87.

(g) "Acting parent" is a person other than a parent who has parenting obligations and rights under a parenting plan.

(h) "Professional parenting plan evaluator" means someone who has at a minimum postdegree training in domestic violence issues and experience in domestic violence work; and:

(1) before the effective date of this section was serving as a court services or county personnel; or

(2) began serving after the effective date of this section, and, whether or not serving as county or court services personnel, has the following qualifications:

(i) a master's degree in family social science, child development and family relations, family science, counseling, social work, psychology, human development, counseling psychology, marriage family counseling, or family systems; and

(ii) a minimum of three years full-time professional experience working with families.

(i) "Mediation" means a process in which an impartial third party facilitates an agreement between two or more parties in a proceeding under this chapter.

Sec. 3. [518D.03] [TITLES OF PROCEEDINGS.]

A proceeding for dissolution of marriage, legal separation, or annulment shall be entitled "In re the Marriage of . . . . . and . . . . . ." A parenting proceeding shall be entitled "In re the (Parenting Plan) of . . . . . ."

Sec. 4. [518D.04] [SUMMONS; SPECIAL PROVISIONS.]

(b) RESOURCES ARE AVAILABLE TO ASSIST YOU IN REDUCING THE CONFLICT OF DIVORCE. YOU ARE REQUIRED TO CONSIDER MEDIATION OR ALTERNATIVE DISPUTE RESOLUTION. YOU MAY CONTACT THE COURT ADMINISTRATOR ABOUT RESOURCES IN YOUR AREA. IF YOU CANNOT PAY FOR MEDIATION OR ALTERNATIVE DISPUTE RESOLUTION, ASSISTANCE MAY BE AVAILABLE TO YOU THROUGH THE DISTRICT COURT OR A NONPROFIT PROVIDER. IF YOU ARE A VICTIM OF DOMESTIC ABUSE, YOU ARE NOT REQUIRED TO TRY MEDIATION AND YOU WILL NOT BE PENALIZED BY THE COURT IN LATER PROCEEDINGS.

(c) The provisions of paragraph (b) need not be included in a published summons.

Sec. 5. [518D.05] [TEMPORARY ORDERS AND RESTRAINING ORDERS.]

Subdivision 1. [CONTENTS OF ORDER.] In a parenting proceeding, dissolution, or legal separation, or a proceeding 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:

(1) a temporary parenting plan for the minor children of the parties;

(2) temporary maintenance of either spouse;

(3) temporary child support for the children of the parties;

(4) temporary costs and reasonable attorney fees;

(5) award the temporary use and possession, exclusive or otherwise, of the family home, furniture, household goods, automobiles, and other property of the parties;

(6) 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;

(7) 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;

(8) restrain one or both parties from removing any minor child of the parties from the jurisdiction of the court;

(9) exclude a party from the family home of the parties or from the home of the other party; and

(10) 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. [PROHIBITED TERMS.] A temporary order may not:

(1) deny a parent the right to participate in a parenting schedule unless the court finds that participation by that parent is likely to cause physical or emotional harm to the child;

(2) 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

Subd. 3. [EX PARTE ORDERS.] 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 it may not:

(1) exclude either party from the family home of the parties except upon a finding by the court of immediate danger of physical harm to the other party or the children of either party; or

(2) deny participation in a parenting schedule 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. [SERVICE; HEARINGS.] A restraining order must be personally served upon the party to be restrained and must be accompanied by 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. If a restraining order has been issued, a hearing on the temporary order must 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 continues 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.] A temporary order continues 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.] If a proceeding for dissolution or legal separation is dismissed, a temporary order which includes a parenting plan is vacated unless one of the parties or the child's acting parent moves that the proceeding continue as a parenting proceeding and the court finds, after a hearing, that the circumstances of the parties and the best interests of the child require a parenting plan.

Subd. 7. [GUIDANCE.] The court shall be guided by the factors set forth in sections 518.551 (concerning child support), 518.552 (concerning maintenance), 518D.13 and 518D.14 (concerning parenting plans), and 518.14 (concerning costs and attorney fees) in making temporary orders and restraining orders.

Subd. 8. [BASIS FOR ORDER.] Temporary orders must 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. [EFFECT OF ORDER; REVOCATION; MODIFICATION.] A temporary order or restraining order:

(1) does not prejudice the rights of the parties or the child which are to be adjudicated at subsequent hearings in the proceeding; and

(2) 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 (6), (7), or (8), is a misdemeanor.

Sec. 6. [518D.06] [PARENTING PLAN DETERMINATIONS.]

Notwithstanding any law to the contrary, a court in which a proceeding for dissolution, legal separation, or a parenting plan has been commenced shall not issue, revise, modify, or amend any order, pursuant to section 518.131, 518.165, 518.168, 518.17, 518.175, or 518.18, which affects the parenting plan of a minor child unless the court has jurisdiction over the matter pursuant to the provisions of sections 518A.01 to 518A.25.

Sec. 7. [518D.07] [COMMENCEMENT OF PARENTING PROCEEDING.]

Subdivision 1. [PROCEDURE.] In a court of this state which has jurisdiction to order a parenting plan, a parenting proceeding is commenced:

(i) by filing a petition for dissolution or legal separation; or

(ii) if a decree of dissolution or legal separation has been entered or if none is sought, or when paternity has been recognized under section 257.75, by filing a petition or motion seeking a parenting plan regarding the child in the county where the child is permanently resident or where the child is found or where an earlier order for a parenting plan regarding the child has been entered; or

(2) by a person other than a parent, if a decree of dissolution or legal separation has been entered or if none is sought by filing a petition or motion seeking a parenting order regarding the child in the county where the child is permanently resident or where the child is found or where an earlier parenting order regarding the child has been entered. A person seeking to participate in a parenting schedule pursuant to this paragraph must qualify under one of the provisions of section 257.022.

Subd. 2. [WRITTEN NOTICE; PARTIES.] Written notice of parenting proceedings must be given to the child's parent, guardian, and custodian, who may appear and be heard and may file a responsive pleading. The court may, upon a showing of good cause, permit the intervention of other interested parties.

Sec. 8. [518D.08] [PARENT EDUCATION PROGRAMS.]

In a judicial district where this chapter is in effect, the parent education programs required by section 518.157 shall address issues arising under parenting plans rather than issues raised by custody and visitation law.

Sec. 9. [518D.09] [GUARDIAN AD LITEM.]

Subdivision 1. [PERMISSIVE APPOINTMENT OF GUARDIAN AD LITEM.] In all parenting proceedings the court may appoint a guardian ad litem from a panel established by the court to represent the interests of the child. The guardian ad litem shall advise the court with respect to the parenting plan and support.

Subd. 2. [REQUIRED APPOINTMENT OF GUARDIAN AD LITEM.] In all parenting proceedings, if the court has reason to believe that the minor child is a victim of domestic child abuse or neglect, as those terms are defined in sections 260.015 and 626.556, respectively, the court shall appoint a guardian ad litem. The guardian ad litem shall represent the interests of the child and advise the court with respect to support and parenting plans. If the child is represented by a guardian ad litem in any other pending proceeding, the court may appoint that guardian to represent the child in the custody or visitation proceeding. No guardian ad litem need be appointed if the alleged domestic child abuse or neglect is before the court on a juvenile dependency and neglect petition. Nothing in this subdivision requires the court to appoint a guardian ad litem in any parenting proceeding in which an allegation of domestic child abuse or neglect has not been made.

Subd. 3. [RESPONSIBILITIES OF GUARDIAN AD LITEM.] A guardian ad litem shall carry out the following responsibilities:

(1) conduct an independent investigation to determine the facts relevant to the situation of the child and the family, which must include, unless specifically excluded by the court, reviewing relevant documents; meeting with and observing the child in the home setting and considering the child's wishes, as appropriate; and interviewing parents, caregivers, and others with knowledge relevant to the case; and return to the court a plan for the future care and parenting of the child that allows both parents to maintain a relationship with the child, unless that would be contrary to the best interests of the child;

(2) advocate for the child's best interests by participating in appropriate aspects of the case and advocating for appropriate community services when necessary;

(3) maintain the confidentiality of information related to a case, with the exception of sharing information as permitted by law to promote cooperative solutions that are in the best interests of the child;

(4) monitor the child's best interests throughout the judicial proceeding; and

Subd. 4. [FEES.] A guardian ad litem appointed under subdivision 1 or 2 may be appointed as a volunteer or on a fee basis. If a guardian ad litem is appointed on a fee basis, the court shall enter an order for costs, fees, and disbursements in favor of the child's guardian ad litem. The order may be made against either or both parties, except that any part of the costs, fees, or disbursements which the court finds the parties are incapable of paying shall be borne by the county in which the proceeding is being held. In no event may the court order that costs, fees, or disbursements be paid by a party receiving public assistance or legal assistance or by a party whose annual income falls below the poverty line as established under United States Code, title 42, section 9902(2).

Sec. 10. [518D.10] [INTERVIEWS.]

The court may interview the child in chambers to ascertain the child's views, preferences, or concerns about a proposed parenting plan if the court deems the child to be of sufficient age and maturity. The court shall permit counsel to be present at the interview and shall permit counsel to propound reasonable questions to the child either directly or through the court. The court shall cause a record of the interview to be made and to be made part of the record in the case unless waived by the parties.

Sec. 11. [518D.11] [INVESTIGATIONS AND REPORTS.]

Subdivision 1. [GENERAL.] In contested parenting proceedings, and in other parenting proceedings if a parent or the child's acting parent requests, the court may seek the services and recommendations of a professional parenting plan evaluator concerning the parenting plan for the child. The professional parenting plan evaluator may interview the child to learn the child's views, preferences, or concerns about a proposed parenting plan if the professional parenting plan evaluator deems the child to be of sufficient age and maturity. To the extent that a parent desires to be, or has been, involved in a child's life, the report must recommend a parenting plan that will permit both parents to continue to be involved parents in the life of the child, unless that would be contrary to the best interests of the child. There shall be no presumption in favor of joint physical custody or of scheduling the child to reside an equal amount of time with each parent.

Subd. 2. [PREPARATION.] (a) In preparing a report concerning a child, the professional parenting plan evaluator may consult any person who may have information about the child and the potential parenting arrangements except for persons involved in mediation efforts between the parties. Mediation personnel may disclose to professional parenting plan evaluators information collected during mediation only if agreed to in writing by all parties, including the mediator. Upon order of the court, the professional parenting plan evaluator may refer the child to other professional personnel for diagnosis. The professional parenting plan evaluator may consult with and obtain information from medical, psychiatric, school personnel, or other expert persons who have served the child in the past after obtaining the consent of the parents or the child's acting parent or guardian.

(b) The report submitted by the professional parenting plan evaluator must consider and evaluate the factors in section 518.17, and include a detailed analysis of all information considered for each factor. The report must state the position of each party and the professional parenting plan evaluator's recommended parenting plan and the reason for the recommendation, and reference established means for dispute resolution between the parties.

Subd. 3. [AVAILABILITY TO COUNSEL.] The court shall mail the professional parenting plan evaluator's recommended parenting plan to counsel and to any party not represented by counsel at least ten days before the hearing. The professional parenting plan evaluator shall maintain and, upon request, make available to counsel and to a party not represented by counsel the professional parenting plan evaluator's file of underlying data and reports, complete texts of diagnostic reports made to the professional parenting plan evaluator pursuant to the provisions of subdivision 2, and the names and addresses of all persons whom the professional parenting plan evaluator has consulted. The professional parenting plan evaluator and any person the professional parenting plan evaluator has consulted are subject to other pretrial discovery in accordance with the requirements of the Minnesota Rules of Civil Procedure. Mediation proceedings are not subject to discovery without written consent of both parties and the written consent of the mediator. A party to the proceeding may call the professional parenting plan evaluator and any person whom the professional parenting plan evaluator has consulted for cross-examination at the hearing. A party may not waive the right of cross-examination before the hearing.

Subd. 5. [COSTS.] The court shall order all or part of the cost of the investigation and preparation of the recommended parenting plan to be paid by either or both parties, based on their ability to pay. Any part of the cost that the court finds the parties are incapable of paying must be borne by the county welfare agency or department of court services that prepares the parenting plan. The court may not order costs under this subdivision to be paid by a party receiving public assistance or legal assistance from a qualified legal services program or by a party whose annual income falls below the poverty line under United States Code, title 42, section 9902(2).

Sec. 12. [518D.12] [HEARINGS.]

(a) Parenting proceedings shall receive priority in being set for hearing.

(b) The court may tax as costs the payment of necessary travel and other expenses incurred by a person whose presence at the hearing the court deems necessary to determine the best interests of the child.

(c) The court without a jury shall determine questions of law and fact. If it finds that a public hearing may be detrimental to the child's best interests, the court may exclude the public from a parenting proceeding, but may admit any person who has a direct interest in the particular case.

(d) If the court finds it necessary for the protection of the child's welfare that the record of an interview, report, investigation, or testimony in a parenting proceeding be kept secret, the court may make an appropriate order sealing the record.

Sec. 13. [518D.13] [THE BEST INTERESTS OF THE CHILD.]

(a) For the purposes of this chapter, "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 parenting obligations and parenting schedules;

(2) the child's views, preferences, and concerns regarding the parenting plan, if the court deems the child to be of sufficient age and maturity;

(3) the history of parental caregiving;

(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 residential arrangement;

(9) the mental and physical health of all individuals involved; except that a disability, as defined in section 363.01, of a parent or the child shall not be determinative of the parenting arrangements, unless the proposed parenting 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;

(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;

(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;

(14) the ability of parents to cooperate in the rearing of their child;

(15) methods for resolving disputes regarding any major decision concerning the life of the child, and the parents' willingness to use those methods;

(16) whether it would be detrimental to the child if one parent were to have significantly more parental decision-making authority under the parenting plan than the other parent; and

(17) whether domestic abuse, as defined in section 518B.01, has occurred between the parents or between a parent and a child.

If the court enters a parenting plan over the objection of a party, the court shall make detailed findings on each of the factors in this paragraph and explain how the factors led to its determination that the parenting plan would be in the best interests of the child.

The court may not use one factor to the exclusion of all others.

(b) In a parenting proceeding under this chapter, the court shall not consider conduct of a party that does not affect the party's relationship to the child.

Sec. 14. [518D.14] [PARENTING PLAN.]

(a) Upon adjudging the nullity of a marriage, or in a dissolution or separation proceeding, or in a parenting proceeding, the court shall make such further order as it deems just and proper concerning a parenting plan. In determining a parenting plan, 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. In determining a parenting plan, there shall be no presumption in favor of joint physical custody or of scheduling the child to reside an equal amount of time with each parent. Both parents shall remain parents of the child unless the parental rights of one or both of them have been terminated under chapter 260.

(b) Solely for the purposes of interpreting or applying state, federal, tribal, and international law which provides or requires a designation or determination of custody, a parenting plan shall designate a parent as the custodian of the child. The parent with whom the child is scheduled to reside a majority of the time shall be designated the custodian, unless the parents agree that both shall be designated custodians for the purposes of these laws. However, this designation shall not affect either parent's rights and responsibilities under the parenting plan or support order.

Sec. 15. [518D.15] [IMPLEMENTATION OF THE PARENTING PLAN.]

Subdivision 1. [ESTABLISHMENT; ENFORCEMENT; DISPUTES.] (a) In all proceedings for dissolution or legal separation, subsequent to the commencement of the proceeding and continuing during the minority of the child, the court shall, upon the request of either parent, establish a schedule that will enable the child and each 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 a parent's participation in the parenting schedule is likely to endanger the child's physical or emotional health or impair the child's emotional development, the court shall restrict participation in the parenting schedule in regard to time, place, duration, or supervision and may deny participation entirely, as the circumstances warrant. The court shall consider the age of the child and the child's relationship with each 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 to deny participation in the parenting schedule.

(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 schedules.

(c) Upon request of either party, to the extent practicable, a parenting plan must include a specific parenting schedule including the frequency and duration of parenting time and exchanges during holidays and vacations, unless participation in a parenting schedule is restricted, denied, or reserved.

(d) The court administrator shall provide a form for a pro se motion regarding parenting schedule 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 family dispute mediation process under section 518D.16. The court shall provide instructions on serving and filing the motion.

Subd. 2. [DOMESTIC ABUSE; SUPERVISED PARENTING.] (a) If a parent requests supervised parenting 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 a parent or the child, the judge or judicial officer must consider the order for protection in making a decision regarding participation in the parenting plan.

(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 participation in a parenting plan. Either parent may challenge the appropriateness of an individual chosen by the court to supervise participation in a parenting plan.

Subd. 3. [INFORMING CHILD; PARENTING EXCHANGES.] 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 the parents under the order or decree or any substantial amendment to it. Each parent shall present the child for exchanges at such times as the court directs.

Subd. 4. [REMOVAL OF CHILD.] A parent 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 obligations or a parenting schedule by court order.

The court shall consider the following factors in determining whether or not to allow the move of the residence of a child to another state:

(1) whether the prospective move has the capacity to improve the quality of life for both the parent proposing the move and the child;

(2) whether the move is motivated by a desire of the parent proposing the move to defeat or frustrate a relationship between the child and the other parent, and whether the parent who proposes to move is likely to comply with a revised parenting schedule when the parent is no longer subject to the jurisdiction of this state;

(4) the existence of domestic violence between the parents;

(5) any history of unwarranted denial of scheduled parenting time by the parent proposing to remove the child;

(6) whether the parent who opposes the move has exercised rights and complied with duties under the existing parenting schedule; and

(7) the child's relationship with extended family members.

If the court permits the move, the court shall also order a revised parenting schedule, and shall address arrangements for exchange and transportation of the children and increased costs associated with the new parenting schedule by allocation between the parents or by adjusting child support.

Subd. 5. [SUPERVISED OR SUSPENDED PARENTING.] Except as provided in section 631.52, the court may not suspend a parent's participation in a parenting schedule or provide for supervised parenting unless it finds that:

(1) the parent's participation is likely to endanger the child's physical or emotional health or impair the child's emotional development; or

(2) a parent has chronically and unreasonably failed to comply with a court-ordered parenting schedule.

If a parent makes specific allegations that the parenting schedule or the conduct of the other parent places a 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 establishing the parenting plan. Consistent with subdivision 1, paragraph (a), the court may require a third party, including the local social services agency, to supervise participation in the parenting schedule or may restrict a parent's participation in the parenting schedule if necessary to protect the other parent or the child from harm.

Subd. 6. [REMEDIES.] (a) The court may provide for one or more of the following remedies for denial of or interference with a court-ordered parenting schedule as provided under this subdivision. All parenting orders must include notice of the provisions of this subdivision.

(b) If the court finds that a person has been deprived of time with a child under a court-ordered parenting plan, the court shall order the other parent to permit additional time to compensate for the lost time or the court shall make specific findings as to why a request for compensatory time is denied. If compensatory time is awarded, it 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 person deprived of time with the child under the plan.

(c) If the court finds that a party has wrongfully failed to comply with a parenting plan or a binding agreement or decision under section 518D.16, 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 schedule or binding agreement or decision of the family dispute mediator to reimburse the other party for costs incurred as a result of the violation of the order or agreement or decision; or

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 family dispute mediator 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 with a child by the other parent and has incurred expenses in connection with the denial, the court may require the party who denied the parenting time to post a bond in favor of the other party in the amount of prepaid expenses associated with an upcoming planned exchange of the child.

(e) Proof of an unwarranted denial of or interference with a duly established parenting plan may constitute contempt of court and may be sufficient cause for a modification under section 518D.20.

Subd. 7. [GRANDPARENT VISITATION.] In all proceedings for dissolution or legal separation, after the commencement of the proceedings or at any time after completion of the proceedings, and continuing during the minority of the child, the court may make an order granting visitation rights to grandparents under section 257.022, subdivision 2.

Subd. 8. [CHILD CARE.] The court may allow additional 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.

Sec. 16. [518D.16] [PARENTING SCHEDULE; DISPUTE RESOLUTION; FAMILY DISPUTE MEDIATORS.]

Subdivision 1. [FAMILY DISPUTE MEDIATOR.] On request of either party, the parties' stipulation, or upon the court's own motion, the court may appoint a family dispute mediator to resolve disputes regarding a parenting schedule that occur under a court-ordered parenting schedule while a matter is pending under this chapter or after a decree is entered.

Subd. 2. [EXCEPTIONS.] A party may not be required to refer a parenting schedule dispute to a family dispute mediator under this section if:

(1) one of the parties claims to be the victim of domestic abuse by the other party;

(2) the court determines there is probable cause that one of the parties or a child of the parties has been physically abused or threatened with physical abuse by the other party; or

(3) the party is unable to pay the costs of the family dispute mediator, as provided under subdivision 5.

If the court is satisfied that the parties have been advised by counsel and have agreed to use the family dispute mediator process and the process does not involve face-to-face meeting of the parties, the court may direct that the family dispute mediator process be used.

(b) For purposes of this section, "parenting schedule dispute" means a disagreement between parties about departures from an existing parenting schedule, including a dispute about anticipated noncompliance, or disagreements about whether and how to make minor adjustments to the schedule. "Parenting schedule dispute" includes a claim by a parent that the other parent is not participating in a parenting schedule with a child and a claim by a parent that the other parent is denying or interfering with participation in a parenting schedule.

(c) A "family dispute mediator" is a neutral person authorized to use a mediation-arbitration process to resolve parenting schedule disputes. A family dispute mediator shall attempt to resolve a parenting schedule dispute by facilitating negotiations between the parties to promote settlement and, if it becomes apparent that the dispute cannot be resolved by an agreement of the parties, the family dispute mediator shall make a decision resolving the dispute.

Subd. 4. [APPOINTMENT.] (a) The parties may stipulate to the appointment of a family dispute mediator or a team of two family dispute mediators without appearing in court by submitting to the court a written agreement identifying the names of the individuals to be appointed by the court; the nature of the dispute; the responsibilities of the family dispute mediator, including whether the family dispute mediator is appointed to resolve a specific issue or on an ongoing basis; the term of the appointment; and the apportionment of fees and costs. The court shall review the agreement of the parties.

(b) If the parties cannot agree on a family dispute mediator, the court shall provide to the parties a copy of the court administrator's roster of family dispute mediators and require the parties to exchange the names of three potential family dispute mediators by a specific date. If after exchanging names the parties are unable to agree upon a family dispute mediator, the court shall select the family dispute mediator and, in its discretion, may appoint one family dispute mediator or a team of two family dispute mediators. In the selection process the court must give consideration to the financial circumstances of the parties and the fees of those being considered as family dispute mediators. Preference must be given to persons who agree to volunteer their services or who will charge a variable fee for services based on the ability of the parties to pay for them.

(c) An order appointing a family dispute mediator must identify the name of the individual to be appointed, the nature of the dispute, the responsibilities of the family dispute mediator including whether the family dispute mediator is appointed to resolve a specific issue or on an ongoing basis, the term of the appointment, the apportionment of fees, and notice that if the parties are unable to reach an agreement with the assistance of the family dispute mediator, the family dispute mediator is authorized to make a decision resolving the dispute which is binding upon the parties unless modified or vacated by the court.

Subd. 5. [FEES.] Prior to appointing the family dispute mediator, the court shall give the parties notice that the fees of the family dispute mediator will be apportioned between the parties. In its order appointing the family dispute mediator, the court shall apportion the fees of the family dispute mediator between the parties, with each party bearing the portion of fees that the court determines is just and equitable under the circumstances. If a party files a pro se motion regarding a parenting schedule dispute and there is not a court order that provides for apportionment of the fees of a family dispute mediator, the court administrator may require the party requesting the appointment of a family dispute mediator to pay the fees of the family dispute mediator in advance. Neither party may be required to submit a dispute to a family dispute mediator if the party cannot afford to pay for the fees of a family dispute mediator and an affordable family dispute mediator is not available, unless the other party agrees to pay the fees. After fees are incurred, a party may by motion request that the fees be reapportioned on equitable grounds. The court may consider the resources of the parties, the nature of the dispute, and whether a party acted in bad faith. The court may consider information from the family dispute mediator in determining bad faith.

Subd. 7. [TRAINING AND CONTINUING EDUCATION REQUIREMENTS.] To qualify for listing on a court administrator's roster of family dispute mediators, an individual shall complete a minimum of 40 hours of family mediation training that has been certified by the Minnesota supreme court, which must include certified training in domestic abuse issues as required under Rule 114 of the Minnesota General Rules of Practice for the district courts. To maintain one's listing on a court administrator's roster of family dispute mediators, an individual shall annually attend three hours of continuing education about alternative dispute resolution subjects.

Subd. 8. [AGREEMENT OR DECISION.] (a) Within five days of notice of the appointment, or within five days of notice of a subsequent parenting schedule dispute between the same parties, the family dispute mediator shall meet with the parties together or separately and shall make a diligent effort to facilitate an agreement to resolve the parenting schedule dispute. If a parenting schedule dispute requires immediate resolution, the family dispute mediator may confer with the parties through a telephone conference or similar means. A family dispute mediator may make a decision without conferring with a party if the family dispute mediator made a good faith effort to confer with the party, but the party chose not to participate in resolution of the dispute.

(b) If the parties do not reach an agreement, the family dispute mediator shall make a decision resolving the dispute as soon as possible but not later than five days after receiving all information necessary to make a decision and after the final meeting or conference with the parties. The family dispute mediator is authorized to award compensatory parenting schedule time under section 518D.15, subdivision 6, and may recommend to the court that the noncomplying party pay attorney's fees, court costs, and other costs under section 518.175, subdivision 6, paragraph (d), if the court-ordered parenting schedule has not been complied with. The family dispute mediator shall not lose authority to make a decision if circumstances beyond the family dispute mediator's control make it impracticable to meet the five-day timelines.

(c) Unless the parties mutually agree, the family dispute mediator shall not make a decision that is inconsistent with an existing court-ordered parenting schedule, except as otherwise provided by this section, and except that the family dispute mediator may make decisions interpreting or clarifying the parenting schedule, including the development of a specific schedule when the existing court order grants "reasonable visitation."

(d) The family dispute mediator shall put an agreement or decision in writing and provide a copy to the parties. The family dispute mediator may include or omit reasons for the agreement or decision. An agreement of the parties or a decision of the family dispute mediator is binding on the parties unless vacated or modified by the court. If a party does not comply with an agreement of the parties or a decision of the family dispute mediator, any party may bring a motion with the court and shall attach a copy of the parties' written agreement or the decision of the family dispute mediator. The court may enforce, modify, or vacate the agreement of the parties or the decision of the family dispute mediator.

Subd. 9. [OTHER AGREEMENTS.] This section does not preclude the parties from voluntarily agreeing to submit their parenting schedule dispute to a neutral third party or from otherwise resolving parenting schedule disputes on a voluntary basis.

Subd. 10. [CONFIDENTIALITY.] (a) Statements made and documents produced as part of the family dispute mediator process which are not otherwise discoverable are not subject to discovery or other disclosure and are not admissible into evidence for any purpose at trial or in any other proceeding, including impeachment.

(b) Sworn testimony may be used in subsequent proceedings for any purpose for which it is admissible under the rules of evidence. Family dispute mediators, and lawyers for the parties to the extent of their participation in the family dispute mediator process, must not be subpoenaed or called as witnesses in court proceedings.

(c) Notes, records, and recollections of family dispute mediators are confidential and must not be disclosed to the parties, the public, or anyone other than the family dispute mediator unless:

(1) all parties and the family dispute mediator agree in writing to the disclosure; or

Notes and records of family dispute mediators must not be disclosed to the court unless after a hearing the court determines that the notes or records should be reviewed in camera. Those notes or records must not be released by the court unless it determines that they disclose information showing violation of the criminal law of the state.

Subd. 11. [IMMUNITY.] A family dispute mediator is immune from civil liability for actions taken or not taken when acting under this section.

Subd. 12. [REMOVAL.] If a family dispute mediator coordinator has been appointed on a long-term basis, a party or the family dispute mediator may file a motion seeking to have the family dispute mediator removed for good cause shown.

Subd. 13. [MANDATORY PARENTING SCHEDULE DISPUTE RESOLUTION.] Subject to subdivision 2, a judicial district may establish a mandatory parenting schedule dispute resolution program as provided in this subdivision. In a district where a program has been established, parties may be required to submit parenting schedule disputes to a family dispute mediator as a prerequisite to a motion on the dispute being heard by the court, or either party may submit the dispute to a family dispute mediator. A party may file a motion with the court for purposes of obtaining a court date, if necessary, but a hearing may not be held until resolution of the dispute with the family dispute mediator. The appointment of a family dispute mediator must be in accordance with subdivision 4. Family dispute mediator fees must be paid in accordance with subdivision 5.

Sec. 17. [518D.17] [JUDICIAL SUPERVISION.]

Subdivision 1. [PARENTAL COOPERATION.] Each parent shall separately determine the child's upbringing, including education, health care, and religious training, unless:

(1) the parties agree otherwise in writing at the time of the parenting plan; or

(2) the court, after hearing, finds, upon motion by one of the parents, that in the absence of a specific limitation of the other parent's decision making under the terms of the parenting plan, the child's physical or emotional health is likely to be endangered or the child's emotional development impaired.

Subd. 2. [CONTINUING SUPERVISION.] If both parents or all contestants agree to the order, or if the court finds that in the absence of the order the child's physical or emotional health is likely to be endangered or the child's emotional development impaired, the court may order the local social services agency or the department of court services to exercise continuing supervision over the case under guidelines established by the court to assure that the terms of the parenting plan are carried out.

Sec. 18. [518D.18] [NOTIFICATION REGARDING DEPRIVATION OF PARENTAL RIGHTS LAW.]

Every court order and judgment and decree concerning parenting plans for a minor child shall contain the notice set out in section 518D.26, subdivision 2.

Sec. 19. [518D.19] [PERSONS WITH CERTAIN CONVICTIONS.]

Notwithstanding any contrary provision in section 518D.14, 518D.15, or 518D.16, if a person seeking participation in a parenting plan has been convicted of a crime described in section 518.179, subdivision 2, the person seeking participation has the burden to prove that participation by that person is in the best interests of the child if:

(1) the conviction occurred within the preceding five years;

(2) the person is currently incarcerated, on probation, or under supervised release for the offense; or

(3) the victim of the crime was a family or household member as defined in section 518B.01, subdivision 2.

Sec. 20. [518D.20] [MODIFICATION.]

(a) The terms of a parenting plan dealing with parental decisions making residential arrangements for a child may be modified as follows:

(1) on the grounds provided under section 518.18 for modification of a custody order;

(2) if for a period of three months or longer there has been a pattern of persistent and willful denial of or interference with, or under-utilization of, a parenting schedule and it would be in the best interests of the child, as defined in section 518D.13 to modify the parenting plan; or

(3) the parenting plan provides for application of a different standard for modification.

In a case that does not meet the requirements for modification under clause (2), the remedies of section 518D.15, subdivision 6, apply.

(b) The terms of a parenting plan dealing with parenting schedule issues other than the child's residence may be modified based on a change of circumstances so that it would be in the child's best interests to make adjustments in the parenting schedule.

Sec. 21. [518D.21] [AFFIDAVIT PRACTICE.]

A party seeking a temporary parenting plan or modification of a parenting plan shall submit together with moving papers an affidavit setting forth facts supporting the requested order or modification and shall give notice, together with a copy of the affidavit, to other parties to the proceeding, who may file opposing affidavits.

Sec. 22. [518D.22] [EXPENSE SHARING.]

Subdivision 1. [REQUIREMENTS.] A parenting plan in itself is not grounds for deviating from the child support guidelines in section 518.551, subdivision 5. However, it is grounds to deviate from the guidelines if parents agree to share expenses and the court finds the agreement is in the child's best interests, or if in any other circumstances, the court finds that expense sharing would be in the child's best interests. The court must also find that the parents are able to cooperate and that the agreement would be enforceable. The court shall not order or approve expense sharing if:

(1) the agreement to share expenses or the proposed deviation from the guidelines would result in insufficient funds in the obligee's household to meet the child's basic needs. The court must make findings as to how the child's basic needs would be met under an expense-sharing agreement; or

(2) the child receives public assistance.

Subd. 2. [DISCONTINUANCE.] A party may move to end an expense-sharing arrangement as provided by this subdivision. If the court determines that a shared expense arrangement is unenforceable or the court is unable to reduce to a sum certain for collection as arrears an unmet obligation under such an arrangement, the court shall discontinue the expense-sharing arrangement and modify the support order accordingly as needed.

Sec. 23. [518D.23] [ACTING PARENT; SUPPORT.]

If a child resides with a person other than a parent with court approval, the court may order child support payments to be made to the acting parent.

Sec. 24. [518D.24] [EFFECT OF MODIFICATION OF SUPPORT.]

Sec. 25. [518D.25] [MEDIATION.]

Subdivision 1. [MEDIATION PROCEEDING.] Except as provided in subdivision 2, if it appears on the face of the petition or other application for an order or modification of an order for a parenting plan for a child that the parenting plan is contested or that any issue pertinent to a parenting plan is unresolved, the matter may be set for mediation of the contested issue prior to, concurrent with, or subsequent to the setting of the matter for hearing. The purpose of the mediation proceeding is to reduce acrimony which may exist between the parties and to develop an agreement that is supportive of the child's best interests. The mediator shall use best efforts to effect a settlement of the parenting dispute, but shall have no coercive authority.

Subd. 2. [EXCEPTION.] If the court determines that there is probable cause that one of the parties, or a child of a party, has been physically or sexually abused by the other party, the court shall not require or refer the parties to mediation or any other process that requires parties to meet and confer without counsel, if any, present.

Subd. 3. [RECORDS; PRIVATE DATA.] Mediation proceedings shall be conducted in private. All records of a mediation proceeding shall be private and not available as evidence in an action for marriage dissolution and related proceedings on any issue in controversy in the dissolution.

Subd. 4. [MEDIATOR RECOMMENDATIONS.] When the parties have not reached agreement as a result of the mediation proceeding, the mediator may recommend to the court that an investigation be conducted under section 518.167, or that other action be taken to assist the parties to resolve the controversy before hearing on the issues. The mediator may not conduct the investigation or evaluation unless: (1) the parties agree in writing, executed after the termination of mediation, that the mediator may conduct the investigation or evaluation; or (2) there is no other person reasonably available to conduct the investigation or evaluation. The mediator may recommend that mutual restraining orders be issued in appropriate cases, pending determination of the controversy, to protect the well-being of the children involved in the controversy.

Subd. 5. [MEDIATION AGREEMENT.] An agreement reached by the parties as a result of mediation shall be discussed by the parties with their attorneys, if any, and the approved agreement may then be included in the marital dissolution decree or other stipulation submitted to the court. An agreement reached by the parties as a result of mediation may not be presented to the court nor made enforceable unless the parties and their counsel, if any, consent to its presentation to the court, and the court adopts the agreement.

Subd. 6. [MEDIATOR APPOINTMENT.] In order to participate in a custody mediation, a mediator must be appointed by the family court. A mediator must be a member of the professional staff of a family court, probation department, mental health services agency, or a private mediation service. The mediator must be on a list of mediators approved by the court having jurisdiction of the matter, unless the parties stipulate to a mediator not on the list.

Subd. 7. [MEDIATOR QUALIFICATIONS.] A mediator who performs mediation in contested child custody matters shall meet the following minimum qualifications:

(1) knowledge of the court system and the procedures used in contested child custody matters;

(2) knowledge of other resources in the community to which the parties to contested child custody matters can be referred for assistance;

(3) knowledge of child development, clinical issues relating to children, the effects of marriage dissolution on children, and child custody research; and

(4) a minimum of 40 hours of certified mediation training.

Sec. 26. [518D.26] [REQUIRED NOTICES.]

Subdivision 1. [REQUIREMENT.] Every court order or judgment and decree that provides for child support, spousal maintenance, or a parenting plan must contain certain notices as set out in subdivision 2. The information in the notices must be concisely stated in plain language. The notices must be in clearly legible print, but may not exceed two pages. An order or judgment and decree without the notice remains subject to all statutes. The court may waive all or part of the notice required under subdivision 2 relating to parental rights under section 518D.14, if it finds it is necessary to protect the welfare of a party or child.

Subd. 2. [CONTENTS.] The required notices must be substantially as follows:

1. PAYMENTS TO PUBLIC AGENCY

According to Minnesota Statutes, section 518.551, subdivision 1, payments ordered for maintenance and support must be paid to the public agency responsible for child support enforcement as long as the person entitled to receive the payments is receiving or has applied for public assistance or has applied for support and maintenance collection services. MAIL PAYMENTS TO:

2. DEPRIVING ANOTHER OF PARENTAL RIGHTS -- A FELONY

A person may be charged with a felony who conceals a minor child or takes, obtains, retains, or fails to return a minor child from or to the child's parent (or person with rights under a parenting plan), according to Minnesota Statutes, section 609.26. A copy of that section is available from any district court clerk.

3. RULES OF SUPPORT, MAINTENANCE, PARENTING SCHEDULE

(a) Payment of support or spousal maintenance is to be as ordered, and the giving of gifts or making purchases of food, clothing, and the like will not fulfill the obligation.

(b) Payment of support must be made as it becomes due, and failure to secure or denial of rights of visitation is NOT an excuse for nonpayment, but the aggrieved party must seek relief through a proper motion filed with the court.

(c) Nonpayment of support is not grounds to deny parenting time ordered under a parenting schedule. The party entitled to receive support may apply for support and collection services, file a contempt motion, or obtain a judgment as provided in Minnesota Statutes, section 548.091.

(d) The payment of support or spousal maintenance takes priority over payment of debts and other obligations.

(e) A party who accepts additional obligations of support does so with the full knowledge of the party's prior obligation under this proceeding.

(f) Child support or maintenance is based on annual income, and it is the responsibility of a person with seasonal employment to budget income so that payments are made throughout the year as ordered.

(h) Reasonable parenting schedule guidelines are contained in Appendix B, which is available from the court administrator.

4. PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518D.14

Unless otherwise provided by the Court:

(a) 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. Presentation of a copy of this order to the custodian of a record or other information about the minor children constitutes sufficient authorization for the release of the record or information to the requesting party.

(b) Each party shall keep the other 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.

(c) 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.

(d) Each party has the right of reasonable access and telephone contact with the minor children.

5. WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE

Child support and/or spousal maintenance may be withheld from income, with or without notice to the person obligated to pay, when the conditions of Minnesota Statutes, section 518.6111, have been met. A copy of those sections is available from any district court clerk.

6. CHANGE OF ADDRESS OR RESIDENCE

Unless otherwise ordered, each party shall notify the other party, the court, and the public authority responsible for collection, if applicable, of the following information within ten days of any change: the residential and mailing address, telephone number, driver's license number, social security number, and name, address, and telephone number of the employer.

7. COST-OF-LIVING INCREASE OF SUPPORT AND MAINTENANCE

Child support and/or spousal maintenance may be adjusted every two years based upon a change in the cost of living (using Department of Labor Consumer Price Index . . . . . , unless otherwise specified in this order) when the conditions of Minnesota Statutes, section 518.641, are met. Cost-of-living increases are compounded. A copy of Minnesota Statutes, section 518.641, and forms necessary to request or contest a cost-of-living increase are available from any district court clerk.

8. JUDGMENTS FOR UNPAID SUPPORT

obtain entry and docketing of the judgment WITHOUT NOTICE to the person responsible to make the payment under Minnesota Statutes, section 548.091. Interest begins to accrue on a payment or installment of child support whenever the unpaid amount due is greater than the current support due, according to Minnesota Statutes, section 548.091, subdivision 1a.

9. JUDGMENTS FOR UNPAID MAINTENANCE

A judgment for unpaid spousal maintenance may be entered when the conditions of Minnesota Statutes, section 548.091, are met. A copy of that section is available from any district court clerk.

10. ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD SUPPORT

A judgment for attorney fees and other collection costs incurred in enforcing a child support order will be entered against the person responsible to pay support when the conditions of section 518.14, subdivision 2, are met. A copy of section 518.14 and forms necessary to request or contest these attorney fees and collection costs are available from any district court clerk.

11. FAMILY DISPUTE MEDIATOR

On request of either party or on its own motion, the court may appoint a family dispute mediator to resolve parenting schedule disputes under Minnesota Statutes, section 518D.16. A copy of that section and a description of the process is available from any district court clerk.

12. PARENTING SCHEDULE REMEDIES AND PENALTIES

Remedies and penalties for wrongful interference with a parenting schedule are available under Minnesota Statutes, section 518D.15, subdivision 6. These include compensatory parenting time, civil penalties, bond requirements, contempt, and modification of a parenting plan. A copy of that subdivision and forms for requesting relief are available from any district court clerk.

Subd. 3. [COPIES OF LAW AND FORMS.] The district court administrator shall make available at no charge copies of the sections referred to in subdivision 2, and shall provide forms to request or contest attorney fees and collection costs or a cost-of-living increase under section 518.14, subdivision 2, or 518.641.

Sec. 27. [518D.27] [RELATIONSHIP TO OTHER LAWS.]

Subdivision 1. [DATA PRACTICES.] Court services data related to a parenting plan are classified as private data as defined in section 13.02, subdivision 12.

Subd. 2. [PARENTAGE.] (a) The summons in a parentage proceeding under sections 257.51 to 257.74 in a judicial district where this chapter applies shall contain the following notice:

If you want to have a relationship with the child other than paying support, you must appear at the court services office (address) one business day before your paternity hearing date to discuss a parenting plan.

Subd. 3. [DESIGNATED CAREGIVER.] A designated caregiver agreement under chapter 257A must be executed by both parents who are parties to a parenting plan; except if the child resides a majority of the time with one parent, that parent may execute an agreement alone. Both parents who are parties to a parenting plan must give consent to a designated caregiver agreement, in the manner provided by section 257A.01, subdivision 2.

The agreement becomes operative when the parent or parents who executed it are unable to care for the child. Upon assuming care of a child, a designated caregiver shall notify any parent who is a party to a parenting plan for that child. Parenting schedule provisions remain in effect while a child is in the care of a designated caregiver, unless modified by the court. A parent with parenting obligations under a parenting plan who is not the designated caregiver may bring a motion for the child to reside with that parent until the other parent is able to resume care of the child.

Subd. 4. [DISPUTE RESOLUTION GUIDELINES.] Guidelines under chapter 494 shall not exclude matters submitted to a family dispute mediator under section 518D.16.

Subd. 5. [ORDER FOR PROTECTION.] A parenting plan shall not be entered in a proceeding under chapter 518B.

Section 1. Minnesota Statutes 1997 Supplement, section 259.52, subdivision 1, is amended to read:

Subdivision 1. [ESTABLISHMENT OF REGISTRY; PURPOSE; FEES.] (a) The commissioner of health shall establish a putative fathers' adoption registry for the purpose of determining the identity and location of a putative father interested in a minor child who is, or is expected to be, the subject of an adoption proceeding, in order to provide notice of the adoption proceeding to the putative father who is not otherwise entitled to notice under section 259.49, subdivision 1, paragraph (a) or (b), clauses (1) to (7). The commissioner of health may establish informational material and public service announcements necessary to implement this section. Any limitation on a putative father's right to assert an interest in the child as provided in this section applies only in adoption proceedings and only to those putative fathers not entitled to notice and consent under sections 259.24 and 259.49, subdivision 1, paragraph (a) or (b), clauses (1) to (7). The commissioner of health has no independent obligation to gather or update the information to be maintained on the registry. It is the registrant's responsibility to update his personal information on the registry.

(b) The putative fathers' adoption registry must contain the following information:

(1) with respect to the putative father, the:

(i) name, including any other names by which the putative father may be known and that he may provide to the registry;

(ii) address at which he may be served with notice of a petition under this chapter, including any change of address;

(iii) social security number, if known;

(iv) date of birth; and

(v) if applicable, a certified copy of an order by a court of another state or territory of the United States adjudicating the putative father to be the father of this child;

(2) with respect to the mother of the child:

(i) name, including all other names known to the putative father by which the mother may be known;

(ii) if known to the putative father, her last address;

(iii) social security number, if known; and

(3) if known to the putative father, the name, gender, place of birth, and date of birth or anticipated date of birth of the child;

(4) the date that the commissioner of health received the putative father's registration; and

(5) other information the commissioner of health determines by rule to be necessary for the orderly administration of the registry.

(c) The commissioner of health shall notify the mother of the child whenever a putative father has registered with the adoption registry under this section. Notice shall be sent to the name and address submitted by the putative father under paragraph (b), clause (2). The notice shall be mailed within seven days of the date that the commissioner received the putative father's adoption registry. There shall be no charge to the birth mother for this notice.

(d) The commissioner of health shall set reasonable fees for the use of the registry; however, a putative father shall not be charged a fee for registering. Revenues generated by the fee must be deposited in the state government special revenue fund and appropriated to the commissioner of health to administer the putative fathers' adoption registry.

Sec. 2. Minnesota Statutes 1997 Supplement, section 259.52, subdivision 9, is amended to read:

Subd. 9. [NOTICE AND SERVICE FOR THOSE ON PUTATIVE FATHERS' ADOPTION REGISTRY WHO ARE NOT OTHERWISE ENTITLED TO NOTICE.] Any time after conception, an interested party, including persons intending to adopt a child, a child welfare agency with whom the mother has placed or has given written notice of her intention to place a child for adoption, the mother of a child, or any attorney representing an interested party, may file with the court administrator a written request that the putative fathers on the registry who have registered in relation to the child be served with serve by certified mail a putative fathers' adoption registry notice to registered putative father, an intent to claim parental rights with entry of appearance form, and a denial of paternity with entry of appearance form, and a consent to adoption form pursuant to subdivision 11. These documents may be served on a putative father in the same manner as a summons is served in other civil proceedings, or, in lieu of personal service, service may be made as follows:

(a) The person requesting notice shall pay to the court administrator a mailing fee plus the cost of United States postage for certified or registered mail and furnish to the court administrator an original and one copy of the putative fathers' adoption registry notice, the intent to claim parental rights with entry of appearance form, and the denial of paternity with entry of appearance and consent to adoption form together with an affidavit setting forth the putative father's last known address. The original putative fathers' adoption registry notice, the intent to claim parental rights with entry of appearance form, and the denial of paternity with entry of appearance and consent to adoption form must be retained by the court administrator.

(b) The court administrator The interested party or that party's attorney shall mail to the putative father, at the address appearing in the affidavit provided to the registry, the copy of the putative fathers' adoption registry notice to registered putative father, the intent to claim parental rights with entry of appearance form, and the denial of paternity with entry of appearance form, and the consent to adoption form by certified mail, return receipt requested. The envelope and return receipt must bear the return address of the court administrator. The receipt for certified mail must state the name and address of the addressee and the date of mailing and must be attached to the original notice.

(c) (b) The return receipt, when returned to the court administrator filed with the court, must be attached to the original putative fathers' adoption registry notice to registered putative father, the intent to claim parental rights with entry of appearance form, and the denial of paternity with entry of appearance form, and the consent to adoption form and constitutes proof of service.

(d) (c) The court administrator shall note the fact of service in a permanent record.

Sec. 3. Minnesota Statutes 1997 Supplement, section 259.52, subdivision 10, is amended to read:

entry of appearance form, and the consent to adoption form, the putative father must file a completed intent to claim parental rights with entry of appearance form with the court administrator stating that he intends to initiate a paternity action within 30 days of receipt of the putative fathers' adoption registry notice to registered putative father in order to preserve the right to maintain an interest in the child and receive notice during the pending adoption proceeding. Failure to initiate a paternity action within 30 days of receipt of the putative fathers' adoption registry notice to registered putative father does not act as a bar to receiving notice under section 259.49. If good cause is shown, the putative father must be allowed more time to initiate the paternity action. A putative father who files a completed denial of paternity with entry of appearance form and consent to adoption form or who fails to timely file an intent to claim parental rights with entry of appearance form with the court:

(1) is barred from later bringing or maintaining an action to assert any interest in the child during the pending adoption proceeding concerning the child;

(2) is considered to have waived and surrendered a right to notice of a hearing in any judicial proceeding for adoption of the child, and consent of that person to the adoption of the child is not required; and

(3) is considered to have abandoned the child.

Failure to register is prima facie evidence of sufficient grounds to support termination of the putative father's parental rights.

Sec. 4. Minnesota Statutes 1997 Supplement, section 259.52, subdivision 11, is amended to read:

Subd. 11. [PUTATIVE FATHERS' ADOPTION REGISTRY NOTICE; INTENT TO CLAIM PARENTAL RIGHTS WITH ENTRY OF APPEARANCE FORM; DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE; AND CONSENT TO ADOPTION FORM FORMS.] (a) The putative father's adoption registry notice sent under subdivision 9 must be substantially as follows:

"IN THE MATTER OF NOTICE TO . . . . . , REGISTERED PUTATIVE FATHER.

You have signed the putative fathers' adoption registry indicating that you are the father of a child born on the . . . . . day of . . . . . , . . , (or expected to be born on or about the . . . . day of . . . . . , . . ).

The mother of the child is . . . . . .

The mother has indicated that she intends to place the child for adoption.

As the alleged father of the child by virtue of signing the putative fathers' adoption registry, you have certain legal rights with respect to the child, including the right to notice of the filing of proceedings instituted for the adoption of the child. If you wish to retain your rights with respect to the child, you must file with the court administrator, Court of . . . . . County, Minnesota, whose address is . . . . . , Minnesota, within 30 days after the date of receipt of this notice, the enclosed intent to claim parental rights with entry of appearance form stating that you are, in fact, the father of the child and that you intend to retain your legal rights with respect to the child by initiating a paternity action within 30 days of receipt of the putative fathers' adoption registry notice.

If you do not file an intent to claim parental rights with entry of appearance form or a request for notice, then whatever legal rights you have with respect to the child, including the right to notice of any future proceedings for the adoption of the child, may be terminated without any further notice to you. When your legal rights with respect to the child are so terminated, you will not be entitled to notice of any proceeding instituted for the adoption of the child.

(b) The intent to claim parental rights with entry of appearance form sent under subdivision 9 must be substantially as follows:

I, . . . . . , state as follows:

(1) That I am . . . years of age; and I reside at . . . . . in the County of . . . . . , State of . . . . . .

(2) That I have been advised that . . . . . is the mother of a . . . . . male/female child named . . . . . born or expected to be born on or about . . . . . and that such mother has stated that I am the father of this child.

(3) I declare that I am the father of this child.

(4) I understand that the mother of this child wishes to consent to the adoption of this child. I do not consent to the adoption of this child, and I understand that I must return this intent to claim parental rights with entry of appearance form to the court administrator of . . . . . County, located at . . . . . , within 30 days of receipt of this notice.

(5) I further understand that I am also obligated to initiate a paternity action under the Parentage Act (Minnesota Statutes, sections 257.51 to 257.74) within 30 days of my receiving the putative fathers' adoption registry notice, or, if the child is not yet born, within 30 days after the birth of the child, unless for good cause shown I am unable to do so. That proceeding is separate and distinct from the above mailing of intent to claim parental rights with entry of appearance form; in the paternity action, I must state that I am, in fact, the father of said child for one or more of the reasons stated in Minnesota Statutes, section 257.55, subdivision 1, and that I intend to retain my legal rights with respect to said child, and request to be notified of any further proceedings with respect to custody or adoption of the child.

(6) I hereby enter my appearance in the above entitled cause.

I have been duly sworn and I say under oath that I have read and understand this intent to claim parental rights with entry of appearance form. The facts that it contains are true and correct to the best of my knowledge, and I understand that by signing this document I admit my paternity. I have signed this document as my free and voluntary act.

. . . . . .

(Signature)

Dated this . . . . . day of . . . . . , . . .

Signed and Sworn Before Me This . . . . day of . . . . . , . . .

. . . . . .

(notary public)"

(c) The denial of paternity with entry of appearance and consent to adoption form sent under subdivision 9 must be substantially as follows:

I, . . . . . , state as follows:

(1) That I am . . . years of age; and I reside at . . . . . in the County of . . . . . , State of . . . . . .

(3) I now deny that I am the father of this child. My denial at this time will not subject me to any criminal liability.

(4) I further understand that the mother of this child wishes to consent to the adoption of the child. I hereby consent to the adoption of this child, and waive any rights, remedies, and defenses that I may have now or in the future. This consent is being given in order to facilitate the adoption of the child and so that the court may terminate what rights I may have to the child. This consent is not in any manner an admission of paternity.

(5) I hereby enter my appearance in the above entitled cause and waive service of summons and other pleading.

I have been duly sworn and I say under oath that I have read and understood this denial of paternity with entry of appearance and consent to adoption. The facts it contains are true and correct to the best of my knowledge, and I understand that by signing this document I have not admitted paternity. I have signed this document as my free and voluntary act in order to facilitate the adoption of the child.

. . . . . .

(Signature)

Dated this . . . . . day of . . . . . , . . .

Signed and Sworn Before Me This . . . . day of . . . . . , . . .

. . . . . .

(notary public)"

[The names of adoptive parents must not be included in the notice.] The office of the state court administrator shall develop the following forms:

(1) notice to registered putative father;

(2) intent to claim parental rights;

(3) denial of paternity; and

(4) consent to adoption.

Sec. 5. Minnesota Statutes 1997 Supplement, section 259.52, subdivision 12, is amended to read:

Subd. 12. [RIGHT TO COUNSEL AT PUBLIC EXPENSE.] Upon proof of indigency, a putative father who has registered with the fathers' adoption registry, has received a putative fathers' adoption registry notice to registered putative father, and has timely filed an intent to claim paternal rights with entry of appearance form with the court administrator, must have counsel appointed at public expense.

Sec. 6. Minnesota Statutes 1997 Supplement, section 259.52, is amended by adding a subdivision to read:

Subd. 15. [INTERNATIONAL ADOPTIONS.] This section does not apply to international adoptions.

Sec. 7. Minnesota Statutes 1996, section 550.136, subdivision 2, is amended to read:

Subd. 2. [DEFINITIONS.] For purposes of this section, the following terms have the meanings given them:

(a) "earnings" means:

(2) compensation paid or payable to the producer for the sale of agricultural products; livestock or livestock products; milk or milk products; or fruit or other horticultural products produced when the producer is operating a family farm, a family farm corporation, or an authorized farm corporation, as defined in section 500.24, subdivision 2; or

(3) maintenance as defined in section 518.54, subdivision 3.

(b) "disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of amounts required by law to be withheld;

(c) "employee" means an individual who performs services subject to the right of the employer to control both what is done and how it is done; and

(d) "employer" means a person for whom an individual performs services as an employee.

Sec. 8. Minnesota Statutes 1996, section 571.921, is amended to read:

571.921 [DEFINITIONS.]

For purposes of sections 571.921 to 571.926, the following terms have the meanings given them:

(a) "Earnings" means:

(1) compensation paid or payable to an employee for personal service whether denominated as wages, salary, commissions, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program; or

(2) compensation paid or payable to the producer for the sale of agricultural products; livestock or livestock products; milk or milk products; or fruit or other horticultural products produced when the producer is operating a family farm, a family farm corporation, or an authorized farm corporation, as defined in section 500.24, subdivision 2; or

(3) maintenance as defined in section 518.54, subdivision 3.

(b) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of amounts required by law to be withheld.

(c) "Employee" means an individual who performs services subject to the right of the employer to control both what is done and how it is done.

(d) "Employer" means a person for whom an individual performs services as an employee."

Delete the title and insert:

"A bill for an act relating to family law; modifying child support enforcement provisions; providing parenting plans; changing provisions of the putative fathers' registry law; including maintenance in the definition of earnings for garnishment and levy law; amending Minnesota Statutes 1996, sections 257.64, subdivision 3; 518.13, subdivision 5; 518.17, subdivision 3; 518.54, by adding a subdivision; 518.551, subdivisions 1, 5, 9, and by adding a subdivision; 518.615, subdivision 2; 550.136, subdivision 2; and 571.921; Minnesota Statutes 1997 Supplement, sections 256.741, subdivision 1; 259.52, subdivisions 1, 9, 10, 11, 12, and by adding a subdivision; 518.54, subdivision 6; 518.551, subdivision 5b; 518.5511, subdivision 2; 518.6111, subdivisions 8 and 14; 518.615, subdivision 1; 518.6195; 518.64, subdivision 2; and 552.04, subdivision 4; Laws 1995, chapter 257, article 1, section 34; Laws 1997, chapter 203, article 6, section 90; proposing coding for new law in Minnesota Statutes, chapter 518; proposing coding for new law as Minnesota Statutes, chapter 518D."

S. F. No. 2276, A bill for an act relating to children; modifying certain parentage and child support enforcement provisions; amending Minnesota Statutes 1996, sections 257.64, subdivision 3; 518.54, subdivision 8, and by adding a subdivision; 518.551, subdivisions 1, 5, and 9; and 518.615, subdivision 2; Minnesota Statutes 1997 Supplement, sections 518.54, subdivision 6; 518.551, subdivision 5b; 518.5511, by adding a subdivision; 518.6111, subdivisions 9 and 14; 518.615, subdivision 1; and 552.04, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 518.

The bill was read for the third time, as amended, and placed upon its final passage.

The question was taken on the passage of the bill and the roll was called. There were 106 yeas and 25 nays as follows:

Those who voted in the affirmative were:

Abrams	Erickson	Knoblach	Molnau	Reuter	Tomassoni
Anderson, B.	Finseth	Kraus	Mulder	Rhodes	Tompkins
Anderson, I.	Folliard	Krinkie	Munger	Rifenberg	Tuma
Bakk	Goodno	Kubly	Murphy	Rostberg	Tunheim
Bettermann	Gunther	Kuisle	Ness	Rukavina	Van Dellen
Biernat	Haas	Larsen	Nornes	Schumacher	Vandeveer
Bishop	Harder	Leighton	Olson, E.	Seagren	Wagenius
Boudreau	Hausman	Leppik	Olson, M.	Seifert	Weaver
Bradley	Hilty	Lieder	Opatz	Skare	Wejcman
Broecker	Holsten	Lindner	Osskopp	Skoglund	Wenzel
Carlson	Jaros	Macklin	Osthoff	Smith	Westfall
Clark, J.	Jefferson	Mahon	Otremba, M.	Solberg	Westrom
Daggett	Jennings	Mares	Ozment	Stanek	Winter
Dawkins	Juhnke	Marko	Paulsen	Stang	Wolf
Dehler	Kalis	McCollum	Pawlenty	Sviggum	Workman
Dempsey	Kelso	McElroy	Pelowski	Swenson, H.	Spk. Carruthers
Dorn	Kielkucki	McGuire	Peterson	Sykora
Erhardt	Kinkel	Milbert	Pugh	Tingelstad

Those who voted in the negative were:

Chaudhary	Evans	Hasskamp	Knight	Paymar	Trimble
Clark, K.	Farrell	Huntley	Koskinen	Rest
Davids	Garcia	Johnson, A.	Long	Sekhon
Delmont	Greenfield	Johnson, R.	Mariani	Slawik
Entenza	Greiling	Kahn	Orfield

The bill was passed, as amended, and its title agreed to.

The Speaker resumed the Chair.

Winter moved that the remaining bills on Special Orders for today be continued. The motion prevailed.

Winter moved that the bills on General Orders for today be continued. The motion prevailed.

Clark, K., moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Friday, March 13, 1998, when the vote was taken on the repassage of H. F. No. 2489, as amended by the Senate." The motion prevailed.

Jennings moved that H. F. No. 3654 be recalled from the Committee on Rules and Legislative Administration and be re-referred to the Committee on Governmental Operations. The motion prevailed.

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 3840:

Long; Winter; Olson, E.; Dawkins and McElroy.

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 3843:

Kalis; Solberg; Trimble; Clark, K., and Bishop.

Winter moved that when the House adjourns today it adjourn until 9:00 a.m., Tuesday, March 17, 1998. The motion prevailed.

Winter moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 9:00 a.m., Tuesday, March 17, 1998.

Edward A. Burdick, Chief Clerk, House of Representatives