1.1                          A bill for an act 
  1.2             relating to human services; clarifying the role of the 
  1.3             department of children, families, and learning under 
  1.4             the maltreatment of minors act and related statutory 
  1.5             provisions; providing for other special programs; 
  1.6             amending Minnesota Statutes 2000, sections 13.319, by 
  1.7             adding a subdivision; 13.32, subdivision 3; 13.43, by 
  1.8             adding a subdivision; 13.46, subdivision 2; 119B.02, 
  1.9             by adding a subdivision; 120A.22, subdivision 7; 
  1.10            122A.31, subdivision 2; 125A.023, subdivision 4; 
  1.11            125A.027, by adding a subdivision; 125A.09, 
  1.12            subdivision 11; 125A.11, subdivision 3; 125A.27, 
  1.13            subdivision 15; 125A.515; 125A.76, subdivisions 1, 2; 
  1.14            256.045, subdivision 3b; 626.556, subdivisions 2, 3, 
  1.15            4, 7, 10, 10b, 10d, 10e, 10i, 10j, 11. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  Minnesota Statutes 2000, section 13.319, is 
  1.18  amended by adding a subdivision to read: 
  1.19     Subd. 7.  [CHILD CARE ASSISTANCE PROGRAM.] Data collected 
  1.20  for purposes of administering the child care assistance program 
  1.21  are classified under section 119B.02, subdivision 6. 
  1.22     Sec. 2.  Minnesota Statutes 2000, section 13.32, 
  1.23  subdivision 3, is amended to read: 
  1.24     Subd. 3.  [PRIVATE DATA; WHEN DISCLOSURE IS PERMITTED.] 
  1.25  Except as provided in subdivision 5, educational data is private 
  1.26  data on individuals and shall not be disclosed except as follows:
  1.27     (a) Pursuant to section 13.05; 
  1.28     (b) Pursuant to a valid court order; 
  1.29     (c) Pursuant to a statute specifically authorizing access 
  1.30  to the private data; 
  2.1      (d) To disclose information in health and safety 
  2.2   emergencies pursuant to the provisions of United States Code, 
  2.3   title 20, section 1232g(b)(1)(I) and Code of Federal 
  2.4   Regulations, title 34, section 99.36; 
  2.5      (e) Pursuant to the provisions of United States Code, title 
  2.6   20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B), 
  2.7   (b)(3) and Code of Federal Regulations, title 34, sections 
  2.8   99.31, 99.32, 99.33, 99.34, and 99.35; 
  2.9      (f) To appropriate health authorities to the extent 
  2.10  necessary to administer immunization programs and for bona fide 
  2.11  epidemiologic investigations which the commissioner of health 
  2.12  determines are necessary to prevent disease or disability to 
  2.13  individuals in the public educational agency or institution in 
  2.14  which the investigation is being conducted; 
  2.15     (g) When disclosure is required for institutions that 
  2.16  participate in a program under title IV of the Higher Education 
  2.17  Act, United States Code, title 20, chapter 1092; 
  2.18     (h) To the appropriate school district officials to the 
  2.19  extent necessary under subdivision 6, annually to indicate the 
  2.20  extent and content of remedial instruction, including the 
  2.21  results of assessment testing and academic performance at a 
  2.22  post-secondary institution during the previous academic year by 
  2.23  a student who graduated from a Minnesota school district within 
  2.24  two years before receiving the remedial instruction; 
  2.25     (i) To appropriate authorities as provided in United States 
  2.26  Code, title 20, section 1232g(b)(1)(E)(ii), if the data concern 
  2.27  the juvenile justice system and the ability of the system to 
  2.28  effectively serve, prior to adjudication, the student whose 
  2.29  records are released; provided that the authorities to whom the 
  2.30  data are released submit a written request for the data that 
  2.31  certifies that the data will not be disclosed to any other 
  2.32  person except as authorized by law without the written consent 
  2.33  of the parent of the student and the request and a record of the 
  2.34  release are maintained in the student's file; 
  2.35     (j) To volunteers who are determined to have a legitimate 
  2.36  educational interest in the data and who are conducting 
  3.1   activities and events sponsored by or endorsed by the 
  3.2   educational agency or institution for students or former 
  3.3   students; 
  3.4      (k) To provide student recruiting information, from 
  3.5   educational data held by colleges and universities, as required 
  3.6   by and subject to Code of Federal Regulations, title 32, section 
  3.7   216; or 
  3.8      (l) To the juvenile justice system if information about the 
  3.9   behavior of a student who poses a risk of harm is reasonably 
  3.10  necessary to protect the health or safety of the student or 
  3.11  other individuals.; 
  3.12     (m) With respect to social security numbers of students in 
  3.13  the adult basic education system, to Minnesota state colleges 
  3.14  and universities and the department of economic security for the 
  3.15  purpose and in the manner described in section 124D.52, 
  3.16  subdivision 7.; or 
  3.17     (n) To the commissioner of children, families, and learning 
  3.18  for purposes of an assessment or investigation of a report of 
  3.19  alleged maltreatment of a student as mandated by section 
  3.20  626.556.  Upon request by the commissioner of children, 
  3.21  families, and learning, data which are relevant to a report of 
  3.22  maltreatment from charter school and school district 
  3.23  investigations of alleged maltreatment of a student must be 
  3.24  disclosed to the commissioner, including, but not limited to, 
  3.25  the following: 
  3.26     (1) information regarding the student alleged to have been 
  3.27  maltreated; 
  3.28     (2) information regarding student and employee witnesses; 
  3.29     (3) information regarding the alleged perpetrator; and 
  3.30     (4) what corrective or protective action was taken, if any, 
  3.31  by the school facility in response to a report of maltreatment 
  3.32  by an employee or agent of the school or school district. 
  3.33     Sec. 3.  Minnesota Statutes 2000, section 13.43, is amended 
  3.34  by adding a subdivision to read: 
  3.35     Subd. 14.  [MALTREATMENT DATA.] When a report of alleged 
  3.36  maltreatment of a student in a school facility, as defined in 
  4.1   section 626.556, subdivision 2, paragraph (f), is made to the 
  4.2   commissioner of children, families, and learning under section 
  4.3   626.556, data which are relevant to a report of maltreatment 
  4.4   collected by the school facility about the person alleged to 
  4.5   have committed maltreatment must be provided to the commissioner 
  4.6   of children, families, and learning upon request for purposes of 
  4.7   an assessment or investigation of the maltreatment report.  Data 
  4.8   received by the commissioner of children, families, and learning 
  4.9   pursuant to these assessments or investigations are classified 
  4.10  under section 626.556. 
  4.11     Sec. 4.  Minnesota Statutes 2000, section 13.46, 
  4.12  subdivision 2, is amended to read: 
  4.13     Subd. 2.  [GENERAL.] (a) Unless the data is summary data or 
  4.14  a statute specifically provides a different classification, data 
  4.15  on individuals collected, maintained, used, or disseminated by 
  4.16  the welfare system is private data on individuals, and shall not 
  4.17  be disclosed except:  
  4.18     (1) according to section 13.05; 
  4.19     (2) according to court order; 
  4.20     (3) according to a statute specifically authorizing access 
  4.21  to the private data; 
  4.22     (4) to an agent of the welfare system, including a law 
  4.23  enforcement person, attorney, or investigator acting for it in 
  4.24  the investigation or prosecution of a criminal or civil 
  4.25  proceeding relating to the administration of a program; 
  4.26     (5) to personnel of the welfare system who require the data 
  4.27  to determine eligibility, amount of assistance, and the need to 
  4.28  provide services of additional programs to the individual; 
  4.29     (6) to administer federal funds or programs; 
  4.30     (7) between personnel of the welfare system working in the 
  4.31  same program; 
  4.32     (8) the amounts of cash public assistance and relief paid 
  4.33  to welfare recipients in this state, including their names, 
  4.34  social security numbers, income, addresses, and other data as 
  4.35  required, upon request by the department of revenue to 
  4.36  administer the property tax refund law, supplemental housing 
  5.1   allowance, early refund of refundable tax credits, and the 
  5.2   income tax.  "Refundable tax credits" means the dependent care 
  5.3   credit under section 290.067, the Minnesota working family 
  5.4   credit under section 290.0671, the property tax refund under 
  5.5   section 290A.04, and, if the required federal waiver or waivers 
  5.6   are granted, the federal earned income tax credit under section 
  5.7   32 of the Internal Revenue Code; 
  5.8      (9) between the department of human services, the 
  5.9   department of children, families, and learning, and the 
  5.10  department of economic security for the purpose of monitoring 
  5.11  the eligibility of the data subject for unemployment benefits, 
  5.12  for any employment or training program administered, supervised, 
  5.13  or certified by that agency, for the purpose of administering 
  5.14  any rehabilitation program or child care assistance program, 
  5.15  whether alone or in conjunction with the welfare system, or to 
  5.16  monitor and evaluate the Minnesota family investment program by 
  5.17  exchanging data on recipients and former recipients of food 
  5.18  stamps, cash assistance under chapter 256, 256D, 256J, or 256K, 
  5.19  child care assistance under chapter 119B, or medical programs 
  5.20  under chapter 256B, 256D, or 256L; 
  5.21     (10) to appropriate parties in connection with an emergency 
  5.22  if knowledge of the information is necessary to protect the 
  5.23  health or safety of the individual or other individuals or 
  5.24  persons; 
  5.25     (11) data maintained by residential programs as defined in 
  5.26  section 245A.02 may be disclosed to the protection and advocacy 
  5.27  system established in this state according to Part C of Public 
  5.28  Law Number 98-527 to protect the legal and human rights of 
  5.29  persons with mental retardation or other related conditions who 
  5.30  live in residential facilities for these persons if the 
  5.31  protection and advocacy system receives a complaint by or on 
  5.32  behalf of that person and the person does not have a legal 
  5.33  guardian or the state or a designee of the state is the legal 
  5.34  guardian of the person; 
  5.35     (12) to the county medical examiner or the county coroner 
  5.36  for identifying or locating relatives or friends of a deceased 
  6.1   person; 
  6.2      (13) data on a child support obligor who makes payments to 
  6.3   the public agency may be disclosed to the higher education 
  6.4   services office to the extent necessary to determine eligibility 
  6.5   under section 136A.121, subdivision 2, clause (5); 
  6.6      (14) participant social security numbers and names 
  6.7   collected by the telephone assistance program may be disclosed 
  6.8   to the department of revenue to conduct an electronic data match 
  6.9   with the property tax refund database to determine eligibility 
  6.10  under section 237.70, subdivision 4a; 
  6.11     (15) the current address of a Minnesota family investment 
  6.12  program participant may be disclosed to law enforcement officers 
  6.13  who provide the name of the participant and notify the agency 
  6.14  that: 
  6.15     (i) the participant: 
  6.16     (A) is a fugitive felon fleeing to avoid prosecution, or 
  6.17  custody or confinement after conviction, for a crime or attempt 
  6.18  to commit a crime that is a felony under the laws of the 
  6.19  jurisdiction from which the individual is fleeing; or 
  6.20     (B) is violating a condition of probation or parole imposed 
  6.21  under state or federal law; 
  6.22     (ii) the location or apprehension of the felon is within 
  6.23  the law enforcement officer's official duties; and 
  6.24     (iii)  the request is made in writing and in the proper 
  6.25  exercise of those duties; 
  6.26     (16) the current address of a recipient of general 
  6.27  assistance or general assistance medical care may be disclosed 
  6.28  to probation officers and corrections agents who are supervising 
  6.29  the recipient and to law enforcement officers who are 
  6.30  investigating the recipient in connection with a felony level 
  6.31  offense; 
  6.32     (17) information obtained from food stamp applicant or 
  6.33  recipient households may be disclosed to local, state, or 
  6.34  federal law enforcement officials, upon their written request, 
  6.35  for the purpose of investigating an alleged violation of the 
  6.36  Food Stamp Act, according to Code of Federal Regulations, title 
  7.1   7, section 272.1(c); 
  7.2      (18) the address, social security number, and, if 
  7.3   available, photograph of any member of a household receiving 
  7.4   food stamps shall be made available, on request, to a local, 
  7.5   state, or federal law enforcement officer if the officer 
  7.6   furnishes the agency with the name of the member and notifies 
  7.7   the agency that:  
  7.8      (i) the member: 
  7.9      (A) is fleeing to avoid prosecution, or custody or 
  7.10  confinement after conviction, for a crime or attempt to commit a 
  7.11  crime that is a felony in the jurisdiction the member is 
  7.12  fleeing; 
  7.13     (B) is violating a condition of probation or parole imposed 
  7.14  under state or federal law; or 
  7.15     (C) has information that is necessary for the officer to 
  7.16  conduct an official duty related to conduct described in subitem 
  7.17  (A) or (B); 
  7.18     (ii) locating or apprehending the member is within the 
  7.19  officer's official duties; and 
  7.20     (iii) the request is made in writing and in the proper 
  7.21  exercise of the officer's official duty; 
  7.22     (19) the current address of a recipient of Minnesota family 
  7.23  investment program, general assistance, general assistance 
  7.24  medical care, or food stamps may be disclosed to law enforcement 
  7.25  officers who, in writing, provide the name of the recipient and 
  7.26  notify the agency that the recipient is a person required to 
  7.27  register under section 243.166, but is not residing at the 
  7.28  address at which the recipient is registered under section 
  7.29  243.166; 
  7.30     (20) certain information regarding child support obligors 
  7.31  who are in arrears may be made public according to section 
  7.32  518.575; 
  7.33     (21) data on child support payments made by a child support 
  7.34  obligor and data on the distribution of those payments excluding 
  7.35  identifying information on obligees may be disclosed to all 
  7.36  obligees to whom the obligor owes support, and data on the 
  8.1   enforcement actions undertaken by the public authority, the 
  8.2   status of those actions, and data on the income of the obligor 
  8.3   or obligee may be disclosed to the other party; 
  8.4      (22) data in the work reporting system may be disclosed 
  8.5   under section 256.998, subdivision 7; 
  8.6      (23) to the department of children, families, and learning 
  8.7   for the purpose of matching department of children, families, 
  8.8   and learning student data with public assistance data to 
  8.9   determine students eligible for free and reduced price meals, 
  8.10  meal supplements, and free milk according to United States Code, 
  8.11  title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to 
  8.12  allocate federal and state funds that are distributed based on 
  8.13  income of the student's family; and to verify receipt of energy 
  8.14  assistance for the telephone assistance plan; 
  8.15     (24) the current address and telephone number of program 
  8.16  recipients and emergency contacts may be released to the 
  8.17  commissioner of health or a local board of health as defined in 
  8.18  section 145A.02, subdivision 2, when the commissioner or local 
  8.19  board of health has reason to believe that a program recipient 
  8.20  is a disease case, carrier, suspect case, or at risk of illness, 
  8.21  and the data are necessary to locate the person; 
  8.22     (25) to other state agencies, statewide systems, and 
  8.23  political subdivisions of this state, including the attorney 
  8.24  general, and agencies of other states, interstate information 
  8.25  networks, federal agencies, and other entities as required by 
  8.26  federal regulation or law for the administration of the child 
  8.27  support enforcement program; 
  8.28     (26) to personnel of public assistance programs as defined 
  8.29  in section 256.741, for access to the child support system 
  8.30  database for the purpose of administration, including monitoring 
  8.31  and evaluation of those public assistance programs; 
  8.32     (27) to monitor and evaluate the Minnesota family 
  8.33  investment program by exchanging data between the departments of 
  8.34  human services and children, families, and learning, on 
  8.35  recipients and former recipients of food stamps, cash assistance 
  8.36  under chapter 256, 256D, 256J, or 256K, child care assistance 
  9.1   under chapter 119B, or medical programs under chapter 256B, 
  9.2   256D, or 256L; or 
  9.3      (28) to evaluate child support program performance and to 
  9.4   identify and prevent fraud in the child support program by 
  9.5   exchanging data between the department of human services, 
  9.6   department of revenue under section 270B.14, subdivision 1, 
  9.7   paragraphs (a) and (b), without regard to the limitation of use 
  9.8   in paragraph (c), department of health, department of economic 
  9.9   security, and other state agencies as is reasonably necessary to 
  9.10  perform these functions; or 
  9.11     (29) counties operating child care assistance programs 
  9.12  under chapter 119B may disseminate data on program participants, 
  9.13  applicants, and providers to the commissioner of children, 
  9.14  families, and learning.  
  9.15     (b) Information on persons who have been treated for drug 
  9.16  or alcohol abuse may only be disclosed according to the 
  9.17  requirements of Code of Federal Regulations, title 42, sections 
  9.18  2.1 to 2.67. 
  9.19     (c) Data provided to law enforcement agencies under 
  9.20  paragraph (a), clause (15), (16), (17), or (18), or paragraph 
  9.21  (b), are investigative data and are confidential or protected 
  9.22  nonpublic while the investigation is active.  The data are 
  9.23  private after the investigation becomes inactive under section 
  9.24  13.82, subdivision 5, paragraph (a) or (b). 
  9.25     (d) Mental health data shall be treated as provided in 
  9.26  subdivisions 7, 8, and 9, but is not subject to the access 
  9.27  provisions of subdivision 10, paragraph (b). 
  9.28     For the purposes of this subdivision, a request will be 
  9.29  deemed to be made in writing if made through a computer 
  9.30  interface system. 
  9.31     Sec. 5.  Minnesota Statutes 2000, section 119B.02, is 
  9.32  amended by adding a subdivision to read: 
  9.33     Subd. 6.  [DATA.] Data on individuals collected by the 
  9.34  commissioner for purposes of administering this chapter are 
  9.35  private data on individuals as defined in section 13.02. 
  9.36     Sec. 6.  Minnesota Statutes 2000, section 120A.22, 
 10.1   subdivision 7, is amended to read: 
 10.2      Subd. 7.  [EDUCATION RECORDS.] (a) A district from which a 
 10.3   student is transferring must transmit the student's educational 
 10.4   records, within ten business days of a request, to the district 
 10.5   in which the student is enrolling.  Districts must make 
 10.6   reasonable efforts to determine the district in which a 
 10.7   transferring student is next enrolling in order to comply with 
 10.8   this subdivision. 
 10.9      (b) A school district that transmits a student's 
 10.10  educational records to another school district or other 
 10.11  educational entity to which the student is transferring must 
 10.12  include in the transmitted records information about 
 10.13  disciplinary action taken as a result of any incident in which 
 10.14  the student possessed or used a dangerous weapon.  
 10.15     (c) School districts must establish and implement 
 10.16  procedures for the accurate and timely transfer of educational 
 10.17  records, including individual education plans and special 
 10.18  education evaluation reports, to education facilities including 
 10.19  facilities that admit children and provide an education program 
 10.20  specifically designed for children who are residents of the 
 10.21  facility including chemical dependency and other substance abuse 
 10.22  programs, shelter care facilities, hospitals, correctional 
 10.23  facilities, mental health programs, and detention facilities 
 10.24  within the ten-day limit imposed by statute.  These procedures 
 10.25  must be in place and operational year-round. 
 10.26     Sec. 7.  Minnesota Statutes 2000, section 122A.31, 
 10.27  subdivision 2, is amended to read: 
 10.28     Subd. 2.  [ORAL OR CUED SPEECH TRANSLITERATORS.] (a) In 
 10.29  addition to any other requirements that a school district 
 10.30  establishes, any person employed to provide oral transliterating 
 10.31  or cued speech transliterating services on a full-time or 
 10.32  part-time basis for a school district after July 1, 2000, must 
 10.33  hold a current applicable transliterator certificate awarded by 
 10.34  the national certifying association or comparable state 
 10.35  certification from the commissioner of children, families, and 
 10.36  learning. 
 11.1      (b) To provide oral or cued speech transliterator services 
 11.2   on a full-time or part-time basis, a person employed in a school 
 11.3   district must comply with paragraph (a).  The commissioner shall 
 11.4   grant a nonrenewable, two-year certificate to a school district 
 11.5   on behalf of a person who has not yet attained a current 
 11.6   applicable transliterator certificate pursuant to paragraph 
 11.7   (a).  A person for whom a nonrenewable, two-year certificate is 
 11.8   issued must work under the direction of a licensed teacher who 
 11.9   is skilled in language development of individuals who are deaf 
 11.10  or hard-of-hearing.  A person for whom a nonrenewable, two-year 
 11.11  certificate is issued must also enroll in state-approved 
 11.12  training and demonstrate progress towards the certification 
 11.13  required under paragraph (a) sufficient for the person to be 
 11.14  certified at the end of the two-year period. 
 11.15     Sec. 8.  Minnesota Statutes 2000, section 125A.023, 
 11.16  subdivision 4, is amended to read: 
 11.17     Subd. 4.  [STATE INTERAGENCY COMMITTEE.] (a) The governor 
 11.18  shall convene an 18-member a 19-member interagency committee to 
 11.19  develop and implement a coordinated, multidisciplinary, 
 11.20  interagency intervention service system for children ages three 
 11.21  to 21 with disabilities.  The commissioners of commerce, 
 11.22  children, families, and learning, health, human rights, human 
 11.23  services, economic security, and corrections shall each appoint 
 11.24  two committee members from their departments; the association of 
 11.25  Minnesota counties shall appoint two county representatives, one 
 11.26  of whom must be an elected official, as committee members; and 
 11.27  the Minnesota school boards association, the Minnesota 
 11.28  administrators of special education, and the school nurse 
 11.29  association of Minnesota shall each appoint one committee 
 11.30  member.  The committee shall select a chair from among its 
 11.31  members. 
 11.32     (b) The committee shall: 
 11.33     (1) identify and assist in removing state and federal 
 11.34  barriers to local coordination of services provided to children 
 11.35  with disabilities; 
 11.36     (2) identify adequate, equitable, and flexible funding 
 12.1   sources to streamline these services; 
 12.2      (3) develop guidelines for implementing policies that 
 12.3   ensure a comprehensive and coordinated system of all state and 
 12.4   local agency services, including multidisciplinary assessment 
 12.5   practices for children with disabilities ages three to 21; 
 12.6      (4) develop, consistent with federal law, a standardized 
 12.7   written plan for providing services to a child with 
 12.8   disabilities; 
 12.9      (5) identify how current systems for dispute resolution can 
 12.10  be coordinated and develop guidelines for that coordination; 
 12.11     (6) develop an evaluation process to measure the success of 
 12.12  state and local interagency efforts in improving the quality and 
 12.13  coordination of services to children with disabilities ages 
 12.14  three to 21; 
 12.15     (7) develop guidelines to assist the governing boards of 
 12.16  the interagency early intervention committees in carrying out 
 12.17  the duties assigned in section 125A.027, subdivision 1, 
 12.18  paragraph (b); and 
 12.19     (8) carry out other duties necessary to develop and 
 12.20  implement within communities a coordinated, multidisciplinary, 
 12.21  interagency intervention service system for children with 
 12.22  disabilities. 
 12.23     (c) The committee shall consult on an ongoing basis with 
 12.24  the state education advisory committee for special education and 
 12.25  the governor's interagency coordinating council in carrying out 
 12.26  its duties under this section, including assisting the governing 
 12.27  boards of the interagency early intervention committees. 
 12.28     Sec. 9.  Minnesota Statutes 2000, section 125A.027, is 
 12.29  amended by adding a subdivision to read: 
 12.30     Subd. 4.  [RESPONSIBILITIES OF SCHOOL AND COUNTY 
 12.31  BOARDS.] (a) It is the joint responsibility of school and county 
 12.32  boards to coordinate, provide, and pay for appropriate services, 
 12.33  and to facilitate payment for services from public and private 
 12.34  sources.  Appropriate service for children eligible under 
 12.35  section 125A.02 and receiving service from two or more public 
 12.36  agencies of which one is the public school must be determined in 
 13.1   consultation with parents, physicians, and other education, 
 13.2   medical health, and human services providers.  The services 
 13.3   provided must be in conformity with an individual interagency 
 13.4   intervention plan (IIIP) for each eligible child age 3 to 21. 
 13.5      (b) Appropriate services include those services listed on a 
 13.6   child's IIIP.  These services are those that are required to be 
 13.7   documented on a plan under federal and state law or rule. 
 13.8      (c) School and county boards shall coordinate interagency 
 13.9   services.  Service responsibilities for eligible children, ages 
 13.10  3 to 21, shall be established in interagency agreements or joint 
 13.11  powers board agreements.  In addition, interagency agreements or 
 13.12  joint powers board agreements shall be developed to establish 
 13.13  agency responsibility that assures that coordinated interagency 
 13.14  services are coordinated, provided, and paid for, and that 
 13.15  payment is facilitated from public and private sources.  School 
 13.16  boards must provide, pay for, and facilitate payment for special 
 13.17  education services as required under sections 125A.05 and 
 13.18  125A.06.  County boards must provide, pay for, and facilitate 
 13.19  payment for those programs over which they have service and 
 13.20  fiscal responsibility as referenced in section 125A.023, 
 13.21  subdivision 3, paragraph (d), clause (1). 
 13.22     Sec. 10.  Minnesota Statutes 2000, section 125A.09, 
 13.23  subdivision 11, is amended to read: 
 13.24     Subd. 11.  [HEARING REVIEW OFFICER'S QUALIFICATIONS.] The 
 13.25  commissioner must select an individual who has the 
 13.26  qualifications enumerated in this subdivision to serve as the 
 13.27  hearing review officer: 
 13.28     (1) the individual must be knowledgeable and impartial; 
 13.29     (2) the individual must not have a personal interest in or 
 13.30  specific involvement with the student who is a party to the 
 13.31  hearing; 
 13.32     (3) the individual must not have been employed as an 
 13.33  administrator by the district that is a party to the hearing; 
 13.34     (4) the individual must not have been involved in the 
 13.35  selection of the administrators of the district that is a party 
 13.36  to the hearing; 
 14.1      (5) the individual must not have a personal, economic, or 
 14.2   professional interest in the outcome of the hearing other than 
 14.3   the proper administration of the federal and state laws, rules, 
 14.4   and policies; 
 14.5      (6) the individual must not have substantial involvement in 
 14.6   the development of a state or local policy or procedures that 
 14.7   are challenged in the appeal; 
 14.8      (7) the individual is not a current employee or board 
 14.9   member of a Minnesota public school district, education 
 14.10  district, intermediate unit or regional education agency or the 
 14.11  department; and 
 14.12     (8) (7) the individual is not a current employee or board 
 14.13  member of a disability advocacy organization or group. 
 14.14     Sec. 11.  Minnesota Statutes 2000, section 125A.11, 
 14.15  subdivision 3, is amended to read: 
 14.16     Subd. 3.  [AGREEMENT BETWEEN DISTRICTS TO PROVIDE SPECIAL 
 14.17  INSTRUCTION AND SERVICES.] For the purposes of this section, any 
 14.18  school district may enter into an agreement, upon mutually 
 14.19  agreed upon terms and conditions, to provide special instruction 
 14.20  and services for children with a disability.  In that event, one 
 14.21  of the participating units may employ and contract with 
 14.22  necessary qualified personnel to offer services in the several 
 14.23  districts.  Each participating unit must reimburse the employing 
 14.24  unit a proportionate amount of the actual cost of providing the 
 14.25  special instruction and services, less the amount of state 
 14.26  special education aid, which shall be claimed in full by the 
 14.27  employing district.  
 14.28     Sec. 12.  Minnesota Statutes 2000, section 125A.27, 
 14.29  subdivision 15, is amended to read: 
 14.30     Subd. 15.  [PART H C STATE PLAN.] "Part H C state plan" 
 14.31  means the annual state plan application approved by the federal 
 14.32  government under the Individuals with Disabilities Education 
 14.33  Act, United States Code, title 20, section 1471 et seq. (Part H 
 14.34  C, Public Law Number 102-119 105-117). 
 14.35     Sec. 13.  Minnesota Statutes 2000, section 125A.515, is 
 14.36  amended to read: 
 15.1      125A.515 [PLACEMENT OF CHILDREN WITHOUT DISABILITIES; 
 15.2   APPROVAL OF EDUCATION PROGRAM.] 
 15.3      The commissioner shall approve education programs in care 
 15.4   and treatment facilities for placement of children without 
 15.5   disabilities, including detention centers, before being licensed 
 15.6   by the department of human services or the department of 
 15.7   corrections.  For the purposes of this section, care and 
 15.8   treatment facilities includes adult facilities that admit 
 15.9   children and provide an education program specifically designed 
 15.10  for children who are residents of the facility including 
 15.11  chemical dependency and other substance abuse programs, shelter 
 15.12  care facilities, hospitals, correctional facilities, mental 
 15.13  health programs, and detention facilities. 
 15.14     Sec. 14.  Minnesota Statutes 2000, section 125A.76, 
 15.15  subdivision 1, is amended to read: 
 15.16     Subdivision 1.  [DEFINITIONS.] For the purposes of this 
 15.17  section, the definitions in this subdivision apply. 
 15.18     (a) "Base year" for fiscal year 1998 and later fiscal years 
 15.19  means the second fiscal year preceding the fiscal year for which 
 15.20  aid will be paid. 
 15.21     (b) "Basic revenue" has the meaning given it in section 
 15.22  126C.10, subdivision 2.  For the purposes of computing basic 
 15.23  revenue pursuant to this section, each child with a disability 
 15.24  shall be counted as prescribed in section 126C.05, subdivision 1.
 15.25     (c) "Essential personnel" means teachers, cultural 
 15.26  liaisons, related services, and support services staff providing 
 15.27  direct services to students.  Essential personnel may also 
 15.28  include special education paraprofessionals or clericals 
 15.29  providing support to teachers and students by preparing 
 15.30  paperwork and making arrangements related to special education 
 15.31  compliance requirements, including parent meetings and 
 15.32  individual education plans. 
 15.33     (d) "Average daily membership" has the meaning given it in 
 15.34  section 126C.05. 
 15.35     (e) "Program growth factor" means 1.08 for fiscal year 
 15.36  2002, and 1.046 for fiscal year 2003 and later. 
 16.1      Sec. 15.  Minnesota Statutes 2000, section 125A.76, 
 16.2   subdivision 2, is amended to read: 
 16.3      Subd. 2.  [SPECIAL EDUCATION BASE REVENUE.] (a) The special 
 16.4   education base revenue equals the sum of the following amounts 
 16.5   computed using base year data: 
 16.6      (1) 68 percent of the salary of each essential person 
 16.7   employed in the district's program for children with a 
 16.8   disability during the fiscal year, not including the share of 
 16.9   salaries for personnel providing health-related services counted 
 16.10  in clause (8), whether the person is employed by one or more 
 16.11  districts or a Minnesota correctional facility operating on a 
 16.12  fee-for-service basis; 
 16.13     (2) for the Minnesota state academy for the deaf or the 
 16.14  Minnesota state academy for the blind, 68 percent of the salary 
 16.15  of each instructional aide assigned to a child attending the 
 16.16  academy, if that aide is required by the child's individual 
 16.17  education plan; 
 16.18     (3) for special instruction and services provided to any 
 16.19  pupil by contracting with public, private, or voluntary agencies 
 16.20  other than school districts, in place of special instruction and 
 16.21  services provided by the district, 52 percent of the difference 
 16.22  between the amount of the contract and the basic revenue of the 
 16.23  district for that pupil amount of the basic revenue, as defined 
 16.24  in section 126C.10, subdivision 2, special education aid, and 
 16.25  any other aid earned on behalf of the child for the fraction of 
 16.26  the school day the pupil receives services under the contract; 
 16.27     (4) for special instruction and services provided to any 
 16.28  pupil by contracting for services with public, private, or 
 16.29  voluntary agencies other than school districts, that are 
 16.30  supplementary to a full educational program provided by the 
 16.31  school district, 52 percent of the amount of the contract for 
 16.32  that pupil; 
 16.33     (5) for supplies and equipment purchased or rented for use 
 16.34  in the instruction of children with a disability, not including 
 16.35  the portion of the expenses for supplies and equipment used to 
 16.36  provide health-related services counted in clause (8), an amount 
 17.1   equal to 47 percent of the sum actually expended by the 
 17.2   district, or a Minnesota correctional facility operating on a 
 17.3   fee-for-service basis, but not to exceed an average of $47 in 
 17.4   any one school year for each child with a disability receiving 
 17.5   instruction; 
 17.6      (6) for fiscal years 1997 and later, special education base 
 17.7   revenue shall include amounts under clauses (1) to (5) for 
 17.8   special education summer programs provided during the base year 
 17.9   for that fiscal year; and 
 17.10     (7) for fiscal years 1999 and later, the cost of providing 
 17.11  transportation services for children with disabilities under 
 17.12  section 123B.92, subdivision 1, paragraph (b), clause (4). 
 17.13     The department shall establish procedures through the 
 17.14  uniform financial accounting and reporting system to identify 
 17.15  and track all revenues generated from third-party billings as 
 17.16  special education revenue at the school district level; include 
 17.17  revenue generated from third-party billings as special education 
 17.18  revenue in the annual cross-subsidy report; and exclude 
 17.19  third-party revenue from calculation of excess cost aid to the 
 17.20  districts. 
 17.21     (b) If requested by a school district operating a special 
 17.22  education program during the base year for less than the full 
 17.23  fiscal year, or a school district in which is located a 
 17.24  Minnesota correctional facility operating on a fee-for-service 
 17.25  basis for less than the full fiscal year, the commissioner may 
 17.26  adjust the base revenue to reflect the expenditures that would 
 17.27  have occurred during the base year had the program been operated 
 17.28  for the full fiscal year. 
 17.29     (c) Notwithstanding paragraphs (a) and (b), the portion of 
 17.30  a school district's base revenue attributable to a Minnesota 
 17.31  correctional facility operating on a fee-for-service basis 
 17.32  during the facility's first year of operating on a 
 17.33  fee-for-service basis shall be computed using current year data. 
 17.34     Sec. 16.  Minnesota Statutes 2000, section 256.045, 
 17.35  subdivision 3b, is amended to read: 
 17.36     Subd. 3b.  [STANDARD OF EVIDENCE FOR MALTREATMENT 
 18.1   HEARINGS.] The state human services referee shall determine that 
 18.2   maltreatment has occurred if a preponderance of evidence exists 
 18.3   to support the final disposition under sections 626.556 and 
 18.4   626.557. 
 18.5      The state human services referee shall recommend an order 
 18.6   to the commissioner of health; children, families, and learning; 
 18.7   or human services, as applicable, who shall issue a final 
 18.8   order.  The commissioner shall affirm, reverse, or modify the 
 18.9   final disposition.  Any order of the commissioner issued in 
 18.10  accordance with this subdivision is conclusive upon the parties 
 18.11  unless appeal is taken in the manner provided in subdivision 7.  
 18.12  In any licensing appeal under chapter 245A and sections 144.50 
 18.13  to 144.58 and 144A.02 to 144A.46, the commissioner's 
 18.14  determination as to maltreatment is conclusive. 
 18.15     Sec. 17.  Minnesota Statutes 2000, section 626.556, 
 18.16  subdivision 2, is amended to read: 
 18.17     Subd. 2.  [DEFINITIONS.] As used in this section, the 
 18.18  following terms have the meanings given them unless the specific 
 18.19  content indicates otherwise: 
 18.20     (a) "Sexual abuse" means the subjection of a child by a 
 18.21  person responsible for the child's care, by a person who has a 
 18.22  significant relationship to the child, as defined in section 
 18.23  609.341, or by a person in a position of authority, as defined 
 18.24  in section 609.341, subdivision 10, to any act which constitutes 
 18.25  a violation of section 609.342 (criminal sexual conduct in the 
 18.26  first degree), 609.343 (criminal sexual conduct in the second 
 18.27  degree), 609.344 (criminal sexual conduct in the third degree), 
 18.28  609.345 (criminal sexual conduct in the fourth degree), or 
 18.29  609.3451 (criminal sexual conduct in the fifth degree).  Sexual 
 18.30  abuse also includes any act which involves a minor which 
 18.31  constitutes a violation of prostitution offenses under sections 
 18.32  609.321 to 609.324 or 617.246.  Sexual abuse includes threatened 
 18.33  sexual abuse.  
 18.34     (b) "Person responsible for the child's care" means (1) an 
 18.35  individual functioning within the family unit and having 
 18.36  responsibilities for the care of the child such as a parent, 
 19.1   guardian, or other person having similar care responsibilities, 
 19.2   or (2) an individual functioning outside the family unit and 
 19.3   having responsibilities for the care of the child such as a 
 19.4   teacher, school administrator, other school employees or agents, 
 19.5   or other lawful custodian of a child having either full-time or 
 19.6   short-term care responsibilities including, but not limited to, 
 19.7   day care, babysitting whether paid or unpaid, counseling, 
 19.8   teaching, and coaching.  
 19.9      (c) "Neglect" means: 
 19.10     (1) failure by a person responsible for a child's care to 
 19.11  supply a child with necessary food, clothing, shelter, health, 
 19.12  medical, or other care required for the child's physical or 
 19.13  mental health when reasonably able to do so; 
 19.14     (2) failure to protect a child from conditions or actions 
 19.15  which imminently and seriously endanger the child's physical or 
 19.16  mental health when reasonably able to do so; 
 19.17     (3) failure to provide for necessary supervision or child 
 19.18  care arrangements appropriate for a child after considering 
 19.19  factors as the child's age, mental ability, physical condition, 
 19.20  length of absence, or environment, when the child is unable to 
 19.21  care for the child's own basic needs or safety, or the basic 
 19.22  needs or safety of another child in their care; 
 19.23     (4) failure to ensure that the child is educated as defined 
 19.24  in sections 120A.22 and 260C.163, subdivision 11; 
 19.25     (5) nothing in this section shall be construed to mean that 
 19.26  a child is neglected solely because the child's parent, 
 19.27  guardian, or other person responsible for the child's care in 
 19.28  good faith selects and depends upon spiritual means or prayer 
 19.29  for treatment or care of disease or remedial care of the child 
 19.30  in lieu of medical care; except that a parent, guardian, or 
 19.31  caretaker, or a person mandated to report pursuant to 
 19.32  subdivision 3, has a duty to report if a lack of medical care 
 19.33  may cause serious danger to the child's health.  This section 
 19.34  does not impose upon persons, not otherwise legally responsible 
 19.35  for providing a child with necessary food, clothing, shelter, 
 19.36  education, or medical care, a duty to provide that care; 
 20.1      (6) prenatal exposure to a controlled substance, as defined 
 20.2   in section 253B.02, subdivision 2, used by the mother for a 
 20.3   nonmedical purpose, as evidenced by withdrawal symptoms in the 
 20.4   child at birth, results of a toxicology test performed on the 
 20.5   mother at delivery or the child at birth, or medical effects or 
 20.6   developmental delays during the child's first year of life that 
 20.7   medically indicate prenatal exposure to a controlled substance; 
 20.8      (7) "medical neglect" as defined in section 260C.007, 
 20.9   subdivision 4, clause (5); 
 20.10     (8) chronic and severe use of alcohol or a controlled 
 20.11  substance by a parent or person responsible for the care of the 
 20.12  child that adversely affects the child's basic needs and safety; 
 20.13  or 
 20.14     (9) emotional harm from a pattern of behavior which 
 20.15  contributes to impaired emotional functioning of the child which 
 20.16  may be demonstrated by a substantial and observable effect in 
 20.17  the child's behavior, emotional response, or cognition that is 
 20.18  not within the normal range for the child's age and stage of 
 20.19  development, with due regard to the child's culture. 
 20.20     (d) "Physical abuse" means any physical injury, mental 
 20.21  injury, or threatened injury, inflicted by a person responsible 
 20.22  for the child's care on a child other than by accidental means, 
 20.23  or any physical or mental injury that cannot reasonably be 
 20.24  explained by the child's history of injuries, or any aversive 
 20.25  and or deprivation procedures, or regulated interventions, that 
 20.26  have not been authorized under section 121A.67 or 245.825.  
 20.27  Abuse does not include reasonable and moderate physical 
 20.28  discipline of a child administered by a parent or legal guardian 
 20.29  which does not result in an injury.  Abuse does not include 
 20.30  reasonable force used by a teacher, principal, or school 
 20.31  employee as allowed by section 121A.582.  Actions which are not 
 20.32  reasonable and moderate include, but are not limited to, any of 
 20.33  the following that are done in anger or without regard to the 
 20.34  safety of the child: 
 20.35     (1) throwing, kicking, burning, biting, or cutting a child; 
 20.36     (2) striking a child with a closed fist; 
 21.1      (3) shaking a child under age three; 
 21.2      (4) striking or other actions which result in any 
 21.3   nonaccidental injury to a child under 18 months of age; 
 21.4      (5) unreasonable interference with a child's breathing; 
 21.5      (6) threatening a child with a weapon, as defined in 
 21.6   section 609.02, subdivision 6; 
 21.7      (7) striking a child under age one on the face or head; 
 21.8      (8) purposely giving a child poison, alcohol, or dangerous, 
 21.9   harmful, or controlled substances which were not prescribed for 
 21.10  the child by a practitioner, in order to control or punish the 
 21.11  child; or other substances that substantially affect the child's 
 21.12  behavior, motor coordination, or judgment or that results in 
 21.13  sickness or internal injury, or subjects the child to medical 
 21.14  procedures that would be unnecessary if the child were not 
 21.15  exposed to the substances; or 
 21.16     (9) unreasonable physical confinement or restraint not 
 21.17  permitted under section 609.379, including but not limited to 
 21.18  tying, caging, or chaining; or 
 21.19     (10) in a school facility or school zone, an act by a 
 21.20  person responsible for the child's care that is a violation 
 21.21  under section 121A.58. 
 21.22     (e) "Report" means any report received by the local welfare 
 21.23  agency, police department, or county sheriff, or agency 
 21.24  responsible for assessing or investigating maltreatment pursuant 
 21.25  to this section. 
 21.26     (f) "Facility" means a licensed or unlicensed day care 
 21.27  facility, residential facility, agency, hospital, sanitarium, or 
 21.28  other facility or institution required to be licensed under 
 21.29  sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or 
 21.30  chapter 245B; or a school as defined in sections 120A.05, 
 21.31  subdivisions 9, 11, and 13; and 124D.10; or a nonlicensed 
 21.32  personal care provider organization as defined in sections 
 21.33  256B.04, subdivision 16, and 256B.0625, subdivision 19a. 
 21.34     (g) "Operator" means an operator or agency as defined in 
 21.35  section 245A.02.  
 21.36     (h) "Commissioner" means the commissioner of human services.
 22.1      (i) "Assessment" includes authority to interview the child, 
 22.2   the person or persons responsible for the child's care, the 
 22.3   alleged perpetrator, and any other person with knowledge of the 
 22.4   abuse or neglect for the purpose of gathering the facts, 
 22.5   assessing the risk to the child, and formulating a plan.  
 22.6      (j) "Practice of social services," for the purposes of 
 22.7   subdivision 3, includes but is not limited to employee 
 22.8   assistance counseling and the provision of guardian ad litem and 
 22.9   parenting time expeditor services.  
 22.10     (k) "Mental injury" means an injury to the psychological 
 22.11  capacity or emotional stability of a child as evidenced by an 
 22.12  observable or substantial impairment in the child's ability to 
 22.13  function within a normal range of performance and behavior with 
 22.14  due regard to the child's culture. 
 22.15     (l) "Threatened injury" means a statement, overt act, 
 22.16  condition, or status that represents a substantial risk of 
 22.17  physical or sexual abuse or mental injury. 
 22.18     (m) Persons who conduct assessments or investigations under 
 22.19  this section shall take into account accepted child-rearing 
 22.20  practices of the culture in which a child participates and 
 22.21  accepted teacher discipline practices, which are not injurious 
 22.22  to the child's health, welfare, and safety. 
 22.23     Sec. 18.  Minnesota Statutes 2000, section 626.556, 
 22.24  subdivision 3, is amended to read: 
 22.25     Subd. 3.  [PERSONS MANDATED TO REPORT.] (a) A person who 
 22.26  knows or has reason to believe a child is being neglected or 
 22.27  physically or sexually abused, as defined in subdivision 2, or 
 22.28  has been neglected or physically or sexually abused within the 
 22.29  preceding three years, shall immediately report the information 
 22.30  to the local welfare agency, agency responsible for assessing or 
 22.31  investigating the report, police department, or the county 
 22.32  sheriff if the person is:  
 22.33     (1) a professional or professional's delegate who is 
 22.34  engaged in the practice of the healing arts, social services, 
 22.35  hospital administration, psychological or psychiatric treatment, 
 22.36  child care, education, or law enforcement; or 
 23.1      (2) employed as a member of the clergy and received the 
 23.2   information while engaged in ministerial duties, provided that a 
 23.3   member of the clergy is not required by this subdivision to 
 23.4   report information that is otherwise privileged under section 
 23.5   595.02, subdivision 1, paragraph (c).  
 23.6      The police department or the county sheriff, upon receiving 
 23.7   a report, shall immediately notify the local welfare agency or 
 23.8   agency responsible for assessing or investigating the report, 
 23.9   orally and in writing.  The local welfare agency, or agency 
 23.10  responsible for assessing or investigating the report, upon 
 23.11  receiving a report, shall immediately notify the local police 
 23.12  department or the county sheriff orally and in writing.  The 
 23.13  county sheriff and the head of every local welfare agency, 
 23.14  agency responsible for assessing or investigating reports, and 
 23.15  police department shall each designate a person within their 
 23.16  agency, department, or office who is responsible for ensuring 
 23.17  that the notification duties of this paragraph and paragraph (b) 
 23.18  are carried out.  Nothing in this subdivision shall be construed 
 23.19  to require more than one report from any institution, facility, 
 23.20  school, or agency. 
 23.21     (b) Any person may voluntarily report to the local welfare 
 23.22  agency, agency responsible for assessing or investigating the 
 23.23  report, police department, or the county sheriff if the person 
 23.24  knows, has reason to believe, or suspects a child is being or 
 23.25  has been neglected or subjected to physical or sexual abuse.  
 23.26  The police department or the county sheriff, upon receiving a 
 23.27  report, shall immediately notify the local welfare agency or 
 23.28  agency responsible for assessing or investigating the report, 
 23.29  orally and in writing.  The local welfare agency or agency 
 23.30  responsible for assessing or investigating the report, upon 
 23.31  receiving a report, shall immediately notify the local police 
 23.32  department or the county sheriff orally and in writing. 
 23.33     (c) A person mandated to report physical or sexual child 
 23.34  abuse or neglect occurring within a licensed facility shall 
 23.35  report the information to the agency responsible for licensing 
 23.36  the facility under sections 144.50 to 144.58;, 241.021;, 245A.01 
 24.1   to 245A.16;, or chapter 245B, or a school as defined in sections 
 24.2   120A.05, subdivisions 9, 11, and 13; and 124D.10; or a 
 24.3   nonlicensed personal care provider organization as defined in 
 24.4   sections 256B.04, subdivision 16; and 256B.0625, subdivision 
 24.5   19.  A health or corrections agency receiving a report may 
 24.6   request the local welfare agency to provide assistance pursuant 
 24.7   to subdivisions 10, 10a, and 10b.  A board or other entity whose 
 24.8   licensees perform work within a school facility, upon receiving 
 24.9   a complaint that indicates maltreatment, shall provide 
 24.10  information about the circumstances of the alleged maltreatment 
 24.11  to the commissioner of children, families, and learning.  
 24.12  Section 13.03, subdivision 4, applies to data received by the 
 24.13  commissioner of children, families, and learning from a 
 24.14  licensing entity.  
 24.15     (d) Any person mandated to report shall receive a summary 
 24.16  of the disposition of any report made by that reporter, 
 24.17  including whether the case has been opened for child protection 
 24.18  or other services, or if a referral has been made to a community 
 24.19  organization, unless release would be detrimental to the best 
 24.20  interests of the child.  Any person who is not mandated to 
 24.21  report shall, upon request to the local welfare agency, receive 
 24.22  a concise summary of the disposition of any report made by that 
 24.23  reporter, unless release would be detrimental to the best 
 24.24  interests of the child. 
 24.25     (e) For purposes of this subdivision, "immediately" means 
 24.26  as soon as possible but in no event longer than 24 hours. 
 24.27     Sec. 19.  Minnesota Statutes 2000, section 626.556, 
 24.28  subdivision 4, is amended to read: 
 24.29     Subd. 4.  [IMMUNITY FROM LIABILITY.] (a) The following 
 24.30  persons are immune from any civil or criminal liability that 
 24.31  otherwise might result from their actions, if they are acting in 
 24.32  good faith: 
 24.33     (1) any person making a voluntary or mandated report under 
 24.34  subdivision 3 or under section 626.5561 or assisting in an 
 24.35  assessment under this section or under section 626.5561; 
 24.36     (2) any person with responsibility for performing duties 
 25.1   under this section or supervisor employed by a local welfare 
 25.2   agency, the commissioner of an agency responsible for operating 
 25.3   or supervising a licensed or unlicensed day care facility, 
 25.4   residential facility, agency, hospital, sanitarium, or other 
 25.5   facility or institution required to be licensed under sections 
 25.6   144.50 to 144.58; 241.021; 245A.01 to 245A.16; or 245B, or a 
 25.7   school as defined in sections 120A.05, subdivisions 9, 11, and 
 25.8   13; and 124D.10; or a nonlicensed personal care provider 
 25.9   organization as defined in sections 256B.04, subdivision 16; and 
 25.10  256B.0625, subdivision 19a, complying with subdivision 10d; and 
 25.11     (3) any public or private school, facility as defined in 
 25.12  subdivision 2, or the employee of any public or private school 
 25.13  or facility who permits access by a local welfare agency, the 
 25.14  department of children, families, and learning, or a local law 
 25.15  enforcement agency and assists in an investigation or assessment 
 25.16  pursuant to subdivision 10 or under section 626.5561. 
 25.17     (b) A person who is a supervisor or person with 
 25.18  responsibility for performing duties under this section employed 
 25.19  by a local welfare agency, the commissioner of human services, 
 25.20  or the commissioner of children, families, and learning 
 25.21  complying with subdivisions 10 and 11 or section 626.5561 or any 
 25.22  related rule or provision of law is immune from any civil or 
 25.23  criminal liability that might otherwise result from the person's 
 25.24  actions, if the person is (1) acting in good faith and 
 25.25  exercising due care, or (2) acting in good faith and following 
 25.26  the information collection procedures established under 
 25.27  subdivision 10, paragraphs (h), (i), and (j). 
 25.28     (c) This subdivision does not provide immunity to any 
 25.29  person for failure to make a required report or for committing 
 25.30  neglect, physical abuse, or sexual abuse of a child. 
 25.31     (d) If a person who makes a voluntary or mandatory report 
 25.32  under subdivision 3 prevails in a civil action from which the 
 25.33  person has been granted immunity under this subdivision, the 
 25.34  court may award the person attorney fees and costs. 
 25.35     Sec. 20.  Minnesota Statutes 2000, section 626.556, 
 25.36  subdivision 7, is amended to read: 
 26.1      Subd. 7.  [REPORT.] An oral report shall be made 
 26.2   immediately by telephone or otherwise.  An oral report made by a 
 26.3   person required under subdivision 3 to report shall be followed 
 26.4   within 72 hours, exclusive of weekends and holidays, by a report 
 26.5   in writing to the appropriate police department, the county 
 26.6   sheriff, the agency responsible for assessing or investigating 
 26.7   the report, or the local welfare agency, unless the appropriate 
 26.8   agency has informed the reporter that the oral information does 
 26.9   not constitute a report under subdivision 10.  Any report shall 
 26.10  be of sufficient content to identify the child, any person 
 26.11  believed to be responsible for the abuse or neglect of the child 
 26.12  if the person is known, the nature and extent of the abuse or 
 26.13  neglect and the name and address of the reporter.  If requested, 
 26.14  the local welfare agency or the agency responsible for assessing 
 26.15  or investigating the report shall inform the reporter within ten 
 26.16  days after the report is made, either orally or in writing, 
 26.17  whether the report was accepted for assessment or investigation. 
 26.18  Written reports received by a police department or the county 
 26.19  sheriff shall be forwarded immediately to the local welfare 
 26.20  agency or the agency responsible for assessing or investigating 
 26.21  the report.  The police department or the county sheriff may 
 26.22  keep copies of reports received by them.  Copies of written 
 26.23  reports received by a local welfare department or the agency 
 26.24  responsible for assessing or investigating the report shall be 
 26.25  forwarded immediately to the local police department or the 
 26.26  county sheriff. 
 26.27     A written copy of a report maintained by personnel of 
 26.28  agencies, other than welfare or law enforcement agencies, which 
 26.29  are subject to chapter 13 shall be confidential.  An individual 
 26.30  subject of the report may obtain access to the original report 
 26.31  as provided by subdivision 11. 
 26.32     Sec. 21.  Minnesota Statutes 2000, section 626.556, 
 26.33  subdivision 10, is amended to read: 
 26.34     Subd. 10.  [DUTIES OF LOCAL WELFARE AGENCY AND LOCAL LAW 
 26.35  ENFORCEMENT AGENCY UPON RECEIPT OF A REPORT.] (a) If the report 
 26.36  alleges neglect, physical abuse, or sexual abuse by a parent, 
 27.1   guardian, or individual functioning within the family unit as a 
 27.2   person responsible for the child's care, the local welfare 
 27.3   agency shall immediately conduct an assessment including 
 27.4   gathering information on the existence of substance abuse and 
 27.5   offer protective social services for purposes of preventing 
 27.6   further abuses, safeguarding and enhancing the welfare of the 
 27.7   abused or neglected minor, and preserving family life whenever 
 27.8   possible.  If the report alleges a violation of a criminal 
 27.9   statute involving sexual abuse, physical abuse, or neglect or 
 27.10  endangerment, under section 609.378, the local law enforcement 
 27.11  agency and local welfare agency shall coordinate the planning 
 27.12  and execution of their respective investigation and assessment 
 27.13  efforts to avoid a duplication of fact-finding efforts and 
 27.14  multiple interviews.  Each agency shall prepare a separate 
 27.15  report of the results of its investigation.  In cases of alleged 
 27.16  child maltreatment resulting in death, the local agency may rely 
 27.17  on the fact-finding efforts of a law enforcement investigation 
 27.18  to make a determination of whether or not maltreatment 
 27.19  occurred.  When necessary the local welfare agency shall seek 
 27.20  authority to remove the child from the custody of a parent, 
 27.21  guardian, or adult with whom the child is living.  In performing 
 27.22  any of these duties, the local welfare agency shall maintain 
 27.23  appropriate records.  
 27.24     If the assessment indicates there is a potential for abuse 
 27.25  of alcohol or other drugs by the parent, guardian, or person 
 27.26  responsible for the child's care, the local welfare agency shall 
 27.27  conduct a chemical use assessment pursuant to Minnesota Rules, 
 27.28  part 9530.6615.  The local welfare agency shall report the 
 27.29  determination of the chemical use assessment, and the 
 27.30  recommendations and referrals for alcohol and other drug 
 27.31  treatment services to the state authority on alcohol and drug 
 27.32  abuse. 
 27.33     (b) When a local agency receives a report or otherwise has 
 27.34  information indicating that a child who is a client, as defined 
 27.35  in section 245.91, has been the subject of physical abuse, 
 27.36  sexual abuse, or neglect at an agency, facility, or program as 
 28.1   defined in section 245.91, it shall, in addition to its other 
 28.2   duties under this section, immediately inform the ombudsman 
 28.3   established under sections 245.91 to 245.97.  The commissioner 
 28.4   of children, families, and learning shall inform the ombudsman 
 28.5   established under sections 245.91 to 245.97 of reports regarding 
 28.6   a child defined as a client in section 245.91 that maltreatment 
 28.7   occurred at a school as defined in sections 120A.05, 
 28.8   subdivisions 9, 11, and 13, and 124D.10. 
 28.9      (c) Authority of the local welfare agency responsible for 
 28.10  assessing the child abuse or neglect report, the agency 
 28.11  responsible for assessing or investigating the report, and of 
 28.12  the local law enforcement agency for investigating the alleged 
 28.13  abuse or neglect includes, but is not limited to, authority to 
 28.14  interview, without parental consent, the alleged victim and any 
 28.15  other minors who currently reside with or who have resided with 
 28.16  the alleged offender.  The interview may take place at school or 
 28.17  at any facility or other place where the alleged victim or other 
 28.18  minors might be found or the child may be transported to, and 
 28.19  the interview conducted at, a place appropriate for the 
 28.20  interview of a child designated by the local welfare agency or 
 28.21  law enforcement agency.  The interview may take place outside 
 28.22  the presence of the alleged offender or parent, legal custodian, 
 28.23  guardian, or school official.  Except as provided in this 
 28.24  paragraph, the parent, legal custodian, or guardian shall be 
 28.25  notified by the responsible local welfare or law enforcement 
 28.26  agency no later than the conclusion of the investigation or 
 28.27  assessment that this interview has occurred.  Notwithstanding 
 28.28  rule 49.02 of the Minnesota rules of procedure for juvenile 
 28.29  courts, the juvenile court may, after hearing on an ex parte 
 28.30  motion by the local welfare agency, order that, where reasonable 
 28.31  cause exists, the agency withhold notification of this interview 
 28.32  from the parent, legal custodian, or guardian.  If the interview 
 28.33  took place or is to take place on school property, the order 
 28.34  shall specify that school officials may not disclose to the 
 28.35  parent, legal custodian, or guardian the contents of the 
 28.36  notification of intent to interview the child on school 
 29.1   property, as provided under this paragraph, and any other 
 29.2   related information regarding the interview that may be a part 
 29.3   of the child's school record.  A copy of the order shall be sent 
 29.4   by the local welfare or law enforcement agency to the 
 29.5   appropriate school official. 
 29.6      (d) When the local welfare or, local law enforcement 
 29.7   agency, or the agency responsible for assessing or investigating 
 29.8   a report of maltreatment determines that an interview should 
 29.9   take place on school property, written notification of intent to 
 29.10  interview the child on school property must be received by 
 29.11  school officials prior to the interview.  The notification shall 
 29.12  include the name of the child to be interviewed, the purpose of 
 29.13  the interview, and a reference to the statutory authority to 
 29.14  conduct an interview on school property.  For interviews 
 29.15  conducted by the local welfare agency, the notification shall be 
 29.16  signed by the chair of the local social services agency or the 
 29.17  chair's designee.  The notification shall be private data on 
 29.18  individuals subject to the provisions of this paragraph.  School 
 29.19  officials may not disclose to the parent, legal custodian, or 
 29.20  guardian the contents of the notification or any other related 
 29.21  information regarding the interview until notified in writing by 
 29.22  the local welfare or law enforcement agency that the 
 29.23  investigation or assessment has been concluded, unless a school 
 29.24  employee or agent is alleged to have maltreated the child.  
 29.25  Until that time, the local welfare or law enforcement agency or 
 29.26  the agency responsible for assessing or investigating a report 
 29.27  of maltreatment shall be solely responsible for any disclosures 
 29.28  regarding the nature of the assessment or investigation.  
 29.29     Except where the alleged offender is believed to be a 
 29.30  school official or employee, the time and place, and manner of 
 29.31  the interview on school premises shall be within the discretion 
 29.32  of school officials, but the local welfare or law enforcement 
 29.33  agency shall have the exclusive authority to determine who may 
 29.34  attend the interview.  The conditions as to time, place, and 
 29.35  manner of the interview set by the school officials shall be 
 29.36  reasonable and the interview shall be conducted not more than 24 
 30.1   hours after the receipt of the notification unless another time 
 30.2   is considered necessary by agreement between the school 
 30.3   officials and the local welfare or law enforcement agency.  
 30.4   Where the school fails to comply with the provisions of this 
 30.5   paragraph, the juvenile court may order the school to comply.  
 30.6   Every effort must be made to reduce the disruption of the 
 30.7   educational program of the child, other students, or school 
 30.8   staff when an interview is conducted on school premises.  
 30.9      (e) Where the alleged offender or a person responsible for 
 30.10  the care of the alleged victim or other minor prevents access to 
 30.11  the victim or other minor by the local welfare agency, the 
 30.12  juvenile court may order the parents, legal custodian, or 
 30.13  guardian to produce the alleged victim or other minor for 
 30.14  questioning by the local welfare agency or the local law 
 30.15  enforcement agency outside the presence of the alleged offender 
 30.16  or any person responsible for the child's care at reasonable 
 30.17  places and times as specified by court order.  
 30.18     (f) Before making an order under paragraph (e), the court 
 30.19  shall issue an order to show cause, either upon its own motion 
 30.20  or upon a verified petition, specifying the basis for the 
 30.21  requested interviews and fixing the time and place of the 
 30.22  hearing.  The order to show cause shall be served personally and 
 30.23  shall be heard in the same manner as provided in other cases in 
 30.24  the juvenile court.  The court shall consider the need for 
 30.25  appointment of a guardian ad litem to protect the best interests 
 30.26  of the child.  If appointed, the guardian ad litem shall be 
 30.27  present at the hearing on the order to show cause.  
 30.28     (g) The commissioner of human services, the ombudsman for 
 30.29  mental health and mental retardation, the local welfare agencies 
 30.30  responsible for investigating reports, the commissioner of 
 30.31  children, families, and learning, and the local law enforcement 
 30.32  agencies have the right to enter facilities as defined in 
 30.33  subdivision 2 and to inspect and copy the facility's records, 
 30.34  including medical records, as part of the investigation.  
 30.35  Notwithstanding the provisions of chapter 13, they also have the 
 30.36  right to inform the facility under investigation that they are 
 31.1   conducting an investigation, to disclose to the facility the 
 31.2   names of the individuals under investigation for abusing or 
 31.3   neglecting a child, and to provide the facility with a copy of 
 31.4   the report and the investigative findings. 
 31.5      (h) The local welfare agency or the agency responsible for 
 31.6   assessing or investigating the report shall collect available 
 31.7   and relevant information to ascertain whether maltreatment 
 31.8   occurred and whether protective services are needed.  
 31.9   Information collected includes, when relevant, information with 
 31.10  regard to the person reporting the alleged maltreatment, 
 31.11  including the nature of the reporter's relationship to the child 
 31.12  and to the alleged offender, and the basis of the reporter's 
 31.13  knowledge for the report; the child allegedly being maltreated; 
 31.14  the alleged offender; the child's caretaker; and other 
 31.15  collateral sources having relevant information related to the 
 31.16  alleged maltreatment.  The local welfare agency or the agency 
 31.17  responsible for assessing or investigating the report may make a 
 31.18  determination of no maltreatment early in an assessment, and 
 31.19  close the case and retain immunity, if the collected information 
 31.20  shows no basis for a full assessment or investigation. 
 31.21     Information relevant to the assessment or investigation 
 31.22  must be asked for, and may include: 
 31.23     (1) the child's sex and age, prior reports of maltreatment, 
 31.24  information relating to developmental functioning, credibility 
 31.25  of the child's statement, and whether the information provided 
 31.26  under this clause is consistent with other information collected 
 31.27  during the course of the assessment or investigation; 
 31.28     (2) the alleged offender's age, a record check for prior 
 31.29  reports of maltreatment, and criminal charges and convictions.  
 31.30  The local welfare agency or the agency responsible for assessing 
 31.31  or investigating the report must provide the alleged offender 
 31.32  with an opportunity to make a statement.  The alleged offender 
 31.33  may submit supporting documentation relevant to the assessment 
 31.34  or investigation; 
 31.35     (3) collateral source information regarding the alleged 
 31.36  maltreatment and care of the child.  Collateral information 
 32.1   includes, when relevant:  (i) a medical examination of the 
 32.2   child; (ii) prior medical records relating to the alleged 
 32.3   maltreatment or the care of the child and an interview with the 
 32.4   treating professionals; and (iii) interviews with the child's 
 32.5   caretakers, including the child's parent, guardian, foster 
 32.6   parent, child care provider, teachers, counselors, family 
 32.7   members, relatives, and other persons who may have knowledge 
 32.8   regarding the alleged maltreatment and the care of the child; 
 32.9   and 
 32.10     (4) information on the existence of domestic abuse and 
 32.11  violence in the home of the child, and substance abuse. 
 32.12     Nothing in this paragraph precludes the local welfare 
 32.13  agency, the local law enforcement agency, or the agency 
 32.14  responsible for assessing or investigating the report from 
 32.15  collecting other relevant information necessary to conduct the 
 32.16  assessment or investigation.  Notwithstanding the data's 
 32.17  classification in the possession of any other agency, data 
 32.18  acquired by the local welfare agency or the agency responsible 
 32.19  for assessing or investigating the report during the course of 
 32.20  the assessment or investigation are private data on individuals 
 32.21  and must be maintained in accordance with subdivision 11.  Data 
 32.22  of the commissioner of children, families, and learning 
 32.23  collected or maintained during and for the purpose of an 
 32.24  investigation of alleged maltreatment in a school are governed 
 32.25  by this section, notwithstanding the data's classification as 
 32.26  educational, licensing, or personnel data under chapter 13. 
 32.27     In conducting an assessment or investigation involving a 
 32.28  school facility as defined in subdivision 2, paragraph (f), the 
 32.29  commissioner of children, families, and learning shall collect 
 32.30  investigative reports and data which are relevant to a report of 
 32.31  maltreatment from local law enforcement and the school facility. 
 32.32     (i) In the initial stages of an assessment or 
 32.33  investigation, the local welfare agency shall conduct a 
 32.34  face-to-face observation of the child reported to be maltreated 
 32.35  and a face-to-face interview of the alleged offender.  The 
 32.36  interview with the alleged offender may be postponed if it would 
 33.1   jeopardize an active law enforcement investigation. 
 33.2      (j) The local welfare agency shall use a question and 
 33.3   answer interviewing format with questioning as nondirective as 
 33.4   possible to elicit spontaneous responses.  The following 
 33.5   interviewing methods and procedures must be used whenever 
 33.6   possible when collecting information: 
 33.7      (1) audio recordings of all interviews with witnesses and 
 33.8   collateral sources; and 
 33.9      (2) in cases of alleged sexual abuse, audio-video 
 33.10  recordings of each interview with the alleged victim and child 
 33.11  witnesses.  
 33.12     (k) In conducting an assessment or investigation involving 
 33.13  a school facility as defined in subdivision 2, paragraph (f), 
 33.14  the commissioner of children, families, and learning shall 
 33.15  collect available and relevant information and use the 
 33.16  procedures in paragraphs (h), (i), and (j), provided that the 
 33.17  commissioner may also base the assessment or investigation on 
 33.18  investigative reports and data received from the school facility 
 33.19  and local law enforcement, to the extent those investigations 
 33.20  satisfy the requirements of paragraphs (h), (i), and (j). 
 33.21     Sec. 22.  Minnesota Statutes 2000, section 626.556, 
 33.22  subdivision 10b, is amended to read: 
 33.23     Subd. 10b.  [DUTIES OF COMMISSIONER; NEGLECT OR ABUSE IN 
 33.24  FACILITY.] (a) This section applies to the commissioners of 
 33.25  human services, health, and children, families, and learning.  
 33.26  The commissioner of the agency responsible for assessing or 
 33.27  investigating the report shall immediately assess or investigate 
 33.28  if the report alleges that: 
 33.29     (1) a child who is in the care of a facility as defined in 
 33.30  subdivision 2 is neglected, physically abused, or sexually 
 33.31  abused by an individual in that facility, or has been so 
 33.32  neglected or abused by an individual in that facility within the 
 33.33  three years preceding the report; or 
 33.34     (2) a child was neglected, physically abused, or sexually 
 33.35  abused by an individual in a facility defined in subdivision 2, 
 33.36  while in the care of that facility within the three years 
 34.1   preceding the report.  
 34.2      The commissioner of the agency responsible for assessing or 
 34.3   investigating the report shall arrange for the transmittal to 
 34.4   the commissioner of reports received by local agencies and may 
 34.5   delegate to a local welfare agency the duty to investigate 
 34.6   reports.  In conducting an investigation under this section, the 
 34.7   commissioner has the powers and duties specified for local 
 34.8   welfare agencies under this section.  The commissioner of the 
 34.9   agency responsible for assessing or investigating the report or 
 34.10  local welfare agency may interview any children who are or have 
 34.11  been in the care of a facility under investigation and their 
 34.12  parents, guardians, or legal custodians. 
 34.13     (b) Prior to any interview, the commissioner of the agency 
 34.14  responsible for assessing or investigating the report or local 
 34.15  welfare agency shall notify the parent, guardian, or legal 
 34.16  custodian of a child who will be interviewed in the manner 
 34.17  provided for in subdivision 10d, paragraph (a).  If reasonable 
 34.18  efforts to reach the parent, guardian, or legal custodian of a 
 34.19  child in an out-of-home placement have failed, the child may be 
 34.20  interviewed if there is reason to believe the interview is 
 34.21  necessary to protect the child or other children in the 
 34.22  facility.  The commissioner of the agency responsible for 
 34.23  assessing or investigating the report or local agency must 
 34.24  provide the information required in this subdivision to the 
 34.25  parent, guardian, or legal custodian of a child interviewed 
 34.26  without parental notification as soon as possible after the 
 34.27  interview.  When the investigation is completed, any parent, 
 34.28  guardian, or legal custodian notified under this subdivision 
 34.29  shall receive the written memorandum provided for in subdivision 
 34.30  10d, paragraph (c). 
 34.31     (c) In conducting investigations under this subdivision the 
 34.32  commissioner or local welfare agency shall obtain access to 
 34.33  information consistent with subdivision 10, paragraphs (h), (i), 
 34.34  and (j).  In conducting assessments or investigations under this 
 34.35  subdivision, the commissioner of children, families, and 
 34.36  learning shall obtain access to reports and investigative data 
 35.1   which are relevant to a report of maltreatment in the possession 
 35.2   of a school facility as defined in subdivision 2, paragraph (f), 
 35.3   notwithstanding the classification of the data as educational or 
 35.4   personnel data under chapter 13.  This includes, but is not 
 35.5   limited to, school investigative reports, information concerning 
 35.6   the conduct of school personnel alleged to have committed 
 35.7   maltreatment of students, information about witnesses, and any 
 35.8   protective or corrective action taken by the school facility 
 35.9   regarding the school personnel alleged to have committed 
 35.10  maltreatment. 
 35.11     (d) Except for foster care and family child care, the 
 35.12  commissioner has the primary responsibility for the 
 35.13  investigations and notifications required under subdivisions 10d 
 35.14  and 10f for reports that allege maltreatment related to the care 
 35.15  provided by or in facilities licensed by the commissioner.  The 
 35.16  commissioner may request assistance from the local social 
 35.17  services agency. 
 35.18     Sec. 23.  Minnesota Statutes 2000, section 626.556, 
 35.19  subdivision 10d, is amended to read: 
 35.20     Subd. 10d.  [NOTIFICATION OF NEGLECT OR ABUSE IN FACILITY.] 
 35.21  (a) When a report is received that alleges neglect, physical 
 35.22  abuse, or sexual abuse of a child while in the care of a 
 35.23  licensed or unlicensed day care facility, residential facility, 
 35.24  agency, hospital, sanitarium, or other facility or institution 
 35.25  required to be licensed according to sections 144.50 to 144.58; 
 35.26  241.021; or 245A.01 to 245A.16; or chapter 245B, or a school as 
 35.27  defined in sections 120A.05, subdivisions 9, 11, and 13; and 
 35.28  124D.10; or a nonlicensed personal care provider organization as 
 35.29  defined in section 256B.04, subdivision 16, and 256B.0625, 
 35.30  subdivision 19a, the commissioner of the agency responsible for 
 35.31  assessing or investigating the report or local welfare agency 
 35.32  investigating the report shall provide the following information 
 35.33  to the parent, guardian, or legal custodian of a child alleged 
 35.34  to have been neglected, physically abused, or sexually abused:  
 35.35  the name of the facility; the fact that a report alleging 
 35.36  neglect, physical abuse, or sexual abuse of a child in the 
 36.1   facility has been received; the nature of the alleged neglect, 
 36.2   physical abuse, or sexual abuse; that the agency is conducting 
 36.3   an assessment or investigation; any protective or corrective 
 36.4   measures being taken pending the outcome of the investigation; 
 36.5   and that a written memorandum will be provided when the 
 36.6   investigation is completed. 
 36.7      (b) The commissioner of the agency responsible for 
 36.8   assessing or investigating the report or local welfare agency 
 36.9   may also provide the information in paragraph (a) to the parent, 
 36.10  guardian, or legal custodian of any other child in the facility 
 36.11  if the investigative agency knows or has reason to believe the 
 36.12  alleged neglect, physical abuse, or sexual abuse has occurred. 
 36.13  In determining whether to exercise this authority, the 
 36.14  commissioner of the agency responsible for assessing or 
 36.15  investigating the report or local welfare agency shall consider 
 36.16  the seriousness of the alleged neglect, physical abuse, or 
 36.17  sexual abuse; the number of children allegedly neglected, 
 36.18  physically abused, or sexually abused; the number of alleged 
 36.19  perpetrators; and the length of the investigation.  The facility 
 36.20  shall be notified whenever this discretion is exercised. 
 36.21     (c) When the commissioner of the agency responsible for 
 36.22  assessing or investigating the report or local welfare agency 
 36.23  has completed its investigation, every parent, guardian, or 
 36.24  legal custodian previously notified of the investigation by the 
 36.25  commissioner or local welfare agency shall be provided with the 
 36.26  following information in a written memorandum:  the name of the 
 36.27  facility investigated; the nature of the alleged neglect, 
 36.28  physical abuse, or sexual abuse; the investigator's name; a 
 36.29  summary of the investigation findings; a statement whether 
 36.30  maltreatment was found; and the protective or corrective 
 36.31  measures that are being or will be taken. The memorandum shall 
 36.32  be written in a manner that protects the identity of the 
 36.33  reporter and the child and shall not contain the name, or to the 
 36.34  extent possible, reveal the identity of the alleged perpetrator 
 36.35  or of those interviewed during the investigation.  The 
 36.36  commissioner or local welfare agency shall also provide the 
 37.1   written memorandum to the parent, guardian, or legal custodian 
 37.2   of each child in the facility if maltreatment is determined to 
 37.3   exist.  In the case of maltreatment within a school facility, as 
 37.4   defined in sections 120A.05, subdivisions 9, 11, and 13, and 
 37.5   124D.10, the commissioner of children, families, and learning 
 37.6   need not provide notification to parents, guardians, or legal 
 37.7   custodians of each child in the facility, but may provide 
 37.8   notification to the parent, guardian, or legal custodian of any 
 37.9   student alleged to have been maltreated or involved as a witness 
 37.10  to alleged maltreatment. 
 37.11     Sec. 24.  Minnesota Statutes 2000, section 626.556, 
 37.12  subdivision 10e, is amended to read: 
 37.13     Subd. 10e.  [DETERMINATIONS.] Upon the conclusion of every 
 37.14  assessment or investigation it conducts, the local welfare 
 37.15  agency shall make two determinations:  first, whether 
 37.16  maltreatment has occurred; and second, whether child protective 
 37.17  services are needed.  Upon the conclusion of an assessment or 
 37.18  investigation by the commissioner of children, families, and 
 37.19  learning, the commissioner shall determine whether maltreatment 
 37.20  occurred and what corrective or protective action was taken by 
 37.21  the school facility.  If a determination is made that 
 37.22  maltreatment has occurred, the commissioner shall report to the 
 37.23  employer, the school board, and any appropriate licensing entity 
 37.24  the determination that maltreatment occurred and what corrective 
 37.25  or protective action was taken by the school facility.  When 
 37.26  maltreatment is determined in an investigation involving a 
 37.27  facility, the investigating agency shall also determine whether 
 37.28  the facility or individual was responsible, or whether both the 
 37.29  facility and the individual were responsible for the 
 37.30  maltreatment using the mitigating factors in paragraph (d).  
 37.31  Determinations under this subdivision must be made based on a 
 37.32  preponderance of the evidence and are private data on 
 37.33  individuals or nonpublic data as maintained by the commissioner 
 37.34  of children, families, and learning. 
 37.35     (a) For the purposes of this subdivision, "maltreatment" 
 37.36  means any of the following acts or omissions committed by a 
 38.1   person responsible for the child's care: 
 38.2      (1) physical abuse as defined in subdivision 2, paragraph 
 38.3   (d); 
 38.4      (2) neglect as defined in subdivision 2, paragraph (c); 
 38.5      (3) sexual abuse as defined in subdivision 2, paragraph 
 38.6   (a); or 
 38.7      (4) mental injury as defined in subdivision 2, paragraph 
 38.8   (k). 
 38.9      (b) For the purposes of this subdivision, a determination 
 38.10  that child protective services are needed means that the local 
 38.11  welfare agency has documented conditions during the assessment 
 38.12  or investigation sufficient to cause a child protection worker, 
 38.13  as defined in section 626.559, subdivision 1, to conclude that a 
 38.14  child is at significant risk of maltreatment if protective 
 38.15  intervention is not provided and that the individuals 
 38.16  responsible for the child's care have not taken or are not 
 38.17  likely to take actions to protect the child from maltreatment or 
 38.18  risk of maltreatment. 
 38.19     (c) This subdivision does not mean that maltreatment has 
 38.20  occurred solely because the child's parent, guardian, or other 
 38.21  person responsible for the child's care in good faith selects 
 38.22  and depends upon spiritual means or prayer for treatment or care 
 38.23  of disease or remedial care of the child, in lieu of medical 
 38.24  care.  However, if lack of medical care may result in serious 
 38.25  danger to the child's health, the local welfare agency may 
 38.26  ensure that necessary medical services are provided to the child.
 38.27     (d) When determining whether the facility or individual is 
 38.28  the responsible party for determined maltreatment in a facility, 
 38.29  the investigating agency shall consider at least the following 
 38.30  mitigating factors: 
 38.31     (1) whether the actions of the facility or the individual 
 38.32  caregivers were according to, and followed the terms of, an 
 38.33  erroneous physician order, prescription, individual care plan, 
 38.34  or directive; however, this is not a mitigating factor when the 
 38.35  facility or caregiver was responsible for the issuance of the 
 38.36  erroneous order, prescription, individual care plan, or 
 39.1   directive or knew or should have known of the errors and took no 
 39.2   reasonable measures to correct the defect before administering 
 39.3   care; 
 39.4      (2) comparative responsibility between the facility, other 
 39.5   caregivers, and requirements placed upon an employee, including 
 39.6   the facility's compliance with related regulatory standards and 
 39.7   the adequacy of facility policies and procedures, facility 
 39.8   training, an individual's participation in the training, the 
 39.9   caregiver's supervision, and facility staffing levels and the 
 39.10  scope of the individual employee's authority and discretion; and 
 39.11     (3) whether the facility or individual followed 
 39.12  professional standards in exercising professional judgment. 
 39.13     Individual counties may implement more detailed definitions 
 39.14  or criteria that indicate which allegations to investigate, as 
 39.15  long as a county's policies are consistent with the definitions 
 39.16  in the statutes and rules and are approved by the county board.  
 39.17  Each local welfare agency shall periodically inform mandated 
 39.18  reporters under subdivision 3 who work in the county of the 
 39.19  definitions of maltreatment in the statutes and rules and any 
 39.20  additional definitions or criteria that have been approved by 
 39.21  the county board. 
 39.22     Sec. 25.  Minnesota Statutes 2000, section 626.556, 
 39.23  subdivision 10i, is amended to read: 
 39.24     Subd. 10i.  [ADMINISTRATIVE RECONSIDERATION OF FINAL 
 39.25  DETERMINATION OF MALTREATMENT.] (a) An individual or facility 
 39.26  that the commissioner or of human services, a local social 
 39.27  service agency, or the commissioner of children, families, and 
 39.28  learning determines has maltreated a child, or the child's 
 39.29  designee, regardless of the determination, who contests the 
 39.30  investigating agency's final determination regarding 
 39.31  maltreatment, may request the investigating agency to reconsider 
 39.32  its final determination regarding maltreatment.  The request for 
 39.33  reconsideration must be submitted in writing to the 
 39.34  investigating agency within 15 calendar days after receipt of 
 39.35  notice of the final determination regarding maltreatment.  
 39.36     (b) If the investigating agency denies the request or fails 
 40.1   to act upon the request within 15 calendar days after receiving 
 40.2   the request for reconsideration, the person or facility entitled 
 40.3   to a fair hearing under section 256.045 may submit to the 
 40.4   commissioner of human services or the commissioner of children, 
 40.5   families, and learning a written request for a hearing under 
 40.6   that section.  Section 256.045 also governs hearings requested 
 40.7   to contest a final determination of the commissioner of 
 40.8   children, families, and learning. 
 40.9      (c) If, as a result of the reconsideration, the 
 40.10  investigating agency changes the final determination of 
 40.11  maltreatment, that agency shall notify the parties specified in 
 40.12  subdivisions 10b, 10d, and 10f. 
 40.13     (d) If an individual or facility contests the investigating 
 40.14  agency's final determination regarding maltreatment by 
 40.15  requesting a fair hearing under section 256.045, the 
 40.16  commissioner of human services shall assure that the hearing is 
 40.17  conducted and a decision is reached within 90 days of receipt of 
 40.18  the request for a hearing.  The time for action on the decision 
 40.19  may be extended for as many days as the hearing is postponed or 
 40.20  the record is held open for the benefit of either party. 
 40.21     Sec. 26.  Minnesota Statutes 2000, section 626.556, 
 40.22  subdivision 10j, is amended to read: 
 40.23     Subd. 10j.  [RELEASE OF DATA TO MANDATED REPORTERS.] A 
 40.24  local social services or child protection agency, or the agency 
 40.25  responsible for assessing or investigating the report of 
 40.26  maltreatment, may provide relevant private data on individuals 
 40.27  obtained under this section to mandated reporters who have an 
 40.28  ongoing responsibility for the health, education, or welfare of 
 40.29  a child affected by the data, in the best interests of the 
 40.30  child.  Mandated reporters with ongoing responsibility for the 
 40.31  health, education, or welfare of a child affected by the data 
 40.32  include the child's teachers or other appropriate school 
 40.33  personnel, foster parents, health care providers, respite care 
 40.34  workers, therapists, social workers, child care providers, 
 40.35  residential care staff, crisis nursery staff, probation 
 40.36  officers, and court services personnel.  Under this section, a 
 41.1   mandated reporter need not have made the report to be considered 
 41.2   a person with ongoing responsibility for the health, education, 
 41.3   or welfare of a child affected by the data.  Data provided under 
 41.4   this section must be limited to data pertinent to the 
 41.5   individual's responsibility for caring for the child. 
 41.6      Sec. 27.  Minnesota Statutes 2000, section 626.556, 
 41.7   subdivision 11, is amended to read: 
 41.8      Subd. 11.  [RECORDS.] (a) Except as provided in paragraph 
 41.9   (b) and subdivisions 10b, 10d, 10g, and 11b, all records 
 41.10  concerning individuals maintained by a local welfare agency or 
 41.11  agency responsible for assessing or investigating the report 
 41.12  under this section, including any written reports filed under 
 41.13  subdivision 7, shall be private data on individuals, except 
 41.14  insofar as copies of reports are required by subdivision 7 to be 
 41.15  sent to the local police department or the county sheriff.  All 
 41.16  records concerning determinations of maltreatment by a facility 
 41.17  are nonpublic data as maintained by the department of children, 
 41.18  families, and learning, except insofar as copies of reports are 
 41.19  required by subdivision 7 to be sent to the local police 
 41.20  department or the county sheriff.  Reports maintained by any 
 41.21  police department or the county sheriff shall be private data on 
 41.22  individuals except the reports shall be made available to the 
 41.23  investigating, petitioning, or prosecuting authority, including 
 41.24  county medical examiners or county coroners.  Section 13.82, 
 41.25  subdivisions 7, 5a, and 5b, apply to law enforcement data other 
 41.26  than the reports.  The local social services agency or agency 
 41.27  responsible for assessing or investigating the report shall make 
 41.28  available to the investigating, petitioning, or prosecuting 
 41.29  authority, including county medical examiners or county coroners 
 41.30  or their professional delegates, any records which contain 
 41.31  information relating to a specific incident of neglect or abuse 
 41.32  which is under investigation, petition, or prosecution and 
 41.33  information relating to any prior incidents of neglect or abuse 
 41.34  involving any of the same persons.  The records shall be 
 41.35  collected and maintained in accordance with the provisions of 
 41.36  chapter 13.  In conducting investigations and assessments 
 42.1   pursuant to this section, the notice required by section 13.04, 
 42.2   subdivision 2, need not be provided to a minor under the age of 
 42.3   ten who is the alleged victim of abuse or neglect.  An 
 42.4   individual subject of a record shall have access to the record 
 42.5   in accordance with those sections, except that the name of the 
 42.6   reporter shall be confidential while the report is under 
 42.7   assessment or investigation except as otherwise permitted by 
 42.8   this subdivision.  Any person conducting an investigation or 
 42.9   assessment under this section who intentionally discloses the 
 42.10  identity of a reporter prior to the completion of the 
 42.11  investigation or assessment is guilty of a misdemeanor.  After 
 42.12  the assessment or investigation is completed, the name of the 
 42.13  reporter shall be confidential.  The subject of the report may 
 42.14  compel disclosure of the name of the reporter only with the 
 42.15  consent of the reporter or upon a written finding by the court 
 42.16  that the report was false and that there is evidence that the 
 42.17  report was made in bad faith.  This subdivision does not alter 
 42.18  disclosure responsibilities or obligations under the rules of 
 42.19  criminal procedure. 
 42.20     (b) Upon request of the legislative auditor, data on 
 42.21  individuals maintained under this section must be released to 
 42.22  the legislative auditor in order for the auditor to fulfill the 
 42.23  auditor's duties under section 3.971.  The auditor shall 
 42.24  maintain the data in accordance with chapter 13.  
 42.25     (c) The commissioner of children, families, and learning 
 42.26  must be provided with all requested data which are relevant to a 
 42.27  report of maltreatment in possession of a school facility as 
 42.28  defined in subdivision 2, paragraph (f), when the data is 
 42.29  requested pursuant to an assessment or investigation of a 
 42.30  maltreatment report of a student in a school.  If the 
 42.31  commissioner of children, families, and learning makes a 
 42.32  determination of maltreatment involving an individual performing 
 42.33  work within a school facility who is licensed by a board or 
 42.34  other agency, the commissioner shall provide necessary and 
 42.35  relevant information to the licensing entity to enable the 
 42.36  entity to fulfill its statutory duties.  Notwithstanding section 
 43.1   13.03, subdivision 4, data received by a licensing entity under 
 43.2   this paragraph are governed by section 13.41 or other applicable 
 43.3   law governing data of the receiving entity, except that this 
 43.4   section applies to the classification of and access to data on 
 43.5   the reporter of the maltreatment. 
 43.6      Sec. 28.  [EFFECTIVE DATE.] 
 43.7      Sections 1 to 27 are effective the day following final 
 43.8   enactment.