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SF2979 (Legislative Session 94 (2025-2026))

Custodian definition modification for the purposes of orders of protection

Related bill: HF2781

AI Generated Summary

Purpose of the Bill

The purpose of this bill is to update the legal definition of a "custodian" in the context of orders for protection, specifically within Minnesota's domestic abuse laws. The goal is to clarify who can be considered a custodian responsible for the care of a minor child during proceedings related to domestic abuse, and to ensure that legal obligations for minor children are accurately reflected in the statutory language.

Main Provisions

  • The bill modifies the definition of "custodian" as it pertains to orders of protection.
  • A "custodian" includes any person aside from the petitioner or respondent who has a legal duty to care for and support a minor child of the petitioner.
  • The definition is expanded to include someone with either physical or legal custody under section 257.541, subdivision 1, as part of any court order or agreement with a custodial parent.
  • It also includes individuals with court-ordered parenting time relevant to the minor child.
  • A "custodian" excludes anyone caring for a child if the petitioner's parental rights have been terminated.

Significant Changes

  • The bill amends and clarifies existing definitions, ensuring that individuals who have legal or court-sanctioned responsibilities for a child are considered custodians for the purposes of orders for protection.
  • By refining this definition, the bill supports more precise legal interpretation and application in cases of domestic abuse involving minor children.

Relevant Terms

custodian, orders for protection, domestic abuse, minor child, custody, legal obligation, parenting time, parental rights termination

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
March 26, 2025SenateFloorActionIntroduction and first reading
March 26, 2025SenateFloorActionReferred toJudiciary and Public Safety

Citations

 
[
  {
    "analysis": {
      "added": [
        "Clarifies custodian as a person with legal obligation, excluding those caring for a child after parental rights are terminated."
      ],
      "removed": [
        "Previous ambiguous definitions related to custody."
      ],
      "summary": "This bill modifies the definition of custodian in relation to orders of protection under section 518B.01.",
      "modified": [
        "Refines the definition of 'family or household members'."
      ]
    },
    "citation": "518B.01",
    "subdivision": "subdivision 2"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This section relates to the definition of terroristic threats under section 609.713.",
      "modified": []
    },
    "citation": "609.713",
    "subdivision": "subdivision 1"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This section is referenced in defining domestic abuse as it relates to criminal sexual conduct.",
      "modified": []
    },
    "citation": "609.342",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This section is referenced in defining domestic abuse as it relates to criminal sexual conduct.",
      "modified": []
    },
    "citation": "609.343",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This section is referenced in defining domestic abuse as it relates to criminal sexual conduct.",
      "modified": []
    },
    "citation": "609.344",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This section is referenced in defining domestic abuse as it relates to criminal sexual conduct.",
      "modified": []
    },
    "citation": "609.345",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This section is referenced in defining domestic abuse as it relates to criminal sexual conduct.",
      "modified": []
    },
    "citation": "609.3451",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This section is referenced in defining domestic abuse as it relates to sexual extortion.",
      "modified": []
    },
    "citation": "609.3458",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This section deals with the interference with an emergency call in relation to domestic abuse.",
      "modified": []
    },
    "citation": "609.78",
    "subdivision": "subdivision 2"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This section provides the definition for qualified domestic violence-related offenses.",
      "modified": []
    },
    "citation": "609.02",
    "subdivision": "subdivision 16"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This section relates to custody arrangements as referred to in the bill's definition of 'custodian'.",
      "modified": []
    },
    "citation": "257.541",
    "subdivision": "subdivision 1"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Part of the section concerning the determination of paternity, referenced in relation to orders of protection.",
      "modified": []
    },
    "citation": "257.51",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Part of the section concerning the determination of paternity, referenced in relation to orders of protection.",
      "modified": []
    },
    "citation": "257.74",
    "subdivision": ""
  }
]

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