1.1 A bill for an act
1.2 relating to state government; removing gender-affirming care provisions limiting
1.3 the impact of certain laws; amending Minnesota Statutes 2024, sections 518D.201;
1.4 518D.204; 518D.207; 629.02; 629.05; 629.06; 629.13; 629.14; repealing Minnesota
1.5 Statutes 2024, sections 62Q.585; 260.925; 543.23.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2024, section 518D.201, is amended to read:
1.8 518D.201 INITIAL CHILD CUSTODY JURISDICTION.
1.9 (a) Except as otherwise provided in section 518D.204, a court of this state has jurisdiction
1.10to make an initial child custody determination only if:
1.11 (1) this state is the home state of the child on the date of the commencement of the
1.12proceeding, or was the home state of the child within six months before the commencement
1.13of the proceeding and the child is absent from this state but a parent or person acting as a
1.14parent continues to live in this state;
1.15 (2) a court of another state does not have jurisdiction under clause (1), or a court of the
1.16home state of the child has declined to exercise jurisdiction on the ground that this state is
1.17the more appropriate forum under section 518D.207 or 518D.208, and:
1.18 (i) the child and the child's parents, or the child and at least one parent or a person acting
1.19as a parent, have a significant connection with this state other than mere physical presence;
1.20and
1.21 (ii) substantial evidence is available in this state concerning the child's care, protection,
1.22training, and personal relationships;
1Section 1.
25-03218 as introduced02/20/25 REVISOR VH/VJ
SENATE
STATE OF MINNESOTA
S.F. No. 3321NINETY-FOURTH SESSION
(SENATE AUTHORS: WESENBERG, Westrom, Lieske, Farnsworth and Lucero)
OFFICIAL STATUSD-PGDATE
Introduction and first reading04/07/2025
Referred to Judiciary and Public Safety 2.1 (3) all courts having jurisdiction under clause (1) or (2) have declined to exercise
2.2jurisdiction on the ground that a court of this state is the more appropriate forum to determine
2.3the custody of the child under section 518D.207 or 518D.208; or
2.4 (4) no court of any other state would have jurisdiction under the criteria specified in
2.5clause (1), (2), or (3).
2.6 (b) Paragraph (a) is the exclusive jurisdictional basis for making a child custody
2.7determination by a court of this state.
2.8 (c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary
2.9or sufficient to make a child custody determination.
2.10 (d) The presence of a child in this state for the purpose of obtaining gender-affirming
2.11health care as defined in section 543.23, paragraph (b), is sufficient to meet the requirements
2.12of paragraph (a), clause (2), item (i).
2.13 EFFECTIVE DATE.This section is effective the day following final enactment.
2.14 Sec. 2. Minnesota Statutes 2024, section 518D.204, is amended to read:
2.15 518D.204 TEMPORARY EMERGENCY JURISDICTION.
2.16 (a) A court of this state has temporary emergency jurisdiction if the child is present in
2.17this state and:
2.18 (1) the child has been abandoned; or
2.19 (2) it is necessary in an emergency to protect the child because the child, or a sibling or
2.20parent of the child, is subjected to or threatened with mistreatment or abuse; or.
2.21 (3) the child has been unable to obtain gender-affirming health care as defined in section
2.22543.23, paragraph (b).
2.23 (b) If there is no previous child custody determination that is entitled to be enforced
2.24under this chapter, and a child custody proceeding has not been commenced in a court of a
2.25state having jurisdiction under sections 518D.201 to 518D.203, a child custody determination
2.26made under this section remains in effect until an order is obtained from a court of a state
2.27having jurisdiction under sections 518D.201 to 518D.203. If a child custody proceeding
2.28has not been or is not commenced in a court of a state having jurisdiction under sections
2.29518D.201 to 518D.203, a child custody determination made under this section becomes a
2.30final determination, if it so provides and this state becomes the home state of the child.
2Sec. 2.
25-03218 as introduced02/20/25 REVISOR VH/VJ 3.1 (c) If there is a previous child custody determination that is entitled to be enforced under
3.2this chapter, or a child custody proceeding has been commenced in a court of a state having
3.3jurisdiction under sections 518D.201 to 518D.203, any order issued by a court of this state
3.4under this section must specify in the order a period that the court considers adequate to
3.5allow the person seeking an order to obtain an order from the state having jurisdiction under
3.6sections 518D.201 to 518D.203. The order issued in this state remains in effect until an
3.7order is obtained from the other state within the period specified or the period expires.
3.8 (d) A court of this state which has been asked to make a child custody determination
3.9under this section, upon being informed that a child custody proceeding has been commenced
3.10in, or a child custody determination has been made by, a court of a state having jurisdiction
3.11under sections 518D.201 to 518D.203, shall immediately communicate with the other court.
3.12A court of this state which is exercising jurisdiction pursuant to sections 518D.201 to
3.13518D.203, upon being informed that a child custody proceeding has been commenced in,
3.14or a child custody determination has been made by, a court of another state under a statute
3.15similar to this section shall immediately communicate with the court of that state to resolve
3.16the emergency, protect the safety of the parties and the child, and determine a period for
3.17the duration of the temporary order.
3.18 EFFECTIVE DATE.This section is effective the day following final enactment.
3.19 Sec. 3. Minnesota Statutes 2024, section 518D.207, is amended to read:
3.20 518D.207 INCONVENIENT FORUM.
3.21 (a) A court of this state which has jurisdiction under this chapter to make a child custody
3.22determination may decline to exercise its jurisdiction at any time if it determines that it is
3.23an inconvenient forum under the circumstances and that a court of another state is a more
3.24appropriate forum. The issue of inconvenient forum may be raised upon motion of a party,
3.25the court's own motion, or request of another court.
3.26 (b) Before determining whether it is an inconvenient forum, a court of this state shall
3.27consider whether it is appropriate for a court of another state to exercise jurisdiction. For
3.28this purpose, the court shall allow the parties to submit information and shall consider all
3.29relevant factors, including:
3.30 (1) whether domestic violence has occurred and is likely to continue in the future and
3.31which state could best protect the parties and the child;
3.32 (2) the length of time the child has resided outside this state;
3Sec. 3.
25-03218 as introduced02/20/25 REVISOR VH/VJ 4.1 (3) the distance between the court in this state and the court in the state that would assume
4.2jurisdiction;
4.3 (4) the relative financial circumstances of the parties;
4.4 (5) any agreement of the parties as to which state should assume jurisdiction;
4.5 (6) the nature and location of the evidence required to resolve the pending litigation,
4.6including testimony of the child;
4.7 (7) the ability of the court of each state to decide the issue expeditiously and the
4.8procedures necessary to present the evidence; and
4.9 (8) the familiarity of the court of each state with the facts and issues in the pending
4.10litigation.
4.11 (c) If a court of this state determines that it is an inconvenient forum and that a court of
4.12another state is a more appropriate forum, it shall stay the proceedings upon condition that
4.13a child custody proceeding be promptly commenced in another designated state and may
4.14impose any other condition the court considers just and proper.
4.15 (d) A court of this state may decline to exercise its jurisdiction under this chapter if a
4.16child custody determination is incidental to an action for marriage dissolution or another
4.17proceeding while still retaining jurisdiction over the marriage dissolution or other proceeding.
4.18 (e) In a case where the provision of gender-affirming health care for a child is at issue,
4.19a court of this state shall not determine that this state is an inconvenient forum if the law or
4.20policy of the other state that may take jurisdiction limits the ability of a parent to obtain
4.21gender-affirming health care as defined in section 543.23, paragraph (b), for the parent's
4.22child.
4.23 EFFECTIVE DATE.This section is effective the day following final enactment.
4.24 Sec. 4. Minnesota Statutes 2024, section 629.02, is amended to read:
4.25 629.02 DUTIES OF GOVERNOR IN EXTRADITION MATTERS.
4.26 Subject to the provisions of sections 629.01 to 629.29, the provisions of the Constitution
4.27of the United States controlling, and any and all acts of Congress enacted in pursuance
4.28thereof, it is the duty of the governor of this state to have arrested and delivered up to the
4.29executive authority of any other state of the United States any person charged in that state
4.30with treason, felony, or other crime, who has fled from justice and if found in this state.
4.31Nothing in this section shall limit any person's right to move freely between states or to
4.32enjoy the privileges and immunities of this state, and no person shall be arrested or delivered
4Sec. 4.
25-03218 as introduced02/20/25 REVISOR VH/VJ 5.1up to the executive authority of any other state of the United States for acts committed in
5.2this state or services received in this state involving: (1) any medical, surgical, counseling,
5.3or referral services relating to the human reproductive system, including but not limited to
5.4services related to pregnancy, contraception, or the termination of a pregnancy; or (2)
5.5gender-affirming health care as defined in section 543.23, paragraph (b).
5.6 EFFECTIVE DATE.This section is effective the day following final enactment.
5.7 Sec. 5. Minnesota Statutes 2024, section 629.05, is amended to read:
5.8 629.05 EXTRADITION BY AGREEMENT.
5.9 When it is desired to have returned to this state a person charged in this state with a
5.10crime, and such person is imprisoned or is held under criminal proceedings then pending
5.11against that person in another state, the governor of this state may agree with the executive
5.12authority of such other state for the extradition of such person before the conclusion of such
5.13proceedings or the person's term of sentence in such other state, upon condition that such
5.14person be returned to such other state at the expense of this state as soon as the prosecution
5.15in this state is terminated.
5.16 The governor of this state may also surrender, on demand of the executive authority of
5.17any other state, any person in this state who is charged in the manner provided in section
5.18629.23 with having violated the laws of the state whose executive authority is making the
5.19demand, even though such person left the demanding state involuntarily, except that no
5.20person shall be surrendered for acts committed in this state or services received in this state
5.21involving: (1) any medical, surgical, counseling, or referral services relating to the human
5.22reproductive system, including but not limited to services related to pregnancy, contraception,
5.23or the termination of a pregnancy; or (2) gender-affirming health care as defined in section
5.24543.23, paragraph (b).
5.25 EFFECTIVE DATE.This section is effective the day following final enactment.
5.26 Sec. 6. Minnesota Statutes 2024, section 629.06, is amended to read:
5.27 629.06 EXTRADITION OF PERSONS COMMITTING CRIME.
5.28 (a) Except as provided in paragraph (b), the governor of this state may also surrender,
5.29on demand of the executive authority of any other state, any person in this state charged in
5.30such other state in the manner provided in section 629.03 with committing an act in this
5.31state, or in a third state, intentionally resulting in a crime in the state, whose executive
5.32authority is making the demand, and the provisions of sections 629.01 to 629.29 not otherwise
5Sec. 6.
25-03218 as introduced02/20/25 REVISOR VH/VJ 6.1inconsistent, shall apply to such cases, even though the accused was not in that state at the
6.2time of the commission of the crime, and has not fled therefrom.
6.3 (b) Nothing in this section shall limit any person's right to move freely between states
6.4or to enjoy the privileges and immunities of this state, and no person shall be surrendered
6.5to the executive authority of any other state for acts involving: (1) any medical, surgical,
6.6counseling, or referral services relating to the human reproductive system, including but
6.7not limited to services related to pregnancy, contraception, or the termination of a pregnancy;
6.8or (2) gender-affirming health care as defined in section 543.23, paragraph (b).
6.9 EFFECTIVE DATE.This section is effective the day following final enactment.
6.10 Sec. 7. Minnesota Statutes 2024, section 629.13, is amended to read:
6.11 629.13 WHO MAY BE APPREHENDED.
6.12 When any person within this state is charged on the oath of any credible person before
6.13any judge of this state with the commission of any crime in any other state other than a
6.14crime arising from acts committed in this state or services received in this state involving:
6.15(1) any medical, surgical, counseling, or referral services relating to the human reproductive
6.16system, including but not limited to services related to pregnancy, contraception, or the
6.17termination of a pregnancy; or (2) gender-affirming health care as defined in section 543.23,
6.18paragraph (b), and, except in cases arising under section 629.06, with having fled from
6.19justice, with having been convicted of a crime in that state and having escaped from
6.20confinement, or having broken the terms of bail, probation, or parole, or when complaint
6.21has been made before any judge in this state setting forth on the affidavit of any credible
6.22person in another state that a crime has been committed in the other state and that the accused
6.23has been charged in that state with the commission of the crime and, except in cases arising
6.24under section 629.06, has fled from justice, or with having been convicted of a crime in that
6.25state and having escaped from confinement, or having broken the terms of bail, probation,
6.26or parole, and is believed to be in this state, the judge shall issue a warrant directed to any
6.27peace officer commanding the officer to apprehend the person named in it, wherever the
6.28accused may be found in this state, and to bring the accused before the same or any other
6.29judge or court who or which may be available in or convenient of access to the place where
6.30the arrest may be made, to answer the charge or complaint and affidavit. A certified copy
6.31of the sworn charge or complaint and affidavit upon which the warrant is issued shall be
6.32attached to the warrant.
6.33 EFFECTIVE DATE.This section is effective the day following final enactment.
6Sec. 7.
25-03218 as introduced02/20/25 REVISOR VH/VJ 7.1 Sec. 8. Minnesota Statutes 2024, section 629.14, is amended to read:
7.2 629.14 ARREST WITHOUT WARRANT.
7.3 The arrest of a person may be lawfully made also by any peace officer or a private person,
7.4without a warrant upon reasonable information that the accused stands charged in the courts
7.5of a state with a crime punishable by death or imprisonment for a term exceeding one year,
7.6except that no person shall be arrested if the accused stands charged in the courts of any
7.7other state for acts committed in this state or services received in this state involving: (1)
7.8any medical, surgical, counseling, or referral services relating to the human reproductive
7.9system, including but not limited to services related to pregnancy, contraception, or the
7.10termination of a pregnancy; or (2) gender-affirming health care as defined in section 543.23,
7.11paragraph (b). When arrested the accused must be taken before a judge with all practicable
7.12speed and complaint must be made against the accused under oath setting forth the ground
7.13for the arrest as in section 629.13. Thereafter the answer shall be heard as if the accused
7.14had been arrested on a warrant.
7.15 EFFECTIVE DATE.This section is effective the day following final enactment.
7.16 Sec. 9. REPEALER.
7.17 Minnesota Statutes 2024, sections 62Q.585; 260.925; and 543.23, are repealed.
7.18 EFFECTIVE DATE.This section is effective the day following final enactment.
7Sec. 9.
25-03218 as introduced02/20/25 REVISOR VH/VJ 62Q.585 GENDER-AFFIRMING CARE COVERAGE; MEDICALLY NECESSARY
CARE.
Subdivision 1.Requirement.No health plan that covers physical or mental health services may
be offered, sold, issued, or renewed in this state that:
(1) excludes coverage for medically necessary gender-affirming care; or
(2) requires gender-affirming treatments to satisfy a definition of "medically necessary care,"
"medical necessity," or any similar term that is more restrictive than the definition provided in
subdivision 2.
Subd. 2.Minimum definition."Medically necessary care" means health care services appropriate
in terms of type, frequency, level, setting, and duration to the enrollee's diagnosis or condition and
diagnostic testing and preventive services. Medically necessary care must be consistent with generally
accepted practice parameters as determined by health care providers in the same or similar general
specialty as typically manages the condition, procedure, or treatment at issue and must:
(1) help restore or maintain the enrollee's health; or
(2) prevent deterioration of the enrollee's condition.
Subd. 3.Definitions.(a) For purposes of this section, the following terms have the meanings
given.
(b) "Gender-affirming care" means all medical, surgical, counseling, or referral services, including
telehealth services, that an individual may receive to support and affirm the individual's gender
identity or gender expression and that are legal under the laws of this state.
(c) "Health plan" has the meaning given in section 62Q.01, subdivision 3, but includes the
coverages listed in section 62A.011, subdivision 3, clauses (7) and (10).
260.925 APPLICATION OF LAWS; GENDER-AFFIRMING HEALTH CARE.
A law of another state that authorizes a state agency to remove a child from the child's parent
or guardian because the parent or guardian allowed the child to receive gender-affirming health
care, as defined in section 543.23, paragraph (b), is against the public policy of this state and must
not be enforced or applied in a case pending in a court in this state. A court order for the removal
of a child issued in another state because the child's parent or guardian assisted the child in receiving
gender-affirming care in this state must not be enforced in this state.
543.23 UNENFORCEABLE SUBPOENAS.
(a) No subpoena shall be issued and no foreign subpoena shall be recognized in this state in a
criminal or civil matter if the subpoena is related to a violation of another state's laws when the
other state's laws are designed to interfere with an individual's right to receive gender-affirming
health care. Failure to comply with a subpoena seeking information related to a person or entity
allowing or assisting a child or an adult to receive gender-affirming health care when the information
is being requested to enforce another state's laws that allow a civil or criminal action to be brought
against a person for allowing or providing gender-affirming health care must not be the basis for
contempt under section 588.01.
(b) "Gender-affirming health care" means medically necessary health care or mental health care
that respects the gender identity of the patient, as experienced and defined by the patient, and that
may include but is not limited to:
(1) interventions to suppress the development of endogenous secondary sex characteristics;
(2) interventions to align the patient's appearance or physical body with the patient's gender
identity;
(3) interventions to alleviate the patient's symptoms of clinically significant distress resulting
from gender dysphoria as defined in the current version of the Diagnostic and Statistical Manual
of Mental Disorders; and
(4) developmentally appropriate exploration and integration of the patient's gender identity,
reduction of the patient's distress, adaptive coping, and strategies to increase family acceptance of
the patient's gender identity.
1R
APPENDIX
Repealed Minnesota Statutes: 25-03218