1.1 	A bill for an act
1.2 	relating to judicial procedures; requiring notification of residence with certain 
1.3 	convicted persons; modifying the presumption of biological paternity; providing 
1.4 	that determination of biological fatherhood does not preclude adjudication of 
1.5 	another as the legal father; requiring contact agreements between prospective 
1.6 	adoptive parents and birth relatives to be included in final adoption decree; 
1.7 	authorizing certain persons to solemnize marriage; modifying certain technical 
1.8 	marriage provisions; providing for appeal Fourth Judicial District Family Court 
1.9 	referee orders; authorizing solemnization of marriages by certain religious and 
1.10 	ethnic groups; requiring notice of mediation participation in the case of divorce 
1.11 	actions; authorizing parents to agree upon the legal standard to govern a decision 
1.12 	concerning removal of a child to another state; requiring a best interests standard 
1.13 	when considering removal of a child to another state; providing for modification 
1.14 	of custody orders; requiring summary real estate disposition judgments to 
1.15 	contain certain information; defining neglect under the maltreatment of minors 
1.16 	reporting law; requiring certain persons authorized to solemnize marriage to 
1.17 	make reports under the maltreatment of minors law;amending Minnesota 
1.18 	Statutes 2004, sections 257.55, subdivision 1; 257.57, subdivision 2; 257.62, 
1.19 	subdivision 5; 257C.03, subdivision 7; 259.58; 484.65, subdivision 9; 517.05; 
1.20 	517.14; 517.18; 518.091, subdivision 1; 518.1705, subdivisions 4, 7; 518.175, 
1.21 	subdivision 3; 518.179, by adding a subdivision; 518.18; 518.191, subdivision 2; 
1.22 	518.58, subdivision 4; Minnesota Statutes 2005 Supplement, section 626.556, 
1.23 	subdivisions 2, 3; proposing coding for new law in Minnesota Statutes, chapter 
1.24 	257.
1.25 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

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

2.1 	Sec. 2. Minnesota Statutes 2004, section 257.55, subdivision 1, is amended to read:
2.2 		 Subdivision 1.Presumption.  A man is presumed to be the biological father of 
2.3 	a child if:
2.4 	 (a) He and the child's biological mother are or have been married to each other and 
2.5 	the child is born during the marriage, or within 280 days after the marriage is terminated 
2.6 	by death, annulment, declaration of invalidity, dissolution, or divorce, or after a decree of 
2.7 	legal separation is entered by a court. The presumption in this paragraph does not apply if 
2.8 	the man has joined in a recognition of parentage recognizing another man as the biological 
2.9 	father under section 257.75, subdivision 1a;
2.10 	 (b) Before the child's birth, he and the child's biological mother have attempted to 
2.11 	marry each other by a marriage solemnized in apparent compliance with law, although the 
2.12 	attempted marriage is or could be declared void, voidable, or otherwise invalid, and,
2.13 	 (1) if the attempted marriage could be declared invalid only by a court, the child 
2.14 	is born during the attempted marriage, or within 280 days after its termination by death, 
2.15 	annulment, declaration of invalidity, dissolution or divorce; or
2.16 	 (2) if the attempted marriage is invalid without a court order, the child is born within 
2.17 	280 days after the termination of cohabitation;
2.18 	 (c) After the child's birth, he and the child's biological mother have married, or 
2.19 	attempted to marry, each other by a marriage solemnized in apparent compliance with 
2.20 	law, although the attempted marriage is or could be declared void, voidable, or otherwise 
2.21 	invalid, and,
2.22 	 (1) he has acknowledged his paternity of the child in writing filed with the state 
2.23 	registrar of vital statistics;
2.24 	 (2) with his consent, he is named as the child's father on the child's birth record; or
2.25 	 (3) he is obligated to support the child under a written voluntary promise or by 
2.26 	court order;
2.27 	 (d) While the child is under the age of majority, he receives the child into his home 
2.28 	During the first two years of the child's life, he resided in the same household with the 
2.29 	child for at least 12 months and openly holds held out the child as his biological child own;
2.30 	 (e) He and the child's biological mother acknowledge his paternity of the child in a 
2.31 	writing signed by both of them under section 257.34 and filed with the state registrar of 
2.32 	vital statistics.  If another man is presumed under this paragraph to be the child's father, 
2.33 	acknowledgment may be effected only with the written consent of the presumed father or 
2.34 	after the presumption has been rebutted;
3.1 	 (f) Evidence of statistical probability of paternity based on blood or genetic testing 
3.2 	establishes the likelihood that he is the father of the child, calculated with a prior 
3.3 	probability of no more than 0.5 (50 percent), is 99 percent or greater; 
3.4 	(g)  He and the child's biological mother have executed a recognition of parentage 
3.5 	in accordance with section 257.75 and another man is presumed to be the father under 
3.6 	this subdivision;
3.7 	(h) (g) He and the child's biological mother have executed a recognition of parentage 
3.8 	in accordance with section 257.75 and another man and the child's mother have executed 
3.9 	a recognition of parentage in accordance with section 257.75; or
3.10 	(i) (h) He and the child's biological mother executed a recognition of parentage in 
3.11 	accordance with section 257.75 when either or both of the signatories were less than 
3.12 	18 years of age.

3.13 	Sec. 3. Minnesota Statutes 2004, section 257.57, subdivision 2, is amended to read:
3.14 		 Subd. 2.Actions under other paragraphs of section 257.55, subdivision 1.  The 
3.15 	child, the mother, or personal representative of the child, the public authority chargeable 
3.16 	by law with the support of the child, the personal representative or a parent of the mother 
3.17 	if the mother has died or is a minor, a man alleged or alleging himself to be the father, or 
3.18 	the personal representative or a parent of the alleged father if the alleged father has died or 
3.19 	is a minor may bring an action:
3.20 	 (1) at any time for the purpose of declaring the existence of the father and child 
3.21 	relationship presumed under section sections 257.55, subdivision 1, paragraph (d), (e), 
3.22 	(f), (g), or (h), and 257.62, subdivision 5, paragraph (b), or the nonexistence of the father 
3.23 	and child relationship presumed under  section 257.55, subdivision 1, clause (d) of that 
3.24 	subdivision;
3.25 	 (2) for the purpose of declaring the nonexistence of the father and child relationship 
3.26 	presumed under section 257.55, subdivision 1, paragraph (e) or (g), only if the action is 
3.27 	brought within six months after the person bringing the action obtains the results of blood 
3.28 	or genetic tests that indicate that the presumed father is not the father of the child;
3.29 	 (3) for the purpose of declaring the nonexistence of the father and child relationship 
3.30 	presumed under section 257.55, subdivision 1, paragraph (f) 257.62, subdivision 5, 
3.31 	paragraph (b), only if the action is brought within three years after the party bringing 
3.32 	the action, or the party's attorney of record, has been provided the blood or genetic test 
3.33 	results; or
3.34 	 (4) for the purpose of declaring the nonexistence of the father and child relationship 
3.35 	presumed under section 257.75, subdivision 9, only if the action is brought by the minor 
4.1 	signatory within six months after the minor signatory reaches the age of 18.  In the case of 
4.2 	a recognition of parentage executed by two minor signatories, the action to declare the 
4.3 	nonexistence of the father and child relationship must be brought within six months after 
4.4 	the youngest signatory reaches the age of 18.

4.5 	Sec. 4. Minnesota Statutes 2004, section 257.62, subdivision 5, is amended to read:
4.6 		 Subd. 5.Positive test results.  (a) If the results of blood or genetic tests completed 
4.7 	in a laboratory accredited by the American Association of Blood Banks indicate that 
4.8 	the likelihood of the alleged father's paternity, calculated with a prior probability of no 
4.9 	more than 0.5 (50 percent), is 92 percent or greater, upon motion the court shall order the 
4.10 	alleged father to pay temporary child support determined according to chapter 518.  The 
4.11 	alleged father shall pay the support money to the public authority if the public authority is 
4.12 	a party and is providing services to the parties or, if not, into court pursuant to the Rules of 
4.13 	Civil Procedure to await the results of the paternity proceedings.
4.14 	 (b) If the results of blood or genetic tests completed in a laboratory accredited by 
4.15 	the American Association of Blood Banks indicate that likelihood of the alleged father's 
4.16 	paternity, calculated with a prior probability of no more than 0.5 (50 percent), is 99 percent 
4.17 	or greater, there is an evidentiary presumption that the alleged father is presumed to be the 
4.18 	parent biological father and the party opposing the establishment of the alleged father's 
4.19 	paternity has the burden of proving by clear and convincing evidence that the alleged 
4.20 	father is not the father of the child.
4.21 	(c) A determination under this subdivision that the alleged father is the biological 
4.22 	father does not preclude the adjudication of another man as the legal father under section 
4.23 	257.55, subdivision 2, nor does it allow the donor of genetic material for assisted 
4.24 	reproduction for the benefit of a recipient parent, whether sperm or ovum (egg), to claim 
4.25 	to be the child's biological or legal parent. 

4.26 	Sec. 5. Minnesota Statutes 2004, section 257C.03, subdivision 7, is amended to read:
4.27 		 Subd. 7.Interested third party; burden of proof; factors.  (a) To establish that an 
4.28 	individual is an interested third party, the individual must:
4.29 	 (1) show by clear and convincing evidence that one of the following factors exist:
4.30 	 (i) the parent has abandoned, neglected, or otherwise exhibited disregard for the 
4.31 	child's well-being to the extent that the child will be harmed by living with the parent;
4.32 	 (ii) placement of the child with the individual takes priority over preserving the 
4.33 	day-to-day parent-child relationship because of the presence of physical or emotional 
4.34 	danger to the child, or both; or
5.1 	 (iii) other extraordinary circumstances; and 
5.2 	 (2) prove by a preponderance of the evidence that it is in the best interests of the 
5.3 	child to be in the custody of the interested third party; and
5.4 	(3) show by clear and convincing evidence that granting the petition would not 
5.5 	violate section 518.179, subdivision 1a.
5.6 	 (b) The following factors must be considered by the court in determining an 
5.7 	interested third party's petition:
5.8 	 (1) the amount of involvement the interested third party had with the child during 
5.9 	the parent's absence or during the child's lifetime;
5.10 	 (2) the amount of involvement the parent had with the child during the parent's 
5.11 	absence;
5.12 	 (3) the presence or involvement of other interested third parties;
5.13 	 (4) the facts and circumstances of the parent's absence;
5.14 	 (5) the parent's refusal to comply with conditions for retaining custody set forth 
5.15 	in previous court orders;
5.16 	 (6)  whether the parent now seeking custody was previously prevented from doing so 
5.17 	as a result of domestic violence;
5.18 	 (7) whether a sibling of the child is already in the care of the interested third party; 
5.19 	and
5.20 	 (8) the existence of a standby custody designation under chapter 257B.
5.21 	 (c) In determining the best interests of the child, the court must apply the standards 
5.22 	in section 257C.04.

5.23 	Sec. 6. Minnesota Statutes 2004, section 259.58, is amended to read:
5.24 	259.58 COMMUNICATION OR CONTACT AGREEMENTS.
5.25 	 Adoptive parents and a birth relative or foster parents may enter an agreement 
5.26 	regarding communication with or contact between an adopted minor, adoptive parents, and 
5.27 	a birth relative or foster parents under this section.  An agreement may be entered between:
5.28 	 (1) adoptive parents and a birth parent;
5.29 	 (2) adoptive parents and any other birth relative or foster parent with whom the child 
5.30 	resided before being adopted; or
5.31 	 (3) adoptive parents and any other birth relative if the child is adopted by a birth 
5.32 	relative upon the death of both birth parents.
5.33 	 For purposes of this section, "birth relative" means a parent, stepparent, grandparent, 
5.34 	brother, sister, uncle, or aunt of a minor adoptee.  This relationship may be by blood, 
5.35 	adoption, or marriage.  For an Indian child, birth relative includes members of the extended 
6.1 	family as defined by the law or custom of the Indian child's tribe or, in the absence of laws 
6.2 	or custom, nieces, nephews, or first or second cousins, as provided in the Indian Child 
6.3 	Welfare Act, United States Code, title 25, section 1903.
6.4 	 (a) An agreement regarding communication with or contact between minor adoptees, 
6.5 	adoptive parents, and a birth relative is not legally enforceable unless the terms of the 
6.6 	agreement are contained in a written court order entered in accordance with this section.  
6.7 	An order may be sought at any time before a decree of adoption is granted.  The order 
6.8 	must be issued within 30 days of being submitted to the court or by the granting of the 
6.9 	decree of adoption, whichever is earlier.  The court shall not enter a proposed order unless 
6.10 	the terms of the order have been approved in writing by the prospective adoptive parents, 
6.11 	a birth relative or foster parent who desires to be a party to the agreement, and, if the child 
6.12 	is in the custody of or under the guardianship of an agency, a representative of the agency.  
6.13 	A birth parent must approve in writing of an agreement between adoptive parents and any 
6.14 	other birth relative or foster parent, unless an action has been filed against the birth parent 
6.15 	by a county under chapter 260.  An agreement under this section need not disclose the 
6.16 	identity of the parties to be legally enforceable.  The court shall not enter a proposed order 
6.17 	unless the court finds that the communication or contact between the minor adoptee, the 
6.18 	adoptive parents, and a birth relative as agreed upon and contained in the proposed order 
6.19 	would be in the minor adoptee's best interests.  The court shall mail a certified copy of 
6.20 	the order to the parties to the agreement or their representatives at the addresses provided 
6.21 	by the petitioners.
6.22 	 (b) Failure to comply with the terms of an agreed order regarding communication or 
6.23 	contact that has been entered by the court under this section is not grounds for:
6.24 	 (1) setting aside an adoption decree; or
6.25 	 (2) revocation of a written consent to an adoption after that consent has become 
6.26 	irrevocable.
6.27 	 (c) An agreed order entered under this section may be enforced by filing a petition 
6.28 	or motion with the family court that includes a certified copy of the order granting the 
6.29 	communication, contact, or visitation, but only if the petition or motion is accompanied by 
6.30 	an affidavit that the parties have mediated or attempted to mediate any dispute under the 
6.31 	agreement or that the parties agree to a proposed modification.  The prevailing party may 
6.32 	be awarded reasonable attorney's fees and costs.  The court shall not modify an agreed 
6.33 	order under this section unless it finds that the modification is necessary to serve the 
6.34 	best interests of the minor adoptee, and:
6.35 	 (1) the modification is agreed to by the parties to the agreement; or
7.1 	 (2) exceptional circumstances have arisen since the agreed order was entered that 
7.2 	justify modification of the order.
7.3 	(d) For children under state guardianship when there is a written communication 
7.4 	or contact agreement between prospective adoptive parents and birth relatives other than 
7.5 	birth parents it must be included in the final adoption decree unless all the parties agree to 
7.6 	omit it.  If the adoptive parents or birth relatives do not comply with the communication 
7.7 	or contact agreement, the court shall determine the terms of the communication and 
7.8 	contact agreement. 

7.9 	Sec. 7. Minnesota Statutes 2004, section 484.65, subdivision 9, is amended to read:
7.10 		Subd. 9.Referees; review appeal. All recommended orders and findings of 
7.11 	a referee shall be subject to confirmation by said district court judge. Review of any 
7.12 	recommended order or finding of a referee by the district court judge may be had by 
7.13 	notice served and filed within ten days of effective notice of such recommended order or 
7.14 	finding. The notice of review shall specify the grounds for such review and the specific 
7.15 	provisions of the recommended findings or orders disputed, and said district court judge, 
7.16 	upon receipt of such notice of review, shall set a time and place for such review hearing.
7.17 	Fourth Judicial District Family Court referee orders and decrees may be appealed directly 
7.18 	to the Court of Appeals in the same manner as judicial orders and decrees. The time for 
7.19 	appealing an appealable referee order runs from service by any party of written notice of 
7.20 	the filing of the confirmed order.

7.21 	EFFECTIVE DATE. This section is effective the day following final enactment.

7.22 	Sec. 8. Minnesota Statutes 2004, section 517.05, is amended to read:
7.23 	517.05 CREDENTIALS OF MINISTER OR MEJ KOOB.
7.24 		Subdivision 1.Minister. Ministers of any religious denomination, before they are 
7.25 	authorized to solemnize a marriage, shall file a copy of their credentials of license or 
7.26 	ordination with the court administrator of the district courtlocal registrar  of a county in 
7.27 	this state, who shall record the same and give a certificate thereof. The place where the 
7.28 	credentials are recorded shall be endorsed upon and recorded with each certificate of 
7.29 	marriage granted by a minister.
7.30 		Subd. 2.Mej Koob. Before a Mej Koob is authorized to solemnize a marriage, 
7.31 	the Mej Koob must file a signed statement with the local registrar in any county in the 
7.32 	state indicating the person's intent to solemnize Hmong marriages as provided in section 
7.33 	517.18, subdivision 4a. The local registrar shall record the statement and give the person a 
8.1 	certificate indicating the person's authority to solemnize those marriages.  The place where 
8.2 	the statement is recorded must be endorsed upon and recorded with each certificate of 
8.3 	marriage granted by the Mej Koob.

8.4 	Sec. 9. Minnesota Statutes 2004, section 517.14, is amended to read:
8.5 	517.14 ILLEGAL MARRIAGE; FALSE CERTIFICATE; PENALTY.
8.6 	A person who does any of the following is guilty of a misdemeanor:
8.7 	(1) a person authorized by law to solemnize marriages who knowingly solemnizes a 
8.8 	marriage contrary to the provisions of this chapter, or knowing of any legal impediment to 
8.9 	the proposed marriage, or;
8.10 	(2) a person who willfully makes a false certificate of any marriage or pretended 
8.11 	marriage is guilty of a misdemeanor; or
8.12 	(3) a person who knowingly facilitates or assists in arranging the solemnization of a 
8.13 	marriage contrary to the provisions of this chapter.

8.14 	Sec. 10. Minnesota Statutes 2004, section 517.18, is amended to read:
8.15 	517.18 MARRIAGE SOLEMNIZATION; SPECIAL PROVISIONS.
8.16 		Subdivision 1.Friends or Quakers. All Marriages solemnized among the people 
8.17 	called Friends or Quakers, in the form heretofore practiced and in use in their meetings, 
8.18 	shall be valid and not affected by any of the foregoing provisions. The clerk of the meeting 
8.19 	in which such marriage is solemnized, within one month after any such marriage, shall 
8.20 	deliver a certificate of the same to the local registrar of the county where the marriage took 
8.21 	place, under penalty of not more than $100. Such certificate shall be filed and recorded by 
8.22 	the court administrator under a like penalty. If such marriage does not take place in such 
8.23 	meeting, such certificate shall be signed by the parties and at least six witnesses present, 
8.24 	and shall be filed and recorded as above provided under a like penalty.
8.25 		Subd. 2.Baha'i. Marriages may be solemnized among members of the Baha'i faith 
8.26 	by the chair of an incorporated local Spiritual Assembly of the Baha'is, according to the 
8.27 	form and usage of such society.
8.28 		Subd. 3.Buddhists; Hindus; Muslims. Marriages may be solemnized among 
8.29 	Buddhists, Hindus, or Muslims by the person chosen by a local Buddhist, Hindu, or 
8.30 	Muslim association, according to the form and usage of their respective religions.
8.31 		Subd. 4.American Indians. Marriages may be solemnized among American 
8.32 	Indians according to the form and usage of their religion by an Indian Mide' or holy 
8.33 	person chosen by the parties to the marriage.
8.34 		Subd. 4a.Hmong. Marriages may be solemnized among Hmong by the Mej Koob.
9.1 		Subd. 5.Construction of section. Nothing in subdivisions 2 to 4 4a shall be 
9.2 	construed to alter the requirements of section  517.01,  517.09 or  517.10. 
9.3 		Subd. 6.Filing of certificate. (a) Within five days after a marriage is solemnized 
9.4 	under subdivision 1, the clerk of the meeting shall deliver a certificate of the marriage to 
9.5 	the local registrar of the county where the marriage took place. If the marriage did not take 
9.6 	place at a meeting, the certificate must be signed by the parties and at least six witnesses 
9.7 	to the marriage and delivered by one of the parties. Within five days after a marriage is 
9.8 	solemnized in a manner specified in subdivisions 2 to 4a, the person who solemnized the 
9.9 	marriage must deliver the certificate. The local registrar shall file and record the certificate.
9.10 	(b) A person who does not deliver, file, or record a certificate as required under this 
9.11 	subdivision is subject to a civil penalty of up to $100.
9.12 		Subd. 7.Application of other law. Nothing in this section authorizes the 
9.13 	solemnization of a marriage in violation of  this chapter or solemnization of a marriage to 
9.14 	which both parties do not voluntarily consent.

9.15 	Sec. 11. Minnesota Statutes 2004, section 518.091, subdivision 1, is amended to read:
9.16 		 Subdivision 1.Temporary restraining orders.  (a) Every summons must include 
9.17 	the notice in this subdivision.
9.18 	 NOTICE OF TEMPORARY RESTRAINING AND ALTERNATIVE 
9.19 	DISPUTE RESOLUTION PROVISIONS
9.20 	 UNDER MINNESOTA LAW, SERVICE OF THIS SUMMONS MAKES THE 
9.21 	FOLLOWING REQUIREMENTS APPLY TO BOTH PARTIES TO THIS ACTION, 
9.22 	UNLESS THEY ARE MODIFIED BY THE COURT OR THE PROCEEDING IS 
9.23 	DISMISSED:
9.24 	 (1) NEITHER PARTY MAY DISPOSE OF ANY ASSETS EXCEPT (i) FOR THE 
9.25 	NECESSITIES OF LIFE OR FOR THE NECESSARY GENERATION OF INCOME OR 
9.26 	PRESERVATION OF ASSETS, (ii) BY AN AGREEMENT IN WRITING, OR (iii) FOR 
9.27 	RETAINING COUNSEL TO CARRY ON OR TO CONTEST THIS PROCEEDING;
9.28 	 (2) NEITHER PARTY MAY HARASS THE OTHER PARTY; AND
9.29 	 (3) ALL CURRENTLY AVAILABLE INSURANCE COVERAGE MUST BE 
9.30 	MAINTAINED AND CONTINUED WITHOUT CHANGE IN COVERAGE OR 
9.31 	BENEFICIARY DESIGNATION.
9.32 	 IF YOU VIOLATE ANY OF THESE PROVISIONS, YOU WILL BE SUBJECT 
9.33 	TO SANCTIONS BY THE COURT.
9.34 	 (4) PARTIES TO A MARRIAGE DISSOLUTION PROCEEDING ARE 
9.35 	ENCOURAGED TO ATTEMPT ALTERNATIVE DISPUTE RESOLUTION 
10.1 	PURSUANT TO MINNESOTA LAW.  ALTERNATIVE DISPUTE RESOLUTION 
10.2 	INCLUDES MEDIATION, ARBITRATION, AND OTHER PROCESSES AS SET 
10.3 	FORTH IN THE DISTRICT COURT RULES SHALL PARTICIPATE IN A MINIMUM 
10.4 	OF TWO HOURS OF MEDIATION WITHIN 60 DAYS OF COMMENCEMENT OF 
10.5 	A DIVORCE ACTION BY SERVICE OF THIS SUMMONS, UNLESS THE PARTIES 
10.6 	FILE A SIGNED MARITAL TERMINATION AGREEMENT WITH THE COURT 
10.7 	DURING THAT TIME OR DO NOT HAVE THE MEANS TO DEFRAY THE COST 
10.8 	OF THE MEDIATION.  YOU MAY CONTACT THE COURT ADMINISTRATOR 
10.9 	ABOUT RESOURCES IN YOUR AREA.  IF YOU CANNOT PAY FOR MEDIATION 
10.10 	OR ALTERNATIVE DISPUTE RESOLUTION, IN SOME COUNTIES, ASSISTANCE 
10.11 	MAY BE AVAILABLE TO YOU THROUGH A NONPROFIT PROVIDER OR A 
10.12 	COURT PROGRAM.  IF YOU ARE A VICTIM OF DOMESTIC ABUSE OR THREATS 
10.13 	OF ABUSE AS DEFINED IN MINNESOTA STATUTES, CHAPTER 518B, YOU ARE 
10.14 	NOT REQUIRED TO TRY MEDIATION AND YOU WILL NOT BE PENALIZED BY 
10.15 	THE COURT IN LATER PROCEEDINGS.
10.16 	 (b) Upon service of the summons, the restraining provisions contained in the notice 
10.17 	apply by operation of law upon both parties until modified by further order of the court or 
10.18 	dismissal of the proceeding, unless more than one year has passed since the last document 
10.19 	was filed with the court.

10.20 	Sec. 12. Minnesota Statutes 2004, section 518.1705, subdivision 4, is amended to read:
10.21 		 Subd. 4.Custody designation. A final judgment and decree that includes a 
10.22 	parenting plan using alternate terms to designate decision-making responsibilities or 
10.23 	allocation of residential time between the parents must designate whether the parents have 
10.24 	joint legal custody or joint physical custody or which parent has sole legal custody or sole 
10.25 	physical custody, or both.  This designation is solely for enforcement of the final judgment 
10.26 	and decree where this designation is required for that enforcement and has no effect 
10.27 	under the laws of this state, any other state, or another country that do not require this 
10.28 	designation. A parenting plan is not required to designate sole or joint legal or physical 
10.29 	custody. If the parenting plan substitutes other terms for legal and physical custody or 
10.30 	does not make a designation and a designation of legal and physical custody is necessary 
10.31 	for enforcement of the judgment and decree in another jurisdiction, it must be considered 
10.32 	solely for that purpose that the parents have joint legal and joint physical custody.  

10.33 	Sec. 13. Minnesota Statutes 2004, section 518.1705, subdivision 7, is amended to read:
11.1 		 Subd. 7.Moving the child to another state.  Parents may agree, but the court must 
11.2 	not require, that in a parenting plan the factors in section 518.17 or 257.025, as applicable, 
11.3 	upon the legal standard that will govern a decision concerning removal of a child's 
11.4 	residence from this state, provided that:
11.5 	 (1) both parents were represented by counsel when the parenting plan was approved; 
11.6 	or
11.7 	 (2) the court found the parents were fully informed, the agreement was voluntary, 
11.8 	and the parents were aware of its implications.

11.9 	Sec. 14. Minnesota Statutes 2004, section 518.175, subdivision 3, is amended to read:
11.10 		 Subd. 3.Move to another state. (a) The parent with whom the child resides shall 
11.11 	not move the residence of the child to another state except upon order of the court or 
11.12 	with the consent of the other parent, if the other parent has been given parenting time by 
11.13 	the decree.  If the purpose of the move is to interfere with parenting time given to the 
11.14 	other parent by the decree, the court shall not permit the child's residence to be moved to 
11.15 	another state.
11.16 	(b) The court shall apply a best interests standard when considering the request of 
11.17 	the parent with whom the child resides to move the child's residence to another state. 
11.18 	The factors the court must consider in determining the child's best interests include, but 
11.19 	are not limited to: 
11.20 	(1) the nature, quality, extent of involvement, and duration of the child's relationship 
11.21 	with the person proposing to relocate and with the nonrelocating person, siblings, and 
11.22 	other significant persons in the child's life; 
11.23 	(2) the age, developmental stage, needs of the child, and the likely impact the 
11.24 	relocation will have on the child's physical, educational, and emotional development, 
11.25 	taking into consideration special needs of the child; 
11.26 	(3) the feasibility of preserving the relationship between the nonrelocating person 
11.27 	and the child through suitable parenting time arrangements, considering the logistics 
11.28 	and financial circumstances of the parties; 
11.29 	(4) the child's preference, taking into consideration the age and maturity of the child; 
11.30 	(5) whether there is an established pattern of conduct of the person seeking the 
11.31 	relocation either to promote or thwart the relationship of the child and the nonrelocating 
11.32 	person; 
11.33 	(6) whether the relocation of the child will enhance the general quality of the life for 
11.34 	both the custodial parent seeking the relocation and the child including, but not limited to, 
11.35 	financial or emotional benefit or educational opportunity; 
12.1 	(7) the reasons of each person for seeking or opposing the relocation; and 
12.2 	(8) the effect on the safety and welfare of the child, or of the parent requesting to 
12.3 	move the child's residence, of domestic abuse, as defined in section 518B.01. 
12.4 	(c) The burden of proof is upon the parent requesting to move the residence of the 
12.5 	child to another state, except that if the court finds that the person requesting permission 
12.6 	to move has been a victim of domestic abuse by the other parent, the burden of proof is 
12.7 	upon the parent opposing the move.  The court must consider all of the factors in this 
12.8 	subdivision in determining the best interests of the child. 

12.9 	Sec. 15. Minnesota Statutes 2004, section 518.179, is amended by adding a subdivision 
12.10 	to read:
12.11 		Subd. 1a.Custody of nonbiological child. A person convicted of a crime described 
12.12 	in subdivision 2 may not be considered for custody of a child unless the child is the 
12.13 	person's child by birth or adoption. 

12.14 	Sec. 16. Minnesota Statutes 2004, section 518.18, is amended to read:
12.15 	518.18 MODIFICATION OF ORDER.
12.16 	 (a) Unless agreed to in writing by the parties, no motion to modify a custody order 
12.17 	or parenting plan may be made earlier than one year after the date of the entry of a decree 
12.18 	of dissolution or legal separation containing a provision dealing with custody, except in 
12.19 	accordance with paragraph (c).
12.20 	 (b) If a motion for modification has been heard, whether or not it was granted, unless 
12.21 	agreed to in writing by the parties no subsequent motion may be filed within two years 
12.22 	after disposition of the prior motion on its merits, except in accordance with paragraph (c).
12.23 	 (c) The time limitations prescribed in paragraphs (a) and (b) shall not prohibit a 
12.24 	motion to modify a custody order or parenting plan if the court finds that there is persistent 
12.25 	and willful denial or interference with parenting time, or has reason to believe that the 
12.26 	child's present environment may endanger the child's physical or emotional health or 
12.27 	impair the child's emotional development.
12.28 	 (d) If the court has jurisdiction to determine child custody matters, the court shall 
12.29 	not modify a prior custody order or a parenting plan provision which specifies the child's 
12.30 	primary residence unless it finds, upon the basis of facts, including unwarranted denial of, 
12.31 	or interference with, a duly established parenting time schedule, that have arisen since the 
12.32 	prior order or that were unknown to the court at the time of the prior order, that a change 
12.33 	has occurred in the circumstances of the child or the parties and that the modification is 
12.34 	necessary to serve the best interests of the child.  In applying these standards the court 
13.1 	shall retain the custody arrangement or the parenting plan provision specifying the child's 
13.2 	primary residence that was established by the prior order unless:
13.3 	 (i) the court finds that a change in the custody arrangement or primary residence is in 
13.4 	the best interests of the child and the parties previously agreed, in a writing approved by a 
13.5 	court, to apply the best interests standard in section 518.17 or 257.025, as applicable; and, 
13.6 	with respect to agreements approved by a court on or after April 28, 2000, both parties 
13.7 	were represented by counsel when the agreement was approved or the court found the 
13.8 	parties were fully informed, the agreement was voluntary, and the parties were aware 
13.9 	of its implications;
13.10 	 (ii) both parties agree to the modification;
13.11 	 (iii) the child has been integrated into the family of the petitioner with the consent of 
13.12 	the other party; or 
13.13 	 (iv) the child's present environment endangers the child's physical or emotional 
13.14 	health or impairs the child's emotional development and the harm likely to be caused by a 
13.15 	change of environment is outweighed by the advantage of a change to the child; or 
13.16 	(v) the court has denied a request of the primary custodial parent to move the 
13.17 	residence of the child to another state, and the primary custodial parent has relocated 
13.18 	to another state despite the court's order.
13.19 	 In addition, a court may modify a custody order or parenting plan under section 
13.20 	631.52.
13.21 	 (e) In deciding whether to modify a prior joint custody order, the court shall apply 
13.22 	the standards set forth in paragraph (d) unless:  (1) the parties agree in writing to the 
13.23 	application of a different standard, or (2) the party seeking the modification is asking the 
13.24 	court for permission to move the residence of the child to another state.
13.25 	 (f) If a parent has been granted sole physical custody of a minor and the child 
13.26 	subsequently lives with the other parent, and temporary sole physical custody has been 
13.27 	approved by the court or by a court-appointed referee, the court may suspend the obligor's 
13.28 	child support obligation pending the final custody determination.  The court's order 
13.29 	denying the suspension of child support must include a written explanation of the reasons 
13.30 	why continuation of the child support obligation would be in the best interests of the child.

13.31 	Sec. 17. Minnesota Statutes 2004, section 518.191, subdivision 2, is amended to read:
13.32 		 Subd. 2.Required information.  A summary real estate disposition judgment must 
13.33 	contain the following information: (1) the full caption and file number of the case and the 
13.34 	title "Summary Real Estate Disposition Judgment"; (2) the dates of the parties' marriage 
13.35 	and of the entry of the judgment and decree of dissolution; (3) the names of the parties' 
14.1 	attorneys or if either or both appeared pro se; (4) the name of the judge and referee, if 
14.2 	any, who signed the order for judgment and decree; (5) whether the judgment and decree 
14.3 	resulted from a stipulation, a default, or a trial and the appearances at the default or trial; 
14.4 	(6) if the judgment and decree resulted from a stipulation, whether disposition of the 
14.5 	property was stipulated to by legal description; (7) if the judgment and decree resulted 
14.6 	from a default, whether the petition contained the legal description of the property and 
14.7 	disposition was made in accordance with the request for relief, and service of the summons 
14.8 	and petition was made personally pursuant to the Rules of Civil Procedure, Rule 4.03(a), 
14.9 	or section 543.19; (8) whether either party changed the party's name through the judgment 
14.10 	and decree; (7) (9) the legal description of each parcel of real estate; (8) (10) the name or 
14.11 	names of the persons awarded an interest in each parcel of real estate and a description of 
14.12 	the interest awarded; (9) (11) liens, mortgages, encumbrances, or other interests in the real 
14.13 	estate described in the judgment and decree; and (10) (12) triggering or contingent events 
14.14 	set forth in the judgment and decree affecting the disposition of each parcel of real estate.

14.15 	Sec. 18. Minnesota Statutes 2004, section 518.58, subdivision 4, is amended to read:
14.16 		 Subd. 4.Pension plans.  (a) The division of marital property that represents pension 
14.17 	plan benefits or rights in the form of future pension plan payments:
14.18 	 (1) is payable only to the extent of the amount of the pension plan benefit payable 
14.19 	under the terms of the plan;
14.20 	 (2) is not payable for a period that exceeds the time that pension plan benefits are 
14.21 	payable to the pension plan benefit recipient;
14.22 	 (3) is not payable in a lump sum amount from defined benefit pension plan assets 
14.23 	attributable in any fashion to a spouse with the status of an active member, deferred 
14.24 	retiree, or benefit recipient of a pension plan;
14.25 	 (4) if the former spouse to whom the payments are to be made dies prior to the end 
14.26 	of the specified payment period with the right to any remaining payments accruing to an 
14.27 	estate or to more than one survivor, is payable only to a trustee on behalf of the estate or 
14.28 	the group of survivors for subsequent apportionment by the trustee; and
14.29 	 (5) in the case of defined benefit public pension plan benefits or rights, may not 
14.30 	commence until the public plan member submits a valid application for a public pension 
14.31 	plan benefit and the benefit becomes payable.
14.32 	 (b) The individual retirement account plans established under chapter 354B may 
14.33 	provide in its plan document, if published and made generally available, for an alternative 
14.34 	marital property division or distribution of individual retirement account plan assets.  If an 
15.1 	alternative division or distribution procedure is provided, it applies in place of paragraph 
15.2 	(a), clause (5).

15.3 	Sec. 19. Minnesota Statutes 2005 Supplement, section 626.556, subdivision 2, is 
15.4 	amended to read:
15.5 		Subd. 2.Definitions. As used in this section, the following terms have the meanings 
15.6 	given them unless the specific content indicates otherwise:
15.7 	(a) "Family assessment" means a comprehensive assessment of child safety, risk 
15.8 	of subsequent child maltreatment, and family strengths and needs that is applied to a 
15.9 	child maltreatment report that does not allege substantial child endangerment. Family 
15.10 	assessment does not include a determination as to whether child maltreatment occurred 
15.11 	but does determine the need for services to address the safety of family members and the 
15.12 	risk of subsequent maltreatment.
15.13 	(b) "Investigation" means fact gathering related to the current safety of a child 
15.14 	and the risk of subsequent maltreatment that determines whether child maltreatment 
15.15 	occurred and whether child protective services are needed. An investigation must be used 
15.16 	when reports involve substantial child endangerment, and for reports of maltreatment in 
15.17 	facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to 
15.18 	144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and 
15.19 	13, and 124D.10; or in a nonlicensed personal care provider association as defined in 
15.20 	sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.
15.21 	(c) "Substantial child endangerment" means a person responsible for a child's care, a 
15.22 	person who has a significant relationship to the child as defined in section 609.341, or a 
15.23 	person in a position of authority as defined in section 609.341, who by act or omission 
15.24 	commits or attempts to commit an act against a child under their care that constitutes 
15.25 	any of the following:
15.26 	(1) egregious harm as defined in section 260C.007, subdivision 14;
15.27 	(2) sexual abuse as defined in paragraph (d);
15.28 	(3) abandonment under section 260C.301, subdivision 2;
15.29 	(4) neglect as defined in paragraph (f), clause (2), that substantially endangers the 
15.30 	child's physical or mental health, including a growth delay, which may be referred to as 
15.31 	failure to thrive, that has been diagnosed by a physician and is due to parental neglect;
15.32 	(5) murder in the first, second, or third degree under section 609.185, 609.19, or 
15.33 	609.195;
15.34 	(6) manslaughter in the first or second degree under section 609.20 or 609.205;
16.1 	(7) assault in the first, second, or third degree under section 609.221, 609.222, or 
16.2 	609.223;
16.3 	(8) solicitation, inducement, and promotion of prostitution under section 609.322;
16.4 	(9) criminal sexual conduct under sections 609.342 to 609.3451;
16.5 	(10) solicitation of children to engage in sexual conduct under section 609.352;
16.6 	(11) malicious punishment or neglect or endangerment of a child under section 
16.7 	609.377 or 609.378;
16.8 	(12) use of a minor in sexual performance under section 617.246; or
16.9 	(13) parental behavior, status, or condition which mandates that the county attorney 
16.10 	file a termination of parental rights petition under section 260C.301, subdivision 3, 
16.11 	paragraph (a).
16.12 	(d) "Sexual abuse" means the subjection of a child by a person responsible for the 
16.13 	child's care, by a person who has a significant relationship to the child, as defined in 
16.14 	section 609.341, or by a person in a position of authority, as defined in section 609.341, 
16.15 	subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual 
16.16 	conduct in the first degree), 609.343 (criminal sexual conduct in the second degree), 
16.17 	609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct 
16.18 	in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual 
16.19 	abuse also includes any act which involves a minor which constitutes a violation of 
16.20 	prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes 
16.21 	threatened sexual abuse.
16.22 	(e) "Person responsible for the child's care" means (1) an individual functioning 
16.23 	within the family unit and having responsibilities for the care of the child such as a 
16.24 	parent, guardian, or other person having similar care responsibilities, or (2) an individual 
16.25 	functioning outside the family unit and having responsibilities for the care of the child 
16.26 	such as a teacher, school administrator, other school employees or agents, or other lawful 
16.27 	custodian of a child having either full-time or short-term care responsibilities including, 
16.28 	but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching, 
16.29 	and coaching.
16.30 	(f) "Neglect" means:
16.31 	(1) failure by a person responsible for a child's care to supply a child with necessary 
16.32 	food, clothing, shelter, health, medical, or other care required for the child's physical or 
16.33 	mental health when reasonably able to do so;
16.34 	(2) failure to protect a child from conditions or actions that seriously endanger the 
16.35 	child's physical or mental health when reasonably able to do so, including a growth delay, 
17.1 	which may be referred to as a failure to thrive, that has been diagnosed by a physician and 
17.2 	is due to parental neglect;
17.3 	(3) failure to provide for necessary supervision or child care arrangements 
17.4 	appropriate for a child after considering factors as the child's age, mental ability, physical 
17.5 	condition, length of absence, or environment, when the child is unable to care for the 
17.6 	child's own basic needs or safety, or the basic needs or safety of another child in their care;
17.7 	(4) failure to ensure that the child is educated as defined in sections 120A.22 and 
17.8 	260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's 
17.9 	child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;
17.10 	(5) nothing in this section shall be construed to mean that a child is neglected solely 
17.11 	because the child's parent, guardian, or other person responsible for the child's care in 
17.12 	good faith selects and depends upon spiritual means or prayer for treatment or care of 
17.13 	disease or remedial care of the child in lieu of medical care; except that a parent, guardian, 
17.14 	or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report 
17.15 	if a lack of medical care may cause serious danger to the child's health. This section does 
17.16 	not impose upon persons, not otherwise legally responsible for providing a child with 
17.17 	necessary food, clothing, shelter, education, or medical care, a duty to provide that care;
17.18 	(6) prenatal exposure to a controlled substance, as defined in section 253B.02, 
17.19 	subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal 
17.20 	symptoms in the child at birth, results of a toxicology test performed on the mother at 
17.21 	delivery or the child at birth, or medical effects or developmental delays during the child's 
17.22 	first year of life that medically indicate prenatal exposure to a controlled substance;
17.23 	(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);
17.24 	(8) chronic and severe use of alcohol or a controlled substance by a parent or 
17.25 	person responsible for the care of the child that adversely affects the child's basic needs 
17.26 	and safety; or
17.27 	(9) emotional harm from a pattern of behavior which contributes to impaired 
17.28 	emotional functioning of the child which may be demonstrated by a substantial and 
17.29 	observable effect in the child's behavior, emotional response, or cognition that is not 
17.30 	within the normal range for the child's age and stage of development, with due regard 
17.31 	to the child's culture; or
17.32 	(10) allowing a child to enter into a marriage in violation of section 517.02,  or 
17.33 	otherwise allowing solemnization of a marriage in accordance with the form and usage of 
17.34 	a particular religion or culture in violation of these provisions, regardless of whether the 
17.35 	marriage is solemnized in a manner authorized under chapter 517.
18.1 	(g) "Physical abuse" means any physical injury, mental injury, or threatened injury, 
18.2 	inflicted by a person responsible for the child's care on a child other than by accidental 
18.3 	means, or any physical or mental injury that cannot reasonably be explained by the child's 
18.4 	history of injuries, or any aversive or deprivation procedures, or regulated interventions, 
18.5 	that have not been authorized under section 121A.67 or 245.825. Abuse does not include 
18.6 	reasonable and moderate physical discipline of a child administered by a parent or legal 
18.7 	guardian which does not result in an injury. Abuse does not include the use of reasonable 
18.8 	force by a teacher, principal, or school employee as allowed by section 121A.582. Actions 
18.9 	which are not reasonable and moderate include, but are not limited to, any of the following 
18.10 	that are done in anger or without regard to the safety of the child:
18.11 	(1) throwing, kicking, burning, biting, or cutting a child;
18.12 	(2) striking a child with a closed fist;
18.13 	(3) shaking a child under age three;
18.14 	(4) striking or other actions which result in any nonaccidental injury to a child 
18.15 	under 18 months of age;
18.16 	(5) unreasonable interference with a child's breathing;
18.17 	(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;
18.18 	(7) striking a child under age one on the face or head;
18.19 	(8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled 
18.20 	substances which were not prescribed for the child by a practitioner, in order to control 
18.21 	or punish the child; or other substances that substantially affect the child's behavior, 
18.22 	motor coordination, or judgment or that results in sickness or internal injury, or subjects 
18.23 	the child to medical procedures that would be unnecessary if the child were not exposed 
18.24 	to the substances;
18.25 	(9) unreasonable physical confinement or restraint not permitted under section 
18.26 	609.379, including but not limited to tying, caging, or chaining; or
18.27 	(10) in a school facility or school zone, an act by a person responsible for the child's 
18.28 	care that is a violation under section 121A.58.
18.29 	(h) "Report" means any report received by the local welfare agency, police 
18.30 	department, county sheriff, or agency responsible for assessing or investigating 
18.31 	maltreatment pursuant to this section.
18.32 	(i) "Facility" means a licensed or unlicensed day care facility, residential facility, 
18.33 	agency, hospital, sanitarium, or other facility or institution required to be licensed under 
18.34 	sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or chapter 245B; or a school 
18.35 	as defined in sections 120A.05, subdivisions 9, 11, and 13; and 124D.10; or a nonlicensed 
19.1 	personal care provider organization as defined in sections 256B.04, subdivision 16, and 
19.2 	256B.0625, subdivision 19a.
19.3 	(j) "Operator" means an operator or agency as defined in section 245A.02.
19.4 	(k) "Commissioner" means the commissioner of human services.
19.5 	(l) "Practice of social services," for the purposes of subdivision 3, includes but is 
19.6 	not limited to employee assistance counseling and the provision of guardian ad litem and 
19.7 	parenting time expeditor services.
19.8 	(m) "Mental injury" means an injury to the psychological capacity or emotional 
19.9 	stability of a child as evidenced by an observable or substantial impairment in the child's 
19.10 	ability to function within a normal range of performance and behavior with due regard to 
19.11 	the child's culture.
19.12 	(n) "Threatened injury" means a statement, overt act, condition, or status that 
19.13 	represents a substantial risk of physical or sexual abuse or mental injury. Threatened 
19.14 	injury includes, but is not limited to, exposing a child to a person responsible for the 
19.15 	child's care, as defined in paragraph (e), clause (1), who has:
19.16 	(1) subjected a child to, or failed to protect a child from, an overt act or condition 
19.17 	that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a 
19.18 	similar law of another jurisdiction;
19.19 	(2) been found to be palpably unfit under section 260C.301, paragraph (b), clause 
19.20 	(4), or a similar law of another jurisdiction;
19.21 	(3) committed an act that has resulted in an involuntary termination of parental rights 
19.22 	under section 260C.301, or a similar law of another jurisdiction; or
19.23 	(4) committed an act that has resulted in the involuntary transfer of permanent legal 
19.24 	and physical custody of a child to a relative under section 260C.201, subdivision 11, 
19.25 	paragraph (d), clause (1), or a similar law of another jurisdiction.
19.26 	(o) Persons who conduct assessments or investigations under this section shall take 
19.27 	into account accepted child-rearing practices of the culture in which a child participates 
19.28 	and accepted teacher discipline practices, which are not injurious to the child's health, 
19.29 	welfare, and safety.

19.30 	Sec. 20. Minnesota Statutes 2005 Supplement, section 626.556, subdivision 3, is 
19.31 	amended to read:
19.32 		Subd. 3.Persons mandated to report. (a) A person who knows or has reason 
19.33 	to believe a child is being neglected or physically or sexually abused, as defined in 
19.34 	subdivision 2, or has been neglected or physically or sexually abused within the preceding 
19.35 	three years, shall immediately report the information to the local welfare agency, agency 
20.1 	responsible for assessing or investigating the report, police department, or the county 
20.2 	sheriff if the person is:
20.3 	(1) a professional or professional's delegate who is engaged in the practice of 
20.4 	the healing arts, social services, hospital administration, psychological or psychiatric 
20.5 	treatment, child care, education, correctional supervision, probation and correctional 
20.6 	services, or law enforcement; or
20.7 	(2) employed as a member of the clergy and received the information while 
20.8 	engaged in ministerial duties, provided that a member of the clergy is not required by 
20.9 	this subdivision to report information that is otherwise privileged under section 595.02, 
20.10 	subdivision 1, paragraph (c); or
20.11 	(3) a person who has authority to solemnize a marriage under chapter 517, who has 
20.12 	received information regarding neglect, as defined in subdivision 2, paragraph (f), clause 
20.13 	(10), while engaged in the performance of that function.
20.14 	The police department or the county sheriff, upon receiving a report, shall 
20.15 	immediately notify the local welfare agency or agency responsible for assessing or 
20.16 	investigating the report, orally and in writing. The local welfare agency, or agency 
20.17 	responsible for assessing or investigating the report, upon receiving a report, shall 
20.18 	immediately notify the local police department or the county sheriff orally and in writing. 
20.19 	The county sheriff and the head of every local welfare agency, agency responsible 
20.20 	for assessing or investigating reports, and police department shall each designate a 
20.21 	person within their agency, department, or office who is responsible for ensuring that 
20.22 	the notification duties of this paragraph and paragraph (b) are carried out. Nothing in 
20.23 	this subdivision shall be construed to require more than one report from any institution, 
20.24 	facility, school, or agency.
20.25 	(b) Any person may voluntarily report to the local welfare agency, agency 
20.26 	responsible for assessing or investigating the report, police department, or the county 
20.27 	sheriff if the person knows, has reason to believe, or suspects a child is being or has been 
20.28 	neglected or subjected to physical or sexual abuse. The police department or the county 
20.29 	sheriff, upon receiving a report, shall immediately notify the local welfare agency or 
20.30 	agency responsible for assessing or investigating the report, orally and in writing. The 
20.31 	local welfare agency or agency responsible for assessing or investigating the report, upon 
20.32 	receiving a report, shall immediately notify the local police department or the county 
20.33 	sheriff orally and in writing.
20.34 	(c) A person mandated to report physical or sexual child abuse or neglect occurring 
20.35 	within a licensed facility shall report the information to the agency responsible for 
20.36 	licensing the facility under sections 144.50 to 144.58; 241.021; 245A.01 to 245A.16; or 
21.1 	chapter 245B; or a nonlicensed personal care provider organization as defined in sections 
21.2 	256B.04, subdivision 16; and 256B.0625, subdivision 19. A health or corrections agency 
21.3 	receiving a report may request the local welfare agency to provide assistance pursuant 
21.4 	to subdivisions 10, 10a, and 10b. A board or other entity whose licensees perform work 
21.5 	within a school facility, upon receiving a complaint of alleged maltreatment, shall provide 
21.6 	information about the circumstances of the alleged maltreatment to the commissioner of 
21.7 	education. Section 13.03, subdivision 4, applies to data received by the commissioner of 
21.8 	education from a licensing entity.
21.9 	(d) Any person mandated to report shall receive a summary of the disposition of 
21.10 	any report made by that reporter, including whether the case has been opened for child 
21.11 	protection or other services, or if a referral has been made to a community organization, 
21.12 	unless release would be detrimental to the best interests of the child. Any person who is 
21.13 	not mandated to report shall, upon request to the local welfare agency, receive a concise 
21.14 	summary of the disposition of any report made by that reporter, unless release would be 
21.15 	detrimental to the best interests of the child.
21.16 	(e) For purposes of this subdivision, "immediately" means as soon as possible but in 
21.17 	no event longer than 24 hours.