Minnesota 2025-2026 Regular Session

Minnesota House Bill HF1908 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to state government; removing gender-affirming care provisions limiting
3	3	1.3 the impact of certain laws; amending Minnesota Statutes 2024, sections 518D.201;
4	4	1.4 518D.204; 518D.207; 629.02; 629.05; 629.06; 629.13; 629.14; repealing Minnesota
5	5	1.5 Statutes 2024, sections 62Q.585; 260.925; 543.23.
6	6	1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
7	7	1.7 Section 1. Minnesota Statutes 2024, section 518D.201, is amended to read:
8	8	1.8 518D.201 INITIAL CHILD CUSTODY JURISDICTION.
9	9	1.9 (a) Except as otherwise provided in section 518D.204, a court of this state has jurisdiction
10	10	1.10to make an initial child custody determination only if:
11	11	1.11 (1) this state is the home state of the child on the date of the commencement of the
12	12	1.12proceeding, or was the home state of the child within six months before the commencement
13	13	1.13of the proceeding and the child is absent from this state but a parent or person acting as a
14	14	1.14parent continues to live in this state;
15	15	1.15 (2) a court of another state does not have jurisdiction under clause (1), or a court of the
16	16	1.16home state of the child has declined to exercise jurisdiction on the ground that this state is
17	17	1.17the more appropriate forum under section 518D.207 or 518D.208, and:
18	18	1.18 (i) the child and the child's parents, or the child and at least one parent or a person acting
19	19	1.19as a parent, have a significant connection with this state other than mere physical presence;
20	20	1.20and
21	21	1.21 (ii) substantial evidence is available in this state concerning the child's care, protection,
22	22	1.22training, and personal relationships;
23	23	1Section 1.
24	24	REVISOR VH/VJ 25-0321802/20/25
25	25	State of Minnesota
26	26	This Document can be made available
27	27	in alternative formats upon request
28	28	HOUSE OF REPRESENTATIVES
29	29	H. F. No. 1908
30	30	NINETY-FOURTH SESSION
31	31	Authored by Franson, Fogelman, Knudsen and Warwas03/05/2025
32	32	The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law 2.1 (3) all courts having jurisdiction under clause (1) or (2) have declined to exercise
33	33	2.2jurisdiction on the ground that a court of this state is the more appropriate forum to determine
34	34	2.3the custody of the child under section 518D.207 or 518D.208; or
35	35	2.4 (4) no court of any other state would have jurisdiction under the criteria specified in
36	36	2.5clause (1), (2), or (3).
37	37	2.6 (b) Paragraph (a) is the exclusive jurisdictional basis for making a child custody
38	38	2.7determination by a court of this state.
39	39	2.8 (c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary
40	40	2.9or sufficient to make a child custody determination.
41	41	2.10 (d) The presence of a child in this state for the purpose of obtaining gender-affirming
42	42	2.11health care as defined in section 543.23, paragraph (b), is sufficient to meet the requirements
43	43	2.12of paragraph (a), clause (2), item (i).
44	44	2.13 EFFECTIVE DATE.This section is effective the day following final enactment.
45	45	2.14 Sec. 2. Minnesota Statutes 2024, section 518D.204, is amended to read:
46	46	2.15 518D.204 TEMPORARY EMERGENCY JURISDICTION.
47	47	2.16 (a) A court of this state has temporary emergency jurisdiction if the child is present in
48	48	2.17this state and:
49	49	2.18 (1) the child has been abandoned; or
50	50	2.19 (2) it is necessary in an emergency to protect the child because the child, or a sibling or
51	51	2.20parent of the child, is subjected to or threatened with mistreatment or abuse; or.
52	52	2.21 (3) the child has been unable to obtain gender-affirming health care as defined in section
53	53	2.22543.23, paragraph (b).
54	54	2.23 (b) If there is no previous child custody determination that is entitled to be enforced
55	55	2.24under this chapter, and a child custody proceeding has not been commenced in a court of a
56	56	2.25state having jurisdiction under sections 518D.201 to 518D.203, a child custody determination
57	57	2.26made under this section remains in effect until an order is obtained from a court of a state
58	58	2.27having jurisdiction under sections 518D.201 to 518D.203. If a child custody proceeding
59	59	2.28has not been or is not commenced in a court of a state having jurisdiction under sections
60	60	2.29518D.201 to 518D.203, a child custody determination made under this section becomes a
61	61	2.30final determination, if it so provides and this state becomes the home state of the child.
62	62	2Sec. 2.
63	63	REVISOR VH/VJ 25-0321802/20/25 3.1 (c) If there is a previous child custody determination that is entitled to be enforced under
64	64	3.2this chapter, or a child custody proceeding has been commenced in a court of a state having
65	65	3.3jurisdiction under sections 518D.201 to 518D.203, any order issued by a court of this state
66	66	3.4under this section must specify in the order a period that the court considers adequate to
67	67	3.5allow the person seeking an order to obtain an order from the state having jurisdiction under
68	68	3.6sections 518D.201 to 518D.203. The order issued in this state remains in effect until an
69	69	3.7order is obtained from the other state within the period specified or the period expires.
70	70	3.8 (d) A court of this state which has been asked to make a child custody determination
71	71	3.9under this section, upon being informed that a child custody proceeding has been commenced
72	72	3.10in, or a child custody determination has been made by, a court of a state having jurisdiction
73	73	3.11under sections 518D.201 to 518D.203, shall immediately communicate with the other court.
74	74	3.12A court of this state which is exercising jurisdiction pursuant to sections 518D.201 to
75	75	3.13518D.203, upon being informed that a child custody proceeding has been commenced in,
76	76	3.14or a child custody determination has been made by, a court of another state under a statute
77	77	3.15similar to this section shall immediately communicate with the court of that state to resolve
78	78	3.16the emergency, protect the safety of the parties and the child, and determine a period for
79	79	3.17the duration of the temporary order.
80	80	3.18 EFFECTIVE DATE.This section is effective the day following final enactment.
81	81	3.19 Sec. 3. Minnesota Statutes 2024, section 518D.207, is amended to read:
82	82	3.20 518D.207 INCONVENIENT FORUM.
83	83	3.21 (a) A court of this state which has jurisdiction under this chapter to make a child custody
84	84	3.22determination may decline to exercise its jurisdiction at any time if it determines that it is
85	85	3.23an inconvenient forum under the circumstances and that a court of another state is a more
86	86	3.24appropriate forum. The issue of inconvenient forum may be raised upon motion of a party,
87	87	3.25the court's own motion, or request of another court.
88	88	3.26 (b) Before determining whether it is an inconvenient forum, a court of this state shall
89	89	3.27consider whether it is appropriate for a court of another state to exercise jurisdiction. For
90	90	3.28this purpose, the court shall allow the parties to submit information and shall consider all
91	91	3.29relevant factors, including:
92	92	3.30 (1) whether domestic violence has occurred and is likely to continue in the future and
93	93	3.31which state could best protect the parties and the child;
94	94	3.32 (2) the length of time the child has resided outside this state;
95	95	3Sec. 3.
96	96	REVISOR VH/VJ 25-0321802/20/25 4.1 (3) the distance between the court in this state and the court in the state that would assume
97	97	4.2jurisdiction;
98	98	4.3 (4) the relative financial circumstances of the parties;
99	99	4.4 (5) any agreement of the parties as to which state should assume jurisdiction;
100	100	4.5 (6) the nature and location of the evidence required to resolve the pending litigation,
101	101	4.6including testimony of the child;
102	102	4.7 (7) the ability of the court of each state to decide the issue expeditiously and the
103	103	4.8procedures necessary to present the evidence; and
104	104	4.9 (8) the familiarity of the court of each state with the facts and issues in the pending
105	105	4.10litigation.
106	106	4.11 (c) If a court of this state determines that it is an inconvenient forum and that a court of
107	107	4.12another state is a more appropriate forum, it shall stay the proceedings upon condition that
108	108	4.13a child custody proceeding be promptly commenced in another designated state and may
109	109	4.14impose any other condition the court considers just and proper.
110	110	4.15 (d) A court of this state may decline to exercise its jurisdiction under this chapter if a
111	111	4.16child custody determination is incidental to an action for marriage dissolution or another
112	112	4.17proceeding while still retaining jurisdiction over the marriage dissolution or other proceeding.
113	113	4.18 (e) In a case where the provision of gender-affirming health care for a child is at issue,
114	114	4.19a court of this state shall not determine that this state is an inconvenient forum if the law or
115	115	4.20policy of the other state that may take jurisdiction limits the ability of a parent to obtain
116	116	4.21gender-affirming health care as defined in section 543.23, paragraph (b), for the parent's
117	117	4.22child.
118	118	4.23 EFFECTIVE DATE.This section is effective the day following final enactment.
119	119	4.24 Sec. 4. Minnesota Statutes 2024, section 629.02, is amended to read:
120	120	4.25 629.02 DUTIES OF GOVERNOR IN EXTRADITION MATTERS.
121	121	4.26 Subject to the provisions of sections 629.01 to 629.29, the provisions of the Constitution
122	122	4.27of the United States controlling, and any and all acts of Congress enacted in pursuance
123	123	4.28thereof, it is the duty of the governor of this state to have arrested and delivered up to the
124	124	4.29executive authority of any other state of the United States any person charged in that state
125	125	4.30with treason, felony, or other crime, who has fled from justice and if found in this state.
126	126	4.31Nothing in this section shall limit any person's right to move freely between states or to
127	127	4.32enjoy the privileges and immunities of this state, and no person shall be arrested or delivered
128	128	4Sec. 4.
129	129	REVISOR VH/VJ 25-0321802/20/25 5.1up to the executive authority of any other state of the United States for acts committed in
130	130	5.2this state or services received in this state involving: (1) any medical, surgical, counseling,
131	131	5.3or referral services relating to the human reproductive system, including but not limited to
132	132	5.4services related to pregnancy, contraception, or the termination of a pregnancy; or (2)
133	133	5.5gender-affirming health care as defined in section 543.23, paragraph (b).
134	134	5.6 EFFECTIVE DATE.This section is effective the day following final enactment.
135	135	5.7 Sec. 5. Minnesota Statutes 2024, section 629.05, is amended to read:
136	136	5.8 629.05 EXTRADITION BY AGREEMENT.
137	137	5.9 When it is desired to have returned to this state a person charged in this state with a
138	138	5.10crime, and such person is imprisoned or is held under criminal proceedings then pending
139	139	5.11against that person in another state, the governor of this state may agree with the executive
140	140	5.12authority of such other state for the extradition of such person before the conclusion of such
141	141	5.13proceedings or the person's term of sentence in such other state, upon condition that such
142	142	5.14person be returned to such other state at the expense of this state as soon as the prosecution
143	143	5.15in this state is terminated.
144	144	5.16 The governor of this state may also surrender, on demand of the executive authority of
145	145	5.17any other state, any person in this state who is charged in the manner provided in section
146	146	5.18629.23 with having violated the laws of the state whose executive authority is making the
147	147	5.19demand, even though such person left the demanding state involuntarily, except that no
148	148	5.20person shall be surrendered for acts committed in this state or services received in this state
149	149	5.21involving: (1) any medical, surgical, counseling, or referral services relating to the human
150	150	5.22reproductive system, including but not limited to services related to pregnancy, contraception,
151	151	5.23or the termination of a pregnancy; or (2) gender-affirming health care as defined in section
152	152	5.24543.23, paragraph (b).
153	153	5.25 EFFECTIVE DATE.This section is effective the day following final enactment.
154	154	5.26 Sec. 6. Minnesota Statutes 2024, section 629.06, is amended to read:
155	155	5.27 629.06 EXTRADITION OF PERSONS COMMITTING CRIME.
156	156	5.28 (a) Except as provided in paragraph (b), the governor of this state may also surrender,
157	157	5.29on demand of the executive authority of any other state, any person in this state charged in
158	158	5.30such other state in the manner provided in section 629.03 with committing an act in this
159	159	5.31state, or in a third state, intentionally resulting in a crime in the state, whose executive
160	160	5.32authority is making the demand, and the provisions of sections 629.01 to 629.29 not otherwise
161	161	5Sec. 6.
162	162	REVISOR VH/VJ 25-0321802/20/25 6.1inconsistent, shall apply to such cases, even though the accused was not in that state at the
163	163	6.2time of the commission of the crime, and has not fled therefrom.
164	164	6.3 (b) Nothing in this section shall limit any person's right to move freely between states
165	165	6.4or to enjoy the privileges and immunities of this state, and no person shall be surrendered
166	166	6.5to the executive authority of any other state for acts involving: (1) any medical, surgical,
167	167	6.6counseling, or referral services relating to the human reproductive system, including but
168	168	6.7not limited to services related to pregnancy, contraception, or the termination of a pregnancy;
169	169	6.8or (2) gender-affirming health care as defined in section 543.23, paragraph (b).
170	170	6.9 EFFECTIVE DATE.This section is effective the day following final enactment.
171	171	6.10 Sec. 7. Minnesota Statutes 2024, section 629.13, is amended to read:
172	172	6.11 629.13 WHO MAY BE APPREHENDED.
173	173	6.12 When any person within this state is charged on the oath of any credible person before
174	174	6.13any judge of this state with the commission of any crime in any other state other than a
175	175	6.14crime arising from acts committed in this state or services received in this state involving:
176	176	6.15(1) any medical, surgical, counseling, or referral services relating to the human reproductive
177	177	6.16system, including but not limited to services related to pregnancy, contraception, or the
178	178	6.17termination of a pregnancy; or (2) gender-affirming health care as defined in section 543.23,
179	179	6.18paragraph (b), and, except in cases arising under section 629.06, with having fled from
180	180	6.19justice, with having been convicted of a crime in that state and having escaped from
181	181	6.20confinement, or having broken the terms of bail, probation, or parole, or when complaint
182	182	6.21has been made before any judge in this state setting forth on the affidavit of any credible
183	183	6.22person in another state that a crime has been committed in the other state and that the accused
184	184	6.23has been charged in that state with the commission of the crime and, except in cases arising
185	185	6.24under section 629.06, has fled from justice, or with having been convicted of a crime in that
186	186	6.25state and having escaped from confinement, or having broken the terms of bail, probation,
187	187	6.26or parole, and is believed to be in this state, the judge shall issue a warrant directed to any
188	188	6.27peace officer commanding the officer to apprehend the person named in it, wherever the
189	189	6.28accused may be found in this state, and to bring the accused before the same or any other
190	190	6.29judge or court who or which may be available in or convenient of access to the place where
191	191	6.30the arrest may be made, to answer the charge or complaint and affidavit. A certified copy
192	192	6.31of the sworn charge or complaint and affidavit upon which the warrant is issued shall be
193	193	6.32attached to the warrant.
194	194	6.33 EFFECTIVE DATE.This section is effective the day following final enactment.
195	195	6Sec. 7.
196	196	REVISOR VH/VJ 25-0321802/20/25 7.1 Sec. 8. Minnesota Statutes 2024, section 629.14, is amended to read:
197	197	7.2 629.14 ARREST WITHOUT WARRANT.
198	198	7.3 The arrest of a person may be lawfully made also by any peace officer or a private person,
199	199	7.4without a warrant upon reasonable information that the accused stands charged in the courts
200	200	7.5of a state with a crime punishable by death or imprisonment for a term exceeding one year,
201	201	7.6except that no person shall be arrested if the accused stands charged in the courts of any
202	202	7.7other state for acts committed in this state or services received in this state involving: (1)
203	203	7.8any medical, surgical, counseling, or referral services relating to the human reproductive
204	204	7.9system, including but not limited to services related to pregnancy, contraception, or the
205	205	7.10termination of a pregnancy; or (2) gender-affirming health care as defined in section 543.23,
206	206	7.11paragraph (b). When arrested the accused must be taken before a judge with all practicable
207	207	7.12speed and complaint must be made against the accused under oath setting forth the ground
208	208	7.13for the arrest as in section 629.13. Thereafter the answer shall be heard as if the accused
209	209	7.14had been arrested on a warrant.
210	210	7.15 EFFECTIVE DATE.This section is effective the day following final enactment.
211	211	7.16 Sec. 9. REPEALER.
212	212	7.17 Minnesota Statutes 2024, sections 62Q.585; 260.925; and 543.23, are repealed.
213	213	7.18 EFFECTIVE DATE.This section is effective the day following final enactment.
214	214	7Sec. 9.
215	215	REVISOR VH/VJ 25-0321802/20/25 62Q.585 GENDER-AFFIRMING CARE COVERAGE; MEDICALLY NECESSARY
216	216	CARE.
217	217	Subdivision 1.Requirement.No health plan that covers physical or mental health services may
218	218	be offered, sold, issued, or renewed in this state that:
219	219	(1) excludes coverage for medically necessary gender-affirming care; or
220	220	(2) requires gender-affirming treatments to satisfy a definition of "medically necessary care,"
221	221	"medical necessity," or any similar term that is more restrictive than the definition provided in
222	222	subdivision 2.
223	223	Subd. 2.Minimum definition."Medically necessary care" means health care services appropriate
224	224	in terms of type, frequency, level, setting, and duration to the enrollee's diagnosis or condition and
225	225	diagnostic testing and preventive services. Medically necessary care must be consistent with generally
226	226	accepted practice parameters as determined by health care providers in the same or similar general
227	227	specialty as typically manages the condition, procedure, or treatment at issue and must:
228	228	(1) help restore or maintain the enrollee's health; or
229	229	(2) prevent deterioration of the enrollee's condition.
230	230	Subd. 3.Definitions.(a) For purposes of this section, the following terms have the meanings
231	231	given.
232	232	(b) "Gender-affirming care" means all medical, surgical, counseling, or referral services, including
233	233	telehealth services, that an individual may receive to support and affirm the individual's gender
234	234	identity or gender expression and that are legal under the laws of this state.
235	235	(c) "Health plan" has the meaning given in section 62Q.01, subdivision 3, but includes the
236	236	coverages listed in section 62A.011, subdivision 3, clauses (7) and (10).
237	237	260.925 APPLICATION OF LAWS; GENDER-AFFIRMING HEALTH CARE.
238	238	A law of another state that authorizes a state agency to remove a child from the child's parent
239	239	or guardian because the parent or guardian allowed the child to receive gender-affirming health
240	240	care, as defined in section 543.23, paragraph (b), is against the public policy of this state and must
241	241	not be enforced or applied in a case pending in a court in this state. A court order for the removal
242	242	of a child issued in another state because the child's parent or guardian assisted the child in receiving
243	243	gender-affirming care in this state must not be enforced in this state.
244	244	543.23 UNENFORCEABLE SUBPOENAS.
245	245	(a) No subpoena shall be issued and no foreign subpoena shall be recognized in this state in a
246	246	criminal or civil matter if the subpoena is related to a violation of another state's laws when the
247	247	other state's laws are designed to interfere with an individual's right to receive gender-affirming
248	248	health care. Failure to comply with a subpoena seeking information related to a person or entity
249	249	allowing or assisting a child or an adult to receive gender-affirming health care when the information
250	250	is being requested to enforce another state's laws that allow a civil or criminal action to be brought
251	251	against a person for allowing or providing gender-affirming health care must not be the basis for
252	252	contempt under section 588.01.
253	253	(b) "Gender-affirming health care" means medically necessary health care or mental health care
254	254	that respects the gender identity of the patient, as experienced and defined by the patient, and that
255	255	may include but is not limited to:
256	256	(1) interventions to suppress the development of endogenous secondary sex characteristics;
257	257	(2) interventions to align the patient's appearance or physical body with the patient's gender
258	258	identity;
259	259	(3) interventions to alleviate the patient's symptoms of clinically significant distress resulting
260	260	from gender dysphoria as defined in the current version of the Diagnostic and Statistical Manual
261	261	of Mental Disorders; and
262	262	(4) developmentally appropriate exploration and integration of the patient's gender identity,
263	263	reduction of the patient's distress, adaptive coping, and strategies to increase family acceptance of
264	264	the patient's gender identity.
265	265	1R
266	266	APPENDIX
267	267	Repealed Minnesota Statutes: 25-03218