HF 1826

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/09/2021 12:38pm

A bill for an act
relating to child protection; modifying interview and notice requirements; requiring
the commissioner of human services to develop certain protocols and training;
amending Minnesota Statutes 2020, sections 260C.219, subdivision 1; 260E.17,
subdivision 1; 260E.20, subdivisions 1, 3, by adding subdivisions; 260E.22,
subdivision 2; 260E.24, subdivision 2.

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

Section 1.

Minnesota Statutes 2020, section 260C.219, subdivision 1, is amended to read:

Subdivision 1.

Responsibilities for parents; noncustodial parents.

(a) When a child
is in foster care, the responsible social services agency shall make diligent efforts to identify,
locate, and, where appropriate, offer services to both parents of the child.

(b) The responsible social services agency shall assess whether a noncustodial or
nonadjudicated parent is willing and capable of providing for the day-to-day care of the
child temporarily or permanently. An assessment under this paragraph may include, but is
not limited to, obtaining information under section 260C.209. If after assessment, the
responsible social services agency determines that a noncustodial or nonadjudicated parent
is willing and capable of providing day-to-day care of the child, the responsible social
services agency may seek authority from the custodial parent or the court to have that parent
assume day-to-day care of the child. If a parent is not an adjudicated parent, the responsible
social services agency shall require the nonadjudicated parent to cooperate with paternity
establishment procedures as part of the case plan.

(c) If, after assessment, the responsible social services agency determines that the child
cannot be in the day-to-day care of either parent, the agency shall:

(1) prepare an out-of-home placement plan addressing the conditions that each parent
must meet before the child can be in that parent's day-to-day care; and

(2) provide a parent who is the subject of a background study under section 260C.209
15 days' notice that it intends to use the study to recommend against putting the child with
that parent, and the court shall afford the parent an opportunity to be heard concerning the
study.

The results of a background study of a noncustodial parent shall not be used by the agency
to determine that the parent is incapable of providing day-to-day care of the child unless
the agency reasonably believes that placement of the child into the home of that parent
would endanger the child's health, safety, or welfare.

(d) If, after the provision of services following an out-of-home placement plan under
this subdivision, the child cannot return to the care of the parent from whom the child was
removed or who had legal custody at the time the child was placed in foster care, the agency
may petition on behalf of a noncustodial parent to establish legal custody with that parent
under section 260C.515, subdivision 4. If paternity has not already been established, it may
be established in the same proceeding in the manner provided for under chapter 257.

(e) The responsible social services agency may be relieved of the requirement to locate
and offer services to both parents by the juvenile court upon a finding of good cause after
the filing of a petition under section 260C.141.

new text begin (f) When a child is in foster care, the responsible social services agency must interview
a child who is four years of age or older separately from and prior to interviewing all adults
residing with the child. This paragraph applies unless there are exceptional documented
circumstances demonstrating that it would not be in the best interests of the child.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

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 or an investigation as
appropriate to prevent or provide a remedy for maltreatment.

(b) The local welfare agency shall conduct an investigation when the report involves
sexual abuse or substantial child endangerment.

(c) The local welfare agency shall begin an immediate investigation if, at any time when
the local welfare agency is using a family assessment response, the local welfare agency
determines that there is reason to believe that sexual abuse or substantial child endangerment
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 abuse 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 on 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 follow standard fact-finding protocol under section
260E.20, subdivision 3a, for reports that do not allege sexual abuse or substantial child
endangerment prior to assigning the case to an investigation or family assessment.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2022.
new text end

Sec. 3.

Minnesota Statutes 2020, section 260E.20, subdivision 1, is amended to read:

Subdivision 1.

General duties.

(a) The local welfare agency shall offer services to
prevent future maltreatment, safeguarding and enhancing the welfare of the maltreated child,
and supporting and preserving family life whenever possible.

(b) If the report alleges a violation of a criminal statute involving maltreatment or child
endangerment under section 609.378, the local law enforcement agency and local welfare
agency shall coordinate the planning and execution of their respective investigation and
assessment efforts to avoid a duplication of fact-finding efforts and multiple interviews.
Each agency shall prepare a separate report of the results of the agency's investigation or
assessment.

(c) In cases of alleged child maltreatment resulting in death, the local agency may rely
on the fact-finding efforts of a law enforcement investigation to make a determination of
whether or not maltreatment occurred.

(d) When necessary, the local welfare agency shall seek authority to remove the child
from the custody of a parent, guardian, or adult with whom the child is living.

(e) In performing any of these duties, the local welfare agency shall maintain an
appropriate record.

(f) In conducting a family assessment or investigation, the local welfare agency shall
new text begin follow standard fact-finding protocol under subdivision 3a and new text end gather information on the
existence of substance abuse and domestic violence.

(g) If the family assessment or investigation indicates there is a potential for abuse of
alcohol or other drugs by the parent, guardian, or person responsible for the child's care,
the local welfare agency shall conduct a chemical use assessment pursuant to Minnesota
Rules, part 9530.6615.

(h) The agency may use either a family assessment or investigation to determine whether
the child is safe when responding to a report resulting from birth match data under section
260E.03, subdivision 23, paragraph (c). If the child subject of birth match data is determined
to be safe, the agency shall consult with the county attorney to determine the appropriateness
of filing a petition alleging the child is in need of protection or services under section
260C.007, subdivision 6, clause (16), in order to deliver needed services. If the child is
determined not to be safe, the agency and the county attorney shall take appropriate action
as required under section 260C.503, subdivision 2.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2022.
new text end

Sec. 4.

Minnesota Statutes 2020, section 260E.20, subdivision 3, is amended to read:

Subd. 3.

Collection of information.

(a) The local welfare agency responsible for
conducting a family assessment or investigation shall new text begin follow standard fact-finding protocol
under subdivision 3a to new text end collect available and relevant information to determine child safety,
risk of subsequent maltreatment, and family strengths and needs and share not public
information with an Indian's tribal social services agency without violating any law of the
state that may otherwise impose a duty of confidentiality on the local welfare agency in
order to implement the tribal state agreement.

(b) The local welfare agency or the agency responsible for investigating the report shall
collect available and relevant information to ascertain whether maltreatment occurred and
whether protective services are needed.

(c) Information collected includes, when relevant, information with regard to the person
reporting the alleged maltreatment, including the nature of the reporter's relationship to the
child and to the alleged offender, and the basis of the reporter's knowledge for the report;
the child allegedly being maltreated; the alleged offender; the child's caretaker; and other
collateral sources having relevant information related to the alleged maltreatment.

(d) Information relevant to the assessment or investigation must be asked for, and may
include:

(1) the child's sex and age; prior reports of maltreatment, including any maltreatment
reports that were screened out and not accepted for assessment or investigation; information
relating to developmental functioning; credibility of the child's statement; and whether the
information provided under this clause is consistent with other information collected during
the course of the assessment or investigation;

(2) the alleged offender's age, a record check for prior reports of maltreatment, and
criminal charges and convictions;

(3) collateral source information regarding the alleged maltreatment and care of the
child. Collateral information includes, when relevant: (i) a medical examination of the child;
(ii) prior medical records relating to the alleged maltreatment or the care of the child
maintained by any facility, clinic, or health care professional and an interview with the
treating professionals; and (iii) interviews with the child's caretakers, including the child's
parent, guardian, foster parent, child care provider, teachers, counselors, family members,
relatives, and other persons who may have knowledge regarding the alleged maltreatment
and the care of the child; and

(4) information on the existence of domestic abuse and violence in the home of the child,
and substance abuse.

(e) Nothing in this subdivision precludes the local welfare agency, the local law
enforcement agency, or the agency responsible for assessing or investigating the report from
collecting other relevant information necessary to conduct the assessment or investigation.

(f) Notwithstanding section 13.384 or 144.291 to 144.298, the local welfare agency has
access to medical data and records for purposes of paragraph (d), clause (3).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2022.
new text end

Sec. 5.

Minnesota Statutes 2020, section 260E.20, is amended by adding a subdivision to
read:

new text begin Subd. 3a. new text end

new text begin Standard fact-finding protocol. new text end

new text begin Standard fact-finding protocol for assessments
and investigations shall include gathering available and relevant details from the alleged
victim, the alleged perpetrator, and other relevant collateral contacts under subdivision 3,
clause (3), regarding at least the following information:
new text end

new text begin (1) concerning the reported allegation, who was involved, what occurred, when it
occurred, where it occurred, and how it occurred;
new text end

new text begin (2) the recentness, frequency, duration, and severity of any patterns of behavior that
present a risk to a child;
new text end

new text begin (3) the existence and impact of past and present harm to the child;
new text end

new text begin (4) the parents' protective capacities including their knowledge of parenting and child
development, nurturing and attachment, parental resilience, social and emotional competence,
supports in times of need, and social connections;
new text end

new text begin (5) the child's vulnerability factors including the child's age and whether the child has
a disability;
new text end

new text begin (6) the characteristics of the child's family members that promote resiliency; and
new text end

new text begin (7) the instances within the family when the child is safe as a starting point for additional
safety planning or services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2022.
new text end

Sec. 6.

Minnesota Statutes 2020, section 260E.20, is amended by adding a subdivision to
read:

new text begin Subd. 6. new text end

new text begin Advance notice prohibited. new text end

new text begin The local welfare agency or agency responsible
for conducting assessments and investigations must not provide advance notice to the child's
caregivers for any initial visit to the child's home, unless there are exceptional documented
circumstances demonstrating that it would not be in the best interests of the child to conduct
an initial home visit without advance notice.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

Minnesota Statutes 2020, section 260E.22, subdivision 2, is amended to read:

Subd. 2.

Child interview procedure.

(a) The interview may take place at school or at
any facility or other place where the alleged victim or other children might be found or the
child may be transported to, and the interview may be conducted at a place appropriate for
the interview of a child designated by the local welfare agency or law enforcement agency.

(b) The interview may take place outside the presence of the alleged offender or parent,
legal custodian, guardian, or school official.

(c) For a family assessment, it is the preferred practice to request a parent or guardian's
permission to interview the child before conducting the child interview, unless doing so
would compromise the safety assessment.

new text begin (d) If the agency responsible for assessing or investigating reports of maltreatment must
interview the child as part of a family assessment or investigation, the agency must interview
the child separately from and prior to interviewing the alleged perpetrator. This paragraph
applies unless there are exceptional documented circumstances demonstrating that it would
not be in the best interests of the child. The responsible agency shall report to the
commissioner the number of interviews that the agency conducts under exceptional
circumstances and the specific reasons constituting exceptional circumstances.
new text end

new text begin (e) The agency responsible for assessing or investigating reports of maltreatment shall
conduct interviews with children in a trauma-informed, culturally sensitive manner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (d) is effective the day following final enactment.
Paragraph (e) is effective March 1, 2022.
new text end

Sec. 8.

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

Subd. 2.

Determination after family assessment.

After conducting a family assessment,
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. new text begin The local welfare agency shall include a description of findings from the
family assessment in the Social Services Information System case record with sufficient
specificity that a worker assigned to any future report will understand what occurred. The
description must include information about the relationships between each adult in the
household and each child and the events each child experienced.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2022.
new text end

Sec. 9. new text begin DIRECTION TO COMMISSIONER; TRAUMA-INFORMED AND
CULTURALLY SENSITIVE INTERVIEWS.
new text end

new text begin (a) By March 1, 2022, the commissioner of human services shall, in consultation with
content experts, counties, and leaders in communities of color and tribes, develop, publish,
and distribute guidance on training, and ensure that child protection workers have received
training on conducting interviews with children under Minnesota Statutes, sections 260E.22
and 260E.23, in a trauma-informed, culturally sensitive manner. The commissioner shall
periodically review the implementation of this training and its effect on child interview
practices to identify any patterns of disparate treatment of children and take corrective action
as needed. This training shall be in addition to the child protection worker training under
Minnesota Statutes, section 260E.37.
new text end

new text begin (b) By March 1, 2022, the commissioner of human services shall develop, publish, and
distribute guidance on training, and ensure that child protection workers have received
training about standard fact-finding protocol as described under Minnesota Statutes, section
260E.20, subdivision 3a. This training shall be in addition to the child protection worker
training under Minnesota Statutes, section 260E.37.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end