1.1                          A bill for an act 
  1.2             relating to protection of children; expanding certain 
  1.3             case plans; providing for consideration of domestic 
  1.4             abuse in child protection risk assessments; 
  1.5             authorizing rulemaking; providing for sharing of 
  1.6             certain data; changing records retention requirements; 
  1.7             requiring review and audits; requiring task forces and 
  1.8             a plan; amending Minnesota Statutes 1996, sections 
  1.9             260.191, subdivision 1e; and 626.556, subdivision 10, 
  1.10            and by adding subdivisions; Minnesota Statutes 1997 
  1.11            Supplement, section 626.556, subdivisions 10e and 11c. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1996, section 260.191, 
  1.14  subdivision 1e, is amended to read: 
  1.15     Subd. 1e.  [CASE PLAN.] For each disposition ordered, the 
  1.16  court shall order the appropriate agency to prepare a written 
  1.17  case plan developed after consultation with any foster parents, 
  1.18  and consultation with and participation by the child and the 
  1.19  child's parent, guardian, or custodian, guardian ad litem, and 
  1.20  tribal representative if the tribe has intervened.  The case 
  1.21  plan shall comply with the requirements of section 257.071, 
  1.22  where applicable.  The case plan shall, among other matters, 
  1.23  specify the actions to be taken by the child and the child's 
  1.24  parent, guardian, foster parent, or custodian to comply with the 
  1.25  court's disposition order, and the services to be offered and 
  1.26  provided by the agency to the child and the child's parent, 
  1.27  guardian, or custodian.  The court shall review the case plan 
  1.28  and, upon approving it, incorporate the plan into its 
  2.1   disposition order.  The court may review and modify the terms of 
  2.2   the case plan in the manner provided in subdivision 2.  For each 
  2.3   disposition ordered, the written case plan shall specify what 
  2.4   reasonable efforts shall be provided to the family.  The case 
  2.5   plan must include a discussion of: 
  2.6      (1) the availability of appropriate prevention and 
  2.7   reunification services for the family to prevent the removal of 
  2.8   the child from the home or to reunify the child with the family 
  2.9   after removal; 
  2.10     (2) any services or resources that were requested by the 
  2.11  child or the child's parent, guardian, foster parent, or 
  2.12  custodian since the date of initial adjudication, and whether 
  2.13  those services or resources were provided or the basis for 
  2.14  denial of the services or resources; 
  2.15     (3) the need of the child and family for care, treatment, 
  2.16  or rehabilitation; 
  2.17     (4) the need for participation by the parent, guardian, or 
  2.18  custodian in the plan of care for the child; 
  2.19     (5) the visitation rights and obligations of the parent or 
  2.20  other relatives, as defined in section 260.181, subdivision 3, 
  2.21  during any period when the child is placed outside the home; and 
  2.22     (6) a description of any services that could prevent 
  2.23  placement or reunify the family if such services were available; 
  2.24  and 
  2.25     (7) the need for continued monitoring of the child and 
  2.26  family by the appropriate local social services agency once the 
  2.27  family has completed all services required in the case plan. 
  2.28     A party has a right to request a court review of the 
  2.29  reasonableness of the case plan upon a showing of a substantial 
  2.30  change of circumstances. 
  2.31     Sec. 2.  Minnesota Statutes 1996, section 626.556, 
  2.32  subdivision 10, is amended to read: 
  2.33     Subd. 10.  [DUTIES OF LOCAL WELFARE AGENCY AND LOCAL LAW 
  2.34  ENFORCEMENT AGENCY UPON RECEIPT OF A REPORT.] (a) If the report 
  2.35  alleges neglect, physical abuse, or sexual abuse by a parent, 
  2.36  guardian, or individual functioning within the family unit as a 
  3.1   person responsible for the child's care, the local welfare 
  3.2   agency shall immediately conduct an assessment and offer 
  3.3   protective social services for purposes of preventing further 
  3.4   abuses, safeguarding and enhancing the welfare of the abused or 
  3.5   neglected minor, and preserving family life whenever possible.  
  3.6   If the report alleges a violation of a criminal statute 
  3.7   involving sexual abuse, physical abuse, or neglect or 
  3.8   endangerment, under section 609.378, the local law enforcement 
  3.9   agency and local welfare agency shall coordinate the planning 
  3.10  and execution of their respective investigation and assessment 
  3.11  efforts to avoid a duplication of fact-finding efforts and 
  3.12  multiple interviews.  Each agency shall prepare a separate 
  3.13  report of the results of its investigation.  In cases of alleged 
  3.14  child maltreatment resulting in death, the local agency may rely 
  3.15  on the fact-finding efforts of a law enforcement investigation 
  3.16  to make a determination of whether or not maltreatment 
  3.17  occurred.  When necessary the local welfare agency shall seek 
  3.18  authority to remove the child from the custody of a parent, 
  3.19  guardian, or adult with whom the child is living.  In performing 
  3.20  any of these duties, the local welfare agency shall maintain 
  3.21  appropriate records.  
  3.22     (b) When a local agency receives a report or otherwise has 
  3.23  information indicating that a child who is a client, as defined 
  3.24  in section 245.91, has been the subject of physical abuse, 
  3.25  sexual abuse, or neglect at an agency, facility, or program as 
  3.26  defined in section 245.91, it shall, in addition to its other 
  3.27  duties under this section, immediately inform the ombudsman 
  3.28  established under sections 245.91 to 245.97. 
  3.29     (c) Authority of the local welfare agency responsible for 
  3.30  assessing the child abuse or neglect report and of the local law 
  3.31  enforcement agency for investigating the alleged abuse or 
  3.32  neglect includes, but is not limited to, authority to interview, 
  3.33  without parental consent, the alleged victim and any other 
  3.34  minors who currently reside with or who have resided with the 
  3.35  alleged offender.  The interview may take place at school or at 
  3.36  any facility or other place where the alleged victim or other 
  4.1   minors might be found or the child may be transported to, and 
  4.2   the interview conducted at, a place appropriate for the 
  4.3   interview of a child designated by the local welfare agency or 
  4.4   law enforcement agency.  The interview may take place outside 
  4.5   the presence of the alleged offender or parent, legal custodian, 
  4.6   guardian, or school official.  Except as provided in this 
  4.7   paragraph, the parent, legal custodian, or guardian shall be 
  4.8   notified by the responsible local welfare or law enforcement 
  4.9   agency no later than the conclusion of the investigation or 
  4.10  assessment that this interview has occurred.  Notwithstanding 
  4.11  rule 49.02 of the Minnesota rules of procedure for juvenile 
  4.12  courts, the juvenile court may, after hearing on an ex parte 
  4.13  motion by the local welfare agency, order that, where reasonable 
  4.14  cause exists, the agency withhold notification of this interview 
  4.15  from the parent, legal custodian, or guardian.  If the interview 
  4.16  took place or is to take place on school property, the order 
  4.17  shall specify that school officials may not disclose to the 
  4.18  parent, legal custodian, or guardian the contents of the 
  4.19  notification of intent to interview the child on school 
  4.20  property, as provided under this paragraph, and any other 
  4.21  related information regarding the interview that may be a part 
  4.22  of the child's school record.  A copy of the order shall be sent 
  4.23  by the local welfare or law enforcement agency to the 
  4.24  appropriate school official. 
  4.25     (d) When the local welfare or local law enforcement agency 
  4.26  determines that an interview should take place on school 
  4.27  property, written notification of intent to interview the child 
  4.28  on school property must be received by school officials prior to 
  4.29  the interview.  The notification shall include the name of the 
  4.30  child to be interviewed, the purpose of the interview, and a 
  4.31  reference to the statutory authority to conduct an interview on 
  4.32  school property.  For interviews conducted by the local welfare 
  4.33  agency, the notification shall be signed by the chair of the 
  4.34  local social services agency or the chair's designee.  The 
  4.35  notification shall be private data on individuals subject to the 
  4.36  provisions of this paragraph.  School officials may not disclose 
  5.1   to the parent, legal custodian, or guardian the contents of the 
  5.2   notification or any other related information regarding the 
  5.3   interview until notified in writing by the local welfare or law 
  5.4   enforcement agency that the investigation or assessment has been 
  5.5   concluded.  Until that time, the local welfare or law 
  5.6   enforcement agency shall be solely responsible for any 
  5.7   disclosures regarding the nature of the assessment or 
  5.8   investigation.  
  5.9      Except where the alleged offender is believed to be a 
  5.10  school official or employee, the time and place, and manner of 
  5.11  the interview on school premises shall be within the discretion 
  5.12  of school officials, but the local welfare or law enforcement 
  5.13  agency shall have the exclusive authority to determine who may 
  5.14  attend the interview.  The conditions as to time, place, and 
  5.15  manner of the interview set by the school officials shall be 
  5.16  reasonable and the interview shall be conducted not more than 24 
  5.17  hours after the receipt of the notification unless another time 
  5.18  is considered necessary by agreement between the school 
  5.19  officials and the local welfare or law enforcement agency.  
  5.20  Where the school fails to comply with the provisions of this 
  5.21  paragraph, the juvenile court may order the school to comply.  
  5.22  Every effort must be made to reduce the disruption of the 
  5.23  educational program of the child, other students, or school 
  5.24  staff when an interview is conducted on school premises.  
  5.25     (e) Where the alleged offender or a person responsible for 
  5.26  the care of the alleged victim or other minor prevents access to 
  5.27  the victim or other minor by the local welfare agency, the 
  5.28  juvenile court may order the parents, legal custodian, or 
  5.29  guardian to produce the alleged victim or other minor for 
  5.30  questioning by the local welfare agency or the local law 
  5.31  enforcement agency outside the presence of the alleged offender 
  5.32  or any person responsible for the child's care at reasonable 
  5.33  places and times as specified by court order.  
  5.34     (f) Before making an order under paragraph (e), the court 
  5.35  shall issue an order to show cause, either upon its own motion 
  5.36  or upon a verified petition, specifying the basis for the 
  6.1   requested interviews and fixing the time and place of the 
  6.2   hearing.  The order to show cause shall be served personally and 
  6.3   shall be heard in the same manner as provided in other cases in 
  6.4   the juvenile court.  The court shall consider the need for 
  6.5   appointment of a guardian ad litem to protect the best interests 
  6.6   of the child.  If appointed, the guardian ad litem shall be 
  6.7   present at the hearing on the order to show cause.  
  6.8      (g) The commissioner, the ombudsman for mental health and 
  6.9   mental retardation, the local welfare agencies responsible for 
  6.10  investigating reports, and the local law enforcement agencies 
  6.11  have the right to enter facilities as defined in subdivision 2 
  6.12  and to inspect and copy the facility's records, including 
  6.13  medical records, as part of the investigation.  Notwithstanding 
  6.14  the provisions of chapter 13, they also have the right to inform 
  6.15  the facility under investigation that they are conducting an 
  6.16  investigation, to disclose to the facility the names of the 
  6.17  individuals under investigation for abusing or neglecting a 
  6.18  child, and to provide the facility with a copy of the report and 
  6.19  the investigative findings. 
  6.20     (h) The local welfare agency shall collect available and 
  6.21  relevant information to ascertain whether maltreatment occurred 
  6.22  and whether protective services are needed.  Information 
  6.23  collected includes, when relevant, information with regard to 
  6.24  the person reporting the alleged maltreatment, including the 
  6.25  nature of the reporter's relationship to the child and to the 
  6.26  alleged offender, and the basis of the reporter's knowledge for 
  6.27  the report; the child allegedly being maltreated; the alleged 
  6.28  offender; the child's caretaker; and other collateral sources 
  6.29  having relevant information related to the alleged 
  6.30  maltreatment.  The local welfare agency may make a determination 
  6.31  of no maltreatment early in an assessment, and close the case 
  6.32  and retain immunity, if the collected information shows no basis 
  6.33  for a full assessment or investigation. 
  6.34     Information relevant to the assessment or investigation 
  6.35  must be asked for, and may include: 
  6.36     (1) the child's sex and age, prior reports of maltreatment, 
  7.1   information relating to developmental functioning, credibility 
  7.2   of the child's statement, and whether the information provided 
  7.3   under this clause is consistent with other information collected 
  7.4   during the course of the assessment or investigation; 
  7.5      (2) the alleged offender's age, a record check for prior 
  7.6   reports of maltreatment, and criminal charges and convictions.  
  7.7   The local welfare agency must provide the alleged offender with 
  7.8   an opportunity to make a statement.  The alleged offender may 
  7.9   submit supporting documentation relevant to the assessment or 
  7.10  investigation; 
  7.11     (3) collateral source information regarding the alleged 
  7.12  maltreatment and care of the child.  Collateral information 
  7.13  includes, when relevant:  (i) a medical examination of the 
  7.14  child; (ii) prior medical records relating to the alleged 
  7.15  maltreatment or the care of the child and an interview with the 
  7.16  treating professionals; and (iii) interviews with the child's 
  7.17  caretakers, including the child's parent, guardian, foster 
  7.18  parent, child care provider, teachers, counselors, family 
  7.19  members, relatives, and other persons who may have knowledge 
  7.20  regarding the alleged maltreatment and the care of the child; 
  7.21  and 
  7.22     (4) information on the existence of domestic abuse and 
  7.23  violence in the home of the child. 
  7.24     Nothing in this paragraph precludes the local welfare 
  7.25  agency from collecting other relevant information necessary to 
  7.26  conduct the assessment or investigation.  Notwithstanding the 
  7.27  data's classification in the possession of any other agency, 
  7.28  data acquired by the local welfare agency during the course of 
  7.29  the assessment or investigation are private data on individuals 
  7.30  and must be maintained in accordance with subdivision 11. 
  7.31     (i) In the initial stages of an assessment or 
  7.32  investigation, the local welfare agency shall conduct a 
  7.33  face-to-face observation of the child reported to be maltreated 
  7.34  and a face-to-face interview of the alleged offender.  The 
  7.35  interview with the alleged offender may be postponed if it would 
  7.36  jeopardize an active law enforcement investigation. 
  8.1      (j) The local welfare agency shall use a question and 
  8.2   answer interviewing format with questioning as nondirective as 
  8.3   possible to elicit spontaneous responses.  The following 
  8.4   interviewing methods and procedures must be used whenever 
  8.5   possible when collecting information: 
  8.6      (1) audio recordings of all interviews with witnesses and 
  8.7   collateral sources; and 
  8.8      (2) in cases of alleged sexual abuse, audio-video 
  8.9   recordings of each interview with the alleged victim and child 
  8.10  witnesses. 
  8.11     Sec. 3.  Minnesota Statutes 1997 Supplement, section 
  8.12  626.556, subdivision 10e, is amended to read: 
  8.13     Subd. 10e.  [DETERMINATIONS.] Upon the conclusion of every 
  8.14  assessment or investigation it conducts, the local welfare 
  8.15  agency shall make two determinations:  first, whether 
  8.16  maltreatment has occurred; and second, whether child protective 
  8.17  services are needed.  When maltreatment is determined in an 
  8.18  investigation involving a facility, the investigating agency 
  8.19  shall also determine whether the facility or individual was 
  8.20  responsible for the maltreatment using the mitigating factors in 
  8.21  paragraph (d).  Determinations under this subdivision must be 
  8.22  made based on a preponderance of the evidence. 
  8.23     (a) For the purposes of this subdivision, "maltreatment" 
  8.24  means any of the following acts or omissions committed by a 
  8.25  person responsible for the child's care: 
  8.26     (1) physical abuse as defined in subdivision 2, paragraph 
  8.27  (d); 
  8.28     (2) neglect as defined in subdivision 2, paragraph (c); 
  8.29     (3) sexual abuse as defined in subdivision 2, paragraph 
  8.30  (a); or 
  8.31     (4) mental injury as defined in subdivision 2, paragraph 
  8.32  (k). 
  8.33     (b) For the purposes of this subdivision, a determination 
  8.34  that child protective services are needed means that the local 
  8.35  welfare agency has documented conditions during the assessment 
  8.36  or investigation sufficient to cause a child protection worker, 
  9.1   as defined in section 626.559, subdivision 1, to conclude that a 
  9.2   child is at significant risk of maltreatment if protective 
  9.3   intervention is not provided and that the individuals 
  9.4   responsible for the child's care have not taken or are not 
  9.5   likely to take actions to protect the child from maltreatment or 
  9.6   risk of maltreatment. 
  9.7      (c) This subdivision does not mean that maltreatment has 
  9.8   occurred solely because the child's parent, guardian, or other 
  9.9   person responsible for the child's care in good faith selects 
  9.10  and depends upon spiritual means or prayer for treatment or care 
  9.11  of disease or remedial care of the child, in lieu of medical 
  9.12  care.  However, if lack of medical care may result in serious 
  9.13  danger to the child's health, the local welfare agency may 
  9.14  ensure that necessary medical services are provided to the child.
  9.15     (d) When determining whether the facility or individual is 
  9.16  the responsible party for determined maltreatment in a facility, 
  9.17  the investigating agency shall consider at least the following 
  9.18  mitigating factors: 
  9.19     (1) whether the actions of the facility or the individual 
  9.20  caregivers were according to, and followed the terms of, an 
  9.21  erroneous physician order, prescription, individual care plan, 
  9.22  or directive; however, this is not a mitigating factor when the 
  9.23  facility or caregiver was responsible for the issuance of the 
  9.24  erroneous order, prescription, individual care plan, or 
  9.25  directive or knew or should have known of the errors and took no 
  9.26  reasonable measures to correct the defect before administering 
  9.27  care; 
  9.28     (2) comparative responsibility between the facility, other 
  9.29  caregivers, and requirements placed upon an employee, including 
  9.30  the facility's compliance with related regulatory standards and 
  9.31  the adequacy of facility policies and procedures, facility 
  9.32  training, an individual's participation in the training, the 
  9.33  caregiver's supervision, and facility staffing levels and the 
  9.34  scope of the individual employee's authority and discretion; and 
  9.35     (3) whether the facility or individual followed 
  9.36  professional standards in exercising professional judgment. 
 10.1      (e) The commissioner shall work with the maltreatment of 
 10.2   minors advisory committee established under Laws 1997, chapter 
 10.3   203, to make recommendations to further specify the kinds of 
 10.4   acts or omissions that constitute physical abuse, neglect, 
 10.5   sexual abuse, or mental injury.  The commissioner shall submit 
 10.6   the recommendation and any legislation needed by January 15, 
 10.7   1999.  Individual counties may implement more detailed 
 10.8   definitions or criteria that indicate which allegations to 
 10.9   investigate, as long as a county's policies are consistent with 
 10.10  the definitions in the statutes and rules and are approved by 
 10.11  the county board.  Each local welfare agency shall periodically 
 10.12  inform mandated reporters under subdivision 3 who work in the 
 10.13  county of the definitions of maltreatment in the statutes and 
 10.14  rules and any additional definitions or criteria that have been 
 10.15  approved by the county board. 
 10.16     Sec. 4.  Minnesota Statutes 1996, section 626.556, is 
 10.17  amended by adding a subdivision to read: 
 10.18     Subd. 10j.  [RELEASE OF DATA TO MANDATED REPORTERS.] A 
 10.19  local social service or child protection agency may provide 
 10.20  relevant private data on individuals obtained under this section 
 10.21  to mandated reporters who have an ongoing responsibility for the 
 10.22  health, education, or welfare of a child affected by the data.  
 10.23  The commissioner shall consult with the maltreatment of minors 
 10.24  advisory committee to develop criteria for determining which 
 10.25  records may be shared with mandated reporters under this 
 10.26  subdivision.  
 10.27     Sec. 5.  Minnesota Statutes 1996, section 626.556, is 
 10.28  amended by adding a subdivision to read: 
 10.29     Subd. 10k.  [RELEASE OF CERTAIN INVESTIGATIVE RECORDS TO 
 10.30  OTHER COUNTIES.] Records maintained under subdivision 11c, 
 10.31  paragraph (a), may be shared with another local welfare agency 
 10.32  that requests the information because it is conducting an 
 10.33  investigation under this section of the subject of the records. 
 10.34     Sec. 6.  Minnesota Statutes 1997 Supplement, section 
 10.35  626.556, subdivision 11c, is amended to read: 
 10.36     Subd. 11c.  [WELFARE, COURT SERVICES AGENCY, AND SCHOOL 
 11.1   RECORDS MAINTAINED.] Notwithstanding sections 138.163 and 
 11.2   138.17, records maintained or records derived from reports of 
 11.3   abuse by local welfare agencies, court services agencies, or 
 11.4   schools under this section shall be destroyed as provided in 
 11.5   paragraphs (a) to (d) by the responsible authority. 
 11.6      (a) If upon assessment or investigation there is no 
 11.7   determination of maltreatment or the need for child protective 
 11.8   services, the records may must be maintained for a period of 
 11.9   four years.  After the individual alleged to have maltreated a 
 11.10  child is notified under subdivision 10f of the determinations at 
 11.11  the conclusion of the assessment or investigation, upon that 
 11.12  individual's request, records shall be destroyed within 30 days 
 11.13  or after the appeal rights under subdivision 10i have been 
 11.14  concluded, whichever is later.  Records under this paragraph may 
 11.15  not be used for employment, background checks, or purposes other 
 11.16  than to assist in future risk and safety assessments. 
 11.17     (b) All records relating to reports which, upon assessment 
 11.18  or investigation, indicate either maltreatment or a need for 
 11.19  child protective services shall be maintained for at least ten 
 11.20  years after the date of the final entry in the case record. 
 11.21     (c) All records regarding a report of maltreatment, 
 11.22  including any notification of intent to interview which was 
 11.23  received by a school under subdivision 10, paragraph (d), shall 
 11.24  be destroyed by the school when ordered to do so by the agency 
 11.25  conducting the assessment or investigation.  The agency shall 
 11.26  order the destruction of the notification when other records 
 11.27  relating to the report under investigation or assessment are 
 11.28  destroyed under this subdivision. 
 11.29     (d) Private or confidential data released to a court 
 11.30  services agency under subdivision 10h must be destroyed by the 
 11.31  court services agency when ordered to do so by the local welfare 
 11.32  agency that released the data.  The local welfare agency shall 
 11.33  order destruction of the data when other records relating to the 
 11.34  assessment or investigation are destroyed under this subdivision.
 11.35     Sec. 7.  Minnesota Statutes 1996, section 626.556, is 
 11.36  amended by adding a subdivision to read: 
 12.1      Subd. 15.  [AUDITING.] The commissioner of human services 
 12.2   shall regularly audit for accuracy the data reported by counties 
 12.3   on maltreatment of minors. 
 12.4      Sec. 8.  [RISK ASSESSMENT; PERFORMANCE MEASURES; EXTERNAL 
 12.5   REVIEW.] 
 12.6      Subdivision 1.  [RISK ASSESSMENT ALTERNATIVES.] 
 12.7   Notwithstanding any rule to the contrary, the commissioner of 
 12.8   human services may authorize local welfare agencies to research 
 12.9   and conduct pilot projects for alternative methods of child 
 12.10  protection risk assessment.  The commissioner shall give 
 12.11  priority to the establishment of at least one pilot project that 
 12.12  includes a study of domestic abuse and violence in the home as a 
 12.13  risk factor for children.  The commissioner shall report to the 
 12.14  appropriate committees in the house of representatives and the 
 12.15  senate on the outcomes of research and risk assessment pilot 
 12.16  projects by January 15, 2000. 
 12.17     Subd. 2.  [PERFORMANCE MEASUREMENT.] (a) The commissioner 
 12.18  of human services shall establish a task force of county and 
 12.19  state officials to identify: 
 12.20     (1) statewide measures of the performance of child welfare 
 12.21  services and steps needed to collect reliable information on 
 12.22  these measures; and 
 12.23     (2) potentially useful practices that individual counties 
 12.24  could use to monitor and evaluate child welfare services. 
 12.25     (b) The task force shall report its findings to the 
 12.26  commissioner by January 15, 1999.  The commissioner shall 
 12.27  recommend to appropriate committees of the legislature during 
 12.28  the 1999 regular session any legislative action required to 
 12.29  implement task force recommendations. 
 12.30     Subd. 3.  [COORDINATION OF CHILD WELFARE AND DOMESTIC ABUSE 
 12.31  SERVICES.] The commissioner of human services shall work with 
 12.32  the maltreatment of minors advisory committee established under 
 12.33  Laws 1997, chapter 203, to study and evaluate the opportunities 
 12.34  for coordination or integration of child welfare and domestic 
 12.35  abuse services for children and parents.  The commissioner shall 
 12.36  consult with consumers and child protection and domestic abuse 
 13.1   advocates.  The commissioner shall submit a report to the 
 13.2   legislature by January 15, 1999, that includes recommendations 
 13.3   for improving coordination between the domestic abuse and child 
 13.4   welfare systems for further integration of services. 
 13.5      Sec. 9.  [PLAN FOR EXTERNAL REVIEWS.] 
 13.6      By January 15, 1999, the commissioner of human services 
 13.7   shall present to the appropriate committees in the senate and 
 13.8   the house of representatives a plan for periodic external 
 13.9   reviews of: 
 13.10     (1) county compliance with state statutes and rules in the 
 13.11  area of child protection; and 
 13.12     (2) the appropriateness of decisions by county child 
 13.13  protection agencies in selected individual cases.  
 13.14     Nothing in section 8 or 9 prevents the commissioner from 
 13.15  developing and implementing performance measurement plans for 
 13.16  periodic reviews and best practices before January 15, 1999.