HF 3533

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to children; child protection proceedings; 
  1.3             marriage dissolution; requiring criminal background 
  1.4             checks for court services personnel and individuals 
  1.5             who supervise parenting time; increasing the penalty 
  1.6             for a false report of child abuse; reducing the 
  1.7             immunity of child protection workers; requiring the 
  1.8             use of certain guidelines; amending Minnesota Statutes 
  1.9             2000, sections 609.507; 626.561, by adding a 
  1.10            subdivision; Minnesota Statutes 2001 Supplement, 
  1.11            sections 626.556, subdivisions 10, 10b; 626.559, 
  1.12            subdivision 2; proposing coding for new law in 
  1.13            Minnesota Statutes, chapter 518. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  [518.163] [BACKGROUND CHECK; COURT SERVICES 
  1.16  PERSONNEL; PARENTING TIME SUPERVISORS.] 
  1.17     Subdivision 1.  [DEFINITION.] "Employing entity" for the 
  1.18  purposes of this section means the department of court services 
  1.19  or county welfare agency that employs, appoints, or supervises 
  1.20  individuals making investigations and reports under section 
  1.21  518.167, subdivision 1, or individuals responsible for 
  1.22  supervising parenting time under section 518.175. 
  1.23     Subd. 2.  [WHEN REQUIRED.] A background study as provided 
  1.24  by this subdivision must be performed on personnel of the 
  1.25  department of court services or the county welfare agency who 
  1.26  make investigations and reports under section 518.167, 
  1.27  subdivision 1, and individuals who supervise parenting time 
  1.28  under section 518.175.  A background study must be performed at 
  1.29  the time an individual initially performs these duties and once 
  2.1   every five years thereafter, if the individual continues to 
  2.2   perform these duties. 
  2.3      Subd. 3.  [SCOPE.] The background study under subdivision 2 
  2.4   must include criminal history data from the bureau of criminal 
  2.5   apprehension and data regarding whether the individual has been 
  2.6   a perpetrator of substantiated maltreatment of a minor. 
  2.7      The employing entity shall request a search of the National 
  2.8   Criminal Records Repository if the individual has not resided in 
  2.9   Minnesota for the previous five years or if the bureau of 
  2.10  criminal apprehension information received from the commissioner 
  2.11  of human services under subdivision 4, paragraph (b), indicates 
  2.12  that the subject is a multistate offender or that the 
  2.13  individual's multistate offender status is undetermined. 
  2.14     The fee for conducting a background study under this 
  2.15  section must be paid by the employing entity. 
  2.16     Subd. 4.  [PROCEDURE; CRIMINAL HISTORY AND MALTREATMENT 
  2.17  RECORDS BACKGROUND CHECK.] (a) The employing entity shall 
  2.18  request the commissioner of human services to complete a 
  2.19  background study under section 245A.041.  The request must be 
  2.20  accompanied by the applicable fee and the signed consent of the 
  2.21  subject of the study authorizing the release of the data 
  2.22  obtained to the employing entity.  If the employing entity is 
  2.23  requesting a search of the National Criminal Records Repository, 
  2.24  the request must be accompanied by a set of classifiable 
  2.25  fingerprints of the subject of the study.  The fingerprints must 
  2.26  be recorded on a fingerprint card provided by the commissioner 
  2.27  of human services. 
  2.28     (b) The commissioner of human services shall provide the 
  2.29  employing entity with information from the bureau of criminal 
  2.30  apprehension's criminal justice information system and data 
  2.31  regarding substantiated maltreatment of a minor under section 
  2.32  626.556 within 15 working days of receipt of a request.  If the 
  2.33  subject of the study has been the perpetrator of substantiated 
  2.34  maltreatment of a minor, the response must include a copy of the 
  2.35  notice of determination under section 626.556, subdivision 10f.  
  2.36  If the employing entity did not request a search of the National 
  3.1   Criminal Records Repository and information from the bureau of 
  3.2   criminal apprehension indicates that the subject is a multistate 
  3.3   offender or that multistate offender status is undetermined, the 
  3.4   response must include this information.  The commissioner shall 
  3.5   provide the employing entity with information from the National 
  3.6   Criminal Records Repository within three working days of the 
  3.7   commissioner's receipt of the data. 
  3.8      (c) Notwithstanding section 626.556, if the commissioner of 
  3.9   human services or a county lead agency has information that an 
  3.10  individual on whom a background study was previously done under 
  3.11  this section has been determined to be a perpetrator of 
  3.12  maltreatment of a minor, the commissioner or the county may 
  3.13  provide this information to the employing entity that requested 
  3.14  the background study.  The commissioner may also provide the 
  3.15  employing entity with additional criminal history information 
  3.16  that becomes available after the background study is done. 
  3.17     Subd. 5.  [FORM.] The commissioner of human services shall 
  3.18  develop a form to be used for requesting a background study 
  3.19  under this section, which must include: 
  3.20     (1) a notification to the subject of the study that the 
  3.21  employing entity will request the commissioner to perform a 
  3.22  background study under this section; 
  3.23     (2) a notification to the subject of the rights in 
  3.24  subdivision 6; and 
  3.25     (3) a signed consent to conduct the background study. 
  3.26     Subd. 6.  [RIGHTS.] The employing entity shall notify the 
  3.27  subject of a background study that the subject has the following 
  3.28  rights: 
  3.29     (1) the right to be informed that the employing entity will 
  3.30  request a background study on the subject for the purpose of 
  3.31  determining whether the individual may perform duties under 
  3.32  section 518.167, subdivision 1, or may supervise parenting time 
  3.33  under section 518.175; 
  3.34     (2) the right to be informed of the results of the study 
  3.35  and to obtain from the employing entity a copy of the results; 
  3.36  and 
  4.1      (3) the right to challenge the accuracy and completeness of 
  4.2   information contained in the results under section 13.04, 
  4.3   subdivision 4, except to the extent precluded by section 
  4.4   256.045, subdivision 3. 
  4.5      Sec. 2.  Minnesota Statutes 2000, section 609.507, is 
  4.6   amended to read: 
  4.7      609.507 [FALSELY REPORTING CHILD ABUSE.] 
  4.8      A person is guilty of a gross misdemeanor who: 
  4.9      (1) informs another person that a person has committed 
  4.10  sexual abuse, physical abuse, or neglect of a child, as defined 
  4.11  in section 626.556, subdivision 2; 
  4.12     (2) knows that the allegation is false or is without reason 
  4.13  to believe that the alleged abuser committed the abuse or 
  4.14  neglect; and 
  4.15     (3) has the intent that the information influence a child 
  4.16  custody hearing. 
  4.17     Sec. 3.  Minnesota Statutes 2001 Supplement, section 
  4.18  626.556, subdivision 10, is amended to read: 
  4.19     Subd. 10.  [DUTIES OF LOCAL WELFARE AGENCY AND LOCAL LAW 
  4.20  ENFORCEMENT AGENCY UPON RECEIPT OF A REPORT.] (a) If the report 
  4.21  alleges neglect, physical abuse, or sexual abuse by a parent, 
  4.22  guardian, or individual functioning within the family unit as a 
  4.23  person responsible for the child's care, the local welfare 
  4.24  agency shall immediately conduct an assessment including 
  4.25  gathering information on the existence of substance abuse and 
  4.26  offer protective social services for purposes of preventing 
  4.27  further abuses, safeguarding and enhancing the welfare of the 
  4.28  abused or neglected minor, and preserving family life whenever 
  4.29  possible.  If the report alleges a violation of a criminal 
  4.30  statute involving sexual abuse, physical abuse, or neglect or 
  4.31  endangerment, under section 609.378, the local law enforcement 
  4.32  agency and local welfare agency shall coordinate the planning 
  4.33  and execution of their respective investigation and assessment 
  4.34  efforts to avoid a duplication of fact-finding efforts and 
  4.35  multiple interviews. Each agency shall prepare a separate report 
  4.36  of the results of its investigation.  In cases of alleged child 
  5.1   maltreatment resulting in death, the local agency may rely on 
  5.2   the fact-finding efforts of a law enforcement investigation to 
  5.3   make a determination of whether or not maltreatment occurred. 
  5.4   When necessary the local welfare agency shall seek authority to 
  5.5   remove the child from the custody of a parent, guardian, or 
  5.6   adult with whom the child is living.  In performing any of these 
  5.7   duties, the local welfare agency shall maintain appropriate 
  5.8   records. 
  5.9      If the assessment indicates there is a potential for abuse 
  5.10  of alcohol or other drugs by the parent, guardian, or person 
  5.11  responsible for the child's care, the local welfare agency shall 
  5.12  conduct a chemical use assessment pursuant to Minnesota Rules, 
  5.13  part 9530.6615.  The local welfare agency shall report the 
  5.14  determination of the chemical use assessment, and the 
  5.15  recommendations and referrals for alcohol and other drug 
  5.16  treatment services to the state authority on alcohol and drug 
  5.17  abuse. 
  5.18     (b) When a local agency receives a report or otherwise has 
  5.19  information indicating that a child who is a client, as defined 
  5.20  in section 245.91, has been the subject of physical abuse, 
  5.21  sexual abuse, or neglect at an agency, facility, or program as 
  5.22  defined in section 245.91, it shall, in addition to its other 
  5.23  duties under this section, immediately inform the ombudsman 
  5.24  established under sections 245.91 to 245.97.  The commissioner 
  5.25  of children, families, and learning shall inform the ombudsman 
  5.26  established under sections 245.91 to 245.97 of reports regarding 
  5.27  a child defined as a client in section 245.91 that maltreatment 
  5.28  occurred at a school as defined in sections 120A.05, 
  5.29  subdivisions 9, 11, and 13, and 124D.10. 
  5.30     (c) Authority of the local welfare agency responsible for 
  5.31  assessing the child abuse or neglect report, the agency 
  5.32  responsible for assessing or investigating the report, and of 
  5.33  the local law enforcement agency for investigating the alleged 
  5.34  abuse or neglect includes, but is not limited to, authority to 
  5.35  interview, without parental consent, the alleged victim and any 
  5.36  other minors who currently reside with or who have resided with 
  6.1   the alleged offender.  The interview may take place at school or 
  6.2   at any facility or other place where the alleged victim or other 
  6.3   minors might be found or the child may be transported to, and 
  6.4   the interview conducted at, a place appropriate for the 
  6.5   interview of a child designated by the local welfare agency or 
  6.6   law enforcement agency.  The interview may take place outside 
  6.7   the presence of the alleged offender or parent, legal custodian, 
  6.8   guardian, or school official.  Except as provided in this 
  6.9   paragraph, the parent, legal custodian, or guardian shall be 
  6.10  notified by the responsible local welfare or law enforcement 
  6.11  agency no later than the conclusion of the investigation or 
  6.12  assessment that this interview has occurred. Notwithstanding 
  6.13  rule 49.02 of the Minnesota rules of procedure for juvenile 
  6.14  courts, the juvenile court may, after hearing on an ex parte 
  6.15  motion by the local welfare agency, order that, where reasonable 
  6.16  cause exists, the agency withhold notification of this interview 
  6.17  from the parent, legal custodian, or guardian.  If the interview 
  6.18  took place or is to take place on school property, the order 
  6.19  shall specify that school officials may not disclose to the 
  6.20  parent, legal custodian, or guardian the contents of the 
  6.21  notification of intent to interview the child on school 
  6.22  property, as provided under this paragraph, and any other 
  6.23  related information regarding the interview that may be a part 
  6.24  of the child's school record.  A copy of the order shall be sent 
  6.25  by the local welfare or law enforcement agency to the 
  6.26  appropriate school official. 
  6.27     (d) When the local welfare, local law enforcement agency, 
  6.28  or the agency responsible for assessing or investigating a 
  6.29  report of maltreatment determines that an interview should take 
  6.30  place on school property, written notification of intent to 
  6.31  interview the child on school property must be received by 
  6.32  school officials prior to the interview.  The notification shall 
  6.33  include the name of the child to be interviewed, the purpose of 
  6.34  the interview, and a reference to the statutory authority to 
  6.35  conduct an interview on school property.  For interviews 
  6.36  conducted by the local welfare agency, the notification shall be 
  7.1   signed by the chair of the local social services agency or the 
  7.2   chair's designee.  The notification shall be private data on 
  7.3   individuals subject to the provisions of this paragraph.  School 
  7.4   officials may not disclose to the parent, legal custodian, or 
  7.5   guardian the contents of the notification or any other related 
  7.6   information regarding the interview until notified in writing by 
  7.7   the local welfare or law enforcement agency that the 
  7.8   investigation or assessment has been concluded, unless a school 
  7.9   employee or agent is alleged to have maltreated the child. Until 
  7.10  that time, the local welfare or law enforcement agency or the 
  7.11  agency responsible for assessing or investigating a report of 
  7.12  maltreatment shall be solely responsible for any disclosures 
  7.13  regarding the nature of the assessment or investigation. 
  7.14     Except where the alleged offender is believed to be a 
  7.15  school official or employee, the time and place, and manner of 
  7.16  the interview on school premises shall be within the discretion 
  7.17  of school officials, but the local welfare or law enforcement 
  7.18  agency shall have the exclusive authority to determine who may 
  7.19  attend the interview.  The conditions as to time, place, and 
  7.20  manner of the interview set by the school officials shall be 
  7.21  reasonable and the interview shall be conducted not more than 24 
  7.22  hours after the receipt of the notification unless another time 
  7.23  is considered necessary by agreement between the school 
  7.24  officials and the local welfare or law enforcement agency.  
  7.25  Where the school fails to comply with the provisions of this 
  7.26  paragraph, the juvenile court may order the school to comply.  
  7.27  Every effort must be made to reduce the disruption of the 
  7.28  educational program of the child, other students, or school 
  7.29  staff when an interview is conducted on school premises. 
  7.30     (e) Where the alleged offender or a person responsible for 
  7.31  the care of the alleged victim or other minor prevents access to 
  7.32  the victim or other minor by the local welfare agency, the 
  7.33  juvenile court may order the parents, legal custodian, or 
  7.34  guardian to produce the alleged victim or other minor for 
  7.35  questioning by the local welfare agency or the local law 
  7.36  enforcement agency outside the presence of the alleged offender 
  8.1   or any person responsible for the child's care at reasonable 
  8.2   places and times as specified by court order. 
  8.3      (f) Before making an order under paragraph (e), the court 
  8.4   shall issue an order to show cause, either upon its own motion 
  8.5   or upon a verified petition, specifying the basis for the 
  8.6   requested interviews and fixing the time and place of the 
  8.7   hearing.  The order to show cause shall be served personally and 
  8.8   shall be heard in the same manner as provided in other cases in 
  8.9   the juvenile court.  The court shall consider the need for 
  8.10  appointment of a guardian ad litem to protect the best interests 
  8.11  of the child.  If appointed, the guardian ad litem shall be 
  8.12  present at the hearing on the order to show cause. 
  8.13     (g) The commissioner of human services, the ombudsman for 
  8.14  mental health and mental retardation, the local welfare agencies 
  8.15  responsible for investigating reports, the commissioner of 
  8.16  children, families, and learning, and the local law enforcement 
  8.17  agencies have the right to enter facilities as defined in 
  8.18  subdivision 2 and to inspect and copy the facility's records, 
  8.19  including medical records, as part of the investigation.  
  8.20  Notwithstanding the provisions of chapter 13, they also have the 
  8.21  right to inform the facility under investigation that they are 
  8.22  conducting an investigation, to disclose to the facility the 
  8.23  names of the individuals under investigation for abusing or 
  8.24  neglecting a child, and to provide the facility with a copy of 
  8.25  the report and the investigative findings. 
  8.26     (h) The local welfare agency or the agency responsible for 
  8.27  assessing or investigating the report shall collect available 
  8.28  and relevant information to ascertain whether maltreatment 
  8.29  occurred and whether protective services are needed.  
  8.30  Information collected includes, when relevant, information with 
  8.31  regard to the person reporting the alleged maltreatment, 
  8.32  including the nature of the reporter's relationship to the child 
  8.33  and to the alleged offender, and the basis of the reporter's 
  8.34  knowledge for the report; the child allegedly being maltreated; 
  8.35  the alleged offender; the child's caretaker; and other 
  8.36  collateral sources having relevant information related to the 
  9.1   alleged maltreatment.  The local welfare agency or the agency 
  9.2   responsible for assessing or investigating the report may make a 
  9.3   determination of no maltreatment early in an assessment, and 
  9.4   close the case and retain immunity, if the collected information 
  9.5   shows no basis for a full assessment or investigation. 
  9.6      Information relevant to the assessment or investigation 
  9.7   must be asked for, and may include: 
  9.8      (1) the child's sex and age, prior reports of maltreatment, 
  9.9   information relating to developmental functioning, credibility 
  9.10  of the child's statement, and whether the information provided 
  9.11  under this clause is consistent with other information collected 
  9.12  during the course of the assessment or investigation; 
  9.13     (2) the alleged offender's age, a record check for prior 
  9.14  reports of maltreatment, and criminal charges and convictions.  
  9.15  The local welfare agency or the agency responsible for assessing 
  9.16  or investigating the report must provide the alleged offender 
  9.17  with an opportunity to make a statement.  The alleged offender 
  9.18  may submit supporting documentation relevant to the assessment 
  9.19  or investigation; 
  9.20     (3) collateral source information regarding the alleged 
  9.21  maltreatment and care of the child. Collateral information 
  9.22  includes, when relevant:  (i) a medical examination of the 
  9.23  child; (ii) prior medical records relating to the alleged 
  9.24  maltreatment or the care of the child maintained by any 
  9.25  facility, clinic, or health care professional and an interview 
  9.26  with the treating professionals; and (iii) interviews with the 
  9.27  child's caretakers, including the child's parent, guardian, 
  9.28  foster parent, child care provider, teachers, counselors, family 
  9.29  members, relatives, and other persons who may have knowledge 
  9.30  regarding the alleged maltreatment and the care of the child; 
  9.31  and 
  9.32     (4) information on the existence of domestic abuse and 
  9.33  violence in the home of the child, and substance abuse. 
  9.34     Nothing in this paragraph precludes the local welfare 
  9.35  agency, the local law enforcement agency, or the agency 
  9.36  responsible for assessing or investigating the report from 
 10.1   collecting other relevant information necessary to conduct the 
 10.2   assessment or investigation.  Notwithstanding section 13.384 or 
 10.3   144.335, the local welfare agency has access to medical data and 
 10.4   records for purposes of clause (3).  Notwithstanding the data's 
 10.5   classification in the possession of any other agency, data 
 10.6   acquired by the local welfare agency or the agency responsible 
 10.7   for assessing or investigating the report during the course of 
 10.8   the assessment or investigation are private data on individuals 
 10.9   and must be maintained in accordance with subdivision 11.  Data 
 10.10  of the commissioner of children, families, and learning 
 10.11  collected or maintained during and for the purpose of an 
 10.12  investigation of alleged maltreatment in a school are governed 
 10.13  by this section, notwithstanding the data's classification as 
 10.14  educational, licensing, or personnel data under chapter 13. 
 10.15     In conducting an assessment or investigation involving a 
 10.16  school facility as defined in subdivision 2, paragraph (f), the 
 10.17  commissioner of children, families, and learning shall collect 
 10.18  investigative reports and data that are relevant to a report of 
 10.19  maltreatment and are from local law enforcement and the school 
 10.20  facility. 
 10.21     (i) In the initial stages of an assessment or 
 10.22  investigation, the local welfare agency shall conduct a 
 10.23  face-to-face observation of the child reported to be maltreated 
 10.24  and a face-to-face interview of the alleged offender.  The 
 10.25  interview with the alleged offender may be postponed if it would 
 10.26  jeopardize an active law enforcement investigation. 
 10.27     (j) The local welfare agency, agency responsible for 
 10.28  assessing a report of maltreatment, and local law enforcement 
 10.29  agency shall use a question and answer interviewing format with 
 10.30  questioning as nondirective as possible to elicit spontaneous 
 10.31  responses.  The following interviewing methods and procedures 
 10.32  must be used whenever possible when collecting information: 
 10.33     (1) audio recordings of all interviews with witnesses and 
 10.34  collateral sources; and 
 10.35     (2) in cases of alleged sexual abuse, audio-video 
 10.36  recordings of each interview with the alleged victim and child 
 11.1   witnesses. 
 11.2   When conducting an interview of an alleged victim of child abuse 
 11.3   and child witnesses, the local welfare agency, agency 
 11.4   responsible for assessing a report of maltreatment, and local 
 11.5   law enforcement agency must use the published practice 
 11.6   guidelines of the American Professional Society on the Abuse of 
 11.7   Children regarding interviewing methods and procedures. 
 11.8      (k) In conducting an assessment or investigation involving 
 11.9   a school facility as defined in subdivision 2, paragraph (f), 
 11.10  the commissioner of children, families, and learning shall 
 11.11  collect available and relevant information and use the 
 11.12  procedures in paragraphs (h), (i), and (j), provided that the 
 11.13  commissioner may also base the assessment or investigation on 
 11.14  investigative reports and data received from the school facility 
 11.15  and local law enforcement, to the extent those investigations 
 11.16  satisfy the requirements of paragraphs (h), (i), and (j). 
 11.17     Sec. 4.  Minnesota Statutes 2001 Supplement, section 
 11.18  626.556, subdivision 10b, is amended to read: 
 11.19     Subd. 10b. [DUTIES OF COMMISSIONER; NEGLECT OR ABUSE IN 
 11.20  FACILITY.] (a) This section applies to the commissioners of 
 11.21  human services, health, and children, families, and learning.  
 11.22  The commissioner of the agency responsible for assessing or 
 11.23  investigating the report shall immediately assess or investigate 
 11.24  if the report alleges that: 
 11.25     (1) a child who is in the care of a facility as defined in 
 11.26  subdivision 2 is neglected, physically abused, sexually abused, 
 11.27  or is the victim of maltreatment in a facility by an individual 
 11.28  in that facility, or has been so neglected or abused, or been 
 11.29  the victim of maltreatment in a facility by an individual in 
 11.30  that facility within the three years preceding the report; or 
 11.31     (2) a child was neglected, physically abused, sexually 
 11.32  abused, or is the victim of maltreatment in a facility by an 
 11.33  individual in a facility defined in subdivision 2, while in the 
 11.34  care of that facility within the three years preceding the 
 11.35  report. 
 11.36     The commissioner of the agency responsible for assessing or 
 12.1   investigating the report shall arrange for the transmittal to 
 12.2   the commissioner of reports received by local agencies and may 
 12.3   delegate to a local welfare agency the duty to investigate 
 12.4   reports.  In conducting an investigation under this section, the 
 12.5   commissioner has the powers and duties specified for local 
 12.6   welfare agencies under this section.  The commissioner of the 
 12.7   agency responsible for assessing or investigating the report or 
 12.8   local welfare agency may interview any children who are or have 
 12.9   been in the care of a facility under investigation and their 
 12.10  parents, guardians, or legal custodians.  When conducting an 
 12.11  interview of any children who are or have been in the care of a 
 12.12  facility under investigation, the agency responsible for 
 12.13  assessing or investigating the report or local welfare agency 
 12.14  must use the published practice guidelines of the American 
 12.15  Professional Society on the Abuse of Children regarding 
 12.16  interviewing methods and procedures. 
 12.17     (b) Prior to any interview, the commissioner of the agency 
 12.18  responsible for assessing or investigating the report or local 
 12.19  welfare agency shall notify the parent, guardian, or legal 
 12.20  custodian of a child who will be interviewed in the manner 
 12.21  provided for in subdivision 10d, paragraph (a).  If reasonable 
 12.22  efforts to reach the parent, guardian, or legal custodian of a 
 12.23  child in an out-of-home placement have failed, the child may be 
 12.24  interviewed if there is reason to believe the interview is 
 12.25  necessary to protect the child or other children in the 
 12.26  facility.  The commissioner of the agency responsible for 
 12.27  assessing or investigating the report or local agency must 
 12.28  provide the information required in this subdivision to the 
 12.29  parent, guardian, or legal custodian of a child interviewed 
 12.30  without parental notification as soon as possible after the 
 12.31  interview.  When the investigation is completed, any parent, 
 12.32  guardian, or legal custodian notified under this subdivision 
 12.33  shall receive the written memorandum provided for in subdivision 
 12.34  10d, paragraph (c). 
 12.35     (c) In conducting investigations under this subdivision the 
 12.36  commissioner or local welfare agency shall obtain access to 
 13.1   information consistent with subdivision 10, paragraphs (h), (i), 
 13.2   and (j).  In conducting assessments or investigations under this 
 13.3   subdivision, the commissioner of children, families, and 
 13.4   learning shall obtain access to reports and investigative data 
 13.5   that are relevant to a report of maltreatment and are in the 
 13.6   possession of a school facility as defined in subdivision 2, 
 13.7   paragraph (f), notwithstanding the classification of the data as 
 13.8   educational or personnel data under chapter 13.  This includes, 
 13.9   but is not limited to, school investigative reports, information 
 13.10  concerning the conduct of school personnel alleged to have 
 13.11  committed maltreatment of students, information about witnesses, 
 13.12  and any protective or corrective action taken by the school 
 13.13  facility regarding the school personnel alleged to have 
 13.14  committed maltreatment. 
 13.15     (d) The commissioner may request assistance from the local 
 13.16  social services agency. 
 13.17     Sec. 5.  Minnesota Statutes 2001 Supplement, section 
 13.18  626.559, subdivision 2, is amended to read: 
 13.19     Subd. 2.  [JOINT TRAINING.] The commissioners of human 
 13.20  services and public safety shall cooperate in the development of 
 13.21  a joint program for training child abuse services professionals 
 13.22  in the appropriate techniques for child abuse assessment and 
 13.23  investigation.  The program shall include but need not be 
 13.24  limited to the following areas: 
 13.25     (1) the public policy goals of the state as set forth in 
 13.26  section 260C.001 and the role of the assessment or investigation 
 13.27  in meeting these goals; 
 13.28     (2) the special duties of child protection workers and law 
 13.29  enforcement officers under section 626.556; 
 13.30     (3) the appropriate methods for directing and managing 
 13.31  affiliated professionals who may be utilized in providing 
 13.32  protective services and strengthening family ties; 
 13.33     (4) the appropriate methods for interviewing alleged 
 13.34  victims of child abuse and other minors in the course of 
 13.35  performing an assessment or an investigation, and training on 
 13.36  the published practice guidelines of the American Professional 
 14.1   Society on the Abuse of Children regarding interviewing methods 
 14.2   and procedures; 
 14.3      (5) the dynamics of child abuse and neglect within family 
 14.4   systems and the appropriate methods for interviewing parents in 
 14.5   the course of the assessment or investigation, including 
 14.6   training in recognizing cases in which one of the parents is a 
 14.7   victim of domestic abuse and in need of special legal or medical 
 14.8   services; 
 14.9      (6) the legal, evidentiary considerations that may be 
 14.10  relevant to the conduct of an assessment or an investigation; 
 14.11     (7) the circumstances under which it is appropriate to 
 14.12  remove the alleged abuser or the alleged victim from the home; 
 14.13     (8) the protective social services that are available to 
 14.14  protect alleged victims from further abuse, to prevent child 
 14.15  abuse and domestic abuse, and to preserve the family unit, and 
 14.16  training in the preparation of case plans to coordinate services 
 14.17  for the alleged child abuse victim with services for any parents 
 14.18  who are victims of domestic abuse; 
 14.19     (9) the methods by which child protection workers and law 
 14.20  enforcement workers cooperate in conducting assessments and 
 14.21  investigations in order to avoid duplication of efforts; and 
 14.22     (10) appropriate methods for interviewing alleged victims 
 14.23  of child abuse and conducting investigations in cases where the 
 14.24  alleged victim is developmentally, physically, or mentally 
 14.25  disabled. 
 14.26     Sec. 6.  Minnesota Statutes 2000, section 626.561, is 
 14.27  amended by adding a subdivision to read: 
 14.28     Subd. 5.  [GUIDELINES FOR INTERVIEWS.] Whenever an 
 14.29  interview is conducted, the interviewer must use the published 
 14.30  practice guidelines of the American Professional Society on the 
 14.31  Abuse of Children regarding interviewing methods and procedures.