1.1 	A bill for an act
1.2 	relating to child protection; clarifying investigative and reporting responsibilities 
1.3 	under the child maltreatment reporting act;amending Minnesota Statutes 2004, 
1.4 	section 626.556, subdivisions 3b, 3c; Minnesota Statutes 2005 Supplement, 
1.5 	section 626.556, subdivision 3.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2005 Supplement, section 626.556, subdivision 3, 
1.8 	is amended to read:
1.9 		Subd. 3.Persons mandated to report. (a) Subject to paragraph (c), a person who 
1.10 	knows or has reason to believe a child is being neglected or physically or sexually abused, 
1.11 	as defined in subdivision 2, or has been neglected or physically or sexually abused within 
1.12 	the preceding three years, shall immediately report the information to the local welfare 
1.13 	agency, agency responsible for assessing or investigating the report, police department, or 
1.14 	the county sheriff if the person is:
1.15 	(1) a professional or professional's delegate who is engaged in the practice of 
1.16 	the healing arts, social services, hospital administration, psychological or psychiatric 
1.17 	treatment, child care, education, correctional supervision, probation and correctional 
1.18 	services, or law enforcement; or
1.19 	(2) employed as a member of the clergy and received the information while 
1.20 	engaged in ministerial duties, provided that a member of the clergy is not required by 
1.21 	this subdivision to report information that is otherwise privileged under section 595.02, 
1.22 	subdivision 1, paragraph (c).
1.23 	The police department or the county sheriff, upon receiving a report, shall 
1.24 	immediately notify the local welfare agency or agency responsible for assessing or 
1.25 	investigating the report, orally and in writing. The local welfare agency, or agency 
2.1 	responsible for assessing or investigating the report, upon receiving a report, shall 
2.2 	immediately notify the local police department or the county sheriff orally and in writing. 
2.3 	The county sheriff and the head of every local welfare agency, agency responsible for 
2.4 	assessing or investigating reports, and police department shall each designate a person 
2.5 	within their agency, department, or office who is responsible for ensuring that the 
2.6 	notification duties of this paragraph and paragraph (b) are carried out. Nothing in this 
2.7 	subdivision shall be construed to require more than one report from any institution, facility, 
2.8 	school, or agency. If the agency receiving a report determines that it is not responsible for 
2.9 	assessing or investigating the report, the agency shall immediately notify the agency it 
2.10 	determines is responsible for assessing or investigating the report under this section.
2.11 	(b) Any person may voluntarily report to the local welfare agency, agency 
2.12 	responsible for assessing or investigating the report, police department, or the county 
2.13 	sheriff if the person knows, has reason to believe, or suspects a child is being or has been 
2.14 	neglected or subjected to physical or sexual abuse. The police department or the county 
2.15 	sheriff, upon receiving a report, shall immediately notify the local welfare agency or 
2.16 	agency responsible for assessing or investigating the report, orally and in writing. The 
2.17 	local welfare agency or agency responsible for assessing or investigating the report, upon 
2.18 	receiving a report, shall immediately notify the local police department or the county 
2.19 	sheriff orally and in writing.
2.20 	(c) A person mandated to report physical or sexual child abuse or neglect occurring 
2.21 	within a licensed facility or a school under subdivision 3b shall report the information 
2.22 	to the agency responsible for licensing the facility under sections 144.50 to 144.58; 
2.23 	241.021; 245A.01 to 245A.16; or chapter 245B; or a nonlicensed personal care provider 
2.24 	organization as defined in sections 256B.04, subdivision 16; and 256B.0625, subdivision 
2.25 	19 or to the agency responsible for assessing or investigating the report, if the facility is 
2.26 	not licensed. A health or corrections agency receiving a report may request the local 
2.27 	welfare agency to provide assistance pursuant to subdivisions 10, 10a, and 10b. A board 
2.28 	or other entity whose licensees perform work within a school facility, upon receiving a 
2.29 	complaint of alleged maltreatment, shall provide information about the circumstances of 
2.30 	the alleged maltreatment to the commissioner of education. Section 13.03, subdivision 4, 
2.31 	applies to data received by the commissioner of education from a licensing entity.
2.32 	(d) Any person mandated to report shall receive a summary of the disposition of 
2.33 	any report made by that reporter, including whether the case has been opened for child 
2.34 	protection or other services, or if a referral has been made to a community organization, 
2.35 	unless release would be detrimental to the best interests of the child. Any person who is 
2.36 	not mandated to report shall, upon request to the local welfare agency, receive a concise 
3.1 	summary of the disposition of any report made by that reporter, unless release would be 
3.2 	detrimental to the best interests of the child.
3.3 	(e) For purposes of this subdivision, "immediately" means as soon as possible but in 
3.4 	no event longer than 24 hours.

3.5 	Sec. 2. Minnesota Statutes 2004, section 626.556, subdivision 3b, is amended to read:
3.6 		Subd. 3b.AgencyDepartment of Education responsible for assessing or 
3.7 	investigating reports of maltreatment. The Department of Education is the agency 
3.8 	responsible for assessing or investigating allegations of child maltreatment in schools 
3.9 	as defined in sections  120A.05, subdivisions 9, 11, and 13; 120A.05, subdivisions 9, 
3.10 	11, 13, and 17, and  124D.10, unless the alleged maltreatment occurred in a program or 
3.11 	facility licensed by the commissioner of human services. "School" includes a school-age 
3.12 	care program, Head Start program, early childhood family education program, school 
3.13 	district-administered day treatment facility, or other program licensed or administered 
3.14 	by the education commissioner that provides services for minors and is located in or 
3.15 	operated by a school. 

3.16 	Sec. 3. Minnesota Statutes 2004, section 626.556, subdivision 3c, is amended to read:
3.17 		Subd. 3c.Agency Local welfare agency, Department of Human Services 
3.18 	or Department of Health responsible for assessing or investigating reports of 
3.19 	maltreatment. The following agencies are the administrative agencies responsible for 
3.20 	assessing or investigating reports of alleged child maltreatment in facilities made under 
3.21 	this section:
3.22 	(1)(a) The county local welfare agency is the agency responsible for assessing or 
3.23 	investigating:
3.24 	(1) allegations of maltreatment in child foster care, family child care, and legally 
3.25 	unlicensed child care and in juvenile correctional facilities licensed under section  241.021
3.26 	located in the local welfare agency's county; and
3.27 	(2) other allegations of maltreatment that are not the responsibility of another agency 
3.28 	under this subdivision or subdivision 3b.
3.29 	(2)(b) The Department of Human Services is the agency responsible for assessing 
3.30 	or investigating allegations of maltreatment in facilities licensed under chapters 245A and 
3.31 	245B, except for child foster care and family child care; and.
3.32 	(3)(c) The Department of Health is the agency responsible for assessing or 
3.33 	investigating allegations of child maltreatment in facilities licensed under sections  144.50
3.34 	to  144.58, and in unlicensed home health care.