SF 4

as introduced - 89th Legislature (2015 - 2016) Posted on 01/30/2015 08:45am

A bill for an act
relating to human services; modifying screening of child maltreatment reports;
amending Minnesota Statutes 2014, section 626.556, subdivisions 7, 10e, 11c,
by adding subdivisions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 626.556, subdivision 7, is amended to read:

Subd. 7.

Report; information provided to parent.

(a) An oral report shall be made
immediately by telephone or otherwise. An oral report made by a person required under
subdivision 3 to report shall be followed within 72 hours, exclusive of weekends and
holidays, by a report in writing to the appropriate police department, the county sheriff, the
agency responsible for assessing or investigating the report, or the local welfare agency.

new text begin (b) new text end The local welfare agency shall determine if the report is accepted for an assessment
or investigation as soon as possible but in no event longer than 24 hours after the report is
received. new text begin The agency receiving the report is allowed to consider collateral information and
previous screened-out reports of alleged maltreatment when making screening decisions.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end Any report shall be of sufficient content to identify the child, any person
believed to be responsible for the abuse or neglect of the child if the person is known, the
nature and extent of the abuse or neglect and the name and address of the reporter. The
local welfare agency or agency responsible for assessing or investigating the report shall
accept a report made under subdivision 3 notwithstanding refusal by a reporter to provide
the reporter's name or address as long as the report is otherwise sufficient under this
paragraph. Written reports received by a police department or the county sheriff shall be
forwarded immediately to the local welfare agency or the agency responsible for assessing
or investigating the report. The police department or the county sheriff may keep copies of
reports received by them. Copies of written reports received by a local welfare department
or the agency responsible for assessing or investigating the report shall be forwarded
immediately to the local police department or the county sheriff.

deleted text begin (c) deleted text end new text begin (d) new text end When requested, the agency responsible for assessing or investigating a
report shall inform the reporter within ten days after the report was made, either orally or
in writing, whether the report was accepted or not. If the responsible agency determines
the report does not constitute a report under this section, the agency shall advise the
reporter the report was screened out. A screened-out report must deleted text begin not be used for any
purpose other than making an offer of social services to the subjects of the screened-out
report deleted text end new text begin be maintained in accordance with subdivision 11c, paragraph (e) new text end .

deleted text begin (d) deleted text end new text begin (e) new text end Notwithstanding paragraph (a), the commissioner of education must inform
the parent, guardian, or legal custodian of the child who is the subject of a report of
alleged maltreatment in a school facility within ten days of receiving the report, either
orally or in writing, whether the commissioner is assessing or investigating the report
of alleged maltreatment.

deleted text begin (e) deleted text end new text begin (f) new text end Regardless of whether a report is made under this subdivision, as soon as
practicable after a school receives information regarding an incident that may constitute
maltreatment of a child in a school facility, the school shall inform the parent, legal
guardian, or custodian of the child that an incident has occurred that may constitute
maltreatment of the child, when the incident occurred, and the nature of the conduct
that may constitute maltreatment.

deleted text begin (f) deleted text end new text begin (g) new text end A written copy of a report maintained by personnel of agencies, other than
welfare or law enforcement agencies, which are subject to chapter 13 shall be confidential.
An individual subject of the report may obtain access to the original report as provided
by subdivision 11.

Sec. 2.

Minnesota Statutes 2014, section 626.556, is amended by adding a subdivision
to read:

new text begin Subd. 7a. new text end

new text begin Mandatory guidance for screening reports. new text end

new text begin (a) Child protection intake
workers, supervisors, and others involved with child protection screening shall follow the
guidance provided in the Department of Human Services Minnesota Child Maltreatment
Screening Guidelines when screening maltreatment referrals, and, when notified by the
commissioner of human services, shall immediately implement updated procedures and
protocols.
new text end

new text begin (b) Any modifications to the screening guidelines by the county agency must be
preapproved by the commissioner of human services and must not be less protective
of children than is mandated by statute.
new text end

Sec. 3.

Minnesota Statutes 2014, section 626.556, subdivision 10e, is amended to read:

Subd. 10e.

Determinations.

(a) The local welfare agency shall conclude the family
assessment or the investigation within 45 days of the receipt of a report. The conclusion of
the assessment or investigation may be extended to permit the completion of a criminal
investigation or the receipt of expert information requested within 45 days of the receipt
of the report.

(b) After conducting a family assessment, the local welfare agency shall determine
whether services are needed to address the safety of the child and other family members
and the risk of subsequent maltreatment.

(c) After conducting an investigation, the local welfare agency shall make two
determinations: first, whether maltreatment has occurred; and second, whether child
protective services are needed. No determination of maltreatment shall be made when the
alleged perpetrator is a child under the age of ten.

(d) If the commissioner of education conducts an assessment or investigation,
the commissioner shall determine whether maltreatment occurred and what corrective
or protective action was taken by the school facility. If a determination is made that
maltreatment has occurred, the commissioner shall report to the employer, the school
board, and any appropriate licensing entity the determination that maltreatment occurred
and what corrective or protective action was taken by the school facility. In all other cases,
the commissioner shall inform the school board or employer that a report was received,
the subject of the report, the date of the initial report, the category of maltreatment alleged
as defined in paragraph (f), the fact that maltreatment was not determined, and a summary
of the specific reasons for the determination.

(e) When maltreatment is determined in an investigation involving a facility,
the investigating agency shall also determine whether the facility or individual was
responsible, or whether both the facility and the individual were responsible for the
maltreatment using the mitigating factors in paragraph (i). Determinations under this
subdivision must be made based on a preponderance of the evidence and are private data
on individuals or nonpublic data as maintained by the commissioner of education.

(f) For the purposes of this subdivision, "maltreatment" means any of the following
acts or omissions:

(1) physical abuse as defined in subdivision 2, paragraph (g);

(2) neglect as defined in subdivision 2, paragraph (f);

(3) sexual abuse as defined in subdivision 2, paragraph (d);

(4) mental injury as defined in subdivision 2, paragraph (m); or

(5) maltreatment of a child in a facility as defined in subdivision 2, paragraph (i).

(g) For the purposes of this subdivision, a determination that child protective
services are needed means that the local welfare agency has documented conditions
during the assessment or investigation sufficient to cause a child protection worker, as
defined in section 626.559, subdivision 1, to conclude that a child is at significant risk of
maltreatment if protective intervention is not provided and that the individuals responsible
for the child's care have not taken or are not likely to take actions to protect the child
from maltreatment or risk of maltreatment.

(h) This subdivision does not mean that maltreatment has occurred solely because
the child's parent, guardian, or other person responsible for the child's care in good faith
selects and depends upon spiritual means or prayer for treatment or care of disease
or remedial care of the child, in lieu of medical care. However, if lack of medical care
may result in serious danger to the child's health, the local welfare agency may ensure
that necessary medical services are provided to the child.

(i) When determining whether the facility or individual is the responsible party, or
whether both the facility and the individual are responsible for determined maltreatment in
a facility, the investigating agency shall consider at least the following mitigating factors:

(1) whether the actions of the facility or the individual caregivers were according to,
and followed the terms of, an erroneous physician order, prescription, individual care plan,
or directive; however, this is not a mitigating factor when the facility or caregiver was
responsible for the issuance of the erroneous order, prescription, individual care plan, or
directive or knew or should have known of the errors and took no reasonable measures to
correct the defect before administering care;

(2) comparative responsibility between the facility, other caregivers, and
requirements placed upon an employee, including the facility's compliance with related
regulatory standards and the adequacy of facility policies and procedures, facility training,
an individual's participation in the training, the caregiver's supervision, and facility staffing
levels and the scope of the individual employee's authority and discretion; and

(3) whether the facility or individual followed professional standards in exercising
professional judgment.

The evaluation of the facility's responsibility under clause (2) must not be based on the
completeness of the risk assessment or risk reduction plan required under section 245A.66,
but must be based on the facility's compliance with the regulatory standards for policies and
procedures, training, and supervision as cited in Minnesota Statutes and Minnesota Rules.

(j) Notwithstanding paragraph (i), when maltreatment is determined to have been
committed by an individual who is also the facility license holder, both the individual and
the facility must be determined responsible for the maltreatment, and both the background
study disqualification standards under section 245C.15, subdivision 4, and the licensing
actions under sections 245A.06 or 245A.07 apply.

deleted text begin (k) Individual counties may implement more detailed definitions or criteria that
indicate which allegations to investigate, as long as a county's policies are consistent
with the definitions in the statutes and rules and are approved by the county board. Each
local welfare agency shall periodically inform mandated reporters under subdivision 3
who work in the county of the definitions of maltreatment in the statutes and rules and any
additional definitions or criteria that have been approved by the county board.
deleted text end

Sec. 4.

Minnesota Statutes 2014, section 626.556, subdivision 11c, is amended to read:

Subd. 11c.

Welfare, court services agency, and school records maintained new text begin ;
county agency duties to maintain screened-out reports new text end .

Notwithstanding sections
138.163 and 138.17, records maintained or records derived from reports of abuse by
local welfare agencies, agencies responsible for assessing or investigating the report,
court services agencies, or schools under this section shall be destroyed as provided in
paragraphs (a) to (d) by the responsible authority.

(a) For family assessment cases and cases where an investigation results in no
determination of maltreatment or the need for child protective services, the assessment or
investigation records must be maintained for a period of four years after the date of the final
entry in the case record. Records under this paragraph may not be used for employment,
background checks, or purposes other than to assist in future risk and safety assessments.

(b) All records relating to reports which, upon investigation, indicate either
maltreatment or a need for child protective services shall be maintained for ten years after
the date of the final entry in the case record.

(c) All records regarding a report of maltreatment, including any notification of intent
to interview which was received by a school under subdivision 10, paragraph (d), shall be
destroyed by the school when ordered to do so by the agency conducting the assessment or
investigation. The agency shall order the destruction of the notification when other records
relating to the report under investigation or assessment are destroyed under this subdivision.

(d) Private or confidential data released to a court services agency under subdivision
10h must be destroyed by the court services agency when ordered to do so by the local
welfare agency that released the data. The local welfare agency or agency responsible for
assessing or investigating the report shall order destruction of the data when other records
relating to the assessment or investigation are destroyed under this subdivision.

(e) For reports alleging child maltreatment that were not accepted for assessment
or investigation, counties shall new text begin :
new text end

new text begin (1) new text end maintain sufficient information to identify repeat reports alleging maltreatment
of the same child or children for deleted text begin 365 days deleted text end new text begin five years new text end from the date the report was screened
out deleted text begin . deleted text end new text begin , and new text end the commissioner of human services shall specify to the counties the minimum
information needed to accomplish this purpose deleted text begin . Counties shall deleted text end new text begin ;
new text end

new text begin (2) document the reason as to why the report was screened out; and
new text end

new text begin (3) new text end enter deleted text begin this deleted text end new text begin the new text end data new text begin under clauses (1) and (2) new text end into the state social services
information system.

Sec. 5.

Minnesota Statutes 2014, section 626.556, is amended by adding a subdivision
to read:

new text begin Subd. 16. new text end

new text begin Commissioner's duty to provide oversight; quality assurance reviews;
annual summary results of reviews. new text end

new text begin (a) The commissioner shall develop a plan to
perform quality assurance reviews of county agency screening practices and decisions.
The commissioner shall provide oversight and guidance to counties to ensure consistent
application of screening guidelines, thorough and appropriate screening decisions, and
correct documentation and maintenance of reports.
new text end

new text begin (b) The commissioner shall produce an annual report of the summary results of
the reviews. The report is public information and must be provided to the chairs and
ranking minority members of the legislative committees having jurisdiction over child
protection issues.
new text end