1.1Senator Gruenhagen moved to amend
H.F. No. 2 as follows (...):
1.2Page 338, after line 13, insert:
1.3 "Sec. 40. Minnesota Statutes 2024, section 518D.201, is amended to read:
1.4518D.201 INITIAL CHILD CUSTODY JURISDICTION.
1.5(a) Except as otherwise provided in section
518D.204, a court of this state has jurisdiction
1.6to make an initial child custody determination only if:
1.7(1) this state is the home state of the child on the date of the commencement of the
1.8proceeding, or was the home state of the child within six months before the commencement
1.9of the proceeding and the child is absent from this state but a parent or person acting
as a
1.10parent continues to live in this state;
1.11(2) a court of another state does not have jurisdiction under clause (1), or a court
of the
1.12home state of the child has declined to exercise jurisdiction on the ground that this
state is
1.13the more appropriate forum under section
518D.207 or
518D.208, and:
1.14(i) the child and the child's parents, or the child and at least one parent or a person
acting
1.15as a parent, have a significant connection with this state other than mere physical
presence;
1.16and
1.17(ii) substantial evidence is available in this state concerning the child's care,
protection,
1.18training, and personal relationships;
1.19(3) all courts having jurisdiction under clause (1) or (2) have declined to exercise
1.20jurisdiction on the ground that a court of this state is the more appropriate forum
to determine
1.21the custody of the child under section
518D.207 or
518D.208; or
1.22(4) no court of any other state would have jurisdiction under the criteria specified
in
1.23clause (1), (2), or (3).
1.24(b) Paragraph (a) is the exclusive jurisdictional basis for making a child custody
1.25determination by a court of this state.
1.26(c) Physical presence of, or personal jurisdiction over, a party or a child is not
necessary
1.27or sufficient to make a child custody determination.
1.28(d) The presence of a child in this state for the purpose of obtaining gender-affirming
1.29health care as defined in section
543.23, paragraph (b), is sufficient to meet the requirements
1.30of paragraph (a), clause (2), item (i).
1.31EFFECTIVE DATE.This section is effective the day following final enactment.
2.1 Sec. 41. Minnesota Statutes 2024, section 518D.204, is amended to read:
2.2518D.204 TEMPORARY EMERGENCY JURISDICTION.
2.3(a) A court of this state has temporary emergency jurisdiction if the child is present
in
2.4this state and:
2.5(1) the child has been abandoned;
or
2.6(2) it is necessary in an emergency to protect the child because the child, or a sibling
or
2.7parent of the child, is subjected to or threatened with mistreatment or abuse
; or.
2.8(3) the child has been unable to obtain gender-affirming health care as defined in
section
2.9543.23, paragraph (b).
2.10(b) If there is no previous child custody determination that is entitled to be enforced
2.11under this chapter, and a child custody proceeding has not been commenced in a court
of a
2.12state having jurisdiction under sections
518D.201 to
518D.203, a child custody determination
2.13made under this section remains in effect until an order is obtained from a court
of a state
2.14having jurisdiction under sections
518D.201 to
518D.203. If a child custody proceeding
2.15has not been or is not commenced in a court of a state having jurisdiction under sections
2.16518D.201 to
518D.203, a child custody determination made under this section becomes a
2.17final determination, if it so provides and this state becomes the home state of the
child.
2.18(c) If there is a previous child custody determination that is entitled to be enforced
under
2.19this chapter, or a child custody proceeding has been commenced in a court of a state
having
2.20jurisdiction under sections
518D.201 to
518D.203, any order issued by a court of this state
2.21under this section must specify in the order a period that the court considers adequate
to
2.22allow the person seeking an order to obtain an order from the state having jurisdiction
under
2.23sections
518D.201 to
518D.203. The order issued in this state remains in effect until an
2.24order is obtained from the other state within the period specified or the period expires.
2.25(d) A court of this state which has been asked to make a child custody determination
2.26under this section, upon being informed that a child custody proceeding has been commenced
2.27in, or a child custody determination has been made by, a court of a state having jurisdiction
2.28under sections
518D.201 to
518D.203, shall immediately communicate with the other court.
2.29A court of this state which is exercising jurisdiction pursuant to sections
518D.201 to
2.30518D.203, upon being informed that a child custody proceeding has been commenced in,
2.31or a child custody determination has been made by, a court of another state under
a statute
2.32similar to this section shall immediately communicate with the court of that state
to resolve
3.1the emergency, protect the safety of the parties and the child, and determine a period
for
3.2the duration of the temporary order.
3.3EFFECTIVE DATE.This section is effective the day following final enactment.
3.4 Sec. 42. Minnesota Statutes 2024, section 518D.207, is amended to read:
3.5518D.207 INCONVENIENT FORUM.
3.6(a) A court of this state which has jurisdiction under this chapter to make a child
custody
3.7determination may decline to exercise its jurisdiction at any time if it determines
that it is
3.8an inconvenient forum under the circumstances and that a court of another state is
a more
3.9appropriate forum. The issue of inconvenient forum may be raised upon motion of a
party,
3.10the court's own motion, or request of another court.
3.11(b) Before determining whether it is an inconvenient forum, a court of this state
shall
3.12consider whether it is appropriate for a court of another state to exercise jurisdiction.
For
3.13this purpose, the court shall allow the parties to submit information and shall consider
all
3.14relevant factors, including:
3.15(1) whether domestic violence has occurred and is likely to continue in the future
and
3.16which state could best protect the parties and the child;
3.17(2) the length of time the child has resided outside this state;
3.18(3) the distance between the court in this state and the court in the state that would
assume
3.19jurisdiction;
3.20(4) the relative financial circumstances of the parties;
3.21(5) any agreement of the parties as to which state should assume jurisdiction;
3.22(6) the nature and location of the evidence required to resolve the pending litigation,
3.23including testimony of the child;
3.24(7) the ability of the court of each state to decide the issue expeditiously and the
3.25procedures necessary to present the evidence; and
3.26(8) the familiarity of the court of each state with the facts and issues in the pending
3.27litigation.
3.28(c) If a court of this state determines that it is an inconvenient forum and that
a court of
3.29another state is a more appropriate forum, it shall stay the proceedings upon condition
that
3.30a child custody proceeding be promptly commenced in another designated state and may
3.31impose any other condition the court considers just and proper.
4.1(d) A court of this state may decline to exercise its jurisdiction under this chapter
if a
4.2child custody determination is incidental to an action for marriage dissolution or
another
4.3proceeding while still retaining jurisdiction over the marriage dissolution or other
proceeding.
4.4(e) In a case where the provision of gender-affirming health care for a child is at
issue,
4.5a court of this state shall not determine that this state is an inconvenient forum
if the law or
4.6policy of the other state that may take jurisdiction limits the ability of a parent
to obtain
4.7gender-affirming health care as defined in section
543.23, paragraph (b), for the parent's
4.8child.
4.9EFFECTIVE DATE.This section is effective the day following final enactment."
4.10Page 338, after line 19, insert:
4.11 "Sec. 44.
REPEALER.
4.12Minnesota Statutes 2024, sections 260.925; and 543.23, are repealed."
4.13Renumber the sections in sequence and correct the internal references
4.14Amend the title accordingly
4.15The motion prevailed. #did not prevail. So the amendment was #not adopted.