1.1 	A bill for an act
1.2 	relating to education; expanding grounds for teacher license revocation, suspension, 
1.3 	or denial; expanding grounds for teacher discharge; expanding mandatory reporting;
1.4 	amending Minnesota Statutes 2016, section 626.556, subdivision 10a; Minnesota 
1.5 	Statutes 2017 Supplement, sections 122A.187, by adding a subdivision; 122A.20, 
1.6 	subdivision 1; 122A.40, subdivision 13; 122A.41, subdivision 6; 123B.03, 
1.7 	subdivision 1; 609A.03, subdivision 7a; 626.556, subdivisions 2, 3, 10e.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2017 Supplement, section 122A.187, is amended by adding 
1.10 	a subdivision to read:
1.11 		Subd. 7.Background check. The Professional Educator Licensing and Standards Board 
1.12 	must request a criminal history background check from the superintendent of the Bureau 
1.13 	of Criminal Apprehension on a licensed teacher applying for a renewal license who has not 
1.14 	had a background check consistent with section 122A.18, subdivision 8, within the preceding 
1.15 	five years. The board may request payment from the teacher renewing their license in an 
1.16 	amount equal to the actual cost of the background check.

1.17 	EFFECTIVE DATE. This section is effective July 1, 2018.

1.18 	Sec. 2. Minnesota Statutes 2017 Supplement, section 122A.20, subdivision 1, is amended 
1.19 	to read:
1.20 		Subdivision 1.Grounds for revocation, suspension, or denial. (a) The Professional 
1.21 	Educator Licensing and Standards Board or Board of School Administrators, whichever 
1.22 	has jurisdiction over a teacher's licensure, may, on the written complaint of the school board 
1.23 	employing a teacher, a teacher organization, or any other interested person, refuse to issue, 
2.1 	refuse to renew, suspend, or revoke a teacher's license to teach for any of the following 
2.2 	causes:
2.3 	(1) immoral character or conduct;
2.4 	(2) failure, without justifiable cause, to teach for the term of the teacher's contract;
2.5 	(3) gross inefficiency or willful neglect of duty;
2.6 	(4) failure to meet licensure requirements; or
2.7 	(5) fraud or misrepresentation in obtaining a license.; or
2.8 	(6) intentional and inappropriate patting, touching, pinching, or other physical contact 
2.9 	with a student that is unwelcome and sexually motivated.
2.10 	The written complaint must specify the nature and character of the charges.
2.11 	(b) The Professional Educator Licensing and Standards Board or Board of School 
2.12 	Administrators, whichever has jurisdiction over a teacher's licensure, shall must refuse to 
2.13 	issue, refuse to renew, or automatically revoke a teacher's license to teach without the right 
2.14 	to a hearing upon receiving a certified copy of a conviction showing that the teacher has 
2.15 	been convicted of:
2.16 	(1) child abuse, as defined in section 609.185,;
2.17 	(2) sex trafficking in the first degree under section 609.322, subdivision 1,;
2.18 	(3) sex trafficking in the second degree under section 609.322, subdivision 1a,;
2.19 	(4) engaging in hiring, or agreeing to hire a minor to engage in prostitution under section 
2.20 	609.324, subdivision 1, sexual abuse;
2.21 	(5) criminal sexual conduct under section 609.342, 609.343, 609.344, 609.345, or
2.22 	609.3451, subdivision 3, or 617.23, subdivision 3,;
2.23 	(6) indecent exposure under section 617.23, subdivision 3;
2.24 	(7) solicitation of children to engage in sexual conduct or communication of sexually 
2.25 	explicit materials to children under section 609.352,;
2.26 	(8) interference with privacy under section 609.746 or stalking under section 609.749
2.27 	and the victim was a minor,;
2.28 	(9) using minors in a sexual performance under section 617.246,;
2.29 	(10) possessing pornographic works involving a minor under section 617.247,; or
3.1 	(11) any other offense not listed in this paragraph that requires the person to register as 
3.2 	a predatory offender under section 243.166, or a crime under a similar law of another state 
3.3 	or the United States.
3.4 	The board shall must send notice of this licensing action to the district in which the teacher 
3.5 	is currently employed.
3.6 	(c) A person whose license to teach has been revoked, not issued, or not renewed under 
3.7 	paragraph (b), may petition the board to reconsider the licensing action if the person's 
3.8 	conviction for child abuse or sexual abuse is reversed by a final decision of the Court of 
3.9 	Appeals or the Supreme Court or if the person has received a pardon for the offense. The 
3.10 	petitioner shall must attach a certified copy of the appellate court's final decision or the 
3.11 	pardon to the petition. Upon receiving the petition and its attachment, the board shall must
3.12 	schedule and hold a disciplinary hearing on the matter under section 214.10, subdivision 2, 
3.13 	unless the petitioner waives the right to a hearing. If the board finds that, notwithstanding 
3.14 	the reversal of the petitioner's criminal conviction or the issuance of a pardon, the petitioner 
3.15 	is disqualified from teaching under paragraph (a), clause (1), the board shall must affirm 
3.16 	its previous licensing action. If the board finds that the petitioner is not disqualified from 
3.17 	teaching under paragraph (a), clause (1), it shall must reverse its previous licensing action.
3.18 	(d) The Professional Educator Licensing and Standards Board or Board of School 
3.19 	Administrators, whichever has jurisdiction over a teacher's licensure, must refuse to issue, 
3.20 	refuse to renew, or revoke a teacher's license to teach if the teacher has engaged in sexual 
3.21 	penetration as defined in section 609.321, subdivision 11, with a student enrolled in a school 
3.22 	where the teacher works or volunteers. The board may suspend a teacher's license pending 
3.23 	an investigation into a report of conduct that would be grounds for revocation under this 
3.24 	paragraph. Section 122A.188 does not apply to a decision by the board to refuse to issue, 
3.25 	refuse to renew, or revoke a license under this paragraph. A person whose license has been 
3.26 	revoked, not issued, or not renewed may appeal the decision by filing a written request with 
3.27 	the Professional Educator Licensing and Standards Board or the Board of School 
3.28 	Administrators, as appropriate, within 30 days of notice of the licensing action. The board 
3.29 	must then initiate a contested case under the Administrative Procedure Act, sections 14.001 
3.30 	to 14.69.
3.31 	(e) The Professional Educator Licensing and Standards Board or Board of School 
3.32 	Administrators, whichever has jurisdiction over a teacher's licensure, must review and may 
3.33 	refuse to issue, refuse to renew, or revoke a teacher's license to teach upon receiving a 
3.34 	certified copy of a conviction showing that the teacher has been convicted of:
4.1 	(1) a qualified domestic violence-related offense as defined in section 609.02, subdivision 
4.2 	16;
4.3 	(2) embezzlement of public funds under section 609.54; or
4.4 	(3) a felony involving a minor as the victim.
4.5 	If an offense included in clauses (1) to (3) is already included in paragraph (b), the provisions 
4.6 	of paragraph (b) apply to the conduct. Section 122A.188 does not apply to a decision by 
4.7 	the board to refuse to issue, refuse to renew, or revoke a license under this paragraph. A 
4.8 	person whose license has been revoked, not issued, or not renewed may appeal the decision 
4.9 	by filing a written request with the Professional Educator Licensing and Standards Board 
4.10 	or the Board of School Administrators, as appropriate, within 30 days of notice of the 
4.11 	licensing action. The board must then initiate a contested case under the Administrative 
4.12 	Procedure Act, sections 14.001 to 14.69.
4.13 	(f) The Professional Educator Licensing and Standards Board may suspend a teacher's 
4.14 	license to teach during the board's disciplinary investigation of a report of teacher misconduct 
4.15 	if the teacher has been charged with a violation of a crime listed in paragraph (b). The 
4.16 	teacher's license is suspended until the licensing board completes their disciplinary 
4.17 	investigation and makes a determination whether or not disciplinary action is necessary.
4.18 	(d) (g) For purposes of this subdivision, the Professional Educator Licensing and 
4.19 	Standards Board is delegated the authority to suspend or revoke coaching licenses.

4.20 	EFFECTIVE DATE. This section is effective the day following final enactment.

4.21 	Sec. 3. Minnesota Statutes 2017 Supplement, section 122A.40, subdivision 13, is amended 
4.22 	to read:
4.23 		Subd. 13.Immediate discharge. (a) Except as otherwise provided in paragraph (b), a 
4.24 	board may discharge a continuing-contract teacher, effective immediately, upon any of the 
4.25 	following grounds:
4.26 	(1) immoral conduct, insubordination, or conviction of a felony;
4.27 	(2) conduct unbecoming a teacher which requires the immediate removal of the teacher 
4.28 	from classroom or other duties;
4.29 	(3) failure without justifiable cause to teach without first securing the written release of 
4.30 	the school board;
4.31 	(4) gross inefficiency which the teacher has failed to correct after reasonable written 
4.32 	notice;
5.1 	(5) willful neglect of duty; or
5.2 	(6) continuing physical or mental disability subsequent to a 12 months leave of absence 
5.3 	and inability to qualify for reinstatement in accordance with subdivision 12.
5.4 	For purposes of this paragraph, conduct unbecoming a teacher includes an unfair 
5.5 	discriminatory practice described in section 363A.13.
5.6 	Prior to discharging a teacher under this paragraph, the board must notify the teacher in 
5.7 	writing and state its ground for the proposed discharge in reasonable detail. Within ten days 
5.8 	after receipt of this notification the teacher may make a written request for a hearing before 
5.9 	the board and it shall must be granted before final action is taken. The board may suspend 
5.10 	a teacher with pay pending the conclusion of the hearing and determination of the issues 
5.11 	raised in the hearing after charges have been filed which constitute ground for discharge. 
5.12 	If a teacher has been charged with a felony and the underlying conduct that is the subject 
5.13 	of the felony charge is a ground for a proposed immediate discharge, the suspension pending 
5.14 	the conclusion of the hearing and determination of the issues may be without pay. If a 
5.15 	hearing under this paragraph is held, the board must reimburse the teacher for any salary 
5.16 	or compensation withheld if the final decision of the board or the arbitrator does not result 
5.17 	in a penalty to or suspension, termination, or discharge of the teacher.
5.18 	(b) A board must discharge a continuing-contract teacher, effective immediately, upon 
5.19 	receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's 
5.20 	license has been revoked due to a conviction for:
5.21 	(1) child abuse, as defined in section 609.185;
5.22 	(2) sex trafficking in the first degree under section 609.322, subdivision 1;
5.23 	(3) sex trafficking in the second degree under section 609.322, subdivision 1a;
5.24 	(4) engaging in hiring or agreeing to hire a minor to engage in prostitution under section 
5.25 	609.324, subdivision 1;
5.26 	(5) criminal sexual abuseconduct under section 609.342, 609.343, 609.344, 609.345, 
5.27 	609.3451, subdivision 3, or 617.23, subdivision 3;
5.28 	(6) indecent exposure under section 617.23, subdivision 3;
5.29 	(7) solicitation of children to engage in sexual conduct or communication of sexually 
5.30 	explicit materials to children under section 609.352;
5.31 	(8) interference with privacy under section 609.746 or stalking under section 609.749
5.32 	and the victim was a minor;
6.1 	(9) using minors in a sexual performance under section 617.246;
6.2 	(10) possessing pornographic works involving a minor under section 617.247; or
6.3 	(11) any other offense not listed in this paragraph that requires the person to register as 
6.4 	a predatory offender under section 243.166, or a crime under a similar law of another state 
6.5 	or the United States; or
6.6 	(12) any other offense not listed in this paragraph that requires notice of a licensing 
6.7 	action to the district in accordance with section 122A.20, subdivision 1, paragraph (d).
6.8 	(c) When a teacher is discharged under paragraph (b) or when the commissioner makes 
6.9 	a final determination of child maltreatment involving a teacher under section 626.556, 
6.10 	subdivision 11, the school principal or other person having administrative control of the 
6.11 	school must include in the teacher's employment record the information contained in the 
6.12 	record of the disciplinary action or the final maltreatment determination, consistent with 
6.13 	the definition of public data under section 13.41, subdivision 5, and must provide the 
6.14 	Professional Educator Licensing and Standards Board and the licensing division at the 
6.15 	department with the necessary and relevant information to enable the Professional Educator 
6.16 	Licensing and Standards Board and the department's licensing division to fulfill their statutory 
6.17 	and administrative duties related to issuing, renewing, suspending, or revoking a teacher's 
6.18 	license. Information received by the Professional Educator Licensing and Standards Board 
6.19 	or the licensing division at the department under this paragraph is governed by section 13.41
6.20 	or other applicable law governing data of the receiving entity. In addition to the background 
6.21 	check required under section 123B.03, a school board or other school hiring authority must 
6.22 	contact the Professional Educator Licensing and Standards Board and the department to 
6.23 	determine whether the teacher's license has been suspended or revoked, consistent with the 
6.24 	discharge and final maltreatment determinations identified in this paragraph. Unless restricted 
6.25 	by federal or state data practices law or by the terms of a collective bargaining agreement, 
6.26 	the responsible authority for a school district must disseminate to another school district 
6.27 	private personnel data on a current or former teacher employee or contractor of the district, 
6.28 	including the results of background investigations, if the requesting school district seeks 
6.29 	the information because the subject of the data has applied for employment with the 
6.30 	requesting school district.

6.31 	EFFECTIVE DATE. This section is effective for the 2018-2019 school year and later.

7.1 	Sec. 4. Minnesota Statutes 2017 Supplement, section 122A.41, subdivision 6, is amended 
7.2 	to read:
7.3 		Subd. 6.Grounds for discharge or demotion. (a) Except as otherwise provided in 
7.4 	paragraph (b), causes for the discharge or demotion of a teacher either during or after the 
7.5 	probationary period must be:
7.6 	(1) immoral character, conduct unbecoming a teacher, or insubordination;
7.7 	(2) failure without justifiable cause to teach without first securing the written release of 
7.8 	the school board having the care, management, or control of the school in which the teacher 
7.9 	is employed;
7.10 	(3) inefficiency in teaching or in the management of a school, consistent with subdivision 
7.11 	5, paragraph (b);
7.12 	(4) affliction with a communicable disease must be considered as cause for removal or 
7.13 	suspension while the teacher is suffering from such disability; or
7.14 	(5) discontinuance of position or lack of pupils.
7.15 	For purposes of this paragraph, conduct unbecoming a teacher includes an unfair 
7.16 	discriminatory practice described in section 363A.13.
7.17 	(b) A probationary or continuing-contract teacher must be discharged immediately upon 
7.18 	receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's 
7.19 	license has been revoked due to a conviction for:
7.20 	(1) child abuse, as defined in section 609.185;
7.21 	(2) sex trafficking in the first degree under section 609.322, subdivision 1;
7.22 	(3) sex trafficking in the second degree under section 609.322, subdivision 1a;
7.23 	(4) engaging in hiring or agreeing to hire a minor to engage in prostitution under section 
7.24 	609.324, subdivision 1;
7.25 	(5) criminal sexual abuseconduct under section 609.342, 609.343, 609.344, 609.345, 
7.26 	609.3451, subdivision 3, or 617.23, subdivision 3;
7.27 	(6) indecent exposure under section 617.23, subdivision 3;
7.28 	(7) solicitation of children to engage in sexual conduct or communication of sexually 
7.29 	explicit materials to children under section 609.352;
7.30 	(8) interference with privacy under section 609.746 or stalking under section 609.749
7.31 	and the victim was a minor;
8.1 	(9) using minors in a sexual performance under section 617.246;
8.2 	(10) possessing pornographic works involving a minor under section 617.247; or
8.3 	(11) any other offense not listed in this paragraph that requires the person to register as 
8.4 	a predatory offender under section 243.166, or a crime under a similar law of another state 
8.5 	or the United States; or
8.6 	(12) any other offense not listed in this paragraph that requires notice of a licensing 
8.7 	action to the district in accordance with section 122A.20, subdivision 1, paragraph (d).
8.8 	(c) When a teacher is discharged under paragraph (b) or when the commissioner makes 
8.9 	a final determination of child maltreatment involving a teacher under section 626.556, 
8.10 	subdivision 11, the school principal or other person having administrative control of the 
8.11 	school must include in the teacher's employment record the information contained in the 
8.12 	record of the disciplinary action or the final maltreatment determination, consistent with 
8.13 	the definition of public data under section 13.41, subdivision 5, and must provide the 
8.14 	Professional Educator Licensing and Standards Board and the licensing division at the 
8.15 	department with the necessary and relevant information to enable the Professional Educator 
8.16 	Licensing and Standards Board and the department's licensing division to fulfill their statutory 
8.17 	and administrative duties related to issuing, renewing, suspending, or revoking a teacher's 
8.18 	license. Information received by the Professional Educator Licensing and Standards Board 
8.19 	or the licensing division at the department under this paragraph is governed by section 13.41
8.20 	or other applicable law governing data of the receiving entity. In addition to the background 
8.21 	check required under section 123B.03, a school board or other school hiring authority must 
8.22 	contact the Professional Educator Licensing and Standards Board and the department to 
8.23 	determine whether the teacher's license has been suspended or revoked, consistent with the 
8.24 	discharge and final maltreatment determinations identified in this paragraph. Unless restricted 
8.25 	by federal or state data practices law or by the terms of a collective bargaining agreement, 
8.26 	the responsible authority for a school district must disseminate to another school district 
8.27 	private personnel data on a current or former teacher employee or contractor of the district, 
8.28 	including the results of background investigations, if the requesting school district seeks 
8.29 	the information because the subject of the data has applied for employment with the 
8.30 	requesting school district.

8.31 	EFFECTIVE DATE. This section is effective for the 2018-2019 school year and later.

9.1 	Sec. 5. Minnesota Statutes 2017 Supplement, section 123B.03, subdivision 1, is amended 
9.2 	to read:
9.3 		Subdivision 1.Background check required. (a) A school hiring authority shall must
9.4 	request a criminal history background check from the superintendent of the Bureau of 
9.5 	Criminal Apprehension on all individuals who are offered employment in a school and on 
9.6 	all individuals, except enrolled student volunteers, who are offered the opportunity to provide 
9.7 	athletic coaching services or other extracurricular academic coaching services to a school, 
9.8 	regardless of whether any compensation is paid. In order for an individual to be eligible for 
9.9 	employment or to provide the services, the individual must provide an executed criminal 
9.10 	history consent form and a money order or check payable to either the Bureau of Criminal 
9.11 	Apprehension or the school hiring authority, at the discretion of the school hiring authority, 
9.12 	in an amount equal to the actual cost to the Bureau of Criminal Apprehension and the school 
9.13 	district of conducting the criminal history background check. A school hiring authority 
9.14 	deciding to receive payment may, at its discretion, accept payment in the form of a negotiable 
9.15 	instrument other than a money order or check and shall pay the superintendent of the Bureau 
9.16 	of Criminal Apprehension directly to conduct the background check. The superintendent 
9.17 	of the Bureau of Criminal Apprehension shall conduct the background check by retrieving 
9.18 	criminal history data as defined in section 13.87. A school hiring authority, at its discretion, 
9.19 	may decide not to request a criminal history background check on an individual who holds 
9.20 	an initial entrance license issued by the Professional Educator Licensing and Standards 
9.21 	Board or the commissioner of education within the 12 months preceding an offer of 
9.22 	employment.
9.23 	(b) A school hiring authority may use the results of a criminal background check 
9.24 	conducted at the request of another school hiring authority if:
9.25 	(1) the results of the criminal background check are on file with the other school hiring 
9.26 	authority or otherwise accessible;
9.27 	(2) the other school hiring authority conducted a criminal background check within the 
9.28 	previous 12 months;
9.29 	(3) the individual who is the subject of the criminal background check executes a written 
9.30 	consent form giving a school hiring authority access to the results of the check; and
9.31 	(4) there is no reason to believe that the individual has committed an act subsequent to 
9.32 	the check that would disqualify the individual for employment.
9.33 	(c) A school hiring authority may, at its discretion, request a criminal history background 
9.34 	check from the superintendent of the Bureau of Criminal Apprehension on any individual 
10.1 	who seeks to enter a school or its grounds for the purpose of serving as a school volunteer 
10.2 	or working as an independent contractor or student employee. In order for an individual to 
10.3 	enter a school or its grounds under this paragraph when the school hiring authority decides 
10.4 	to request a criminal history background check on the individual, the individual first must 
10.5 	provide an executed criminal history consent form and a money order, check, or other 
10.6 	negotiable instrument payable to the school district in an amount equal to the actual cost to 
10.7 	the Bureau of Criminal Apprehension and the school district of conducting the criminal 
10.8 	history background check. Notwithstanding section 299C.62, subdivision 1, the cost of the 
10.9 	criminal history background check under this paragraph is the responsibility of the individual 
10.10 	unless a school hiring authority decides to pay the costs of conducting a background check 
10.11 	under this paragraph. If the school hiring authority pays the costs, the individual who is the 
10.12 	subject of the background check need not pay for it.
10.13 	(d) In addition to the initial background check required for all individuals offered 
10.14 	employment in accordance with paragraph (a), a school hiring authority must request a new 
10.15 	criminal history background check from the superintendent of the Bureau of Criminal 
10.16 	Apprehension on all employees every three years. Notwithstanding any law to the contrary, 
10.17 	in order for an individual to be eligible for continued employment, an individual must 
10.18 	provide an executed criminal history consent form and a money order or check payable to 
10.19 	either the Bureau of Criminal Apprehension or the school hiring authority, at the discretion 
10.20 	of the school hiring authority, in an amount equal to the actual cost to the Bureau of Criminal 
10.21 	Apprehension and the school district of conducting the criminal history background check. 
10.22 	A school hiring authority deciding to receive payment may, at its discretion, accept payment 
10.23 	in the form of a negotiable instrument other than a money order or check and shall pay the 
10.24 	superintendent of the Bureau of Criminal Apprehension directly to conduct the background 
10.25 	check. A school hiring authority, at its discretion, may decide not to request a criminal 
10.26 	history background check on an employee who provides the hiring authority with a copy 
10.27 	of the results of a criminal history background check conducted within the previous 36 
10.28 	months. A school hiring authority may, at its discretion, decide to pay the costs of conducting 
10.29 	a background check under this paragraph.
10.30 	(d) (e) For all nonstate residents who are offered employment in a school, a school hiring 
10.31 	authority shall request a criminal history background check on such individuals from the 
10.32 	superintendent of the Bureau of Criminal Apprehension and from the government agency 
10.33 	performing the same function in the resident state or, if no government entity performs the 
10.34 	same function in the resident state, from the Federal Bureau of Investigation. Such individuals 
10.35 	must provide an executed criminal history consent form and a money order, check, or other 
11.1 	negotiable instrument payable to the school hiring authority in an amount equal to the actual 
11.2 	cost to the government agencies and the school district of conducting the criminal history 
11.3 	background check. Notwithstanding section 299C.62, subdivision 1, the cost of the criminal 
11.4 	history background check under this paragraph is the responsibility of the individual.
11.5 	(e) (f) At the beginning of each school year or when a student enrolls, a school hiring 
11.6 	authority must notify parents and guardians about the school hiring authority's policy 
11.7 	requiring a criminal history background check on employees and other individuals who 
11.8 	provide services to the school, and identify those positions subject to a background check 
11.9 	and the extent of the hiring authority's discretion in requiring a background check. The 
11.10 	school hiring authority may include the notice in the student handbook, a school policy 
11.11 	guide, or other similar communication. Nothing in this paragraph affects a school hiring 
11.12 	authority's ability to request a criminal history background check on an individual under 
11.13 	paragraph (c).

11.14 	Sec. 6. Minnesota Statutes 2017 Supplement, section 609A.03, subdivision 7a, is amended 
11.15 	to read:
11.16 		Subd. 7a.Limitations of order effective January 1, 2015, and later. (a) Upon issuance 
11.17 	of an expungement order related to a charge supported by probable cause, the DNA samples 
11.18 	and DNA records held by the Bureau of Criminal Apprehension and collected under authority 
11.19 	other than section 299C.105 shall not be sealed, returned to the subject of the record, or 
11.20 	destroyed.
11.21 	(b) Notwithstanding the issuance of an expungement order:
11.22 	(1) except as provided in clause (2), an expunged record may be opened, used, or 
11.23 	exchanged between criminal justice agencies without a court order for the purposes of 
11.24 	initiating, furthering, or completing a criminal investigation or prosecution or for sentencing 
11.25 	purposes or providing probation or other correctional services;
11.26 	(2) when a criminal justice agency seeks access to a record that was sealed under section 
11.27 	609A.02, subdivision 3, paragraph (a), clause (1), after an acquittal or a court order dismissing 
11.28 	for lack of probable cause, for purposes of a criminal investigation, prosecution, or 
11.29 	sentencing, the requesting agency must obtain an ex parte court order after stating a 
11.30 	good-faith basis to believe that opening the record may lead to relevant information;
11.31 	(3) an expunged record of a conviction may be opened for purposes of evaluating a 
11.32 	prospective employee in a criminal justice agency without a court order;
12.1 	(4) an expunged record of a conviction may be opened for purposes of a background 
12.2 	study under section 245C.08 unless the commissioner had been properly served with notice 
12.3 	of the petition for expungement and the court order for expungement is directed specifically 
12.4 	to the commissioner of human services;
12.5 	(5) an expunged record of a conviction may be opened for purposes of a background 
12.6 	check required under section 122A.18, subdivision 8, unless the court order for expungement 
12.7 	is directed specifically to the Professional Educator Licensing and Standards Board or the 
12.8 	licensing division of the Department of Education; and
12.9 	(6) the court may order an expunged record opened upon request by the victim of the 
12.10 	underlying offense if the court determines that the record is substantially related to a matter 
12.11 	for which the victim is before the court.
12.12 	(c) An agency or jurisdiction subject to an expungement order shall maintain the record 
12.13 	in a manner that provides access to the record by a criminal justice agency under paragraph 
12.14 	(b), clause (1) or (2), but notifies the recipient that the record has been sealed. The Bureau 
12.15 	of Criminal Apprehension shall notify the commissioner of human services, and the 
12.16 	Professional Educator Licensing and Standards Board, or the licensing division of the 
12.17 	Department of Education of the existence of a sealed record and of the right to obtain access 
12.18 	under paragraph (b), clause (4) or (5). Upon request, the agency or jurisdiction subject to 
12.19 	the expungement order shall provide access to the record to the commissioner of human 
12.20 	services, the Professional Educator Licensing and Standards Board, or the licensing division 
12.21 	of the Department of Education under paragraph (b), clause (4) or (5).
12.22 	(d) An expunged record that is opened or exchanged under this subdivision remains 
12.23 	subject to the expungement order in the hands of the person receiving the record.
12.24 	(e) A criminal justice agency that receives an expunged record under paragraph (b), 
12.25 	clause (1) or (2), must maintain and store the record in a manner that restricts the use of the 
12.26 	record to the investigation, prosecution, or sentencing for which it was obtained.
12.27 	(f) For purposes of this section, a "criminal justice agency" means a court or government 
12.28 	agency that performs the administration of criminal justice under statutory authority.
12.29 	(g) This subdivision applies to expungement orders subject to its limitations and effective 
12.30 	on or after January 1, 2015.

13.1 	Sec. 7. Minnesota Statutes 2017 Supplement, section 626.556, subdivision 2, is amended 
13.2 	to read:
13.3 		Subd. 2.Definitions. As used in this section, the following terms have the meanings 
13.4 	given them unless the specific content indicates otherwise:
13.5 	(a) "Accidental" means a sudden, not reasonably foreseeable, and unexpected occurrence 
13.6 	or event which:
13.7 	(1) is not likely to occur and could not have been prevented by exercise of due care; and
13.8 	(2) if occurring while a child is receiving services from a facility, happens when the 
13.9 	facility and the employee or person providing services in the facility are in compliance with 
13.10 	the laws and rules relevant to the occurrence or event.
13.11 	(b) "Commissioner" means the commissioner of human services.
13.12 	(c) "Facility" means:
13.13 	(1) a licensed or unlicensed day care facility, certified license-exempt child care center, 
13.14 	residential facility, agency, hospital, sanitarium, or other facility or institution required to 
13.15 	be licensed under sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or chapter 
13.16 	144H, 245D, or 245H;
13.17 	(2) a school as defined in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E; 
13.18 	or
13.19 	(3) a nonlicensed personal care provider organization as defined in section 256B.0625, 
13.20 	subdivision 19a.
13.21 	(d) "Family assessment" means a comprehensive assessment of child safety, risk of 
13.22 	subsequent child maltreatment, and family strengths and needs that is applied to a child 
13.23 	maltreatment report that does not allege sexual abuse or substantial child endangerment. 
13.24 	Family assessment does not include a determination as to whether child maltreatment 
13.25 	occurred but does determine the need for services to address the safety of family members 
13.26 	and the risk of subsequent maltreatment.
13.27 	(e) "Investigation" means fact gathering related to the current safety of a child and the 
13.28 	risk of subsequent maltreatment that determines whether child maltreatment occurred and 
13.29 	whether child protective services are needed. An investigation must be used when reports 
13.30 	involve sexual abuse or substantial child endangerment, and for reports of maltreatment in 
13.31 	facilities required to be licensed or certified under chapter 245A, 245D, or 245H; under 
13.32 	sections 144.50 to 144.58 and 241.021; in a school as defined in section 120A.05, 
14.1 	subdivisions 9, 11, and 13, and chapter 124E; or in a nonlicensed personal care provider 
14.2 	association as defined in section 256B.0625, subdivision 19a.
14.3 	(f) "Mental injury" means an injury to the psychological capacity or emotional stability 
14.4 	of a child as evidenced by an observable or substantial impairment in the child's ability to 
14.5 	function within a normal range of performance and behavior with due regard to the child's 
14.6 	culture.
14.7 	(g) "Neglect" means the commission or omission of any of the acts specified under 
14.8 	clauses (1) to (9), other than by accidental means:
14.9 	(1) failure by a person responsible for a child's care to supply a child with necessary 
14.10 	food, clothing, shelter, health, medical, or other care required for the child's physical or 
14.11 	mental health when reasonably able to do so;
14.12 	(2) failure to protect a child from conditions or actions that seriously endanger the child's 
14.13 	physical or mental health when reasonably able to do so, including a growth delay, which 
14.14 	may be referred to as a failure to thrive, that has been diagnosed by a physician and is due 
14.15 	to parental neglect;
14.16 	(3) failure to provide for necessary supervision or child care arrangements appropriate 
14.17 	for a child after considering factors as the child's age, mental ability, physical condition, 
14.18 	length of absence, or environment, when the child is unable to care for the child's own basic 
14.19 	needs or safety, or the basic needs or safety of another child in their care;
14.20 	(4) failure to ensure that the child is educated as defined in sections 120A.22 and 
14.21 	260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's 
14.22 	child with sympathomimetic medications, consistent with section 125A.091, subdivision 
14.23 	5;
14.24 	(5) nothing in this section shall be construed to mean that a child is neglected solely 
14.25 	because the child's parent, guardian, or other person responsible for the child's care in good 
14.26 	faith selects and depends upon spiritual means or prayer for treatment or care of disease or 
14.27 	remedial care of the child in lieu of medical care; except that a parent, guardian, or caretaker, 
14.28 	or a person mandated to report pursuant to subdivision 3, has a duty to report if a lack of 
14.29 	medical care may cause serious danger to the child's health. This section does not impose 
14.30 	upon persons, not otherwise legally responsible for providing a child with necessary food, 
14.31 	clothing, shelter, education, or medical care, a duty to provide that care;
14.32 	(6) prenatal exposure to a controlled substance, as defined in section 253B.02, subdivision 
14.33 	2, used by the mother for a nonmedical purpose, as evidenced by withdrawal symptoms in 
15.1 	the child at birth, results of a toxicology test performed on the mother at delivery or the 
15.2 	child at birth, medical effects or developmental delays during the child's first year of life 
15.3 	that medically indicate prenatal exposure to a controlled substance, or the presence of a 
15.4 	fetal alcohol spectrum disorder;
15.5 	(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);
15.6 	(8) chronic and severe use of alcohol or a controlled substance by a parent or person 
15.7 	responsible for the care of the child that adversely affects the child's basic needs and safety; 
15.8 	or
15.9 	(9) emotional harm from a pattern of behavior which contributes to impaired emotional 
15.10 	functioning of the child which may be demonstrated by a substantial and observable effect 
15.11 	in the child's behavior, emotional response, or cognition that is not within the normal range 
15.12 	for the child's age and stage of development, with due regard to the child's culture.
15.13 	(h) "Nonmaltreatment mistake" means:
15.14 	(1) at the time of the incident, the individual was performing duties identified in the 
15.15 	center's child care program plan required under Minnesota Rules, part 9503.0045;
15.16 	(2) the individual has not been determined responsible for a similar incident that resulted 
15.17 	in a finding of maltreatment for at least seven years;
15.18 	(3) the individual has not been determined to have committed a similar nonmaltreatment 
15.19 	mistake under this paragraph for at least four years;
15.20 	(4) any injury to a child resulting from the incident, if treated, is treated only with 
15.21 	remedies that are available over the counter, whether ordered by a medical professional or 
15.22 	not; and
15.23 	(5) except for the period when the incident occurred, the facility and the individual 
15.24 	providing services were both in compliance with all licensing requirements relevant to the 
15.25 	incident.
15.26 	This definition only applies to child care centers licensed under Minnesota Rules, chapter 
15.27 	9503. If clauses (1) to (5) apply, rather than making a determination of substantiated 
15.28 	maltreatment by the individual, the commissioner of human services shall determine that a 
15.29 	nonmaltreatment mistake was made by the individual.
15.30 	(i) "Operator" means an operator or agency as defined in section 245A.02.
15.31 	(j) "Person responsible for the child's care" means (1) an individual functioning within 
15.32 	the family unit and having responsibilities for the care of the child such as a parent, guardian, 
16.1 	or other person having similar care responsibilities, or (2) an individual functioning outside 
16.2 	the family unit and having responsibilities for the care of the child such as a teacher, school 
16.3 	administrator, other school employees or agents, or other lawful custodian of a child having 
16.4 	either full-time or short-term care responsibilities including, but not limited to, day care, 
16.5 	babysitting whether paid or unpaid, counseling, teaching, and coaching.
16.6 	(k) "Physical abuse" means any physical injury, mental injury, or threatened injury, 
16.7 	inflicted by a person responsible for the child's care on a child other than by accidental 
16.8 	means, or any physical or mental injury that cannot reasonably be explained by the child's 
16.9 	history of injuries, or any aversive or deprivation procedures, or regulated interventions, 
16.10 	that have not been authorized under section 125A.0942 or 245.825.
16.11 	Abuse does not include reasonable and moderate physical discipline of a child 
16.12 	administered by a parent or legal guardian which does not result in an injury. Abuse does 
16.13 	not include the use of reasonable force by a teacher, principal, or school employee as allowed 
16.14 	by section 121A.582. Actions which are not reasonable and moderate include, but are not 
16.15 	limited to, any of the following:
16.16 	(1) throwing, kicking, burning, biting, or cutting a child;
16.17 	(2) striking a child with a closed fist;
16.18 	(3) shaking a child under age three;
16.19 	(4) striking or other actions which result in any nonaccidental injury to a child under 18 
16.20 	months of age;
16.21 	(5) unreasonable interference with a child's breathing;
16.22 	(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;
16.23 	(7) striking a child under age one on the face or head;
16.24 	(8) striking a child who is at least age one but under age four on the face or head, which 
16.25 	results in an injury;
16.26 	(9) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled 
16.27 	substances which were not prescribed for the child by a practitioner, in order to control or 
16.28 	punish the child; or other substances that substantially affect the child's behavior, motor 
16.29 	coordination, or judgment or that results in sickness or internal injury, or subjects the child 
16.30 	to medical procedures that would be unnecessary if the child were not exposed to the 
16.31 	substances;
17.1 	(10) unreasonable physical confinement or restraint not permitted under section 609.379, 
17.2 	including but not limited to tying, caging, or chaining; or
17.3 	(11) in a school facility or school zone, an act by a person responsible for the child's 
17.4 	care that is a violation under section 121A.58.
17.5 	(l) "Practice of social services," for the purposes of subdivision 3, includes but is not 
17.6 	limited to employee assistance counseling and the provision of guardian ad litem and 
17.7 	parenting time expeditor services.
17.8 	(m) "Report" means any communication received by the local welfare agency, police 
17.9 	department, county sheriff, or agency responsible for child protection pursuant to this section 
17.10 	that describes neglect or physical or sexual abuse of a child and contains sufficient content 
17.11 	to identify the child and any person believed to be responsible for the neglect or abuse, if 
17.12 	known.
17.13 	(n) "Sexual abuse" means the subjection of a child by a person responsible for the child's 
17.14 	care, by a person who has a significant relationship to the child, as defined in section 609.341, 
17.15 	or by a person in a position of authority, as defined in section 609.341, subdivision 10, to 
17.16 	any act which constitutes a violation of section 609.342 (criminal sexual conduct in the first 
17.17 	degree), 609.343 (criminal sexual conduct in the second degree), 609.344 (criminal sexual 
17.18 	conduct in the third degree), 609.345 (criminal sexual conduct in the fourth degree), or
17.19 	609.3451 (criminal sexual conduct in the fifth degree), or 609.352 (solicitation of children 
17.20 	to engage in sexual conduct; communication of sexually explicit materials to children). 
17.21 	Sexual abuse also includes any act which involves a minor which constitutes a violation of 
17.22 	prostitution offenses under sections 609.321 to 609.324 or 617.246. Effective May 29, 2017, 
17.23 	sexual abuse includes all reports of known or suspected child sex trafficking involving a 
17.24 	child who is identified as a victim of sex trafficking. Sexual abuse includes child sex 
17.25 	trafficking as defined in section 609.321, subdivisions 7a and 7b. Sexual abuse includes 
17.26 	threatened sexual abuse which includes the status of a parent or household member who 
17.27 	has committed a violation which requires registration as an offender under section 243.166, 
17.28 	subdivision 1b, paragraph (a) or (b), or required registration under section 243.166, 
17.29 	subdivision 1b, paragraph (a) or (b).
17.30 	(o) "Substantial child endangerment" means a person responsible for a child's care, by 
17.31 	act or omission, commits or attempts to commit an act against a child under their care that 
17.32 	constitutes any of the following:
17.33 	(1) egregious harm as defined in section 260C.007, subdivision 14;
17.34 	(2) abandonment under section 260C.301, subdivision 2;
18.1 	(3) neglect as defined in paragraph (g), clause (2), that substantially endangers the child's 
18.2 	physical or mental health, including a growth delay, which may be referred to as failure to 
18.3 	thrive, that has been diagnosed by a physician and is due to parental neglect;
18.4 	(4) murder in the first, second, or third degree under section 609.185, 609.19, or 609.195;
18.5 	(5) manslaughter in the first or second degree under section 609.20 or 609.205;
18.6 	(6) assault in the first, second, or third degree under section 609.221, 609.222, or 609.223;
18.7 	(7) solicitation, inducement, and promotion of prostitution under section 609.322;
18.8 	(8) criminal sexual conduct under sections 609.342 to 609.3451;
18.9 	(9) solicitation of children to engage in sexual conduct under section 609.352;
18.10 	(10) malicious punishment or neglect or endangerment of a child under section 609.377 
18.11 	or 609.378;
18.12 	(11) use of a minor in sexual performance under section 617.246; or
18.13 	(12) parental behavior, status, or condition which mandates that the county attorney file 
18.14 	a termination of parental rights petition under section 260C.503, subdivision 2.
18.15 	(p) "Threatened injury" means a statement, overt act, condition, or status that represents 
18.16 	a substantial risk of physical or sexual abuse or mental injury. Threatened injury includes, 
18.17 	but is not limited to, exposing a child to a person responsible for the child's care, as defined 
18.18 	in paragraph (j), clause (1), who has:
18.19 	(1) subjected a child to, or failed to protect a child from, an overt act or condition that 
18.20 	constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a similar law 
18.21 	of another jurisdiction;
18.22 	(2) been found to be palpably unfit under section 260C.301, subdivision 1, paragraph 
18.23 	(b), clause (4), or a similar law of another jurisdiction;
18.24 	(3) committed an act that has resulted in an involuntary termination of parental rights 
18.25 	under section 260C.301, or a similar law of another jurisdiction; or
18.26 	(4) committed an act that has resulted in the involuntary transfer of permanent legal and 
18.27 	physical custody of a child to a relative under Minnesota Statutes 2010, section 260C.201, 
18.28 	subdivision 11, paragraph (d), clause (1), section 260C.515, subdivision 4, or a similar law 
18.29 	of another jurisdiction.
19.1 	A child is the subject of a report of threatened injury when the responsible social services 
19.2 	agency receives birth match data under paragraph (q) from the Department of Human 
19.3 	Services.
19.4 	(q) Upon receiving data under section 144.225, subdivision 2b, contained in a birth 
19.5 	record or recognition of parentage identifying a child who is subject to threatened injury 
19.6 	under paragraph (p), the Department of Human Services shall send the data to the responsible 
19.7 	social services agency. The data is known as "birth match" data. Unless the responsible 
19.8 	social services agency has already begun an investigation or assessment of the report due 
19.9 	to the birth of the child or execution of the recognition of parentage and the parent's previous 
19.10 	history with child protection, the agency shall accept the birth match data as a report under 
19.11 	this section. The agency may use either a family assessment or investigation to determine 
19.12 	whether the child is safe. All of the provisions of this section apply. If the child is determined 
19.13 	to be safe, the agency shall consult with the county attorney to determine the appropriateness 
19.14 	of filing a petition alleging the child is in need of protection or services under section 
19.15 	260C.007, subdivision 6, clause (16), in order to deliver needed services. If the child is 
19.16 	determined not to be safe, the agency and the county attorney shall take appropriate action 
19.17 	as required under section 260C.503, subdivision 2.
19.18 	(r) Persons who conduct assessments or investigations under this section shall take into 
19.19 	account accepted child-rearing practices of the culture in which a child participates and 
19.20 	accepted teacher discipline practices, which are not injurious to the child's health, welfare, 
19.21 	and safety.

19.22 	Sec. 8. Minnesota Statutes 2017 Supplement, section 626.556, subdivision 3, is amended 
19.23 	to read:
19.24 		Subd. 3.Persons mandated to report; persons voluntarily reporting. (a) A person 
19.25 	who knows or has reason to believe a child is being neglected or physically or sexually 
19.26 	abused, as defined in subdivision 2, or has been neglected or physically or sexually abused 
19.27 	within the preceding three years, shall immediately report the information to the local welfare 
19.28 	agency, agency responsible for assessing or investigating the report, police department, 
19.29 	county sheriff, tribal social services agency, or tribal police department if the person is:
19.30 	(1) a professional or professional's delegate who is engaged in the practice of the healing 
19.31 	arts, social services, hospital administration, psychological or psychiatric treatment, child 
19.32 	care, education, correctional supervision, probation and correctional services, or law 
19.33 	enforcement; or
20.1 	(2) employed as a member of the clergy and received the information while engaged in 
20.2 	ministerial duties, provided that a member of the clergy is not required by this subdivision 
20.3 	to report information that is otherwise privileged under section 595.02, subdivision 1, 
20.4 	paragraph (c).; or
20.5 	(3) a member of the Professional Educator Licensing and Standards Board or the Board 
20.6 	of School Administrators.
20.7 	(b) Any person may voluntarily report to the local welfare agency, agency responsible 
20.8 	for assessing or investigating the report, police department, county sheriff, tribal social 
20.9 	services agency, or tribal police department if the person knows, has reason to believe, or 
20.10 	suspects a child is being or has been neglected or subjected to physical or sexual abuse.
20.11 	(c) A person mandated to report physical or sexual child abuse or neglect occurring 
20.12 	within a licensed facility shall report the information to the agency responsible for licensing 
20.13 	or certifying the facility under sections 144.50 to 144.58; 241.021; 245A.01 to 245A.16; 
20.14 	or chapter 144H, 245D, or 245H; or a nonlicensed personal care provider organization as 
20.15 	defined in section 256B.0625, subdivision 19a. A health or corrections agency receiving a 
20.16 	report may request the local welfare agency to provide assistance pursuant to subdivisions 
20.17 	10, 10a, and 10b. A board or other entity whose licensees perform work within a school 
20.18 	facility, upon receiving a complaint of alleged maltreatment, shall provide information about 
20.19 	the circumstances of the alleged maltreatment to the commissioner of education. Section 
20.20 	13.03, subdivision 4, applies to data received by the commissioner of education from a 
20.21 	licensing entity.
20.22 	(d) Notification requirements under subdivision 10 apply to all reports received under 
20.23 	this section.
20.24 	(e) For purposes of this section, "immediately" means as soon as possible but in no event 
20.25 	longer than 24 hours.

20.26 	EFFECTIVE DATE. This section is effective the day following final enactment.

20.27 	Sec. 9. Minnesota Statutes 2016, section 626.556, subdivision 10a, is amended to read:
20.28 		Subd. 10a.Law enforcement agency responsibility for investigation; welfare agency 
20.29 	reliance on law enforcement fact-finding; welfare agency offer of services. (a) If the 
20.30 	report alleges neglect, physical abuse, or sexual abuse by a person who is not a parent, 
20.31 	guardian, sibling, person responsible for the child's care functioning within the family unit, 
20.32 	or a person who lives in the child's household and who has a significant relationship to the 
20.33 	child, in a setting other than a facility as defined in subdivision 2, the local welfare agency 
21.1 	shall immediately notify the appropriate law enforcement agency, which shall conduct an 
21.2 	investigation of the alleged abuse or neglect if a violation of a criminal statute is alleged.
21.3 	(b) The local agency may rely on the fact-finding efforts of the law enforcement 
21.4 	investigation conducted under this subdivision to make a determination whether or not 
21.5 	threatened injury or other maltreatment has occurred under subdivision 2 if an alleged 
21.6 	offender has minor children or lives with minors.
21.7 	(c) If a child is the victim of an alleged crime under paragraph (a), the law enforcement 
21.8 	agency shall immediately notify the local welfare agency, which shall offer appropriate 
21.9 	social services for the purpose of safeguarding and enhancing the welfare of the abused or 
21.10 	neglected minor.
21.11 	(d) The law enforcement agency must report to the Professional Educator Licensing and 
21.12 	Standards Board an investigation under paragraph (a), involving a person licensed by the 
21.13 	board.

21.14 	Sec. 10. Minnesota Statutes 2017 Supplement, section 626.556, subdivision 10e, is amended 
21.15 	to read:
21.16 		Subd. 10e.Determinations. (a) The local welfare agency shall conclude the family 
21.17 	assessment or the investigation within 45 days of the receipt of a report. The conclusion of 
21.18 	the assessment or investigation may be extended to permit the completion of a criminal 
21.19 	investigation or the receipt of expert information requested within 45 days of the receipt of 
21.20 	the report.
21.21 	(b) After conducting a family assessment, the local welfare agency shall determine 
21.22 	whether services are needed to address the safety of the child and other family members 
21.23 	and the risk of subsequent maltreatment.
21.24 	(c) After conducting an investigation, the local welfare agency shall make two 
21.25 	determinations: first, whether maltreatment has occurred; and second, whether child 
21.26 	protective services are needed. No determination of maltreatment shall be made when the 
21.27 	alleged perpetrator is a child under the age of ten.
21.28 	(d) If the commissioner of education conducts an assessment or investigation, the 
21.29 	commissioner shall determine whether maltreatment occurred and what corrective or 
21.30 	protective action was taken by the school facility. If a determination is made that 
21.31 	maltreatment has occurred, the commissioner shall report to the employer, the school board, 
21.32 	and any appropriate licensing entity the determination that maltreatment occurred and what 
21.33 	corrective or protective action was taken by the school facility. In all other cases, the 
22.1 	commissioner shall inform the school board or employer and any appropriate licensing 
22.2 	entity that a report was received, the subject of the report, the date of the initial report, the 
22.3 	category of maltreatment alleged as defined in paragraph (f), the fact that maltreatment was 
22.4 	not determined, and a summary of the specific reasons for the determination.
22.5 	(e) When maltreatment is determined in an investigation involving a facility, the 
22.6 	investigating agency shall also determine whether the facility or individual was responsible, 
22.7 	or whether both the facility and the individual were responsible for the maltreatment using 
22.8 	the mitigating factors in paragraph (i). Determinations under this subdivision must be made 
22.9 	based on a preponderance of the evidence and are private data on individuals or nonpublic 
22.10 	data as maintained by the commissioner of education.
22.11 	(f) For the purposes of this subdivision, "maltreatment" means any of the following acts 
22.12 	or omissions:
22.13 	(1) physical abuse as defined in subdivision 2, paragraph (k);
22.14 	(2) neglect as defined in subdivision 2, paragraph (g);
22.15 	(3) sexual abuse as defined in subdivision 2, paragraph (n);
22.16 	(4) mental injury as defined in subdivision 2, paragraph (f); or
22.17 	(5) maltreatment of a child in a facility as defined in subdivision 2, paragraph (c).
22.18 	(g) For the purposes of this subdivision, a determination that child protective services 
22.19 	are needed means that the local welfare agency has documented conditions during the 
22.20 	assessment or investigation sufficient to cause a child protection worker, as defined in 
22.21 	section 626.559, subdivision 1, to conclude that a child is at significant risk of maltreatment 
22.22 	if protective intervention is not provided and that the individuals responsible for the child's 
22.23 	care have not taken or are not likely to take actions to protect the child from maltreatment 
22.24 	or risk of maltreatment.
22.25 	(h) This subdivision does not mean that maltreatment has occurred solely because the 
22.26 	child's parent, guardian, or other person responsible for the child's care in good faith selects 
22.27 	and depends upon spiritual means or prayer for treatment or care of disease or remedial care 
22.28 	of the child, in lieu of medical care. However, if lack of medical care may result in serious 
22.29 	danger to the child's health, the local welfare agency may ensure that necessary medical 
22.30 	services are provided to the child.
22.31 	(i) When determining whether the facility or individual is the responsible party, or 
22.32 	whether both the facility and the individual are responsible for determined maltreatment in 
22.33 	a facility, the investigating agency shall consider at least the following mitigating factors:
23.1 	(1) whether the actions of the facility or the individual caregivers were according to, 
23.2 	and followed the terms of, an erroneous physician order, prescription, individual care plan, 
23.3 	or directive; however, this is not a mitigating factor when the facility or caregiver was 
23.4 	responsible for the issuance of the erroneous order, prescription, individual care plan, or 
23.5 	directive or knew or should have known of the errors and took no reasonable measures to 
23.6 	correct the defect before administering care;
23.7 	(2) comparative responsibility between the facility, other caregivers, and requirements 
23.8 	placed upon an employee, including the facility's compliance with related regulatory standards 
23.9 	and the adequacy of facility policies and procedures, facility training, an individual's 
23.10 	participation in the training, the caregiver's supervision, and facility staffing levels and the 
23.11 	scope of the individual employee's authority and discretion; and
23.12 	(3) whether the facility or individual followed professional standards in exercising 
23.13 	professional judgment.
23.14 	The evaluation of the facility's responsibility under clause (2) must not be based on the 
23.15 	completeness of the risk assessment or risk reduction plan required under section 245A.66, 
23.16 	but must be based on the facility's compliance with the regulatory standards for policies 
23.17 	and procedures, training, and supervision as cited in Minnesota Statutes and Minnesota 
23.18 	Rules.
23.19 	(j) Notwithstanding paragraph (i), when maltreatment is determined to have been 
23.20 	committed by an individual who is also the facility license or certification holder, both the 
23.21 	individual and the facility must be determined responsible for the maltreatment, and both 
23.22 	the background study disqualification standards under section 245C.15, subdivision 4, and 
23.23 	the licensing or certification actions under section 245A.06, 245A.07, 245H.06, or 245H.07
23.24 	apply.