Bill Text: MN HF101 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Child support obligation imposed on individuals whose parental rights have been terminated.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-01-17 - Introduction and first reading, referred to Civil Law [HF101 Detail]
Download: Minnesota-2013-HF101-Introduced.html
1.2relating to children; imposing a child support obligation on individuals whose
1.3parental rights have been terminated;amending Minnesota Statutes 2012,
1.4sections 260C.317, subdivision 1; 518A.26, subdivision 20.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 260C.317, subdivision 1, is amended to
1.7read:
1.8 Subdivision 1. Termination. (a) If, after a hearing, the court finds by clear and
1.9convincing evidence that one or more of the conditions set out in section260C.301 exist,
1.10it may terminate parental rights. Upon the termination of parental rights all rights, powers,
1.11privileges, immunities, duties, and obligations, including any rights to custody, control, or
1.12 visitation, or support existing between the child and parent shall be severed and terminated
1.13and the parent shall have no standing to appear at any further legal proceeding concerning
1.14the child. Provided, however, that a parent whose parental rights are terminated:
1.15(1) shall remain liable for the unpaid balance of any support obligation owed under a
1.16court order upon the effective date of the order terminating parental rights;and
1.17(2) may be a party to a communication or contact agreement under section259.58 ; and
1.18(3) may be ordered to pay child support if:
1.19(i) the court terminated the parental rights of the parent based on findings that one or
1.20more of the conditions listed in section 260C.301, subdivision 1, clause (b), exists; and
1.21(ii) the court finds that imposition of a child support obligation is in the best interests
1.22of the child.
2.1(b) Child support shall be calculated according to section 518A.34. Any child
2.2support obligation imposed under paragraph (a), clause (3), shall terminate when the
2.3child is adopted.
2.4 Sec. 2. Minnesota Statutes 2012, section 518A.26, subdivision 20, is amended to read:
2.5 Subd. 20. Support money; child support. "Support money" or "child support"
2.6means an amount for basic support, child care support, and medical support pursuant to:
2.7 (1) an award in a dissolution, legal separation, annulment, or parentage proceeding
2.8for the care, support and education of any child of the marriage or of the parties to the
2.9proceeding;
2.10 (2) a contribution by parents ordered under section256.87 ; or
2.11 (3) support ordered under section260C.317 , subdivision 1, paragraph (a), clause (3),
2.12or chapter518B or
518C .
1.3parental rights have been terminated;amending Minnesota Statutes 2012,
1.4sections 260C.317, subdivision 1; 518A.26, subdivision 20.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 260C.317, subdivision 1, is amended to
1.7read:
1.8 Subdivision 1. Termination. (a) If, after a hearing, the court finds by clear and
1.9convincing evidence that one or more of the conditions set out in section
1.10it may terminate parental rights. Upon the termination of parental rights all rights, powers,
1.11privileges, immunities, duties, and obligations, including any rights to custody, control, or
1.12 visitation
1.13and the parent shall have no standing to appear at any further legal proceeding concerning
1.14the child. Provided, however, that a parent whose parental rights are terminated:
1.15(1) shall remain liable for the unpaid balance of any support obligation owed under a
1.16court order upon the effective date of the order terminating parental rights;
1.17(2) may be a party to a communication or contact agreement under section
1.18(3) may be ordered to pay child support if:
1.19(i) the court terminated the parental rights of the parent based on findings that one or
1.20more of the conditions listed in section 260C.301, subdivision 1, clause (b), exists; and
1.21(ii) the court finds that imposition of a child support obligation is in the best interests
1.22of the child.
2.1(b) Child support shall be calculated according to section 518A.34. Any child
2.2support obligation imposed under paragraph (a), clause (3), shall terminate when the
2.3child is adopted.
2.4 Sec. 2. Minnesota Statutes 2012, section 518A.26, subdivision 20, is amended to read:
2.5 Subd. 20. Support money; child support. "Support money" or "child support"
2.6means an amount for basic support, child care support, and medical support pursuant to:
2.7 (1) an award in a dissolution, legal separation, annulment, or parentage proceeding
2.8for the care, support and education of any child of the marriage or of the parties to the
2.9proceeding;
2.10 (2) a contribution by parents ordered under section
2.11 (3) support ordered under section
2.12or chapter
