HF 4312

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/26/2024 02:21pm

A bill for an act
relating to child welfare; modifying notification requirements for alleged
maltreatment or abuse of a child; amending Minnesota Statutes 2022, section
260E.29.

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

Section 1.

Minnesota Statutes 2022, section 260E.29, is amended to read:

260E.29 NOTIFICATION REQUIREMENTS FOR SCHOOLS deleted text begin AND deleted text end new text begin , new text end FACILITIES new text begin ,
AND PRIVATE OR PUBLIC YOUTH RECREATION PROGRAMS new text end .

Subdivision 1.

Notification requirements for school facility.

(a) Notwithstanding
section 260E.09, 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 investigating the report of alleged maltreatment.

(b) Regardless of whether a report is made under section 260E.09, 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 occurred that may constitute maltreatment of the child, when
the incident occurred, and the nature of the conduct that may constitute maltreatment.

Subd. 2.

Notification requirements for other types of facilities new text begin and private or public
youth recreation programs new text end .

When a report is received that alleges maltreatment of a child
while in the care of a licensed or unlicensed day care facility, residential facility, agency,
hospital, sanitarium, or other facility or institution required to be licensed or certified
according to sections 144.50 to 144.58; 241.021; or 245A.01 to 245A.16; or chapter 144H,
245D, or 245H; or a school as defined in section 120A.05, subdivisions 9, 11, and 13; and
chapter 124E; or a nonlicensed personal care provider organization as defined in section
256B.0625, subdivision 19a new text begin ; or a report is received that alleges abuse of a child as defined
in section 260E.055, subdivision 1, paragraph (b), while in the care of a private or public
youth recreation program as defined in section 260E.055, subdivision 1, paragraph (f) new text end , the
commissioner of the agency responsible for investigating the report or local welfare agency
investigating the report shall provide the following information to the parent, guardian, or
legal custodian of a child alleged to have been the victim of maltreatment new text begin or abuse new text end in the
facility new text begin or program new text end : the name of the facility new text begin or program new text end ; the fact that a report alleging
maltreatment new text begin or abuse new text end in the facility new text begin or program new text end has been received; the nature of the alleged
maltreatment new text begin or abuse new text end in the facility new text begin or program new text end ; that the agency is conducting an
investigation; any protective or corrective measures being taken pending the outcome of
the investigation; and that a written memorandum will be provided when the investigation
is completed.

Subd. 3.

Discretionary notification.

The commissioner of the agency responsible for
investigating the report or local welfare agency may also provide the information in
subdivision 2 to the parent, guardian, or legal custodian of any other child in the facility new text begin or
program new text end if the investigative agency knows or has reason to believe the alleged maltreatment new text begin
or abuse new text end of a child in the facility new text begin or program new text end occurred. In determining whether to exercise
this authority, the commissioner of the agency responsible for investigating the report or
local welfare agency shall consider the seriousness of the alleged maltreatment new text begin or abuse new text end of
a child in the facility new text begin or program new text end ; the number of alleged victims of maltreatment new text begin or abuse new text end
of a child in the facility new text begin or program new text end ; the number of alleged offenders; and the length of the
investigation. The facility new text begin or program new text end shall be notified whenever this discretion is exercised.