HF2781

HF2781 (Legislative Session 94 (2025-2026))

Definition of custodian modified for purposes of orders of protection.

Related bill: SF2979

AI Generated Summary

Purpose of the Bill

This bill aims to modify the legal definition of "custodian" in the context of orders for protection related to domestic abuse in Minnesota. This change is intended to clarify who is considered a custodian and their responsibilities regarding minor children involved in such cases.

Main Provisions

Redefinition of "Custodian": The bill specifies that a custodian can be anyone who is legally required or is actually providing care and support for a minor child of a petitioner. Previously, this definition was not as clearly articulated.
Exclusion from Custodian Definition: It states that a person is not considered a custodian if they are caring for a minor child after the petitioner's parental rights have been terminated.
Legal Custody and Parenting Time: The bill clarifies that a custodian may have physical or legal custody as per court orders, section 257.541, or through a court-ordered parenting time agreement.

Significant Changes

This legislation refines the understanding of a "custodian" by explicitly excluding those who care for a minor child if the petitioner's parental rights have been terminated, thus streamlining legal processes in cases involving protection orders.
It ensures that all arrangements regarding the custody and care of minor children are either court-sanctioned or agreed upon by a custodial parent, promoting clear legal standards in domestic abuse situations.

Relevant Terms

domestic abuse, custodian, orders for protection, parental rights termination, legal custody, court-ordered parenting time, minor child care requirements.

Bill text versions

Introduction PDF file
1st Engrossment PDF file

Actions

Date	Chamber	Where	Type	Name	Committee Name
March 23, 2025	House	Floor	Action	Introduction and first reading, referred to	Judiciary Finance and Civil Law
March 23, 2025	House	Floor	Action	Introduction and first reading, referred to	Judiciary Finance and Civil Law
April 02, 2025	House	Floor	Action	Committee report, to adopt as amended
April 02, 2025	House	Floor	Action	Committee report, to adopt as amended
April 02, 2025	House	Floor	Action	Second reading
April 02, 2025	House	Floor	Action	Second reading

Citations

[
  {
    "analysis": {
      "added": [],
      "removed": [
        "Excludes any person caring for a minor child if the petitioner's parental rights have been terminated."
      ],
      "summary": "Amends the definition of custodian for purposes of orders of protection under section 518B.01.",
      "modified": []
    },
    "citation": "518B.01",
    "subdivision": "subdivision 2"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References section 609.713 for the definition of terroristic threats as part of the domestic abuse definition amendments.",
      "modified": []
    },
    "citation": "609.713",
    "subdivision": "subdivision 1"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Includes criminal sexual conduct within the definition of domestic abuse as it references section 609.342.",
      "modified": []
    },
    "citation": "609.342",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Includes references to section 609.343 for criminal sexual conduct definitions relevant to domestic abuse.",
      "modified": []
    },
    "citation": "609.343",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Includes section 609.344 within the definition of domestic abuse for criminal sexual conduct.",
      "modified": []
    },
    "citation": "609.344",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Amends domestic abuse definitions to include criminal sexual conduct based on section 609.345.",
      "modified": []
    },
    "citation": "609.345",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References section 609.3451 for inclusion of criminal sexual conduct in the domestic abuse definition.",
      "modified": []
    },
    "citation": "609.3451",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Includes sexual extortion references under section 609.3458 in the amendments to domestic abuse definitions.",
      "modified": []
    },
    "citation": "609.3458",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Domestic abuse definition amendments reference interference with an emergency call as per section 609.78.",
      "modified": []
    },
    "citation": "609.78",
    "subdivision": "subdivision 2"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Bill references paternity determination consideration under sections 257.51 to 257.74.",
      "modified": []
    },
    "citation": "257.51",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "As part of paternity determination references, section 257.74 is cited.",
      "modified": []
    },
    "citation": "257.74",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Defines domestic violence-related offenses per section 609.02 in the amended definition.",
      "modified": []
    },
    "citation": "609.02",
    "subdivision": "subdivision 16"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Custody considerations reference section 257.541 in legal definitions involving minor children.",
      "modified": []
    },
    "citation": "257.541",
    "subdivision": "subdivision 1"
  }
]