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HF 1943

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/01/2022 11:41am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/04/2021

Current Version - as introduced

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A bill for an act
relating to human services; modifying child welfare and maltreatment provisions;
amending Minnesota Statutes 2020, sections 260.761, subdivision 2; 260C.007,
subdivision 14; 260E.01; 260E.02, subdivision 1; 260E.03, subdivision 22, by
adding subdivisions; 260E.14, subdivisions 2, 5; 260E.17, subdivision 1; 260E.18;
260E.20, subdivision 2; 260E.24, subdivisions 2, 7; 260E.33, subdivision 1;
260E.35, subdivision 6.

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

Section 1.

Minnesota Statutes 2020, section 260.761, subdivision 2, is amended to read:


Subd. 2.

Agency and court notice to tribes.

(a) When a local social services agency
has information that a family assessment deleted text beginordeleted text endnew text begin,new text end investigationnew text begin, or noncaregiver sex trafficking
assessment
new text end being conducted may involve an Indian child, the local social services agency
shall notify the Indian child's tribe of the family assessment deleted text beginordeleted text endnew text begin,new text end investigationnew text begin, or noncaregiver
sex trafficking assessment
new text end according to section 260E.18.new text begin The local social services agency
shall provide
new text end initial notice deleted text beginshall be provideddeleted text end by telephone and by e-mail or facsimile. The
local social services agency shall request that the tribe or a designated tribal representative
participate in evaluating the family circumstances, identifying family and tribal community
resources, and developing case plans.

(b) When a local social services agency has information that a child receiving services
may be an Indian child, the local social services agency shall notify the tribe by telephone
and by e-mail or facsimile of the child's full name and date of birth, the full names and dates
of birth of the child's biological parents, and, if known, the full names and dates of birth of
the child's grandparents and of the child's Indian custodian. This notification must be provided
deleted text begin sodeleted text endnew text begin fornew text end the tribe deleted text begincandeleted text endnew text begin tonew text end determine if the child is enrolled in the tribe or eligible for new text begintribal
new text end membership, and deleted text beginmust be provideddeleted text endnew text begin the agency must provide this notification to the tribenew text end
within seven daysnew text begin of receiving information that the child may be an Indian childnew text end. If
information regarding the child's grandparents or Indian custodian is not available within
the seven-day period, the local social services agency shall continue to request this
information and shall notify the tribe when it is received. Notice shall be provided to all
tribes to which the child may have any tribal lineage. If the identity or location of the child's
parent or Indian custodian and tribe cannot be determined, the local social services agency
shall provide the notice required in this paragraph to the United States secretary of the
interior.

(c) In accordance with sections 260C.151 and 260C.152, when a court has reason to
believe that a child placed in emergency protective care is an Indian child, the court
administrator or a designee shall, as soon as possible and before a hearing takes place, notify
the tribal social services agency by telephone and by e-mail or facsimile of the date, time,
and location of the emergency protective case hearing. The court shall make efforts to allow
appearances by telephone for tribal representatives, parents, and Indian custodians.

(d) A local social services agency must provide the notices required under this subdivision
at the earliest possible time to facilitate involvement of the Indian child's tribe. Nothing in
this subdivision is intended to hinder the ability of the local social services agency and the
court to respond to an emergency situation. Lack of participation by a tribe shall not prevent
the tribe from intervening in services and proceedings at a later date. A tribe may participate
new text begin in a case new text endat any time. At any stage of the local social services agency's involvement with
an Indian child, the agency shall provide full cooperation to the tribal social services agency,
including disclosure of all data concerning the Indian child. Nothing in this subdivision
relieves the local social services agency of satisfying the notice requirements in the Indian
Child Welfare Act.

Sec. 2.

Minnesota Statutes 2020, section 260C.007, subdivision 14, is amended to read:


Subd. 14.

Egregious harm.

"Egregious harm" means the infliction of bodily harm to a
child or neglect of a child which demonstrates a grossly inadequate ability to provide
minimally adequate parental care. deleted text beginThedeleted text end Egregious harm deleted text beginneeddeleted text endnew text begin mustnew text end not have occurred in the
state or in the county where a termination of parental rights action deleted text beginis otherwise properly
venued
deleted text endnew text begin has proper venuenew text end. Egregious harm includes, but is not limited to:

(1) conduct deleted text begintowardsdeleted text endnew text begin towardnew text end a child that constitutes a violation of sections 609.185 to
609.2114, 609.222, subdivision 2, 609.223, or any other similar law of any other state;

(2) the infliction of "substantial bodily harm" to a child, as defined in section 609.02,
subdivision 7a
;

(3) conduct deleted text begintowardsdeleted text endnew text begin towardnew text end a child that constitutes felony malicious punishment of a
child under section 609.377;

(4) conduct deleted text begintowardsdeleted text endnew text begin towardnew text end a child that constitutes felony unreasonable restraint of a
child under section 609.255, subdivision 3;

(5) conduct deleted text begintowardsdeleted text endnew text begin towardnew text end a child that constitutes felony neglect or endangerment of
a child under section 609.378;

(6) conduct deleted text begintowardsdeleted text endnew text begin towardnew text end a child that constitutes assault under section 609.221, 609.222,
or 609.223;

(7) conduct deleted text begintowardsdeleted text endnew text begin towardnew text end a child that constitutes new text beginsex trafficking, new text endsolicitation,
inducement, deleted text beginordeleted text end promotion of, or receiving profit derived from prostitution under section
609.322;

(8) conduct deleted text begintowardsdeleted text endnew text begin towardnew text end a child that constitutes murder or voluntary manslaughter
as defined by United States Code, title 18, section 1111(a) or 1112(a);

(9) conduct deleted text begintowardsdeleted text endnew text begin towardnew text end a child that constitutes aiding or abetting, attempting,
conspiring, or soliciting to commit a murder or voluntary manslaughter that constitutes a
violation of United States Code, title 18, section 1111(a) or 1112(a); or

(10) conduct toward a child that constitutes criminal sexual conduct under sections
609.342 to 609.345.

Sec. 3.

Minnesota Statutes 2020, section 260E.01, is amended to read:


260E.01 POLICY.

(a) The legislature hereby declares that the public policy of this state is to protect children
whose health or welfare may be jeopardized through maltreatment. While it is recognized
that most parents want to keep their children safe, sometimes circumstances or conditions
interfere with their ability to do so. When this occurs, the health and safety of the children
must be of paramount concern. Intervention and prevention efforts must address immediate
concerns for child safety and the ongoing risk of maltreatment and should engage the
protective capacities of families. In furtherance of this public policy, it is the intent of the
legislature under this chapter to:

(1) protect children and promote child safety;

(2) strengthen the family;

(3) make the home, school, and community safe for children by promoting responsible
child care in all settings; and

(4) provide, when necessary, a safe temporary or permanent home environment for
maltreated children.

(b) In addition, it is the policy of this state to:

(1) require the reporting of maltreatment of children in the home, school, and community
settings;

(2) provide for deleted text beginthedeleted text end voluntary reporting of maltreatment of children;

(3) require an investigation when the report alleges sexual abuse or substantial child
endangermentnew text begin, except when the report alleges sex trafficking by a noncaregiver sex traffickernew text end;

(4) provide a family assessment, if appropriate, when the report does not allege sexual
abuse or substantial child endangerment; deleted text beginand
deleted text end

(5) new text beginprovide a noncaregiver sex trafficking assessment when the report alleges sex
trafficking by a noncaregiver sex trafficker; and
new text end

new text begin (6) new text endprovide protective, family support, and family preservation services when needed
in appropriate cases.

Sec. 4.

Minnesota Statutes 2020, section 260E.02, subdivision 1, is amended to read:


Subdivision 1.

Establishment of team.

A county shall establish a multidisciplinary
child protection team that may include, but new text beginis new text endnot deleted text beginbedeleted text end limited to, the director of the local
welfare agency or designees, the county attorney or designees, the county sheriff or designees,
representatives of health and education, representatives of mental healthnew text begin, representatives of
agencies providing specialized services or responding to youth who experience or are at
risk of experiencing sex trafficking or sexual exploitation,
new text end or other appropriate human
services or community-based agencies, and parent groups. As used in this section, a
"community-based agency" may include, but is not limited to, schools, social services
agencies, family service and mental health collaboratives, children's advocacy centers, early
childhood and family education programs, Head Start, or other agencies serving children
and families. A member of the team must be designated as the lead person of the team
responsible for the planning process to develop standards for the team's activities with
battered women's and domestic abuse programs and services.

Sec. 5.

Minnesota Statutes 2020, section 260E.03, is amended by adding a subdivision to
read:


new text begin Subd. 15a. new text end

new text begin Noncaregiver sex trafficker. new text end

new text begin "Noncaregiver sex trafficker" means an
individual who is alleged to have engaged in the act of sex trafficking a child and who is
not a person responsible for the child's care, who does not have a significant relationship
with the child as defined in section 609.341, and who is not a person in a current or recent
position of authority as defined in section 609.341, subdivision 10.
new text end

Sec. 6.

Minnesota Statutes 2020, section 260E.03, is amended by adding a subdivision to
read:


new text begin Subd. 15b. new text end

new text begin Noncaregiver sex trafficking assessment. new text end

new text begin "Noncaregiver sex trafficking
assessment" is a comprehensive assessment of child safety, the risk of subsequent child
maltreatment, and strengths and needs of the child and family. The local welfare agency
shall only perform a noncaregiver sex trafficking assessment when a maltreatment report
alleges sex trafficking of a child by someone other than the child's caregiver. A noncaregiver
sex trafficking assessment does not include a determination of whether child maltreatment
occurred. A noncaregiver sex trafficking assessment includes a determination of a family's
need for services to address the safety of the child or children, the safety of family members,
and the risk of subsequent child maltreatment.
new text end

Sec. 7.

Minnesota Statutes 2020, section 260E.03, subdivision 22, is amended to read:


Subd. 22.

Substantial child endangerment.

"Substantial child endangerment" means
that a person responsible for a child's care, by act or omission, commits or attempts to
commit an act against a child deleted text beginunder theirdeleted text endnew text begin in the person'snew text end care that constitutes any of the
following:

(1) egregious harm under subdivision 5;

(2) abandonment under section 260C.301, subdivision 2;

(3) neglect under subdivision 15, paragraph (a), clause (2), that substantially endangers
the child's physical or mental health, including a growth delay, which may be referred to
as failure to thrive, that has been diagnosed by a physician and is due to parental neglect;

(4) murder in the first, second, or third degree under section 609.185, 609.19, or 609.195;

(5) manslaughter in the first or second degree under section 609.20 or 609.205;

(6) assault in the first, second, or third degree under section 609.221, 609.222, or 609.223;

(7) new text beginsex trafficking, new text endsolicitation, inducement, deleted text beginanddeleted text endnew text begin ornew text end promotion of prostitution under
section 609.322;

(8) criminal sexual conduct under sections 609.342 to 609.3451;

(9) solicitation of children to engage in sexual conduct under section 609.352;

(10) malicious punishment or neglect or endangerment of a child under section 609.377
or 609.378;

(11) use of a minor in sexual performance under section 617.246; or

(12) parental behavior, status, or condition deleted text beginthat mandates thatdeleted text endnew text begin requiringnew text end the county
attorneynew text begin tonew text end file a termination of parental rights petition under section 260C.503, subdivision
2
.

Sec. 8.

Minnesota Statutes 2020, section 260E.14, subdivision 2, is amended to read:


Subd. 2.

Sexual abuse.

(a) The local welfare agency is the agency responsible for
investigating an allegation of sexual abuse if the alleged offender is the parent, guardian,
sibling, or an individual functioning within the family unit as a person responsible for the
child's care, or a person with a significant relationship to the child if that person resides in
the child's household.

(b) The local welfare agency is also responsible for new text beginassessing or new text endinvestigating when a
child is identified as a victim of sex trafficking.

Sec. 9.

Minnesota Statutes 2020, section 260E.14, subdivision 5, is amended to read:


Subd. 5.

Law enforcement.

(a) The local law enforcement agency is the agency
responsible for investigating a report of maltreatment if a violation of a criminal statute is
alleged.

(b) Law enforcement and the responsible agency must coordinate their investigations
or assessments as required under this chapter when deleted text beginthedeleted text endnew text begin: (1) anew text end report alleges maltreatment
that is a violation of a criminal statute by a person who is a parent, guardian, sibling, person
responsible for the child's care deleted text beginfunctioningdeleted text end within the family unit, ornew text begin by anew text end person who lives
in the child's household and who has a significant relationship to the childdeleted text begin,deleted text end in a setting other
than a facility as defined in section 260E.03new text begin; or (2) a report alleges sex trafficking of a childnew text end.

Sec. 10.

Minnesota Statutes 2020, section 260E.17, subdivision 1, is amended to read:


Subdivision 1.

Local welfare agency.

(a) Upon receipt of a report, the local welfare
agency shall determine whether to conduct a family assessment deleted text beginordeleted text endnew text begin,new text end an investigationnew text begin, or a
noncaregiver sex trafficking assessment
new text end as appropriate to prevent or provide a remedy for
maltreatment.

(b) The local welfare agency shall conduct an investigation when the report involves
sexual abusenew text begin, except as indicated in paragraph (f),new text end or substantial child endangerment.

(c) The local welfare agency shall begin an immediate investigation deleted text beginif,deleted text end at any time when
the local welfare agency is deleted text beginusingdeleted text endnew text begin responding withnew text end a family assessment deleted text beginresponse,deleted text endnew text begin andnew text end the
local welfare agency determines that there is reason to believe that sexual abuse deleted text beginordeleted text endnew text begin,new text end substantial
child endangermentnew text begin,new text end or a serious threat to the child's safety exists.

(d) The local welfare agency may conduct a family assessment for reports that do not
allege sexual abusenew text begin, except as indicated in paragraph (f),new text end or substantial child endangerment.
In determining that a family assessment is appropriate, the local welfare agency may consider
issues of child safety, parental cooperation, and the need for an immediate response.

(e) The local welfare agency may conduct a family assessment deleted text beginondeleted text endnew text begin fornew text end a report that was
initially screened and assigned for an investigation. In determining that a complete
investigation is not required, the local welfare agency must document the reason for
terminating the investigation and notify the local law enforcement agency if the local law
enforcement agency is conducting a joint investigation.

new text begin (f) The local welfare agency shall conduct a noncaregiver sex trafficking assessment
when a maltreatment report alleges sex trafficking of a child and the alleged offender is a
noncaregiver sex trafficker as defined by section 260E.03, subdivision 15a.
new text end

new text begin (g) During a noncaregiver sex trafficking assessment, the local welfare agency shall
initiate an immediate investigation if there is reason to believe that a child's parent, caregiver,
or household member allegedly engaged in the act of sex trafficking a child or was alleged
to have engaged in any conduct requiring the agency to conduct an investigation.
new text end

Sec. 11.

Minnesota Statutes 2020, section 260E.18, is amended to read:


260E.18 NOTICE TO CHILD'S TRIBE.

The local welfare agency shall provide immediate notice, according to section 260.761,
subdivision 2, to an Indian child's tribe when the agency has reason to believe new text beginthat new text endthe family
assessment deleted text beginordeleted text endnew text begin,new text end investigationnew text begin, or noncaregiver sex trafficking assessmentnew text end may involve an
Indian child. For purposes of this section, "immediate notice" means notice provided within
24 hours.

Sec. 12.

Minnesota Statutes 2020, section 260E.20, subdivision 2, is amended to read:


Subd. 2.

Face-to-face contact.

(a) Upon receipt of a screened in report, the local welfare
agency shall deleted text beginconduct adeleted text endnew text begin havenew text end face-to-face contact with the child reported to be maltreated
and with the child's primary caregiver sufficient to complete a safety assessment and ensure
the immediate safety of the child.

(b) new text beginExcept in a noncaregiver sex trafficking assessment, new text endthenew text begin local welfare agency shall
have
new text end face-to-face contact with the child and primary caregiver deleted text beginshall occurdeleted text end immediately new text beginafter
the agency screens in a report
new text endif sexual abuse or substantial child endangerment is alleged
and within five calendar daysnew text begin of a screened in reportnew text end for all other reports. If the alleged
offender was not already interviewed as the primary caregiver, the local welfare agency
shall also conduct a face-to-face interview with the alleged offender in the early stages of
the assessment or investigationnew text begin, except in a noncaregiver sex trafficking assessmentnew text end.

(c) At the initial contact with the alleged offender, the local welfare agency or the agency
responsible for assessing or investigating the report must inform the alleged offender of the
complaints or allegations made against the individual in a manner consistent with laws
protecting the rights of the person who made the report. The interview with the alleged
offender may be postponed if it would jeopardize an active law enforcement investigation.new text begin
In a noncaregiver sex trafficking assessment, the local child welfare agency is not required
to inform or interview the alleged offender.
new text end

(d) The local welfare agency or the agency responsible for assessing or investigating
the report must provide the alleged offender with an opportunity to make a statementnew text begin, except
in a noncaregiver sex trafficking assessment
new text end. The alleged offender may submit supporting
documentation relevant to the assessment or investigation.

Sec. 13.

Minnesota Statutes 2020, section 260E.24, subdivision 2, is amended to read:


Subd. 2.

Determination after family assessmentnew text begin or a noncaregiver sex trafficking
assessment
new text end.

After conducting a family assessmentnew text begin or a noncaregiver sex trafficking
assessment
new text end, the local welfare agency shall determine whether child protective services are
needed to address the safety of the child and other family members and the risk of subsequent
maltreatment.

Sec. 14.

Minnesota Statutes 2020, section 260E.24, subdivision 7, is amended to read:


Subd. 7.

Notification at conclusion of family assessmentnew text begin or a noncaregiver sex
trafficking assessment
new text end.

Within ten working days of the conclusion of a family assessmentnew text begin
or a noncaregiver sex trafficking assessment
new text end, the local welfare agency shall notify the parent
or guardian of the child of the need for services to address child safety concerns or significant
risk of subsequent maltreatment. The local welfare agency and the family may also jointly
agree that family support and family preservation services are needed.

Sec. 15.

Minnesota Statutes 2020, section 260E.33, subdivision 1, is amended to read:


Subdivision 1.

Followingnew text begin anew text end family assessmentnew text begin or a noncaregiver sex trafficking
assessment
new text end.

Administrative reconsideration is not applicable to a family assessment new text beginor
noncaregiver sex trafficking assessment
new text endsince no determination concerning maltreatment
is made.

Sec. 16.

Minnesota Statutes 2020, section 260E.35, subdivision 6, is amended to read:


Subd. 6.

Data retention.

(a) Notwithstanding sections 138.163 and 138.17, a record
maintained or a record derived from a report of maltreatment by a local welfare agency,
agency responsible for assessing or investigating the report, court services agency, or school
under this chapter shall be destroyed as provided in paragraphs (b) to (e) by the responsible
authority.

(b) For a report alleging maltreatment that was not accepted for new text beginan new text endassessment or new text beginan
new text end investigation, a family assessment case, new text begina noncaregiver sex trafficking assessment case, new text endand
a case where an investigation results in no determination of maltreatment or the need for
child protective services, the record must be maintained for a period of five years after the
datenew text begin thatnew text end the report was not accepted for assessment or investigation or the date of the final
entry in the case record. A record of a report that was not accepted must contain sufficient
information to identify the subjects of the report, the nature of the alleged maltreatment,
and the reasons deleted text beginas todeleted text end why the report was not accepted. Records under this paragraph may
not be used for employment, background checks, or purposes other than to assist in future
screening decisions and risk and safety assessments.

(c) All records relating to reports that, upon investigation, indicate deleted text begineitherdeleted text end 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.

(d) All records regarding a report of maltreatment, including a notification of intent to
interview that was received by a school under section 260E.22, subdivision 7, 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.

(e) Private or confidential data released to a court services agency under subdivision 3,
paragraph (d), 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.