Sec. 2.

Minnesota Statutes 2022, section 518D.201, is amended to read:

518D.201 INITIAL CHILD CUSTODY JURISDICTION.

(a) Except as otherwise provided in section 518D.204, a court of this state has jurisdiction
to make an initial child custody determination only if:

(1) this state is the home state of the child on the date of the commencement of the
proceeding, or was the home state of the child within six months before the commencement
of the proceeding and the child is absent from this state but a parent or person acting as a
parent continues to live in this state;

(2) a court of another state does not have jurisdiction under clause (1), or a court of the
home state of the child has declined to exercise jurisdiction on the ground that this state is
the more appropriate forum under section 518D.207 or 518D.208, and:

(i) the child and the child's parents, or the child and at least one parent or a person acting
as a parent, have a significant connection with this state other than mere physical presence;
and

(ii) substantial evidence is available in this state concerning the child's care, protection,
training, and personal relationships;

(3) all courts having jurisdiction under clause (1) or (2) have declined to exercise
jurisdiction on the ground that a court of this state is the more appropriate forum to determine
the custody of the child under section 518D.207 or 518D.208; or

(4) no court of any other state would have jurisdiction under the criteria specified in
clause (1), (2), or (3).

(b) Paragraph (a) is the exclusive jurisdictional basis for making a child custody
determination by a court of this state.

(c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary
or sufficient to make a child custody determination.

new text begin (d) The presence of a child in this state for the purpose of obtaining gender-affirming
health care as defined in section 548.415, paragraph (b), is sufficient to meet the requirements
of paragraph (a), clause (2), item (i).
new text end

Sec. 3.

Minnesota Statutes 2022, section 518D.204, is amended to read:

518D.204 TEMPORARY EMERGENCY JURISDICTION.

(a) A court of this state has temporary emergency jurisdiction if the child is present in
this state andnew text begin :
new text end

new text begin (1)new text end the child has been abandoned deleted text begin ordeleted text end new text begin ;
new text end

new text begin (2)new text end it is necessary in an emergency to protect the child because the child, or a sibling or
parent of the child, is subjected to or threatened with mistreatment or abusenew text begin ; or
new text end

new text begin (3) the child has been unable to obtain gender-affirming health care as defined in section
548.415, paragraph (b)new text end .

(b) If there is no previous child custody determination that is entitled to be enforced
under this chapter, and a child custody proceeding has not been commenced in a court of a
state having jurisdiction under sections 518D.201 to 518D.203, a child custody determination
made under this section remains in effect until an order is obtained from a court of a state
having jurisdiction under sections 518D.201 to 518D.203. If a child custody proceeding
has not been or is not commenced in a court of a state having jurisdiction under sections
518D.201 to 518D.203, a child custody determination made under this section becomes a
final determination, if it so provides and this state becomes the home state of the child.

(c) If there is a previous child custody determination that is entitled to be enforced under
this chapter, or a child custody proceeding has been commenced in a court of a state having
jurisdiction under sections 518D.201 to 518D.203, any order issued by a court of this state
under this section must specify in the order a period that the court considers adequate to
allow the person seeking an order to obtain an order from the state having jurisdiction under
sections 518D.201 to 518D.203. The order issued in this state remains in effect until an
order is obtained from the other state within the period specified or the period expires.

(d) A court of this state which has been asked to make a child custody determination
under this section, upon being informed that a child custody proceeding has been commenced
in, or a child custody determination has been made by, a court of a state having jurisdiction
under sections 518D.201 to 518D.203, shall immediately communicate with the other court.
A court of this state which is exercising jurisdiction pursuant to sections 518D.201 to
518D.203, upon being informed that a child custody proceeding has been commenced in,
or a child custody determination has been made by, a court of another state under a statute
similar to this section shall immediately communicate with the court of that state to resolve
the emergency, protect the safety of the parties and the child, and determine a period for
the duration of the temporary order.

Sec. 4.

Minnesota Statutes 2022, section 518D.207, is amended to read:

518D.207 INCONVENIENT FORUM.

(a) A court of this state which has jurisdiction under this chapter to make a child custody
determination may decline to exercise its jurisdiction at any time if it determines that it is
an inconvenient forum under the circumstances and that a court of another state is a more
appropriate forum. The issue of inconvenient forum may be raised upon motion of a party,
the court's own motion, or request of another court.

(b) Before determining whether it is an inconvenient forum, a court of this state shall
consider whether it is appropriate for a court of another state to exercise jurisdiction. For
this purpose, the court shall allow the parties to submit information and shall consider all
relevant factors, including:

(1) whether domestic violence has occurred and is likely to continue in the future and
which state could best protect the parties and the child;

(2) the length of time the child has resided outside this state;

(3) the distance between the court in this state and the court in the state that would assume
jurisdiction;

(4) the relative financial circumstances of the parties;

(5) any agreement of the parties as to which state should assume jurisdiction;

(6) the nature and location of the evidence required to resolve the pending litigation,
including testimony of the child;

(7) the ability of the court of each state to decide the issue expeditiously and the
procedures necessary to present the evidence; and

(8) the familiarity of the court of each state with the facts and issues in the pending
litigation.

(c) If a court of this state determines that it is an inconvenient forum and that a court of
another state is a more appropriate forum, it shall stay the proceedings upon condition that
a child custody proceeding be promptly commenced in another designated state and may
impose any other condition the court considers just and proper.

(d) A court of this state may decline to exercise its jurisdiction under this chapter if a
child custody determination is incidental to an action for marriage dissolution or another
proceeding while still retaining jurisdiction over the marriage dissolution or other proceeding.

new text begin (e) In a case where the provision of gender-affirming health care for a child is at issue,
a court of this state shall not determine that this state is an inconvenient forum if the law or
policy of the other state that may take jurisdiction limits the ability of a parent to obtain
gender-affirming health care as defined in section 548.415, paragraph (b), for the parent's
child.
new text end