1.1 	A bill for an act
1.2 	relating to children; reorganizing and clarifying sections relating to child 
1.3 	maltreatment and neglect; making technical changes;amending Minnesota Statutes 
1.4 	2018, sections 13.32, subdivision 3; 13.3805, subdivision 3; 13.43, subdivision 
1.5 	14; 13.82, subdivisions 8, 9, 17; 13.821; 13.84, subdivision 9; 13.871, subdivision 
1.6 	6; 13.88; 120B.22, subdivision 2; 125A.0942, subdivision 4; 135A.15, subdivision 
1.7 	10; 144.225, subdivision 2b; 144.343, subdivision 4; 144.7065, subdivision 10; 
1.8 	144.7068; 144A.472, subdivision 1; 144A.479, subdivision 6; 144A.4796, 
1.9 	subdivision 6; 144H.16, subdivision 1; 144H.18, subdivision 3; 145.902, 
1.10 	subdivision 3; 145.952, subdivision 2; 146A.025; 148E.240, subdivision 7; 148F.13, 
1.11 	subdivision 12; 148F.205, subdivision 1; 153B.70; 214.103, subdivision 8; 214.104; 
1.12 	245.8261, subdivision 9; 245A.04, subdivision 5; 245A.06, subdivision 8; 245A.07, 
1.13 	subdivision 5; 245A.08, subdivision 2a; 245A.085; 245A.11, subdivision 7b; 
1.14 	245C.05, subdivision 6; 245C.15, subdivision 4; 245C.16, subdivision 1; 245C.17, 
1.15 	subdivision 3; 245C.21, subdivision 2; 245C.24, subdivision 4; 245C.25; 245C.27, 
1.16 	subdivisions 1, 2; 245C.28, subdivision 1; 245C.29, subdivision 1; 245C.31, 
1.17 	subdivision 1; 245C.32, subdivision 2; 245D.02, subdivision 11; 245D.06, 
1.18 	subdivisions 1, 6; 245D.09, subdivision 4; 245D.32, subdivision 5; 245F.04, 
1.19 	subdivision 1; 245F.15, subdivisions 3, 5; 245F.16, subdivisions 1, 2; 245F.18; 
1.20 	245G.03, subdivision 1; 245G.10, subdivision 3; 245G.11, subdivisions 3, 4; 
1.21 	245G.13, subdivision 2; 254A.09; 256.01, subdivisions 12, 15; 256.045, 
1.22 	subdivisions 3, 3b, 4; 256B.0621, subdivision 4; 256B.0625, subdivision 33; 
1.23 	256B.0945, subdivision 1; 256B.0949, subdivision 16; 256B.0951, subdivision 5; 
1.24 	256B.0954; 256B.097, subdivisions 4, 6; 256B.77, subdivision 17; 256B.85, 
1.25 	subdivision 12a; 256E.21, subdivision 5; 256F.10, subdivisions 1, 4; 256L.07, 
1.26 	subdivision 4; 256M.10, subdivision 2; 256M.40, subdivision 1; 256M.41, 
1.27 	subdivision 1; 257.0764; 260.012; 260.761, subdivision 2; 260B.171, subdivision 
1.28 	6; 260C.007, subdivisions 3, 5, 6, 13; 260C.150, subdivision 3; 260C.171, 
1.29 	subdivision 3; 260C.177; 260C.209, subdivision 2; 260C.212, subdivision 12; 
1.30 	260C.221; 260C.503, subdivision 2; 260D.01; 260D.02, subdivisions 3, 5; 388.051, 
1.31 	subdivision 2; 518.165, subdivisions 2, 5; 524.5-118, subdivision 2; 595.02, 
1.32 	subdivisions 1, 2; 609.26, subdivision 7; 609.3457, subdivision 2; 609.379, 
1.33 	subdivision 2; 609.507; 609.7495, subdivision 1; 611A.203, subdivision 4; 611A.90, 
1.34 	subdivision 1; 626.557, subdivision 9d; Minnesota Statutes 2019 Supplement, 
1.35 	sections 13.46, subdivisions 3, 4; 122A.20, subdivision 2; 122A.40, subdivision 
1.36 	13; 122A.41, subdivision 6; 144A.4796, subdivision 2; 148B.593; 243.166, 
1.37 	subdivision 7; 245A.07, subdivision 3; 245A.145, subdivision 1; 245A.40, 
1.38 	subdivision 1; 245G.12; 245G.13, subdivision 1; 245H.11; 254B.04, subdivision 
2.1 	1; 256.01, subdivision 14b; 256B.85, subdivision 10; 260B.198, subdivision 1; 
2.2 	260C.139, subdivision 3; 260C.178, subdivision 1; 260C.201, subdivision 6; 
2.3 	299C.093; proposing coding for new law in Minnesota Statutes, chapter 260A; 
2.4 	repealing Minnesota Statutes 2018, sections 626.556, subdivisions 1, 3, 3a, 3c, 
2.5 	3d, 3f, 4, 4a, 5, 6, 6a, 7, 7a, 8, 9, 10a, 10b, 10c, 10d, 10e, 10f, 10g, 10h, 10i, 10j, 
2.6 	10k, 10l, 10m, 10n, 11a, 11b, 11c, 11d, 12, 14, 15, 16; 626.5561; 626.5562; 
2.7 	626.558; 626.559, subdivisions 1, 1a, 1b, 2, 3, 5; 626.5591; 626.561; Minnesota 
2.8 	Statutes 2019 Supplement, section 626.556, subdivisions 2, 3b, 3e, 10, 11.
2.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.10 	ARTICLE 1
2.11 	REORGANIZATION

2.12 	Section 1. [260A.11] POLICY.
2.13 	(a) The legislature hereby declares that the public policy of this state is to protect children 
2.14 	whose health or welfare may be jeopardized through maltreatment. While it is recognized 
2.15 	that most parents want to keep their children safe, sometimes circumstances or conditions 
2.16 	interfere with their ability to do so. When this occurs, the health and safety of the children 
2.17 	must be of paramount concern. Intervention and prevention efforts must address immediate 
2.18 	concerns for child safety and the ongoing risk of maltreatment and should engage the 
2.19 	protective capacities of families. In furtherance of this public policy, it is the intent of the 
2.20 	legislature under this chapter to:
2.21 	(1) protect children and promote child safety;
2.22 	(2) strengthen the family;
2.23 	(3) make the home, school, and community safe for children by promoting responsible 
2.24 	child care in all settings; and
2.25 	(4) provide, when necessary, a safe temporary or permanent home environment for 
2.26 	maltreated children.
2.27 	(b) In addition, it is the policy of this state to:
2.28 	(1) require the reporting of maltreatment of children in the home, school, and community 
2.29 	settings;
2.30 	(2) provide for the voluntary reporting of maltreatment of children;
2.31 	(3) require an investigation when the report alleges sexual abuse or substantial child 
2.32 	endangerment;
2.33 	(4) provide a family assessment, if appropriate, when the report does not allege sexual 
2.34 	abuse or substantial child endangerment; and
3.1 	(5) provide protective, family support, and family preservation services when needed 
3.2 	in appropriate cases.

3.3 	Sec. 2. [260A.12] MULTIDISCIPLINARY CHILD PROTECTION TEAM.
3.4 		Subdivision 1.Establishment of team. A county shall establish a multidisciplinary 
3.5 	child protection team that may include, but not be limited to, the director of the local welfare 
3.6 	agency or designees, the county attorney or designees, the county sheriff or designees, 
3.7 	representatives of health and education, representatives of mental health or other appropriate 
3.8 	human service or community-based agencies, and parent groups. As used in this section, a 
3.9 	"community-based agency" may include, but is not limited to, schools, social service 
3.10 	agencies, family service and mental health collaboratives, children's advocacy centers, early 
3.11 	childhood and family education programs, Head Start, or other agencies serving children 
3.12 	and families. A member of the team must be designated as the lead person of the team 
3.13 	responsible for the planning process to develop standards for the team's activities with 
3.14 	battered women's and domestic abuse programs and services.
3.15 		Subd. 2.Duties of team. A multidisciplinary child protection team may provide public 
3.16 	and professional education, develop resources for prevention, intervention, and treatment, 
3.17 	and provide case consultation to the local welfare agency or other interested community-based 
3.18 	agencies. The community-based agencies may request case consultation from the 
3.19 	multidisciplinary child protection team regarding a child or family for whom the 
3.20 	community-based agency is providing services. As used in this section, "case consultation" 
3.21 	means a case review process in which recommendations are made concerning services to 
3.22 	be provided to the identified children and family. Case consultation may be performed by 
3.23 	a committee or subcommittee of members representing human services, including mental 
3.24 	health and chemical dependency; law enforcement, including probation and parole; the 
3.25 	county attorney; a children's advocacy center; health care; education; community-based 
3.26 	agencies and other necessary agencies; and persons directly involved in an individual case 
3.27 	as designated by other members performing case consultation.
3.28 		Subd. 3.Sexually exploited youth outreach program. A multidisciplinary child 
3.29 	protection team may assist the local welfare agency, local law enforcement agency, or an 
3.30 	appropriate private organization in developing a program of outreach services for sexually 
3.31 	exploited youth, including homeless, runaway, and truant youth who are at risk of sexual 
3.32 	exploitation. For the purposes of this subdivision, at least one representative of a youth 
3.33 	intervention program or, where this type of program is unavailable, one representative of a 
3.34 	nonprofit agency serving youth in crisis shall be appointed to and serve on the 
4.1 	multidisciplinary child protection team in addition to the standing members of the team. 
4.2 	These services may include counseling, medical care, short-term shelter, alternative living 
4.3 	arrangements, and drop-in centers. A juvenile's receipt of intervention services under this 
4.4 	subdivision may not be conditioned upon the juvenile providing any evidence or testimony.
4.5 		Subd. 4.Information sharing. (a) The local welfare agency may make available to the 
4.6 	case consultation committee or subcommittee all records collected and maintained by the 
4.7 	agency under this chapter and in connection with case consultation. A case consultation 
4.8 	committee or subcommittee member may share information acquired in the member's 
4.9 	professional capacity with the committee or subcommittee to assist in case consultation.
4.10 	(b) Case consultation committee or subcommittee members must annually sign a data 
4.11 	sharing agreement, approved by the commissioner of human services, assuring compliance 
4.12 	with chapter 13. Not public data, as defined in section 13.02, subdivision 8a, may be shared 
4.13 	with members appointed to the committee or subcommittee in connection with an individual 
4.14 	case when the members have signed the data sharing agreement.
4.15 	(c) All data acquired by the case consultation committee or subcommittee in exercising 
4.16 	case consultation duties are confidential as defined in section 13.02, subdivision 3, and shall 
4.17 	not be disclosed except to the extent necessary to perform case consultation, and shall not 
4.18 	be subject to subpoena or discovery.
4.19 	(d) No members of a case consultation committee or subcommittee meeting shall disclose 
4.20 	what transpired at a case consultation meeting, except to the extent necessary to carry out 
4.21 	the case consultation plan. The proceedings and records of the case consultation meeting 
4.22 	are not subject to discovery, and may not be introduced into evidence in any civil or criminal 
4.23 	action against a professional or local welfare agency arising out of the matter or matters 
4.24 	which are the subject of consideration of the case consultation meeting. Information, 
4.25 	documents, or records otherwise available from original sources are not immune from 
4.26 	discovery or use in any civil or criminal action merely because they were presented during 
4.27 	a case consultation meeting. Any person who presented information before the consultation 
4.28 	committee or subcommittee or who is a member shall not be prevented from testifying as 
4.29 	to matters within the person's knowledge. However, in a civil or criminal proceeding a 
4.30 	person shall not be questioned about the person's presentation of information before the 
4.31 	case consultation committee or subcommittee or about opinions formed as a result of the 
4.32 	case consultation meetings.
4.33 	(e) A person who violates this subdivision is subject to the civil remedies and penalties 
4.34 	provided under chapter 13.
5.1 		Subd. 5.Children's advocacy center; definition. (a) For purposes of this section, 
5.2 	"children's advocacy center" means an organization using a multidisciplinary team approach 
5.3 	whose primary purpose is to provide children who have been the victims of abuse and their 
5.4 	nonoffending family members with:
5.5 	(1) support and advocacy;
5.6 	(2) specialized medical evaluation;
5.7 	(3) trauma-focused mental health services; and
5.8 	(4) forensic interviews.
5.9 	(b) Children's advocacy centers provide multidisciplinary case review and the tracking 
5.10 	and monitoring of case progress.

5.11 	Sec. 3. [260A.20] DEFINITIONS.
5.12 		Subdivision 1.Scope. As used in this chapter, the following terms have the meanings 
5.13 	given them unless the specific content indicates otherwise.
5.14 		Subd. 2.Accidental. "Accidental" means a sudden, not reasonably foreseeable, and 
5.15 	unexpected occurrence or event that:
5.16 	(1) is not likely to occur and could not have been prevented by exercise of due care; and
5.17 	(2) if occurring while a child is receiving services from a facility, happens when the 
5.18 	facility and the employee or person providing services in the facility are in compliance with 
5.19 	the laws and rules relevant to the occurrence or event.
5.20 		Subd. 3.Child fatality. "Child fatality" means the death of a child from maltreatment.
5.21 		Subd. 4.Commissioner. "Commissioner" means the commissioner of human services 
5.22 	unless otherwise indicated in this chapter.
5.23 		Subd. 5.Egregious harm. "Egregious harm" means harm under section 260C.007, 
5.24 	subdivision 14, or a similar law of another jurisdiction.
5.25 		Subd. 6.Facility. "Facility" means:
5.26 	(1) a licensed or unlicensed day care facility, certified license-exempt child care center, 
5.27 	residential facility, agency, hospital, sanitarium, or other facility or institution required to 
5.28 	be licensed under sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or chapter 
5.29 	144H, 245D, or 245H;
6.1 	(2) a school as defined in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E; 
6.2 	or
6.3 	(3) a nonlicensed personal care provider organization as defined in section 256B.0625, 
6.4 	subdivision 19a.
6.5 		Subd. 7.Family assessment. "Family assessment" means a comprehensive assessment 
6.6 	of child safety, risk of subsequent maltreatment, and family strengths and needs that is 
6.7 	applied to a maltreatment report that does not allege sexual abuse or substantial child 
6.8 	endangerment. Family assessment does not include a determination as to whether 
6.9 	maltreatment occurred but does determine the need for services to address the safety of 
6.10 	family members and the risk of subsequent maltreatment.
6.11 		Subd. 8.Findings and information. "Findings and information" means a written 
6.12 	summary described in section 260A.87, subdivision 7, paragraph (b), of actions taken or 
6.13 	services rendered by a local welfare agency following receipt of a report.
6.14 		Subd. 9.Immediately. "Immediately" means as soon as possible but in no event longer 
6.15 	than 24 hours.
6.16 		Subd. 10.Interested person acting on behalf of the child. "Interested person acting 
6.17 	on behalf of the child" means a parent or legal guardian; stepparent; grandparent; guardian 
6.18 	ad litem; adult stepbrother, stepsister, or sibling; or adult aunt or uncle; unless the person 
6.19 	has been determined to be the offender who committed the maltreatment.
6.20 		Subd. 11.Investigation. "Investigation" means fact gathering conducted during:
6.21 	(1) a family investigation related to the current safety of a child and the risk of subsequent 
6.22 	maltreatment that determines whether maltreatment occurred and whether child protective 
6.23 	services are needed; or
6.24 	(2) a facility investigation related to duties under section 260A.50.
6.25 		Subd. 12.Maltreatment. "Maltreatment" means any of the following acts or omissions:
6.26 	(1) egregious harm under subdivision 5;
6.27 	(2) neglect under subdivision 15;
6.28 	(3) physical abuse under subdivision 18;
6.29 	(4) sexual abuse under subdivision 20;
6.30 	(5) substantial child endangerment under subdivision 22;
6.31 	(6) threatened injury under subdivision 23;
7.1 	(7) mental injury under subdivision 13; and
7.2 	(8) maltreatment of a child in a facility.
7.3 		Subd. 13.Mental injury. "Mental injury" means an injury to the psychological capacity 
7.4 	or emotional stability of a child as evidenced by an observable or substantial impairment 
7.5 	in the child's ability to function within a normal range of performance and behavior with 
7.6 	due regard to the child's culture.
7.7 		Subd. 14.Near fatality. "Near fatality" means a case in which a physician, advanced 
7.8 	practice registered nurse, or physician assistant determines that a child is in serious or critical 
7.9 	condition as the result of sickness or injury caused by maltreatment.
7.10 		Subd. 15.Neglect. (a) "Neglect" means the commission or omission of any of the acts 
7.11 	specified under clauses (1) to (8), other than by accidental means:
7.12 	(1) failure by a person responsible for a child's care to supply a child with necessary 
7.13 	food, clothing, shelter, health, medical, or other care required for the child's physical or 
7.14 	mental health when reasonably able to do so;
7.15 	(2) failure to protect a child from conditions or actions that seriously endanger the child's 
7.16 	physical or mental health when reasonably able to do so, including a growth delay, which 
7.17 	may be referred to as a failure to thrive, that has been diagnosed by a physician and is due 
7.18 	to parental neglect;
7.19 	(3) failure to provide for necessary supervision or child care arrangements appropriate 
7.20 	for a child after considering factors as the child's age, mental ability, physical condition, 
7.21 	length of absence, or environment, when the child is unable to care for the child's own basic 
7.22 	needs or safety, or the basic needs or safety of another child in their care;
7.23 	(4) failure to ensure that the child is educated as defined in sections 120A.22 and 
7.24 	260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's 
7.25 	child with sympathomimetic medications, consistent with section 125A.091, subdivision 
7.26 	5;
7.27 	(5) prenatal exposure to a controlled substance, as defined in section 253B.02, subdivision 
7.28 	2, used by the mother for a nonmedical purpose, as evidenced by withdrawal symptoms in 
7.29 	the child at birth, results of a toxicology test performed on the mother at delivery or the 
7.30 	child at birth, medical effects or developmental delays during the child's first year of life 
7.31 	that medically indicate prenatal exposure to a controlled substance, or the presence of a 
7.32 	fetal alcohol spectrum disorder;
7.33 	(6) medical neglect, as defined in section 260C.007, subdivision 6, clause (5);
8.1 	(7) chronic and severe use of alcohol or a controlled substance by a person responsible 
8.2 	for the child's care that adversely affects the child's basic needs and safety; or
8.3 	(8) emotional harm from a pattern of behavior that contributes to impaired emotional 
8.4 	functioning of the child, which may be demonstrated by a substantial and observable effect 
8.5 	in the child's behavior, emotional response, or cognition that is not within the normal range 
8.6 	for the child's age and stage of development, with due regard to the child's culture.
8.7 	(b) Nothing in this chapter shall be construed to mean that a child is neglected solely 
8.8 	because the child's parent, guardian, or other person responsible for the child's care in good 
8.9 	faith selects and depends upon spiritual means or prayer for treatment or care of disease or 
8.10 	remedial care of the child in lieu of medical care.
8.11 	(c) This chapter does not impose upon persons not otherwise legally responsible for 
8.12 	providing a child with necessary food, clothing, shelter, education, or medical care a duty 
8.13 	to provide that care.
8.14 		Subd. 16.Person in a current or recent position of authority. "Person in a current or 
8.15 	recent position of authority" means an individual in a position of authority over a child and 
8.16 	includes but is not limited to any person who is a parent or acting in the place of a parent 
8.17 	and charged with any of a parent's rights, duties, or responsibilities to a child, or a person 
8.18 	who is charged with any duty or responsibility for the health, welfare, or supervision of a 
8.19 	child, either independently or through another, no matter how brief, within 120 days 
8.20 	immediately preceding the act. Person in a position of authority includes a psychotherapist.
8.21 		Subd. 17.Person responsible for the child's care. "Person responsible for the child's 
8.22 	care" means (1) an individual functioning within the family unit and having responsibilities 
8.23 	for the care of the child such as a parent, guardian, or other person having similar care 
8.24 	responsibilities, or (2) an individual functioning outside the family unit and having 
8.25 	responsibilities for the care of the child such as a teacher, school administrator, other school 
8.26 	employee or agent, or other lawful custodian of a child having either full-time or short-term 
8.27 	care responsibilities including, but not limited to, day care, babysitting whether paid or 
8.28 	unpaid, counseling, teaching, and coaching.
8.29 		Subd. 18.Physical abuse. (a) "Physical abuse" means any physical injury, mental injury 
8.30 	under subdivision 14, or threatened injury under subdivision 24, inflicted by a person 
8.31 	responsible for the child's care on a child other than by accidental means, or any physical 
8.32 	or mental injury that cannot reasonably be explained by the child's history of injuries, or 
8.33 	any aversive or deprivation procedures, or regulated interventions, that have not been 
8.34 	authorized under section 125A.0942 or 245.825.
9.1 	(b) Abuse does not include reasonable and moderate physical discipline of a child 
9.2 	administered by a parent or legal guardian that does not result in an injury. Abuse does not 
9.3 	include the use of reasonable force by a teacher, principal, or school employee as allowed 
9.4 	by section 121A.582.
9.5 	(c) For the purposes of this subdivision, actions that are not reasonable and moderate 
9.6 	include, but are not limited to, any of the following:
9.7 	(1) throwing, kicking, burning, biting, or cutting a child;
9.8 	(2) striking a child with a closed fist;
9.9 	(3) shaking a child under age three;
9.10 	(4) striking or other actions that result in any nonaccidental injury to a child under 18 
9.11 	months of age;
9.12 	(5) unreasonable interference with a child's breathing;
9.13 	(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;
9.14 	(7) striking a child under age one on the face or head;
9.15 	(8) striking a child who is at least age one but under age four on the face or head, which 
9.16 	results in an injury;
9.17 	(9) purposely giving a child:
9.18 	(i) poison, alcohol, or dangerous, harmful, or controlled substances that were not 
9.19 	prescribed for the child by a practitioner in order to control or punish the child; or
9.20 	(ii) other substances that substantially affect the child's behavior, motor coordination, 
9.21 	or judgment; that result in sickness or internal injury; or that subject the child to medical 
9.22 	procedures that would be unnecessary if the child were not exposed to the substances;
9.23 	(10) unreasonable physical confinement or restraint not permitted under section 609.379, 
9.24 	including but not limited to tying, caging, or chaining; or
9.25 	(11) in a school facility or school zone, an act by a person responsible for the child's 
9.26 	care that is a violation under section 121A.58.
9.27 		Subd. 19.Report. "Report" means any communication received by the local welfare 
9.28 	agency, police department, county sheriff, or agency responsible for child protection pursuant 
9.29 	to this section that describes maltreatment of a child and contains sufficient content to 
9.30 	identify the child and any person believed to be responsible for the maltreatment, if known.
10.1 		Subd. 20.Sexual abuse. "Sexual abuse" means the subjection of a child by a person 
10.2 	responsible for the child's care, by a person who has a significant relationship to the child, 
10.3 	or by a person in a current or recent position of authority, to any act that constitutes a 
10.4 	violation of section 609.342 (criminal sexual conduct in the first degree), 609.343 (criminal 
10.5 	sexual conduct in the second degree), 609.344 (criminal sexual conduct in the third degree), 
10.6 	609.345 (criminal sexual conduct in the fourth degree), 609.3451 (criminal sexual conduct 
10.7 	in the fifth degree), or 609.352 (solicitation of children to engage in sexual conduct; 
10.8 	communication of sexually explicit materials to children). Sexual abuse also includes any 
10.9 	act involving a child that constitutes a violation of prostitution offenses under sections 
10.10 	609.321 to 609.324 or 617.246. Sexual abuse includes all reports of known or suspected 
10.11 	child sex trafficking involving a child who is identified as a victim of sex trafficking. Sexual 
10.12 	abuse includes child sex trafficking as defined in section 609.321, subdivisions 7a and 7b. 
10.13 	Sexual abuse includes threatened sexual abuse, which includes the status of a parent or 
10.14 	household member who has committed a violation that requires registration as an offender 
10.15 	under section 243.166, subdivision 1b, paragraph (a) or (b), or required registration under 
10.16 	section 243.166, subdivision 1b, paragraph (a) or (b).
10.17 		Subd. 21.Significant relationship. "Significant relationship" means a situation in which 
10.18 	the alleged offender is:
10.19 	(1) the child's parent, stepparent, or guardian;
10.20 	(2) any of the following persons related to the child by blood, marriage, or adoption: 
10.21 	brother, sister, stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece, grandparent, 
10.22 	great-grandparent, great-uncle, great-aunt; or
10.23 	(3) an adult who jointly resides intermittently or regularly in the same dwelling as the 
10.24 	child and who is not the child's spouse.
10.25 		Subd. 22.Substantial child endangerment. "Substantial child endangerment" means 
10.26 	that a person responsible for a child's care, by act or omission, commits or attempts to 
10.27 	commit an act against a child under their care that constitutes any of the following:
10.28 	(1) egregious harm under subdivision 5;
10.29 	(2) abandonment under section 260C.301, subdivision 2;
10.30 	(3) neglect under subdivision 15, paragraph (a), clause (2), that substantially endangers 
10.31 	the child's physical or mental health, including a growth delay, which may be referred to 
10.32 	as failure to thrive, that has been diagnosed by a physician and is due to parental neglect;
10.33 	(4) murder in the first, second, or third degree under section 609.185, 609.19, or 609.195;
11.1 	(5) manslaughter in the first or second degree under section 609.20 or 609.205;
11.2 	(6) assault in the first, second, or third degree under section 609.221, 609.222, or 609.223;
11.3 	(7) solicitation, inducement, and promotion of prostitution under section 609.322;
11.4 	(8) criminal sexual conduct under sections 609.342 to 609.3451;
11.5 	(9) solicitation of children to engage in sexual conduct under section 609.352;
11.6 	(10) malicious punishment or neglect or endangerment of a child under section 609.377 
11.7 	or 609.378;
11.8 	(11) use of a minor in sexual performance under section 617.246; or
11.9 	(12) parental behavior, status, or condition that mandates that the county attorney file a 
11.10 	termination of parental rights petition under section 260C.503, subdivision 2.
11.11 		Subd. 23.Threatened injury. (a) "Threatened injury" means a statement, overt act, 
11.12 	condition, or status that represents a substantial risk of physical or sexual abuse or mental 
11.13 	injury.
11.14 	(b) Threatened injury includes, but is not limited to, exposing a child to a person 
11.15 	responsible for the child's care, as defined in subdivision 17, who has:
11.16 	(1) subjected a child to, or failed to protect a child from, an overt act or condition that 
11.17 	constitutes egregious harm under subdivision 5 or a similar law of another jurisdiction;
11.18 	(2) been found to be palpably unfit under section 260C.301, subdivision 1, paragraph 
11.19 	(b), clause (4), or a similar law of another jurisdiction;
11.20 	(3) committed an act that resulted in an involuntary termination of parental rights under 
11.21 	section 260C.301, or a similar law of another jurisdiction; or
11.22 	(4) committed an act that resulted in the involuntary transfer of permanent legal and 
11.23 	physical custody of a child to a relative under Minnesota Statutes 2010, section 260C.201, 
11.24 	subdivision 11, paragraph (d), clause (1), section 260C.515, subdivision 4, or a similar law 
11.25 	of another jurisdiction.
11.26 	(c) A child is the subject of a report of threatened injury when the local welfare agency 
11.27 	receives birth match data under section 260A.33, subdivision 4, from the Department of 
11.28 	Human Services.

12.1 	Sec. 4. [260A.21] EVIDENCE.
12.2 	No evidence relating to the maltreatment of a child or to any prior incident of 
12.3 	maltreatment involving any of the same persons accused of maltreatment shall be excluded 
12.4 	in any proceeding arising out of the alleged maltreatment on the grounds of privilege set 
12.5 	forth in section 595.02, subdivision 1, paragraph (a), (d), or (g).

12.6 	Sec. 5. [260A.22] CULTURAL PRACTICES.
12.7 	A person who conducts an assessment or investigation under this chapter shall take into 
12.8 	account accepted child-rearing practices of the culture in which a child participates and 
12.9 	accepted teacher discipline practices that are not injurious to the child's health, welfare, and 
12.10 	safety.

12.11 	Sec. 6. [260A.23] MALTREATMENT REPORTING.
12.12 		Subdivision 1.Mandatory reporters. (a) A person who knows or has reason to believe 
12.13 	a child is being maltreated, as defined in section 260A.20, or has been maltreated within 
12.14 	the preceding three years, shall immediately report the information to the local welfare 
12.15 	agency, agency responsible for assessing or investigating the report, police department, 
12.16 	county sheriff, tribal social services agency, or tribal police department if the person is:
12.17 	(1) a professional or professional's delegate who is engaged in the practice of the healing 
12.18 	arts, social services, hospital administration, psychological or psychiatric treatment, child 
12.19 	care, education, correctional supervision, probation and correctional services, or law 
12.20 	enforcement; or
12.21 	(2) employed as a member of the clergy and received the information while engaged in 
12.22 	ministerial duties, provided that a member of the clergy is not required by this subdivision 
12.23 	to report information that is otherwise privileged under section 595.02, subdivision 1, 
12.24 	paragraph (c).
12.25 	(b) "Practice of social services," for the purposes of this subdivision, includes but is not 
12.26 	limited to employee assistance counseling and the provision of guardian ad litem and 
12.27 	parenting time expeditor services.
12.28 		Subd. 2.Voluntary reporters. Any person may voluntarily report to the local welfare 
12.29 	agency, agency responsible for assessing or investigating the report, police department, 
12.30 	county sheriff, tribal social services agency, or tribal police department if the person knows, 
12.31 	has reason to believe, or suspects a child is being or has been maltreated.
13.1 		Subd. 3.Reporting in cases where selection of spiritual means or prayer for 
13.2 	treatment or care may cause serious danger to child's health. If the child's parent, 
13.3 	guardian, or other person responsible for the child's care in good faith selects and depends 
13.4 	upon spiritual means or prayer for treatment or care of disease or remedial care of the child 
13.5 	in lieu of medical care, the parent, guardian, or caretaker, or a person mandated to report 
13.6 	pursuant to subdivision 1, has a duty to report if a lack of medical care may cause serious 
13.7 	danger to the child's health.
13.8 		Subd. 4.Licensing board duty to report. A board or other entity whose licensees 
13.9 	perform work within a school facility, upon receiving a complaint of alleged maltreatment, 
13.10 	shall report the alleged maltreatment to the commissioner of education.

13.11 	Sec. 7. [260A.24] RETALIATION PROHIBITED.
13.12 	(a) An employer of any person required to make reports under section 260A.23, 
13.13 	subdivision 1, or 260A.28, subdivision 1, shall not retaliate against the person for reporting 
13.14 	in good faith maltreatment pursuant to this chapter or against a child with respect to whom 
13.15 	a report is made, because of the report.
13.16 	(b) The employer of any person required to report under section 260A.23, subdivision 
13.17 	1, or 260A.28, subdivision 1, who retaliates against the person because of a report of 
13.18 	maltreatment is liable to that person for actual damages and, in addition, a penalty of up to 
13.19 	$10,000.
13.20 	(c) There shall be a rebuttable presumption that any adverse action within 90 days of a 
13.21 	report is retaliatory. For purposes of this paragraph, the term "adverse action" refers to action 
13.22 	taken by an employer of a person required to report under section 260A.23, subdivision 1, 
13.23 	or 260A.28, subdivision 1, which is involved in a report against the person making the report 
13.24 	or the child with respect to whom the report was made because of the report, and includes, 
13.25 	but is not limited to:
13.26 	(1) discharge, suspension, termination, or transfer from the facility, institution, school, 
13.27 	or agency;
13.28 	(2) discharge from or termination of employment;
13.29 	(3) demotion or reduction in remuneration for services; or
13.30 	(4) restriction or prohibition of access to the facility, institution, school, agency, or 
13.31 	persons affiliated with it.

14.1 	Sec. 8. [260A.25] CRIMINAL PENALTIES FOR FAILURE TO REPORT; CIVIL 
14.2 	PENALTY FOR MAKING FALSE REPORT.
14.3 	(a) A person mandated by section 260A.23, subdivision 1, to report who knows or has 
14.4 	reason to believe that a child is maltreated, as defined in section 260A.20, or has been 
14.5 	maltreated within the preceding three years, and fails to report is guilty of a misdemeanor.
14.6 	(b) A person mandated by section 260A.23, subdivision 1, to report who knows or has 
14.7 	reason to believe that two or more children not related to the offender have been maltreated, 
14.8 	as defined in section 260A.20, by the same offender within the preceding ten years, and 
14.9 	fails to report is guilty of a gross misdemeanor.
14.10 	(c) A parent, guardian, or caretaker who knows or reasonably should know that the 
14.11 	child's health is in serious danger and who fails to report as required by section 260A.23, 
14.12 	subdivision 3, is guilty of a gross misdemeanor if the child suffers substantial or great bodily 
14.13 	harm because of the lack of medical care. If the child dies because of the lack of medical 
14.14 	care, the person is guilty of a felony and may be sentenced to imprisonment for not more 
14.15 	than two years or to payment of a fine of not more than $4,000, or both. The provision in 
14.16 	section 609.378, subdivision 1, paragraph (a), clause (1), providing that a parent, guardian, 
14.17 	or caretaker may, in good faith, select and depend on spiritual means or prayer for treatment 
14.18 	or care of a child, does not exempt a parent, guardian, or caretaker from the duty to report 
14.19 	under this chapter.
14.20 	(d) Any person who knowingly or recklessly makes a false report under the provisions 
14.21 	of this chapter shall be liable in a civil suit for any actual damages suffered by the person 
14.22 	or persons so reported and for any punitive damages set by the court or jury, plus costs and 
14.23 	reasonable attorney fees.

14.24 	Sec. 9. [260A.26] REPORTING REQUIREMENTS.
14.25 	(a) An oral report shall be made immediately by telephone or otherwise. An oral report 
14.26 	made by a person required under section 260A.23, subdivision 1, to report shall be followed 
14.27 	within 72 hours, exclusive of weekends and holidays, by a report in writing to the appropriate 
14.28 	police department, the county sheriff, the agency responsible for assessing or investigating 
14.29 	the report, or the local welfare agency.
14.30 	(b) Any report shall be of sufficient content to identify the child, any person believed 
14.31 	to be responsible for the maltreatment of the child if the person is known, the nature and 
14.32 	extent of the maltreatment, and the name and address of the reporter. The local welfare 
14.33 	agency or agency responsible for assessing or investigating the report shall accept a report 
15.1 	made under section 260A.23 notwithstanding refusal by a reporter to provide the reporter's 
15.2 	name or address as long as the report is otherwise sufficient under this paragraph.

15.3 	Sec. 10. [260A.27] NOTIFICATION TO REPORTERS.
15.4 		Subdivision 1.Screening notification. If requested, the agency responsible for assessing 
15.5 	or investigating a report shall inform the reporter within ten days after the report was made, 
15.6 	either orally or in writing, whether the report was accepted or not. If the responsible agency 
15.7 	determines the report does not constitute a report under this chapter, the agency shall advise 
15.8 	the reporter that the report was screened out.
15.9 		Subd. 2.Final notification. Any person mandated to report shall receive a summary of 
15.10 	the disposition of any report made by that reporter, including whether the case has been 
15.11 	opened for child protection or other services, or if a referral has been made to a community 
15.12 	organization, unless release would be detrimental to the best interests of the child. Any 
15.13 	person who is not mandated to report shall, upon request to the local welfare agency, receive 
15.14 	a concise summary of the disposition of any report made by that reporter, unless release 
15.15 	would be detrimental to the best interests of the child.

15.16 	Sec. 11. [260A.28] AGENCY DESIGNATED TO RECEIVE REPORTS.
15.17 		Subdivision 1.Reports of maltreatment in facility. A person mandated to report child 
15.18 	maltreatment occurring within a licensed facility shall report the information to the agency 
15.19 	responsible for licensing or certifying the facility under sections 144.50 to 144.58, 241.021, 
15.20 	and 245A.01 to 245A.16; or chapter 144H, 245D, or 245H; or a nonlicensed personal care 
15.21 	provider organization as defined in section 256B.0625, subdivision 19a.
15.22 		Subd. 2.Reporting deprivation of parental rights or kidnapping to law 
15.23 	enforcement. A person mandated to report under section 260A.23, subdivision 1, who 
15.24 	knows or has reason to know of a violation of section 609.25 or 609.26 shall report the 
15.25 	information to the local police department or the county sheriff.
15.26 		Subd. 3.Report to medical examiner or coroner; notification to local agency and 
15.27 	law enforcement; report ombudsman. (a) A person mandated to report maltreatment who 
15.28 	knows or has reason to believe a child has died as a result of maltreatment shall report that 
15.29 	information to the appropriate medical examiner or coroner instead of the local welfare 
15.30 	agency, police department, or county sheriff.
15.31 	(b) The medical examiner or coroner shall notify the local welfare agency, police 
15.32 	department, or county sheriff in instances in which the medical examiner or coroner believes 
16.1 	that the child has died as a result of maltreatment. The medical examiner or coroner shall 
16.2 	complete an investigation as soon as feasible and report the findings to the police department 
16.3 	or county sheriff and the local welfare agency.
16.4 	(c) If the child was receiving services or treatment for mental illness, developmental 
16.5 	disability, chemical dependency, or emotional disturbance from an agency, facility, or 
16.6 	program as defined in section 245.91, the medical examiner or coroner shall also notify and 
16.7 	report findings to the ombudsman established under sections 245.91 to 245.97.

16.8 	Sec. 12. [260A.31] REQUIRED ACTIONS OF THE RESPONSIBLE AGENCY AND 
16.9 	LAW ENFORCEMENT UPON RECEIVING REPORT.
16.10 		Subdivision 1.Police department or county sheriff. (a) The police department or the 
16.11 	county sheriff shall immediately notify the local welfare agency or agency responsible for 
16.12 	child protection reports under this chapter orally and in writing when a report is received.
16.13 	(b) Written reports received by a police department or the county sheriff shall be 
16.14 	forwarded immediately to the local welfare agency or the agency responsible for assessing 
16.15 	or investigating the report. The police department or the county sheriff may keep copies of 
16.16 	reports received by them.
16.17 	(c) The county sheriff and the head of each local welfare agency, agency responsible 
16.18 	for child protection reports, and police department shall designate a person within the agency, 
16.19 	department, or office who is responsible for ensuring that the notification duties of this 
16.20 	section are carried out. If the alleged maltreatment occurs on tribal land, the local welfare 
16.21 	agency or agency responsible for child protection reports and the local police department 
16.22 	or county sheriff shall immediately notify the tribe's social services agency and tribal law 
16.23 	enforcement orally and in writing when a report is received. When a police department or 
16.24 	county determines that a child has been the subject of maltreatment by a person licensed 
16.25 	by the Professional Educator Licensing and Standards Board or the Board of School 
16.26 	Administrators, the department or sheriff shall, in addition to other duties under this section, 
16.27 	immediately inform the licensing board.
16.28 	(d) If a child is the victim of an alleged crime under subdivision 2, paragraph (c), the 
16.29 	law enforcement agency shall immediately notify the local welfare agency, which shall 
16.30 	offer appropriate social services for the purpose of safeguarding and enhancing the welfare 
16.31 	of the maltreated child.
16.32 		Subd. 2.Local welfare agency or agency responsible for maltreatment report. (a) 
16.33 	The local welfare agency or agency responsible for child protection reports shall immediately 
17.1 	notify the local police department or the county sheriff orally and in writing when a report 
17.2 	is received.
17.3 	(b) Copies of written reports received by a local welfare agency or the agency responsible 
17.4 	for assessing or investigating the report shall be forwarded immediately to the local police 
17.5 	department or the county sheriff.
17.6 	(c) Receipt by a local welfare agency of a report or notification of a report of kidnapping 
17.7 	under section 609.25 or depriving another of custodial or parental rights under section 
17.8 	609.26 shall not be construed to invoke the duties under this chapter except notification of 
17.9 	law enforcement and the offer of services under section 260A.39, subdivision 1, paragraph 
17.10 	(a), as appropriate.
17.11 		Subd. 3.Penalties for failure to cross notify. (a) If a local welfare agency receives a 
17.12 	report under section 260A.23 and fails to notify the local police department or county sheriff 
17.13 	as required by subdivision 2, the person within the agency who is responsible for ensuring 
17.14 	that notification is made shall be subject to disciplinary action in keeping with the agency's 
17.15 	existing policy or collective bargaining agreement on discipline of employees.
17.16 	(b) If a local police department or a county sheriff receives a report under section 260A.23 
17.17 	and fails to notify the local welfare agency as required by subdivision 1, the person within 
17.18 	the police department or county sheriff's office who is responsible for ensuring that 
17.19 	notification is made shall be subject to disciplinary action in keeping with the agency's 
17.20 	existing policy or collective bargaining agreement on discipline of employees.

17.21 	Sec. 13. [260A.32] REPORT TO OMBUDSMAN.
17.22 	When a local welfare agency receives a report or otherwise has information indicating 
17.23 	that a child who is a client, as defined in section 245.91, has been the subject of maltreatment 
17.24 	at an agency, facility, or program, as defined in section 245.91, the local welfare agency 
17.25 	shall, in addition to its other duties under this chapter, immediately inform the ombudsman 
17.26 	established under sections 245.91 to 245.97. The commissioner of education shall inform 
17.27 	the ombudsman established under sections 245.91 to 245.97 of reports regarding a child 
17.28 	who is a client, as defined in section 245.91, that maltreatment occurred at a school as 
17.29 	defined in section 120A.05, subdivisions 9, 11, and 13, and chapter 124E.

18.1 	Sec. 14. [260A.33] AGENCY RESPONSIBLE FOR SCREENING AND 
18.2 	ASSESSMENT OR INVESTIGATION.
18.3 		Subdivision 1.Facilities and schools. (a) The local welfare agency is the agency 
18.4 	responsible for investigating allegations of maltreatment in child foster care, family child 
18.5 	care, legally nonlicensed child care, and reports involving children served by an unlicensed 
18.6 	personal care provider organization under section 256B.0659. Copies of findings related to 
18.7 	personal care provider organizations under section 256B.0659 must be forwarded to the 
18.8 	Department of Human Services provider enrollment.
18.9 	(b) The Department of Human Services is the agency responsible for screening and 
18.10 	investigating allegations of maltreatment in juvenile correctional facilities listed under 
18.11 	section 241.021 located in the local welfare agency's county and in facilities licensed or 
18.12 	certified under chapters 245A, 245D, and 245G, except for child foster care and family 
18.13 	child care.
18.14 	(c) The Department of Health is the agency responsible for screening and investigating 
18.15 	allegations of maltreatment in facilities licensed under sections 144.50 to 144.58 and 144A.43 
18.16 	to 144A.482 or chapter 144H.
18.17 	(d) The Department of Education is the agency responsible for screening and investigating 
18.18 	allegations of maltreatment in a school as defined in section 120A.05, subdivisions 9, 11, 
18.19 	and 13, and chapter 124E. The Department of Education's responsibility to screen and 
18.20 	investigate includes allegations of maltreatment involving students 18 to 21 years of age, 
18.21 	including students receiving special education services, up to and including graduation and 
18.22 	the issuance of a secondary or high school diploma.
18.23 	(e) A health or corrections agency receiving a report may request the local welfare agency 
18.24 	to provide assistance pursuant to this section and sections 260A.38 and 260A.41.
18.25 		Subd. 2.Sexual abuse. (a) The local welfare agency is the agency responsible for 
18.26 	investigating an allegation of sexual abuse if the alleged offender is the parent, guardian, 
18.27 	sibling, or an individual functioning within the family unit as a person responsible for the 
18.28 	child's care, or a person with a significant relationship to the child if that person resides in 
18.29 	the child's household.
18.30 	(b) The local welfare agency is also responsible for investigating when a child is identified 
18.31 	as a victim of sex trafficking.
18.32 		Subd. 3.Neglect or physical abuse. The local welfare agency is responsible for 
18.33 	immediately conducting a family assessment or investigation if the report alleges neglect 
19.1 	or physical abuse by a parent, guardian, or individual functioning within the family unit as 
19.2 	a person responsible for the child's care.
19.3 		Subd. 4.Birth match. (a) Upon receiving data under section 144.225, subdivision 2b, 
19.4 	contained in a birth record or recognition of parentage identifying a child who is subject to 
19.5 	threatened injury under section 260A.20, subdivision 23, the Department of Human Services 
19.6 	shall send the data to the responsible local welfare agency. The data is known as "birth 
19.7 	match data."
19.8 	(b) Unless the responsible local welfare agency has already begun an investigation or 
19.9 	assessment of the report due to the birth of the child or execution of the recognition of 
19.10 	parentage and the parent's previous history with child protection, the agency shall accept 
19.11 	the birth match data as a report under section 260A.20, subdivision 23.
19.12 		Subd. 5.Law enforcement. (a) The local law enforcement agency is the agency 
19.13 	responsible for investigating a report of maltreatment if a violation of a criminal statute is 
19.14 	alleged.
19.15 	(b) Law enforcement and the responsible agency must coordinate their investigations 
19.16 	or assessments as required under this chapter when the report alleges maltreatment that is 
19.17 	a violation of a criminal statute by a person who is a parent, guardian, sibling, person 
19.18 	responsible for the child's care functioning within the family unit, or person who lives in 
19.19 	the child's household and who has a significant relationship to the child, in a setting other 
19.20 	than a facility as defined in section 260A.20.

19.21 	Sec. 15. [260A.34] SCREENING GUIDELINES.
19.22 	(a) Child protection staff, supervisors, and others involved in child protection screening 
19.23 	shall follow the guidance provided in the maltreatment screening guidelines issued by the 
19.24 	commissioner and, when notified by the commissioner, shall immediately implement updated 
19.25 	procedures and protocols.
19.26 	(b) Any modification to the screening guidelines must be preapproved by the 
19.27 	commissioner and must not be less protective of children than is mandated by statute. The 
19.28 	county agency must consult with the county attorney before proposing modifications to the 
19.29 	commissioner. The guidelines may provide additional protection for children but must not 
19.30 	limit reports that are screened in or provide additional limits on consideration of reports 
19.31 	that were screened out in making a screening determination.

20.1 	Sec. 16. [260A.35] TIMELINE FOR SCREENING.
20.2 	(a) The local welfare agency shall determine if the report is to be screened in or out as 
20.3 	soon as possible but in no event longer than 24 hours after the report is received.
20.4 	(b) When determining whether a report will be screened in or out, the agency receiving 
20.5 	the report must consider, when relevant, all previous history, including reports that were 
20.6 	screened out. The agency may communicate with treating professionals and individuals 
20.7 	specified under section 260A.87, subdivision 4, paragraph (b).

20.8 	Sec. 17. [260A.36] RESPONSE PATH ASSIGNMENT.
20.9 		Subdivision 1.Local welfare agency. (a) Upon receipt of a report, the local welfare 
20.10 	agency shall determine whether to conduct a family assessment or an investigation as 
20.11 	appropriate to prevent or provide a remedy for maltreatment.
20.12 	(b) The local welfare agency shall conduct an investigation when the report involves 
20.13 	sexual abuse or substantial child endangerment.
20.14 	(c) The local welfare agency shall begin an immediate investigation if, at any time when 
20.15 	the local welfare agency is using a family assessment response, the local welfare agency 
20.16 	determines that there is reason to believe that sexual abuse or substantial child endangerment 
20.17 	or a serious threat to the child's safety exists.
20.18 	(d) The local welfare agency may conduct a family assessment for reports that do not 
20.19 	allege sexual abuse or substantial child endangerment. In determining that a family 
20.20 	assessment is appropriate, the local welfare agency may consider issues of child safety, 
20.21 	parental cooperation, and the need for an immediate response.
20.22 	(e) The local welfare agency may conduct a family assessment on a report that was 
20.23 	initially screened and assigned for an investigation. In determining that a complete 
20.24 	investigation is not required, the local welfare agency must document the reason for 
20.25 	terminating the investigation and notify the local law enforcement agency if the local law 
20.26 	enforcement agency is conducting a joint investigation.
20.27 		Subd. 2.Responsible social service agency. The responsible agency shall conduct an 
20.28 	investigation when the report alleges maltreatment in a facility required to be licensed under 
20.29 	chapter 144H, 245A, 245D, or 245H; under sections 144.50 to 144.58 and 241.021; in a 
20.30 	school as defined in section 120A.05, subdivisions 9, 11, and 13, and chapter 124E; or in 
20.31 	a nonlicensed personal care provider association as defined in section 256B.0625, subdivision 
20.32 	19a.

21.1 	Sec. 18. [260A.37] NOTICE TO CHILD'S TRIBE.
21.2 	The local welfare agency shall provide immediate notice, according to section 260.761, 
21.3 	subdivision 2, to an Indian child's tribe when the agency has reason to believe the family 
21.4 	assessment or investigation may involve an Indian child. For purposes of this section, 
21.5 	"immediate notice" means notice provided within 24 hours.

21.6 	Sec. 19. [260A.38] CONFLICT OF INTEREST.
21.7 	(a) A potential conflict of interest related to assisting in an investigation or assessment 
21.8 	under this chapter resulting in a direct or shared financial interest with a child maltreatment  
21.9 	treatment provider or resulting from a personal or family relationship with a party in the 
21.10 	investigation must be considered by the local welfare agency in an effort to prevent unethical 
21.11 	relationships.
21.12 	(b) A person who conducts an investigation or assessment under this chapter may not 
21.13 	have:
21.14 	(1) any direct or shared financial interest or referral relationship resulting in a direct 
21.15 	shared financial gain with a child maltreatment treatment provider; or
21.16 	(2) a personal or family relationship with a party in the assessment or investigation.
21.17 	(c) If an independent assessor is not available, the person responsible for making the 
21.18 	determination under this chapter may use the services of an assessor with a financial interest, 
21.19 	referral, or personal or family relationship.

21.20 	Sec. 20. [260A.39] AGENCY DUTIES REGARDING INVESTIGATION AND 
21.21 	ASSESSMENT.
21.22 		Subdivision 1.General duties. (a) The local welfare agency shall offer services to 
21.23 	prevent future maltreatment, safeguarding and enhancing the welfare of the maltreated child, 
21.24 	and supporting and preserving family life whenever possible.
21.25 	(b) If the report alleges a violation of a criminal statute involving maltreatment or child 
21.26 	endangerment under section 609.378, the local law enforcement agency and local welfare 
21.27 	agency shall coordinate the planning and execution of their respective investigation and 
21.28 	assessment efforts to avoid a duplication of fact-finding efforts and multiple interviews. 
21.29 	Each agency shall prepare a separate report of the results of the agency's investigation or 
21.30 	assessment.
22.1 	(c) In cases of alleged child maltreatment resulting in death, the local agency may rely 
22.2 	on the fact-finding efforts of a law enforcement investigation to make a determination of 
22.3 	whether or not maltreatment occurred.
22.4 	(d) When necessary, the local welfare agency shall seek authority to remove the child 
22.5 	from the custody of a parent, guardian, or adult with whom the child is living.
22.6 	(e) In performing any of these duties, the local welfare agency shall maintain an 
22.7 	appropriate record.
22.8 	(f) In conducting a family assessment or investigation, the local welfare agency shall 
22.9 	gather information on the existence of substance abuse and domestic violence.
22.10 	(g) If the family assessment or investigation indicates there is a potential for abuse of 
22.11 	alcohol or other drugs by the parent, guardian, or person responsible for the child's care, 
22.12 	the local welfare agency shall conduct a chemical use assessment pursuant to Minnesota 
22.13 	Rules, part 9530.6615.
22.14 	(h) The agency may use either a family assessment or investigation to determine whether 
22.15 	the child is safe when responding to a report resulting from birth match data under section 
22.16 	260A.20, subdivision 23, paragraph (c). If the child subject of birth match data is determined 
22.17 	to be safe, the agency shall consult with the county attorney to determine the appropriateness 
22.18 	of filing a petition alleging the child is in need of protection or services under section 
22.19 	260C.007, subdivision 6, clause (16), in order to deliver needed services. If the child is 
22.20 	determined not to be safe, the agency and the county attorney shall take appropriate action 
22.21 	as required under section 260C.503, subdivision 2.
22.22 		Subd. 2.Face-to-face contact. (a) Upon receipt of a screened in report, the local welfare 
22.23 	agency shall conduct a face-to-face contact with the child reported to be maltreated and 
22.24 	with the child's primary caregiver sufficient to complete a safety assessment and ensure the 
22.25 	immediate safety of the child.
22.26 	(b) The face-to-face contact with the child and primary caregiver shall occur immediately 
22.27 	if sexual abuse or substantial child endangerment is alleged and within five calendar days 
22.28 	for all other reports. If the alleged offender was not already interviewed as the primary 
22.29 	caregiver, the local welfare agency shall also conduct a face-to-face interview with the 
22.30 	alleged offender in the early stages of the assessment or investigation.
22.31 	(c) At the initial contact with the alleged offender, the local welfare agency or the agency 
22.32 	responsible for assessing or investigating the report must inform the alleged offender of the 
22.33 	complaints or allegations made against the individual in a manner consistent with laws 
23.1 	protecting the rights of the person who made the report. The interview with the alleged 
23.2 	offender may be postponed if it would jeopardize an active law enforcement investigation.
23.3 	(d) The local welfare agency or the agency responsible for assessing or investigating 
23.4 	the report must provide the alleged offender with an opportunity to make a statement. The 
23.5 	alleged offender may submit supporting documentation relevant to the assessment or 
23.6 	investigation.
23.7 		Subd. 3.Collection of information. (a) The local welfare agency responsible for 
23.8 	conducting a family assessment or investigation shall collect available and relevant 
23.9 	information to determine child safety, risk of subsequent maltreatment, and family strengths 
23.10 	and needs and share not public information with an Indian's tribal social services agency 
23.11 	without violating any law of the state that may otherwise impose a duty of confidentiality 
23.12 	on the local welfare agency in order to implement the tribal state agreement.
23.13 	(b) The local welfare agency or the agency responsible for investigating the report shall 
23.14 	collect available and relevant information to ascertain whether maltreatment occurred and 
23.15 	whether protective services are needed.
23.16 	(c) Information collected includes, when relevant, information with regard to the person 
23.17 	reporting the alleged maltreatment, including the nature of the reporter's relationship to the 
23.18 	child and to the alleged offender, and the basis of the reporter's knowledge for the report; 
23.19 	the child allegedly being maltreated; the alleged offender; the child's caretaker; and other 
23.20 	collateral sources having relevant information related to the alleged maltreatment.
23.21 	(d) Information relevant to the assessment or investigation must be asked for, and may 
23.22 	include:
23.23 	(1) the child's sex and age; prior reports of maltreatment, including any maltreatment 
23.24 	reports that were screened out and not accepted for assessment or investigation; information 
23.25 	relating to developmental functioning; credibility of the child's statement; and whether the 
23.26 	information provided under this clause is consistent with other information collected during 
23.27 	the course of the assessment or investigation;
23.28 	(2) the alleged offender's age, a record check for prior reports of maltreatment, and 
23.29 	criminal charges and convictions;
23.30 	(3) collateral source information regarding the alleged maltreatment and care of the 
23.31 	child. Collateral information includes, when relevant: (i) a medical examination of the child; 
23.32 	(ii) prior medical records relating to the alleged maltreatment or the care of the child 
23.33 	maintained by any facility, clinic, or health care professional and an interview with the 
24.1 	treating professionals; and (iii) interviews with the child's caretakers, including the child's 
24.2 	parent, guardian, foster parent, child care provider, teachers, counselors, family members, 
24.3 	relatives, and other persons who may have knowledge regarding the alleged maltreatment 
24.4 	and the care of the child; and
24.5 	(4) information on the existence of domestic abuse and violence in the home of the child, 
24.6 	and substance abuse.
24.7 	(e) Nothing in this subdivision precludes the local welfare agency, the local law 
24.8 	enforcement agency, or the agency responsible for assessing or investigating the report from 
24.9 	collecting other relevant information necessary to conduct the assessment or investigation.
24.10 	(f) Notwithstanding section 13.384 or 144.291 to 144.298, the local welfare agency has 
24.11 	access to medical data and records for purposes of paragraph (d), clause (3).
24.12 		Subd. 4.Consultation regarding alleged medical neglect. If the report alleges medical 
24.13 	neglect as defined in section 260C.007, subdivision 6, clause (5), the local welfare agency 
24.14 	shall, in addition to its other duties under this section, immediately consult with designated 
24.15 	hospital staff and with the parents of the infant to verify that appropriate nutrition, hydration, 
24.16 	and medication are being provided; and shall immediately secure an independent medical 
24.17 	review of the infant's medical charts and records and, if necessary, seek a court order for 
24.18 	an independent medical examination of the infant.
24.19 		Subd. 5.Law enforcement fact finding. If the report alleges maltreatment by a person 
24.20 	who is not a parent, guardian, sibling, person responsible for the child's care functioning 
24.21 	within the family unit, or a person who lives in the child's household and who has a 
24.22 	significant relationship to the child, in a setting other than a facility as defined in section 
24.23 	260A.20, the local welfare agency may rely on the fact-finding efforts of the law enforcement 
24.24 	investigation to make a determination whether or not threatened injury or other maltreatment 
24.25 	has occurred under section 260A.20, subdivision 12, if an alleged offender has minor children 
24.26 	or lives with minors.

24.27 	Sec. 21. [260A.40] SCREENED-OUT REPORTS.
24.28 		Subdivision 1.Records. A report that is screened out must be maintained according to 
24.29 	section 260A.87, subdivision 6, paragraph (b).
24.30 		Subd. 2.Offer of social services. A local welfare agency or agency responsible for 
24.31 	investigating or assessing a report may use a screened-out report for making an offer of 
24.32 	social services to the subjects of the screened-out report.

25.1 	Sec. 22. [260A.41] INTERVIEWS.
25.2 		Subdivision 1.Authority to interview. (a) The agency responsible for assessing or 
25.3 	investigating reports of maltreatment has the authority to interview the child, the person or 
25.4 	persons responsible for the child's care, the alleged offender, and any other person with 
25.5 	knowledge of the maltreatment for the purpose of gathering facts, assessing safety and risk 
25.6 	to the child, and formulating a plan.
25.7 	(b) Authority of the local welfare agency responsible for assessing or investigating the 
25.8 	maltreatment report, the agency responsible for assessing or investigating the report, and 
25.9 	the local law enforcement agency responsible for investigating the alleged maltreatment 
25.10 	includes but is not limited to authority to interview, without parental consent, the alleged 
25.11 	victim and any other children who currently reside with or who have resided with the alleged 
25.12 	offender.
25.13 		Subd. 2.Interview procedure. (a) The interview may take place at school or at any 
25.14 	facility or other place where the alleged victim or other children might be found or the child 
25.15 	may be transported to, and the interview may be conducted at a place appropriate for the 
25.16 	interview of a child designated by the local welfare agency or law enforcement agency.
25.17 	(b) The interview may take place outside the presence of the alleged offender or parent, 
25.18 	legal custodian, guardian, or school official.
25.19 	(c) For a family assessment, it is the preferred practice to request a parent or guardian's 
25.20 	permission to interview the child before conducting the child interview, unless doing so 
25.21 	would compromise the safety assessment.
25.22 		Subd. 3.Notification after interview. (a) Except as provided in this subdivision, the 
25.23 	parent, legal custodian, or guardian shall be notified by the responsible agency or local law 
25.24 	enforcement agency no later than the conclusion of the investigation or assessment that this 
25.25 	interview has occurred.
25.26 	(b) Notwithstanding notice required under the Minnesota Rules of Juvenile Protection, 
25.27 	the juvenile court may, after hearing on an ex parte motion by the local welfare agency, 
25.28 	order that, where reasonable cause exists, the agency withhold notification of this interview 
25.29 	from the parent, legal custodian, or guardian. If the interview took place or is to take place 
25.30 	on school property, the order shall specify that school officials may not disclose to the 
25.31 	parent, legal custodian, or guardian the contents of the notification of intent to interview 
25.32 	the child on school property, as provided under this subdivision, and any other related 
25.33 	information regarding the interview that may be a part of the child's school record. A copy 
26.1 	of the order shall be sent by the local welfare or law enforcement agency to the appropriate 
26.2 	school official.
26.3 		Subd. 4.Tennessen notice not required. In conducting investigations and assessments 
26.4 	pursuant to this chapter, the notice required by section 13.04, subdivision 2, need not be 
26.5 	provided to a child under the age of ten who is the alleged victim of maltreatment.
26.6 		Subd. 5.Court order for interview. (a) Where the alleged offender or a person 
26.7 	responsible for the care of the alleged victim or other child prevents access to the victim or 
26.8 	other child by the local welfare agency, the juvenile court may order the parent, legal 
26.9 	custodian, or guardian to produce the alleged victim or other child for questioning by the 
26.10 	local welfare agency or the local law enforcement agency outside the presence of the alleged 
26.11 	offender or any person responsible for the child's care at reasonable places and times as 
26.12 	specified by court order.
26.13 	(b) Before making an order under paragraph (a), the court shall issue an order to show 
26.14 	cause, either upon its own motion or upon a verified petition, specifying the basis for the 
26.15 	requested interview and fixing the time and place of the hearing. The order to show cause 
26.16 	shall be served personally and shall be heard in the same manner as provided in other cases 
26.17 	in the juvenile court. The court shall consider the need for appointment of a guardian ad 
26.18 	litem to protect the best interests of the child. If appointed, the guardian ad litem shall be 
26.19 	present at the hearing on the order to show cause.
26.20 		Subd. 6.Interview format. (a) When conducting an investigation, the local welfare 
26.21 	agency shall use a question and answer interviewing format with questioning as nondirective 
26.22 	as possible to elicit spontaneous responses.
26.23 	(b) For investigations only, the following interviewing methods and procedures must 
26.24 	be used whenever possible when collecting information:
26.25 	(1) audio recording of all interviews with witnesses and collateral sources; and
26.26 	(2) in a case of alleged sexual abuse, audio-video recording of each interview with the 
26.27 	alleged victim and a child witness.
26.28 		Subd. 7.Interviews on school property. (a) When the local welfare agency, local law 
26.29 	enforcement agency, or the agency responsible for assessing or investigating a report of 
26.30 	maltreatment determines that an interview should take place on school property, written 
26.31 	notification of intent to interview the child on school property must be received by school 
26.32 	officials before the interview. The notification shall include the name of the child to be 
26.33 	interviewed, the purpose of the interview, and a reference to the statutory authority to conduct 
27.1 	an interview on school property. For an interview conducted by the local welfare agency, 
27.2 	the notification shall be signed by the chair of the local welfare agency or the chair's designee. 
27.3 	The notification shall be private data on individuals subject to the provisions of this 
27.4 	subdivision. School officials may not disclose to the parent, legal custodian, or guardian 
27.5 	the contents of the notification or any other related information regarding the interview until 
27.6 	notified in writing by the local welfare agency or local law enforcement agency that the 
27.7 	investigation or assessment has been concluded, unless a school employee or agent is alleged 
27.8 	to have maltreated the child. Until that time, the local welfare agency, local law enforcement 
27.9 	agency, or the agency responsible for assessing or investigating a report of maltreatment 
27.10 	shall be solely responsible for any disclosure regarding the nature of the assessment or 
27.11 	investigation.
27.12 	(b) Except where the alleged offender is believed to be a school official or employee, 
27.13 	the time, place, and manner of the interview on school premises shall be within the discretion 
27.14 	of school officials, but the local welfare agency or local law enforcement agency shall have 
27.15 	the exclusive authority to determine who may attend the interview. The conditions as to 
27.16 	time, place, and manner of the interview set by the school officials shall be reasonable, and 
27.17 	the interview shall be conducted not more than 24 hours after the receipt of the notification 
27.18 	unless another time is considered necessary by agreement between the school officials and 
27.19 	the local welfare agency or local law enforcement agency. Where the school fails to comply 
27.20 	with the provisions of this paragraph, the juvenile court may order the school to comply. 
27.21 	Every effort must be made to reduce the disruption of the educational program of the child, 
27.22 	other students, or school staff when an interview is conducted on school premises.

27.23 	Sec. 23. [260A.42] DOCUMENTING INTERVIEWS WITH CHILD 
27.24 	MALTREATMENT VICTIMS.
27.25 		Subdivision 1.Policy. It is the policy of this state to encourage adequate and accurate 
27.26 	documentation of the number and content of interviews conducted with alleged child 
27.27 	maltreatment victims during the course of a child maltreatment assessment or investigation, 
27.28 	criminal investigation, or prosecution, and to discourage interviews that are unnecessary, 
27.29 	duplicative, or otherwise not in the best interests of the child.
27.30 		Subd. 2.Definitions. As used in this section:
27.31 	(1) "government employee" means an employee of a state or local agency, and any 
27.32 	person acting as an agent of a state or local agency;
28.1 	(2) "interview" means a statement of an alleged maltreatment victim which is given or 
28.2 	made to a government employee during the course of a maltreatment assessment or 
28.3 	investigation, criminal investigation, or prosecution; and
28.4 	(3) "record" means an audio or video recording of an interview, or a written record of 
28.5 	an interview.
28.6 		Subd. 3.Record required. Whenever an interview is conducted, the interviewer must 
28.7 	make a record of the interview. The record must contain the following information:
28.8 	(1) the date, time, place, and duration of the interview;
28.9 	(2) the identity of the persons present at the interview; and
28.10 	(3) if the record is in writing, a summary of the information obtained during the interview.
28.11 		Subd. 4.Records maintained. The records shall be maintained by the interviewer in 
28.12 	accordance with applicable provisions of section 260A.87 and chapter 13.
28.13 		Subd. 5.Guidelines on tape recording of interviews. Every county attorney's office 
28.14 	shall be responsible for developing written guidelines on the tape recording of interviews 
28.15 	by government employees who conduct child maltreatment assessments or investigations, 
28.16 	criminal investigations, or prosecutions. The guidelines are public data as defined in section 
28.17 	13.02, subdivision 14.

28.18 	Sec. 24. [260A.43] CONCLUSION OF FAMILY ASSESSMENT OR FAMILY 
28.19 	INVESTIGATION BY LOCAL WELFARE AGENCY.
28.20 		Subdivision 1.Timing. The local welfare agency shall conclude the family assessment 
28.21 	or the investigation within 45 days of the receipt of a report. The conclusion of the assessment 
28.22 	or investigation may be extended to permit the completion of a criminal investigation or 
28.23 	the receipt of expert information requested within 45 days of the receipt of the report.
28.24 		Subd. 2.Determination after family assessment. After conducting a family assessment, 
28.25 	the local welfare agency shall determine whether child protective services are needed to 
28.26 	address the safety of the child and other family members and the risk of subsequent 
28.27 	maltreatment.
28.28 		Subd. 3.Determinations after family investigation. (a) After conducting an 
28.29 	investigation, the local welfare agency shall make two determinations: (1) whether 
28.30 	maltreatment occurred; and (2) whether child protective services are needed.
28.31 	(b) No determination of maltreatment shall be made when the alleged offender is a child 
28.32 	under the age of ten.
29.1 	(c) The local welfare agency or the agency responsible for investigating the report may 
29.2 	make a determination of no maltreatment early in an investigation, and close the case and 
29.3 	retain immunity, if the collected information shows no basis for a full investigation.
29.4 		Subd. 4.Child protective services. For the purposes of this chapter, except for section 
29.5 	260A.91, a determination that child protective services are needed means that the local 
29.6 	welfare agency documented conditions during the assessment or investigation sufficient to 
29.7 	cause a child protection worker, as defined in section 260A.91, to conclude that a child is 
29.8 	at significant risk of maltreatment if protective intervention is not provided and that the 
29.9 	individual or individuals responsible for the child's care have not taken or are not likely to 
29.10 	take action to protect the child from maltreatment or risk of maltreatment.
29.11 		Subd. 5.Notifications at conclusion of family investigation. (a) Within ten working 
29.12 	days of the conclusion of an investigation, the local welfare agency or agency responsible 
29.13 	for investigating the report shall notify the parent or guardian of the child and the person 
29.14 	determined to be maltreating the child, if not the parent or guardian of the child, of the 
29.15 	determination and a summary of the specific reasons for the determination.
29.16 	(b) The notice must include a certification that the information collection procedures 
29.17 	under section 260A.39 were followed and a notice of the right of a data subject to obtain 
29.18 	access to other private data on the subject collected, created, or maintained under this section.
29.19 	(c) In addition, the notice shall include the length of time that the records will be kept 
29.20 	under section 260A.87, subdivision 6. The investigating agency shall notify the parent or 
29.21 	guardian of the child who is the subject of the report, and any person determined to have 
29.22 	maltreated the child, of their appeal or review rights under this chapter.
29.23 	(d) The notice must also state that a finding of maltreatment may result in denial of a 
29.24 	license or certification application or background study disqualification under chapter 245C 
29.25 	related to employment or services that are licensed or certified by the Department of Human 
29.26 	Services under chapter 245A or 245H, the Department of Health under chapter 144 or 144A, 
29.27 	the Department of Corrections under section 241.021, and from providing services related 
29.28 	to an unlicensed personal care provider organization under chapter 256B.
29.29 		Subd. 6.Required referral to early intervention services. A child under age three 
29.30 	who is involved in a substantiated case of maltreatment shall be referred for screening under 
29.31 	the Individuals with Disabilities Education Act, part C. Parents must be informed that the 
29.32 	evaluation and acceptance of services are voluntary. The commissioner of human services 
29.33 	shall monitor referral rates by county and annually report the information to the legislature. 
30.1 	Refusal to have a child screened is not a basis for a child in need of protection or services 
30.2 	petition under chapter 260C.
30.3 		Subd. 7.Notification at conclusion of family assessment. Within ten working days of 
30.4 	the conclusion of a family assessment, the local welfare agency shall notify the parent or 
30.5 	guardian of the child of the need for services to address child safety concerns or significant 
30.6 	risk of subsequent maltreatment. The local welfare agency and the family may also jointly 
30.7 	agree that family support and family preservation services are needed.

30.8 	Sec. 25. [260A.44] PROVISION OF MEDICAL CARE.
30.9 	(a) If lack of medical care due to a parent's, guardian's, or caretaker's good faith selection 
30.10 	and dependence upon spiritual means or prayer for treatment or care of disease or remedial 
30.11 	care for the child in lieu of medical care may result in serious danger to the child's health, 
30.12 	the local welfare agency may ensure that necessary medical services are provided to the 
30.13 	child.
30.14 	(b) If the review or examination required under section 260A.39, subdivision 4, leads 
30.15 	to a conclusion of medical neglect, the agency shall intervene on behalf of the infant by 
30.16 	initiating legal proceedings under section 260C.141 and by filing an expedited motion to 
30.17 	prevent the withholding of medically indicated treatment.

30.18 	Sec. 26. [260A.45] PROVISION OF CHILD PROTECTIVE SERVICES.
30.19 	The local welfare agency shall create a written plan, in collaboration with the family 
30.20 	whenever possible, within 30 days of the determination that child protective services are 
30.21 	needed or upon joint agreement of the local welfare agency and the family that family 
30.22 	support and preservation services are needed. Child protective services for a family are 
30.23 	voluntary unless ordered by the court.

30.24 	Sec. 27. [260A.46] CONSULTATION WITH THE COUNTY ATTORNEY.
30.25 	The local welfare agency shall consult with the county attorney to determine the 
30.26 	appropriateness of filing a petition alleging the child is in need of protection or services 
30.27 	under section 260C.007, subdivision 6, if:
30.28 	(1) the family does not accept or comply with a plan for child protective services;
30.29 	(2) voluntary child protective services may not provide sufficient protection for the child; 
30.30 	or
30.31 	(3) the family is not cooperating with an investigation or assessment.

31.1 	Sec. 28. [260A.50] CONDUCTING INVESTIGATION IN FACILITY OR SCHOOL.
31.2 		Subdivision 1.Immediate investigation for alleged maltreatment in a facility. (a) 
31.3 	The commissioner of human services, health, or education, whichever is responsible for 
31.4 	investigating the report, shall immediately investigate if the report alleges that:
31.5 	(1) a child who is in the care of a facility as defined in section 260A.20 is the victim of 
31.6 	maltreatment in a facility by an individual in that facility or has been the victim of 
31.7 	maltreatment in a facility by an individual in that facility within the three years preceding 
31.8 	the report; or
31.9 	(2) a child is the victim of maltreatment in a facility by an individual in a facility defined 
31.10 	in section 260A.20, subdivision 6, while in the care of that facility within the three years 
31.11 	preceding the report.
31.12 	(b) The commissioner of the agency responsible for investigating the report shall arrange 
31.13 	for the transmittal to the commissioner of reports received by local agencies and may delegate 
31.14 	to a local welfare agency the duty to investigate reports. The commissioner of the agency 
31.15 	responsible for investigating the report or local welfare agency may interview any children 
31.16 	who are or have been in the care of a facility under investigation and the children's parents, 
31.17 	guardians, or legal custodians.
31.18 	(c) In conducting an investigation under this section, the commissioner has the powers 
31.19 	and duties specified for a local welfare agency under this chapter.
31.20 		Subd. 2.Preinterview notification for facility investigation. Before any interview 
31.21 	related to maltreatment in a facility under the provisions of section 260A.41, the 
31.22 	commissioner of the agency responsible for investigating the report or local welfare agency 
31.23 	shall notify the parent, guardian, or legal custodian of a child who will be interviewed in 
31.24 	the manner provided for in section 260A.41. If reasonable efforts to reach the parent, 
31.25 	guardian, or legal custodian of a child in an out-of-home placement have failed, the child 
31.26 	may be interviewed if there is reason to believe the interview is necessary to protect the 
31.27 	child or other children in the facility. The commissioner of the agency responsible for 
31.28 	assessing or investigating the report or local agency must provide the information required 
31.29 	in this subdivision to the parent, guardian, or legal custodian of a child interviewed without 
31.30 	parental notification as soon as possible after the interview. When the investigation is 
31.31 	completed, any parent, guardian, or legal custodian notified under this subdivision shall 
31.32 	receive the written memorandum provided for in section 260A.52, subdivision 5.
31.33 		Subd. 3.Facility records. The commissioner of human services, the ombudsman for 
31.34 	mental health and developmental disabilities, the local welfare agencies responsible for 
32.1 	investigating reports, the commissioner of education, and the local law enforcement agencies 
32.2 	have the right to enter a facility as defined in section 260A.20 and to inspect and copy the 
32.3 	facility's records, including medical records, as part of the investigation. Notwithstanding 
32.4 	the provisions of chapter 13, the commissioner of human services, the ombudsman for 
32.5 	mental health and developmental disabilities, the local welfare agencies responsible for 
32.6 	investigating reports, the commissioner of education, and the local law enforcement agencies 
32.7 	also have the right to inform the facility under investigation that an investigation is being 
32.8 	conducted, to disclose to the facility the names of the individuals under investigation for 
32.9 	maltreating a child, and to provide the facility with a copy of the report and the investigative 
32.10 	findings.
32.11 		Subd. 4.Access to information. In conducting investigations under this chapter, the 
32.12 	commissioner or local welfare agency shall obtain access to information consistent with 
32.13 	section 260A.39, subdivision 3. In conducting investigations under this section, the 
32.14 	commissioner of education shall obtain access to reports and investigative data that are 
32.15 	relevant to a report of maltreatment and are in the possession of a school facility as defined 
32.16 	in section 260A.20, subdivision 6, clause (2), notwithstanding the classification of the data 
32.17 	as educational or personnel data under chapter 13. This includes but is not limited to school 
32.18 	investigative reports, information concerning the conduct of school personnel alleged to 
32.19 	have committed maltreatment of students, information about witnesses, and any protective 
32.20 	or corrective action taken by the school facility regarding the school personnel alleged to 
32.21 	have committed maltreatment.
32.22 		Subd. 5.Investigation involving school facility. In conducting an investigation involving 
32.23 	a school facility as defined in section 260A.20, subdivision 6, clause (2), the commissioner 
32.24 	of education shall collect available and relevant information and use the procedures in 
32.25 	sections 260A.39, subdivisions 2 and 3, and 260A.41, except that the requirement for 
32.26 	face-to-face observation of the child and face-to-face interview of the alleged offender is 
32.27 	to occur in the initial stages of the investigation provided that the commissioner may also 
32.28 	base the investigation on investigative reports and data received from the school facility 
32.29 	and local law enforcement agency, to the extent those investigations satisfy the requirements 
32.30 	of sections 260A.39, subdivisions 2 and 3, and 260A.41.

32.31 	Sec. 29. [260A.51] NOTIFICATION REQUIREMENTS FOR SCHOOLS AND 
32.32 	FACILITIES.
32.33 		Subdivision 1.Notification requirements for school facility. (a) Notwithstanding 
32.34 	section 260A.26, the commissioner of education must inform the parent, guardian, or legal 
33.1 	custodian of the child who is the subject of a report of alleged maltreatment in a school 
33.2 	facility within ten days of receiving the report, either orally or in writing, whether the 
33.3 	commissioner is investigating the report of alleged maltreatment.
33.4 	(b) Regardless of whether a report is made under section 260A.26, as soon as practicable 
33.5 	after a school receives information regarding an incident that may constitute maltreatment 
33.6 	of a child in a school facility, the school shall inform the parent, legal guardian, or custodian 
33.7 	of the child that an incident occurred that may constitute maltreatment of the child, when 
33.8 	the incident occurred, and the nature of the conduct that may constitute maltreatment.
33.9 		Subd. 2.Notification requirements for other types of facilities. When a report is 
33.10 	received that alleges maltreatment of a child while in the care of a licensed or unlicensed 
33.11 	day care facility, residential facility, agency, hospital, sanitarium, or other facility or 
33.12 	institution required to be licensed or certified according to sections 144.50 to 144.58; 
33.13 	241.021; or 245A.01 to 245A.16; or chapter 144H, 245D, or 245H; or a school as defined 
33.14 	in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E; or a nonlicensed personal 
33.15 	care provider organization as defined in section 256B.0625, subdivision 19a, the 
33.16 	commissioner of the agency responsible for investigating the report or local welfare agency 
33.17 	investigating the report shall provide the following information to the parent, guardian, or 
33.18 	legal custodian of a child alleged to have been the victim of maltreatment in the facility: 
33.19 	the name of the facility; the fact that a report alleging maltreatment in the facility has been 
33.20 	received; the nature of the alleged maltreatment in the facility; that the agency is conducting 
33.21 	an investigation; any protective or corrective measures being taken pending the outcome 
33.22 	of the investigation; and that a written memorandum will be provided when the investigation 
33.23 	is completed.
33.24 		Subd. 3.Discretionary notification. The commissioner of the agency responsible for  
33.25 	investigating the report or local welfare agency may also provide the information in 
33.26 	subdivision 2 to the parent, guardian, or legal custodian of any other child in the facility if 
33.27 	the investigative agency knows or has reason to believe the alleged maltreatment of a child 
33.28 	in the facility occurred. In determining whether to exercise this authority, the commissioner 
33.29 	of the agency responsible for investigating the report or local welfare agency shall consider 
33.30 	the seriousness of the alleged maltreatment of a child in the facility; the number of alleged 
33.31 	victims of maltreatment of a child in the facility; the number of alleged offenders; and the 
33.32 	length of the investigation. The facility shall be notified whenever this discretion is exercised.

34.1 	Sec. 30. [260A.52] CONCLUSION OF SCHOOL OR FACILITY INVESTIGATION.
34.2 		Subdivision 1.Investigation involving a school facility. If the commissioner of education 
34.3 	conducts an investigation, the commissioner shall determine whether maltreatment occurred 
34.4 	and what corrective or protective action was taken by the school facility. If a determination 
34.5 	is made that maltreatment occurred, the commissioner shall report to the employer, the 
34.6 	school board, and any appropriate licensing entity the determination that maltreatment 
34.7 	occurred and what corrective or protective action was taken by the school facility. In all 
34.8 	other cases, the commissioner shall inform the school board or employer that a report was 
34.9 	received; the subject of the report; the date of the initial report; the category of maltreatment 
34.10 	alleged as defined in section 260A.20, subdivision 12; the fact that maltreatment was not 
34.11 	determined; and a summary of the specific reasons for the determination.
34.12 		Subd. 2.Investigation involving a facility. (a) When maltreatment is determined in an 
34.13 	investigation involving a facility, the investigating agency shall also determine whether the 
34.14 	facility or individual was responsible, or whether both the facility and the individual were 
34.15 	responsible for the maltreatment using the mitigating factors in subdivision 4. Determinations 
34.16 	under this subdivision must be made based on a preponderance of the evidence and are 
34.17 	private data on individuals or nonpublic data as maintained by the commissioner of education.
34.18 	(b) Any operator, employee, or volunteer worker at any facility who intentionally 
34.19 	maltreats any child in the care of that facility may be charged with a violation of section 
34.20 	609.255, 609.377, or 609.378. Any operator of a facility who knowingly permits conditions 
34.21 	to exist that result in maltreatment of a child in a facility while in the care of that facility 
34.22 	may be charged with a violation of section 609.378. The facility operator shall inform all 
34.23 	mandated reporters employed by or otherwise associated with the facility of the duties 
34.24 	required of mandated reporters and shall inform all mandatory reporters of the prohibition 
34.25 	against retaliation for reports made in good faith under this section.
34.26 		Subd. 3.Nonmaltreatment mistake. (a) If paragraph (b) applies, rather than making a 
34.27 	determination of substantiated maltreatment by the individual, the commissioner of human 
34.28 	services shall determine that a nonmaltreatment mistake was made by the individual.
34.29 	(b) A nonmaltreatment mistake occurs when:
34.30 	(1) at the time of the incident, the individual was performing duties identified in the 
34.31 	center's child care program plan required under Minnesota Rules, part 9503.0045;
34.32 	(2) the individual has not been determined responsible for a similar incident that resulted 
34.33 	in a finding of maltreatment for at least seven years;
35.1 	(3) the individual has not been determined to have committed a similar nonmaltreatment 
35.2 	mistake under this paragraph for at least four years;
35.3 	(4) any injury to a child resulting from the incident, if treated, is treated only with 
35.4 	remedies that are available over the counter, whether ordered by a medical professional or 
35.5 	not; and
35.6 	(5) except for the period when the incident occurred, the facility and the individual 
35.7 	providing services were both in compliance with all licensing requirements relevant to the 
35.8 	incident.
35.9 	(c) This subdivision only applies to child care centers licensed under Minnesota Rules, 
35.10 	chapter 9503.
35.11 		Subd. 4.Mitigating factors in investigating facilities. (a) When determining whether 
35.12 	the facility or individual is the responsible party, or whether both the facility and the 
35.13 	individual are responsible for determined maltreatment in a facility, the investigating agency 
35.14 	shall consider at least the following mitigating factors:
35.15 	(1) whether the actions of the facility or the individual caregivers were according to, 
35.16 	and followed the terms of, an erroneous physician order, prescription, individual care plan, 
35.17 	or directive; however, this is not a mitigating factor when the facility or caregiver was 
35.18 	responsible for the issuance of the erroneous order, prescription, individual care plan, or 
35.19 	directive or knew or should have known of the errors and took no reasonable measures to 
35.20 	correct the defect before administering care;
35.21 	(2) comparative responsibility between the facility, other caregivers, and requirements 
35.22 	placed upon an employee, including the facility's compliance with related regulatory standards 
35.23 	and the adequacy of facility policies and procedures, facility training, an individual's 
35.24 	participation in the training, the caregiver's supervision, and facility staffing levels and the 
35.25 	scope of the individual employee's authority and discretion; and
35.26 	(3) whether the facility or individual followed professional standards in exercising 
35.27 	professional judgment.
35.28 	(b) The evaluation of the facility's responsibility under paragraph (a), clause (2), must 
35.29 	not be based on the completeness of the risk assessment or risk reduction plan required 
35.30 	under section 245A.66, but must be based on the facility's compliance with the regulatory 
35.31 	standards for policies and procedures, training, and supervision as cited in Minnesota Statutes 
35.32 	and Minnesota Rules.
36.1 	(c) Notwithstanding paragraphs (a) and (b), when maltreatment is determined to have 
36.2 	been committed by an individual who is also the facility license holder, both the individual 
36.3 	and the facility must be determined responsible for the maltreatment, and both the background 
36.4 	study disqualification standards under section 245C.15, subdivision 4, and the licensing or 
36.5 	certification actions under sections 245A.06, 245A.07, 245H.06, or 245H.07 apply.
36.6 		Subd. 5.Notification when school or facility investigation is completed. (a) When 
36.7 	the commissioner of the agency responsible for investigating the report or local welfare 
36.8 	agency has completed its investigation, every parent, guardian, or legal custodian previously 
36.9 	notified of the investigation by the commissioner or local welfare agency shall be provided 
36.10 	with the following information in a written memorandum: the name of the facility 
36.11 	investigated; the nature of the alleged maltreatment of a child in the facility; the investigator's 
36.12 	name; a summary of the investigation findings; a statement of whether maltreatment was 
36.13 	found; and the protective or corrective measures that are being or will be taken.
36.14 	(b) The memorandum shall be written in a manner that protects the identity of the reporter 
36.15 	and the child and shall not contain the name or, to the extent possible, reveal the identity 
36.16 	of the alleged offender or the identity of individuals interviewed during the investigation.
36.17 	(c) If maltreatment is determined to exist, the commissioner or local welfare agency 
36.18 	shall also provide the written memorandum to the parent, guardian, or legal custodian of 
36.19 	each child in the facility who had contact with the individual responsible for the maltreatment.
36.20 	(d) When the facility is the responsible party for maltreatment, the commissioner or 
36.21 	local welfare agency shall also provide the written memorandum to the parent, guardian, 
36.22 	or legal custodian of each child who received services in the population of the facility where 
36.23 	the maltreatment occurred.
36.24 	(e) This notification must be provided to the parent, guardian, or legal custodian of each 
36.25 	child receiving services from the time the maltreatment occurred until either the individual 
36.26 	responsible for maltreatment is no longer in contact with a child or children in the facility 
36.27 	or the conclusion of the investigation.
36.28 	(f) In the case of maltreatment within a school facility, as defined in section 120A.05, 
36.29 	subdivisions 9, 11, and 13, and chapter 124E, the commissioner of education need not 
36.30 	provide notification to parents, guardians, or legal custodians of each child in the facility, 
36.31 	but shall, within ten days after the investigation is completed, provide written notification 
36.32 	to the parent, guardian, or legal custodian of any student alleged to have been maltreated.
36.33 	(g) The commissioner of education may notify the parent, guardian, or legal custodian 
36.34 	of any student involved as a witness to alleged maltreatment.
37.1 		Subd. 6.Notification to parent, child, or offender following investigation. (a) Within 
37.2 	ten working days of the conclusion of an investigation, the local welfare agency or agency 
37.3 	responsible for investigating the report of maltreatment in a facility shall notify the parent 
37.4 	or guardian of the child, the person determined to be maltreating the child, and the director 
37.5 	of the facility of the determination and a summary of the specific reasons for the 
37.6 	determination.
37.7 	(b) When the investigation involves a child foster care setting that is monitored by a 
37.8 	private licensing agency under section 245A.16, the local welfare agency responsible for 
37.9 	investigating the report shall notify the private licensing agency of the determination and 
37.10 	shall provide a summary of the specific reasons for the determination. The notice to the 
37.11 	private licensing agency must include identifying private data, but not the identity of the 
37.12 	reporter of maltreatment.
37.13 	(c) The notice must also include a certification that the information collection procedures 
37.14 	under section 260A.39, subdivision 3, were followed and a notice of the right of a data 
37.15 	subject to obtain access to other private data on the subject collected, created, or maintained 
37.16 	under this section.
37.17 	(d) In addition, the notice shall include the length of time that the records will be kept 
37.18 	under section 260A.87, subdivision 6.
37.19 	(e) The investigating agency shall notify the parent or guardian of the child who is the 
37.20 	subject of the report, and any person or facility determined to have maltreated a child, of 
37.21 	their appeal or review rights under this section.
37.22 	(f) The notice must also state that a finding of maltreatment may result in denial of a 
37.23 	license or certification application or background study disqualification under chapter 245C 
37.24 	related to employment or services that are licensed by the Department of Human Services 
37.25 	under chapter 245A or 245H, the Department of Health under chapter 144 or 144A, the 
37.26 	Department of Corrections under section 241.021, and from providing services related to 
37.27 	an unlicensed personal care provider organization under chapter 256B.

37.28 	Sec. 31. [260A.70] REPORTING OF PRENATAL EXPOSURE TO CONTROLLED 
37.29 	SUBSTANCES.
37.30 		Subdivision 1.Reports required. (a) Except as provided in paragraph (b), a person 
37.31 	mandated to report under this chapter shall immediately report to the local welfare agency 
37.32 	if the person knows or has reason to believe that a woman is pregnant and has used a 
37.33 	controlled substance for a nonmedical purpose during the pregnancy, including but not 
38.1 	limited to tetrahydrocannabinol, or has consumed alcoholic beverages during the pregnancy 
38.2 	in any way that is habitual or excessive.
38.3 	(b) A health care professional or a social service professional who is mandated to report 
38.4 	under this chapter is exempt from reporting under paragraph (a) a woman's use or 
38.5 	consumption of tetrahydrocannabinol or alcoholic beverages during pregnancy if the 
38.6 	professional is providing the woman with prenatal care or other health care services.
38.7 	(c) Any person may make a voluntary report if the person knows or has reason to believe 
38.8 	that a woman is pregnant and has used a controlled substance for a nonmedical purpose 
38.9 	during the pregnancy, including but not limited to tetrahydrocannabinol, or has consumed 
38.10 	alcoholic beverages during the pregnancy in any way that is habitual or excessive.
38.11 	(d) An oral report shall be made immediately by telephone or otherwise. An oral report 
38.12 	made by a person required to report shall be followed within 72 hours, exclusive of weekends 
38.13 	and holidays, by a report in writing to the local welfare agency. Any report shall be of 
38.14 	sufficient content to identify the pregnant woman, the nature and extent of the use, if known, 
38.15 	and the name and address of the reporter. The local welfare agency shall accept a report 
38.16 	made under paragraph (c) notwithstanding refusal by a voluntary reporter to provide the 
38.17 	reporter's name or address as long as the report is otherwise sufficient.
38.18 	(e) For purposes of this section, "prenatal care" means the comprehensive package of 
38.19 	medical and psychological support provided throughout the pregnancy.
38.20 		Subd. 2.Local welfare agency. Upon receipt of a report of prenatal exposure to a 
38.21 	controlled substance required under subdivision 1, the local welfare agency shall immediately 
38.22 	conduct an appropriate assessment and offer services indicated under the circumstances. 
38.23 	Services offered may include but are not limited to a referral for chemical dependency 
38.24 	assessment, a referral for chemical dependency treatment if recommended, and a referral 
38.25 	for prenatal care. The local welfare agency may also take any appropriate action under 
38.26 	chapter 253B, including seeking an emergency admission under section 253B.05. The local 
38.27 	welfare agency shall seek an emergency admission under section 253B.05 if the pregnant 
38.28 	woman refuses recommended voluntary services or fails recommended treatment.
38.29 		Subd. 3.Related provisions. Reports under this section are governed by sections 
38.30 	260A.22, 260A.23, 260A.86, and 260A.87.
38.31 		Subd. 4.Controlled substances. For purposes of this section and section 260A.71, 
38.32 	"controlled substance" means a controlled substance listed in section 253B.02, subdivision 
38.33 	2.

39.1 	Sec. 32. [260A.71] TOXICOLOGY TESTS REQUIRED.
39.2 		Subdivision 1.Test; report. (a) A physician shall administer a toxicology test to a 
39.3 	pregnant woman under the physician's care or to a woman under the physician's care within 
39.4 	eight hours after delivery to determine whether there is evidence that she has ingested a 
39.5 	controlled substance, if the woman has obstetrical complications that are a medical indication 
39.6 	of possible use of a controlled substance for a nonmedical purpose.
39.7 	(b) If the test results are positive, the physician shall report the results under section 
39.8 	260A.70. A negative test result does not eliminate the obligation to report under section 
39.9 	260A.70 if other evidence gives the physician reason to believe the patient has used a 
39.10 	controlled substance for a nonmedical purpose.
39.11 		Subd. 2.Newborns. (a) A physician shall administer to each newborn infant born under 
39.12 	the physician's care a toxicology test to determine whether there is evidence of prenatal 
39.13 	exposure to a controlled substance, if the physician has reason to believe based on a medical 
39.14 	assessment of the mother or the infant that the mother used a controlled substance for a 
39.15 	nonmedical purpose during the pregnancy.
39.16 	(b) If the test results are positive, the physician shall report the results as neglect under 
39.17 	section 260A.20. A negative test result does not eliminate the obligation to report under 
39.18 	this chapter if other medical evidence of prenatal exposure to a controlled substance is 
39.19 	present.
39.20 		Subd. 3.Report to Department of Health. Physicians shall report to the Department 
39.21 	of Health the results of tests performed under subdivisions 1 and 2. A report shall be made 
39.22 	on the certificate of live birth medical supplement or the report of fetal death medical 
39.23 	supplement filed on or after February 1, 1991. The reports are medical data under section 
39.24 	13.384.
39.25 		Subd. 4.Reliability of tests. A positive test result reported under this section must be 
39.26 	obtained from a confirmatory test performed by a drug testing laboratory that meets the 
39.27 	requirements of section 181.953 and must be performed according to the requirements for 
39.28 	performance of confirmatory tests imposed by the licensing, accreditation, or certification 
39.29 	program listed in section 181.953, subdivision 1, in which the laboratory participates.

39.30 	Sec. 33. [260A.85] RECONSIDERATION AND APPEAL OF MALTREATMENT 
39.31 	DETERMINATION FOLLOWING INVESTIGATION.
39.32 		Subdivision 1.Following family assessment. Administrative reconsideration is not 
39.33 	applicable in a family assessment since no determination concerning maltreatment is made.
40.1 		Subd. 2.Request for reconsideration. (a) Except as provided under subdivision 5, an 
40.2 	individual or facility that the commissioner of human services, a local welfare agency, or 
40.3 	the commissioner of education determines has maltreated a child, an interested person acting 
40.4 	on behalf of the child, regardless of the determination, who contests the investigating agency's 
40.5 	final determination regarding maltreatment, may request the investigating agency to 
40.6 	reconsider its final determination regarding maltreatment. The request for reconsideration 
40.7 	must be submitted in writing to the investigating agency within 15 calendar days after receipt 
40.8 	of notice of the final determination regarding maltreatment or, if the request is made by an 
40.9 	interested person who is not entitled to notice, within 15 days after receipt of the notice by 
40.10 	the parent or guardian of the child. If mailed, the request for reconsideration must be 
40.11 	postmarked and sent to the investigating agency within 15 calendar days of the individual's 
40.12 	or facility's receipt of the final determination. If the request for reconsideration is made by 
40.13 	personal service, it must be received by the investigating agency within 15 calendar days 
40.14 	after the individual's or facility's receipt of the final determination.
40.15 	(b) An individual who was determined to have maltreated a child under this chapter and 
40.16 	who was disqualified on the basis of serious or recurring maltreatment under sections 
40.17 	245C.14 and 245C.15 may request reconsideration of the maltreatment determination and 
40.18 	the disqualification. The request for reconsideration of the maltreatment determination and 
40.19 	the disqualification must be submitted within 30 calendar days of the individual's receipt 
40.20 	of the notice of disqualification under sections 245C.16 and 245C.17. If mailed, the request 
40.21 	for reconsideration of the maltreatment determination and the disqualification must be 
40.22 	postmarked and sent to the investigating agency within 30 calendar days of the individual's 
40.23 	receipt of the maltreatment determination and notice of disqualification. If the request for 
40.24 	reconsideration is made by personal service, it must be received by the investigating agency 
40.25 	within 30 calendar days after the individual's receipt of the notice of disqualification.
40.26 		Subd. 3.Request for fair hearing. (a) Except as provided under subdivisions 5 and 6, 
40.27 	if the investigating agency denies the request or fails to act upon the request within 15 
40.28 	working days after receiving the request for reconsideration, the person or facility entitled 
40.29 	to a fair hearing under section 256.045 may submit to the commissioner of human services 
40.30 	or the commissioner of education a written request for a hearing under section 256.045. 
40.31 	Section 256.045 also governs hearings requested to contest a final determination of the 
40.32 	commissioner of education. The investigating agency shall notify persons who request 
40.33 	reconsideration of their rights under this paragraph. The hearings specified under this section 
40.34 	are the only administrative appeal of a decision issued under subdivision 2. Determinations 
41.1 	under this section are not subject to accuracy and completeness challenges under section 
41.2 	13.04.
41.3 	(b) Except as provided under subdivision 6, if an individual or facility contests the 
41.4 	investigating agency's final determination regarding maltreatment by requesting a fair 
41.5 	hearing under section 256.045, the commissioner of human services shall ensure that the 
41.6 	hearing is conducted and a decision is reached within 90 days of receipt of the request for 
41.7 	a hearing. The time for action on the decision may be extended for as many days as the 
41.8 	hearing is postponed or the record is held open for the benefit of either party.
41.9 		Subd. 4.Change of maltreatment determination. If, as a result of a reconsideration 
41.10 	or fair hearing, the investigating agency changes the determination of maltreatment, that 
41.11 	agency shall notify every parent, guardian, or legal custodian previously notified of the 
41.12 	investigation, the commissioner of the agency responsible for assessing or investigating the 
41.13 	report, the local welfare agency, and, if applicable, the director of the facility and the private 
41.14 	licensing agency.
41.15 		Subd. 5.Consolidation. If an individual was disqualified under sections 245C.14 and 
41.16 	245C.15 on the basis of a determination of maltreatment which was serious or recurring, 
41.17 	and the individual requested reconsideration of the maltreatment determination under 
41.18 	subdivision 2 and requested reconsideration of the disqualification under sections 245C.21 
41.19 	to 245C.27, reconsideration of the maltreatment determination and reconsideration of the 
41.20 	disqualification shall be consolidated into a single fair hearing. If reconsideration of the 
41.21 	maltreatment determination is denied and the individual remains disqualified following a 
41.22 	reconsideration decision, the individual may request a fair hearing under section 256.045. 
41.23 	If an individual requests a fair hearing on the maltreatment determination and the 
41.24 	disqualification, the scope of the fair hearing shall include both the maltreatment 
41.25 	determination and the disqualification.
41.26 		Subd. 6.Contested case hearing. If a maltreatment determination or a disqualification 
41.27 	based on serious or recurring maltreatment is the basis for a denial of a license under section 
41.28 	245A.05 or a licensing sanction under section 245A.07, the license holder has the right to 
41.29 	a contested case hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 
41.30 	1400.8612. As provided for under section 245A.08, subdivision 2a, the scope of the contested 
41.31 	case hearing shall include the maltreatment determination, disqualification, and licensing 
41.32 	sanction or denial of a license. In such cases, a fair hearing regarding the maltreatment 
41.33 	determination and disqualification shall not be conducted under section 256.045. Except 
41.34 	for family child care and child foster care, reconsideration of a maltreatment determination 
42.1 	as provided under this subdivision, and reconsideration of a disqualification as provided 
42.2 	under section 245C.22, shall also not be conducted when:
42.3 	(1) a denial of a license under section 245A.05 or a licensing sanction under section 
42.4 	245A.07 is based on a determination that the license holder is responsible for maltreatment 
42.5 	or the disqualification of a license holder based on serious or recurring maltreatment;
42.6 	(2) the denial of a license or licensing sanction is issued at the same time as the 
42.7 	maltreatment determination or disqualification; and
42.8 	(3) the license holder appeals the maltreatment determination or disqualification and 
42.9 	denial of a license or licensing sanction.
42.10 	Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment 
42.11 	determination or disqualification, but does not appeal the denial of a license or a licensing 
42.12 	sanction, reconsideration of the maltreatment determination shall be conducted under 
42.13 	subdivision 2 and section 626.557, subdivision 9d, and reconsideration of the disqualification 
42.14 	shall be conducted under section 245C.22. In such cases, a fair hearing shall also be 
42.15 	conducted as provided under subdivision 2 and sections 245C.27 and 626.557, subdivision 
42.16 	9d.
42.17 	If the disqualified subject is an individual other than the license holder and upon whom 
42.18 	a background study must be conducted under chapter 245C, the hearings of all parties may 
42.19 	be consolidated into a single contested case hearing upon consent of all parties and the 
42.20 	administrative law judge.
42.21 		Subd. 7.Process for correction order or decertification. If a maltreatment determination 
42.22 	is the basis for a correction order under section 245H.06 or decertification under section 
42.23 	245H.07, the certification holder has the right to request reconsideration under sections 
42.24 	245H.06 and 245H.07. If the certification holder appeals the maltreatment determination 
42.25 	or disqualification, but does not appeal the correction order or decertification, reconsideration 
42.26 	of the maltreatment determination shall be conducted under subdivision 2 and reconsideration 
42.27 	of the disqualification shall be conducted under section 245C.22.

42.28 	Sec. 34. [260A.86] IMMUNITY.
42.29 	(a) The following persons are immune from any civil or criminal liability that otherwise 
42.30 	might result from the person's actions, if the person is acting in good faith:
42.31 	(1) a person making a voluntary or mandated report under this chapter or assisting in an 
42.32 	assessment under this chapter;
43.1 	(2) a person with responsibility for performing duties under this section or supervisor 
43.2 	employed by a local welfare agency, the commissioner of an agency responsible for operating 
43.3 	or supervising a licensed or unlicensed day care facility, residential facility, agency, hospital, 
43.4 	sanitarium, or other facility or institution required to be licensed or certified under sections 
43.5 	144.50 to 144.58; 241.021; 245A.01 to 245A.16; or chapter 245B or 245H; or a school as 
43.6 	defined in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E; or a nonlicensed 
43.7 	personal care provider organization as defined in section 256B.0625, subdivision 19a, 
43.8 	complying with sections 260A.42, subdivisions 2 and 3, and 260A.52; and
43.9 	(3) a public or private school, facility as defined in section 260A.20, or the employee 
43.10 	of any public or private school or facility who permits access by a local welfare agency, the 
43.11 	Department of Education, or a local law enforcement agency and assists in an investigation 
43.12 	or assessment pursuant to this chapter.
43.13 	(b) A person who is a supervisor or person with responsibility for performing duties 
43.14 	under this chapter employed by a local welfare agency, the commissioner of human services, 
43.15 	or the commissioner of education complying with this chapter or any related rule or provision 
43.16 	of law is immune from any civil or criminal liability that might otherwise result from the 
43.17 	person's actions, if the person is (1) acting in good faith and exercising due care, or (2) 
43.18 	acting in good faith and following the information collection procedures established under 
43.19 	section 260A.39, subdivision 3.
43.20 	(c) Any physician or other medical personnel administering a toxicology test under 
43.21 	section 260A.71 to determine the presence of a controlled substance in a pregnant woman, 
43.22 	in a woman within eight hours after delivery, or in a child at birth or during the first month 
43.23 	of life is immune from civil or criminal liability arising from administration of the test, if 
43.24 	the physician ordering the test believes in good faith that the test is required under this 
43.25 	section and the test is administered in accordance with an established protocol and reasonable 
43.26 	medical practice.
43.27 	(d) This section does not provide immunity to any person for failure to make a required 
43.28 	report or for committing maltreatment.
43.29 	(e) If a person who makes a voluntary or mandatory report under section 260A.23 prevails 
43.30 	in a civil action from which the person has been granted immunity under this section, the 
43.31 	court may award the person attorney fees and costs.

44.1 	Sec. 35. [260A.87] DATA PRACTICES.
44.2 		Subdivision 1.Maintaining data. Notwithstanding the data's classification in the 
44.3 	possession of any other agency, data acquired by the local welfare agency or the agency 
44.4 	responsible for assessing or investigating the report during the course of the assessment or 
44.5 	investigation are private data on individuals and must be maintained according to this section.
44.6 		Subd. 2.Data collected during investigation of maltreatment in school. (a) Data of 
44.7 	the commissioner of education collected or maintained during and for the purpose of an 
44.8 	investigation of alleged maltreatment in a school are governed by this chapter, 
44.9 	notwithstanding the data's classification as educational, licensing, or personnel data under 
44.10 	chapter 13.
44.11 	(b) In conducting an investigation involving a school facility as defined in section 
44.12 	260A.20, subdivision 6, clause (2), the commissioner of education shall collect investigative 
44.13 	reports and data that are relevant to a report of maltreatment from local law enforcement 
44.14 	and the school facility.
44.15 		Subd. 3.Classification and release of data. (a) A written copy of a report maintained 
44.16 	by personnel of agencies, other than welfare or law enforcement agencies, which are subject 
44.17 	to chapter 13 shall be confidential. An individual subject of the report may obtain access 
44.18 	to the original report as provided by paragraphs (g) to (o).
44.19 	(b) All reports and records created, collected, or maintained under this chapter by a local 
44.20 	welfare agency or law enforcement agency may be disclosed to a local welfare or other 
44.21 	child welfare agency of another state when the agency certifies that:
44.22 	(1) the reports and records are necessary to conduct an investigation of actions that would 
44.23 	qualify as maltreatment under this chapter; and
44.24 	(2) the reports and records will be used only for purposes of a child protection assessment 
44.25 	or investigation and will not be further disclosed to any other person or agency.
44.26 	(c) The local social service agency or law enforcement agency in this state shall keep a 
44.27 	record of all records or reports disclosed pursuant to this subdivision and of any agency to 
44.28 	which the records or reports are disclosed. If in any case records or reports are disclosed 
44.29 	before a determination is made under section 260A.43, subdivision 3, paragraph (a), or a 
44.30 	disposition of a criminal proceeding is reached, the local social service agency or law 
44.31 	enforcement agency in this state shall forward the determination or disposition to any agency 
44.32 	that has received a report or record under this subdivision.
45.1 	(d) The responsible authority of a local welfare agency or the responsible authority's 
45.2 	designee may release private or confidential data on an active case involving assessment 
45.3 	or investigation of actions that are defined as maltreatment under this chapter to a court 
45.4 	services agency if:
45.5 	(1) the court services agency has an active case involving a common client who is the 
45.6 	subject of the data; and
45.7 	(2) the data are necessary for the court services agency to effectively process the court 
45.8 	services agency's case, including investigating or performing other duties relating to the 
45.9 	case required by law.
45.10 	(e) The data disclosed under paragraph (d) may be used only for purposes of the active 
45.11 	court services case described in paragraph (d), clause (1), and may not be further disclosed 
45.12 	to any other person or agency, except as authorized by law.
45.13 	(f) Records maintained under subdivision 4, paragraph (b), may be shared with another 
45.14 	local welfare agency that requests the information because it is conducting an assessment 
45.15 	or investigation under this section of the subject of the records.
45.16 	(g) Except as provided in paragraphs (b), (h), (i), (o), and (p); subdivision 1; and sections 
45.17 	260A.41, subdivision 2; and 260A.42, all records concerning individuals maintained by a 
45.18 	local welfare agency or agency responsible for assessing or investigating the report under 
45.19 	this chapter, including any written reports filed under sections 260A.23 and 260A.26, shall 
45.20 	be private data on individuals, except insofar as copies of reports are required by section 
45.21 	260A.31, subdivision 1 or 2, to be sent to the local police department or the county sheriff.
45.22 	(h) All records concerning determinations of maltreatment by a facility are nonpublic 
45.23 	data as maintained by the Department of Education, except insofar as copies of reports are 
45.24 	required by section 260A.31, subdivision 1 or 2, to be sent to the local police department 
45.25 	or the county sheriff.
45.26 	(i) Reports maintained by any police department or the county sheriff shall be private 
45.27 	data on individuals, except the reports shall be made available to the investigating, petitioning, 
45.28 	or prosecuting authority, including a county medical examiner or county coroner.
45.29 	(j) Section 13.82, subdivisions 8, 9, and 14, apply to law enforcement data other than 
45.30 	the reports.
45.31 	(k) The local welfare agency or agency responsible for assessing or investigating the 
45.32 	report shall make available to the investigating, petitioning, or prosecuting authority, 
45.33 	including a county medical examiner or county coroner or a professional delegate, any 
46.1 	records that contain information relating to a specific incident of maltreatment that is under 
46.2 	investigation, petition, or prosecution and information relating to any prior incident of 
46.3 	maltreatment involving any of the same persons. The records shall be collected and 
46.4 	maintained according to chapter 13.
46.5 	(l) An individual subject of a record shall have access to the record according to those 
46.6 	sections, except that the name of the reporter shall be confidential while the report is under 
46.7 	assessment or investigation except as otherwise permitted by this section.
46.8 	(m) Any person conducting an investigation or assessment under this section who 
46.9 	intentionally discloses the identity of a reporter before the completion of the investigation 
46.10 	or assessment is guilty of a misdemeanor. After the assessment or investigation is completed, 
46.11 	the name of the reporter shall be confidential. The subject of the report may compel disclosure 
46.12 	of the name of the reporter only with the consent of the reporter or upon a written finding 
46.13 	by the court that the report was false and that there is evidence that the report was made in 
46.14 	bad faith. This subdivision does not alter disclosure responsibilities or obligations under 
46.15 	the Rules of Criminal Procedure.
46.16 	(n) Upon request of the legislative auditor, data on individuals maintained under this 
46.17 	chapter must be released to the legislative auditor in order for the auditor to fulfill the 
46.18 	auditor's duties under section 3.971. The auditor shall maintain the data according to chapter 
46.19 	13.
46.20 	(o) Active law enforcement investigative data received by a local welfare agency or 
46.21 	agency responsible for assessing or investigating the report under this chapter are confidential 
46.22 	data on individuals. When this data become inactive in the law enforcement agency, the 
46.23 	data are private data on individuals.
46.24 	(p) Section 13.03, subdivision 4, applies to data received by the commissioner of 
46.25 	education from a licensing entity.
46.26 		Subd. 4.Data disclosed to reporter. (a) A local welfare or child protection agency, or 
46.27 	the agency responsible for assessing or investigating the report of maltreatment, shall provide 
46.28 	relevant private data on individuals obtained under this chapter to a mandated reporter who 
46.29 	made the report and who has an ongoing responsibility for the health, education, or welfare 
46.30 	of a child affected by the data, unless the agency determines that providing the data would 
46.31 	not be in the best interests of the child.
46.32 	(b) The agency may provide the data to other mandated reporters with ongoing 
46.33 	responsibility for the health, education, or welfare of the child. Mandated reporters with 
46.34 	ongoing responsibility for the health, education, or welfare of a child affected by the data 
47.1 	include the child's teachers or other appropriate school personnel, foster parents, health care 
47.2 	providers, respite care workers, therapists, social workers, child care providers, residential 
47.3 	care staff, crisis nursery staff, probation officers, and court services personnel. Under this 
47.4 	chapter, a mandated reporter need not have made the report to be considered a person with 
47.5 	ongoing responsibility for the health, education, or welfare of a child affected by the data. 
47.6 	Data provided under this chapter must be limited to data pertinent to the individual's 
47.7 	responsibility for caring for the child.
47.8 	(c) A reporter who receives private data on individuals under this subdivision must treat 
47.9 	the data according to that classification, regardless of whether the reporter is an employee 
47.10 	of a government entity. The remedies and penalties under sections 13.08 and 13.09 apply 
47.11 	if a reporter releases data in violation of this chapter or other law.
47.12 		Subd. 5.Data provided to commissioner of education. The commissioner of education 
47.13 	must be provided with all requested data that are relevant to a report of maltreatment and 
47.14 	are in possession of a school facility as defined in section 260A.20, subdivision 6, clause 
47.15 	(2), when the data are requested pursuant to an assessment or investigation of a maltreatment 
47.16 	report of a student in a school. If the commissioner of education makes a determination of 
47.17 	maltreatment involving an individual performing work within a school facility who is 
47.18 	licensed by a board or other agency, the commissioner shall provide a copy of its offender 
47.19 	maltreatment determination report  to the licensing entity with all student-identifying 
47.20 	information removed. The offender maltreatment determination report shall include but is 
47.21 	not limited to the following sections: report of alleged maltreatment; legal standard; 
47.22 	investigation; summary of findings; determination; corrective action by a school; 
47.23 	reconsideration process; and a listing of records related to the investigation. Notwithstanding 
47.24 	section 13.03, subdivision 4, data received by a licensing entity under this paragraph are 
47.25 	governed by section 13.41 or other applicable law governing data of the receiving entity, 
47.26 	except that this section applies to the classification of and access to data on the reporter of 
47.27 	the maltreatment.
47.28 		Subd. 6.Data retention. (a) Notwithstanding sections 138.163 and 138.17, a record 
47.29 	maintained or a record derived from a report of maltreatment by a local welfare agency, 
47.30 	agency responsible for assessing or investigating the report, court services agency, or school 
47.31 	under this chapter shall be destroyed as provided in paragraphs (b) to (e) by the responsible 
47.32 	authority.
47.33 	(b) For a report alleging maltreatment that was not accepted for assessment or 
47.34 	investigation, a family assessment case, and a case where an investigation results in no 
47.35 	determination of maltreatment or the need for child protective services, the record must be 
48.1 	maintained for a period of five years after the date the report was not accepted for assessment 
48.2 	or investigation or the date of the final entry in the case record. A record of a report that 
48.3 	was not accepted must contain sufficient information to identify the subjects of the report, 
48.4 	the nature of the alleged maltreatment, and the reasons as to why the report was not accepted. 
48.5 	Records under this paragraph may not be used for employment, background checks, or 
48.6 	purposes other than to assist in future screening decisions and risk and safety assessments.
48.7 	(c) All records relating to reports that, upon investigation, indicate either maltreatment 
48.8 	or a need for child protective services shall be maintained for ten years after the date of the 
48.9 	final entry in the case record.
48.10 	(d) All records regarding a report of maltreatment, including a notification of intent to 
48.11 	interview that was received by a school under section 260A.41, subdivision 7, shall be 
48.12 	destroyed by the school when ordered to do so by the agency conducting the assessment or 
48.13 	investigation. The agency shall order the destruction of the notification when other records 
48.14 	relating to the report under investigation or assessment are destroyed under this subdivision.
48.15 	(e) Private or confidential data released to a court services agency under subdivision 3, 
48.16 	paragraph (d), must be destroyed by the court services agency when ordered to do so by the 
48.17 	local welfare agency that released the data. The local welfare agency or agency responsible 
48.18 	for assessing or investigating the report shall order destruction of the data when other records 
48.19 	relating to the assessment or investigation are destroyed under this subdivision.
48.20 		Subd. 7.Disclosure to public. (a) Notwithstanding any other provision of law and 
48.21 	subject to this subdivision, a public agency shall disclose to the public, upon request, the 
48.22 	findings and information related to a child fatality or near fatality if:
48.23 	(1) a person is criminally charged with having caused the child fatality or near fatality;
48.24 	(2) a county attorney certifies that a person would have been charged with having caused 
48.25 	the child fatality or near fatality but for that person's death; or
48.26 	(3) a child protection investigation resulted in a determination of maltreatment.
48.27 	(b) Findings and information disclosed under this subdivision consist of a written 
48.28 	summary that includes any of the following information the agency is able to provide:
48.29 	(1) the cause and circumstances regarding the child fatality or near fatality;
48.30 	(2) the age and gender of the child;
48.31 	(3) information on any previous reports of maltreatment that are pertinent to the 
48.32 	maltreatment that led to the child fatality or near fatality;
49.1 	(4) information on any previous investigations that are pertinent to the maltreatment that 
49.2 	led to the child fatality or near fatality;
49.3 	(5) the result of any investigations described in clause (4);
49.4 	(6) actions of and services provided by the local welfare agency on behalf of a child that 
49.5 	are pertinent to the maltreatment that led to the child fatality or near fatality; and
49.6 	(7) the result of any review of the state child mortality review panel, a local child mortality 
49.7 	review panel, a local community child protection team, or any public agency.
49.8 	(c) Nothing in this subdivision authorizes access to the private data in the custody of a 
49.9 	local welfare agency, or the disclosure to the public of the records or content of any 
49.10 	psychiatric, psychological, or therapeutic evaluation, or the disclosure of information that 
49.11 	would reveal the identities of persons who provided information related to maltreatment of 
49.12 	the child.
49.13 	(d) A person whose request is denied may apply to the appropriate court for an order 
49.14 	compelling disclosure of all or part of the findings and information of the public agency. 
49.15 	The application must set forth, with reasonable particularity, factors supporting the 
49.16 	application. The court has jurisdiction to issue these orders. Actions under this chapter must 
49.17 	be set down for immediate hearing, and subsequent proceedings in those actions must be 
49.18 	given priority by the appellate courts.
49.19 	(e) A public agency or its employees acting in good faith in disclosing or declining to 
49.20 	disclose information under this chapter are immune from criminal or civil liability that might 
49.21 	otherwise be incurred or imposed for that action.
49.22 		Subd. 8.Disclosure not required. When interviewing a child under this chapter, an 
49.23 	individual does not include the parent or guardian of the child for purposes of section 13.04, 
49.24 	subdivision 2, when the parent or guardian is the alleged offender.

49.25 	Sec. 36. [260A.90] SPECIALIZED TRAINING AND EDUCATION REQUIRED.
49.26 		Subdivision 1.Job classification; continuing education. (a) The commissioner of 
49.27 	human services, for employees subject to the Minnesota Merit System, and directors of 
49.28 	county personnel systems, for counties not subject to the Minnesota Merit System, shall 
49.29 	establish a job classification consisting exclusively of persons with the specialized knowledge, 
49.30 	skills, and experience required to satisfactorily perform child protection duties pursuant to 
49.31 	this chapter.
50.1 	(b) All child protection workers or social services staff having responsibility for child 
50.2 	protection duties under this chapter shall receive 15 hours of continuing education or 
50.3 	in-service training each year relevant to providing child protective services. The local welfare  
50.4 	agency shall maintain a record of training completed by each employee having responsibility 
50.5 	for performing child protection duties.
50.6 		Subd. 2.Child protection worker foundation education. An individual who seeks 
50.7 	employment as a child protection worker after the commissioner of human services has 
50.8 	implemented the foundation training program developed under section 260A.91 must 
50.9 	complete competency-based foundation training during their first six months of employment 
50.10 	as a child protection worker.
50.11 		Subd. 3.Background studies. (a) County employees hired on or after July 1, 2015, who 
50.12 	have responsibility for child protection duties or current county employees who are assigned 
50.13 	new child protection duties on or after July 1, 2015, are required to undergo a background 
50.14 	study. A county may complete these background studies by either:
50.15 	(1) use of the Department of Human Services NETStudy 2.0 system according to sections 
50.16 	245C.03 and 245C.10; or
50.17 	(2) an alternative process defined by the county.
50.18 	(b) County social services agencies and local welfare agencies must initiate background 
50.19 	studies before an individual begins a position allowing direct contact with persons served 
50.20 	by the agency.
50.21 		Subd. 4.Joint training. The commissioners of human services and public safety shall 
50.22 	cooperate in the development of a joint program for training child maltreatment services 
50.23 	professionals in the appropriate techniques for child maltreatment assessment and 
50.24 	investigation. The program shall include but need not be limited to the following areas:
50.25 	(1) the public policy goals of the state as set forth in section 260C.001 and the role of 
50.26 	the assessment or investigation in meeting these goals;
50.27 	(2) the special duties of child protection workers and law enforcement officers under 
50.28 	this chapter;
50.29 	(3) the appropriate methods for directing and managing affiliated professionals who 
50.30 	may be utilized in providing protective services and strengthening family ties;
50.31 	(4) the appropriate methods for interviewing alleged victims of child maltreatment and 
50.32 	other children in the course of performing an assessment or an investigation;
51.1 	(5) the dynamics of child maltreatment within family systems and the appropriate methods 
51.2 	for interviewing parents in the course of the assessment or investigation, including training 
51.3 	in recognizing cases in which one of the parents is a victim of domestic abuse and in need 
51.4 	of special legal or medical services;
51.5 	(6) the legal, evidentiary considerations that may be relevant to the conduct of an 
51.6 	assessment or an investigation;
51.7 	(7) the circumstances under which it is appropriate to remove the alleged offender or 
51.8 	the alleged victim from the home;
51.9 	(8) the protective social services that are available to protect alleged victims from further 
51.10 	maltreatment, to prevent child maltreatment and domestic abuse, and to preserve the family 
51.11 	unit; and training in the preparation of case plans to coordinate services for the alleged child 
51.12 	victim with services for any parents who are victims of domestic abuse;
51.13 	(9) the methods by which child protection workers and law enforcement workers 
51.14 	cooperate in conducting assessments and investigations in order to avoid duplication of 
51.15 	efforts; and
51.16 	(10) appropriate methods for interviewing alleged victims and conducting investigations 
51.17 	in cases where the alleged victim is developmentally, physically, or mentally disabled.
51.18 		Subd. 5.Priority training. The commissioners of human services and public safety 
51.19 	shall provide the program courses described in subdivision 2 at convenient times and 
51.20 	locations in the state. The commissioners shall give training priority in the program areas 
51.21 	cited in subdivision 2 to persons currently performing assessments and investigations 
51.22 	pursuant to this chapter.
51.23 		Subd. 6.Revenue. (a) The commissioner of human services shall add the following 
51.24 	funds to the funds appropriated under section 260A.91, subdivision 2, to develop and support 
51.25 	training.
51.26 	(b) The commissioner of human services shall submit claims for federal reimbursement 
51.27 	earned through the activities and services supported through Department of Human Services 
51.28 	child protection or child welfare training funds. Federal revenue earned must be used to 
51.29 	improve and expand training services by the department. The department expenditures 
51.30 	eligible for federal reimbursement under this section must not be made from federal funds 
51.31 	or funds used to match other federal funds.
51.32 	(c) Each year, the commissioner of human services shall withhold from funds distributed 
51.33 	to each county under Minnesota Rules, parts 9550.0300 to 9550.0370, an amount equivalent 
52.1 	to 1.5 percent of each county's annual title XX allocation under section 256M.50. The 
52.2 	commissioner must use these funds to ensure decentralization of training.
52.3 	(d) The federal revenue under this subdivision is available for these purposes until the 
52.4 	funds are expended.

52.5 	Sec. 37. [260A.91] CHILD PROTECTION WORKERS; TRAINING.
52.6 		Subdivision 1.Definitions. (a) As used in this section, the following terms have the 
52.7 	meanings given unless the specific context indicates otherwise.
52.8 	(b) "Advanced training" means training provided to a local child protection worker after 
52.9 	the person has performed an initial six months of employment as a child protection worker.
52.10 	(c) "Child protection agency" means an agency authorized to receive reports, conduct 
52.11 	assessments and investigations, and make determinations pursuant to this chapter.
52.12 	(d) "Child protection services" means the receipt and assessment of reports of 
52.13 	maltreatment and the provision of services to families and children when maltreatment has 
52.14 	occurred or when there is risk of maltreatment. These services include:
52.15 	(1) the assessment of risk to a child alleged to have been maltreated;
52.16 	(2) interviews of any person alleged to have maltreated a child and the child or children 
52.17 	involved in the report, and interviews with persons having facts or knowledge necessary to 
52.18 	assess the level of risk to a child and the need for protective intervention;
52.19 	(3) the gathering of written or evidentiary materials;
52.20 	(4) the recording of case findings and determinations; and
52.21 	(5) other actions required by this chapter, administrative rule, or agency policy.
52.22 	(e) "Competency-based training" means a course of instruction that provides both 
52.23 	information and skills practice, which is based upon clearly stated and measurable 
52.24 	instructional objectives, and which requires demonstration of the achievement of a particular 
52.25 	standard of skills and knowledge for satisfactory completion.
52.26 	(f) "Foundation training" means training provided to a local child protection worker 
52.27 	after the person has begun to perform child protection duties, but before the expiration of 
52.28 	six months of employment as a child protection worker. This foundation training must occur 
52.29 	during the performance of job duties and must include an evaluation of the employee's 
52.30 	application of skills and knowledge.
53.1 		Subd. 2.Training program; development. The commissioner of human services shall 
53.2 	develop a program of competency-based foundation and advanced training for child 
53.3 	protection workers if funds are appropriated to the commissioner for this purpose.

53.4 	Sec. 38. [260A.95] AUDIT.
53.5 		Subdivision 1.Audit required. The commissioner shall regularly audit for accuracy 
53.6 	the data reported by counties on maltreatment of children.
53.7 		Subd. 2.Audit procedure. The commissioner shall develop a plan to perform quality 
53.8 	assurance reviews of local welfare agency screening practices and decisions. The 
53.9 	commissioner shall provide oversight and guidance to counties to ensure consistent 
53.10 	application of screening guidelines, thorough and appropriate screening decisions, and 
53.11 	correct documentation and maintenance of reports.
53.12 		Subd. 3.Report required. The commissioner shall produce an annual report of the 
53.13 	summary results of the reviews. The report must only contain aggregate data and may not 
53.14 	include any data that could be used to personally identify any subject whose data is included 
53.15 	in the report. The report is public information and must be provided to the chairs and ranking 
53.16 	minority members of the legislative committees having jurisdiction over child protection 
53.17 	issues.

53.18 	Sec. 39. REVISOR'S INSTRUCTION.
 53.19 	The revisor of statutes shall make necessary cross-reference changes and remove statutory 
53.20 	cross-references in Minnesota Statutes to conform with the recodification and repealer in 
53.21 	this act. The revisor may make technical and other necessary changes to sentence structure 
53.22 	to preserve the meaning of the text. The revisor may alter the statutory coding in this act to 
53.23 	incorporate statutory changes made by other law in the 2020 regular legislative session. If 
53.24 	a provision repealed in this act is also amended in the 2020 regular legislative session by 
53.25 	other law, the revisor shall merge the amendment into the recodification, notwithstanding 
53.26 	Minnesota Statutes, section 645.30.

53.27 	Sec. 40. REPEALER.
 53.28 	(a) Minnesota Statutes 2018, sections 626.556, subdivisions 1, 3, 3a, 3c, 3d, 3f, 4, 4a, 
53.29 	5, 6, 6a, 7, 7a, 8, 9, 10a, 10b, 10c, 10d, 10e, 10f, 10g, 10h, 10i, 10j, 10k, 10l, 10m, 10n, 
53.30 	11a, 11b, 11c, 11d, 12, 14, 15, and 16; 626.5561; 626.5562; 626.558; 626.559, subdivisions 
53.31 	1, 1a, 1b, 2, 3, and 5; 626.5591; and 626.561, are repealed.
54.1 	(b) Minnesota Statutes 2019 Supplement, section 626.556, subdivisions 2, 3b, 3e, 10, 
54.2 	and 11, are repealed.

54.3 	ARTICLE 2
54.4 	CONFORMING CHANGES

54.5 	Section 1. Minnesota Statutes 2018, section 13.32, subdivision 3, is amended to read:
54.6 		Subd. 3.Private data; when disclosure is permitted. Except as provided in subdivision 
54.7 	5, educational data is private data on individuals and shall not be disclosed except as follows:
54.8 	(a) pursuant to section 13.05;
54.9 	(b) pursuant to a valid court order;
54.10 	(c) pursuant to a statute specifically authorizing access to the private data;
54.11 	(d) to disclose information in health, including mental health, and safety emergencies 
54.12 	pursuant to the provisions of United States Code, title 20, section 1232g(b)(1)(I) and Code 
54.13 	of Federal Regulations, title 34, section 99.36;
54.14 	(e) pursuant to the provisions of United States Code, title 20, sections 1232g(b)(1), 
54.15 	(b)(4)(A), (b)(4)(B), (b)(1)(B), (b)(3), (b)(6), (b)(7), and (i), and Code of Federal Regulations, 
54.16 	title 34, sections 99.31, 99.32, 99.33, 99.34, 99.35, and 99.39;
54.17 	(f) to appropriate health authorities to the extent necessary to administer immunization 
54.18 	programs and for bona fide epidemiologic investigations which the commissioner of health 
54.19 	determines are necessary to prevent disease or disability to individuals in the public 
54.20 	educational agency or institution in which the investigation is being conducted;
54.21 	(g) when disclosure is required for institutions that participate in a program under title 
54.22 	IV of the Higher Education Act, United States Code, title 20, section 1092;
54.23 	(h) to the appropriate school district officials to the extent necessary under subdivision 
54.24 	6, annually to indicate the extent and content of remedial instruction, including the results 
54.25 	of assessment testing and academic performance at a postsecondary institution during the 
54.26 	previous academic year by a student who graduated from a Minnesota school district within 
54.27 	two years before receiving the remedial instruction;
54.28 	(i) to appropriate authorities as provided in United States Code, title 20, section 
54.29 	1232g(b)(1)(E)(ii), if the data concern the juvenile justice system and the ability of the 
54.30 	system to effectively serve, prior to adjudication, the student whose records are released; 
54.31 	provided that the authorities to whom the data are released submit a written request for the 
55.1 	data that certifies that the data will not be disclosed to any other person except as authorized 
55.2 	by law without the written consent of the parent of the student and the request and a record 
55.3 	of the release are maintained in the student's file;
55.4 	(j) to volunteers who are determined to have a legitimate educational interest in the data 
55.5 	and who are conducting activities and events sponsored by or endorsed by the educational 
55.6 	agency or institution for students or former students;
55.7 	(k) to provide student recruiting information, from educational data held by colleges 
55.8 	and universities, as required by and subject to Code of Federal Regulations, title 32, section 
55.9 	216;
55.10 	(l) to the juvenile justice system if information about the behavior of a student who poses 
55.11 	a risk of harm is reasonably necessary to protect the health or safety of the student or other 
55.12 	individuals;
55.13 	(m) with respect to Social Security numbers of students in the adult basic education 
55.14 	system, to Minnesota State Colleges and Universities and the Department of Employment 
55.15 	and Economic Development for the purpose and in the manner described in section 124D.52, 
55.16 	subdivision 7;
55.17 	(n) to the commissioner of education for purposes of an assessment or investigation of 
55.18 	a report of alleged maltreatment of a student as mandated by section 626.556 chapter 260A. 
55.19 	Upon request by the commissioner of education, data that are relevant to a report of 
55.20 	maltreatment and are from charter school and school district investigations of alleged 
55.21 	maltreatment of a student must be disclosed to the commissioner, including, but not limited 
55.22 	to, the following:
55.23 	(1) information regarding the student alleged to have been maltreated;
55.24 	(2) information regarding student and employee witnesses;
55.25 	(3) information regarding the alleged perpetrator; and
55.26 	(4) what corrective or protective action was taken, if any, by the school facility in response 
55.27 	to a report of maltreatment by an employee or agent of the school or school district;
55.28 	(o) when the disclosure is of the final results of a disciplinary proceeding on a charge 
55.29 	of a crime of violence or nonforcible sex offense to the extent authorized under United 
55.30 	States Code, title 20, section 1232g(b)(6)(A) and (B) and Code of Federal Regulations, title 
55.31 	34, sections 99.31 (a)(13) and (14);
56.1 	(p) when the disclosure is information provided to the institution under United States 
56.2 	Code, title 42, section 14071, concerning registered sex offenders to the extent authorized 
56.3 	under United States Code, title 20, section 1232g(b)(7); or
56.4 	(q) when the disclosure is to a parent of a student at an institution of postsecondary 
56.5 	education regarding the student's violation of any federal, state, or local law or of any rule 
56.6 	or policy of the institution, governing the use or possession of alcohol or of a controlled 
56.7 	substance, to the extent authorized under United States Code, title 20, section 1232g(i), and 
56.8 	Code of Federal Regulations, title 34, section 99.31 (a)(15), and provided the institution 
56.9 	has an information release form signed by the student authorizing disclosure to a parent. 
56.10 	The institution must notify parents and students about the purpose and availability of the 
56.11 	information release forms. At a minimum, the institution must distribute the information 
56.12 	release forms at parent and student orientation meetings.

56.13 	Sec. 2. Minnesota Statutes 2018, section 13.3805, subdivision 3, is amended to read:
56.14 		Subd. 3.Office of Health Facility Complaints; investigative data. Except for 
56.15 	investigative data under section 626.556 chapter 260A, all investigative data maintained by 
56.16 	the Department of Health's Office of Health Facility Complaints are subject to provisions 
56.17 	of and classified pursuant to section 626.557, subdivision 12b, paragraphs (b) to (d). 
56.18 	Notwithstanding sections 626.556, subdivision 11, 260A.40, subdivision 4; 260A.87; and 
56.19 	626.557, subdivision 12b, paragraph (b), data identifying an individual substantiated as the 
56.20 	perpetrator are public data. For purposes of this subdivision, an individual is substantiated 
56.21 	as the perpetrator if the commissioner of health determines that the individual is the 
56.22 	perpetrator and the determination of the commissioner is upheld after the individual either 
56.23 	exercises applicable administrative appeal rights or fails to exercise these rights within the 
56.24 	time allowed by law.

56.25 	Sec. 3. Minnesota Statutes 2018, section 13.43, subdivision 14, is amended to read:
56.26 		Subd. 14.Maltreatment data. (a) When a report of alleged maltreatment of a student 
56.27 	in a school facility, as defined in section 626.556, subdivision 2, paragraph (c) 260A.20, 
56.28 	subdivision 6, is made to the commissioner of education under section 626.556 chapter 
56.29 	260A, data that are relevant to a report of maltreatment and are collected by the school 
56.30 	facility about the person alleged to have committed maltreatment must be provided to the 
56.31 	commissioner of education upon request for purposes of an assessment or investigation of 
56.32 	the maltreatment report. Data received by the commissioner of education pursuant to these 
56.33 	assessments or investigations are classified under section 626.556 chapter 260A.
57.1 	(b) Personnel data may be released for purposes of providing information to a parent, 
57.2 	legal guardian, or custodian of a child under section 626.556, subdivision 7 260A.34.

57.3 	Sec. 4. Minnesota Statutes 2019 Supplement, section 13.46, subdivision 3, is amended to 
57.4 	read:
57.5 		Subd. 3.Investigative data. (a) Data on persons, including data on vendors of services, 
57.6 	licensees, and applicants that is collected, maintained, used, or disseminated by the welfare 
57.7 	system in an investigation, authorized by statute, and relating to the enforcement of rules 
57.8 	or law are confidential data on individuals pursuant to section 13.02, subdivision 3, or 
57.9 	protected nonpublic data not on individuals pursuant to section 13.02, subdivision 13, and 
57.10 	shall not be disclosed except:
57.11 	(1) pursuant to section 13.05;
57.12 	(2) pursuant to statute or valid court order;
57.13 	(3) to a party named in a civil or criminal proceeding, administrative or judicial, for 
57.14 	preparation of defense;
57.15 	(4) to an agent of the welfare system or an investigator acting on behalf of a county, 
57.16 	state, or federal government, including a law enforcement officer or attorney in the 
57.17 	investigation or prosecution of a criminal, civil, or administrative proceeding, unless the 
57.18 	commissioner of human services determines that disclosure may compromise a Department 
57.19 	of Human Services ongoing investigation; or
57.20 	(5) to provide notices required or permitted by statute.
57.21 	The data referred to in this subdivision shall be classified as public data upon submission 
57.22 	to an administrative law judge or court in an administrative or judicial proceeding. Inactive 
57.23 	welfare investigative data shall be treated as provided in section 13.39, subdivision 3.
57.24 	(b) Notwithstanding any other provision in law, the commissioner of human services 
57.25 	shall provide all active and inactive investigative data, including the name of the reporter 
57.26 	of alleged maltreatment under section 626.556 or626.557 or chapter 260A, to the ombudsman 
57.27 	for mental health and developmental disabilities upon the request of the ombudsman.
57.28 	(c) Notwithstanding paragraph (a) and section 13.39, the existence of an investigation 
57.29 	by the commissioner of human services of possible overpayments of public funds to a service 
57.30 	provider or recipient may be disclosed if the commissioner determines that it will not 
57.31 	compromise the investigation.

58.1 	Sec. 5. Minnesota Statutes 2019 Supplement, section 13.46, subdivision 4, is amended to 
58.2 	read:
58.3 		Subd. 4.Licensing data. (a) As used in this subdivision:
58.4 	(1) "licensing data" are all data collected, maintained, used, or disseminated by the 
58.5 	welfare system pertaining to persons licensed or registered or who apply for licensure or 
58.6 	registration or who formerly were licensed or registered under the authority of the 
58.7 	commissioner of human services;
58.8 	(2) "client" means a person who is receiving services from a licensee or from an applicant 
58.9 	for licensure; and
58.10 	(3) "personal and personal financial data" are Social Security numbers, identity of and 
58.11 	letters of reference, insurance information, reports from the Bureau of Criminal 
58.12 	Apprehension, health examination reports, and social/home studies.
58.13 	(b)(1)(i) Except as provided in paragraph (c), the following data on applicants, license 
58.14 	holders, and former licensees are public: name, address, telephone number of licensees, 
58.15 	date of receipt of a completed application, dates of licensure, licensed capacity, type of 
58.16 	client preferred, variances granted, record of training and education in child care and child 
58.17 	development, type of dwelling, name and relationship of other family members, previous 
58.18 	license history, class of license, the existence and status of complaints, and the number of 
58.19 	serious injuries to or deaths of individuals in the licensed program as reported to the 
58.20 	commissioner of human services, the local social services agency, or any other county 
58.21 	welfare agency. For purposes of this clause, a serious injury is one that is treated by a 
58.22 	physician.
58.23 	(ii) Except as provided in item (v), when a correction order, an order to forfeit a fine, 
58.24 	an order of license suspension, an order of temporary immediate suspension, an order of 
58.25 	license revocation, an order of license denial, or an order of conditional license has been 
58.26 	issued, or a complaint is resolved, the following data on current and former licensees and 
58.27 	applicants are public: the general nature of the complaint or allegations leading to the 
58.28 	temporary immediate suspension; the substance and investigative findings of the licensing 
58.29 	or maltreatment complaint, licensing violation, or substantiated maltreatment; the existence 
58.30 	of settlement negotiations; the record of informal resolution of a licensing violation; orders 
58.31 	of hearing; findings of fact; conclusions of law; specifications of the final correction order, 
58.32 	fine, suspension, temporary immediate suspension, revocation, denial, or conditional license 
58.33 	contained in the record of licensing action; whether a fine has been paid; and the status of 
58.34 	any appeal of these actions.
59.1 	(iii) When a license denial under section 245A.05 or a sanction under section 245A.07 
59.2 	is based on a determination that a license holder, applicant, or controlling individual is 
59.3 	responsible for maltreatment under section 626.556 or626.557 or chapter 260A, the identity 
59.4 	of the applicant, license holder, or controlling individual as the individual responsible for 
59.5 	maltreatment is public data at the time of the issuance of the license denial or sanction.
59.6 	(iv) When a license denial under section 245A.05 or a sanction under section 245A.07 
59.7 	is based on a determination that a license holder, applicant, or controlling individual is 
59.8 	disqualified under chapter 245C, the identity of the license holder, applicant, or controlling 
59.9 	individual as the disqualified individual and the reason for the disqualification are public 
59.10 	data at the time of the issuance of the licensing sanction or denial. If the applicant, license 
59.11 	holder, or controlling individual requests reconsideration of the disqualification and the 
59.12 	disqualification is affirmed, the reason for the disqualification and the reason to not set aside 
59.13 	the disqualification are public data.
59.14 	(v) A correction order or fine issued to a child care provider for a licensing violation is 
59.15 	private data on individuals under section 13.02, subdivision 12, or nonpublic data under 
59.16 	section 13.02, subdivision 9, if the correction order or fine is seven years old or older.
59.17 	(2) For applicants who withdraw their application prior to licensure or denial of a license, 
59.18 	the following data are public: the name of the applicant, the city and county in which the 
59.19 	applicant was seeking licensure, the dates of the commissioner's receipt of the initial 
59.20 	application and completed application, the type of license sought, and the date of withdrawal 
59.21 	of the application.
59.22 	(3) For applicants who are denied a license, the following data are public: the name and 
59.23 	address of the applicant, the city and county in which the applicant was seeking licensure, 
59.24 	the dates of the commissioner's receipt of the initial application and completed application, 
59.25 	the type of license sought, the date of denial of the application, the nature of the basis for 
59.26 	the denial, the existence of settlement negotiations, the record of informal resolution of a 
59.27 	denial, orders of hearings, findings of fact, conclusions of law, specifications of the final 
59.28 	order of denial, and the status of any appeal of the denial.
59.29 	(4) When maltreatment is substantiated under section 626.556 or626.557 or chapter 
59.30 	260A and the victim and the substantiated perpetrator are affiliated with a program licensed 
59.31 	under chapter 245A, the commissioner of human services, local social services agency, or 
59.32 	county welfare agency may inform the license holder where the maltreatment occurred of 
59.33 	the identity of the substantiated perpetrator and the victim.
60.1 	(5) Notwithstanding clause (1), for child foster care, only the name of the license holder 
60.2 	and the status of the license are public if the county attorney has requested that data otherwise 
60.3 	classified as public data under clause (1) be considered private data based on the best interests 
60.4 	of a child in placement in a licensed program.
60.5 	(c) The following are private data on individuals under section 13.02, subdivision 12, 
60.6 	or nonpublic data under section 13.02, subdivision 9: personal and personal financial data 
60.7 	on family day care program and family foster care program applicants and licensees and 
60.8 	their family members who provide services under the license.
60.9 	(d) The following are private data on individuals: the identity of persons who have made 
60.10 	reports concerning licensees or applicants that appear in inactive investigative data, and the 
60.11 	records of clients or employees of the licensee or applicant for licensure whose records are 
60.12 	received by the licensing agency for purposes of review or in anticipation of a contested 
60.13 	matter. The names of reporters of complaints or alleged violations of licensing standards 
60.14 	under chapters 245A, 245B, 245C, and 245D, and applicable rules and alleged maltreatment 
60.15 	under sections 626.556 and section626.557 and chapter 260A, are confidential data and 
60.16 	may be disclosed only as provided in section 626.556, subdivision 11, 260A.40, subdivision 
60.17 	4; 260A.87; or 626.557, subdivision 12b.
60.18 	(e) Data classified as private, confidential, nonpublic, or protected nonpublic under this 
60.19 	subdivision become public data if submitted to a court or administrative law judge as part 
60.20 	of a disciplinary proceeding in which there is a public hearing concerning a license which 
60.21 	has been suspended, immediately suspended, revoked, or denied.
60.22 	(f) Data generated in the course of licensing investigations that relate to an alleged 
60.23 	violation of law are investigative data under subdivision 3.
60.24 	(g) Data that are not public data collected, maintained, used, or disseminated under this 
60.25 	subdivision that relate to or are derived from a report as defined in section 626.556, 
60.26 	subdivision 2 260A.20, or 626.5572, subdivision 18, are subject to the destruction provisions 
60.27 	of sections 626.556, subdivision 11c 260A.87, subdivision 6, and 626.557, subdivision 12b.
60.28 	(h) Upon request, not public data collected, maintained, used, or disseminated under 
60.29 	this subdivision that relate to or are derived from a report of substantiated maltreatment as 
60.30 	defined in section 626.556 or626.557or chapter 260A may be exchanged with the 
60.31 	Department of Health for purposes of completing background studies pursuant to section 
60.32 	144.057 and with the Department of Corrections for purposes of completing background 
60.33 	studies pursuant to section 241.021.
61.1 	(i) Data on individuals collected according to licensing activities under chapters 245A
61.2 	and 245C, data on individuals collected by the commissioner of human services according 
61.3 	to investigations under section 626.557 and chapters 245A, 245B, 245C, and245D, and 
61.4 	sections 626.556 and 626.557 260A may be shared with the Department of Human Rights, 
61.5 	the Department of Health, the Department of Corrections, the ombudsman for mental health 
61.6 	and developmental disabilities, and the individual's professional regulatory board when 
61.7 	there is reason to believe that laws or standards under the jurisdiction of those agencies may 
61.8 	have been violated or the information may otherwise be relevant to the board's regulatory 
61.9 	jurisdiction. Background study data on an individual who is the subject of a background 
61.10 	study under chapter 245C for a licensed service for which the commissioner of human 
61.11 	services is the license holder may be shared with the commissioner and the commissioner's 
61.12 	delegate by the licensing division. Unless otherwise specified in this chapter, the identity 
61.13 	of a reporter of alleged maltreatment or licensing violations may not be disclosed.
61.14 	(j) In addition to the notice of determinations required under section 626.556, subdivision 
61.15 	10f sections 260A.43, subdivisions 5 and 7, and 260A.52, subdivision 6, paragraphs (b), 
61.16 	(c), (d), (e), and (f), if the commissioner or the local social services agency has determined 
61.17 	that an individual is a substantiated perpetrator of maltreatment of a child based on sexual 
61.18 	abuse, as defined in section 626.556, subdivision 2 260A.20, and the commissioner or local 
61.19 	social services agency knows that the individual is a person responsible for a child's care 
61.20 	in another facility, the commissioner or local social services agency shall notify the head 
61.21 	of that facility of this determination. The notification must include an explanation of the 
61.22 	individual's available appeal rights and the status of any appeal. If a notice is given under 
61.23 	this paragraph, the government entity making the notification shall provide a copy of the 
61.24 	notice to the individual who is the subject of the notice.
61.25 	(k) All not public data collected, maintained, used, or disseminated under this subdivision 
61.26 	and subdivision 3 may be exchanged between the Department of Human Services, Licensing 
61.27 	Division, and the Department of Corrections for purposes of regulating services for which 
61.28 	the Department of Human Services and the Department of Corrections have regulatory 
61.29 	authority.

61.30 	Sec. 6. Minnesota Statutes 2018, section 13.82, subdivision 8, is amended to read:
61.31 		Subd. 8.Child abuse identity data. Active or inactive investigative data that identify 
61.32 	a victim of child abuse or neglect reported under section 626.556 chapter 260A are private 
61.33 	data on individuals. Active or inactive investigative data that identify a reporter of child 
61.34 	abuse or neglect under section 626.556 chapter 260A are confidential data on individuals, 
62.1 	unless the subject of the report compels disclosure under section 626.556, subdivision 11
62.2 	sections 260A.40, subdivision 4, or 260A.87.

62.3 	Sec. 7. Minnesota Statutes 2018, section 13.82, subdivision 9, is amended to read:
62.4 		Subd. 9.Inactive child abuse data. Investigative data that become inactive under 
62.5 	subdivision 7, clause (a) or (b), and that relate to the alleged abuse or neglect of a child by 
62.6 	a person responsible for the child's care, as defined in section 626.556, subdivision 2 260A.20, 
62.7 	are private data.

62.8 	Sec. 8. Minnesota Statutes 2018, section 13.82, subdivision 17, is amended to read:
62.9 		Subd. 17.Protection of identities. A law enforcement agency or a law enforcement 
62.10 	dispatching agency working under direction of a law enforcement agency shall withhold 
62.11 	public access to data on individuals to protect the identity of individuals in the following 
62.12 	circumstances:
62.13 	(a) when access to the data would reveal the identity of an undercover law enforcement 
62.14 	officer, as provided in section 13.43, subdivision 5;
62.15 	(b) when access to the data would reveal the identity of a victim or alleged victim of 
62.16 	criminal sexual conduct or sex trafficking under section 609.322, 609.341 to 609.3451, or 
62.17 	617.246, subdivision 2;
62.18 	(c) when access to the data would reveal the identity of a paid or unpaid informant being 
62.19 	used by the agency if the agency reasonably determines that revealing the identity of the 
62.20 	informant would threaten the personal safety of the informant;
62.21 	(d) when access to the data would reveal the identity of a victim of or witness to a crime 
62.22 	if the victim or witness specifically requests not to be identified publicly, unless the agency 
62.23 	reasonably determines that revealing the identity of the victim or witness would not threaten 
62.24 	the personal safety or property of the individual;
62.25 	(e) when access to the data would reveal the identity of a deceased person whose body 
62.26 	was unlawfully removed from a cemetery in which it was interred;
62.27 	(f) when access to the data would reveal the identity of a person who placed a call to a 
62.28 	911 system or the identity or telephone number of a service subscriber whose phone is used 
62.29 	to place a call to the 911 system and: (1) the agency determines that revealing the identity 
62.30 	may threaten the personal safety or property of any person; or (2) the object of the call is 
62.31 	to receive help in a mental health emergency. For the purposes of this paragraph, a voice 
62.32 	recording of a call placed to the 911 system is deemed to reveal the identity of the caller;
63.1 	(g) when access to the data would reveal the identity of a juvenile witness and the agency 
63.2 	reasonably determines that the subject matter of the investigation justifies protecting the 
63.3 	identity of the witness; or
63.4 	(h) when access to the data would reveal the identity of a mandated reporter under section 
63.5 	60A.952, subdivision 2, 609.456, 626.556, or 626.557 or chapter 260A.
63.6 	Data concerning individuals whose identities are protected by this subdivision are private 
63.7 	data about those individuals. Law enforcement agencies shall establish procedures to acquire 
63.8 	the data and make the decisions necessary to protect the identity of individuals described 
63.9 	in clauses (c), (d), (f), and (g).

63.10 	Sec. 9. Minnesota Statutes 2018, section 13.821, is amended to read:
63.11 	13.821 VIDEOTAPES OF CHILD ABUSE VICTIMS.
63.12 	(a) Notwithstanding section 13.04, subdivision 3, an individual subject of data may not 
63.13 	obtain a copy of a videotape in which a child victim or alleged victim is alleging, explaining, 
63.14 	denying, or describing an act of physical or sexual abuse without a court order under section 
63.15 	13.03, subdivision 6, or 611A.90. The definitions of physical abuse and sexual abuse in 
63.16 	section 626.556, subdivision 2 260A.20, apply to this section, except that abuse is not limited 
63.17 	to acts by a person responsible for the child's care or in a significant relationship with the 
63.18 	child or position of authority.
63.19 	(b) This section does not limit other rights of access to data by an individual under section 
63.20 	13.04, subdivision 3, other than the right to obtain a copy of the videotape, nor prohibit 
63.21 	rights of access pursuant to discovery in a court proceeding.

63.22 	Sec. 10. Minnesota Statutes 2018, section 13.84, subdivision 9, is amended to read:
63.23 		Subd. 9.Child abuse data; release to child protective services. A court services agency 
63.24 	may release private or confidential data on an active case involving assessment or 
63.25 	investigation of actions that are defined as sexual abuse, physical abuse, or neglect under 
63.26 	section 626.556 chapter 260A to a local welfare agency if:
63.27 	(1) the local welfare agency has an active case involving a common client or clients who 
63.28 	are the subject of the data; and
63.29 	(2) the data are necessary for the local welfare agency to effectively process the agency's 
63.30 	case, including investigating or performing other duties relating to the case required by law.
64.1 	Court services data disclosed under this subdivision may be used only for purposes of 
64.2 	the active case described in clause (1) and may not be further disclosed to any other person 
64.3 	or agency, except as authorized by law.

64.4 	Sec. 11. Minnesota Statutes 2018, section 13.871, subdivision 6, is amended to read:
64.5 		Subd. 6.Training; investigation; apprehension; reports. (a) Reports of gunshot 
64.6 	wounds. Disclosure of the name of a person making a report under section 626.52, 
64.7 	subdivision 2, 260A.20 is governed by section 626.53.
64.8 	(b) Child abuse report records. Data contained in child abuse report records are 
64.9 	classified under section 626.556 chapter 260A.
64.10 	(c) Interstate data exchange. Disclosure of child abuse reports to agencies of another 
64.11 	state is classified under section 626.556, subdivision 10g 260A.87, subdivision 3, paragraphs 
64.12 	(b) and (c).
64.13 	(d) Release to family court services. Release of child abuse data to a court services 
64.14 	agency is authorized under section 626.556, subdivision 10h 260A.87, subdivision 3, 
64.15 	paragraphs (d) and (e).
64.16 	(e) Release of data to mandated reporters. Release of child abuse data to mandated 
64.17 	reporters who have an ongoing responsibility for the health, education, or welfare of a child 
64.18 	affected by the data is authorized under section 626.556, subdivision 10j 260A.87, 
64.19 	subdivision 4.
64.20 	(f) Release of child abuse assessment or investigative records to other counties. 
64.21 	Release of child abuse investigative records to local welfare agencies is authorized under 
64.22 	section 626.556, subdivision 10k 260A.87, subdivision 3, paragraph (f).
64.23 	(g) Classifying and sharing records and reports of child abuse. The classification of 
64.24 	child abuse data and the sharing of records and reports of child abuse by and between local 
64.25 	welfare agencies and law enforcement agencies are governed under section 626.556, 
64.26 	subdivision 11 sections 260A.40, subdivision 4, and 260A.87.
64.27 	(h) Disclosure of information not required in certain cases. Disclosure of certain data 
64.28 	obtained from interviewing a minor is governed by section 626.556, subdivision 11a 260A.87, 
64.29 	subdivision 8.
64.30 	(i) Data received from law enforcement. Classifying child abuse data received by 
64.31 	certain agencies from law enforcement agencies is governed under section 626.556, 
64.32 	subdivision 11b 260A.87, subdivision 3, paragraph (p).
65.1 	(j) Disclosure in child fatality cases. Disclosure of information relating to a child fatality 
65.2 	is governed under section 626.556, subdivision 11d 260A.87, subdivision 7.
65.3 	(k) Reports of prenatal exposure to controlled substances. Data on persons making 
65.4 	reports under section 626.5561 260A.70 are classified under section 626.5561, subdivision 
65.5 	3 260A.87, subdivision 3.
65.6 	(l) Vulnerable adult report records. Data contained in vulnerable adult report records 
65.7 	are classified under section 626.557, subdivision 12b.
65.8 	(m) Adult protection team information sharing. Sharing of local welfare agency 
65.9 	vulnerable adult data with a protection team is governed by section 626.5571, subdivision 
65.10 	3.
65.11 	(n) Child protection team. Data acquired by a case consultation committee or 
65.12 	subcommittee of a child protection team are classified by section 626.558, subdivision 3
65.13 	260A.12, subdivision 4.
65.14 	(o) Peace officer discipline procedures. Access by an officer under investigation to 
65.15 	the investigating agency's investigative report on the officer is governed by section 626.89, 
65.16 	subdivision 6.
65.17 	(p) Racial profiling study data. Racial profiling study data is governed by Minnesota 
65.18 	Statutes 2006, section 626.951.

65.19 	Sec. 12. Minnesota Statutes 2018, section 13.88, is amended to read:
65.20 	13.88 COMMUNITY DISPUTE RESOLUTION CENTER DATA.
65.21 	The guidelines shall provide that all files relating to a case in a community dispute 
65.22 	resolution program are to be classified as private data on individuals, pursuant to section 
65.23 	13.02, subdivision 12, with the following exceptions:
65.24 	(1) When a party to the case has been formally charged with a criminal offense, the data 
65.25 	are to be classified as public data on individuals, pursuant to section 13.02, subdivision 15.
65.26 	(2) Data relating to suspected neglect or physical or sexual abuse of children or 
65.27 	maltreatment of vulnerable adults are to be subject to the reporting requirements of sections 
65.28 	626.556 and section626.557 and chapter 260A.

65.29 	Sec. 13. Minnesota Statutes 2018, section 120B.22, subdivision 2, is amended to read:
65.30 		Subd. 2.In-service training. Each district is encouraged to provide training for district 
65.31 	staff and school board members on the following:
66.1 	(1) helping students identify violence in the family and the community so that students 
66.2 	may learn to resolve conflicts in effective, nonviolent ways;
66.3 	(2) responding to a disclosure of child sexual abuse in a supportive, appropriate manner; 
66.4 	and
66.5 	(3) complying with mandatory reporting requirements under section 626.556 chapter 
66.6 	260A.
66.7 	The in-service training must be ongoing and involve experts familiar with sexual abuse, 
66.8 	domestic violence, and personal safety issues.

66.9 	Sec. 14. Minnesota Statutes 2019 Supplement, section 122A.20, subdivision 2, is amended 
66.10 	to read:
66.11 		Subd. 2.Mandatory reporting. (a) A school board, superintendent, charter school 
66.12 	board, charter school executive director, or charter school authorizer must report to the 
66.13 	Professional Educator Licensing and Standards Board, the Board of School Administrators, 
66.14 	or the Board of Trustees of the Minnesota State Colleges and Universities, whichever has 
66.15 	jurisdiction over the teacher's or administrator's license, when its teacher or administrator 
66.16 	is discharged or resigns from employment after a charge is filed with the school board under 
66.17 	section 122A.41, subdivisions 6, clauses (1), (2), and (3), and 7, or after charges are filed 
66.18 	that are grounds for discharge under section 122A.40, subdivision 13, paragraph (a), clauses 
66.19 	(1) to (5), or when a teacher or administrator is suspended or resigns while an investigation 
66.20 	is pending under section 122A.40, subdivision 13, paragraph (a), clauses (1) to (5), or chapter 
66.21 	260A; or 122A.41, subdivisions 6, clauses (1), (2), and (3), and 7; or 626.556, or when a 
66.22 	teacher or administrator is suspended without an investigation under section 122A.41, 
66.23 	subdivisions 6, paragraph (a), clauses (1), (2), and (3), and 7; or 626.556, or chapter 260A. 
66.24 	The report must be made to the appropriate licensing board within ten days after the 
66.25 	discharge, suspension, or resignation has occurred. The licensing board to which the report 
66.26 	is made must investigate the report for violation of subdivision 1 and the reporting board, 
66.27 	administrator, or authorizer must cooperate in the investigation. Notwithstanding any 
66.28 	provision in chapter 13 or any law to the contrary, upon written request from the licensing 
66.29 	board having jurisdiction over the license, a board, charter school, authorizer, charter school 
66.30 	executive director, or school superintendent shall provide the licensing board with information 
66.31 	about the teacher or administrator from the district's files, any termination or disciplinary 
66.32 	proceeding, any settlement or compromise, or any investigative file. Upon written request 
66.33 	from the appropriate licensing board, a board or school superintendent may, at the discretion 
66.34 	of the board or school superintendent, solicit the written consent of a student and the student's 
67.1 	parent to provide the licensing board with information that may aid the licensing board in 
67.2 	its investigation and license proceedings. The licensing board's request need not identify a 
67.3 	student or parent by name. The consent of the student and the student's parent must meet 
67.4 	the requirements of chapter 13 and Code of Federal Regulations, title 34, section 99.30. 
67.5 	The licensing board may provide a consent form to the district. Any data transmitted to any 
67.6 	board under this section is private data under section 13.02, subdivision 12, notwithstanding 
67.7 	any other classification of the data when it was in the possession of any other agency.
67.8 	(b) The licensing board to which a report is made must transmit to the Attorney General's 
67.9 	Office any record or data it receives under this subdivision for the sole purpose of having 
67.10 	the Attorney General's Office assist that board in its investigation. When the Attorney 
67.11 	General's Office has informed an employee of the appropriate licensing board in writing 
67.12 	that grounds exist to suspend or revoke a teacher's license to teach, that licensing board 
67.13 	must consider suspending or revoking or decline to suspend or revoke the teacher's or 
67.14 	administrator's license within 45 days of receiving a stipulation executed by the teacher or 
67.15 	administrator under investigation or a recommendation from an administrative law judge 
67.16 	that disciplinary action be taken.
67.17 	(c) The Professional Educator Licensing and Standards Board and Board of School 
67.18 	Administrators must report to the appropriate law enforcement authorities a revocation, 
67.19 	suspension, or agreement involving a loss of license, relating to a teacher or administrator's 
67.20 	inappropriate sexual conduct with a minor. For purposes of this section, "law enforcement 
67.21 	authority" means a police department, county sheriff, or tribal police department. A report 
67.22 	by the Professional Educator Licensing and Standards Board to appropriate law enforcement 
67.23 	authorities does not diminish, modify, or otherwise affect the responsibilities of a school 
67.24 	board or any person mandated to report abuse under section 626.556 chapter 260A.

67.25 	Sec. 15. Minnesota Statutes 2019 Supplement, section 122A.40, subdivision 13, is amended 
67.26 	to read:
67.27 		Subd. 13.Immediate discharge. (a) Except as otherwise provided in paragraph (b), a 
67.28 	board may discharge a continuing-contract teacher, effective immediately, upon any of the 
67.29 	following grounds:
67.30 	(1) immoral conduct, insubordination, or conviction of a felony;
67.31 	(2) conduct unbecoming a teacher which requires the immediate removal of the teacher 
67.32 	from classroom or other duties;
68.1 	(3) failure without justifiable cause to teach without first securing the written release of 
68.2 	the school board;
68.3 	(4) gross inefficiency which the teacher has failed to correct after reasonable written 
68.4 	notice;
68.5 	(5) willful neglect of duty; or
68.6 	(6) continuing physical or mental disability subsequent to a 12 months leave of absence 
68.7 	and inability to qualify for reinstatement in accordance with subdivision 12.
68.8 	For purposes of this paragraph, conduct unbecoming a teacher includes an unfair 
68.9 	discriminatory practice described in section 363A.13.
68.10 	Prior to discharging a teacher under this paragraph, the board must notify the teacher in 
68.11 	writing and state its ground for the proposed discharge in reasonable detail. Within ten days 
68.12 	after receipt of this notification the teacher may make a written request for a hearing before 
68.13 	the board and it shall be granted before final action is taken. The board may suspend a 
68.14 	teacher with pay pending the conclusion of the hearing and determination of the issues 
68.15 	raised in the hearing after charges have been filed which constitute ground for discharge. 
68.16 	If a teacher has been charged with a felony and the underlying conduct that is the subject 
68.17 	of the felony charge is a ground for a proposed immediate discharge, the suspension pending 
68.18 	the conclusion of the hearing and determination of the issues may be without pay. If a 
68.19 	hearing under this paragraph is held, the board must reimburse the teacher for any salary 
68.20 	or compensation withheld if the final decision of the board or the arbitrator does not result 
68.21 	in a penalty to or suspension, termination, or discharge of the teacher.
68.22 	(b) A board must discharge a continuing-contract teacher, effective immediately, upon 
68.23 	receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's 
68.24 	license has been revoked due to a conviction for child abuse, as defined in section 609.185; 
68.25 	sex trafficking in the first degree under section 609.322, subdivision 1; sex trafficking in 
68.26 	the second degree under section 609.322, subdivision 1a; engaging in hiring or agreeing to 
68.27 	hire a minor to engage in prostitution under section 609.324, subdivision 1; sexual abuse 
68.28 	under section 609.342, 609.343, 609.344, 609.345, 609.3451, subdivision 3, or 617.23, 
68.29 	subdivision 3; solicitation of children to engage in sexual conduct or communication of 
68.30 	sexually explicit materials to children under section 609.352; interference with privacy 
68.31 	under section 609.746 or harassment or stalking under section 609.749 and the victim was 
68.32 	a minor; using minors in a sexual performance under section 617.246; possessing 
68.33 	pornographic works involving a minor under section 617.247; or any other offense not listed 
69.1 	in this paragraph that requires the person to register as a predatory offender under section 
69.2 	243.166, or a crime under a similar law of another state or the United States.
69.3 	(c) When a teacher is discharged under paragraph (b) or when the commissioner makes 
69.4 	a final determination of child maltreatment involving a teacher under section 626.556, 
69.5 	subdivision 11 260A.40, subdivision 4, or 260A.87, the school principal or other person 
69.6 	having administrative control of the school must include in the teacher's employment record 
69.7 	the information contained in the record of the disciplinary action or the final maltreatment 
69.8 	determination, consistent with the definition of public data under section 13.41, subdivision 
69.9 	5, and must provide the Professional Educator Licensing and Standards Board and the 
69.10 	licensing division at the department with the necessary and relevant information to enable 
69.11 	the Professional Educator Licensing and Standards Board and the department's licensing 
69.12 	division to fulfill their statutory and administrative duties related to issuing, renewing, 
69.13 	suspending, or revoking a teacher's license. Information received by the Professional Educator 
69.14 	Licensing and Standards Board or the licensing division at the department under this 
69.15 	paragraph is governed by section 13.41 or other applicable law governing data of the 
69.16 	receiving entity. In addition to the background check required under section 123B.03, a 
69.17 	school board or other school hiring authority must contact the Professional Educator 
69.18 	Licensing and Standards Board and the department to determine whether the teacher's license 
69.19 	has been suspended or revoked, consistent with the discharge and final maltreatment 
69.20 	determinations identified in this paragraph. Unless restricted by federal or state data practices 
69.21 	law or by the terms of a collective bargaining agreement, the responsible authority for a 
69.22 	school district must disseminate to another school district private personnel data on a current 
69.23 	or former teacher employee or contractor of the district, including the results of background 
69.24 	investigations, if the requesting school district seeks the information because the subject of 
69.25 	the data has applied for employment with the requesting school district.

69.26 	Sec. 16. Minnesota Statutes 2019 Supplement, section 122A.41, subdivision 6, is amended 
69.27 	to read:
69.28 		Subd. 6.Grounds for discharge or demotion. (a) Except as otherwise provided in 
69.29 	paragraph (b), causes for the discharge or demotion of a teacher either during or after the 
69.30 	probationary period must be:
69.31 	(1) immoral character, conduct unbecoming a teacher, or insubordination;
69.32 	(2) failure without justifiable cause to teach without first securing the written release of 
69.33 	the school board having the care, management, or control of the school in which the teacher 
69.34 	is employed;
70.1 	(3) inefficiency in teaching or in the management of a school, consistent with subdivision 
70.2 	5, paragraph (b);
70.3 	(4) affliction with a communicable disease must be considered as cause for removal or 
70.4 	suspension while the teacher is suffering from such disability; or
70.5 	(5) discontinuance of position or lack of pupils.
70.6 	For purposes of this paragraph, conduct unbecoming a teacher includes an unfair 
70.7 	discriminatory practice described in section 363A.13.
70.8 	(b) A probationary or continuing-contract teacher must be discharged immediately upon 
70.9 	receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's 
70.10 	license has been revoked due to a conviction for child abuse, as defined in section 609.185; 
70.11 	sex trafficking in the first degree under section 609.322, subdivision 1; sex trafficking in 
70.12 	the second degree under section 609.322, subdivision 1a; engaging in hiring or agreeing to 
70.13 	hire a minor to engage in prostitution under section 609.324, subdivision 1; sexual abuse 
70.14 	under section 609.342, 609.343, 609.344, 609.345, 609.3451, subdivision 3, or 617.23, 
70.15 	subdivision 3; solicitation of children to engage in sexual conduct or communication of 
70.16 	sexually explicit materials to children under section 609.352; interference with privacy 
70.17 	under section 609.746 or harassment or stalking under section 609.749 and the victim was 
70.18 	a minor; using minors in a sexual performance under section 617.246; possessing 
70.19 	pornographic works involving a minor under section 617.247; or any other offense not listed 
70.20 	in this paragraph that requires the person to register as a predatory offender under section 
70.21 	243.166, or a crime under a similar law of another state or the United States.
70.22 	(c) When a teacher is discharged under paragraph (b) or when the commissioner makes 
70.23 	a final determination of child maltreatment involving a teacher under section 626.556, 
70.24 	subdivision 11 260A.40, subdivision 4, or 260A.87, the school principal or other person 
70.25 	having administrative control of the school must include in the teacher's employment record 
70.26 	the information contained in the record of the disciplinary action or the final maltreatment 
70.27 	determination, consistent with the definition of public data under section 13.41, subdivision 
70.28 	5, and must provide the Professional Educator Licensing and Standards Board and the 
70.29 	licensing division at the department with the necessary and relevant information to enable 
70.30 	the Professional Educator Licensing and Standards Board and the department's licensing 
70.31 	division to fulfill their statutory and administrative duties related to issuing, renewing, 
70.32 	suspending, or revoking a teacher's license. Information received by the Professional Educator 
70.33 	Licensing and Standards Board or the licensing division at the department under this 
70.34 	paragraph is governed by section 13.41 or other applicable law governing data of the 
71.1 	receiving entity. In addition to the background check required under section 123B.03, a 
71.2 	school board or other school hiring authority must contact the Professional Educator 
71.3 	Licensing and Standards Board and the department to determine whether the teacher's license 
71.4 	has been suspended or revoked, consistent with the discharge and final maltreatment 
71.5 	determinations identified in this paragraph. Unless restricted by federal or state data practices 
71.6 	law or by the terms of a collective bargaining agreement, the responsible authority for a 
71.7 	school district must disseminate to another school district private personnel data on a current 
71.8 	or former teacher employee or contractor of the district, including the results of background 
71.9 	investigations, if the requesting school district seeks the information because the subject of 
71.10 	the data has applied for employment with the requesting school district.

71.11 	Sec. 17. Minnesota Statutes 2018, section 125A.0942, subdivision 4, is amended to read:
71.12 		Subd. 4.Prohibitions. The following actions or procedures are prohibited:
71.13 	(1) engaging in conduct prohibited under section 121A.58;
71.14 	(2) requiring a child to assume and maintain a specified physical position, activity, or 
71.15 	posture that induces physical pain;
71.16 	(3) totally or partially restricting a child's senses as punishment;
71.17 	(4) presenting an intense sound, light, or other sensory stimuli using smell, taste, 
71.18 	substance, or spray as punishment;
71.19 	(5) denying or restricting a child's access to equipment and devices such as walkers, 
71.20 	wheelchairs, hearing aids, and communication boards that facilitate the child's functioning, 
71.21 	except when temporarily removing the equipment or device is needed to prevent injury to 
71.22 	the child or others or serious damage to the equipment or device, in which case the equipment 
71.23 	or device shall be returned to the child as soon as possible;
71.24 	(6) interacting with a child in a manner that constitutes sexual abuse, neglect, or physical 
71.25 	abuse under section 626.556 chapter 260A;
71.26 	(7) withholding regularly scheduled meals or water;
71.27 	(8) denying access to bathroom facilities;
71.28 	(9) physical holding that restricts or impairs a child's ability to breathe, restricts or impairs 
71.29 	a child's ability to communicate distress, places pressure or weight on a child's head, throat, 
71.30 	neck, chest, lungs, sternum, diaphragm, back, or abdomen, or results in straddling a child's 
71.31 	torso; and
71.32 	(10) prone restraint.

72.1 	Sec. 18. Minnesota Statutes 2018, section 135A.15, subdivision 10, is amended to read:
72.2 		Subd. 10.Applicability of other laws. This section does not exempt mandatory reporters 
72.3 	from the requirements of section 626.556 or626.557or chapter 260A governing the reporting 
72.4 	of maltreatment of minors or vulnerable adults. Nothing in this section limits the authority 
72.5 	of an institution to comply with other applicable state or federal laws related to investigations 
72.6 	or reports of sexual harassment, sexual violence, or sexual assault.

72.7 	Sec. 19. Minnesota Statutes 2018, section 144.225, subdivision 2b, is amended to read:
72.8 		Subd. 2b.Commissioner of health; duties. Notwithstanding the designation of certain 
72.9 	of this data as confidential under subdivision 2 or private under subdivision 2a, the 
72.10 	commissioner shall give the commissioner of human services access to birth record data 
72.11 	and data contained in recognitions of parentage prepared according to section 257.75
72.12 	necessary to enable the commissioner of human services to identify a child who is subject 
72.13 	to threatened injury, as defined in section 626.556, subdivision 2, paragraph (p) 260A.20, 
72.14 	subdivision 23, by a person responsible for the child's care, as defined in section 626.556, 
72.15 	subdivision 2, paragraph (j), clause (1) 260A.20, subdivision 17. The commissioner shall 
72.16 	be given access to all data included on official birth records.

72.17 	Sec. 20. Minnesota Statutes 2018, section 144.343, subdivision 4, is amended to read:
72.18 		Subd. 4.Limitations. No notice shall be required under this section if:
72.19 	(1) the attending physician certifies in the pregnant woman's medical record that the 
72.20 	abortion is necessary to prevent the woman's death and there is insufficient time to provide 
72.21 	the required notice; or
72.22 	(2) the abortion is authorized in writing by the person or persons who are entitled to 
72.23 	notice; or
72.24 	(3) the pregnant minor woman declares that she is a victim of sexual abuse, neglect, or 
72.25 	physical abuse as defined in section 626.556 chapter 260A. Notice of that declaration shall 
72.26 	be made to the proper authorities as provided in section 626.556, subdivision 3 260A.23.

72.27 	Sec. 21. Minnesota Statutes 2018, section 144.7065, subdivision 10, is amended to read:
72.28 		Subd. 10.Relation to other law; data classification. (a) Adverse health events described 
72.29 	in subdivisions 2 to 6 do not constitute "maltreatment," "neglect," or "a physical injury that 
72.30 	is not reasonably explained" under section 626.556 or626.557or chapter 260A and are 
72.31 	excluded from the reporting requirements of sections 626.556 and section626.557 and 
73.1 	chapter 260A, provided the facility makes a determination within 24 hours of the discovery 
73.2 	of the event that this section is applicable and the facility files the reports required under 
73.3 	this section in a timely fashion.
73.4 	(b) A facility that has determined that an event described in subdivisions 2 to 6 has 
73.5 	occurred must inform persons who are mandated reporters under section 626.556, subdivision 
73.6 	3, 260A.23 or 626.5572, subdivision 16, of that determination. A mandated reporter otherwise 
73.7 	required to report under section 626.556, subdivision 3, 260A.23 or 626.557, subdivision 
73.8 	3, paragraph (e), is relieved of the duty to report an event that the facility determines under 
73.9 	paragraph (a) to be reportable under subdivisions 2 to 6.
73.10 	(c) The protections and immunities applicable to voluntary reports under sections 626.556
73.11 	and section626.557 and chapter 260A are not affected by this section.
73.12 	(d) Notwithstanding section 626.556,626.557, chapter 260A, or any other provision of 
73.13 	Minnesota statute or rule to the contrary, a lead agency under section 626.556, subdivision 
73.14 	3c 260A.33, subdivision 1, paragraphs (a), (b), and (c), a lead investigative agency under 
73.15 	section 626.5572, subdivision 13, the commissioner of health, or the director of the Office 
73.16 	of Health Facility Complaints is not required to conduct an investigation of or obtain or 
73.17 	create investigative data or reports regarding an event described in subdivisions 2 to 6. If 
73.18 	the facility satisfies the requirements described in paragraph (a), the review or investigation 
73.19 	shall be conducted and data or reports shall be obtained or created only under sections 
73.20 	144.706 to 144.7069, except as permitted or required under sections 144.50 to 144.564, or 
73.21 	as necessary to carry out the state's certification responsibility under the provisions of 
73.22 	sections 1864 and 1867 of the Social Security Act. If a licensed health care provider reports 
73.23 	an event to the facility required to be reported under subdivisions 2 to 6 in a timely manner, 
73.24 	the provider's licensing board is not required to conduct an investigation of or obtain or 
73.25 	create investigative data or reports regarding the individual reporting of the events described 
73.26 	in subdivisions 2 to 6.
73.27 	(e) Data contained in the following records are nonpublic and, to the extent they contain 
73.28 	data on individuals, confidential data on individuals, as defined in section 13.02:
73.29 	(1) reports provided to the commissioner under sections 147.155, 147A.155, 148.267, 
73.30 	151.301, and 153.255;
73.31 	(2) event reports, findings of root cause analyses, and corrective action plans filed by a 
73.32 	facility under this section; and
73.33 	(3) records created or obtained by the commissioner in reviewing or investigating the 
73.34 	reports, findings, and plans described in clause (2).
74.1 	For purposes of the nonpublic data classification contained in this paragraph, the reporting 
74.2 	facility shall be deemed the subject of the data.

74.3 	Sec. 22. Minnesota Statutes 2018, section 144.7068, is amended to read:
74.4 	144.7068 REPORTS FROM LICENSING BOARDS.
74.5 	(a) Effective upon full implementation of the adverse health care events reporting system, 
74.6 	the records maintained under sections 147.155, 147A.155, 148.267, 151.301, and 153.255, 
74.7 	shall be reported to the commissioner on the schedule established in those sections.
74.8 	(b) The commissioner shall forward these reports to the facility named in the report.
74.9 	(c) The facility shall determine whether the event has been previously reported under 
74.10 	section 144.7065. The facility shall notify the commissioner whether the event has been 
74.11 	reported previously. If the event has not been previously reported, the facility shall make a 
74.12 	determination whether the event was reportable under section 144.7065. If the facility 
74.13 	determines the event was reportable, the date of discovery of the event for the purposes of 
74.14 	section 144.7065, subdivision 10, paragraph (d), shall be as follows:
74.15 	(1) if the commissioner determines that the facility knew or reasonably should have 
74.16 	known about the occurrence of the event, the date the event occurred shall be the date of 
74.17 	discovery. The facility shall be considered out of compliance with the reporting act, and 
74.18 	the event shall be subject to sections 626.556 and section626.557 and chapter 260A; or
74.19 	(2) if the commissioner determines that the facility did not know about the occurrence 
74.20 	of the event, the date the facility receives the report from the commissioner shall serve as 
74.21 	the date of discovery.
74.22 	If the facility determines that the event was not reportable under section 144.7065, the 
74.23 	facility shall notify the commissioner of that determination.

74.24 	Sec. 23. Minnesota Statutes 2018, section 144A.472, subdivision 1, is amended to read:
74.25 		Subdivision 1.License applications. Each application for a home care provider license 
74.26 	must include information sufficient to show that the applicant meets the requirements of 
74.27 	licensure, including:
74.28 	(1) the applicant's name, e-mail address, physical address, and mailing address, including 
74.29 	the name of the county in which the applicant resides and has a principal place of business;
74.30 	(2) the initial license fee in the amount specified in subdivision 7;
75.1 	(3) the e-mail address, physical address, mailing address, and telephone number of the 
75.2 	principal administrative office;
75.3 	(4) the e-mail address, physical address, mailing address, and telephone number of each 
75.4 	branch office, if any;
75.5 	(5) the names, e-mail and mailing addresses, and telephone numbers of all owners and 
75.6 	managerial officials;
75.7 	(6) documentation of compliance with the background study requirements of section 
75.8 	144A.476 for all persons involved in the management, operation, or control of the home 
75.9 	care provider;
75.10 	(7) documentation of a background study as required by section 144.057 for any 
75.11 	individual seeking employment, paid or volunteer, with the home care provider;
75.12 	(8) evidence of workers' compensation coverage as required by sections 176.181 and 
75.13 	176.182;
75.14 	(9) documentation of liability coverage, if the provider has it;
75.15 	(10) identification of the license level the provider is seeking;
75.16 	(11) documentation that identifies the managerial official who is in charge of day-to-day 
75.17 	operations and attestation that the person has reviewed and understands the home care 
75.18 	provider regulations;
75.19 	(12) documentation that the applicant has designated one or more owners, managerial 
75.20 	officials, or employees as an agent or agents, which shall not affect the legal responsibility 
75.21 	of any other owner or managerial official under this chapter;
75.22 	(13) the signature of the officer or managing agent on behalf of an entity, corporation, 
75.23 	association, or unit of government;
75.24 	(14) verification that the applicant has the following policies and procedures in place so 
75.25 	that if a license is issued, the applicant will implement the policies and procedures and keep 
75.26 	them current:
75.27 	(i) requirements in sections 626.556 chapter 260A, reporting of maltreatment of minors, 
75.28 	and section626.557, reporting of maltreatment of vulnerable adults;
75.29 	(ii) conducting and handling background studies on employees;
75.30 	(iii) orientation, training, and competency evaluations of home care staff, and a process 
75.31 	for evaluating staff performance;
76.1 	(iv) handling complaints from clients, family members, or client representatives regarding 
76.2 	staff or services provided by staff;
76.3 	(v) conducting initial evaluation of clients' needs and the providers' ability to provide 
76.4 	those services;
76.5 	(vi) conducting initial and ongoing client evaluations and assessments and how changes 
76.6 	in a client's condition are identified, managed, and communicated to staff and other health 
76.7 	care providers as appropriate;
76.8 	(vii) orientation to and implementation of the home care client bill of rights;
76.9 	(viii) infection control practices;
76.10 	(ix) reminders for medications, treatments, or exercises, if provided; and
76.11 	(x) conducting appropriate screenings, or documentation of prior screenings, to show 
76.12 	that staff are free of tuberculosis, consistent with current United States Centers for Disease 
76.13 	Control and Prevention standards; and
76.14 	(15) other information required by the department.

76.15 	Sec. 24. Minnesota Statutes 2018, section 144A.479, subdivision 6, is amended to read:
76.16 		Subd. 6.Reporting maltreatment of vulnerable adults and minors. (a) All home care 
76.17 	providers must comply with requirements for the reporting of maltreatment of minors in 
76.18 	section 626.556 chapter 260A and the requirements for the reporting of maltreatment of 
76.19 	vulnerable adults in section 626.557. Each home care provider must establish and implement 
76.20 	a written procedure to ensure that all cases of suspected maltreatment are reported.
76.21 	(b) Each home care provider must develop and implement an individual abuse prevention 
76.22 	plan for each vulnerable minor or adult for whom home care services are provided by a 
76.23 	home care provider. The plan shall contain an individualized review or assessment of the 
76.24 	person's susceptibility to abuse by another individual, including other vulnerable adults or 
76.25 	minors; the person's risk of abusing other vulnerable adults or minors; and statements of 
76.26 	the specific measures to be taken to minimize the risk of abuse to that person and other 
76.27 	vulnerable adults or minors. For purposes of the abuse prevention plan, the term abuse 
76.28 	includes self-abuse.

76.29 	Sec. 25. Minnesota Statutes 2019 Supplement, section 144A.4796, subdivision 2, is 
76.30 	amended to read:
76.31 		Subd. 2.Content. (a) The orientation must contain the following topics:
77.1 	(1) an overview of sections 144A.43 to 144A.4798;
77.2 	(2) introduction and review of all the provider's policies and procedures related to the 
77.3 	provision of home care services by the individual staff person;
77.4 	(3) handling of emergencies and use of emergency services;
77.5 	(4) compliance with and reporting of the maltreatment of minors or vulnerable adults 
77.6 	under sections 626.556 and section626.557 and chapter 260A;
77.7 	(5) home care bill of rights under section 144A.44;
77.8 	(6) handling of clients' complaints, reporting of complaints, and where to report 
77.9 	complaints including information on the Office of Health Facility Complaints and the 
77.10 	Common Entry Point;
77.11 	(7) consumer advocacy services of the Office of Ombudsman for Long-Term Care, 
77.12 	Office of Ombudsman for Mental Health and Developmental Disabilities, Managed Care 
77.13 	Ombudsman at the Department of Human Services, county managed care advocates, or 
77.14 	other relevant advocacy services; and
77.15 	(8) review of the types of home care services the employee will be providing and the 
77.16 	provider's scope of licensure.
77.17 	(b) In addition to the topics listed in paragraph (a), orientation may also contain training 
77.18 	on providing services to clients with hearing loss. Any training on hearing loss provided 
77.19 	under this subdivision must be high quality and research-based, may include online training, 
77.20 	and must include training on one or more of the following topics:
77.21 	(1) an explanation of age-related hearing loss and how it manifests itself, its prevalence, 
77.22 	and challenges it poses to communication;
77.23 	(2) health impacts related to untreated age-related hearing loss, such as increased 
77.24 	incidence of dementia, falls, hospitalizations, isolation, and depression; or
77.25 	(3) information about strategies and technology that may enhance communication and 
77.26 	involvement, including communication strategies, assistive listening devices, hearing aids, 
77.27 	visual and tactile alerting devices, communication access in real time, and closed captions.

77.28 	Sec. 26. Minnesota Statutes 2018, section 144A.4796, subdivision 6, is amended to read:
77.29 		Subd. 6.Required annual training. (a) All staff that perform direct home care services 
77.30 	must complete at least eight hours of annual training for each 12 months of employment. 
77.31 	The training may be obtained from the home care provider or another source and must 
78.1 	include topics relevant to the provision of home care services. The annual training must 
78.2 	include:
78.3 	(1) training on reporting of maltreatment of minors under section 626.556 chapter 260A
78.4 	and maltreatment of vulnerable adults under section 626.557, whichever is applicable to 
78.5 	the services provided;
78.6 	(2) review of the home care bill of rights in section 144A.44;
78.7 	(3) review of infection control techniques used in the home and implementation of 
78.8 	infection control standards including a review of hand-washing techniques; the need for 
78.9 	and use of protective gloves, gowns, and masks; appropriate disposal of contaminated 
78.10 	materials and equipment, such as dressings, needles, syringes, and razor blades; disinfecting 
78.11 	reusable equipment; disinfecting environmental surfaces; and reporting of communicable 
78.12 	diseases; and
78.13 	(4) review of the provider's policies and procedures relating to the provision of home 
78.14 	care services and how to implement those policies and procedures.
78.15 	(b) In addition to the topics listed in paragraph (a), annual training may also contain 
78.16 	training on providing services to clients with hearing loss. Any training on hearing loss 
78.17 	provided under this subdivision must be high quality and research-based, may include online 
78.18 	training, and must include training on one or more of the following topics:
78.19 	(1) an explanation of age-related hearing loss and how it manifests itself, its prevalence, 
78.20 	and challenges it poses to communication;
78.21 	(2) health impacts related to untreated age-related hearing loss, such as increased 
78.22 	incidence of dementia, falls, hospitalizations, isolation, and depression; or
78.23 	(3) information about strategies and technology that may enhance communication and 
78.24 	involvement, including communication strategies, assistive listening devices, hearing aids, 
78.25 	visual and tactile alerting devices, communication access in real time, and closed captions.

78.26 	Sec. 27. Minnesota Statutes 2018, section 144H.16, subdivision 1, is amended to read:
78.27 		Subdivision 1.Reporting of maltreatment of minors. A PPEC center must develop 
78.28 	policies and procedures for reporting suspected child maltreatment that fulfill the 
78.29 	requirements of section 626.556 chapter 260A. The policies and procedures must include 
78.30 	the telephone numbers of the local county child protection agency for reporting suspected 
78.31 	maltreatment. The policies and procedures specified in this subdivision must be provided 
79.1 	to the parents or guardians of all children at the time of admission to the PPEC center and 
79.2 	must be available upon request.

79.3 	Sec. 28. Minnesota Statutes 2018, section 144H.18, subdivision 3, is amended to read:
79.4 		Subd. 3.Fines for violations of other statutes. The commissioner shall impose a fine 
79.5 	of $250 on a PPEC center, employee, or contractor for each violation by that PPEC center, 
79.6 	employee, or contractor of section 144H.16, subdivision 2, or 626.556 or chapter 260A.

79.7 	Sec. 29. Minnesota Statutes 2018, section 145.902, subdivision 3, is amended to read:
79.8 		Subd. 3.Immunity. (a) A safe place with responsibility for performing duties under 
79.9 	this section, and any employee, doctor, ambulance personnel, or other medical professional 
79.10 	working at the safe place, are immune from any criminal liability that otherwise might result 
79.11 	from their actions, if they are acting in good faith in receiving a newborn, and are immune 
79.12 	from any civil liability that otherwise might result from merely receiving a newborn.
79.13 	(b) A safe place performing duties under this section, or an employee, doctor, ambulance 
79.14 	personnel, or other medical professional working at the safe place who is a mandated reporter 
79.15 	under section 626.556 chapter 260A, is immune from any criminal or civil liability that 
79.16 	otherwise might result from the failure to make a report under that section if the person is 
79.17 	acting in good faith in complying with this section.

79.18 	Sec. 30. Minnesota Statutes 2018, section 145.952, subdivision 2, is amended to read:
79.19 		Subd. 2.Abuse. "Abuse" means physical abuse, sexual abuse, neglect, mental injury, 
79.20 	and threatened injury, as those terms are defined in section 626.556, subdivision 2 chapter 
79.21 	260A.

79.22 	Sec. 31. Minnesota Statutes 2018, section 146A.025, is amended to read:
79.23 	146A.025 MALTREATMENT OF MINORS.
79.24 	Nothing in this chapter shall restrict the ability of a local welfare agency, local law 
79.25 	enforcement agency, the commissioner of human services, or the state to take action regarding 
79.26 	the maltreatment of minors under section 609.378or 626.556 or chapter 260A. A parent 
79.27 	who obtains complementary and alternative health care for the parent's minor child is not 
79.28 	relieved of the duty to seek necessary medical care consistent with the requirements of 
79.29 	sections section609.378and 626.556 and chapter 260A. A complementary or alternative 
79.30 	health care practitioner who is providing services to a child who is not receiving necessary 
79.31 	medical care must make a report under section 626.556 chapter 260A. A complementary 
80.1 	or alternative health care provider is a mandated reporter under section 626.556, subdivision 
80.2 	3 260A.23.

80.3 	Sec. 32. Minnesota Statutes 2019 Supplement, section 148B.593, is amended to read:
80.4 	148B.593 DISCLOSURE OF INFORMATION.
80.5 	(a) A person licensed under sections 148B.50 to 148B.593 may not disclose without 
80.6 	written consent of the client any communication made by the client to the licensee in the 
80.7 	course of the practice of professional counseling, nor may any employee of the licensee 
80.8 	reveal the information without the consent of the employer or client except as provided 
80.9 	under section 626.556 or626.557 or chapter 260A.
80.10 	(b) For purposes of sections 148B.50 to 148B.593, the confidential relations and 
80.11 	communications between the licensee and a client are placed upon the same basis as those 
80.12 	that exist between a licensed psychologist and client. Nothing in sections 148B.50 to 
80.13 	148B.593 may be construed to require any communications to be disclosed except by court 
80.14 	order or as provided in paragraph (c).
80.15 	(c) Private information may be disclosed without the consent of the client when a duty 
80.16 	to warn arises, or as otherwise provided by law or court order. The duty to warn of, or take 
80.17 	reasonable precautions to provide protection from, violent behavior arises only when a client 
80.18 	or other person has communicated to the provider a specific, serious threat of physical 
80.19 	violence to self or a specific, clearly identified or identifiable potential victim. If a duty to 
80.20 	warn arises, the duty is discharged by the provider if reasonable efforts are made to 
80.21 	communicate the threat to law enforcement agencies, the potential victim, the family of the 
80.22 	client, or appropriate third parties who are in a position to prevent or avert the harm. No 
80.23 	monetary liability and no cause of action or disciplinary action by the board may arise 
80.24 	against a provider for disclosure of confidences to third parties, for failure to disclose 
80.25 	confidences to third parties, or for erroneous disclosure of confidences to third parties in a 
80.26 	good faith effort to warn against or take precautions against a client's violent behavior or 
80.27 	threat of suicide.
80.28 	(d) For purposes of this section, (1) "provider" includes a licensee, an applicant for 
80.29 	licensure, and a student or intern practicing professional counseling or professional clinical 
80.30 	counseling under supervision as part of an accredited graduate educational program or under 
80.31 	a supervised postgraduate experience in professional counseling or professional clinical 
80.32 	counseling required for licensure; (2) "other person" means an immediate family member 
80.33 	or someone who personally knows the client and has reason to believe the client is capable 
80.34 	of and will carry out the serious, specific threat of harm to a specific, clearly identified, or 
81.1 	identifiable victim; and (3) "reasonable efforts" means communicating the serious, specific 
81.2 	threat to the potential victim and if unable to make contact with the potential victim, 
81.3 	communicating the serious, specific threat to the law enforcement agency closest to the 
81.4 	potential victim of the client.

81.5 	Sec. 33. Minnesota Statutes 2018, section 148E.240, subdivision 7, is amended to read:
81.6 		Subd. 7.Reporting maltreatment of minors. An applicant or licensee must comply 
81.7 	with the reporting of maltreatment of minors established by section 626.556 chapter 260A.

81.8 	Sec. 34. Minnesota Statutes 2018, section 148F.13, subdivision 12, is amended to read:
81.9 		Subd. 12.Abuse or neglect of minors or vulnerable adults. An applicant or licensee 
81.10 	must comply with the reporting of maltreatment of minors established in section 626.556
81.11 	chapter 260A and the reporting of maltreatment of vulnerable adults established in section 
81.12 	626.557.

81.13 	Sec. 35. Minnesota Statutes 2018, section 148F.205, subdivision 1, is amended to read:
81.14 		Subdivision 1.Mandatory reporting requirements. A provider is required to file a 
81.15 	complaint when the provider knows or has reason to believe that another provider:
81.16 	(1) is unable to practice with reasonable skill and safety as a result of a physical or mental 
81.17 	illness or condition, including, but not limited to, substance abuse or dependence, except 
81.18 	that this mandated reporting requirement is deemed fulfilled by a report made to the Health 
81.19 	Professionals Services Program (HPSP) as provided by section 214.33, subdivision 1;
81.20 	(2) is engaging in or has engaged in sexual behavior with a client or former client in 
81.21 	violation of section 148F.165, subdivision 6 or 7;
81.22 	(3) has failed to report abuse or neglect of children or vulnerable adults in violation of 
81.23 	section 626.556 or626.557 or chapter 260A; or
81.24 	(4) has employed fraud or deception in obtaining or renewing an alcohol and drug 
81.25 	counseling license.

81.26 	Sec. 36. Minnesota Statutes 2018, section 153B.70, is amended to read:
81.27 	153B.70 GROUNDS FOR DISCIPLINARY ACTION.
81.28 	(a) The board may refuse to issue or renew a license, revoke or suspend a license, or 
81.29 	place on probation or reprimand a licensee for one or any combination of the following:
82.1 	(1) making a material misstatement in furnishing information to the board;
82.2 	(2) violating or intentionally disregarding the requirements of this chapter;
82.3 	(3) conviction of a crime, including a finding or verdict of guilt, an admission of guilt, 
82.4 	or a no-contest plea, in this state or elsewhere, reasonably related to the practice of the 
82.5 	profession. Conviction, as used in this clause, includes a conviction of an offense which, if 
82.6 	committed in this state, would be deemed a felony, gross misdemeanor, or misdemeanor, 
82.7 	without regard to its designation elsewhere, or a criminal proceeding where a finding or 
82.8 	verdict of guilty is made or returned but the adjudication of guilt is either withheld or not 
82.9 	entered;
82.10 	(4) making a misrepresentation in order to obtain or renew a license;
82.11 	(5) displaying a pattern of practice or other behavior that demonstrates incapacity or 
82.12 	incompetence to practice;
82.13 	(6) aiding or assisting another person in violating the provisions of this chapter;
82.14 	(7) failing to provide information within 60 days in response to a written request from 
82.15 	the board, including documentation of completion of continuing education requirements;
82.16 	(8) engaging in dishonorable, unethical, or unprofessional conduct;
82.17 	(9) engaging in conduct of a character likely to deceive, defraud, or harm the public;
82.18 	(10) inability to practice due to habitual intoxication, addiction to drugs, or mental or 
82.19 	physical illness;
82.20 	(11) being disciplined by another state or territory of the United States, the federal 
82.21 	government, a national certification organization, or foreign nation, if at least one of the 
82.22 	grounds for the discipline is the same or substantially equivalent to one of the grounds in 
82.23 	this section;
82.24 	(12) directly or indirectly giving to or receiving from a person, firm, corporation, 
82.25 	partnership, or association a fee, commission, rebate, or other form of compensation for 
82.26 	professional services not actually or personally rendered;
82.27 	(13) incurring a finding by the board that the licensee, after the licensee has been placed 
82.28 	on probationary status, has violated the conditions of the probation;
82.29 	(14) abandoning a patient or client;
83.1 	(15) willfully making or filing false records or reports in the course of the licensee's 
83.2 	practice including, but not limited to, false records or reports filed with state or federal 
83.3 	agencies;
83.4 	(16) willfully failing to report child maltreatment as required under the Maltreatment of 
83.5 	Minors Act, section 626.556 chapter 260A; or
83.6 	(17) soliciting professional services using false or misleading advertising.
83.7 	(b) A license to practice is automatically suspended if (1) a guardian of a licensee is 
83.8 	appointed by order of a court pursuant to sections 524.5-101 to 524.5-502, for reasons other 
83.9 	than the minority of the licensee, or (2) the licensee is committed by order of a court pursuant 
83.10 	to chapter 253B. The license remains suspended until the licensee is restored to capacity 
83.11 	by a court and, upon petition by the licensee, the suspension is terminated by the board after 
83.12 	a hearing. The licensee may be reinstated to practice, either with or without restrictions, by 
83.13 	demonstrating clear and convincing evidence of rehabilitation. The regulated person is not 
83.14 	required to prove rehabilitation if the subsequent court decision overturns previous court 
83.15 	findings of public risk.
83.16 	(c) If the board has probable cause to believe that a licensee or applicant has violated 
83.17 	paragraph (a), clause (10), it may direct the person to submit to a mental or physical 
83.18 	examination. For the purpose of this section, every person is deemed to have consented to 
83.19 	submit to a mental or physical examination when directed in writing by the board and to 
83.20 	have waived all objections to the admissibility of the examining physician's testimony or 
83.21 	examination report on the grounds that the testimony or report constitutes a privileged 
83.22 	communication. Failure of a regulated person to submit to an examination when directed 
83.23 	constitutes an admission of the allegations against the person, unless the failure was due to 
83.24 	circumstances beyond the person's control, in which case a default and final order may be 
83.25 	entered without the taking of testimony or presentation of evidence. A regulated person 
83.26 	affected under this paragraph shall at reasonable intervals be given an opportunity to 
83.27 	demonstrate that the person can resume the competent practice of the regulated profession 
83.28 	with reasonable skill and safety to the public. In any proceeding under this paragraph, neither 
83.29 	the record of proceedings nor the orders entered by the board shall be used against a regulated 
83.30 	person in any other proceeding.
83.31 	(d) In addition to ordering a physical or mental examination, the board may, 
83.32 	notwithstanding section 13.384 or 144.293, or any other law limiting access to medical or 
83.33 	other health data, obtain medical data and health records relating to a licensee or applicant 
83.34 	without the person's or applicant's consent if the board has probable cause to believe that a 
84.1 	licensee is subject to paragraph (a), clause (10). The medical data may be requested from 
84.2 	a provider as defined in section 144.291, subdivision 2, paragraph (i), an insurance company, 
84.3 	or a government agency, including the Department of Human Services. A provider, insurance 
84.4 	company, or government agency shall comply with any written request of the board under 
84.5 	this section and is not liable in any action for damages for releasing the data requested by 
84.6 	the board if the data are released pursuant to a written request under this section, unless the 
84.7 	information is false and the provider giving the information knew, or had reason to know, 
84.8 	the information was false. Information obtained under this section is private data on 
84.9 	individuals as defined in section 13.02.
84.10 	(e) If the board issues an order of immediate suspension of a license, a hearing must be 
84.11 	held within 30 days of the suspension and completed without delay.

84.12 	Sec. 37. Minnesota Statutes 2018, section 214.103, subdivision 8, is amended to read:
84.13 		Subd. 8.Dismissal and reopening of a complaint. (a) A complaint may not be dismissed 
84.14 	without the concurrence of at least two board members and, upon the request of the 
84.15 	complainant, a review by a representative of the attorney general's office. The designee of 
84.16 	the attorney general must review before dismissal any complaints which allege any violation 
84.17 	of chapter 609, any conduct which would be required to be reported under section 626.556
84.18 	or626.557 or chapter 260A, any sexual contact or sexual conduct with a client, any violation 
84.19 	of a federal law, any actual or potential inability to practice the regulated profession or 
84.20 	occupation by reason of illness, use of alcohol, drugs, chemicals, or any other materials, or 
84.21 	as a result of any mental or physical condition, any violation of state medical assistance 
84.22 	laws, or any disciplinary action related to credentialing in another jurisdiction or country 
84.23 	which was based on the same or related conduct specified in this subdivision.
84.24 	(b) The board may reopen a dismissed complaint if the board receives newly discovered 
84.25 	information that was not available to the board during the initial investigation of the 
84.26 	complaint, or if the board receives a new complaint that indicates a pattern of behavior or 
84.27 	conduct.

84.28 	Sec. 38. Minnesota Statutes 2018, section 214.104, is amended to read:
84.29 	214.104 HEALTH-RELATED LICENSING BOARDS; SUBSTANTIATED 
84.30 	MALTREATMENT.
84.31 	(a) A health-related licensing board shall make determinations as to whether regulated 
84.32 	persons who are under the board's jurisdiction should be the subject of disciplinary or 
84.33 	corrective action because of substantiated maltreatment under section 626.556 or626.557
85.1 	or chapter 260A. The board shall make a determination upon receipt, and after the review, 
85.2 	of an investigation memorandum or other notice of substantiated maltreatment under section 
85.3 	626.556 or626.557, chapter 260A, or of a notice from the commissioner of human services 
85.4 	that a background study of a regulated person shows substantiated maltreatment.
85.5 	(b) Upon completion of its review of a report of substantiated maltreatment, the board 
85.6 	shall notify the commissioner of human services of its determination. The board shall notify 
85.7 	the commissioner of human services if, following a review of the report of substantiated 
85.8 	maltreatment, the board determines that it does not have jurisdiction in the matter and the 
85.9 	commissioner shall make the appropriate disqualification decision regarding the regulated 
85.10 	person as otherwise provided in chapter 245C. The board shall also notify the commissioner 
85.11 	of health or the commissioner of human services immediately upon receipt of knowledge 
85.12 	of a facility or program allowing a regulated person to provide direct contact services at the 
85.13 	facility or program while not complying with requirements placed on the regulated person.
85.14 	(c) In addition to any other remedy provided by law, the board may, through its designated 
85.15 	board member, temporarily suspend the license of a licensee; deny a credential to an 
85.16 	applicant; or require the regulated person to be continuously supervised, if the board finds 
85.17 	there is probable cause to believe the regulated person referred to the board according to 
85.18 	paragraph (a) poses an immediate risk of harm to vulnerable persons. The board shall 
85.19 	consider all relevant information available, which may include but is not limited to:
85.20 	(1) the extent the action is needed to protect persons receiving services or the public;
85.21 	(2) the recency of the maltreatment;
85.22 	(3) the number of incidents of maltreatment;
85.23 	(4) the intrusiveness or violence of the maltreatment; and
85.24 	(5) the vulnerability of the victim of maltreatment.
85.25 	The action shall take effect upon written notice to the regulated person, served by certified 
85.26 	mail, specifying the statute violated. The board shall notify the commissioner of health or 
85.27 	the commissioner of human services of the suspension or denial of a credential. The action 
85.28 	shall remain in effect until the board issues a temporary stay or a final order in the matter 
85.29 	after a hearing or upon agreement between the board and the regulated person. At the time 
85.30 	the board issues the notice, the regulated person shall inform the board of all settings in 
85.31 	which the regulated person is employed or practices. The board shall inform all known 
85.32 	employment and practice settings of the board action and schedule a disciplinary hearing 
85.33 	to be held under chapter 14. The board shall provide the regulated person with at least 30 
86.1 	days' notice of the hearing, unless the parties agree to a hearing date that provides less than 
86.2 	30 days' notice, and shall schedule the hearing to begin no later than 90 days after issuance 
86.3 	of the notice of hearing.

86.4 	Sec. 39. Minnesota Statutes 2019 Supplement, section 243.166, subdivision 7, is amended 
86.5 	to read:
86.6 		Subd. 7.Use of data. (a) Except as otherwise provided in subdivision 4b or 7a or sections 
86.7 	244.052 and 299C.093, the data provided under this section is private data on individuals 
86.8 	under section 13.02, subdivision 12.
86.9 	(b) The data may be used only by law enforcement and corrections agencies for law 
86.10 	enforcement and corrections purposes. Law enforcement or a corrections agent may disclose 
86.11 	the status of an individual as a predatory offender to a child protection worker with a local 
86.12 	welfare agency for purposes of doing a family assessment under section 626.556 chapter 
86.13 	260A. A corrections agent may also disclose the status of an individual as a predatory 
86.14 	offender to comply with section 244.057.
86.15 	(c) The commissioner of human services is authorized to have access to the data for:
86.16 	(1) state-operated services, as defined in section 246.014, for the purposes described in 
86.17 	section 246.13, subdivision 2, paragraph (b); and
86.18 	(2) purposes of completing background studies under chapter 245C.

86.19 	Sec. 40. Minnesota Statutes 2018, section 245.8261, subdivision 9, is amended to read:
86.20 		Subd. 9.Conditions on use of restrictive procedures. Restrictive procedures must not:
86.21 	(1) be implemented with a child in a manner that constitutes sexual abuse, neglect, or 
86.22 	physical abuse under section 626.556 chapter 260A, the reporting of maltreatment of minors;
86.23 	(2) restrict a child's normal access to a nutritious diet, drinking water, adequate ventilation, 
86.24 	necessary medical care, ordinary hygiene facilities, or necessary clothing or to any protection 
86.25 	required by state licensing standards and federal regulations governing the program;
86.26 	(3) be used as punishment or for the convenience of staff; or
86.27 	(4) deny the child visitation or contact with legal counsel and next of kin.

87.1 	Sec. 41. Minnesota Statutes 2018, section 245A.04, subdivision 5, is amended to read:
87.2 		Subd. 5.Commissioner's right of access. (a) When the commissioner is exercising the 
87.3 	powers conferred by this chapter and, sections 245.69, 626.556, and 626.557, and chapter 
87.4 	260A, the commissioner must be given access to:
87.5 	(1) the physical plant and grounds where the program is provided;
87.6 	(2) documents and records, including records maintained in electronic format;
87.7 	(3) persons served by the program; and
87.8 	(4) staff and personnel records of current and former staff whenever the program is in 
87.9 	operation and the information is relevant to inspections or investigations conducted by the 
87.10 	commissioner. Upon request, the license holder must provide the commissioner verification 
87.11 	of documentation of staff work experience, training, or educational requirements.
87.12 	The commissioner must be given access without prior notice and as often as the 
87.13 	commissioner considers necessary if the commissioner is investigating alleged maltreatment, 
87.14 	conducting a licensing inspection, or investigating an alleged violation of applicable laws 
87.15 	or rules. In conducting inspections, the commissioner may request and shall receive assistance 
87.16 	from other state, county, and municipal governmental agencies and departments. The 
87.17 	applicant or license holder shall allow the commissioner to photocopy, photograph, and 
87.18 	make audio and video tape recordings during the inspection of the program at the 
87.19 	commissioner's expense. The commissioner shall obtain a court order or the consent of the 
87.20 	subject of the records or the parents or legal guardian of the subject before photocopying 
87.21 	hospital medical records.
87.22 	(b) Persons served by the program have the right to refuse to consent to be interviewed, 
87.23 	photographed, or audio or videotaped. Failure or refusal of an applicant or license holder 
87.24 	to fully comply with this subdivision is reasonable cause for the commissioner to deny the 
87.25 	application or immediately suspend or revoke the license.

87.26 	Sec. 42. Minnesota Statutes 2018, section 245A.06, subdivision 8, is amended to read:
87.27 		Subd. 8.Requirement to post conditional license.  For licensed family child care 
87.28 	providers and child care centers, upon receipt of any order of conditional license issued by 
87.29 	the commissioner under this section, and notwithstanding a pending request for 
87.30 	reconsideration of the order of conditional license by the license holder, the license holder 
87.31 	shall post the order of conditional license in a place that is conspicuous to the people receiving 
87.32 	services and all visitors to the facility for two years. When the order of conditional license 
87.33 	is accompanied by a maltreatment investigation memorandum prepared under section 
88.1 	626.556 or626.557 or chapter 260A, the investigation memoranda must be posted with the 
88.2 	order of conditional license.

88.3 	Sec. 43. Minnesota Statutes 2019 Supplement, section 245A.07, subdivision 3, is amended 
88.4 	to read:
88.5 		Subd. 3.License suspension, revocation, or fine. (a) The commissioner may suspend 
88.6 	or revoke a license, or impose a fine if:
88.7 	(1) a license holder fails to comply fully with applicable laws or rules including but not 
88.8 	limited to the requirements of this chapter and chapter 245C;
88.9 	(2) a license holder, a controlling individual, or an individual living in the household 
88.10 	where the licensed services are provided or is otherwise subject to a background study has 
88.11 	been disqualified and the disqualification was not set aside and no variance has been granted;
88.12 	(3) a license holder knowingly withholds relevant information from or gives false or 
88.13 	misleading information to the commissioner in connection with an application for a license, 
88.14 	in connection with the background study status of an individual, during an investigation, 
88.15 	or regarding compliance with applicable laws or rules;
88.16 	(4) a license holder is excluded from any program administered by the commissioner 
88.17 	under section 245.095; or
88.18 	(5) revocation is required under section 245A.04, subdivision 7, paragraph (d).
88.19 	A license holder who has had a license issued under this chapter suspended, revoked, 
88.20 	or has been ordered to pay a fine must be given notice of the action by certified mail or 
88.21 	personal service. If mailed, the notice must be mailed to the address shown on the application 
88.22 	or the last known address of the license holder. The notice must state in plain language the 
88.23 	reasons the license was suspended or revoked, or a fine was ordered.
88.24 	(b) If the license was suspended or revoked, the notice must inform the license holder 
88.25 	of the right to a contested case hearing under chapter 14 and Minnesota Rules, parts 
88.26 	1400.8505 to 1400.8612. The license holder may appeal an order suspending or revoking 
88.27 	a license. The appeal of an order suspending or revoking a license must be made in writing 
88.28 	by certified mail or personal service. If mailed, the appeal must be postmarked and sent to 
88.29 	the commissioner within ten calendar days after the license holder receives notice that the 
88.30 	license has been suspended or revoked. If a request is made by personal service, it must be 
88.31 	received by the commissioner within ten calendar days after the license holder received the 
88.32 	order. Except as provided in subdivision 2a, paragraph (c), if a license holder submits a 
88.33 	timely appeal of an order suspending or revoking a license, the license holder may continue 
89.1 	to operate the program as provided in section 245A.04, subdivision 7, paragraphs (f) and 
89.2 	(g), until the commissioner issues a final order on the suspension or revocation.
89.3 	(c)(1) If the license holder was ordered to pay a fine, the notice must inform the license 
89.4 	holder of the responsibility for payment of fines and the right to a contested case hearing 
89.5 	under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The appeal of an 
89.6 	order to pay a fine must be made in writing by certified mail or personal service. If mailed, 
89.7 	the appeal must be postmarked and sent to the commissioner within ten calendar days after 
89.8 	the license holder receives notice that the fine has been ordered. If a request is made by 
89.9 	personal service, it must be received by the commissioner within ten calendar days after 
89.10 	the license holder received the order.
89.11 	(2) The license holder shall pay the fines assessed on or before the payment date specified. 
89.12 	If the license holder fails to fully comply with the order, the commissioner may issue a 
89.13 	second fine or suspend the license until the license holder complies. If the license holder 
89.14 	receives state funds, the state, county, or municipal agencies or departments responsible for 
89.15 	administering the funds shall withhold payments and recover any payments made while the 
89.16 	license is suspended for failure to pay a fine. A timely appeal shall stay payment of the fine 
89.17 	until the commissioner issues a final order.
89.18 	(3) A license holder shall promptly notify the commissioner of human services, in writing, 
89.19 	when a violation specified in the order to forfeit a fine is corrected. If upon reinspection the 
89.20 	commissioner determines that a violation has not been corrected as indicated by the order 
89.21 	to forfeit a fine, the commissioner may issue a second fine. The commissioner shall notify 
89.22 	the license holder by certified mail or personal service that a second fine has been assessed. 
89.23 	The license holder may appeal the second fine as provided under this subdivision.
89.24 	(4) Fines shall be assessed as follows:
89.25 	(i) the license holder shall forfeit $1,000 for each determination of maltreatment of a 
89.26 	child under section 626.556 chapter 260A or the maltreatment of a vulnerable adult under 
89.27 	section 626.557 for which the license holder is determined responsible for the maltreatment 
89.28 	under section 626.556, subdivision 10e, paragraph (i) 260A.52, subdivision 4, paragraphs 
89.29 	(a) and (b), or 626.557, subdivision 9c, paragraph (c);
89.30 	(ii) if the commissioner determines that a determination of maltreatment for which the 
89.31 	license holder is responsible is the result of maltreatment that meets the definition of serious 
89.32 	maltreatment as defined in section 245C.02, subdivision 18, the license holder shall forfeit 
89.33 	$5,000;
90.1 	(iii) for a program that operates out of the license holder's home and a program licensed 
90.2 	under Minnesota Rules, parts 9502.0300 to 9502.0445, the fine assessed against the license 
90.3 	holder shall not exceed $1,000 for each determination of maltreatment;
90.4 	(iv) the license holder shall forfeit $200 for each occurrence of a violation of law or rule 
90.5 	governing matters of health, safety, or supervision, including but not limited to the provision 
90.6 	of adequate staff-to-child or adult ratios, and failure to comply with background study 
90.7 	requirements under chapter 245C; and
90.8 	(v) the license holder shall forfeit $100 for each occurrence of a violation of law or rule 
90.9 	other than those subject to a $5,000, $1,000, or $200 fine in items (i) to (iv).
90.10 	For purposes of this section, "occurrence" means each violation identified in the 
90.11 	commissioner's fine order. Fines assessed against a license holder that holds a license to 
90.12 	provide home and community-based services, as identified in section 245D.03, subdivision 
90.13 	1, and a community residential setting or day services facility license under chapter 245D
90.14 	where the services are provided, may be assessed against both licenses for the same 
90.15 	occurrence, but the combined amount of the fines shall not exceed the amount specified in 
90.16 	this clause for that occurrence.
90.17 	(5) When a fine has been assessed, the license holder may not avoid payment by closing, 
90.18 	selling, or otherwise transferring the licensed program to a third party. In such an event, the 
90.19 	license holder will be personally liable for payment. In the case of a corporation, each 
90.20 	controlling individual is personally and jointly liable for payment.
90.21 	(d) Except for background study violations involving the failure to comply with an order 
90.22 	to immediately remove an individual or an order to provide continuous, direct supervision, 
90.23 	the commissioner shall not issue a fine under paragraph (c) relating to a background study 
90.24 	violation to a license holder who self-corrects a background study violation before the 
90.25 	commissioner discovers the violation. A license holder who has previously exercised the 
90.26 	provisions of this paragraph to avoid a fine for a background study violation may not avoid 
90.27 	a fine for a subsequent background study violation unless at least 365 days have passed 
90.28 	since the license holder self-corrected the earlier background study violation.

90.29 	Sec. 44. Minnesota Statutes 2018, section 245A.07, subdivision 5, is amended to read:
90.30 		Subd. 5.Requirement to post licensing order or fine. For licensed family child care 
90.31 	providers and child care centers, upon receipt of any order of license suspension, temporary 
90.32 	immediate suspension, fine, or revocation issued by the commissioner under this section, 
90.33 	and notwithstanding a pending appeal of the order of license suspension, temporary 
91.1 	immediate suspension, fine, or revocation by the license holder, the license holder shall 
91.2 	post the order of license suspension, temporary immediate suspension, fine, or revocation 
91.3 	in a place that is conspicuous to the people receiving services and all visitors to the facility 
91.4 	for two years. When the order of license suspension, temporary immediate suspension, fine, 
91.5 	or revocation is accompanied by a maltreatment investigation memorandum prepared under 
91.6 	section 626.556 or626.557 or chapter 260A, the investigation memoranda must be posted 
91.7 	with the order of license suspension, temporary immediate suspension, fine, or revocation.

91.8 	Sec. 45. Minnesota Statutes 2018, section 245A.08, subdivision 2a, is amended to read:
91.9 		Subd. 2a.Consolidated contested case hearings. (a) When a denial of a license under 
91.10 	section 245A.05 or a licensing sanction under section 245A.07, subdivision 3, is based on 
91.11 	a disqualification for which reconsideration was timely requested and which was not set 
91.12 	aside under section 245C.22, the scope of the contested case hearing shall include the 
91.13 	disqualification and the licensing sanction or denial of a license, unless otherwise specified 
91.14 	in this subdivision. When the licensing sanction or denial of a license is based on a 
91.15 	determination of maltreatment under section 626.556 or626.557 or chapter 260A, or a 
91.16 	disqualification for serious or recurring maltreatment which was not set aside, the scope of 
91.17 	the contested case hearing shall include the maltreatment determination, disqualification, 
91.18 	and the licensing sanction or denial of a license, unless otherwise specified in this subdivision. 
91.19 	In such cases, a fair hearing under section 256.045 shall not be conducted as provided for 
91.20 	in sections 245C.27, 626.556, subdivision 10i 260A.85, and 626.557, subdivision 9d.
91.21 	(b) Except for family child care and child foster care, reconsideration of a maltreatment 
91.22 	determination under sections 626.556, subdivision 10i, 260A.85 and 626.557, subdivision 
91.23 	9d, and reconsideration of a disqualification under section 245C.22, shall not be conducted 
91.24 	when:
91.25 	(1) a denial of a license under section 245A.05, or a licensing sanction under section 
91.26 	245A.07, is based on a determination that the license holder is responsible for maltreatment 
91.27 	or the disqualification of a license holder is based on serious or recurring maltreatment;
91.28 	(2) the denial of a license or licensing sanction is issued at the same time as the 
91.29 	maltreatment determination or disqualification; and
91.30 	(3) the license holder appeals the maltreatment determination or disqualification, and 
91.31 	denial of a license or licensing sanction. In these cases, a fair hearing shall not be conducted 
91.32 	under sections 245C.27, 626.556, subdivision 10i 260A.85, and 626.557, subdivision 9d. 
91.33 	The scope of the contested case hearing must include the maltreatment determination, 
91.34 	disqualification, and denial of a license or licensing sanction.
92.1 	Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment 
92.2 	determination or disqualification, but does not appeal the denial of a license or a licensing 
92.3 	sanction, reconsideration of the maltreatment determination shall be conducted under sections 
92.4 	626.556, subdivision 10i, 260A.85 and 626.557, subdivision 9d, and reconsideration of the 
92.5 	disqualification shall be conducted under section 245C.22. In such cases, a fair hearing shall 
92.6 	also be conducted as provided under sections 245C.27, 626.556, subdivision 10i 260A.85, 
92.7 	and 626.557, subdivision 9d.
92.8 	(c) In consolidated contested case hearings regarding sanctions issued in family child 
92.9 	care, child foster care, family adult day services, adult foster care, and community residential 
92.10 	settings, the county attorney shall defend the commissioner's orders in accordance with 
92.11 	section 245A.16, subdivision 4.
92.12 	(d) The commissioner's final order under subdivision 5 is the final agency action on the 
92.13 	issue of maltreatment and disqualification, including for purposes of subsequent background 
92.14 	studies under chapter 245C and is the only administrative appeal of the final agency 
92.15 	determination, specifically, including a challenge to the accuracy and completeness of data 
92.16 	under section 13.04.
92.17 	(e) When consolidated hearings under this subdivision involve a licensing sanction based 
92.18 	on a previous maltreatment determination for which the commissioner has issued a final 
92.19 	order in an appeal of that determination under section 256.045, or the individual failed to 
92.20 	exercise the right to appeal the previous maltreatment determination under section 626.556, 
92.21 	subdivision 10i, 260A.85 or 626.557, subdivision 9d, the commissioner's order is conclusive 
92.22 	on the issue of maltreatment. In such cases, the scope of the administrative law judge's 
92.23 	review shall be limited to the disqualification and the licensing sanction or denial of a license. 
92.24 	In the case of a denial of a license or a licensing sanction issued to a facility based on a 
92.25 	maltreatment determination regarding an individual who is not the license holder or a 
92.26 	household member, the scope of the administrative law judge's review includes the 
92.27 	maltreatment determination.
92.28 	(f) The hearings of all parties may be consolidated into a single contested case hearing 
92.29 	upon consent of all parties and the administrative law judge, if:
92.30 	(1) a maltreatment determination or disqualification, which was not set aside under 
92.31 	section 245C.22, is the basis for a denial of a license under section 245A.05 or a licensing 
92.32 	sanction under section 245A.07;
92.33 	(2) the disqualified subject is an individual other than the license holder and upon whom 
92.34 	a background study must be conducted under section 245C.03; and
93.1 	(3) the individual has a hearing right under section 245C.27.
93.2 	(g) When a denial of a license under section 245A.05 or a licensing sanction under 
93.3 	section 245A.07 is based on a disqualification for which reconsideration was requested and 
93.4 	was not set aside under section 245C.22, and the individual otherwise has no hearing right 
93.5 	under section 245C.27, the scope of the administrative law judge's review shall include the 
93.6 	denial or sanction and a determination whether the disqualification should be set aside, 
93.7 	unless section 245C.24 prohibits the set-aside of the disqualification. In determining whether 
93.8 	the disqualification should be set aside, the administrative law judge shall consider the 
93.9 	factors under section 245C.22, subdivision 4, to determine whether the individual poses a 
93.10 	risk of harm to any person receiving services from the license holder.
93.11 	(h) Notwithstanding section 245C.30, subdivision 5, when a licensing sanction under 
93.12 	section 245A.07 is based on the termination of a variance under section 245C.30, subdivision 
93.13 	4, the scope of the administrative law judge's review shall include the sanction and a 
93.14 	determination whether the disqualification should be set aside, unless section 245C.24
93.15 	prohibits the set-aside of the disqualification. In determining whether the disqualification 
93.16 	should be set aside, the administrative law judge shall consider the factors under section 
93.17 	245C.22, subdivision 4, to determine whether the individual poses a risk of harm to any 
93.18 	person receiving services from the license holder.

93.19 	Sec. 46. Minnesota Statutes 2018, section 245A.085, is amended to read:
93.20 	245A.085 CONSOLIDATION OF HEARINGS; RECONSIDERATION.
93.21 	Hearings authorized under this chapter, chapter 245C, and sections 256.045, 256B.04, 
93.22 	626.556, and 626.557, and chapters 245C and 260A, shall be consolidated if feasible and 
93.23 	in accordance with other applicable statutes and rules. Reconsideration under sections 
93.24 	245C.28; 626.556, subdivision 10i 260A.85; and 626.557, subdivision 9d, shall also be 
93.25 	consolidated if feasible.

93.26 	Sec. 47. Minnesota Statutes 2018, section 245A.11, subdivision 7b, is amended to read:
93.27 		Subd. 7b.Adult foster care data privacy and security. (a) An adult foster care or 
93.28 	community residential setting license holder who creates, collects, records, maintains, stores, 
93.29 	or discloses any individually identifiable recipient data, whether in an electronic or any 
93.30 	other format, must comply with the privacy and security provisions of applicable privacy 
93.31 	laws and regulations, including:
94.1 	(1) the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), 
94.2 	Public Law 104-1; and the HIPAA Privacy Rule, Code of Federal Regulations, title 45, part 
94.3 	160, and subparts A and E of part 164; and
94.4 	(2) the Minnesota Government Data Practices Act as codified in chapter 13.
94.5 	(b) For purposes of licensure, the license holder shall be monitored for compliance with 
94.6 	the following data privacy and security provisions:
94.7 	(1) the license holder must control access to data on residents served by the program 
94.8 	according to the definitions of public and private data on individuals under section 13.02; 
94.9 	classification of the data on individuals as private under section 13.46, subdivision 2; and 
94.10 	control over the collection, storage, use, access, protection, and contracting related to data 
94.11 	according to section 13.05, in which the license holder is assigned the duties of a government 
94.12 	entity;
94.13 	(2) the license holder must provide each resident served by the program with a notice 
94.14 	that meets the requirements under section 13.04, in which the license holder is assigned the 
94.15 	duties of the government entity, and that meets the requirements of Code of Federal 
94.16 	Regulations, title 45, part 164.52. The notice shall describe the purpose for collection of 
94.17 	the data, and to whom and why it may be disclosed pursuant to law. The notice must inform 
94.18 	the individual that the license holder uses electronic monitoring and, if applicable, that 
94.19 	recording technology is used;
94.20 	(3) the license holder must not install monitoring cameras in bathrooms;
94.21 	(4) electronic monitoring cameras must not be concealed from the residents served by 
94.22 	the program; and
94.23 	(5) electronic video and audio recordings of residents served by the program shall be 
94.24 	stored by the license holder for five days unless: (i) a resident served by the program or 
94.25 	legal representative requests that the recording be held longer based on a specific report of 
94.26 	alleged maltreatment; or (ii) the recording captures an incident or event of alleged 
94.27 	maltreatment under section 626.556 or626.557or chapter 260A or a crime under chapter 
94.28 	609. When requested by a resident served by the program or when a recording captures an 
94.29 	incident or event of alleged maltreatment or a crime, the license holder must maintain the 
94.30 	recording in a secured area for no longer than 30 days to give the investigating agency an 
94.31 	opportunity to make a copy of the recording. The investigating agency will maintain the 
94.32 	electronic video or audio recordings as required in section 626.557, subdivision 12b.
95.1 	(c) The commissioner shall develop, and make available to license holders and county 
95.2 	licensing workers, a checklist of the data privacy provisions to be monitored for purposes 
95.3 	of licensure.

95.4 	Sec. 48. Minnesota Statutes 2019 Supplement, section 245A.145, subdivision 1, is amended 
95.5 	to read:
95.6 		Subdivision 1.Policies and procedures. (a) The Department of Human Services must 
95.7 	develop policies and procedures for reporting suspected child maltreatment that fulfill the 
95.8 	requirements in section 626.556 chapter 260A and provide the policies and procedures to 
95.9 	all licensed child care providers. The policies and procedures must be written in plain 
95.10 	language.
95.11 	(b) The policies and procedures required in paragraph (a) must:
95.12 	(1) be provided to the parents of all children at the time of enrollment in the child care 
95.13 	program; and
95.14 	(2) be made available upon request.

95.15 	Sec. 49. Minnesota Statutes 2019 Supplement, section 245A.40, subdivision 1, is amended 
95.16 	to read:
95.17 		Subdivision 1.Orientation. (a) The child care center license holder must ensure that 
95.18 	the director, staff persons, substitutes, and unsupervised volunteers are given orientation 
95.19 	training and successfully complete the training before starting assigned duties. The orientation 
95.20 	training must include information about:
95.21 	(1) the center's philosophy, child care program, and procedures for maintaining health 
95.22 	and safety according to section 245A.41 and Minnesota Rules, part 9503.0140, and handling 
95.23 	emergencies and accidents according to Minnesota Rules, part 9503.0110;
95.24 	(2) specific job responsibilities;
95.25 	(3) the behavior guidance standards in Minnesota Rules, part 9503.0055;
95.26 	(4) the reporting responsibilities in section 626.556 chapter 260A, and Minnesota Rules, 
95.27 	part 9503.0130;
95.28 	(5) the center's drug and alcohol policy under section 245A.04, subdivision 1, paragraph 
95.29 	(c);
95.30 	(6) the center's risk reduction plan as required under section 245A.66, subdivision 2;
96.1 	(7) at least one-half hour of training on the standards under section 245A.1435 and on 
96.2 	reducing the risk of sudden unexpected infant death as required in subdivision 5, if applicable;
96.3 	(8) at least one-half hour of training on the risk of abusive head trauma as required for 
96.4 	the director and staff under subdivision 5a, if applicable; and
96.5 	(9) training required by a child's individual child care program plan as required under 
96.6 	Minnesota Rules, part 9503.0065, subpart 3, if applicable.
96.7 	(b) In addition to paragraph (a), before having unsupervised direct contact with a child, 
96.8 	the director and staff persons within the first 90 days of employment, and substitutes and 
96.9 	unsupervised volunteers within 90 days after the first date of direct contact with a child, 
96.10 	must complete:
96.11 	(1) pediatric first aid, in accordance with subdivision 3; and
96.12 	(2) pediatric cardiopulmonary resuscitation, in accordance with subdivision 4.
96.13 	(c) In addition to paragraph (b), the director and staff persons within the first 90 days 
96.14 	of employment, and substitutes and unsupervised volunteers within 90 days from the first 
96.15 	date of direct contact with a child, must complete training in child development, in accordance 
96.16 	with subdivision 2.
96.17 	(d) The license holder must ensure that documentation, as required in subdivision 10, 
96.18 	identifies the number of hours completed for each topic with a minimum training time 
96.19 	identified, if applicable, and that all required content is included.
96.20 	(e) Training in this subdivision must not be used to meet in-service training requirements 
96.21 	in subdivision 7.
96.22 	(f) Training completed within the previous 12 months under paragraphs (a), clauses (7) 
96.23 	and (8), and (c) are transferable to another child care center.

96.24 	Sec. 50. Minnesota Statutes 2018, section 245C.05, subdivision 6, is amended to read:
96.25 		Subd. 6.Applicant, license holder, other entities, and agencies. (a) The applicant, 
96.26 	license holder, other entities as provided in this chapter, Bureau of Criminal Apprehension, 
96.27 	law enforcement agencies, commissioner of health, and county agencies shall help with the 
96.28 	study by giving the commissioner criminal conviction data and reports about the maltreatment 
96.29 	of adults substantiated under section 626.557 and the maltreatment of minors substantiated 
96.30 	under section 626.556 chapter 260A.
96.31 	(b) If a background study is initiated by an applicant, license holder, or other entities as 
96.32 	provided in this chapter, and the applicant, license holder, or other entity receives information 
97.1 	about the possible criminal or maltreatment history of an individual who is the subject of 
97.2 	the background study, the applicant, license holder, or other entity must immediately provide 
97.3 	the information to the commissioner.
97.4 	(c) The program or county or other agency must provide written notice to the individual 
97.5 	who is the subject of the background study of the requirements under this subdivision.

97.6 	Sec. 51. Minnesota Statutes 2018, section 245C.15, subdivision 4, is amended to read:
97.7 		Subd. 4.Seven-year disqualification. (a) An individual is disqualified under section 
97.8 	245C.14 if: (1) less than seven years has passed since the discharge of the sentence imposed, 
97.9 	if any, for the offense; and (2) the individual has committed a misdemeanor-level violation 
97.10 	of any of the following offenses: sections 256.98 (wrongfully obtaining assistance); 268.182
97.11 	(fraud); 393.07, subdivision 10, paragraph (c) (federal Food Stamp Program fraud); 609.2112, 
97.12 	609.2113, or 609.2114 (criminal vehicular homicide or injury); 609.221 (assault in the first 
97.13 	degree); 609.222 (assault in the second degree); 609.223 (assault in the third degree); 
97.14 	609.2231 (assault in the fourth degree); 609.224 (assault in the fifth degree); 609.2242
97.15 	(domestic assault); 609.2335 (financial exploitation of a vulnerable adult); 609.234 (failure 
97.16 	to report maltreatment of a vulnerable adult); 609.2672 (assault of an unborn child in the 
97.17 	third degree); 609.27 (coercion); violation of an order for protection under 609.3232
97.18 	(protective order authorized; procedures; penalties); 609.466 (medical assistance fraud); 
97.19 	609.52 (theft); 609.525 (bringing stolen goods into Minnesota); 609.527 (identity theft); 
97.20 	609.53 (receiving stolen property); 609.535 (issuance of dishonored checks); 609.611
97.21 	(insurance fraud); 609.66 (dangerous weapons); 609.665 (spring guns); 609.746 (interference 
97.22 	with privacy); 609.79 (obscene or harassing telephone calls); 609.795 (letter, telegram, or 
97.23 	package; opening; harassment); 609.82 (fraud in obtaining credit); 609.821 (financial 
97.24 	transaction card fraud); 617.23 (indecent exposure), not involving a minor; 617.293 (harmful 
97.25 	materials; dissemination and display to minors prohibited); or Minnesota Statutes 2012, 
97.26 	section 609.21; or violation of an order for protection under section 518B.01 (Domestic 
97.27 	Abuse Act).
97.28 	(b) An individual is disqualified under section 245C.14 if less than seven years has 
97.29 	passed since a determination or disposition of the individual's:
97.30 	(1) failure to make required reports under section 626.556, subdivision 3, 260A.23 or 
97.31 	626.557, subdivision 3, for incidents in which: (i) the final disposition under section 626.556
97.32 	or626.557or chapter 260A was substantiated maltreatment, and (ii) the maltreatment was 
97.33 	recurring or serious; or
98.1 	(2) substantiated serious or recurring maltreatment of a minor under section 626.556
98.2 	chapter 260A, a vulnerable adult under section 626.557, or serious or recurring maltreatment 
98.3 	in any other state, the elements of which are substantially similar to the elements of 
98.4 	maltreatment under section 626.556 or626.557or chapter 260A for which: (i) there is a 
98.5 	preponderance of evidence that the maltreatment occurred, and (ii) the subject was 
98.6 	responsible for the maltreatment.
98.7 	(c) An individual is disqualified under section 245C.14 if less than seven years has 
98.8 	passed since the individual's aiding and abetting, attempt, or conspiracy to commit any of 
98.9 	the offenses listed in paragraphs (a) and (b), as each of these offenses is defined in Minnesota 
98.10 	Statutes.
98.11 	(d) An individual is disqualified under section 245C.14 if less than seven years has 
98.12 	passed since the discharge of the sentence imposed for an offense in any other state or 
98.13 	country, the elements of which are substantially similar to the elements of any of the offenses 
98.14 	listed in paragraphs (a) and (b).
98.15 	(e) When a disqualification is based on a judicial determination other than a conviction, 
98.16 	the disqualification period begins from the date of the court order. When a disqualification 
98.17 	is based on an admission, the disqualification period begins from the date of an admission 
98.18 	in court. When a disqualification is based on an Alford Plea, the disqualification period 
98.19 	begins from the date the Alford Plea is entered in court. When a disqualification is based 
98.20 	on a preponderance of evidence of a disqualifying act, the disqualification date begins from 
98.21 	the date of the dismissal, the date of discharge of the sentence imposed for a conviction for 
98.22 	a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.
98.23 	(f) An individual is disqualified under section 245C.14 if less than seven years has passed 
98.24 	since the individual was disqualified under section 256.98, subdivision 8.

98.25 	Sec. 52. Minnesota Statutes 2018, section 245C.16, subdivision 1, is amended to read:
98.26 		Subdivision 1.Determining immediate risk of harm. (a) If the commissioner determines 
98.27 	that the individual studied has a disqualifying characteristic, the commissioner shall review 
98.28 	the information immediately available and make a determination as to the subject's immediate 
98.29 	risk of harm to persons served by the program where the individual studied will have direct 
98.30 	contact with, or access to, people receiving services.
98.31 	(b) The commissioner shall consider all relevant information available, including the 
98.32 	following factors in determining the immediate risk of harm:
98.33 	(1) the recency of the disqualifying characteristic;
99.1 	(2) the recency of discharge from probation for the crimes;
99.2 	(3) the number of disqualifying characteristics;
99.3 	(4) the intrusiveness or violence of the disqualifying characteristic;
99.4 	(5) the vulnerability of the victim involved in the disqualifying characteristic;
99.5 	(6) the similarity of the victim to the persons served by the program where the individual 
99.6 	studied will have direct contact;
99.7 	(7) whether the individual has a disqualification from a previous background study that 
99.8 	has not been set aside; and
99.9 	(8) if the individual has a disqualification which may not be set aside because it is a 
99.10 	permanent bar under section 245C.24, subdivision 1, or the individual is a child care 
99.11 	background study subject who has a felony-level conviction for a drug-related offense in 
99.12 	the last five years, the commissioner may order the immediate removal of the individual 
99.13 	from any position allowing direct contact with, or access to, persons receiving services from 
99.14 	the program.
99.15 	(c) This section does not apply when the subject of a background study is regulated by 
99.16 	a health-related licensing board as defined in chapter 214, and the subject is determined to 
99.17 	be responsible for substantiated maltreatment under section 626.556 or626.557 or chapter 
99.18 	260A.
99.19 	(d) This section does not apply to a background study related to an initial application 
99.20 	for a child foster care license.
99.21 	(e) Except for paragraph (f), this section does not apply to a background study that is 
99.22 	also subject to the requirements under section 256B.0659, subdivisions 11 and 13, for a 
99.23 	personal care assistant or a qualified professional as defined in section 256B.0659, 
99.24 	subdivision 1.
99.25 	(f) If the commissioner has reason to believe, based on arrest information or an active 
99.26 	maltreatment investigation, that an individual poses an imminent risk of harm to persons 
99.27 	receiving services, the commissioner may order that the person be continuously supervised 
99.28 	or immediately removed pending the conclusion of the maltreatment investigation or criminal 
99.29 	proceedings.

99.30 	Sec. 53. Minnesota Statutes 2018, section 245C.17, subdivision 3, is amended to read:
99.31 		Subd. 3.Disqualification notification. (a) The commissioner shall notify an applicant, 
99.32 	license holder, or other entity as provided in this chapter who is not the subject of the study:
100.1 	(1) that the commissioner has found information that disqualifies the individual studied 
100.2 	from being in a position allowing direct contact with, or access to, people served by the 
100.3 	program; and
100.4 	(2) the commissioner's determination of the individual's risk of harm under section 
100.5 	245C.16.
100.6 	(b) If the commissioner determines under section 245C.16 that an individual studied 
100.7 	poses an imminent risk of harm to persons served by the program where the individual 
100.8 	studied will have direct contact with, or access to, people served by the program, the 
100.9 	commissioner shall order the license holder to immediately remove the individual studied 
100.10 	from any position allowing direct contact with, or access to, people served by the program.
100.11 	(c) If the commissioner determines under section 245C.16 that an individual studied 
100.12 	poses a risk of harm that requires continuous, direct supervision, the commissioner shall 
100.13 	order the applicant, license holder, or other entities as provided in this chapter to:
100.14 	(1) immediately remove the individual studied from any position allowing direct contact 
100.15 	with, or access to, people receiving services; or
100.16 	(2) before allowing the disqualified individual to be in a position allowing direct contact 
100.17 	with, or access to, people receiving services, the applicant, license holder, or other entity, 
100.18 	as provided in this chapter, must:
100.19 	(i) obtain from the disqualified individual a copy of the individual's notice of 
100.20 	disqualification from the commissioner that explains the reason for disqualification;
100.21 	(ii) ensure that the individual studied is under continuous, direct supervision when in a 
100.22 	position allowing direct contact with, or access to, people receiving services during the 
100.23 	period in which the individual may request a reconsideration of the disqualification under 
100.24 	section 245C.21; and
100.25 	(iii) ensure that the disqualified individual requests reconsideration within 30 days of 
100.26 	receipt of the notice of disqualification.
100.27 	(d) If the commissioner determines under section 245C.16 that an individual studied 
100.28 	does not pose a risk of harm that requires continuous, direct supervision, the commissioner 
100.29 	shall order the applicant, license holder, or other entities as provided in this chapter to:
100.30 	(1) immediately remove the individual studied from any position allowing direct contact 
100.31 	with, or access to, people receiving services; or
101.1 	(2) before allowing the disqualified individual to be in any position allowing direct 
101.2 	contact with, or access to, people receiving services, the applicant, license holder, or other 
101.3 	entity as provided in this chapter must:
101.4 	(i) obtain from the disqualified individual a copy of the individual's notice of 
101.5 	disqualification from the commissioner that explains the reason for disqualification; and
101.6 	(ii) ensure that the disqualified individual requests reconsideration within 15 days of 
101.7 	receipt of the notice of disqualification.
101.8 	(e) The commissioner shall not notify the applicant, license holder, or other entity as 
101.9 	provided in this chapter of the information contained in the subject's background study 
101.10 	unless:
101.11 	(1) the basis for the disqualification is failure to cooperate with the background study 
101.12 	or substantiated maltreatment under section 626.556 or626.557 or chapter 260A;
101.13 	(2) the Data Practices Act under chapter 13 provides for release of the information; or
101.14 	(3) the individual studied authorizes the release of the information.

101.15 	Sec. 54. Minnesota Statutes 2018, section 245C.21, subdivision 2, is amended to read:
101.16 		Subd. 2.Time frame for requesting reconsideration. (a) When the commissioner 
101.17 	sends an individual a notice of disqualification based on a finding under section 245C.16, 
101.18 	subdivision 2, paragraph (a), clause (1) or (2), the disqualified individual must submit the 
101.19 	request for a reconsideration within 30 calendar days of the individual's receipt of the notice 
101.20 	of disqualification. If mailed, the request for reconsideration must be postmarked and sent 
101.21 	to the commissioner within 30 calendar days of the individual's receipt of the notice of 
101.22 	disqualification. If a request for reconsideration is made by personal service, it must be 
101.23 	received by the commissioner within 30 calendar days after the individual's receipt of the 
101.24 	notice of disqualification. Upon showing that the information under subdivision 3 cannot 
101.25 	be obtained within 30 days, the disqualified individual may request additional time, not to 
101.26 	exceed 30 days, to obtain the information.
101.27 	(b) When the commissioner sends an individual a notice of disqualification based on a 
101.28 	finding under section 245C.16, subdivision 2, paragraph (a), clause (3), the disqualified 
101.29 	individual must submit the request for reconsideration within 15 calendar days of the 
101.30 	individual's receipt of the notice of disqualification. If mailed, the request for reconsideration 
101.31 	must be postmarked and sent to the commissioner within 15 calendar days of the individual's 
101.32 	receipt of the notice of disqualification. If a request for reconsideration is made by personal 
102.1 	service, it must be received by the commissioner within 15 calendar days after the individual's 
102.2 	receipt of the notice of disqualification.
102.3 	(c) An individual who was determined to have maltreated a child under section 626.556
102.4 	chapter 260A or a vulnerable adult under section 626.557, and who is disqualified on the 
102.5 	basis of serious or recurring maltreatment, may request a reconsideration of both the 
102.6 	maltreatment and the disqualification determinations. The request must be submitted within 
102.7 	30 calendar days of the individual's receipt of the notice of disqualification. If mailed, the 
102.8 	request for reconsideration must be postmarked and sent to the commissioner within 30 
102.9 	calendar days of the individual's receipt of the notice of disqualification. If a request for 
102.10 	reconsideration is made by personal service, it must be received by the commissioner within 
102.11 	30 calendar days after the individual's receipt of the notice of disqualification.
102.12 	(d) Except for family child care and child foster care, reconsideration of a maltreatment 
102.13 	determination under sections 626.556, subdivision 10i, 260A.85 and 626.557, subdivision 
102.14 	9d, and reconsideration of a disqualification under section 245C.22, shall not be conducted 
102.15 	when:
102.16 	(1) a denial of a license under section 245A.05, or a licensing sanction under section 
102.17 	245A.07, is based on a determination that the license holder is responsible for maltreatment 
102.18 	or the disqualification of a license holder based on serious or recurring maltreatment;
102.19 	(2) the denial of a license or licensing sanction is issued at the same time as the 
102.20 	maltreatment determination or disqualification; and
102.21 	(3) the license holder appeals the maltreatment determination, disqualification, and 
102.22 	denial of a license or licensing sanction. In such cases, a fair hearing under section 256.045
102.23 	must not be conducted under sections 245C.27, 626.556, subdivision 10i 260A.85, and 
102.24 	626.557, subdivision 9d. Under section 245A.08, subdivision 2a, the scope of the 
102.25 	consolidated contested case hearing must include the maltreatment determination, 
102.26 	disqualification, and denial of a license or licensing sanction.
102.27 	Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment 
102.28 	determination or disqualification, but does not appeal the denial of a license or a licensing 
102.29 	sanction, reconsideration of the maltreatment determination shall be conducted under sections 
102.30 	626.556, subdivision 10i, 260A.85 and 626.557, subdivision 9d, and reconsideration of the 
102.31 	disqualification shall be conducted under section 245C.22. In such cases, a fair hearing shall 
102.32 	also be conducted as provided under sections 245C.27, 626.556, subdivision 10i 260A.85, 
102.33 	and 626.557, subdivision 9d.

103.1 	Sec. 55. Minnesota Statutes 2018, section 245C.24, subdivision 4, is amended to read:
103.2 		Subd. 4.Seven-year bar to set aside disqualification. The commissioner may not set 
103.3 	aside the disqualification of an individual in connection with a license to provide family 
103.4 	child care for children, foster care for children in the provider's home, or foster care or day 
103.5 	care services for adults in the provider's home if within seven years preceding the study:
103.6 	(1) the individual committed an act that constitutes maltreatment of a child under section 
103.7 	626.556, subdivision 10e, sections 260A.43, subdivisions 1, 2, and 3, and 260A.52, 
103.8 	subdivisions 1, 2, and 4, and the maltreatment resulted in substantial bodily harm as defined 
103.9 	in section 609.02, subdivision 7a, or substantial mental or emotional harm as supported by 
103.10 	competent psychological or psychiatric evidence; or
103.11 	(2) the individual was determined under section 626.557 to be the perpetrator of a 
103.12 	substantiated incident of maltreatment of a vulnerable adult that resulted in substantial 
103.13 	bodily harm as defined in section 609.02, subdivision 7a, or substantial mental or emotional 
103.14 	harm as supported by competent psychological or psychiatric evidence.

103.15 	Sec. 56. Minnesota Statutes 2018, section 245C.25, is amended to read:
103.16 	245C.25 CONSOLIDATED RECONSIDERATION OF MALTREATMENT 
103.17 	DETERMINATION AND DISQUALIFICATION.
103.18 	If an individual is disqualified on the basis of a determination of maltreatment under 
103.19 	section 626.556 or626.557 or chapter 260A, which was serious or recurring, and the 
103.20 	individual requests reconsideration of the maltreatment determination under section 626.556, 
103.21 	subdivision 10i, 260A.85 or 626.557, subdivision 9d, and also requests reconsideration of 
103.22 	the disqualification under section 245C.21, the commissioner shall consolidate the 
103.23 	reconsideration of the maltreatment determination and the disqualification into a single 
103.24 	reconsideration.

103.25 	Sec. 57. Minnesota Statutes 2018, section 245C.27, subdivision 1, is amended to read:
103.26 		Subdivision 1.Fair hearing following a reconsideration decision. (a) An individual 
103.27 	who is disqualified on the basis of a preponderance of evidence that the individual committed 
103.28 	an act or acts that meet the definition of any of the crimes listed in section 245C.15; for a 
103.29 	determination under section 626.556 or626.557or chapter 260A of substantiated 
103.30 	maltreatment that was serious or recurring under section 245C.15; or for failure to make 
103.31 	required reports under section 626.556, subdivision 3; 260A.23, subdivision 1 or 2; 260A.28, 
103.32 	subdivision 1; or 626.557, subdivision 3, pursuant to section 245C.15, subdivision 4, 
104.1 	paragraph (b), clause (1), may request a fair hearing under section 256.045, following a 
104.2 	reconsideration decision issued under section 245C.23, unless the disqualification is deemed 
104.3 	conclusive under section 245C.29.
104.4 	(b) The fair hearing is the only administrative appeal of the final agency determination 
104.5 	for purposes of appeal by the disqualified individual. The disqualified individual does not 
104.6 	have the right to challenge the accuracy and completeness of data under section 13.04.
104.7 	(c) Except as provided under paragraph (e), if the individual was disqualified based on 
104.8 	a conviction of, admission to, or Alford Plea to any crimes listed in section 245C.15, 
104.9 	subdivisions 1 to 4, or for a disqualification under section 256.98, subdivision 8, the 
104.10 	reconsideration decision under section 245C.22 is the final agency determination for purposes 
104.11 	of appeal by the disqualified individual and is not subject to a hearing under section 256.045. 
104.12 	If the individual was disqualified based on a judicial determination, that determination is 
104.13 	treated the same as a conviction for purposes of appeal.
104.14 	(d) This subdivision does not apply to a public employee's appeal of a disqualification 
104.15 	under section 245C.28, subdivision 3.
104.16 	(e) Notwithstanding paragraph (c), if the commissioner does not set aside a 
104.17 	disqualification of an individual who was disqualified based on both a preponderance of 
104.18 	evidence and a conviction or admission, the individual may request a fair hearing under 
104.19 	section 256.045, unless the disqualifications are deemed conclusive under section 245C.29. 
104.20 	The scope of the hearing conducted under section 256.045 with regard to the disqualification 
104.21 	based on a conviction or admission shall be limited solely to whether the individual poses 
104.22 	a risk of harm, according to section 256.045, subdivision 3b. In this case, the reconsideration 
104.23 	decision under section 245C.22 is not the final agency decision for purposes of appeal by 
104.24 	the disqualified individual.

104.25 	Sec. 58. Minnesota Statutes 2018, section 245C.27, subdivision 2, is amended to read:
104.26 		Subd. 2.Consolidated fair hearing following a reconsideration decision. (a) If an 
104.27 	individual who is disqualified on the bases of serious or recurring maltreatment requests a 
104.28 	fair hearing on the maltreatment determination under section 626.556, subdivision 10i,
104.29 	260A.85 or 626.557, subdivision 9d, and requests a fair hearing under this section on the 
104.30 	disqualification following a reconsideration decision under section 245C.23, the scope of 
104.31 	the fair hearing under section 256.045 shall include the maltreatment determination and the 
104.32 	disqualification.
105.1 	(b) A fair hearing is the only administrative appeal of the final agency determination. 
105.2 	The disqualified individual does not have the right to challenge the accuracy and 
105.3 	completeness of data under section 13.04.
105.4 	(c) This subdivision does not apply to a public employee's appeal of a disqualification 
105.5 	under section 245C.28, subdivision 3.

105.6 	Sec. 59. Minnesota Statutes 2018, section 245C.28, subdivision 1, is amended to read:
105.7 		Subdivision 1.License holder. (a) If a maltreatment determination or a disqualification 
105.8 	for which reconsideration was timely requested and which was not set aside is the basis for 
105.9 	a denial of a license under section 245A.05 or a licensing sanction under section 245A.07, 
105.10 	the license holder has the right to a contested case hearing under chapter 14 and Minnesota 
105.11 	Rules, parts 1400.8505 to 1400.8612. The license holder must submit the appeal under 
105.12 	section 245A.05 or 245A.07, subdivision 3.
105.13 	(b) As provided under section 245A.08, subdivision 2a, if the denial of a license or 
105.14 	licensing sanction is based on a disqualification for which reconsideration was timely 
105.15 	requested and was not set aside, the scope of the consolidated contested case hearing must 
105.16 	include:
105.17 	(1) the disqualification, to the extent the license holder otherwise has a hearing right on 
105.18 	the disqualification under this chapter; and
105.19 	(2) the licensing sanction or denial of a license.
105.20 	(c) As provided for under section 245A.08, subdivision 2a, if the denial of a license or 
105.21 	licensing sanction is based on a determination of maltreatment under section 626.556 or
105.22 	626.557 or chapter 260A, or a disqualification for serious or recurring maltreatment which 
105.23 	was not set aside, the scope of the contested case hearing must include:
105.24 	(1) the maltreatment determination, if the maltreatment is not conclusive under section 
105.25 	245C.29;
105.26 	(2) the disqualification, if the disqualification is not conclusive under section 245C.29; 
105.27 	and
105.28 	(3) the licensing sanction or denial of a license. In such cases, a fair hearing must not 
105.29 	be conducted under section 256.045. If the disqualification was based on a determination 
105.30 	of substantiated serious or recurring maltreatment under section 626.556 or626.557 or 
105.31 	chapter 260A, the appeal must be submitted under sections 245A.07, subdivision 3, and 
105.32 	626.556, subdivision 10i, 260A.85, or 626.557, subdivision 9d.
106.1 	(d) Except for family child care and child foster care, reconsideration of a maltreatment 
106.2 	determination under sections 626.556, subdivision 10i, 260A.85 and 626.557, subdivision 
106.3 	9d, and reconsideration of a disqualification under section 245C.22, must not be conducted 
106.4 	when:
106.5 	(1) a denial of a license under section 245A.05, or a licensing sanction under section 
106.6 	245A.07, is based on a determination that the license holder is responsible for maltreatment 
106.7 	or the disqualification of a license holder based on serious or recurring maltreatment;
106.8 	(2) the denial of a license or licensing sanction is issued at the same time as the 
106.9 	maltreatment determination or disqualification; and
106.10 	(3) the license holder appeals the maltreatment determination, disqualification, and 
106.11 	denial of a license or licensing sanction. In such cases a fair hearing under section 256.045 
106.12 	must not be conducted under sections 245C.27, 626.556, subdivision 10i, 260A.85, and 
106.13 	626.557, subdivision 9d. Under section 245A.08, subdivision 2a, the scope of the 
106.14 	consolidated contested case hearing must include the maltreatment determination, 
106.15 	disqualification, and denial of a license or licensing sanction.
106.16 	Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment 
106.17 	determination or disqualification, but does not appeal the denial of a license or a licensing 
106.18 	sanction, reconsideration of the maltreatment determination shall be conducted under sections 
106.19 	626.556, subdivision 10i, 260A.85 and 626.557, subdivision 9d, and reconsideration of the 
106.20 	disqualification shall be conducted under section 245C.22. In such cases, a fair hearing shall 
106.21 	also be conducted as provided under sections 245C.27, 626.556, subdivision 10i, 260A.85,
106.22 	and 626.557, subdivision 9d.

106.23 	Sec. 60. Minnesota Statutes 2018, section 245C.29, subdivision 1, is amended to read:
106.24 		Subdivision 1.Conclusive maltreatment determination or disposition. Unless 
106.25 	otherwise specified in statute, a maltreatment determination or disposition under section 
106.26 	626.556 or626.557or chapter 260A is conclusive, if:
106.27 	(1) the commissioner has issued a final order in an appeal of that determination or 
106.28 	disposition under section 245A.08, subdivision 5, or 256.045;
106.29 	(2) the individual did not request reconsideration of the maltreatment determination or 
106.30 	disposition under section 626.556 or626.557 or chapter 260A; or
106.31 	(3) the individual did not request a hearing of the maltreatment determination or 
106.32 	disposition under section 256.045.

107.1 	Sec. 61. Minnesota Statutes 2018, section 245C.31, subdivision 1, is amended to read:
107.2 		Subdivision 1.Board determines disciplinary or corrective action. (a) When the 
107.3 	subject of a background study is regulated by a health-related licensing board as defined in 
107.4 	chapter 214, and the commissioner determines that the regulated individual is responsible 
107.5 	for substantiated maltreatment under section 626.556 or626.557 or chapter 260A, instead 
107.6 	of the commissioner making a decision regarding disqualification, the board shall make a 
107.7 	determination whether to impose disciplinary or corrective action under chapter 214.
107.8 	(b) This section does not apply to a background study of an individual regulated by a 
107.9 	health-related licensing board if the individual's study is related to child foster care, adult 
107.10 	foster care, or family child care licensure.

107.11 	Sec. 62. Minnesota Statutes 2018, section 245C.32, subdivision 2, is amended to read:
107.12 		Subd. 2.Use. (a) The commissioner may also use these systems and records to obtain 
107.13 	and provide criminal history data from the Bureau of Criminal Apprehension, criminal 
107.14 	history data held by the commissioner, and data about substantiated maltreatment under 
107.15 	section 626.556 or626.557 or chapter 260A, for other purposes, provided that:
107.16 	(1) the background study is specifically authorized in statute; or
107.17 	(2) the request is made with the informed consent of the subject of the study as provided 
107.18 	in section 13.05, subdivision 4.
107.19 	(b) An individual making a request under paragraph (a), clause (2), must agree in writing 
107.20 	not to disclose the data to any other individual without the consent of the subject of the data.
107.21 	(c) The commissioner may recover the cost of obtaining and providing background study 
107.22 	data by charging the individual or entity requesting the study a fee of no more than $20 per 
107.23 	study. The fees collected under this paragraph are appropriated to the commissioner for the 
107.24 	purpose of conducting background studies.
107.25 	(d) The commissioner shall recover the cost of obtaining background study data required 
107.26 	under section 524.5-118 through a fee of $50 per study for an individual who has not lived 
107.27 	outside Minnesota for the past ten years, and a fee of $100 for an individual who has resided 
107.28 	outside of Minnesota for any period during the ten years preceding the background study. 
107.29 	The commissioner shall recover, from the individual, any additional fees charged by other 
107.30 	states' licensing agencies that are associated with these data requests. Fees under subdivision 
107.31 	3 also apply when criminal history data from the National Criminal Records Repository is 
107.32 	required.

108.1 	Sec. 63. Minnesota Statutes 2018, section 245D.02, subdivision 11, is amended to read:
108.2 		Subd. 11.Incident. "Incident" means an occurrence which involves a person and requires 
108.3 	the program to make a response that is not a part of the program's ordinary provision of 
108.4 	services to that person, and includes:
108.5 	(1) serious injury of a person as determined by section 245.91, subdivision 6;
108.6 	(2) a person's death;
108.7 	(3) any medical emergency, unexpected serious illness, or significant unexpected change 
108.8 	in an illness or medical condition of a person that requires the program to call 911, physician 
108.9 	treatment, or hospitalization;
108.10 	(4) any mental health crisis that requires the program to call 911, a mental health crisis 
108.11 	intervention team, or a similar mental health response team or service when available and 
108.12 	appropriate;
108.13 	(5) an act or situation involving a person that requires the program to call 911, law 
108.14 	enforcement, or the fire department;
108.15 	(6) a person's unauthorized or unexplained absence from a program;
108.16 	(7) conduct by a person receiving services against another person receiving services 
108.17 	that:
108.18 	(i) is so severe, pervasive, or objectively offensive that it substantially interferes with a 
108.19 	person's opportunities to participate in or receive service or support;
108.20 	(ii) places the person in actual and reasonable fear of harm;
108.21 	(iii) places the person in actual and reasonable fear of damage to property of the person; 
108.22 	or
108.23 	(iv) substantially disrupts the orderly operation of the program;
108.24 	(8) any sexual activity between persons receiving services involving force or coercion 
108.25 	as defined under section 609.341, subdivisions 3 and 14;
108.26 	(9) any emergency use of manual restraint as identified in section 245D.061 or successor 
108.27 	provisions; or
108.28 	(10) a report of alleged or suspected child or vulnerable adult maltreatment under section 
108.29 	626.556 or626.557 or chapter 260A.

109.1 	Sec. 64. Minnesota Statutes 2018, section 245D.06, subdivision 1, is amended to read:
109.2 		Subdivision 1.Incident response and reporting.  (a) The license holder must respond 
109.3 	to incidents under section 245D.02, subdivision 11, that occur while providing services to 
109.4 	protect the health and safety of and minimize risk of harm to the person.
109.5 	(b) The license holder must maintain information about and report incidents to the 
109.6 	person's legal representative or designated emergency contact and case manager within 24 
109.7 	hours of an incident occurring while services are being provided, within 24 hours of discovery 
109.8 	or receipt of information that an incident occurred, unless the license holder has reason to 
109.9 	know that the incident has already been reported, or as otherwise directed in a person's 
109.10 	coordinated service and support plan or coordinated service and support plan addendum. 
109.11 	An incident of suspected or alleged maltreatment must be reported as required under 
109.12 	paragraph (d), and an incident of serious injury or death must be reported as required under 
109.13 	paragraph (e).
109.14 	(c) When the incident involves more than one person, the license holder must not disclose 
109.15 	personally identifiable information about any other person when making the report to each 
109.16 	person and case manager unless the license holder has the consent of the person.
109.17 	(d) Within 24 hours of reporting maltreatment as required under section 626.556 or
109.18 	626.557 or chapter 260A, the license holder must inform the case manager of the report 
109.19 	unless there is reason to believe that the case manager is involved in the suspected 
109.20 	maltreatment. The license holder must disclose the nature of the activity or occurrence 
109.21 	reported and the agency that received the report.
109.22 	(e) The license holder must report the death or serious injury of the person as required 
109.23 	in paragraph (b) and to the Department of Human Services Licensing Division, and the 
109.24 	Office of Ombudsman for Mental Health and Developmental Disabilities as required under 
109.25 	section 245.94, subdivision 2a, within 24 hours of the death or serious injury, or receipt of 
109.26 	information that the death or serious injury occurred, unless the license holder has reason 
109.27 	to know that the death or serious injury has already been reported.
109.28 	(f) When a death or serious injury occurs in a facility certified as an intermediate care 
109.29 	facility for persons with developmental disabilities, the death or serious injury must be 
109.30 	reported to the Department of Health, Office of Health Facility Complaints, and the Office 
109.31 	of Ombudsman for Mental Health and Developmental Disabilities, as required under sections 
109.32 	245.91 and 245.94, subdivision 2a, unless the license holder has reason to know that the 
109.33 	death or serious injury has already been reported.
110.1 	(g) The license holder must conduct an internal review of incident reports of deaths and 
110.2 	serious injuries that occurred while services were being provided and that were not reported 
110.3 	by the program as alleged or suspected maltreatment, for identification of incident patterns, 
110.4 	and implementation of corrective action as necessary to reduce occurrences. The review 
110.5 	must include an evaluation of whether related policies and procedures were followed, 
110.6 	whether the policies and procedures were adequate, whether there is a need for additional 
110.7 	staff training, whether the reported event is similar to past events with the persons or the 
110.8 	services involved, and whether there is a need for corrective action by the license holder to 
110.9 	protect the health and safety of persons receiving services. Based on the results of this 
110.10 	review, the license holder must develop, document, and implement a corrective action plan 
110.11 	designed to correct current lapses and prevent future lapses in performance by staff or the 
110.12 	license holder, if any.
110.13 	(h) The license holder must verbally report the emergency use of manual restraint of a 
110.14 	person as required in paragraph (b) within 24 hours of the occurrence. The license holder 
110.15 	must ensure the written report and internal review of all incident reports of the emergency 
110.16 	use of manual restraints are completed according to the requirements in section 245D.061
110.17 	or successor provisions.

110.18 	Sec. 65. Minnesota Statutes 2018, section 245D.06, subdivision 6, is amended to read:
110.19 		Subd. 6.Restricted procedures. (a) The following procedures are allowed when the 
110.20 	procedures are implemented in compliance with the standards governing their use as 
110.21 	identified in clauses (1) to (3). Allowed but restricted procedures include:
110.22 	(1) permitted actions and procedures subject to the requirements in subdivision 7;
110.23 	(2) procedures identified in a positive support transition plan subject to the requirements 
110.24 	in subdivision 8; or
110.25 	(3) emergency use of manual restraint subject to the requirements in section 245D.061.
110.26 	(b) A restricted procedure identified in paragraph (a) must not:
110.27 	(1) be implemented with a child in a manner that constitutes sexual abuse, neglect, 
110.28 	physical abuse, or mental injury, as defined in section 626.556, subdivision 2 260A.20;
110.29 	(2) be implemented with an adult in a manner that constitutes abuse or neglect as defined 
110.30 	in section 626.5572, subdivision 2 or 17;
110.31 	(3) be implemented in a manner that violates a person's rights identified in section 
110.32 	245D.04;
111.1 	(4) restrict a person's normal access to a nutritious diet, drinking water, adequate 
111.2 	ventilation, necessary medical care, ordinary hygiene facilities, normal sleeping conditions, 
111.3 	necessary clothing, or any protection required by state licensing standards or federal 
111.4 	regulations governing the program;
111.5 	(5) deny the person visitation or ordinary contact with legal counsel, a legal representative, 
111.6 	or next of kin;
111.7 	(6) be used for the convenience of staff, as punishment, as a substitute for adequate 
111.8 	staffing, or as a consequence if the person refuses to participate in the treatment or services 
111.9 	provided by the program;
111.10 	(7) use prone restraint. For purposes of this section, "prone restraint" means use of 
111.11 	manual restraint that places a person in a face-down position. Prone restraint does not include 
111.12 	brief physical holding of a person who, during an emergency use of manual restraint, rolls 
111.13 	into a prone position, if the person is restored to a standing, sitting, or side-lying position 
111.14 	as quickly as possible;
111.15 	(8) apply back or chest pressure while a person is in a prone position as identified in 
111.16 	clause (7), supine position, or side-lying position; or
111.17 	(9) be implemented in a manner that is contraindicated for any of the person's known 
111.18 	medical or psychological limitations.

111.19 	Sec. 66. Minnesota Statutes 2018, section 245D.09, subdivision 4, is amended to read:
111.20 		Subd. 4.Orientation to program requirements.  Except for a license holder who does 
111.21 	not supervise any direct support staff, within 60 calendar days of hire, unless stated otherwise, 
111.22 	the license holder must provide and ensure completion of orientation sufficient to create 
111.23 	staff competency for direct support staff that combines supervised on-the-job training with 
111.24 	review of and instruction in the following areas:
111.25 	(1) the job description and how to complete specific job functions, including:
111.26 	(i) responding to and reporting incidents as required under section 245D.06, subdivision 
111.27 	1; and
111.28 	(ii) following safety practices established by the license holder and as required in section 
111.29 	245D.06, subdivision 2;
111.30 	(2) the license holder's current policies and procedures required under this chapter, 
111.31 	including their location and access, and staff responsibilities related to implementation of 
111.32 	those policies and procedures;
112.1 	(3) data privacy requirements according to sections 13.01 to 13.10 and 13.46, the federal 
112.2 	Health Insurance Portability and Accountability Act of 1996 (HIPAA), and staff 
112.3 	responsibilities related to complying with data privacy practices;
112.4 	(4) the service recipient rights and staff responsibilities related to ensuring the exercise 
112.5 	and protection of those rights according to the requirements in section 245D.04;
112.6 	(5) sections 245A.65, 245A.66, 626.556, and 626.557 and chapter 260A, governing 
112.7 	maltreatment reporting and service planning for children and vulnerable adults, and staff 
112.8 	responsibilities related to protecting persons from maltreatment and reporting maltreatment. 
112.9 	This orientation must be provided within 72 hours of first providing direct contact services 
112.10 	and annually thereafter according to section 245A.65, subdivision 3;
112.11 	(6) the principles of person-centered service planning and delivery as identified in section 
112.12 	245D.07, subdivision 1a, and how they apply to direct support service provided by the staff 
112.13 	person;
112.14 	(7) the safe and correct use of manual restraint on an emergency basis according to the 
112.15 	requirements in section 245D.061 or successor provisions, and what constitutes the use of 
112.16 	restraints, time out, and seclusion, including chemical restraint;
112.17 	(8) staff responsibilities related to prohibited procedures under section 245D.06, 
112.18 	subdivision 5, or successor provisions, why such procedures are not effective for reducing 
112.19 	or eliminating symptoms or undesired behavior, and why such procedures are not safe;
112.20 	(9) basic first aid; and
112.21 	(10) other topics as determined necessary in the person's coordinated service and support 
112.22 	plan by the case manager or other areas identified by the license holder.

112.23 	Sec. 67. Minnesota Statutes 2018, section 245D.32, subdivision 5, is amended to read:
112.24 		Subd. 5.Investigations of alleged or suspected maltreatment. Nothing in this section 
112.25 	changes the commissioner's responsibilities to investigate alleged or suspected maltreatment 
112.26 	of a minor under section 626.556 chapter 260A or a vulnerable adult under section 626.557.

112.27 	Sec. 68. Minnesota Statutes 2018, section 245F.04, subdivision 1, is amended to read:
112.28 		Subdivision 1.General application and license requirements. An applicant for licensure 
112.29 	as a clinically managed withdrawal management program or medically monitored withdrawal 
112.30 	management program must meet the following requirements, except where otherwise noted. 
112.31 	All programs must comply with federal requirements and the general requirements in 
113.1 	chapters 245A and 245C and sections 626.556,626.557, and 626.5572 and chapters 245A, 
113.2 	245C, and 260A. A withdrawal management program must be located in a hospital licensed 
113.3 	under sections 144.50 to 144.581, or must be a supervised living facility with a class B 
113.4 	license from the Department of Health under Minnesota Rules, parts 4665.0100 to 4665.9900.

113.5 	Sec. 69. Minnesota Statutes 2018, section 245F.15, subdivision 3, is amended to read:
113.6 		Subd. 3.Program director qualifications. A program director must:
113.7 	(1) have at least one year of work experience in direct service to individuals with 
113.8 	substance use disorders or one year of work experience in the management or administration 
113.9 	of direct service to individuals with substance use disorders;
113.10 	(2) have a baccalaureate degree or three years of work experience in administration or 
113.11 	personnel supervision in human services; and
113.12 	(3) know and understand the requirements of this chapter and chapters 245A and 245C, 
113.13 	and, sections 253B.04, 253B.05, 626.556,626.557, and 626.5572, and chapters 245A, 245C, 
113.14 	and 260A.

113.15 	Sec. 70. Minnesota Statutes 2018, section 245F.15, subdivision 5, is amended to read:
113.16 		Subd. 5.Responsible staff person qualifications. Each responsible staff person must 
113.17 	know and understand the requirements of this chapter and, sections 245A.65, 253B.04, 
113.18 	253B.05, 626.556,626.557, and 626.5572, and chapter 260A. In a clinically managed 
113.19 	program, the responsible staff person must be a licensed practical nurse employed by or 
113.20 	under contract with the license holder. In a medically monitored program, the responsible 
113.21 	staff person must be a registered nurse, program director, or physician.

113.22 	Sec. 71. Minnesota Statutes 2018, section 245F.16, subdivision 1, is amended to read:
113.23 		Subdivision 1.Policy requirements. A license holder must have written personnel 
113.24 	policies and must make them available to staff members at all times. The personnel policies 
113.25 	must:
113.26 	(1) ensure that a staff member's retention, promotion, job assignment, or pay are not 
113.27 	affected by a good-faith communication between the staff member and the Department of 
113.28 	Human Services, Department of Health, Ombudsman for Mental Health and Developmental 
113.29 	Disabilities, law enforcement, or local agencies that investigate complaints regarding patient 
113.30 	rights, health, or safety;
114.1 	(2) include a job description for each position that specifies job responsibilities, degree 
114.2 	of authority to execute job responsibilities, standards of job performance related to specified 
114.3 	job responsibilities, and qualifications;
114.4 	(3) provide for written job performance evaluations for staff members of the license 
114.5 	holder at least annually;
114.6 	(4) describe behavior that constitutes grounds for disciplinary action, suspension, or 
114.7 	dismissal, including policies that address substance use problems and meet the requirements 
114.8 	of section 245F.15, subdivisions 1 and 2. The policies and procedures must list behaviors 
114.9 	or incidents that are considered substance use problems. The list must include:
114.10 	(i) receiving treatment for substance use disorder within the period specified for the 
114.11 	position in the staff qualification requirements;
114.12 	(ii) substance use that has a negative impact on the staff member's job performance;
114.13 	(iii) substance use that affects the credibility of treatment services with patients, referral 
114.14 	sources, or other members of the community; and
114.15 	(iv) symptoms of intoxication or withdrawal on the job;
114.16 	(5) include policies prohibiting personal involvement with patients and policies 
114.17 	prohibiting patient maltreatment as specified under chapter 604 and sections 245A.65, 
114.18 	626.556,626.557, and 626.5572 and chapters 260A and 604;
114.19 	(6) include a chart or description of organizational structure indicating the lines of 
114.20 	authority and responsibilities;
114.21 	(7) include a written plan for new staff member orientation that, at a minimum, includes 
114.22 	training related to the specific job functions for which the staff member was hired, program 
114.23 	policies and procedures, patient needs, and the areas identified in subdivision 2, paragraphs 
114.24 	(b) to (e); and
114.25 	(8) include a policy on the confidentiality of patient information.

114.26 	Sec. 72. Minnesota Statutes 2018, section 245F.16, subdivision 2, is amended to read:
114.27 		Subd. 2.Staff development. (a) A license holder must ensure that each staff member 
114.28 	receives orientation training before providing direct patient care and at least 30 hours of 
114.29 	continuing education every two years. A written record must be kept to demonstrate 
114.30 	completion of training requirements.
115.1 	(b) Within 72 hours of beginning employment, all staff having direct patient contact 
115.2 	must be provided orientation on the following:
115.3 	(1) specific license holder and staff responsibilities for patient confidentiality;
115.4 	(2) standards governing the use of protective procedures;
115.5 	(3) patient ethical boundaries and patient rights, including the rights of patients admitted 
115.6 	under chapter 253B;
115.7 	(4) infection control procedures;
115.8 	(5) mandatory reporting under sections 245A.65, 626.556, and 626.557,and chapter 
115.9 	260A, including specific training covering the facility's policies concerning obtaining patient 
115.10 	releases of information;
115.11 	(6) HIV minimum standards as required in section 245A.19;
115.12 	(7) motivational counseling techniques and identifying stages of change; and
115.13 	(8) eight hours of training on the program's protective procedures policy required in 
115.14 	section 245F.09, including:
115.15 	(i) approved therapeutic holds;
115.16 	(ii) protective procedures used to prevent patients from imminent danger of harming 
115.17 	self or others;
115.18 	(iii) the emergency conditions under which the protective procedures may be used, if 
115.19 	any;
115.20 	(iv) documentation standards for using protective procedures;
115.21 	(v) how to monitor and respond to patient distress; and
115.22 	(vi) person-centered planning and trauma-informed care.
115.23 	(c) All staff having direct patient contact must be provided annual training on the 
115.24 	following:
115.25 	(1) infection control procedures;
115.26 	(2) mandatory reporting under sections 245A.65, 626.556, and 626.557,and chapter 
115.27 	260A, including specific training covering the facility's policies concerning obtaining patient 
115.28 	releases of information;
115.29 	(3) HIV minimum standards as required in section 245A.19; and
115.30 	(4) motivational counseling techniques and identifying stages of change.
116.1 	(d) All staff having direct patient contact must be provided training every two years on 
116.2 	the following:
116.3 	(1) specific license holder and staff responsibilities for patient confidentiality;
116.4 	(2) standards governing use of protective procedures, including:
116.5 	(i) approved therapeutic holds;
116.6 	(ii) protective procedures used to prevent patients from imminent danger of harming 
116.7 	self or others;
116.8 	(iii) the emergency conditions under which the protective procedures may be used, if 
116.9 	any;
116.10 	(iv) documentation standards for using protective procedures;
116.11 	(v) how to monitor and respond to patient distress; and
116.12 	(vi) person-centered planning and trauma-informed care; and
116.13 	(3) patient ethical boundaries and patient rights, including the rights of patients admitted 
116.14 	under chapter 253B.
116.15 	(e) Continuing education that is completed in areas outside of the required topics must 
116.16 	provide information to the staff person that is useful to the performance of the individual 
116.17 	staff person's duties.

116.18 	Sec. 73. Minnesota Statutes 2018, section 245F.18, is amended to read:
116.19 	245F.18 POLICY AND PROCEDURES MANUAL.
116.20 	A license holder must develop a written policy and procedures manual that is 
116.21 	alphabetically indexed and has a table of contents, so that staff have immediate access to 
116.22 	all policies and procedures, and that consumers of the services and other authorized parties 
116.23 	have access to all policies and procedures. The manual must contain the following materials:
116.24 	(1) a description of patient education services as required in section 245F.06;
116.25 	(2) personnel policies that comply with section 245F.16;
116.26 	(3) admission information and referral and discharge policies that comply with section 
116.27 	245F.05;
116.28 	(4) a health monitoring plan that complies with section 245F.12;
116.29 	(5) a protective procedures policy that complies with section 245F.09, if the program 
116.30 	elects to use protective procedures;
117.1 	(6) policies and procedures for assuring appropriate patient-to-staff ratios that comply 
117.2 	with section 245F.14;
117.3 	(7) policies and procedures for assessing and documenting the susceptibility for risk of 
117.4 	abuse to the patient as the basis for the individual abuse prevention plan required by section 
117.5 	245A.65;
117.6 	(8) procedures for mandatory reporting as required by sections 245A.65, 626.556, and 
117.7 	626.557 and chapter 260A;
117.8 	(9) a medication control plan that complies with section 245F.13; and
117.9 	(10) policies and procedures regarding HIV that meet the minimum standards under 
117.10 	section 245A.19.

117.11 	Sec. 74. Minnesota Statutes 2018, section 245G.03, subdivision 1, is amended to read:
117.12 		Subdivision 1.License requirements. (a) An applicant for a license to provide substance 
117.13 	use disorder treatment must comply with the general requirements in chapters 245A and 
117.14 	245C, sections 626.556 and section626.557, chapters 245A, 245C, and 260A, and Minnesota 
117.15 	Rules, chapter 9544.
117.16 	(b) The commissioner may grant variances to the requirements in this chapter that do 
117.17 	not affect the client's health or safety if the conditions in section 245A.04, subdivision 9, 
117.18 	are met.

117.19 	Sec. 75. Minnesota Statutes 2018, section 245G.10, subdivision 3, is amended to read:
117.20 		Subd. 3.Responsible staff member. A treatment director must designate a staff member 
117.21 	who, when present in the facility, is responsible for the delivery of treatment service. A 
117.22 	license holder must have a designated staff member during all hours of operation. A license 
117.23 	holder providing room and board and treatment at the same site must have a responsible 
117.24 	staff member on duty 24 hours a day. The designated staff member must know and understand 
117.25 	the implications of this chapter,and sections 245A.65, 626.556,626.557, and 626.5572, 
117.26 	and chapter 260A.

117.27 	Sec. 76. Minnesota Statutes 2018, section 245G.11, subdivision 3, is amended to read:
117.28 		Subd. 3.Treatment directors. A treatment director must:
117.29 	(1) have at least one year of work experience in direct service to an individual with 
117.30 	substance use disorder or one year of work experience in the management or administration 
117.31 	of direct service to an individual with substance use disorder;
118.1 	(2) have a baccalaureate degree or three years of work experience in administration or 
118.2 	personnel supervision in human services; and
118.3 	(3) know and understand the implications of this chapter, chapter 245A, and sections 
118.4 	626.556,626.557, and 626.5572, and chapters 245A and 260A. Demonstration of the 
118.5 	treatment director's knowledge must be documented in the personnel record.

118.6 	Sec. 77. Minnesota Statutes 2018, section 245G.11, subdivision 4, is amended to read:
118.7 		Subd. 4.Alcohol and drug counselor supervisors. An alcohol and drug counselor 
118.8 	supervisor must:
118.9 	(1) meet the qualification requirements in subdivision 5;
118.10 	(2) have three or more years of experience providing individual and group counseling 
118.11 	to individuals with substance use disorder; and
118.12 	(3) know and understand the implications of this chapter and, sections 245A.65, 626.556,
118.13 	626.557, and 626.5572, and chapter 260A.

118.14 	Sec. 78. Minnesota Statutes 2019 Supplement, section 245G.12, is amended to read:
118.15 	245G.12 PROVIDER POLICIES AND PROCEDURES.
118.16 	A license holder must develop a written policies and procedures manual, indexed 
118.17 	according to section 245A.04, subdivision 14, paragraph (c), that provides staff members 
118.18 	immediate access to all policies and procedures and provides a client and other authorized 
118.19 	parties access to all policies and procedures. The manual must contain the following 
118.20 	materials:
118.21 	(1) assessment and treatment planning policies, including screening for mental health 
118.22 	concerns and treatment objectives related to the client's identified mental health concerns 
118.23 	in the client's treatment plan;
118.24 	(2) policies and procedures regarding HIV according to section 245A.19;
118.25 	(3) the license holder's methods and resources to provide information on tuberculosis 
118.26 	and tuberculosis screening to each client and to report a known tuberculosis infection 
118.27 	according to section 144.4804;
118.28 	(4) personnel policies according to section 245G.13;
118.29 	(5) policies and procedures that protect a client's rights according to section 245G.15;
118.30 	(6) a medical services plan according to section 245G.08;
119.1 	(7) emergency procedures according to section 245G.16;
119.2 	(8) policies and procedures for maintaining client records according to section 245G.09;
119.3 	(9) procedures for reporting the maltreatment of minors according to section 626.556
119.4 	chapter 260A, and vulnerable adults according to sections 245A.65, 626.557, and 626.5572;
119.5 	(10) a description of treatment services that: (i) includes the amount and type of services 
119.6 	provided; (ii) identifies which services meet the definition of group counseling under section 
119.7 	245G.01, subdivision 13a; and (iii) defines the program's treatment week;
119.8 	(11) the methods used to achieve desired client outcomes;
119.9 	(12) the hours of operation; and
119.10 	(13) the target population served.

119.11 	Sec. 79. Minnesota Statutes 2019 Supplement, section 245G.13, subdivision 1, is amended 
119.12 	to read:
119.13 		Subdivision 1.Personnel policy requirements. A license holder must have written 
119.14 	personnel policies that are available to each staff member. The personnel policies must:
119.15 	(1) ensure that staff member retention, promotion, job assignment, or pay are not affected 
119.16 	by a good faith communication between a staff member and the department, the Department 
119.17 	of Health, the ombudsman for mental health and developmental disabilities, law enforcement, 
119.18 	or a local agency for the investigation of a complaint regarding a client's rights, health, or 
119.19 	safety;
119.20 	(2) contain a job description for each staff member position specifying responsibilities, 
119.21 	degree of authority to execute job responsibilities, and qualification requirements;
119.22 	(3) provide for a job performance evaluation based on standards of job performance 
119.23 	conducted on a regular and continuing basis, including a written annual review;
119.24 	(4) describe behavior that constitutes grounds for disciplinary action, suspension, or 
119.25 	dismissal, including policies that address staff member problematic substance use and the 
119.26 	requirements of section 245G.11, subdivision 1, policies prohibiting personal involvement 
119.27 	with a client in violation of chapter 604, and policies prohibiting client abuse described in 
119.28 	sections 245A.65, 626.556,626.557, and 626.5572, and chapter 260A;
119.29 	(5) identify how the program will identify whether behaviors or incidents are problematic 
119.30 	substance use, including a description of how the facility must address:
120.1 	(i) receiving treatment for substance use within the period specified for the position in 
120.2 	the staff qualification requirements, including medication-assisted treatment;
120.3 	(ii) substance use that negatively impacts the staff member's job performance;
120.4 	(iii) substance use that affects the credibility of treatment services with a client, referral 
120.5 	source, or other member of the community;
120.6 	(iv) symptoms of intoxication or withdrawal on the job; and
120.7 	(v) the circumstances under which an individual who participates in monitoring by the 
120.8 	health professional services program for a substance use or mental health disorder is able 
120.9 	to provide services to the program's clients;
120.10 	(6) include a chart or description of the organizational structure indicating lines of 
120.11 	authority and responsibilities;
120.12 	(7) include orientation within 24 working hours of starting for each new staff member 
120.13 	based on a written plan that, at a minimum, must provide training related to the staff member's 
120.14 	specific job responsibilities, policies and procedures, client confidentiality, HIV minimum 
120.15 	standards, and client needs; and
120.16 	(8) include policies outlining the license holder's response to a staff member with a 
120.17 	behavior problem that interferes with the provision of treatment service.

120.18 	Sec. 80. Minnesota Statutes 2018, section 245G.13, subdivision 2, is amended to read:
120.19 		Subd. 2.Staff development. (a) A license holder must ensure that each staff member 
120.20 	has the training described in this subdivision.
120.21 	(b) Each staff member must be trained every two years in:
120.22 	(1) client confidentiality rules and regulations and client ethical boundaries; and
120.23 	(2) emergency procedures and client rights as specified in sections 144.651, 148F.165, 
120.24 	and 253B.03.
120.25 	(c) Annually each staff member with direct contact must be trained on mandatory 
120.26 	reporting as specified in sections 245A.65, 626.556, 626.5561,626.557, and 626.5572, and 
120.27 	chapter 260A, including specific training covering the license holder's policies for obtaining 
120.28 	a release of client information.
120.29 	(d) Upon employment and annually thereafter, each staff member with direct contact 
120.30 	must receive training on HIV minimum standards according to section 245A.19.
121.1 	(e) A treatment director, supervisor, nurse, or counselor must have a minimum of 12 
121.2 	hours of training in co-occurring disorders that includes competencies related to philosophy, 
121.3 	trauma-informed care, screening, assessment, diagnosis and person-centered treatment 
121.4 	planning, documentation, programming, medication, collaboration, mental health 
121.5 	consultation, and discharge planning. A new staff member who has not obtained the training 
121.6 	must complete the training within six months of employment. A staff member may request, 
121.7 	and the license holder may grant, credit for relevant training obtained before employment, 
121.8 	which must be documented in the staff member's personnel file.

121.9 	Sec. 81. Minnesota Statutes 2019 Supplement, section 245H.11, is amended to read:
121.10 	245H.11 REPORTING.
121.11 	(a) The certification holder must comply and must have written policies for staff to 
121.12 	comply with the reporting requirements for abuse and neglect specified in section 626.556
121.13 	chapter 260A. A person mandated to report physical or sexual child abuse or neglect 
121.14 	occurring within a certified center shall report the information to the commissioner.
121.15 	(b) The certification holder must inform the commissioner within 24 hours of:
121.16 	(1) the death of a child in the program; and
121.17 	(2) any injury to a child in the program that required treatment by a physician.

121.18 	Sec. 82. Minnesota Statutes 2018, section 254A.09, is amended to read:
121.19 	254A.09 CONFIDENTIALITY OF RECORDS.
121.20 	The Department of Human Services shall assure confidentiality to individuals who are 
121.21 	the subject of research by the state authority or are recipients of substance misuse or substance 
121.22 	use disorder information, assessment, or treatment from a licensed or approved program. 
121.23 	The commissioner shall withhold from all persons not connected with the conduct of the 
121.24 	research the names or other identifying characteristics of a subject of research unless the 
121.25 	individual gives written permission that information relative to treatment and recovery may 
121.26 	be released. Persons authorized to protect the privacy of subjects of research may not be 
121.27 	compelled in any federal, state or local, civil, criminal, administrative or other proceeding 
121.28 	to identify or disclose other confidential information about the individuals. Identifying 
121.29 	information and other confidential information related to substance misuse or substance use 
121.30 	disorder information, assessment, treatment, or aftercare services may be ordered to be 
121.31 	released by the court for the purpose of civil or criminal investigations or proceedings if, 
121.32 	after review of the records considered for disclosure, the court determines that the information 
122.1 	is relevant to the purpose for which disclosure is requested. The court shall order disclosure 
122.2 	of only that information which is determined relevant. In determining whether to compel 
122.3 	disclosure, the court shall weigh the public interest and the need for disclosure against the 
122.4 	injury to the patient, to the treatment relationship in the program affected and in other 
122.5 	programs similarly situated, and the actual or potential harm to the ability of programs to 
122.6 	attract and retain patients if disclosure occurs. This section does not exempt any person 
122.7 	from the reporting obligations under section 626.556 chapter 260A, nor limit the use of 
122.8 	information reported in any proceeding arising out of the abuse or neglect of a child. 
122.9 	Identifying information and other confidential information related to substance misuse or 
122.10 	substance use disorder, assessment, treatment, or aftercare services may be ordered to be 
122.11 	released by the court for the purpose of civil or criminal investigations or proceedings. No 
122.12 	information may be released pursuant to this section that would not be released pursuant to 
122.13 	section 595.02, subdivision 2.

122.14 	Sec. 83. Minnesota Statutes 2019 Supplement, section 254B.04, subdivision 1, is amended 
122.15 	to read:
122.16 		Subdivision 1.Eligibility. (a) Persons eligible for benefits under Code of Federal 
122.17 	Regulations, title 25, part 20, who meet the income standards of section 256B.056, 
122.18 	subdivision 4, and are not enrolled in medical assistance, are entitled to chemical dependency 
122.19 	fund services. State money appropriated for this paragraph must be placed in a separate 
122.20 	account established for this purpose.
122.21 	(b) Persons with dependent children who are determined to be in need of chemical 
122.22 	dependency treatment pursuant to an assessment under section 626.556, subdivision 10
122.23 	260A.39, subdivision 1, or a case plan under section 260C.201, subdivision 6, or 260C.212, 
122.24 	shall be assisted by the local agency to access needed treatment services. Treatment services 
122.25 	must be appropriate for the individual or family, which may include long-term care treatment 
122.26 	or treatment in a facility that allows the dependent children to stay in the treatment facility. 
122.27 	The county shall pay for out-of-home placement costs, if applicable.
122.28 	(c) Notwithstanding paragraph (a), persons enrolled in medical assistance are eligible 
122.29 	for room and board services under section 254B.05, subdivision 5, paragraph (b), clause 
122.30 	(12).

122.31 	Sec. 84. Minnesota Statutes 2018, section 256.01, subdivision 12, is amended to read:
122.32 		Subd. 12.Child mortality review panel. (a) The commissioner shall establish a child 
122.33 	mortality review panel to review deaths of children in Minnesota, including deaths attributed 
123.1 	to maltreatment or in which maltreatment may be a contributing cause and to review near 
123.2 	fatalities as defined in section 626.556, subdivision 11d 260A.87. The commissioners of 
123.3 	health, education, and public safety and the attorney general shall each designate a 
123.4 	representative to the child mortality review panel. Other panel members shall be appointed 
123.5 	by the commissioner, including a board-certified pathologist and a physician who is a coroner 
123.6 	or a medical examiner. The purpose of the panel shall be to make recommendations to the 
123.7 	state and to county agencies for improving the child protection system, including 
123.8 	modifications in statute, rule, policy, and procedure.
123.9 	(b) The commissioner may require a county agency to establish a local child mortality 
123.10 	review panel. The commissioner may establish procedures for conducting local reviews 
123.11 	and may require that all professionals with knowledge of a child mortality case participate 
123.12 	in the local review. In this section, "professional" means a person licensed to perform or a 
123.13 	person performing a specific service in the child protective service system. "Professional" 
123.14 	includes law enforcement personnel, social service agency attorneys, educators, and social 
123.15 	service, health care, and mental health care providers.
123.16 	(c) If the commissioner of human services has reason to believe that a child's death was 
123.17 	caused by maltreatment or that maltreatment was a contributing cause, the commissioner 
123.18 	has access to not public data under chapter 13 maintained by state agencies, statewide 
123.19 	systems, or political subdivisions that are related to the child's death or circumstances 
123.20 	surrounding the care of the child. The commissioner shall also have access to records of 
123.21 	private hospitals as necessary to carry out the duties prescribed by this section. Access to 
123.22 	data under this paragraph is limited to police investigative data; autopsy records and coroner 
123.23 	or medical examiner investigative data; hospital, public health, or other medical records of 
123.24 	the child; hospital and other medical records of the child's parent that relate to prenatal care; 
123.25 	and records created by social service agencies that provided services to the child or family 
123.26 	within three years preceding the child's death. A state agency, statewide system, or political 
123.27 	subdivision shall provide the data upon request of the commissioner. Not public data may 
123.28 	be shared with members of the state or local child mortality review panel in connection with 
123.29 	an individual case.
123.30 	(d) Notwithstanding the data's classification in the possession of any other agency, data 
123.31 	acquired by a local or state child mortality review panel in the exercise of its duties is 
123.32 	protected nonpublic or confidential data as defined in section 13.02, but may be disclosed 
123.33 	as necessary to carry out the purposes of the review panel. The data is not subject to subpoena 
123.34 	or discovery. The commissioner may disclose conclusions of the review panel, but shall 
123.35 	not disclose data that was classified as confidential or private data on decedents, under 
124.1 	section 13.10, or private, confidential, or protected nonpublic data in the disseminating 
124.2 	agency, except that the commissioner may disclose local social service agency data as 
124.3 	provided in section 626.556, subdivision 11d, on individual cases involving a fatality or 
124.4 	near fatality of a person served by the local social service agency prior to the date of death.
124.5 	(e) A person attending a child mortality review panel meeting shall not disclose what 
124.6 	transpired at the meeting, except to carry out the purposes of the mortality review panel. 
124.7 	The proceedings and records of the mortality review panel are protected nonpublic data as 
124.8 	defined in section 13.02, subdivision 13, and are not subject to discovery or introduction 
124.9 	into evidence in a civil or criminal action against a professional, the state or a county agency, 
124.10 	arising out of the matters the panel is reviewing. Information, documents, and records 
124.11 	otherwise available from other sources are not immune from discovery or use in a civil or 
124.12 	criminal action solely because they were presented during proceedings of the review panel. 
124.13 	A person who presented information before the review panel or who is a member of the 
124.14 	panel shall not be prevented from testifying about matters within the person's knowledge. 
124.15 	However, in a civil or criminal proceeding a person shall not be questioned about the person's 
124.16 	presentation of information to the review panel or opinions formed by the person as a result 
124.17 	of the review meetings.

124.18 	Sec. 85. Minnesota Statutes 2019 Supplement, section 256.01, subdivision 14b, is amended 
124.19 	to read:
124.20 		Subd. 14b.American Indian child welfare projects. (a) The commissioner of human 
124.21 	services may authorize projects to initiate tribal delivery of child welfare services to American 
124.22 	Indian children and their parents and custodians living on the reservation. The commissioner 
124.23 	has authority to solicit and determine which tribes may participate in a project. Grants may 
124.24 	be issued to Minnesota Indian tribes to support the projects. The commissioner may waive 
124.25 	existing state rules as needed to accomplish the projects. The commissioner may authorize 
124.26 	projects to use alternative methods of (1) screening, investigating, and assessing reports of 
124.27 	child maltreatment, and (2) administrative reconsideration, administrative appeal, and 
124.28 	judicial appeal of maltreatment determinations, provided the alternative methods used by 
124.29 	the projects comply with the provisions of sections section256.045 and 626.556 chapter 
124.30 	260A that deal with the rights of individuals who are the subjects of reports or investigations, 
124.31 	including notice and appeal rights and data practices requirements. The commissioner shall 
124.32 	only authorize alternative methods that comply with the public policy under section 626.556, 
124.33 	subdivision 1. The commissioner may seek any federal approvals necessary to carry out the 
124.34 	projects as well as seek and use any funds available to the commissioner, including use of 
124.35 	federal funds, foundation funds, existing grant funds, and other funds. The commissioner 
125.1 	is authorized to advance state funds as necessary to operate the projects. Federal 
125.2 	reimbursement applicable to the projects is appropriated to the commissioner for the purposes 
125.3 	of the projects. The projects must be required to address responsibility for safety, permanency, 
125.4 	and well-being of children.
125.5 	(b) For the purposes of this section, "American Indian child" means a person under 21 
125.6 	years old and who is a tribal member or eligible for membership in one of the tribes chosen 
125.7 	for a project under this subdivision and who is residing on the reservation of that tribe.
125.8 	(c) In order to qualify for an American Indian child welfare project, a tribe must:
125.9 	(1) be one of the existing tribes with reservation land in Minnesota;
125.10 	(2) have a tribal court with jurisdiction over child custody proceedings;
125.11 	(3) have a substantial number of children for whom determinations of maltreatment have 
125.12 	occurred;
125.13 	(4)(i) have capacity to respond to reports of abuse and neglect under section 626.556
125.14 	chapter 260A; or (ii) have codified the tribe's screening, investigation, and assessment of 
125.15 	reports of child maltreatment procedures, if authorized to use an alternative method by the 
125.16 	commissioner under paragraph (a);
125.17 	(5) provide a wide range of services to families in need of child welfare services; and
125.18 	(6) have a tribal-state title IV-E agreement in effect.
125.19 	(d) Grants awarded under this section may be used for the nonfederal costs of providing 
125.20 	child welfare services to American Indian children on the tribe's reservation, including costs 
125.21 	associated with:
125.22 	(1) assessment and prevention of child abuse and neglect;
125.23 	(2) family preservation;
125.24 	(3) facilitative, supportive, and reunification services;
125.25 	(4) out-of-home placement for children removed from the home for child protective 
125.26 	purposes; and
125.27 	(5) other activities and services approved by the commissioner that further the goals of 
125.28 	providing safety, permanency, and well-being of American Indian children.
125.29 	(e) When a tribe has initiated a project and has been approved by the commissioner to 
125.30 	assume child welfare responsibilities for American Indian children of that tribe under this 
125.31 	section, the affected county social service agency is relieved of responsibility for responding 
126.1 	to reports of abuse and neglect under section 626.556 chapter 260A for those children during 
126.2 	the time within which the tribal project is in effect and funded. The commissioner shall 
126.3 	work with tribes and affected counties to develop procedures for data collection, evaluation, 
126.4 	and clarification of ongoing role and financial responsibilities of the county and tribe for 
126.5 	child welfare services prior to initiation of the project. Children who have not been identified 
126.6 	by the tribe as participating in the project shall remain the responsibility of the county. 
126.7 	Nothing in this section shall alter responsibilities of the county for law enforcement or court 
126.8 	services.
126.9 	(f) Participating tribes may conduct children's mental health screenings under section 
126.10 	245.4874, subdivision 1, paragraph (a), clause (12), for children who are eligible for the 
126.11 	initiative and living on the reservation and who meet one of the following criteria:
126.12 	(1) the child must be receiving child protective services;
126.13 	(2) the child must be in foster care; or
126.14 	(3) the child's parents must have had parental rights suspended or terminated.
126.15 	Tribes may access reimbursement from available state funds for conducting the screenings. 
126.16 	Nothing in this section shall alter responsibilities of the county for providing services under 
126.17 	section 245.487.
126.18 	(g) Participating tribes may establish a local child mortality review panel. In establishing 
126.19 	a local child mortality review panel, the tribe agrees to conduct local child mortality reviews 
126.20 	for child deaths or near-fatalities occurring on the reservation under subdivision 12. Tribes 
126.21 	with established child mortality review panels shall have access to nonpublic data and shall 
126.22 	protect nonpublic data under subdivision 12, paragraphs (c) to (e). The tribe shall provide 
126.23 	written notice to the commissioner and affected counties when a local child mortality review 
126.24 	panel has been established and shall provide data upon request of the commissioner for 
126.25 	purposes of sharing nonpublic data with members of the state child mortality review panel 
126.26 	in connection to an individual case.
126.27 	(h) The commissioner shall collect information on outcomes relating to child safety, 
126.28 	permanency, and well-being of American Indian children who are served in the projects. 
126.29 	Participating tribes must provide information to the state in a format and completeness 
126.30 	deemed acceptable by the state to meet state and federal reporting requirements.
126.31 	(i) In consultation with the White Earth Band, the commissioner shall develop and submit 
126.32 	to the chairs and ranking minority members of the legislative committees with jurisdiction 
126.33 	over health and human services a plan to transfer legal responsibility for providing child 
127.1 	protective services to White Earth Band member children residing in Hennepin County to 
127.2 	the White Earth Band. The plan shall include a financing proposal, definitions of key terms, 
127.3 	statutory amendments required, and other provisions required to implement the plan. The 
127.4 	commissioner shall submit the plan by January 15, 2012.

127.5 	Sec. 86. Minnesota Statutes 2018, section 256.01, subdivision 15, is amended to read:
127.6 		Subd. 15.Citizen review panels. (a) The commissioner shall establish a minimum of 
127.7 	three citizen review panels to examine the policies and procedures of state and local welfare 
127.8 	agencies to evaluate the extent to which the agencies are effectively discharging their child 
127.9 	protection responsibilities. Local social service agencies shall cooperate and work with the 
127.10 	citizen review panels. Where appropriate, the panels may examine specific cases to evaluate 
127.11 	the effectiveness of child protection activities. The panels must examine the extent to which 
127.12 	the state and local agencies are meeting the requirements of the federal Child Abuse 
127.13 	Prevention and Treatment Act and the Reporting of Maltreatment of Minors Act. The 
127.14 	commissioner may authorize mortality review panels or child protection teams to carry out 
127.15 	the duties of a citizen review panel if membership meets or is expanded to meet the 
127.16 	requirements of this section.
127.17 	(b) The panel membership must include volunteers who broadly represent the community 
127.18 	in which the panel is established, including members who have expertise in the prevention 
127.19 	and treatment of child abuse and neglect, child protection advocates, and representatives of 
127.20 	the councils of color and ombudsperson for families.
127.21 	(c) A citizen review panel has access to the following data for specific case review under 
127.22 	this paragraph: police investigative data; autopsy records and coroner or medical examiner 
127.23 	investigative data; hospital, public health, or other medical records of the child; hospital 
127.24 	and other medical records of the child's parent that relate to prenatal care; records created 
127.25 	by social service agencies that provided services to the child or family; and personnel data 
127.26 	related to an employee's performance in discharging child protection responsibilities. A 
127.27 	state agency, statewide system, or political subdivision shall provide the data upon request 
127.28 	of the commissioner. Not public data may be shared with members of the state or local 
127.29 	citizen review panel in connection with an individual case.
127.30 	(d) Notwithstanding the data's classification in the possession of any other agency, data 
127.31 	acquired by a local or state citizen review panel in the exercise of its duties are protected 
127.32 	nonpublic or confidential data as defined in section 13.02, but may be disclosed as necessary 
127.33 	to carry out the purposes of the review panel. The data are not subject to subpoena or 
127.34 	discovery. The commissioner may disclose conclusions of the review panel, but may not 
128.1 	disclose data on individuals that were classified as confidential or private data on individuals 
128.2 	in the possession of the state agency, statewide system, or political subdivision from which 
128.3 	the data were received, except that the commissioner may disclose local social service 
128.4 	agency data as provided in section 626.556, subdivision 11d 260A.87, on individual cases 
128.5 	involving a fatality or near fatality of a person served by the local social service agency 
128.6 	prior to the date of death.
128.7 	(e) A person attending a citizen review panel meeting may not disclose what transpired 
128.8 	at the meeting, except to carry out the purposes of the review panel. The proceedings and 
128.9 	records of the review panel are protected nonpublic data as defined in section 13.02, 
128.10 	subdivision 13, and are not subject to discovery or introduction into evidence in a civil or 
128.11 	criminal action against a professional, the state, or county agency arising out of the matters 
128.12 	the panel is reviewing. Information, documents, and records otherwise available from other 
128.13 	sources are not immune from discovery or use in a civil or criminal action solely because 
128.14 	they were presented during proceedings of the review panel. A person who presented 
128.15 	information before the review panel or who is a member of the panel is not prevented from 
128.16 	testifying about matters within the person's knowledge. However, in a civil or criminal 
128.17 	proceeding, a person must not be questioned about the person's presentation of information 
128.18 	to the review panel or opinions formed by the person as a result of the review panel meetings.

128.19 	Sec. 87. Minnesota Statutes 2018, section 256.045, subdivision 3, is amended to read:
128.20 		Subd. 3.State agency hearings. (a) State agency hearings are available for the following:
128.21 	(1) any person applying for, receiving or having received public assistance, medical 
128.22 	care, or a program of social services granted by the state agency or a county agency or the 
128.23 	federal Food Stamp Act whose application for assistance is denied, not acted upon with 
128.24 	reasonable promptness, or whose assistance is suspended, reduced, terminated, or claimed 
128.25 	to have been incorrectly paid;
128.26 	(2) any patient or relative aggrieved by an order of the commissioner under section 
128.27 	252.27;
128.28 	(3) a party aggrieved by a ruling of a prepaid health plan;
128.29 	(4) except as provided under chapter 245C, any individual or facility determined by a 
128.30 	lead investigative agency to have maltreated a vulnerable adult under section 626.557 after 
128.31 	they have exercised their right to administrative reconsideration under section 626.557;
129.1 	(5) any person whose claim for foster care payment according to a placement of the 
129.2 	child resulting from a child protection assessment under section 626.556 chapter 260A is 
129.3 	denied or not acted upon with reasonable promptness, regardless of funding source;
129.4 	(6) any person to whom a right of appeal according to this section is given by other 
129.5 	provision of law;
129.6 	(7) an applicant aggrieved by an adverse decision to an application for a hardship waiver 
129.7 	under section 256B.15;
129.8 	(8) an applicant aggrieved by an adverse decision to an application or redetermination 
129.9 	for a Medicare Part D prescription drug subsidy under section 256B.04, subdivision 4a;
129.10 	(9) except as provided under chapter 245A, an individual or facility determined to have 
129.11 	maltreated a minor under section 626.556 chapter 260A, after the individual or facility has 
129.12 	exercised the right to administrative reconsideration under section 626.556 chapter 260A;
129.13 	(10) except as provided under chapter 245C, an individual disqualified under sections 
129.14 	245C.14 and 245C.15, following a reconsideration decision issued under section 245C.23, 
129.15 	on the basis of serious or recurring maltreatment; a preponderance of the evidence that the 
129.16 	individual has committed an act or acts that meet the definition of any of the crimes listed 
129.17 	in section 245C.15, subdivisions 1 to 4; or for failing to make reports required under section 
129.18 	626.556, subdivision 3, 260A.23, subdivision 1, or 626.557, subdivision 3. Hearings 
129.19 	regarding a maltreatment determination under clause (4) or (9) and a disqualification under 
129.20 	this clause in which the basis for a disqualification is serious or recurring maltreatment, 
129.21 	shall be consolidated into a single fair hearing. In such cases, the scope of review by the 
129.22 	human services judge shall include both the maltreatment determination and the 
129.23 	disqualification. The failure to exercise the right to an administrative reconsideration shall 
129.24 	not be a bar to a hearing under this section if federal law provides an individual the right to 
129.25 	a hearing to dispute a finding of maltreatment;
129.26 	(11) any person with an outstanding debt resulting from receipt of public assistance, 
129.27 	medical care, or the federal Food Stamp Act who is contesting a setoff claim by the 
129.28 	Department of Human Services or a county agency. The scope of the appeal is the validity 
129.29 	of the claimant agency's intention to request a setoff of a refund under chapter 270A against 
129.30 	the debt;
129.31 	(12) a person issued a notice of service termination under section 245D.10, subdivision 
129.32 	3a, from residential supports and services as defined in section 245D.03, subdivision 1, 
129.33 	paragraph (c), clause (3), that is not otherwise subject to appeal under subdivision 4a;
130.1 	(13) an individual disability waiver recipient based on a denial of a request for a rate 
130.2 	exception under section 256B.4914; or
130.3 	(14) a person issued a notice of service termination under section 245A.11, subdivision 
130.4 	11, that is not otherwise subject to appeal under subdivision 4a.
130.5 	(b) The hearing for an individual or facility under paragraph (a), clause (4), (9), or (10), 
130.6 	is the only administrative appeal to the final agency determination specifically, including 
130.7 	a challenge to the accuracy and completeness of data under section 13.04. Hearings requested 
130.8 	under paragraph (a), clause (4), apply only to incidents of maltreatment that occur on or 
130.9 	after October 1, 1995. Hearings requested by nursing assistants in nursing homes alleged 
130.10 	to have maltreated a resident prior to October 1, 1995, shall be held as a contested case 
130.11 	proceeding under the provisions of chapter 14. Hearings requested under paragraph (a), 
130.12 	clause (9), apply only to incidents of maltreatment that occur on or after July 1, 1997. A 
130.13 	hearing for an individual or facility under paragraph (a), clauses (4), (9), and (10), is only 
130.14 	available when there is no district court action pending. If such action is filed in district 
130.15 	court while an administrative review is pending that arises out of some or all of the events 
130.16 	or circumstances on which the appeal is based, the administrative review must be suspended 
130.17 	until the judicial actions are completed. If the district court proceedings are completed, 
130.18 	dismissed, or overturned, the matter may be considered in an administrative hearing.
130.19 	(c) For purposes of this section, bargaining unit grievance procedures are not an 
130.20 	administrative appeal.
130.21 	(d) The scope of hearings involving claims to foster care payments under paragraph (a), 
130.22 	clause (5), shall be limited to the issue of whether the county is legally responsible for a 
130.23 	child's placement under court order or voluntary placement agreement and, if so, the correct 
130.24 	amount of foster care payment to be made on the child's behalf and shall not include review 
130.25 	of the propriety of the county's child protection determination or child placement decision.
130.26 	(e) The scope of hearings under paragraph (a), clauses (12) and (14), shall be limited to 
130.27 	whether the proposed termination of services is authorized under section 245D.10, 
130.28 	subdivision 3a, paragraph (b), or 245A.11, subdivision 11, and whether the requirements 
130.29 	of section 245D.10, subdivision 3a, paragraphs (c) to (e), or 245A.11, subdivision 2a, 
130.30 	paragraphs (d) to (f), were met. If the appeal includes a request for a temporary stay of 
130.31 	termination of services, the scope of the hearing shall also include whether the case 
130.32 	management provider has finalized arrangements for a residential facility, a program, or 
130.33 	services that will meet the assessed needs of the recipient by the effective date of the service 
130.34 	termination.
131.1 	(f) A vendor of medical care as defined in section 256B.02, subdivision 7, or a vendor 
131.2 	under contract with a county agency to provide social services is not a party and may not 
131.3 	request a hearing under this section, except if assisting a recipient as provided in subdivision 
131.4 	4.
131.5 	(g) An applicant or recipient is not entitled to receive social services beyond the services 
131.6 	prescribed under chapter 256M or other social services the person is eligible for under state 
131.7 	law.
131.8 	(h) The commissioner may summarily affirm the county or state agency's proposed 
131.9 	action without a hearing when the sole issue is an automatic change due to a change in state 
131.10 	or federal law.
131.11 	(i) Unless federal or Minnesota law specifies a different time frame in which to file an 
131.12 	appeal, an individual or organization specified in this section may contest the specified 
131.13 	action, decision, or final disposition before the state agency by submitting a written request 
131.14 	for a hearing to the state agency within 30 days after receiving written notice of the action, 
131.15 	decision, or final disposition, or within 90 days of such written notice if the applicant, 
131.16 	recipient, patient, or relative shows good cause, as defined in section 256.0451, subdivision 
131.17 	13, why the request was not submitted within the 30-day time limit. The individual filing 
131.18 	the appeal has the burden of proving good cause by a preponderance of the evidence.

131.19 	Sec. 88. Minnesota Statutes 2018, section 256.045, subdivision 3b, is amended to read:
131.20 		Subd. 3b.Standard of evidence for maltreatment and disqualification hearings. (a) 
131.21 	The state human services judge shall determine that maltreatment has occurred if a 
131.22 	preponderance of evidence exists to support the final disposition under sections 626.556
131.23 	and section626.557 and chapter 260A. For purposes of hearings regarding disqualification, 
131.24 	the state human services judge shall affirm the proposed disqualification in an appeal under 
131.25 	subdivision 3, paragraph (a), clause (10), if a preponderance of the evidence shows the 
131.26 	individual has:
131.27 	(1) committed maltreatment under section 626.556 or626.557 or chapter 260A, which 
131.28 	is serious or recurring;
131.29 	(2) committed an act or acts meeting the definition of any of the crimes listed in section 
131.30 	245C.15, subdivisions 1 to 4; or
131.31 	(3) failed to make required reports under section 626.556 or626.557 or chapter 260A, 
131.32 	for incidents in which the final disposition under section 626.556 or626.557or chapter 
131.33 	260A was substantiated maltreatment that was serious or recurring.
132.1 	(b) If the disqualification is affirmed, the state human services judge shall determine 
132.2 	whether the individual poses a risk of harm in accordance with the requirements of section 
132.3 	245C.22, and whether the disqualification should be set aside or not set aside. In determining 
132.4 	whether the disqualification should be set aside, the human services judge shall consider 
132.5 	all of the characteristics that cause the individual to be disqualified, including those 
132.6 	characteristics that were not subject to review under paragraph (a), in order to determine 
132.7 	whether the individual poses a risk of harm. A decision to set aside a disqualification that 
132.8 	is the subject of the hearing constitutes a determination that the individual does not pose a 
132.9 	risk of harm and that the individual may provide direct contact services in the individual 
132.10 	program specified in the set aside.
132.11 	(c) If a disqualification is based solely on a conviction or is conclusive for any reason 
132.12 	under section 245C.29, the disqualified individual does not have a right to a hearing under 
132.13 	this section.
132.14 	(d) The state human services judge shall recommend an order to the commissioner of 
132.15 	health, education, or human services, as applicable, who shall issue a final order. The 
132.16 	commissioner shall affirm, reverse, or modify the final disposition. Any order of the 
132.17 	commissioner issued in accordance with this subdivision is conclusive upon the parties 
132.18 	unless appeal is taken in the manner provided in subdivision 7. In any licensing appeal under 
132.19 	chapters 245A and 245C and sections 144.50 to 144.58 and 144A.02 to 144A.482, the 
132.20 	commissioner's determination as to maltreatment is conclusive, as provided under section 
132.21 	245C.29.

132.22 	Sec. 89. Minnesota Statutes 2018, section 256.045, subdivision 4, is amended to read:
132.23 		Subd. 4.Conduct of hearings. (a) All hearings held pursuant to subdivision 3, 3a, 3b, 
132.24 	or 4a shall be conducted according to the provisions of the federal Social Security Act and 
132.25 	the regulations implemented in accordance with that act to enable this state to qualify for 
132.26 	federal grants-in-aid, and according to the rules and written policies of the commissioner 
132.27 	of human services. County agencies shall install equipment necessary to conduct telephone 
132.28 	hearings. A state human services judge may schedule a telephone conference hearing when 
132.29 	the distance or time required to travel to the county agency offices will cause a delay in the 
132.30 	issuance of an order, or to promote efficiency, or at the mutual request of the parties. Hearings 
132.31 	may be conducted by telephone conferences unless the applicant, recipient, former recipient, 
132.32 	person, or facility contesting maltreatment objects. A human services judge may grant a 
132.33 	request for a hearing in person by holding the hearing by interactive video technology or 
132.34 	in person. The human services judge must hear the case in person if the person asserts that 
133.1 	either the person or a witness has a physical or mental disability that would impair the 
133.2 	person's or witness's ability to fully participate in a hearing held by interactive video 
133.3 	technology. The hearing shall not be held earlier than five days after filing of the required 
133.4 	notice with the county or state agency. The state human services judge shall notify all 
133.5 	interested persons of the time, date, and location of the hearing at least five days before the 
133.6 	date of the hearing. Interested persons may be represented by legal counsel or other 
133.7 	representative of their choice, including a provider of therapy services, at the hearing and 
133.8 	may appear personally, testify and offer evidence, and examine and cross-examine witnesses. 
133.9 	The applicant, recipient, former recipient, person, or facility contesting maltreatment shall 
133.10 	have the opportunity to examine the contents of the case file and all documents and records 
133.11 	to be used by the county or state agency at the hearing at a reasonable time before the date 
133.12 	of the hearing and during the hearing. In hearings under subdivision 3, paragraph (a), clauses 
133.13 	(4), (9), and (10), either party may subpoena the private data relating to the investigation 
133.14 	prepared by the agency under section 626.556 or626.557or chapter 260A that is not 
133.15 	otherwise accessible under section 13.04, provided the identity of the reporter may not be 
133.16 	disclosed.
133.17 	(b) The private data obtained by subpoena in a hearing under subdivision 3, paragraph 
133.18 	(a), clause (4), (9), or (10), must be subject to a protective order which prohibits its disclosure 
133.19 	for any other purpose outside the hearing provided for in this section without prior order of 
133.20 	the district court. Disclosure without court order is punishable by a sentence of not more 
133.21 	than 90 days imprisonment or a fine of not more than $1,000, or both. These restrictions on 
133.22 	the use of private data do not prohibit access to the data under section 13.03, subdivision 
133.23 	6. Except for appeals under subdivision 3, paragraph (a), clauses (4), (5), (9), and (10), upon 
133.24 	request, the county agency shall provide reimbursement for transportation, child care, 
133.25 	photocopying, medical assessment, witness fee, and other necessary and reasonable costs 
133.26 	incurred by the applicant, recipient, or former recipient in connection with the appeal. All 
133.27 	evidence, except that privileged by law, commonly accepted by reasonable people in the 
133.28 	conduct of their affairs as having probative value with respect to the issues shall be submitted 
133.29 	at the hearing and such hearing shall not be "a contested case" within the meaning of section 
133.30 	14.02, subdivision 3. The agency must present its evidence prior to or at the hearing, and 
133.31 	may not submit evidence after the hearing except by agreement of the parties at the hearing, 
133.32 	provided the petitioner has the opportunity to respond.
133.33 	(c) In hearings under subdivision 3, paragraph (a), clauses (4), (9), and (10), involving 
133.34 	determinations of maltreatment or disqualification made by more than one county agency, 
133.35 	by a county agency and a state agency, or by more than one state agency, the hearings may 
134.1 	be consolidated into a single fair hearing upon the consent of all parties and the state human 
134.2 	services judge.
134.3 	(d) For hearings under subdivision 3, paragraph (a), clause (4) or (10), involving a 
134.4 	vulnerable adult, the human services judge shall notify the vulnerable adult who is the 
134.5 	subject of the maltreatment determination and, if known, a guardian of the vulnerable adult 
134.6 	appointed under section 524.5-310, or a health care agent designated by the vulnerable adult 
134.7 	in a health care directive that is currently effective under section 145C.06 and whose authority 
134.8 	to make health care decisions is not suspended under section 524.5-310, of the hearing. The 
134.9 	notice must be sent by certified mail and inform the vulnerable adult of the right to file a 
134.10 	signed written statement in the proceedings. A guardian or health care agent who prepares 
134.11 	or files a written statement for the vulnerable adult must indicate in the statement that the 
134.12 	person is the vulnerable adult's guardian or health care agent and sign the statement in that 
134.13 	capacity. The vulnerable adult, the guardian, or the health care agent may file a written 
134.14 	statement with the human services judge hearing the case no later than five business days 
134.15 	before commencement of the hearing. The human services judge shall include the written 
134.16 	statement in the hearing record and consider the statement in deciding the appeal. This 
134.17 	subdivision does not limit, prevent, or excuse the vulnerable adult from being called as a 
134.18 	witness testifying at the hearing or grant the vulnerable adult, the guardian, or health care 
134.19 	agent a right to participate in the proceedings or appeal the human services judge's decision 
134.20 	in the case. The lead investigative agency must consider including the vulnerable adult 
134.21 	victim of maltreatment as a witness in the hearing. If the lead investigative agency determines 
134.22 	that participation in the hearing would endanger the well-being of the vulnerable adult or 
134.23 	not be in the best interests of the vulnerable adult, the lead investigative agency shall inform 
134.24 	the human services judge of the basis for this determination, which must be included in the 
134.25 	final order. If the human services judge is not reasonably able to determine the address of 
134.26 	the vulnerable adult, the guardian, or the health care agent, the human services judge is not 
134.27 	required to send a hearing notice under this subdivision.

134.28 	Sec. 90. Minnesota Statutes 2018, section 256B.0621, subdivision 4, is amended to read:
134.29 		Subd. 4.Relocation targeted county case management provider qualifications. (a) 
134.30 	A relocation targeted county case management provider is an enrolled medical assistance 
134.31 	provider who is determined by the commissioner to have all of the following characteristics:
134.32 	(1) the legal authority to provide public welfare under sections 393.01, subdivision 7; 
134.33 	and 393.07; or a federally recognized Indian tribe;
135.1 	(2) the demonstrated capacity and experience to provide the components of case 
135.2 	management to coordinate and link community resources needed by the eligible population;
135.3 	(3) the administrative capacity and experience to serve the target population for whom 
135.4 	it will provide services and ensure quality of services under state and federal requirements;
135.5 	(4) the legal authority to provide complete investigative and protective services under 
135.6 	section 626.556, subdivision 10 260A.33; and child welfare and foster care services under 
135.7 	section 393.07, subdivisions 1 and 2; or a federally recognized Indian tribe;
135.8 	(5) a financial management system that provides accurate documentation of services 
135.9 	and costs under state and federal requirements; and
135.10 	(6) the capacity to document and maintain individual case records under state and federal 
135.11 	requirements.
135.12 	(b) A provider of targeted case management under section 256B.0625, subdivision 20, 
135.13 	may be deemed a certified provider of relocation targeted case management.
135.14 	(c) A relocation targeted county case management provider may subcontract with another 
135.15 	provider to deliver relocation targeted case management services. Subcontracted providers 
135.16 	must demonstrate the ability to provide the services outlined in subdivision 6, and have a 
135.17 	procedure in place that notifies the recipient and the recipient's legal representative of any 
135.18 	conflict of interest if the contracted targeted case management provider also provides, or 
135.19 	will provide, the recipient's services and supports. Counties must require that contracted 
135.20 	providers must provide information on all conflicts of interest and obtain the recipient's 
135.21 	informed consent or provide the recipient with alternatives.

135.22 	Sec. 91. Minnesota Statutes 2018, section 256B.0625, subdivision 33, is amended to read:
135.23 		Subd. 33.Child welfare targeted case management. Medical assistance, subject to 
135.24 	federal approval, covers child welfare targeted case management services as defined in 
135.25 	section 256B.094 to children under age 21 who have been assessed and determined in 
135.26 	accordance with section 256F.10 to be:
135.27 	(1) at risk of placement or in placement as defined in section 260C.212, subdivision 1;
135.28 	(2) at risk of maltreatment or experiencing maltreatment as defined in section 626.556, 
135.29 	subdivision 10e 260A.20, subdivision 12; or
135.30 	(3) in need of protection or services as defined in section 260C.007, subdivision 6.

136.1 	Sec. 92. Minnesota Statutes 2018, section 256B.0945, subdivision 1, is amended to read:
136.2 		Subdivision 1.Residential services; provider qualifications. (a) Counties must arrange 
136.3 	to provide residential services for children with severe emotional disturbance according to 
136.4 	sections 245.4882, 245.4885, and this section.
136.5 	(b) Services must be provided by a facility that is licensed according to section 245.4882
136.6 	and administrative rules promulgated thereunder, and under contract with the county.
136.7 	(c) Eligible service costs may be claimed for a facility that is located in a state that 
136.8 	borders Minnesota if:
136.9 	(1) the facility is the closest facility to the child's home, providing the appropriate level 
136.10 	of care; and
136.11 	(2) the commissioner of human services has completed an inspection of the out-of-state 
136.12 	program according to the interagency agreement with the commissioner of corrections under 
136.13 	section 260B.198, subdivision 11, paragraph (b), and the program has been certified by the 
136.14 	commissioner of corrections under section 260B.198, subdivision 11, paragraph (a), to 
136.15 	substantially meet the standards applicable to children's residential mental health treatment 
136.16 	programs under Minnesota Rules, chapter 2960. Nothing in this section requires the 
136.17 	commissioner of human services to enforce the background study requirements under chapter 
136.18 	245C or the requirements related to prevention and investigation of alleged maltreatment 
136.19 	under section 626.556 or626.557 or chapter 260A. Complaints received by the commissioner 
136.20 	of human services must be referred to the out-of-state licensing authority for possible 
136.21 	follow-up.
136.22 	(d) Notwithstanding paragraph (b), eligible service costs may be claimed for an 
136.23 	out-of-state inpatient treatment facility if:
136.24 	(1) the facility specializes in providing mental health services to children who are deaf, 
136.25 	deafblind, or hard-of-hearing and who use American Sign Language as their first language;
136.26 	(2) the facility is licensed by the state in which it is located; and
136.27 	(3) the state in which the facility is located is a member state of the Interstate Compact 
136.28 	on Mental Health.

136.29 	Sec. 93. Minnesota Statutes 2018, section 256B.0949, subdivision 16, is amended to read:
136.30 		Subd. 16.Agency duties. (a) An agency delivering an EIDBI service under this section 
136.31 	must:
137.1 	(1) enroll as a medical assistance Minnesota health care program provider according to 
137.2 	Minnesota Rules, part 9505.0195, and section 256B.04, subdivision 21, and meet all 
137.3 	applicable provider standards and requirements;
137.4 	(2) demonstrate compliance with federal and state laws for EIDBI service;
137.5 	(3) verify and maintain records of a service provided to the person or the person's legal 
137.6 	representative as required under Minnesota Rules, parts 9505.2175 and 9505.2197;
137.7 	(4) demonstrate that while enrolled or seeking enrollment as a Minnesota health care 
137.8 	program provider the agency did not have a lead agency contract or provider agreement 
137.9 	discontinued because of a conviction of fraud; or did not have an owner, board member, or 
137.10 	manager fail a state or federal criminal background check or appear on the list of excluded 
137.11 	individuals or entities maintained by the federal Department of Human Services Office of 
137.12 	Inspector General;
137.13 	(5) have established business practices including written policies and procedures, internal 
137.14 	controls, and a system that demonstrates the organization's ability to deliver quality EIDBI 
137.15 	services;
137.16 	(6) have an office located in Minnesota;
137.17 	(7) conduct a criminal background check on an individual who has direct contact with 
137.18 	the person or the person's legal representative;
137.19 	(8) report maltreatment according to sections 626.556 and section626.557 and chapter 
137.20 	260A;
137.21 	(9) comply with any data requests consistent with the Minnesota Government Data 
137.22 	Practices Act, sections 256B.064 and 256B.27;
137.23 	(10) provide training for all agency staff on the requirements and responsibilities listed 
137.24 	in the Maltreatment of Minors Act, section 626.556 chapter 260A, and the Vulnerable Adult 
137.25 	Protection Act, section 626.557, including mandated and voluntary reporting, nonretaliation, 
137.26 	and the agency's policy for all staff on how to report suspected abuse and neglect;
137.27 	(11) have a written policy to resolve issues collaboratively with the person and the 
137.28 	person's legal representative when possible. The policy must include a timeline for when 
137.29 	the person and the person's legal representative will be notified about issues that arise in 
137.30 	the provision of services;
137.31 	(12) provide the person's legal representative with prompt notification if the person is 
137.32 	injured while being served by the agency. An incident report must be completed by the 
138.1 	agency staff member in charge of the person. A copy of all incident and injury reports must 
138.2 	remain on file at the agency for at least five years from the report of the incident; and
138.3 	(13) before starting a service, provide the person or the person's legal representative a 
138.4 	description of the treatment modality that the person shall receive, including the staffing 
138.5 	certification levels and training of the staff who shall provide a treatment.
138.6 	(b) When delivering the ITP, and annually thereafter, an agency must provide the person 
138.7 	or the person's legal representative with:
138.8 	(1) a written copy and a verbal explanation of the person's or person's legal 
138.9 	representative's rights and the agency's responsibilities;
138.10 	(2) documentation in the person's file the date that the person or the person's legal 
138.11 	representative received a copy and explanation of the person's or person's legal 
138.12 	representative's rights and the agency's responsibilities; and
138.13 	(3) reasonable accommodations to provide the information in another format or language 
138.14 	as needed to facilitate understanding of the person's or person's legal representative's rights 
138.15 	and the agency's responsibilities.

138.16 	Sec. 94. Minnesota Statutes 2018, section 256B.0951, subdivision 5, is amended to read:
138.17 		Subd. 5.Variance of certain standards prohibited. The safety standards, rights, or 
138.18 	procedural protections under chapter 245C and sections 245.825; 245.91 to 245.97; 245A.09, 
138.19 	subdivision 2, paragraph (c), clauses (2) and (5); 245A.12; 245A.13; 252.41, subdivision 
138.20 	9; 256B.092, subdivisions 1b, clause (7), and 10; 626.556; and626.557; and chapters 245C 
138.21 	and 260A, and procedures for the monitoring of psychotropic medications shall not be varied 
138.22 	under the alternative quality assurance licensing system. The commission may make 
138.23 	recommendations to the commissioners of human services and health or to the legislature 
138.24 	regarding alternatives to or modifications of the rules and procedures referenced in this 
138.25 	subdivision.

138.26 	Sec. 95. Minnesota Statutes 2018, section 256B.0954, is amended to read:
138.27 	256B.0954 CERTAIN PERSONS DEFINED AS MANDATED REPORTERS.
138.28 	Members of the Quality Assurance Commission established under section 256B.0951, 
138.29 	members of quality assurance review councils established under section 256B.0952, quality 
138.30 	assurance managers appointed under section 256B.0952, and members of quality assurance 
138.31 	teams established under section 256B.0952 are mandated reporters as that term is defined 
138.32 	in sections 626.556, subdivision 3 260A.23, subdivision 1, and 626.5572, subdivision 16.

139.1 	Sec. 96. Minnesota Statutes 2018, section 256B.097, subdivision 4, is amended to read:
139.2 		Subd. 4.Regional quality councils. (a) The commissioner shall establish, as selected 
139.3 	by the State Quality Council, regional quality councils of key stakeholders, including regional 
139.4 	representatives of:
139.5 	(1) disability service recipients and their family members;
139.6 	(2) disability service providers;
139.7 	(3) disability advocacy groups; and
139.8 	(4) county human services agencies and staff from the Department of Human Services 
139.9 	and Ombudsman for Mental Health and Developmental Disabilities.
139.10 	(b) Each regional quality council shall:
139.11 	(1) direct and monitor the community-based, person-directed quality assurance system 
139.12 	in this section;
139.13 	(2) approve a training program for quality assurance team members under clause (13);
139.14 	(3) review summary reports from quality assurance team reviews and make 
139.15 	recommendations to the State Quality Council regarding program licensure;
139.16 	(4) make recommendations to the State Quality Council regarding the system;
139.17 	(5) resolve complaints between the quality assurance teams, counties, providers, persons 
139.18 	receiving services, their families, and legal representatives;
139.19 	(6) analyze and review quality outcomes and critical incident data reporting incidents 
139.20 	of life safety concerns immediately to the Department of Human Services licensing division;
139.21 	(7) provide information and training programs for persons with disabilities and their 
139.22 	families and legal representatives on service options and quality expectations;
139.23 	(8) disseminate information and resources developed to other regional quality councils;
139.24 	(9) respond to state-level priorities;
139.25 	(10) establish regional priorities for quality improvement;
139.26 	(11) submit an annual report to the State Quality Council on the status, outcomes, 
139.27 	improvement priorities, and activities in the region;
139.28 	(12) choose a representative to participate on the State Quality Council and assume other 
139.29 	responsibilities consistent with the priorities of the State Quality Council; and
140.1 	(13) recruit, train, and assign duties to members of quality assurance teams, taking into 
140.2 	account the size of the service provider, the number of services to be reviewed, the skills 
140.3 	necessary for the team members to complete the process, and ensure that no team member 
140.4 	has a financial, personal, or family relationship with the facility, program, or service being 
140.5 	reviewed or with anyone served at the facility, program, or service. Quality assurance teams 
140.6 	must be comprised of county staff, persons receiving services or the person's families, legal 
140.7 	representatives, members of advocacy organizations, providers, and other involved 
140.8 	community members. Team members must complete the training program approved by the 
140.9 	regional quality council and must demonstrate performance-based competency. Team 
140.10 	members may be paid a per diem and reimbursed for expenses related to their participation 
140.11 	in the quality assurance process.
140.12 	(c) The commissioner shall monitor the safety standards, rights, and procedural 
140.13 	protections for the monitoring of psychotropic medications and those identified under 
140.14 	sections 245.825; 245.91 to 245.97; 245A.09, subdivision 2, paragraph (c), clauses (2) and 
140.15 	(5); 245A.12; 245A.13; 252.41, subdivision 9; 256B.092, subdivision 1b, clause (7); 626.556;
140.16 	and 626.557; and chapter 260A.
140.17 	(d) The regional quality councils may hire staff to perform the duties assigned in this 
140.18 	subdivision.
140.19 	(e) The regional quality councils may charge fees for their services.
140.20 	(f) The quality assurance process undertaken by a regional quality council consists of 
140.21 	an evaluation by a quality assurance team of the facility, program, or service. The process 
140.22 	must include an evaluation of a random sample of persons served. The sample must be 
140.23 	representative of each service provided. The sample size must be at least five percent but 
140.24 	not less than two persons served. All persons must be given the opportunity to be included 
140.25 	in the quality assurance process in addition to those chosen for the random sample.
140.26 	(g) A facility, program, or service may contest a licensing decision of the regional quality 
140.27 	council as permitted under chapter 245A.

140.28 	Sec. 97. Minnesota Statutes 2018, section 256B.097, subdivision 6, is amended to read:
140.29 		Subd. 6.Mandated reporters. Members of the State Quality Council under subdivision 
140.30 	3, the regional quality councils under subdivision 4, and quality assurance team members 
140.31 	under subdivision 4, paragraph (b), clause (13), are mandated reporters as defined in sections 
140.32 	626.556, subdivision 3 260A.23, subdivision 1, and 626.5572, subdivision 16.

141.1 	Sec. 98. Minnesota Statutes 2018, section 256B.77, subdivision 17, is amended to read:
141.2 		Subd. 17.Approval of alternatives. The commissioner may approve alternatives to 
141.3 	administrative rules if the commissioner determines that appropriate alternative measures 
141.4 	are in place to protect the health, safety, and rights of enrollees and to assure that services 
141.5 	are of sufficient quality to produce the outcomes described in the personal support plans. 
141.6 	Prior approved waivers, if needed by the demonstration project, shall be extended. The 
141.7 	commissioner shall not waive the rights or procedural protections under sections 245.825; 
141.8 	245.91 to 245.97; 252.41, subdivision 9; 256B.092, subdivision 10; 626.556; and 626.557; 
141.9 	and chapter 260A or procedures for the monitoring of psychotropic medications. Prohibited 
141.10 	practices as defined in statutes and rules governing service delivery to eligible individuals 
141.11 	are applicable to services delivered under this demonstration project.

141.12 	Sec. 99. Minnesota Statutes 2019 Supplement, section 256B.85, subdivision 10, is amended 
141.13 	to read:
141.14 		Subd. 10.Agency-provider and FMS provider qualifications and duties. (a) 
141.15 	Agency-providers identified in subdivision 11 and FMS providers identified in subdivision 
141.16 	13a shall:
141.17 	(1) enroll as a medical assistance Minnesota health care programs provider and meet all 
141.18 	applicable provider standards and requirements;
141.19 	(2) demonstrate compliance with federal and state laws and policies for CFSS as 
141.20 	determined by the commissioner;
141.21 	(3) comply with background study requirements under chapter 245C and maintain 
141.22 	documentation of background study requests and results;
141.23 	(4) verify and maintain records of all services and expenditures by the participant, 
141.24 	including hours worked by support workers;
141.25 	(5) not engage in any agency-initiated direct contact or marketing in person, by telephone, 
141.26 	or other electronic means to potential participants, guardians, family members, or participants' 
141.27 	representatives;
141.28 	(6) directly provide services and not use a subcontractor or reporting agent;
141.29 	(7) meet the financial requirements established by the commissioner for financial 
141.30 	solvency;
141.31 	(8) have never had a lead agency contract or provider agreement discontinued due to 
141.32 	fraud, or have never had an owner, board member, or manager fail a state or FBI-based 
142.1 	criminal background check while enrolled or seeking enrollment as a Minnesota health care 
142.2 	programs provider; and
142.3 	(9) have an office located in Minnesota.
142.4 	(b) In conducting general duties, agency-providers and FMS providers shall:
142.5 	(1) pay support workers based upon actual hours of services provided;
142.6 	(2) pay for worker training and development services based upon actual hours of services 
142.7 	provided or the unit cost of the training session purchased;
142.8 	(3) withhold and pay all applicable federal and state payroll taxes;
142.9 	(4) make arrangements and pay unemployment insurance, taxes, workers' compensation, 
142.10 	liability insurance, and other benefits, if any;
142.11 	(5) enter into a written agreement with the participant, participant's representative, or 
142.12 	legal representative that assigns roles and responsibilities to be performed before services, 
142.13 	supports, or goods are provided;
142.14 	(6) report maltreatment as required under sections 626.556 and section626.557 and 
142.15 	chapter 260A;
142.16 	(7) comply with the labor market reporting requirements described in section 256B.4912, 
142.17 	subdivision 1a;
142.18 	(8) comply with any data requests from the department consistent with the Minnesota 
142.19 	Government Data Practices Act under chapter 13; and
142.20 	(9) maintain documentation for the requirements under subdivision 16, paragraph (e), 
142.21 	clause (2), to qualify for an enhanced rate under this section.

142.22 	Sec. 100. Minnesota Statutes 2018, section 256B.85, subdivision 12a, is amended to read:
142.23 		Subd. 12a.CFSS agency-provider requirements; policies for complaint process and 
142.24 	incident response. (a) The CFSS agency-provider must establish policies and procedures 
142.25 	that promote service recipient rights by providing a simple complaint process for participants 
142.26 	served by the program and their authorized representatives to bring a grievance. The 
142.27 	complaint process must:
142.28 	(1) provide staff assistance with the complaint process when requested;
142.29 	(2) allow the participant to bring the complaint to the highest level of authority in the 
142.30 	program if the grievance cannot be resolved by other staff members, and provide the name, 
142.31 	address, and telephone number of that person;
143.1 	(3) provide the addresses and telephone numbers of outside agencies to assist the 
143.2 	participant;
143.3 	(4) require a prompt response to all complaints affecting a participant's health and safety 
143.4 	and a timely response to all other complaints;
143.5 	(5) require an evaluation of whether:
143.6 	(i) related policies and procedures were followed and adequate;
143.7 	(ii) there is a need for additional staff training;
143.8 	(iii) the complaint is similar to past complaints with the persons, staff, or services 
143.9 	involved; and
143.10 	(iv) there is a need for corrective action by the agency-provider to protect the health and 
143.11 	safety of participants receiving services;
143.12 	(6) provide a written summary of the complaint and a notice of the complaint resolution 
143.13 	to the participant and, if applicable, case manager or care coordinator; and
143.14 	(7) require that the complaint summary and resolution notice be maintained in the 
143.15 	participant's service record.
143.16 	(b) The CFSS agency-provider must establish policies and procedures for responding 
143.17 	to incidents that occur while services are being provided. When a participant has a legal 
143.18 	representative or a participant's representative, incidents must be reported to these 
143.19 	representatives. For the purposes of this paragraph, "incident" means an occurrence that 
143.20 	involves a participant and requires a response that is not a part of the ordinary provision of 
143.21 	the services to that participant, and includes:
143.22 	(1) serious injury of a participant as determined by section 245.91, subdivision 6;
143.23 	(2) a participant's death;
143.24 	(3) any medical emergency, unexpected serious illness, or significant unexpected change 
143.25 	in a participant's illness or medical condition that requires a call to 911, physician treatment, 
143.26 	or hospitalization;
143.27 	(4) any mental health crisis that requires a call to 911 or a mental health crisis intervention 
143.28 	team;
143.29 	(5) an act or situation involving a participant that requires a call to 911, law enforcement, 
143.30 	or the fire department;
143.31 	(6) a participant's unexplained absence;
144.1 	(7) behavior that creates an imminent risk of harm to the participant or another; and
144.2 	(8) a report of alleged or suspected child or vulnerable adult maltreatment under section 
144.3 	626.556 or626.557 or chapter 260A.

144.4 	Sec. 101. Minnesota Statutes 2018, section 256E.21, subdivision 5, is amended to read:
144.5 		Subd. 5.Child abuse. "Child abuse" means sexual abuse, neglect, or physical abuse as 
144.6 	defined in section 626.556, subdivision 2, paragraphs (g), (k), and (n) 260A.20, subdivisions 
144.7 	15, 18, and 20.

144.8 	Sec. 102. Minnesota Statutes 2018, section 256F.10, subdivision 1, is amended to read:
144.9 		Subdivision 1.Eligibility. Persons under 21 years of age who are eligible to receive 
144.10 	medical assistance are eligible for child welfare targeted case management services under 
144.11 	section 256B.094 and this section if they have received an assessment and have been 
144.12 	determined by the local county or tribal social services agency to be:
144.13 	(1) at risk of placement or in placement as described in section 260C.212, subdivision 
144.14 	1;
144.15 	(2) at risk of maltreatment or experiencing maltreatment as defined in section 626.556, 
144.16 	subdivision 10e 260A.20, subdivision 12; or
144.17 	(3) in need of protection or services as defined in section 260C.007, subdivision 6.

144.18 	Sec. 103. Minnesota Statutes 2018, section 256F.10, subdivision 4, is amended to read:
144.19 		Subd. 4.Provider qualifications and certification standards. The commissioner must 
144.20 	certify each provider before enrolling it as a child welfare targeted case management provider 
144.21 	of services under section 256B.094 and this section. The certification process shall examine 
144.22 	the provider's ability to meet the qualification requirements and certification standards in 
144.23 	this subdivision and other federal and state requirements of this service. A certified child 
144.24 	welfare targeted case management provider is an enrolled medical assistance provider who 
144.25 	is determined by the commissioner to have all of the following:
144.26 	(1) the legal authority to provide public welfare under sections 393.01, subdivision 7, 
144.27 	and 393.07 or a federally recognized Indian tribe;
144.28 	(2) the demonstrated capacity and experience to provide the components of case 
144.29 	management to coordinate and link community resources needed by the eligible population;
145.1 	(3) administrative capacity and experience in serving the target population for whom it 
145.2 	will provide services and in ensuring quality of services under state and federal requirements;
145.3 	(4) the legal authority to provide complete investigative and protective services under 
145.4 	section 626.556, subdivision 10 260A.39, and child welfare and foster care services under 
145.5 	section 393.07, subdivisions 1 and 2, or a federally recognized Indian tribe;
145.6 	(5) a financial management system that provides accurate documentation of services 
145.7 	and costs under state and federal requirements; and
145.8 	(6) the capacity to document and maintain individual case records under state and federal 
145.9 	requirements.

145.10 	Sec. 104. Minnesota Statutes 2018, section 256L.07, subdivision 4, is amended to read:
145.11 		Subd. 4.Families with children in need of chemical dependency treatment. Premiums 
145.12 	for families with children when a parent has been determined to be in need of chemical 
145.13 	dependency treatment pursuant to an assessment conducted by the county under section 
145.14 	626.556, subdivision 10 260A.39, subdivision 1, paragraph (g), or a case plan under section 
145.15 	260C.201, subdivision 6, or 260C.212, who are eligible for MinnesotaCare under section 
145.16 	256L.04, subdivision 1, may be paid by the county of residence of the person in need of 
145.17 	treatment for one year from the date the family is determined to be eligible or if the family 
145.18 	is currently enrolled in MinnesotaCare from the date the person is determined to be in need 
145.19 	of chemical dependency treatment. Upon renewal, the family is responsible for any premiums 
145.20 	owed under section 256L.15. If the family is not currently enrolled in MinnesotaCare, the 
145.21 	local county human services agency shall determine whether the family appears to meet the 
145.22 	eligibility requirements and shall assist the family in applying for the MinnesotaCare 
145.23 	program.

145.24 	Sec. 105. Minnesota Statutes 2018, section 256M.10, subdivision 2, is amended to read:
145.25 		Subd. 2.Vulnerable children and adults services. (a) "Vulnerable children and adults 
145.26 	services" means services provided or arranged for by county boards for vulnerable children 
145.27 	under chapter chapters 260C and 260A, and sections 626.556 and 626.5561, and adults 
145.28 	under section 626.557 who experience dependency, abuse, or neglect, as well as services 
145.29 	for family members to support those individuals. These services may be provided by 
145.30 	professionals or nonprofessionals, including the person's natural supports in the community. 
145.31 	For the purpose of this chapter, "vulnerable children" means children and adolescents.
146.1 	(b) Vulnerable children and adults services do not include services under the public 
146.2 	assistance programs known as the Minnesota family investment program, Minnesota 
146.3 	supplemental aid, medical assistance, general assistance, MinnesotaCare, or community 
146.4 	health services.

146.5 	Sec. 106. Minnesota Statutes 2018, section 256M.40, subdivision 1, is amended to read:
146.6 		Subdivision 1.Formula. The commissioner shall allocate state funds appropriated under 
146.7 	this chapter to each county board on a calendar year basis in an amount determined according 
146.8 	to the formula in paragraphs (a) to (e).
146.9 	(a) For calendar years 2011 and 2012, the commissioner shall allocate available funds 
146.10 	to each county in proportion to that county's share in calendar year 2010.
146.11 	(b) For calendar year 2013 and each calendar year thereafter, the commissioner shall 
146.12 	allocate available funds to each county as follows:
146.13 	(1) 75 percent must be distributed on the basis of the county share in calendar year 2012;
146.14 	(2) five percent must be distributed on the basis of the number of persons residing in 
146.15 	the county as determined by the most recent data of the state demographer;
146.16 	(3) ten percent must be distributed on the basis of the number of vulnerable children 
146.17 	that are subjects of reports under chapter chapters 260C and sections 626.556 and 626.5561
146.18 	and 260A, and in the county as determined by the most recent data of the commissioner; 
146.19 	and
146.20 	(4) ten percent must be distributed on the basis of the number of vulnerable adults that 
146.21 	are subjects of reports under section 626.557 in the county as determined by the most recent 
146.22 	data of the commissioner.
146.23 	(c) The commissioner is precluded from changing the formula under this subdivision or 
146.24 	recommending a change to the legislature without public review and input.

146.25 	Sec. 107. Minnesota Statutes 2018, section 256M.41, subdivision 1, is amended to read:
146.26 		Subdivision 1.Formula for county staffing funds. (a) The commissioner shall allocate 
146.27 	state funds appropriated under this section to each county board on a calendar year basis in 
146.28 	an amount determined according to the following formula:
146.29 	(1) 50 percent must be distributed on the basis of the child population residing in the 
146.30 	county as determined by the most recent data of the state demographer;
147.1 	(2) 25 percent must be distributed on the basis of the number of screened-in reports of 
147.2 	child maltreatment under sections 626.556 and 626.5561 chapter 260A, and in the county 
147.3 	as determined by the most recent data of the commissioner; and
147.4 	(3) 25 percent must be distributed on the basis of the number of open child protection 
147.5 	case management cases in the county as determined by the most recent data of the 
147.6 	commissioner.
147.7 	(b) Notwithstanding this subdivision, no county shall be awarded an allocation of less 
147.8 	than $75,000.

147.9 	Sec. 108. Minnesota Statutes 2018, section 257.0764, is amended to read:
147.10 	257.0764 COMPLAINTS.
147.11 	An ombudsperson may receive a complaint from any source concerning an action of an 
147.12 	agency, facility, or program. After completing a review, the ombudsperson shall inform the 
147.13 	complainant, agency, facility, or program. Services to a child shall not be unfavorably altered 
147.14 	as a result of an investigation or complaint. An agency, facility, or program shall not retaliate 
147.15 	or take adverse action, as defined in section 626.556, subdivision 4a, 260A.24, paragraph 
147.16 	(c), against an individual who, in good faith, makes a complaint or assists in an investigation.

147.17 	Sec. 109. Minnesota Statutes 2018, section 260.012, is amended to read:
147.18 	260.012 DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY 
147.19 	REUNIFICATION; REASONABLE EFFORTS.
147.20 	(a) Once a child alleged to be in need of protection or services is under the court's 
147.21 	jurisdiction, the court shall ensure that reasonable efforts, including culturally appropriate 
147.22 	services, by the social services agency are made to prevent placement or to eliminate the 
147.23 	need for removal and to reunite the child with the child's family at the earliest possible time, 
147.24 	and the court must ensure that the responsible social services agency makes reasonable 
147.25 	efforts to finalize an alternative permanent plan for the child as provided in paragraph (e). 
147.26 	In determining reasonable efforts to be made with respect to a child and in making those 
147.27 	reasonable efforts, the child's best interests, health, and safety must be of paramount concern. 
147.28 	Reasonable efforts to prevent placement and for rehabilitation and reunification are always 
147.29 	required except upon a determination by the court that a petition has been filed stating a 
147.30 	prima facie case that:
147.31 	(1) the parent has subjected a child to egregious harm as defined in section 260C.007, 
147.32 	subdivision 14;
148.1 	(2) the parental rights of the parent to another child have been terminated involuntarily;
148.2 	(3) the child is an abandoned infant under section 260C.301, subdivision 2, paragraph 
148.3 	(a), clause (2);
148.4 	(4) the parent's custodial rights to another child have been involuntarily transferred to a 
148.5 	relative under Minnesota Statutes 2010, section 260C.201, subdivision 11, paragraph (d), 
148.6 	clause (1), section 260C.515, subdivision 4, or a similar law of another jurisdiction;
148.7 	(5) the parent has committed sexual abuse as defined in section 626.556, subdivision 2
148.8 	260A.20, against the child or another child of the parent;
148.9 	(6) the parent has committed an offense that requires registration as a predatory offender 
148.10 	under section 243.166, subdivision 1b, paragraph (a) or (b); or
148.11 	(7) the provision of services or further services for the purpose of reunification is futile 
148.12 	and therefore unreasonable under the circumstances.
148.13 	(b) When the court makes one of the prima facie determinations under paragraph (a), 
148.14 	either permanency pleadings under section 260C.505, or a termination of parental rights 
148.15 	petition under sections 260C.141 and 260C.301 must be filed. A permanency hearing under 
148.16 	sections 260C.503 to 260C.521 must be held within 30 days of this determination.
148.17 	(c) In the case of an Indian child, in proceedings under sections 260B.178, 260C.178, 
148.18 	260C.201, 260C.202, 260C.204, 260C.301, or 260C.503 to 260C.521, the juvenile court 
148.19 	must make findings and conclusions consistent with the Indian Child Welfare Act of 1978, 
148.20 	United States Code, title 25, section 1901 et seq., as to the provision of active efforts. In 
148.21 	cases governed by the Indian Child Welfare Act of 1978, United States Code, title 25, section 
148.22 	1901, the responsible social services agency must provide active efforts as required under 
148.23 	United States Code, title 25, section 1911(d).
148.24 	(d) "Reasonable efforts to prevent placement" means:
148.25 	(1) the agency has made reasonable efforts to prevent the placement of the child in foster 
148.26 	care by working with the family to develop and implement a safety plan; or
148.27 	(2) given the particular circumstances of the child and family at the time of the child's 
148.28 	removal, there are no services or efforts available which could allow the child to safely 
148.29 	remain in the home.
148.30 	(e) "Reasonable efforts to finalize a permanent plan for the child" means due diligence 
148.31 	by the responsible social services agency to:
148.32 	(1) reunify the child with the parent or guardian from whom the child was removed;
149.1 	(2) assess a noncustodial parent's ability to provide day-to-day care for the child and, 
149.2 	where appropriate, provide services necessary to enable the noncustodial parent to safely 
149.3 	provide the care, as required by section 260C.219;
149.4 	(3) conduct a relative search to identify and provide notice to adult relatives as required 
149.5 	under section 260C.221;
149.6 	(4) place siblings removed from their home in the same home for foster care or adoption, 
149.7 	or transfer permanent legal and physical custody to a relative. Visitation between siblings 
149.8 	who are not in the same foster care, adoption, or custodial placement or facility shall be 
149.9 	consistent with section 260C.212, subdivision 2; and
149.10 	(5) when the child cannot return to the parent or guardian from whom the child was 
149.11 	removed, to plan for and finalize a safe and legally permanent alternative home for the child, 
149.12 	and considers permanent alternative homes for the child inside or outside of the state, 
149.13 	preferably through adoption or transfer of permanent legal and physical custody of the child.
149.14 	(f) Reasonable efforts are made upon the exercise of due diligence by the responsible 
149.15 	social services agency to use culturally appropriate and available services to meet the needs 
149.16 	of the child and the child's family. Services may include those provided by the responsible 
149.17 	social services agency and other culturally appropriate services available in the community. 
149.18 	At each stage of the proceedings where the court is required to review the appropriateness 
149.19 	of the responsible social services agency's reasonable efforts as described in paragraphs (a), 
149.20 	(d), and (e), the social services agency has the burden of demonstrating that:
149.21 	(1) it has made reasonable efforts to prevent placement of the child in foster care;
149.22 	(2) it has made reasonable efforts to eliminate the need for removal of the child from 
149.23 	the child's home and to reunify the child with the child's family at the earliest possible time;
149.24 	(3) it has made reasonable efforts to finalize an alternative permanent home for the child, 
149.25 	and considers permanent alternative homes for the child inside or outside of the state; or
149.26 	(4) reasonable efforts to prevent placement and to reunify the child with the parent or 
149.27 	guardian are not required. The agency may meet this burden by stating facts in a sworn 
149.28 	petition filed under section 260C.141, by filing an affidavit summarizing the agency's 
149.29 	reasonable efforts or facts the agency believes demonstrate there is no need for reasonable 
149.30 	efforts to reunify the parent and child, or through testimony or a certified report required 
149.31 	under juvenile court rules.
149.32 	(g) Once the court determines that reasonable efforts for reunification are not required 
149.33 	because the court has made one of the prima facie determinations under paragraph (a), the 
150.1 	court may only require reasonable efforts for reunification after a hearing according to 
150.2 	section 260C.163, where the court finds there is not clear and convincing evidence of the 
150.3 	facts upon which the court based its prima facie determination. In this case when there is 
150.4 	clear and convincing evidence that the child is in need of protection or services, the court 
150.5 	may find the child in need of protection or services and order any of the dispositions available 
150.6 	under section 260C.201, subdivision 1. Reunification of a child with a parent is not required 
150.7 	if the parent has been convicted of:
150.8 	(1) a violation of, or an attempt or conspiracy to commit a violation of, sections 609.185
150.9 	to 609.20; 609.222, subdivision 2; or 609.223 in regard to another child of the parent;
150.10 	(2) a violation of section 609.222, subdivision 2; or 609.223, in regard to the child;
150.11 	(3) a violation of, or an attempt or conspiracy to commit a violation of, United States 
150.12 	Code, title 18, section 1111(a) or 1112(a), in regard to another child of the parent;
150.13 	(4) committing sexual abuse as defined in section 626.556, subdivision 2 260A.20, 
150.14 	against the child or another child of the parent; or
150.15 	(5) an offense that requires registration as a predatory offender under section 243.166, 
150.16 	subdivision 1b, paragraph (a) or (b).
150.17 	(h) The juvenile court, in proceedings under sections 260B.178, 260C.178, 260C.201, 
150.18 	260C.202, 260C.204, 260C.301, or 260C.503 to 260C.521, shall make findings and 
150.19 	conclusions as to the provision of reasonable efforts. When determining whether reasonable 
150.20 	efforts have been made, the court shall consider whether services to the child and family 
150.21 	were:
150.22 	(1) relevant to the safety and protection of the child;
150.23 	(2) adequate to meet the needs of the child and family;
150.24 	(3) culturally appropriate;
150.25 	(4) available and accessible;
150.26 	(5) consistent and timely; and
150.27 	(6) realistic under the circumstances.
150.28 	In the alternative, the court may determine that provision of services or further services 
150.29 	for the purpose of rehabilitation is futile and therefore unreasonable under the circumstances 
150.30 	or that reasonable efforts are not required as provided in paragraph (a).
151.1 	(i) This section does not prevent out-of-home placement for treatment of a child with a 
151.2 	mental disability when it is determined to be medically necessary as a result of the child's 
151.3 	diagnostic assessment or individual treatment plan indicates that appropriate and necessary 
151.4 	treatment cannot be effectively provided outside of a residential or inpatient treatment 
151.5 	program and the level or intensity of supervision and treatment cannot be effectively and 
151.6 	safely provided in the child's home or community and it is determined that a residential 
151.7 	treatment setting is the least restrictive setting that is appropriate to the needs of the child.
151.8 	(j) If continuation of reasonable efforts to prevent placement or reunify the child with 
151.9 	the parent or guardian from whom the child was removed is determined by the court to be 
151.10 	inconsistent with the permanent plan for the child or upon the court making one of the prima 
151.11 	facie determinations under paragraph (a), reasonable efforts must be made to place the child 
151.12 	in a timely manner in a safe and permanent home and to complete whatever steps are 
151.13 	necessary to legally finalize the permanent placement of the child.
151.14 	(k) Reasonable efforts to place a child for adoption or in another permanent placement 
151.15 	may be made concurrently with reasonable efforts to prevent placement or to reunify the 
151.16 	child with the parent or guardian from whom the child was removed. When the responsible 
151.17 	social services agency decides to concurrently make reasonable efforts for both reunification 
151.18 	and permanent placement away from the parent under paragraph (a), the agency shall disclose 
151.19 	its decision and both plans for concurrent reasonable efforts to all parties and the court. 
151.20 	When the agency discloses its decision to proceed on both plans for reunification and 
151.21 	permanent placement away from the parent, the court's review of the agency's reasonable 
151.22 	efforts shall include the agency's efforts under both plans.

151.23 	Sec. 110. Minnesota Statutes 2018, section 260.761, subdivision 2, is amended to read:
151.24 		Subd. 2.Agency and court notice to tribes. (a) When a local social services agency 
151.25 	has information that a family assessment or investigation being conducted may involve an 
151.26 	Indian child, the local social services agency shall notify the Indian child's tribe of the family 
151.27 	assessment or investigation according to section 626.556, subdivision 10, paragraph (a), 
151.28 	clause (5) 260A.37. Initial notice shall be provided by telephone and by e-mail or facsimile. 
151.29 	The local social services agency shall request that the tribe or a designated tribal 
151.30 	representative participate in evaluating the family circumstances, identifying family and 
151.31 	tribal community resources, and developing case plans.
151.32 	(b) When a local social services agency has information that a child receiving services 
151.33 	may be an Indian child, the local social services agency shall notify the tribe by telephone 
151.34 	and by e-mail or facsimile of the child's full name and date of birth, the full names and dates 
152.1 	of birth of the child's biological parents, and, if known, the full names and dates of birth of 
152.2 	the child's grandparents and of the child's Indian custodian. This notification must be provided 
152.3 	so the tribe can determine if the child is enrolled in the tribe or eligible for membership, 
152.4 	and must be provided within seven days. If information regarding the child's grandparents 
152.5 	or Indian custodian is not available within the seven-day period, the local social services 
152.6 	agency shall continue to request this information and shall notify the tribe when it is received. 
152.7 	Notice shall be provided to all tribes to which the child may have any tribal lineage. If the 
152.8 	identity or location of the child's parent or Indian custodian and tribe cannot be determined, 
152.9 	the local social services agency shall provide the notice required in this paragraph to the 
152.10 	United States secretary of the interior.
152.11 	(c) In accordance with sections 260C.151 and 260C.152, when a court has reason to 
152.12 	believe that a child placed in emergency protective care is an Indian child, the court 
152.13 	administrator or a designee shall, as soon as possible and before a hearing takes place, notify 
152.14 	the tribal social services agency by telephone and by e-mail or facsimile of the date, time, 
152.15 	and location of the emergency protective case hearing. The court shall make efforts to allow 
152.16 	appearances by telephone for tribal representatives, parents, and Indian custodians.
152.17 	(d) A local social services agency must provide the notices required under this subdivision 
152.18 	at the earliest possible time to facilitate involvement of the Indian child's tribe. Nothing in 
152.19 	this subdivision is intended to hinder the ability of the local social services agency and the 
152.20 	court to respond to an emergency situation. Lack of participation by a tribe shall not prevent 
152.21 	the tribe from intervening in services and proceedings at a later date. A tribe may participate 
152.22 	at any time. At any stage of the local social services agency's involvement with an Indian 
152.23 	child, the agency shall provide full cooperation to the tribal social services agency, including 
152.24 	disclosure of all data concerning the Indian child. Nothing in this subdivision relieves the 
152.25 	local social services agency of satisfying the notice requirements in the Indian Child Welfare 
152.26 	Act.

152.27 	Sec. 111. Minnesota Statutes 2018, section 260B.171, subdivision 6, is amended to read:
152.28 		Subd. 6.Attorney access to records. An attorney representing a child, parent, or guardian 
152.29 	ad litem in a proceeding under this chapter shall be given access to records, local social 
152.30 	services agency files, and reports which form the basis of any recommendation made to the 
152.31 	court. An attorney does not have access under this subdivision to the identity of a person 
152.32 	who made a report under section 626.556 chapter 260A. The court may issue protective 
152.33 	orders to prohibit an attorney from sharing a specified record or portion of a record with a 
152.34 	client other than a guardian ad litem.

153.1 	Sec. 112. Minnesota Statutes 2019 Supplement, section 260B.198, subdivision 1, is 
153.2 	amended to read:
153.3 		Subdivision 1.Court order, findings, remedies, treatment. (a) If the court finds that 
153.4 	the child is delinquent, it shall enter an order making any of the following dispositions of 
153.5 	the case which are deemed necessary to the rehabilitation of the child:
153.6 	(1) counsel the child or the parents, guardian, or custodian;
153.7 	(2) place the child under the supervision of a probation officer or other suitable person 
153.8 	in the child's own home under conditions prescribed by the court including reasonable rules 
153.9 	for the child's conduct and the conduct of the child's parents, guardian, or custodian, designed 
153.10 	for the physical, mental, and moral well-being and behavior of the child, or with the consent 
153.11 	of the commissioner of corrections, in a group foster care facility which is under the 
153.12 	management and supervision of said commissioner;
153.13 	(3) if the court determines that the child is a danger to self or others, subject to the 
153.14 	supervision of the court, transfer legal custody of the child to one of the following:
153.15 	(i) a child-placing agency;
153.16 	(ii) the local social services agency;
153.17 	(iii) a reputable individual of good moral character. No person may receive custody of 
153.18 	two or more unrelated children unless licensed as a residential facility pursuant to sections 
153.19 	245A.01 to 245A.16;
153.20 	(iv) a county home school, if the county maintains a home school or enters into an 
153.21 	agreement with a county home school; or
153.22 	(v) a county probation officer for placement in a group foster home established under 
153.23 	the direction of the juvenile court and licensed pursuant to section 241.021;
153.24 	(4) transfer legal custody by commitment to the commissioner of corrections;
153.25 	(5) if the child is found to have violated a state or local law or ordinance which has 
153.26 	resulted in damage to the person or property of another, the court may order the child to 
153.27 	make reasonable restitution for such damage;
153.28 	(6) require the child to pay a fine of up to $1,000. The court shall order payment of the 
153.29 	fine in accordance with a time payment schedule which shall not impose an undue financial 
153.30 	hardship on the child;
153.31 	(7) if the child is in need of special treatment and care for reasons of physical or mental 
153.32 	health, the court may order the child's parent, guardian, or custodian to provide it. If the 
154.1 	parent, guardian, or custodian fails to provide this treatment or care, the court may order it 
154.2 	provided;
154.3 	(8) if the court believes that it is in the best interests of the child and of public safety 
154.4 	that the driver's license of the child be canceled until the child's 18th birthday, the court 
154.5 	may recommend to the commissioner of public safety the cancellation of the child's license 
154.6 	for any period up to the child's 18th birthday, and the commissioner is hereby authorized 
154.7 	to cancel such license without a hearing. At any time before the termination of the period 
154.8 	of cancellation, the court may, for good cause, recommend to the commissioner of public 
154.9 	safety that the child be authorized to apply for a new license, and the commissioner may so 
154.10 	authorize;
154.11 	(9) if the court believes that it is in the best interest of the child and of public safety that 
154.12 	the child is enrolled in school, the court may require the child to remain enrolled in a public 
154.13 	school until the child reaches the age of 18 or completes all requirements needed to graduate 
154.14 	from high school. Any child enrolled in a public school under this clause is subject to the 
154.15 	provisions of the Pupil Fair Dismissal Act in chapter 127;
154.16 	(10) if the child is petitioned and found by the court to have committed a controlled 
154.17 	substance offense under sections 152.021 to 152.027, the court shall determine whether the 
154.18 	child unlawfully possessed or sold the controlled substance while driving a motor vehicle. 
154.19 	If so, the court shall notify the commissioner of public safety of its determination and order 
154.20 	the commissioner to revoke the child's driver's license for the applicable time period specified 
154.21 	in section 152.0271. If the child does not have a driver's license or if the child's driver's 
154.22 	license is suspended or revoked at the time of the delinquency finding, the commissioner 
154.23 	shall, upon the child's application for driver's license issuance or reinstatement, delay the 
154.24 	issuance or reinstatement of the child's driver's license for the applicable time period specified 
154.25 	in section 152.0271. Upon receipt of the court's order, the commissioner is authorized to 
154.26 	take the licensing action without a hearing;
154.27 	(11) if the child is petitioned and found by the court to have committed or attempted to 
154.28 	commit an act in violation of section 609.342; 609.343; 609.344; 609.345; 609.3451; 
154.29 	609.746, subdivision 1; 609.79; or 617.23, or another offense arising out of a delinquency 
154.30 	petition based on one or more of those sections, the court shall order an independent 
154.31 	professional assessment of the child's need for sex offender treatment. An assessor providing 
154.32 	an assessment for the court must be experienced in the evaluation and treatment of juvenile 
154.33 	sex offenders. If the assessment indicates that the child is in need of and amenable to sex 
154.34 	offender treatment, the court shall include in its disposition order a requirement that the 
154.35 	child undergo treatment. Notwithstanding sections section13.384, 13.85, 144.291 to 144.298,
155.1 	or260B.171, or 626.556 or chapter 260A, the assessor has access to the following private 
155.2 	or confidential data on the child if access is relevant and necessary for the assessment:
155.3 	(i) medical data under section 13.384;
155.4 	(ii) corrections and detention data under section 13.85;
155.5 	(iii) health records under sections 144.291 to 144.298;
155.6 	(iv) juvenile court records under section 260B.171; and
155.7 	(v) local welfare agency records under section 626.556 chapter 260A.
155.8 	Data disclosed under this clause may be used only for purposes of the assessment and 
155.9 	may not be further disclosed to any other person, except as authorized by law; or
155.10 	(12) if the child is found delinquent due to the commission of an offense that would be 
155.11 	a felony if committed by an adult, the court shall make a specific finding on the record 
155.12 	regarding the juvenile's mental health and chemical dependency treatment needs.
155.13 	(b) Any order for a disposition authorized under this section shall contain written findings 
155.14 	of fact to support the disposition ordered and shall also set forth in writing the following 
155.15 	information:
155.16 	(1) why the best interests of the child are served by the disposition ordered; and
155.17 	(2) what alternative dispositions were considered by the court and why such dispositions 
155.18 	were not appropriate in the instant case. Clause (1) does not apply to a disposition under 
155.19 	subdivision 1a.

155.20 	Sec. 113. Minnesota Statutes 2018, section 260C.007, subdivision 3, is amended to read:
155.21 		Subd. 3.Case plan. "Case plan" means any plan for the delivery of services to a child 
155.22 	and parent or guardian, or, when reunification is not required, the child alone, that is 
155.23 	developed according to the requirements of section 245.4871, subdivision 19 or 21; 245.492, 
155.24 	subdivision 16; 256B.092; 260C.212, subdivision 1; or 626.556, subdivision 10 260A.45.

155.25 	Sec. 114. Minnesota Statutes 2018, section 260C.007, subdivision 5, is amended to read:
155.26 		Subd. 5.Child abuse. "Child abuse" means an act that involves a minor victim that 
155.27 	constitutes a violation of section 609.221, 609.222, 609.223, 609.224, 609.2242, 609.322, 
155.28 	609.324, 609.342, 609.343, 609.344, 609.345, 609.377, 609.378, 617.246, or that is physical 
155.29 	or sexual abuse as defined in section 626.556, subdivision 2 260A.20, or an act committed 
156.1 	in another state that involves a minor victim and would constitute a violation of one of these 
156.2 	sections if committed in this state.

156.3 	Sec. 115. Minnesota Statutes 2018, section 260C.007, subdivision 6, is amended to read:
156.4 		Subd. 6.Child in need of protection or services. "Child in need of protection or 
156.5 	services" means a child who is in need of protection or services because the child:
156.6 	(1) is abandoned or without parent, guardian, or custodian;
156.7 	(2)(i) has been a victim of physical or sexual abuse as defined in section 626.556, 
156.8 	subdivision 2 260A.20, subdivision 18 or 20, (ii) resides with or has resided with a victim 
156.9 	of child abuse as defined in subdivision 5 or domestic child abuse as defined in subdivision 
156.10 	13, (iii) resides with or would reside with a perpetrator of domestic child abuse as defined 
156.11 	in subdivision 13 or child abuse as defined in subdivision 5 or 13, or (iv) is a victim of 
156.12 	emotional maltreatment as defined in subdivision 15;
156.13 	(3) is without necessary food, clothing, shelter, education, or other required care for the 
156.14 	child's physical or mental health or morals because the child's parent, guardian, or custodian 
156.15 	is unable or unwilling to provide that care;
156.16 	(4) is without the special care made necessary by a physical, mental, or emotional 
156.17 	condition because the child's parent, guardian, or custodian is unable or unwilling to provide 
156.18 	that care;
156.19 	(5) is medically neglected, which includes, but is not limited to, the withholding of 
156.20 	medically indicated treatment from an infant with a disability with a life-threatening 
156.21 	condition. The term "withholding of medically indicated treatment" means the failure to 
156.22 	respond to the infant's life-threatening conditions by providing treatment, including 
156.23 	appropriate nutrition, hydration, and medication which, in the treating physician's or advanced 
156.24 	practice registered nurse's reasonable medical judgment, will be most likely to be effective 
156.25 	in ameliorating or correcting all conditions, except that the term does not include the failure 
156.26 	to provide treatment other than appropriate nutrition, hydration, or medication to an infant 
156.27 	when, in the treating physician's or advanced practice registered nurse's reasonable medical 
156.28 	judgment:
156.29 	(i) the infant is chronically and irreversibly comatose;
156.30 	(ii) the provision of the treatment would merely prolong dying, not be effective in 
156.31 	ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be 
156.32 	futile in terms of the survival of the infant; or
157.1 	(iii) the provision of the treatment would be virtually futile in terms of the survival of 
157.2 	the infant and the treatment itself under the circumstances would be inhumane;
157.3 	(6) is one whose parent, guardian, or other custodian for good cause desires to be relieved 
157.4 	of the child's care and custody, including a child who entered foster care under a voluntary 
157.5 	placement agreement between the parent and the responsible social services agency under 
157.6 	section 260C.227;
157.7 	(7) has been placed for adoption or care in violation of law;
157.8 	(8) is without proper parental care because of the emotional, mental, or physical disability, 
157.9 	or state of immaturity of the child's parent, guardian, or other custodian;
157.10 	(9) is one whose behavior, condition, or environment is such as to be injurious or 
157.11 	dangerous to the child or others. An injurious or dangerous environment may include, but 
157.12 	is not limited to, the exposure of a child to criminal activity in the child's home;
157.13 	(10) is experiencing growth delays, which may be referred to as failure to thrive, that 
157.14 	have been diagnosed by a physician and are due to parental neglect;
157.15 	(11) is a sexually exploited youth;
157.16 	(12) has committed a delinquent act or a juvenile petty offense before becoming ten 
157.17 	years old;
157.18 	(13) is a runaway;
157.19 	(14) is a habitual truant;
157.20 	(15) has been found incompetent to proceed or has been found not guilty by reason of 
157.21 	mental illness or mental deficiency in connection with a delinquency proceeding, a 
157.22 	certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a 
157.23 	proceeding involving a juvenile petty offense; or
157.24 	(16) has a parent whose parental rights to one or more other children were involuntarily 
157.25 	terminated or whose custodial rights to another child have been involuntarily transferred to 
157.26 	a relative and there is a case plan prepared by the responsible social services agency 
157.27 	documenting a compelling reason why filing the termination of parental rights petition under 
157.28 	section 260C.503, subdivision 2, is not in the best interests of the child.

157.29 	Sec. 116. Minnesota Statutes 2018, section 260C.007, subdivision 13, is amended to read:
157.30 		Subd. 13.Domestic child abuse. "Domestic child abuse" means:
158.1 	(1) any physical injury to a minor family or household member inflicted by an adult 
158.2 	family or household member other than by accidental means;
158.3 	(2) subjection of a minor family or household member by an adult family or household 
158.4 	member to any act which constitutes a violation of sections 609.321 to 609.324, 609.342, 
158.5 	609.343, 609.344, 609.345, or 617.246; or
158.6 	(3) physical or sexual abuse as defined in section 626.556, subdivision 2 260A.20, 
158.7 	subdivision 18 or 20.

158.8 	Sec. 117. Minnesota Statutes 2019 Supplement, section 260C.139, subdivision 3, is 
158.9 	amended to read:
158.10 		Subd. 3.Status of child. For purposes of proceedings under this chapter and adoption 
158.11 	proceedings, a newborn left at a safe place, pursuant to subdivision 4 and section 145.902, 
158.12 	is considered an abandoned child under section 626.556, subdivision 2, paragraph (o), clause 
158.13 	(2) 260A.20, subdivision 22, clause (2). The child is abandoned under sections 260C.007, 
158.14 	subdivision 6, clause (1), and 260C.301, subdivision 1, paragraph (b), clause (1).

158.15 	Sec. 118. Minnesota Statutes 2018, section 260C.150, subdivision 3, is amended to read:
158.16 		Subd. 3.Identifying parents of child; diligent efforts; data. (a) The responsible social 
158.17 	services agency shall make diligent efforts to identify and locate both parents of any child 
158.18 	who is the subject of proceedings under this chapter. Diligent efforts include:
158.19 	(1) asking the custodial or known parent to identify any nonresident parent of the child 
158.20 	and provide information that can be used to verify the nonresident parent's identity including 
158.21 	the dates and locations of marriages and divorces; dates and locations of any legal 
158.22 	proceedings regarding paternity; date and place of the child's birth; nonresident parent's full 
158.23 	legal name; nonresident parent's date of birth, or if the nonresident parent's date of birth is 
158.24 	unknown, an approximate age; the nonresident parent's Social Security number; the 
158.25 	nonresident parent's whereabouts including last known whereabouts; and the whereabouts 
158.26 	of relatives of the nonresident parent. For purposes of this subdivision, "nonresident parent" 
158.27 	means a parent who does not reside in the same household as the child or did not reside in 
158.28 	the same household as the child at the time the child was removed when the child is in foster 
158.29 	care;
158.30 	(2) obtaining information that will identify and locate the nonresident parent from the 
158.31 	county and state of Minnesota child support enforcement information system;
159.1 	(3) requesting a search of the Minnesota Fathers' Adoption Registry 30 days after the 
159.2 	child's birth; and
159.3 	(4) using any other reasonable means to identify and locate the nonresident parent.
159.4 	(b) The agency may disclose data which is otherwise private under section 13.46or 
159.5 	626.556 or chapter 260A in order to carry out its duties under this subdivision.
159.6 	(c) Upon the filing of a petition alleging the child to be in need of protection or services, 
159.7 	the responsible social services agency may contact a putative father who registered with 
159.8 	the Minnesota Fathers' Adoption Registry more than 30 days after the child's birth. The 
159.9 	social service agency may consider a putative father for the day-to-day care of the child 
159.10 	under section 260C.219 if the putative father cooperates with genetic testing and there is a 
159.11 	positive test result under section 257.62, subdivision 5. Nothing in this paragraph:
159.12 	(1) relieves a putative father who registered with the Minnesota Fathers' Adoption 
159.13 	Registry more than 30 days after the child's birth of the duty to cooperate with paternity 
159.14 	establishment proceedings under section 260C.219;
159.15 	(2) gives a putative father who registered with the Minnesota Fathers' Adoption Registry 
159.16 	more than 30 days after the child's birth the right to notice under section 260C.151 unless 
159.17 	the putative father is entitled to notice under sections 259.24 and 259.49, subdivision 1, 
159.18 	paragraph (a) or (b), clauses (1) to (7); or
159.19 	(3) establishes a right to assert an interest in the child in a termination of parental rights 
159.20 	proceeding contrary to section 259.52, subdivision 6, unless the putative father is entitled 
159.21 	to notice under sections 259.24 and 259.49, subdivision 1, paragraph (a) or (b), clauses (1) 
159.22 	to (7).

159.23 	Sec. 119. Minnesota Statutes 2018, section 260C.171, subdivision 3, is amended to read:
159.24 		Subd. 3.Attorney access to records. An attorney representing a child, parent, or guardian 
159.25 	ad litem in a proceeding under this chapter shall be given access to records, responsible 
159.26 	social services agency files, and reports which form the basis of any recommendation made 
159.27 	to the court. An attorney does not have access under this subdivision to the identity of a 
159.28 	person who made a report under section 626.556 chapter 260A. The court may issue 
159.29 	protective orders to prohibit an attorney from sharing a specified record or portion of a 
159.30 	record with a client other than a guardian ad litem.

160.1 	Sec. 120. Minnesota Statutes 2018, section 260C.177, is amended to read:
160.2 	260C.177 PARENTAL AND LAW ENFORCEMENT NOTIFICATION.
160.3 	An emergency shelter and its agents, employees, and volunteers must comply with court 
160.4 	orders, section 626.556, this chapter, chapter 260A, and all other applicable laws. In any 
160.5 	event, unless other legal requirements require earlier or different notification or actions, an 
160.6 	emergency shelter must attempt to notify a runaway's parent or legal guardian of the 
160.7 	runaway's location and status within 72 hours. The notification must include a description 
160.8 	of the runaway's physical and emotional condition and the circumstances surrounding the 
160.9 	runaway's admission to the emergency shelter, unless there are compelling reasons not to 
160.10 	provide the parent or legal guardian with this information. Compelling reasons may include 
160.11 	circumstances in which the runaway is or has been exposed to domestic violence or a victim 
160.12 	of abuse, neglect, or abandonment.

160.13 	Sec. 121. Minnesota Statutes 2019 Supplement, section 260C.178, subdivision 1, is 
160.14 	amended to read:
160.15 		Subdivision 1.Hearing and release requirements. (a) If a child was taken into custody 
160.16 	under section 260C.175, subdivision 1, clause (1) or (2), item (ii), the court shall hold a 
160.17 	hearing within 72 hours of the time the child was taken into custody, excluding Saturdays, 
160.18 	Sundays, and holidays, to determine whether the child should continue in custody.
160.19 	(b) Unless there is reason to believe that the child would endanger self or others or not 
160.20 	return for a court hearing, or that the child's health or welfare would be immediately 
160.21 	endangered, the child shall be released to the custody of a parent, guardian, custodian, or 
160.22 	other suitable person, subject to reasonable conditions of release including, but not limited 
160.23 	to, a requirement that the child undergo a chemical use assessment as provided in section 
160.24 	260C.157, subdivision 1.
160.25 	(c) If the court determines there is reason to believe that the child would endanger self 
160.26 	or others or not return for a court hearing, or that the child's health or welfare would be 
160.27 	immediately endangered if returned to the care of the parent or guardian who has custody 
160.28 	and from whom the child was removed, the court shall order the child into foster care as 
160.29 	defined in section 260C.007, subdivision 18, under the legal responsibility of the responsible 
160.30 	social services agency or responsible probation or corrections agency for the purposes of 
160.31 	protective care as that term is used in the juvenile court rules or into the home of a 
160.32 	noncustodial parent and order the noncustodial parent to comply with any conditions the 
160.33 	court determines to be appropriate to the safety and care of the child, including cooperating 
160.34 	with paternity establishment proceedings in the case of a man who has not been adjudicated 
161.1 	the child's father. The court shall not give the responsible social services legal custody and 
161.2 	order a trial home visit at any time prior to adjudication and disposition under section 
161.3 	260C.201, subdivision 1, paragraph (a), clause (3), but may order the child returned to the 
161.4 	care of the parent or guardian who has custody and from whom the child was removed and 
161.5 	order the parent or guardian to comply with any conditions the court determines to be 
161.6 	appropriate to meet the safety, health, and welfare of the child.
161.7 	(d) In determining whether the child's health or welfare would be immediately 
161.8 	endangered, the court shall consider whether the child would reside with a perpetrator of 
161.9 	domestic child abuse.
161.10 	(e) The court, before determining whether a child should be placed in or continue in 
161.11 	foster care under the protective care of the responsible agency, shall also make a 
161.12 	determination, consistent with section 260.012 as to whether reasonable efforts were made 
161.13 	to prevent placement or whether reasonable efforts to prevent placement are not required. 
161.14 	In the case of an Indian child, the court shall determine whether active efforts, according 
161.15 	to section 260.762 and the Indian Child Welfare Act of 1978, United States Code, title 25, 
161.16 	section 1912(d), were made to prevent placement. The court shall enter a finding that the 
161.17 	responsible social services agency has made reasonable efforts to prevent placement when 
161.18 	the agency establishes either:
161.19 	(1) that it has actually provided services or made efforts in an attempt to prevent the 
161.20 	child's removal but that such services or efforts have not proven sufficient to permit the 
161.21 	child to safely remain in the home; or
161.22 	(2) that there are no services or other efforts that could be made at the time of the hearing 
161.23 	that could safely permit the child to remain home or to return home. When reasonable efforts 
161.24 	to prevent placement are required and there are services or other efforts that could be ordered 
161.25 	which would permit the child to safely return home, the court shall order the child returned 
161.26 	to the care of the parent or guardian and the services or efforts put in place to ensure the 
161.27 	child's safety. When the court makes a prima facie determination that one of the 
161.28 	circumstances under paragraph (g) exists, the court shall determine that reasonable efforts 
161.29 	to prevent placement and to return the child to the care of the parent or guardian are not 
161.30 	required.
161.31 	If the court finds the social services agency's preventive or reunification efforts have 
161.32 	not been reasonable but further preventive or reunification efforts could not permit the child 
161.33 	to safely remain at home, the court may nevertheless authorize or continue the removal of 
161.34 	the child.
162.1 	(f) The court may not order or continue the foster care placement of the child unless the 
162.2 	court makes explicit, individualized findings that continued custody of the child by the 
162.3 	parent or guardian would be contrary to the welfare of the child and that placement is in the 
162.4 	best interest of the child.
162.5 	(g) At the emergency removal hearing, or at any time during the course of the proceeding, 
162.6 	and upon notice and request of the county attorney, the court shall determine whether a 
162.7 	petition has been filed stating a prima facie case that:
162.8 	(1) the parent has subjected a child to egregious harm as defined in section 260C.007, 
162.9 	subdivision 14;
162.10 	(2) the parental rights of the parent to another child have been involuntarily terminated;
162.11 	(3) the child is an abandoned infant under section 260C.301, subdivision 2, paragraph 
162.12 	(a), clause (2);
162.13 	(4) the parents' custodial rights to another child have been involuntarily transferred to a 
162.14 	relative under Minnesota Statutes 2010, section 260C.201, subdivision 11, paragraph (e), 
162.15 	clause (1); section 260C.515, subdivision 4; or a similar law of another jurisdiction;
162.16 	(5) the parent has committed sexual abuse as defined in section 626.556, subdivision 2
162.17 	260A.20, against the child or another child of the parent;
162.18 	(6) the parent has committed an offense that requires registration as a predatory offender 
162.19 	under section 243.166, subdivision 1b, paragraph (a) or (b); or
162.20 	(7) the provision of services or further services for the purpose of reunification is futile 
162.21 	and therefore unreasonable.
162.22 	(h) When a petition to terminate parental rights is required under section 260C.301, 
162.23 	subdivision 4, or 260C.503, subdivision 2, but the county attorney has determined not to 
162.24 	proceed with a termination of parental rights petition, and has instead filed a petition to 
162.25 	transfer permanent legal and physical custody to a relative under section 260C.507, the 
162.26 	court shall schedule a permanency hearing within 30 days of the filing of the petition.
162.27 	(i) If the county attorney has filed a petition under section 260C.307, the court shall 
162.28 	schedule a trial under section 260C.163 within 90 days of the filing of the petition except 
162.29 	when the county attorney determines that the criminal case shall proceed to trial first under 
162.30 	section 260C.503, subdivision 2, paragraph (c).
162.31 	(j) If the court determines the child should be ordered into foster care and the child's 
162.32 	parent refuses to give information to the responsible social services agency regarding the 
163.1 	child's father or relatives of the child, the court may order the parent to disclose the names, 
163.2 	addresses, telephone numbers, and other identifying information to the responsible social 
163.3 	services agency for the purpose of complying with sections 260C.151, 260C.212, 260C.215, 
163.4 	and 260C.221.
163.5 	(k) If a child ordered into foster care has siblings, whether full, half, or step, who are 
163.6 	also ordered into foster care, the court shall inquire of the responsible social services agency 
163.7 	of the efforts to place the children together as required by section 260C.212, subdivision 2, 
163.8 	paragraph (d), if placement together is in each child's best interests, unless a child is in 
163.9 	placement for treatment or a child is placed with a previously noncustodial parent who is 
163.10 	not a parent to all siblings. If the children are not placed together at the time of the hearing, 
163.11 	the court shall inquire at each subsequent hearing of the agency's reasonable efforts to place 
163.12 	the siblings together, as required under section 260.012. If any sibling is not placed with 
163.13 	another sibling or siblings, the agency must develop a plan to facilitate visitation or ongoing 
163.14 	contact among the siblings as required under section 260C.212, subdivision 1, unless it is 
163.15 	contrary to the safety or well-being of any of the siblings to do so.
163.16 	(l) When the court has ordered the child into foster care or into the home of a noncustodial 
163.17 	parent, the court may order a chemical dependency evaluation, mental health evaluation, 
163.18 	medical examination, and parenting assessment for the parent as necessary to support the 
163.19 	development of a plan for reunification required under subdivision 7 and section 260C.212, 
163.20 	subdivision 1, or the child protective services plan under section 626.556, subdivision 10
163.21 	260A.45, and Minnesota Rules, part 9560.0228.

163.22 	Sec. 122. Minnesota Statutes 2019 Supplement, section 260C.201, subdivision 6, is 
163.23 	amended to read:
163.24 		Subd. 6.Case plan. (a) For each disposition ordered where the child is placed away 
163.25 	from a parent or guardian, the court shall order the responsible social services agency to 
163.26 	prepare a written out-of-home placement plan according to the requirements of section 
163.27 	260C.212, subdivision 1. When a foster child is colocated with a parent in a licensed 
163.28 	residential family-based substance use disorder treatment program under section 260C.190, 
163.29 	the case plan must specify the recommendation for the colocation before the child is colocated 
163.30 	with the parent.
163.31 	(b) In cases where the child is not placed out of the home or is ordered into the home of 
163.32 	a noncustodial parent, the responsible social services agency shall prepare a plan for delivery 
163.33 	of social services to the child and custodial parent under section 626.556, subdivision 10
163.34 	260A.45, or any other case plan required to meet the needs of the child. The plan shall be 
164.1 	designed to safely maintain the child in the home or to reunite the child with the custodial 
164.2 	parent.
164.3 	(c) The court may approve the case plan as presented or modify it after hearing from 
164.4 	the parties. Once the plan is approved, the court shall order all parties to comply with it. A 
164.5 	copy of the approved case plan shall be attached to the court's order and incorporated into 
164.6 	it by reference.
164.7 	(d) A party has a right to request a court review of the reasonableness of the case plan 
164.8 	upon a showing of a substantial change of circumstances.

164.9 	Sec. 123. Minnesota Statutes 2018, section 260C.209, subdivision 2, is amended to read:
164.10 		Subd. 2.General procedures. (a) When accessing information under subdivision 1, the 
164.11 	agency shall require the individual being assessed to provide sufficient information to ensure 
164.12 	an accurate assessment under this section, including:
164.13 	(1) the individual's first, middle, and last name and all other names by which the 
164.14 	individual has been known;
164.15 	(2) home address, zip code, city, county, and state of residence for the past five years;
164.16 	(3) sex;
164.17 	(4) date of birth; and
164.18 	(5) driver's license number or state identification number.
164.19 	(b) When notified by the responsible social services agency that it is accessing information 
164.20 	under subdivision 1, the Bureau of Criminal Apprehension, commissioners of health and 
164.21 	human services, law enforcement, and county agencies must provide the responsible social 
164.22 	services agency or county attorney with the following information on the individual being 
164.23 	assessed: criminal history data, local law enforcement data about the household, reports 
164.24 	about the maltreatment of adults substantiated under section 626.557, and reports of 
164.25 	maltreatment of minors substantiated under section 626.556 chapter 260A.

164.26 	Sec. 124. Minnesota Statutes 2018, section 260C.212, subdivision 12, is amended to read:
164.27 		Subd. 12.Fair hearing review. Any person whose claim for foster care payment pursuant 
164.28 	to the placement of a child resulting from a child protection assessment under section 626.556
164.29 	chapter 260A is denied or not acted upon with reasonable promptness may appeal the 
164.30 	decision under section 256.045, subdivision 3.

165.1 	Sec. 125. Minnesota Statutes 2018, section 260C.221, is amended to read:
165.2 	260C.221 RELATIVE SEARCH.
165.3 	(a) The responsible social services agency shall exercise due diligence to identify and 
165.4 	notify adult relatives prior to placement or within 30 days after the child's removal from the 
165.5 	parent. The county agency shall consider placement with a relative under this section without 
165.6 	delay and whenever the child must move from or be returned to foster care. The relative 
165.7 	search required by this section shall be comprehensive in scope. After a finding that the 
165.8 	agency has made reasonable efforts to conduct the relative search under this paragraph, the 
165.9 	agency has the continuing responsibility to appropriately involve relatives, who have 
165.10 	responded to the notice required under this paragraph, in planning for the child and to 
165.11 	continue to consider relatives according to the requirements of section 260C.212, subdivision 
165.12 	2. At any time during the course of juvenile protection proceedings, the court may order 
165.13 	the agency to reopen its search for relatives when it is in the child's best interest to do so.
165.14 	(b) The relative search required by this section shall include both maternal and paternal 
165.15 	adult relatives of the child; all adult grandparents; all legal parents, guardians, or custodians 
165.16 	of the child's siblings; and any other adult relatives suggested by the child's parents, subject 
165.17 	to the exceptions due to family violence in paragraph (c). The search shall also include 
165.18 	getting information from the child in an age-appropriate manner about who the child 
165.19 	considers to be family members and important friends with whom the child has resided or 
165.20 	had significant contact. The relative search required under this section must fulfill the 
165.21 	agency's duties under the Indian Child Welfare Act regarding active efforts to prevent the 
165.22 	breakup of the Indian family under United States Code, title 25, section 1912(d), and to 
165.23 	meet placement preferences under United States Code, title 25, section 1915. The relatives 
165.24 	must be notified:
165.25 	(1) of the need for a foster home for the child, the option to become a placement resource 
165.26 	for the child, and the possibility of the need for a permanent placement for the child;
165.27 	(2) of their responsibility to keep the responsible social services agency and the court 
165.28 	informed of their current address in order to receive notice in the event that a permanent 
165.29 	placement is sought for the child and to receive notice of the permanency progress review 
165.30 	hearing under section 260C.204. A relative who fails to provide a current address to the 
165.31 	responsible social services agency and the court forfeits the right to receive notice of the 
165.32 	possibility of permanent placement and of the permanency progress review hearing under 
165.33 	section 260C.204. A decision by a relative not to be identified as a potential permanent 
165.34 	placement resource or participate in planning for the child at the beginning of the case shall 
166.1 	not affect whether the relative is considered for placement of the child with that relative 
166.2 	later;
166.3 	(3) that the relative may participate in the care and planning for the child, including that 
166.4 	the opportunity for such participation may be lost by failing to respond to the notice sent 
166.5 	under this subdivision. "Participate in the care and planning" includes, but is not limited to, 
166.6 	participation in case planning for the parent and child, identifying the strengths and needs 
166.7 	of the parent and child, supervising visits, providing respite and vacation visits for the child, 
166.8 	providing transportation to appointments, suggesting other relatives who might be able to 
166.9 	help support the case plan, and to the extent possible, helping to maintain the child's familiar 
166.10 	and regular activities and contact with friends and relatives;
166.11 	(4) of the family foster care licensing requirements, including how to complete an 
166.12 	application and how to request a variance from licensing standards that do not present a 
166.13 	safety or health risk to the child in the home under section 245A.04 and supports that are 
166.14 	available for relatives and children who reside in a family foster home; and
166.15 	(5) of the relatives' right to ask to be notified of any court proceedings regarding the 
166.16 	child, to attend the hearings, and of a relative's right or opportunity to be heard by the court 
166.17 	as required under section 260C.152, subdivision 5.
166.18 	(c) A responsible social services agency may disclose private data, as defined in sections
166.19 	section13.02 and 626.556 chapter 260A, to relatives of the child for the purpose of locating 
166.20 	and assessing a suitable placement and may use any reasonable means of identifying and 
166.21 	locating relatives including the Internet or other electronic means of conducting a search. 
166.22 	The agency shall disclose data that is necessary to facilitate possible placement with relatives 
166.23 	and to ensure that the relative is informed of the needs of the child so the relative can 
166.24 	participate in planning for the child and be supportive of services to the child and family. 
166.25 	If the child's parent refuses to give the responsible social services agency information 
166.26 	sufficient to identify the maternal and paternal relatives of the child, the agency shall ask 
166.27 	the juvenile court to order the parent to provide the necessary information. If a parent makes 
166.28 	an explicit request that a specific relative not be contacted or considered for placement due 
166.29 	to safety reasons including past family or domestic violence, the agency shall bring the 
166.30 	parent's request to the attention of the court to determine whether the parent's request is 
166.31 	consistent with the best interests of the child and the agency shall not contact the specific 
166.32 	relative when the juvenile court finds that contacting the specific relative would endanger 
166.33 	the parent, guardian, child, sibling, or any family member.
167.1 	(d) At a regularly scheduled hearing not later than three months after the child's placement 
167.2 	in foster care and as required in section 260C.202, the agency shall report to the court:
167.3 	(1) its efforts to identify maternal and paternal relatives of the child and to engage the 
167.4 	relatives in providing support for the child and family, and document that the relatives have 
167.5 	been provided the notice required under paragraph (a); and
167.6 	(2) its decision regarding placing the child with a relative as required under section 
167.7 	260C.212, subdivision 2, and to ask relatives to visit or maintain contact with the child in 
167.8 	order to support family connections for the child, when placement with a relative is not 
167.9 	possible or appropriate.
167.10 	(e) Notwithstanding chapter 13, the agency shall disclose data about particular relatives 
167.11 	identified, searched for, and contacted for the purposes of the court's review of the agency's 
167.12 	due diligence.
167.13 	(f) When the court is satisfied that the agency has exercised due diligence to identify 
167.14 	relatives and provide the notice required in paragraph (a), the court may find that reasonable 
167.15 	efforts have been made to conduct a relative search to identify and provide notice to adult 
167.16 	relatives as required under section 260.012, paragraph (e), clause (3). If the court is not 
167.17 	satisfied that the agency has exercised due diligence to identify relatives and provide the 
167.18 	notice required in paragraph (a), the court may order the agency to continue its search and 
167.19 	notice efforts and to report back to the court.
167.20 	(g) When the placing agency determines that permanent placement proceedings are 
167.21 	necessary because there is a likelihood that the child will not return to a parent's care, the 
167.22 	agency must send the notice provided in paragraph (h), may ask the court to modify the 
167.23 	duty of the agency to send the notice required in paragraph (h), or may ask the court to 
167.24 	completely relieve the agency of the requirements of paragraph (h). The relative notification 
167.25 	requirements of paragraph (h) do not apply when the child is placed with an appropriate 
167.26 	relative or a foster home that has committed to adopting the child or taking permanent legal 
167.27 	and physical custody of the child and the agency approves of that foster home for permanent 
167.28 	placement of the child. The actions ordered by the court under this section must be consistent 
167.29 	with the best interests, safety, permanency, and welfare of the child.
167.30 	(h) Unless required under the Indian Child Welfare Act or relieved of this duty by the 
167.31 	court under paragraph (f), when the agency determines that it is necessary to prepare for 
167.32 	permanent placement determination proceedings, or in anticipation of filing a termination 
167.33 	of parental rights petition, the agency shall send notice to the relatives, any adult with whom 
167.34 	the child is currently residing, any adult with whom the child has resided for one year or 
168.1 	longer in the past, and any adults who have maintained a relationship or exercised visitation 
168.2 	with the child as identified in the agency case plan. The notice must state that a permanent 
168.3 	home is sought for the child and that the individuals receiving the notice may indicate to 
168.4 	the agency their interest in providing a permanent home. The notice must state that within 
168.5 	30 days of receipt of the notice an individual receiving the notice must indicate to the agency 
168.6 	the individual's interest in providing a permanent home for the child or that the individual 
168.7 	may lose the opportunity to be considered for a permanent placement.

168.8 	Sec. 126. Minnesota Statutes 2018, section 260C.503, subdivision 2, is amended to read:
168.9 		Subd. 2.Termination of parental rights. (a) The responsible social services agency 
168.10 	must ask the county attorney to immediately file a termination of parental rights petition 
168.11 	when:
168.12 	(1) the child has been subjected to egregious harm as defined in section 260C.007, 
168.13 	subdivision 14;
168.14 	(2) the child is determined to be the sibling of a child who was subjected to egregious 
168.15 	harm;
168.16 	(3) the child is an abandoned infant as defined in section 260C.301, subdivision 2, 
168.17 	paragraph (a), clause (2);
168.18 	(4) the child's parent has lost parental rights to another child through an order involuntarily 
168.19 	terminating the parent's rights;
168.20 	(5) the parent has committed sexual abuse as defined in section 626.556, subdivision 2
168.21 	260A.20, against the child or another child of the parent;
168.22 	(6) the parent has committed an offense that requires registration as a predatory offender 
168.23 	under section 243.166, subdivision 1b, paragraph (a) or (b); or
168.24 	(7) another child of the parent is the subject of an order involuntarily transferring 
168.25 	permanent legal and physical custody of the child to a relative under this chapter or a similar 
168.26 	law of another jurisdiction;
168.27 	The county attorney shall file a termination of parental rights petition unless the conditions 
168.28 	of paragraph (d) are met.
168.29 	(b) When the termination of parental rights petition is filed under this subdivision, the 
168.30 	responsible social services agency shall identify, recruit, and approve an adoptive family 
168.31 	for the child. If a termination of parental rights petition has been filed by another party, the 
168.32 	responsible social services agency shall be joined as a party to the petition.
169.1 	(c) If criminal charges have been filed against a parent arising out of the conduct alleged 
169.2 	to constitute egregious harm, the county attorney shall determine which matter should 
169.3 	proceed to trial first, consistent with the best interests of the child and subject to the 
169.4 	defendant's right to a speedy trial.
169.5 	(d) The requirement of paragraph (a) does not apply if the responsible social services 
169.6 	agency and the county attorney determine and file with the court:
169.7 	(1) a petition for transfer of permanent legal and physical custody to a relative under 
169.8 	sections 260C.505 and 260C.515, subdivision 3, including a determination that adoption is 
169.9 	not in the child's best interests and that transfer of permanent legal and physical custody is 
169.10 	in the child's best interests; or
169.11 	(2) a petition under section 260C.141 alleging the child, and where appropriate, the 
169.12 	child's siblings, to be in need of protection or services accompanied by a case plan prepared 
169.13 	by the responsible social services agency documenting a compelling reason why filing a 
169.14 	termination of parental rights petition would not be in the best interests of the child.

169.15 	Sec. 127. Minnesota Statutes 2018, section 260D.01, is amended to read:
169.16 	260D.01 CHILD IN VOLUNTARY FOSTER CARE FOR TREATMENT.
169.17 	(a) Sections 260D.01 to 260D.10, may be cited as the "child in voluntary foster care for 
169.18 	treatment" provisions of the Juvenile Court Act.
169.19 	(b) The juvenile court has original and exclusive jurisdiction over a child in voluntary 
169.20 	foster care for treatment upon the filing of a report or petition required under this chapter. 
169.21 	All obligations of the agency to a child and family in foster care contained in chapter 260C 
169.22 	not inconsistent with this chapter are also obligations of the agency with regard to a child 
169.23 	in foster care for treatment under this chapter.
169.24 	(c) This chapter shall be construed consistently with the mission of the children's mental 
169.25 	health service system as set out in section 245.487, subdivision 3, and the duties of an agency 
169.26 	under sections 256B.092 and 260C.157 and Minnesota Rules, parts 9525.0004 to 9525.0016, 
169.27 	to meet the needs of a child with a developmental disability or related condition. This 
169.28 	chapter:
169.29 	(1) establishes voluntary foster care through a voluntary foster care agreement as the 
169.30 	means for an agency and a parent to provide needed treatment when the child must be in 
169.31 	foster care to receive necessary treatment for an emotional disturbance or developmental 
169.32 	disability or related condition;
170.1 	(2) establishes court review requirements for a child in voluntary foster care for treatment 
170.2 	due to emotional disturbance or developmental disability or a related condition;
170.3 	(3) establishes the ongoing responsibility of the parent as legal custodian to visit the 
170.4 	child, to plan together with the agency for the child's treatment needs, to be available and 
170.5 	accessible to the agency to make treatment decisions, and to obtain necessary medical, 
170.6 	dental, and other care for the child; and
170.7 	(4) applies to voluntary foster care when the child's parent and the agency agree that the 
170.8 	child's treatment needs require foster care either:
170.9 	(i) due to a level of care determination by the agency's screening team informed by the 
170.10 	diagnostic and functional assessment under section 245.4885; or
170.11 	(ii) due to a determination regarding the level of services needed by the responsible 
170.12 	social services' screening team under section 256B.092, and Minnesota Rules, parts 
170.13 	9525.0004 to 9525.0016.
170.14 	(d) This chapter does not apply when there is a current determination under section 
170.15 	626.556 chapter 260A that the child requires child protective services or when the child is 
170.16 	in foster care for any reason other than treatment for the child's emotional disturbance or 
170.17 	developmental disability or related condition. When there is a determination under section 
170.18 	626.556 chapter 260A that the child requires child protective services based on an assessment 
170.19 	that there are safety and risk issues for the child that have not been mitigated through the 
170.20 	parent's engagement in services or otherwise, or when the child is in foster care for any 
170.21 	reason other than the child's emotional disturbance or developmental disability or related 
170.22 	condition, the provisions of chapter 260C apply.
170.23 	(e) The paramount consideration in all proceedings concerning a child in voluntary foster 
170.24 	care for treatment is the safety, health, and the best interests of the child. The purpose of 
170.25 	this chapter is:
170.26 	(1) to ensure a child with a disability is provided the services necessary to treat or 
170.27 	ameliorate the symptoms of the child's disability;
170.28 	(2) to preserve and strengthen the child's family ties whenever possible and in the child's 
170.29 	best interests, approving the child's placement away from the child's parents only when the 
170.30 	child's need for care or treatment requires it and the child cannot be maintained in the home 
170.31 	of the parent; and
170.32 	(3) to ensure the child's parent retains legal custody of the child and associated 
170.33 	decision-making authority unless the child's parent willfully fails or is unable to make 
171.1 	decisions that meet the child's safety, health, and best interests. The court may not find that 
171.2 	the parent willfully fails or is unable to make decisions that meet the child's needs solely 
171.3 	because the parent disagrees with the agency's choice of foster care facility, unless the 
171.4 	agency files a petition under chapter 260C, and establishes by clear and convincing evidence 
171.5 	that the child is in need of protection or services.
171.6 	(f) The legal parent-child relationship shall be supported under this chapter by maintaining 
171.7 	the parent's legal authority and responsibility for ongoing planning for the child and by the 
171.8 	agency's assisting the parent, where necessary, to exercise the parent's ongoing right and 
171.9 	obligation to visit or to have reasonable contact with the child. Ongoing planning means:
171.10 	(1) actively participating in the planning and provision of educational services, medical, 
171.11 	and dental care for the child;
171.12 	(2) actively planning and participating with the agency and the foster care facility for 
171.13 	the child's treatment needs; and
171.14 	(3) planning to meet the child's need for safety, stability, and permanency, and the child's 
171.15 	need to stay connected to the child's family and community.
171.16 	(g) The provisions of section 260.012 to ensure placement prevention, family 
171.17 	reunification, and all active and reasonable effort requirements of that section apply. This 
171.18 	chapter shall be construed consistently with the requirements of the Indian Child Welfare 
171.19 	Act of 1978, United States Code, title 25, section 1901, et al., and the provisions of the 
171.20 	Minnesota Indian Family Preservation Act, sections 260.751 to 260.835.

171.21 	Sec. 128. Minnesota Statutes 2018, section 260D.02, subdivision 3, is amended to read:
171.22 		Subd. 3.Case plan. "Case plan" means any plan for the delivery of services to a child 
171.23 	and parent, or when reunification is not required, the child alone, that is developed according 
171.24 	to the requirements of sections 245.4871, subdivision 19 or 21; 245.492, subdivision 16; 
171.25 	256B.092; and260C.212, subdivision 1; 626.556, subdivision 10; and Minnesota Rules, 
171.26 	parts 9525.0004 to 9525.0016.

171.27 	Sec. 129. Minnesota Statutes 2018, section 260D.02, subdivision 5, is amended to read:
171.28 		Subd. 5.Child in voluntary foster care for treatment. "Child in voluntary foster care 
171.29 	for treatment" means a child who is emotionally disturbed or developmentally disabled or 
171.30 	has a related condition and is in foster care under a voluntary foster care agreement between 
171.31 	the child's parent and the agency due to concurrence between the agency and the parent 
171.32 	when it is determined that foster care is medically necessary:
172.1 	(1) due to a determination by the agency's screening team based on its review of the 
172.2 	diagnostic and functional assessment under section 245.4885; or
172.3 	(2) due to a determination by the agency's screening team under section 256B.092 and 
172.4 	Minnesota Rules, parts 9525.0004 to 9525.0016.
172.5 	A child is not in voluntary foster care for treatment under this chapter when there is a 
172.6 	current determination under section 626.556 chapter 260A that the child requires child 
172.7 	protective services or when the child is in foster care for any reason other than the child's 
172.8 	emotional or developmental disability or related condition.

172.9 	Sec. 130. Minnesota Statutes 2019 Supplement, section 299C.093, is amended to read:
172.10 	299C.093 DATABASE OF REGISTERED PREDATORY OFFENDERS.
172.11 	The superintendent of the Bureau of Criminal Apprehension shall maintain a 
172.12 	computerized data system relating to individuals required to register as predatory offenders 
172.13 	under section 243.166. To the degree feasible, the system must include the data required to 
172.14 	be provided under section 243.166, subdivisions 4, 4a, and 4b, and indicate the time period 
172.15 	that the person is required to register. The superintendent shall maintain this data in a manner 
172.16 	that ensures that it is readily available to law enforcement agencies. This data is private data 
172.17 	on individuals under section 13.02, subdivision 12, but may be used for law enforcement 
172.18 	and corrections purposes. Law enforcement or a corrections agent may disclose the status 
172.19 	of an individual as a predatory offender to a child protection worker with a local welfare 
172.20 	agency for purposes of doing a family assessment under section 626.556 chapter 260A. A 
172.21 	corrections agent may also disclose the status of an individual as a predatory offender to 
172.22 	comply with section 244.057. The commissioner of human services has access to the data 
172.23 	for state-operated services, as defined in section 246.014, for the purposes described in 
172.24 	section 246.13, subdivision 2, paragraph (b), and for purposes of conducting background 
172.25 	studies under chapter 245C.

172.26 	Sec. 131. Minnesota Statutes 2018, section 388.051, subdivision 2, is amended to read:
172.27 		Subd. 2.Special provisions. (a) In Anoka, Carver, Dakota, Hennepin, Scott, and 
172.28 	Washington Counties, only the county attorney shall prosecute gross misdemeanor violations 
172.29 	of sections 289A.63, subdivisions 1, 2, 4, and 6; 297B.10; 609.255, subdivision 3; 609.377; 
172.30 	609.378; 609.41; and 617.247.
172.31 	(b) In Ramsey County, only the county attorney shall prosecute gross misdemeanor 
172.32 	violations of sections 609.255, subdivision 3; 609.377; and 609.378.
173.1 	(c) The county attorney shall prosecute failure to report physical or sexual child abuse 
173.2 	or neglect as provided under section 626.556, subdivision 6, 260A.25, paragraphs (a), (b), 
173.3 	and (c), violations of fifth-degree criminal sexual conduct under section 609.3451, and 
173.4 	environmental law violations under sections 115.071, 299F.098, and 609.671.
173.5 	(d) Except in Hennepin and Ramsey Counties, only the county attorney shall prosecute 
173.6 	gross misdemeanor violations of section 152.025.

173.7 	Sec. 132. Minnesota Statutes 2018, section 518.165, subdivision 2, is amended to read:
173.8 		Subd. 2.Required appointment of guardian ad litem. In all proceedings for child 
173.9 	custody or for marriage dissolution or legal separation in which custody or parenting time 
173.10 	with a minor child is an issue, if the court has reason to believe that the minor child is a 
173.11 	victim of domestic child abuse or neglect, as those terms are defined in sections section
173.12 	260C.007 and 626.556 chapter 260A, respectively, the court shall appoint a guardian ad 
173.13 	litem. The guardian ad litem shall represent the interests of the child and advise the court 
173.14 	with respect to custody and parenting time. If the child is represented by a guardian ad litem 
173.15 	in any other pending proceeding, the court may appoint that guardian to represent the child 
173.16 	in the custody or parenting time proceeding. No guardian ad litem need be appointed if the 
173.17 	alleged domestic child abuse or neglect is before the court on a juvenile dependency and 
173.18 	neglect petition. Nothing in this subdivision requires the court to appoint a guardian ad litem 
173.19 	in any proceeding for child custody, marriage dissolution, or legal separation in which an 
173.20 	allegation of domestic child abuse or neglect has not been made.

173.21 	Sec. 133. Minnesota Statutes 2018, section 518.165, subdivision 5, is amended to read:
173.22 		Subd. 5.Procedure, criminal history, and maltreatment records background 
173.23 	study. (a) When the court requests a background study under subdivision 4, paragraph (a), 
173.24 	the request shall be submitted to the Department of Human Services through the department's 
173.25 	electronic online background study system.
173.26 	(b) When the court requests a search of the National Criminal Records Repository, the 
173.27 	court must provide a set of classifiable fingerprints of the subject of the study on a fingerprint 
173.28 	card provided by the commissioner of human services.
173.29 	(c) The commissioner of human services shall provide the court with criminal history 
173.30 	data as defined in section 13.87 from the Bureau of Criminal Apprehension in the Department 
173.31 	of Public Safety, other criminal history data held by the commissioner of human services, 
173.32 	and data regarding substantiated maltreatment of a minor under section 626.556 chapter 
173.33 	260A, and substantiated maltreatment of a vulnerable adult under section 626.557, within 
174.1 	15 working days of receipt of a request. If the subject of the study has been determined by 
174.2 	the Department of Human Services or the Department of Health to be the perpetrator of 
174.3 	substantiated maltreatment of a minor or vulnerable adult in a licensed facility, the response 
174.4 	must include a copy of the public portion of the investigation memorandum under section 
174.5 	626.556, subdivision 10f 260A.52, or the public portion of the investigation memorandum 
174.6 	under section 626.557, subdivision 12b. When the background study shows that the subject 
174.7 	has been determined by a county adult protection or child protection agency to have been 
174.8 	responsible for maltreatment, the court shall be informed of the county, the date of the 
174.9 	finding, and the nature of the maltreatment that was substantiated. The commissioner shall 
174.10 	provide the court with information from the National Criminal Records Repository within 
174.11 	three working days of the commissioner's receipt of the data. When the commissioner finds 
174.12 	no criminal history or substantiated maltreatment on a background study subject, the 
174.13 	commissioner shall make these results available to the court electronically through the 
174.14 	secure online background study system.
174.15 	(d) Notwithstanding section 626.556, subdivision 10f, 260A.52 or 626.557, subdivision 
174.16 	12b, if the commissioner or county lead agency or lead investigative agency has information 
174.17 	that a person on whom a background study was previously done under this section has been 
174.18 	determined to be a perpetrator of maltreatment of a minor or vulnerable adult, the 
174.19 	commissioner or the county may provide this information to the court that requested the 
174.20 	background study.

174.21 	Sec. 134. Minnesota Statutes 2018, section 524.5-118, subdivision 2, is amended to read:
174.22 		Subd. 2.Procedure; criminal history and maltreatment records background 
174.23 	check. (a) The court shall request the commissioner of human services to complete a 
174.24 	background study under section 245C.32. The request must be accompanied by the applicable 
174.25 	fee and the signed consent of the subject of the study authorizing the release of the data 
174.26 	obtained to the court. If the court is requesting a search of the National Criminal Records 
174.27 	Repository, the request must be accompanied by a set of classifiable fingerprints of the 
174.28 	subject of the study. The fingerprints must be recorded on a fingerprint card provided by 
174.29 	the commissioner of human services.
174.30 	(b) The commissioner of human services shall provide the court with criminal history 
174.31 	data as defined in section 13.87 from the Bureau of Criminal Apprehension in the Department 
174.32 	of Public Safety, other criminal history data held by the commissioner of human services, 
174.33 	and data regarding substantiated maltreatment of vulnerable adults under section 626.557 
174.34 	and substantiated maltreatment of minors under section 626.556 chapter 260A within 15 
175.1 	working days of receipt of a request. If the subject of the study has been the perpetrator of 
175.2 	substantiated maltreatment of a vulnerable adult or minor, the response must include a copy 
175.3 	of the public portion of the investigation memorandum under section 626.557, subdivision 
175.4 	12b, or the public portion of the investigation memorandum under section 626.556, 
175.5 	subdivision 10f 260A.52. If the court did not request a search of the National Criminal 
175.6 	Records Repository and information from the Bureau of Criminal Apprehension indicates 
175.7 	that the subject is a multistate offender or that multistate offender status is undetermined, 
175.8 	the response must include this information. The commissioner shall provide the court with 
175.9 	information from the National Criminal Records Repository within three working days of 
175.10 	the commissioner's receipt of the data.
175.11 	(c) Notwithstanding section 260A.52 or626.557, subdivision 12b, or 626.556, subdivision 
175.12 	10f, if the commissioner of human services or a county lead agency or lead investigative 
175.13 	agency has information that a person on whom a background study was previously done 
175.14 	under this section has been determined to be a perpetrator of maltreatment of a vulnerable 
175.15 	adult or minor, the commissioner or the county may provide this information to the court 
175.16 	that requested the background study. The commissioner may also provide the court with 
175.17 	additional criminal history or substantiated maltreatment information that becomes available 
175.18 	after the background study is done.

175.19 	Sec. 135. Minnesota Statutes 2018, section 595.02, subdivision 1, is amended to read:
175.20 		Subdivision 1.Competency of witnesses. Every person of sufficient understanding, 
175.21 	including a party, may testify in any action or proceeding, civil or criminal, in court or 
175.22 	before any person who has authority to receive evidence, except as provided in this 
175.23 	subdivision:
175.24 	(a) A husband cannot be examined for or against his wife without her consent, nor a 
175.25 	wife for or against her husband without his consent, nor can either, during the marriage or 
175.26 	afterwards, without the consent of the other, be examined as to any communication made 
175.27 	by one to the other during the marriage. This exception does not apply to a civil action or 
175.28 	proceeding by one against the other, nor to a criminal action or proceeding for a crime 
175.29 	committed by one against the other or against a child of either or against a child under the 
175.30 	care of either spouse, nor to a criminal action or proceeding in which one is charged with 
175.31 	homicide or an attempt to commit homicide and the date of the marriage of the defendant 
175.32 	is subsequent to the date of the offense, nor to an action or proceeding for nonsupport, 
175.33 	neglect, dependency, or termination of parental rights.
176.1 	(b) An attorney cannot, without the consent of the attorney's client, be examined as to 
176.2 	any communication made by the client to the attorney or the attorney's advice given thereon 
176.3 	in the course of professional duty; nor can any employee of the attorney be examined as to 
176.4 	the communication or advice, without the client's consent.
176.5 	(c) A member of the clergy or other minister of any religion shall not, without the consent 
176.6 	of the party making the confession, be allowed to disclose a confession made to the member 
176.7 	of the clergy or other minister in a professional character, in the course of discipline enjoined 
176.8 	by the rules or practice of the religious body to which the member of the clergy or other 
176.9 	minister belongs; nor shall a member of the clergy or other minister of any religion be 
176.10 	examined as to any communication made to the member of the clergy or other minister by 
176.11 	any person seeking religious or spiritual advice, aid, or comfort or advice given thereon in 
176.12 	the course of the member of the clergy's or other minister's professional character, without 
176.13 	the consent of the person.
176.14 	(d) A licensed physician or surgeon, dentist, or chiropractor shall not, without the consent 
176.15 	of the patient, be allowed to disclose any information or any opinion based thereon which 
176.16 	the professional acquired in attending the patient in a professional capacity, and which was 
176.17 	necessary to enable the professional to act in that capacity; after the decease of the patient, 
176.18 	in an action to recover insurance benefits, where the insurance has been in existence two 
176.19 	years or more, the beneficiaries shall be deemed to be the personal representatives of the 
176.20 	deceased person for the purpose of waiving this privilege, and no oral or written waiver of 
176.21 	the privilege shall have any binding force or effect except when made upon the trial or 
176.22 	examination where the evidence is offered or received.
176.23 	(e) A public officer shall not be allowed to disclose communications made to the officer 
176.24 	in official confidence when the public interest would suffer by the disclosure.
176.25 	(f) Persons of unsound mind and persons intoxicated at the time of their production for 
176.26 	examination are not competent witnesses if they lack capacity to remember or to relate 
176.27 	truthfully facts respecting which they are examined.
176.28 	(g) A registered nurse, psychologist, consulting psychologist, or licensed social worker 
176.29 	engaged in a psychological or social assessment or treatment of an individual at the 
176.30 	individual's request shall not, without the consent of the professional's client, be allowed to 
176.31 	disclose any information or opinion based thereon which the professional has acquired in 
176.32 	attending the client in a professional capacity, and which was necessary to enable the 
176.33 	professional to act in that capacity. Nothing in this clause exempts licensed social workers 
177.1 	from compliance with the provisions of sections 626.556 and section626.557 and chapter 
177.2 	260A.
177.3 	(h) An interpreter for a person disabled in communication shall not, without the consent 
177.4 	of the person, be allowed to disclose any communication if the communication would, if 
177.5 	the interpreter were not present, be privileged. For purposes of this section, a "person disabled 
177.6 	in communication" means a person who, because of a hearing, speech or other communication 
177.7 	disorder, or because of the inability to speak or comprehend the English language, is unable 
177.8 	to understand the proceedings in which the person is required to participate. The presence 
177.9 	of an interpreter as an aid to communication does not destroy an otherwise existing privilege.
177.10 	(i) Licensed chemical dependency counselors shall not disclose information or an opinion 
177.11 	based on the information which they acquire from persons consulting them in their 
177.12 	professional capacities, and which was necessary to enable them to act in that capacity, 
177.13 	except that they may do so:
177.14 	(1) when informed consent has been obtained in writing, except in those circumstances 
177.15 	in which not to do so would violate the law or would result in clear and imminent danger 
177.16 	to the client or others;
177.17 	(2) when the communications reveal the contemplation or ongoing commission of a 
177.18 	crime; or
177.19 	(3) when the consulting person waives the privilege by bringing suit or filing charges 
177.20 	against the licensed professional whom that person consulted.
177.21 	(j) A parent or the parent's minor child may not be examined as to any communication 
177.22 	made in confidence by the minor to the minor's parent. A communication is confidential if 
177.23 	made out of the presence of persons not members of the child's immediate family living in 
177.24 	the same household. This exception may be waived by express consent to disclosure by a 
177.25 	parent entitled to claim the privilege or by the child who made the communication or by 
177.26 	failure of the child or parent to object when the contents of a communication are demanded. 
177.27 	This exception does not apply to a civil action or proceeding by one spouse against the other 
177.28 	or by a parent or child against the other, nor to a proceeding to commit either the child or 
177.29 	parent to whom the communication was made or to place the person or property or either 
177.30 	under the control of another because of an alleged mental or physical condition, nor to a 
177.31 	criminal action or proceeding in which the parent is charged with a crime committed against 
177.32 	the person or property of the communicating child, the parent's spouse, or a child of either 
177.33 	the parent or the parent's spouse, or in which a child is charged with a crime or act of 
177.34 	delinquency committed against the person or property of a parent or a child of a parent, nor 
178.1 	to an action or proceeding for termination of parental rights, nor any other action or 
178.2 	proceeding on a petition alleging child abuse, child neglect, abandonment or nonsupport 
178.3 	by a parent.
178.4 	(k) Sexual assault counselors may not be allowed to disclose any opinion or information 
178.5 	received from or about the victim without the consent of the victim. However, a counselor 
178.6 	may be compelled to identify or disclose information in investigations or proceedings related 
178.7 	to neglect or termination of parental rights if the court determines good cause exists. In 
178.8 	determining whether to compel disclosure, the court shall weigh the public interest and need 
178.9 	for disclosure against the effect on the victim, the treatment relationship, and the treatment 
178.10 	services if disclosure occurs. Nothing in this clause exempts sexual assault counselors from 
178.11 	compliance with the provisions of sections 626.556 and section626.557 and chapter 260A.
178.12 	"Sexual assault counselor" for the purpose of this section means a person who has 
178.13 	undergone at least 40 hours of crisis counseling training and works under the direction of 
178.14 	a supervisor in a crisis center, whose primary purpose is to render advice, counseling, or 
178.15 	assistance to victims of sexual assault.
178.16 	(l) A domestic abuse advocate may not be compelled to disclose any opinion or 
178.17 	information received from or about the victim without the consent of the victim unless 
178.18 	ordered by the court. In determining whether to compel disclosure, the court shall weigh 
178.19 	the public interest and need for disclosure against the effect on the victim, the relationship 
178.20 	between the victim and domestic abuse advocate, and the services if disclosure occurs. 
178.21 	Nothing in this paragraph exempts domestic abuse advocates from compliance with the 
178.22 	provisions of sections 626.556 and section626.557 and chapter 260A.
178.23 	For the purposes of this section, "domestic abuse advocate" means an employee or 
178.24 	supervised volunteer from a community-based battered women's shelter and domestic abuse 
178.25 	program eligible to receive grants under section 611A.32; that provides information, 
178.26 	advocacy, crisis intervention, emergency shelter, or support to victims of domestic abuse 
178.27 	and who is not employed by or under the direct supervision of a law enforcement agency, 
178.28 	a prosecutor's office, or by a city, county, or state agency.
178.29 	(m) A person cannot be examined as to any communication or document, including 
178.30 	work notes, made or used in the course of or because of mediation pursuant to an agreement 
178.31 	to mediate or a collaborative law process pursuant to an agreement to participate in 
178.32 	collaborative law. This does not apply to the parties in the dispute in an application to a 
178.33 	court by a party to have a mediated settlement agreement or a stipulated agreement resulting 
178.34 	from the collaborative law process set aside or reformed. A communication or document 
179.1 	otherwise not privileged does not become privileged because of this paragraph. This 
179.2 	paragraph is not intended to limit the privilege accorded to communication during mediation 
179.3 	or collaborative law by the common law.
179.4 	(n) A child under ten years of age is a competent witness unless the court finds that the 
179.5 	child lacks the capacity to remember or to relate truthfully facts respecting which the child 
179.6 	is examined. A child describing any act or event may use language appropriate for a child 
179.7 	of that age.
179.8 	(o) A communication assistant for a telecommunications relay system for persons who 
179.9 	have communication disabilities shall not, without the consent of the person making the 
179.10 	communication, be allowed to disclose communications made to the communication assistant 
179.11 	for the purpose of relaying.

179.12 	Sec. 136. Minnesota Statutes 2018, section 595.02, subdivision 2, is amended to read:
179.13 		Subd. 2.Exceptions. (a) The exception provided by paragraphs (d) and (g) of subdivision 
179.14 	1 shall not apply to any testimony, records, or other evidence relating to the abuse or neglect 
179.15 	of a minor in any proceeding under chapter 260 or any proceeding under section 245A.08, 
179.16 	to revoke a day care or foster care license, arising out of the neglect or physical or sexual 
179.17 	abuse of a minor, as defined in section 626.556, subdivision 2 260A.20.
179.18 	(b) The exception provided by paragraphs (d) and (g) of subdivision 1 shall not apply 
179.19 	to criminal proceedings arising out of the neglect or physical or sexual abuse of a minor, 
179.20 	as defined in section 626.556, subdivision 2 260A.20, if the court finds that:
179.21 	(1) there is a reasonable likelihood that the records in question will disclose material 
179.22 	information or evidence of substantial value in connection with the investigation or 
179.23 	prosecution; and
179.24 	(2) there is no other practicable way of obtaining the information or evidence. This 
179.25 	clause shall not be construed to prohibit disclosure of the patient record when it supports 
179.26 	the otherwise uncorroborated statements of any material fact by a minor alleged to have 
179.27 	been abused or neglected by the patient; and
179.28 	(3) the actual or potential injury to the patient-health professional relationship in the 
179.29 	treatment program affected, and the actual or potential harm to the ability of the program 
179.30 	to attract and retain patients, is outweighed by the public interest in authorizing the disclosure 
179.31 	sought.
179.32 	No records may be disclosed under this paragraph other than the records of the specific 
179.33 	patient suspected of the neglect or abuse of a minor. Disclosure and dissemination of any 
180.1 	information from a patient record shall be limited under the terms of the order to assure that 
180.2 	no information will be disclosed unnecessarily and that dissemination will be no wider than 
180.3 	necessary for purposes of the investigation or prosecution.

180.4 	Sec. 137. Minnesota Statutes 2018, section 609.26, subdivision 7, is amended to read:
180.5 		Subd. 7.Reporting of deprivation of parental rights. Any violation of this section 
180.6 	shall be reported pursuant to section 626.556, subdivision 3a 260A.28, subdivision 2.

180.7 	Sec. 138. Minnesota Statutes 2018, section 609.3457, subdivision 2, is amended to read:
180.8 		Subd. 2.Access to data. Notwithstanding sections 13.384, 13.85, 144.291 to 144.298, 
180.9 	260B.171, 260C.171, or 626.556, the assessor has access to the following private or 
180.10 	confidential data on the person if access is relevant and necessary for the assessment:
180.11 	(1) medical data under section 13.384;
180.12 	(2) corrections and detention data under section 13.85;
180.13 	(3) health records under sections 144.291 to 144.298;
180.14 	(4) juvenile court records under sections 260B.171 and 260C.171; and
180.15 	(5) local welfare agency records under section 626.556 chapter 260A.
180.16 	Data disclosed under this section may be used only for purposes of the assessment and 
180.17 	may not be further disclosed to any other person, except as authorized by law.

180.18 	Sec. 139. Minnesota Statutes 2018, section 609.379, subdivision 2, is amended to read:
180.19 		Subd. 2.Applicability. This section applies to sections 260B.425, 260C.425, 609.255, 
180.20 	609.376, and609.378, and 626.556 and chapter 260A.

180.21 	Sec. 140. Minnesota Statutes 2018, section 609.507, is amended to read:
180.22 	609.507 FALSELY REPORTING CHILD ABUSE.
180.23 	A person is guilty of a misdemeanor who:
180.24 	(1) informs another person that a person has committed sexual abuse, physical abuse, 
180.25 	or neglect of a child, as defined in section 626.556, subdivision 2 260A.20;
180.26 	(2) knows that the allegation is false or is without reason to believe that the alleged 
180.27 	abuser committed the abuse or neglect; and
180.28 	(3) has the intent that the information influence a child custody hearing.

181.1 	Sec. 141. Minnesota Statutes 2018, section 609.7495, subdivision 1, is amended to read:
181.2 		Subdivision 1.Definitions. For the purposes of this section, the following terms have 
181.3 	the meanings given them.
181.4 	(a) "Facility" means any of the following:
181.5 	(1) a hospital or other health institution licensed under sections 144.50 to 144.56;
181.6 	(2) a medical facility as defined in section 144.561;
181.7 	(3) an agency, clinic, or office operated under the direction of or under contract with the 
181.8 	commissioner of health or a community health board, as defined in section 145A.02;
181.9 	(4) a facility providing counseling regarding options for medical services or recovery 
181.10 	from an addiction;
181.11 	(5) a facility providing emergency shelter services for battered women, as defined in 
181.12 	section 611A.31, subdivision 3, or a facility providing transitional housing for battered 
181.13 	women and their children;
181.14 	(6) a facility as defined in section 626.556, subdivision 2, paragraph (c) 260A.20, 
181.15 	subdivision 6;
181.16 	(7) a facility as defined in section 626.5572, subdivision 6, where the services described 
181.17 	in that paragraph are provided;
181.18 	(8) a place to or from which ambulance service, as defined in section 144E.001, is 
181.19 	provided or sought to be provided; and
181.20 	(9) a hospice provider licensed under section 144A.753.
181.21 	(b) "Aggrieved party" means a person whose access to or egress from a facility is 
181.22 	obstructed in violation of subdivision 2, or the facility.

181.23 	Sec. 142. Minnesota Statutes 2018, section 611A.203, subdivision 4, is amended to read:
181.24 		Subd. 4.Duties; access to data. (a) The domestic fatality review team shall collect, 
181.25 	review, and analyze death certificates and death data, including investigative reports, medical 
181.26 	and counseling records, victim service records, employment records, child abuse reports, 
181.27 	or other information concerning domestic violence deaths, survivor interviews and surveys, 
181.28 	and other information deemed by the team as necessary and appropriate concerning the 
181.29 	causes and manner of domestic violence deaths.
181.30 	(b) The review team has access to the following not public data, as defined in section 
181.31 	13.02, subdivision 8a, relating to a case being reviewed by the team: inactive law enforcement 
182.1 	investigative data under section 13.82; autopsy records and coroner or medical examiner 
182.2 	investigative data under section 13.83; hospital, public health, or other medical records of 
182.3 	the victim under section 13.384; records under section 13.46, created by social service 
182.4 	agencies that provided services to the victim, the alleged perpetrator, or another victim who 
182.5 	experienced or was threatened with domestic abuse by the perpetrator; and child maltreatment 
182.6 	records under section 626.556 chapter 260A, relating to the victim or a family or household 
182.7 	member of the victim. Access to medical records under this paragraph also includes records 
182.8 	governed by sections 144.291 to 144.298. The review team has access to corrections and 
182.9 	detention data as provided in section 13.85.
182.10 	(c) As part of any review, the domestic fatality review team may compel the production 
182.11 	of other records by applying to the district court for a subpoena, which will be effective 
182.12 	throughout the state according to the Rules of Civil Procedure.

182.13 	Sec. 143. Minnesota Statutes 2018, section 611A.90, subdivision 1, is amended to read:
182.14 		Subdivision 1.Definition. For purposes of this section, "physical abuse" and "sexual 
182.15 	abuse" have the meanings given in section 626.556, subdivision 2 260A.20, except that 
182.16 	abuse is not limited to acts by a person responsible for the child's care or in a significant 
182.17 	relationship with the child or position of authority.

182.18 	Sec. 144. Minnesota Statutes 2018, section 626.557, subdivision 9d, is amended to read:
182.19 		Subd. 9d.Administrative reconsideration; review panel. (a) Except as provided under 
182.20 	paragraph (e), any individual or facility which a lead investigative agency determines has 
182.21 	maltreated a vulnerable adult, or the vulnerable adult or an interested person acting on behalf 
182.22 	of the vulnerable adult, regardless of the lead investigative agency's determination, who 
182.23 	contests the lead investigative agency's final disposition of an allegation of maltreatment, 
182.24 	may request the lead investigative agency to reconsider its final disposition. The request 
182.25 	for reconsideration must be submitted in writing to the lead investigative agency within 15 
182.26 	calendar days after receipt of notice of final disposition or, if the request is made by an 
182.27 	interested person who is not entitled to notice, within 15 days after receipt of the notice by 
182.28 	the vulnerable adult or the vulnerable adult's guardian or health care agent. If mailed, the 
182.29 	request for reconsideration must be postmarked and sent to the lead investigative agency 
182.30 	within 15 calendar days of the individual's or facility's receipt of the final disposition. If the 
182.31 	request for reconsideration is made by personal service, it must be received by the lead 
182.32 	investigative agency within 15 calendar days of the individual's or facility's receipt of the 
182.33 	final disposition. An individual who was determined to have maltreated a vulnerable adult 
183.1 	under this section and who was disqualified on the basis of serious or recurring maltreatment 
183.2 	under sections 245C.14 and 245C.15, may request reconsideration of the maltreatment 
183.3 	determination and the disqualification. The request for reconsideration of the maltreatment 
183.4 	determination and the disqualification must be submitted in writing within 30 calendar days 
183.5 	of the individual's receipt of the notice of disqualification under sections 245C.16 and 
183.6 	245C.17. If mailed, the request for reconsideration of the maltreatment determination and 
183.7 	the disqualification must be postmarked and sent to the lead investigative agency within 30 
183.8 	calendar days of the individual's receipt of the notice of disqualification. If the request for 
183.9 	reconsideration is made by personal service, it must be received by the lead investigative 
183.10 	agency within 30 calendar days after the individual's receipt of the notice of disqualification.
183.11 	(b) Except as provided under paragraphs (e) and (f), if the lead investigative agency 
183.12 	denies the request or fails to act upon the request within 15 working days after receiving 
183.13 	the request for reconsideration, the person or facility entitled to a fair hearing under section 
183.14 	256.045, may submit to the commissioner of human services a written request for a hearing 
183.15 	under that statute. The vulnerable adult, or an interested person acting on behalf of the 
183.16 	vulnerable adult, may request a review by the Vulnerable Adult Maltreatment Review Panel 
183.17 	under section 256.021 if the lead investigative agency denies the request or fails to act upon 
183.18 	the request, or if the vulnerable adult or interested person contests a reconsidered disposition. 
183.19 	The lead investigative agency shall notify persons who request reconsideration of their 
183.20 	rights under this paragraph. The request must be submitted in writing to the review panel 
183.21 	and a copy sent to the lead investigative agency within 30 calendar days of receipt of notice 
183.22 	of a denial of a request for reconsideration or of a reconsidered disposition. The request 
183.23 	must specifically identify the aspects of the lead investigative agency determination with 
183.24 	which the person is dissatisfied.
183.25 	(c) If, as a result of a reconsideration or review, the lead investigative agency changes 
183.26 	the final disposition, it shall notify the parties specified in subdivision 9c, paragraph (f).
183.27 	(d) For purposes of this subdivision, "interested person acting on behalf of the vulnerable 
183.28 	adult" means a person designated in writing by the vulnerable adult to act on behalf of the 
183.29 	vulnerable adult, or a legal guardian or conservator or other legal representative, a proxy 
183.30 	or health care agent appointed under chapter 145B or 145C, or an individual who is related 
183.31 	to the vulnerable adult, as defined in section 245A.02, subdivision 13.
183.32 	(e) If an individual was disqualified under sections 245C.14 and 245C.15, on the basis 
183.33 	of a determination of maltreatment, which was serious or recurring, and the individual has 
183.34 	requested reconsideration of the maltreatment determination under paragraph (a) and 
183.35 	reconsideration of the disqualification under sections 245C.21 to 245C.27, reconsideration 
184.1 	of the maltreatment determination and requested reconsideration of the disqualification 
184.2 	shall be consolidated into a single reconsideration. If reconsideration of the maltreatment 
184.3 	determination is denied and the individual remains disqualified following a reconsideration 
184.4 	decision, the individual may request a fair hearing under section 256.045. If an individual 
184.5 	requests a fair hearing on the maltreatment determination and the disqualification, the scope 
184.6 	of the fair hearing shall include both the maltreatment determination and the disqualification.
184.7 	(f) If a maltreatment determination or a disqualification based on serious or recurring 
184.8 	maltreatment is the basis for a denial of a license under section 245A.05 or a licensing 
184.9 	sanction under section 245A.07, the license holder has the right to a contested case hearing 
184.10 	under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. As provided for 
184.11 	under section 245A.08, the scope of the contested case hearing must include the maltreatment 
184.12 	determination, disqualification, and licensing sanction or denial of a license. In such cases, 
184.13 	a fair hearing must not be conducted under section 256.045. Except for family child care 
184.14 	and child foster care, reconsideration of a maltreatment determination under this subdivision, 
184.15 	and reconsideration of a disqualification under section 245C.22, must not be conducted 
184.16 	when:
184.17 	(1) a denial of a license under section 245A.05, or a licensing sanction under section 
184.18 	245A.07, is based on a determination that the license holder is responsible for maltreatment 
184.19 	or the disqualification of a license holder based on serious or recurring maltreatment;
184.20 	(2) the denial of a license or licensing sanction is issued at the same time as the 
184.21 	maltreatment determination or disqualification; and
184.22 	(3) the license holder appeals the maltreatment determination or disqualification, and 
184.23 	denial of a license or licensing sanction.
184.24 	Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment 
184.25 	determination or disqualification, but does not appeal the denial of a license or a licensing 
184.26 	sanction, reconsideration of the maltreatment determination shall be conducted under sections 
184.27 	626.556, subdivision 10i, 260A.85 and 626.557, subdivision 9d, and reconsideration of the 
184.28 	disqualification shall be conducted under section 245C.22. In such cases, a fair hearing shall 
184.29 	also be conducted as provided under sections 245C.27, 626.556, subdivision 10i 260A.85, 
184.30 	and 626.557, subdivision 9d.
184.31 	If the disqualified subject is an individual other than the license holder and upon whom 
184.32 	a background study must be conducted under chapter 245C, the hearings of all parties may 
184.33 	be consolidated into a single contested case hearing upon consent of all parties and the 
184.34 	administrative law judge.
185.1 	(g) Until August 1, 2002, an individual or facility that was determined by the 
185.2 	commissioner of human services or the commissioner of health to be responsible for neglect 
185.3 	under section 626.5572, subdivision 17, after October 1, 1995, and before August 1, 2001, 
185.4 	that believes that the finding of neglect does not meet an amended definition of neglect may 
185.5 	request a reconsideration of the determination of neglect. The commissioner of human 
185.6 	services or the commissioner of health shall mail a notice to the last known address of 
185.7 	individuals who are eligible to seek this reconsideration. The request for reconsideration 
185.8 	must state how the established findings no longer meet the elements of the definition of 
185.9 	neglect. The commissioner shall review the request for reconsideration and make a 
185.10 	determination within 15 calendar days. The commissioner's decision on this reconsideration 
185.11 	is the final agency action.
185.12 	(1) For purposes of compliance with the data destruction schedule under subdivision 
185.13 	12b, paragraph (d), when a finding of substantiated maltreatment has been changed as a 
185.14 	result of a reconsideration under this paragraph, the date of the original finding of a 
185.15 	substantiated maltreatment must be used to calculate the destruction date.
185.16 	(2) For purposes of any background studies under chapter 245C, when a determination 
185.17 	of substantiated maltreatment has been changed as a result of a reconsideration under this 
185.18 	paragraph, any prior disqualification of the individual under chapter 245C that was based 
185.19 	on this determination of maltreatment shall be rescinded, and for future background studies 
185.20 	under chapter 245C the commissioner must not use the previous determination of 
185.21 	substantiated maltreatment as a basis for disqualification or as a basis for referring the 
185.22 	individual's maltreatment history to a health-related licensing board under section 245C.31.

185.23 	Sec. 145. REVISOR INSTRUCTION.
 185.24 	The revisor of statutes shall renumber Minnesota Statutes, sections 260A.01 to 260A.07, 
185.25 	as Minnesota Statutes, sections 260E.01 to 260E.07, and shall make necessary cross-reference 
185.26 	changes in Minnesota Statutes consistent with the renumbering.

APPENDIX 

Repealed Minnesota Statutes: S1796-1 

626.556 REPORTING OF MALTREATMENT OF MINORS.Subdivision 1.Public policy. 
(a) The legislature hereby declares that the public policy of this state is to protect children whose health or welfare may be jeopardized through physical abuse, neglect, or sexual abuse. While it is recognized that most parents want to keep their children safe, sometimes circumstances or conditions interfere with their ability to do so. When this occurs, the health and safety of the children must be of paramount concern. Intervention and prevention efforts must address immediate concerns for child safety and the ongoing risk of abuse or neglect and should engage the protective capacities of families. In furtherance of this public policy, it is the intent of the legislature under this section to: 

(1) protect children and promote child safety; 

(2) strengthen the family; 

(3) make the home, school, and community safe for children by promoting responsible child care in all settings; and 

(4) provide, when necessary, a safe temporary or permanent home environment for physically or sexually abused or neglected children. 

(b) In addition, it is the policy of this state to: 

(1) require the reporting of neglect or physical or sexual abuse of children in the home, school, and community settings; 

(2) provide for the voluntary reporting of abuse or neglect of children; 

(3) require an investigation when the report alleges sexual abuse or substantial child endangerment; 

(4) provide a family assessment, if appropriate, when the report does not allege sexual abuse or substantial child endangerment; and 

(5) provide protective, family support, and family preservation services when needed in appropriate cases. 

Subd. 2.Definitions. 
As used in this section, the following terms have the meanings given them unless the specific content indicates otherwise: 

(a) "Accidental" means a sudden, not reasonably foreseeable, and unexpected occurrence or event which: 

(1) is not likely to occur and could not have been prevented by exercise of due care; and 

(2) if occurring while a child is receiving services from a facility, happens when the facility and the employee or person providing services in the facility are in compliance with the laws and rules relevant to the occurrence or event. 

(b) "Commissioner" means the commissioner of human services. 

(c) "Facility" means: 

(1) a licensed or unlicensed day care facility, certified license-exempt child care center, residential facility, agency, hospital, sanitarium, or other facility or institution required to be licensed under sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or chapter 144H, 245D, or 245H; 

(2) a school as defined in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E; or 

(3) a nonlicensed personal care provider organization as defined in section 256B.0625, subdivision 19a. 

(d) "Family assessment" means a comprehensive assessment of child safety, risk of subsequent child maltreatment, and family strengths and needs that is applied to a child maltreatment report that does not allege sexual abuse or substantial child endangerment. Family assessment does not include a determination as to whether child maltreatment occurred but does determine the need for services to address the safety of family members and the risk of subsequent maltreatment. 

(e) "Investigation" means fact gathering related to the current safety of a child and the risk of subsequent maltreatment that determines whether child maltreatment occurred and whether child protective services are needed. An investigation must be used when reports involve sexual abuse or substantial child endangerment, and for reports of maltreatment in facilities required to be licensed or certified under chapter 245A, 245D, or 245H; under sections 144.50 to 144.58 and 241.021; in a school as defined in section 120A.05, subdivisions 9, 11, and 13, and chapter 124E; or in a nonlicensed personal care provider association as defined in section 256B.0625, subdivision 19a. 

(f) "Mental injury" means an injury to the psychological capacity or emotional stability of a child as evidenced by an observable or substantial impairment in the child's ability to function within a normal range of performance and behavior with due regard to the child's culture. 

(g) "Neglect" means the commission or omission of any of the acts specified under clauses (1) to (9), other than by accidental means: 

(1) failure by a person responsible for a child's care to supply a child with necessary food, clothing, shelter, health, medical, or other care required for the child's physical or mental health when reasonably able to do so; 

(2) failure to protect a child from conditions or actions that seriously endanger the child's physical or mental health when reasonably able to do so, including a growth delay, which may be referred to as a failure to thrive, that has been diagnosed by a physician and is due to parental neglect; 

(3) failure to provide for necessary supervision or child care arrangements appropriate for a child after considering factors as the child's age, mental ability, physical condition, length of absence, or environment, when the child is unable to care for the child's own basic needs or safety, or the basic needs or safety of another child in their care; 

(4) failure to ensure that the child is educated as defined in sections 120A.22 and 260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's child with sympathomimetic medications, consistent with section 125A.091, subdivision 5; 

(5) nothing in this section shall be construed to mean that a child is neglected solely because the child's parent, guardian, or other person responsible for the child's care in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the child in lieu of medical care; except that a parent, guardian, or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report if a lack of medical care may cause serious danger to the child's health. This section does not impose upon persons, not otherwise legally responsible for providing a child with necessary food, clothing, shelter, education, or medical care, a duty to provide that care; 

(6) prenatal exposure to a controlled substance, as defined in section 253B.02, subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal symptoms in the child at birth, results of a toxicology test performed on the mother at delivery or the child at birth, medical effects or developmental delays during the child's first year of life that medically indicate prenatal exposure to a controlled substance, or the presence of a fetal alcohol spectrum disorder; 

(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5); 

(8) chronic and severe use of alcohol or a controlled substance by a parent or person responsible for the care of the child that adversely affects the child's basic needs and safety; or 

(9) emotional harm from a pattern of behavior which contributes to impaired emotional functioning of the child which may be demonstrated by a substantial and observable effect in the child's behavior, emotional response, or cognition that is not within the normal range for the child's age and stage of development, with due regard to the child's culture. 

(h) "Nonmaltreatment mistake" means: 

(1) at the time of the incident, the individual was performing duties identified in the center's child care program plan required under Minnesota Rules, part 9503.0045; 

(2) the individual has not been determined responsible for a similar incident that resulted in a finding of maltreatment for at least seven years; 

(3) the individual has not been determined to have committed a similar nonmaltreatment mistake under this paragraph for at least four years; 

(4) any injury to a child resulting from the incident, if treated, is treated only with remedies that are available over the counter, whether ordered by a medical professional or not; and 

(5) except for the period when the incident occurred, the facility and the individual providing services were both in compliance with all licensing requirements relevant to the incident. 

This definition only applies to child care centers licensed under Minnesota Rules, chapter 9503. If clauses (1) to (5) apply, rather than making a determination of substantiated maltreatment by the individual, the commissioner of human services shall determine that a nonmaltreatment mistake was made by the individual. 

(i) "Operator" means an operator or agency as defined in section 245A.02. 

(j) "Person responsible for the child's care" means (1) an individual functioning within the family unit and having responsibilities for the care of the child such as a parent, guardian, or other person having similar care responsibilities, or (2) an individual functioning outside the family unit and having responsibilities for the care of the child such as a teacher, school administrator, other school employees or agents, or other lawful custodian of a child having either full-time or short-term care responsibilities including, but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching, and coaching. 

(k) "Physical abuse" means any physical injury, mental injury, or threatened injury, inflicted by a person responsible for the child's care on a child other than by accidental means, or any physical or mental injury that cannot reasonably be explained by the child's history of injuries, or any aversive or deprivation procedures, or regulated interventions, that have not been authorized under section 125A.0942 or 245.825. 

Abuse does not include reasonable and moderate physical discipline of a child administered by a parent or legal guardian which does not result in an injury. Abuse does not include the use of reasonable force by a teacher, principal, or school employee as allowed by section 121A.582. Actions which are not reasonable and moderate include, but are not limited to, any of the following: 

(1) throwing, kicking, burning, biting, or cutting a child; 

(2) striking a child with a closed fist; 

(3) shaking a child under age three; 

(4) striking or other actions which result in any nonaccidental injury to a child under 18 months of age; 

(5) unreasonable interference with a child's breathing; 

(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6; 

(7) striking a child under age one on the face or head; 

(8) striking a child who is at least age one but under age four on the face or head, which results in an injury; 

(9) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled substances which were not prescribed for the child by a practitioner, in order to control or punish the child; or other substances that substantially affect the child's behavior, motor coordination, or judgment or that results in sickness or internal injury, or subjects the child to medical procedures that would be unnecessary if the child were not exposed to the substances; 

(10) unreasonable physical confinement or restraint not permitted under section 609.379, including but not limited to tying, caging, or chaining; or 

(11) in a school facility or school zone, an act by a person responsible for the child's care that is a violation under section 121A.58. 

(l) "Practice of social services," for the purposes of subdivision 3, includes but is not limited to employee assistance counseling and the provision of guardian ad litem and parenting time expeditor services. 

(m) "Report" means any communication received by the local welfare agency, police department, county sheriff, or agency responsible for child protection pursuant to this section that describes neglect or physical or sexual abuse of a child and contains sufficient content to identify the child and any person believed to be responsible for the neglect or abuse, if known. 

(n) "Sexual abuse" means the subjection of a child by a person responsible for the child's care, by a person who has a significant relationship to the child, as defined in section 609.341, or by a person in a current or recent position of authority, as defined in section 609.341, subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual conduct in the first degree), 609.343 (criminal sexual conduct in the second degree), 609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct in the fourth degree), 609.3451 (criminal sexual conduct in the fifth degree), or 609.352 (solicitation of children to engage in sexual conduct; communication of sexually explicit materials to children). Sexual abuse also includes any act which involves a minor which constitutes a violation of prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes all reports of known or suspected child sex trafficking involving a child who is identified as a victim of sex trafficking. Sexual abuse includes child sex trafficking as defined in section 609.321, subdivisions 7a and 7b. Sexual abuse includes threatened sexual abuse which includes the status of a parent or household member who has committed a violation which requires registration as an offender under section 243.166, subdivision 1b, paragraph (a) or (b), or required registration under section 243.166, subdivision 1b, paragraph (a) or (b). 

(o) "Substantial child endangerment" means a person responsible for a child's care, by act or omission, commits or attempts to commit an act against a child under their care that constitutes any of the following: 

(1) egregious harm as defined in section 260C.007, subdivision 14; 

(2) abandonment under section 260C.301, subdivision 2; 

(3) neglect as defined in paragraph (g), clause (2), that substantially endangers the child's physical or mental health, including a growth delay, which may be referred to as failure to thrive, that has been diagnosed by a physician and is due to parental neglect; 

(4) murder in the first, second, or third degree under section 609.185, 609.19, or 609.195; 

(5) manslaughter in the first or second degree under section 609.20 or 609.205; 

(6) assault in the first, second, or third degree under section 609.221, 609.222, or 609.223; 

(7) solicitation, inducement, and promotion of prostitution under section 609.322; 

(8) criminal sexual conduct under sections 609.342 to 609.3451; 

(9) solicitation of children to engage in sexual conduct under section 609.352; 

(10) malicious punishment or neglect or endangerment of a child under section 609.377 or 609.378; 

(11) use of a minor in sexual performance under section 617.246; or 

(12) parental behavior, status, or condition which mandates that the county attorney file a termination of parental rights petition under section 260C.503, subdivision 2. 

(p) "Threatened injury" means a statement, overt act, condition, or status that represents a substantial risk of physical or sexual abuse or mental injury. Threatened injury includes, but is not limited to, exposing a child to a person responsible for the child's care, as defined in paragraph (j), clause (1), who has: 

(1) subjected a child to, or failed to protect a child from, an overt act or condition that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a similar law of another jurisdiction; 

(2) been found to be palpably unfit under section 260C.301, subdivision 1, paragraph (b), clause (4), or a similar law of another jurisdiction; 

(3) committed an act that has resulted in an involuntary termination of parental rights under section 260C.301, or a similar law of another jurisdiction; or 

(4) committed an act that has resulted in the involuntary transfer of permanent legal and physical custody of a child to a relative under Minnesota Statutes 2010, section 260C.201, subdivision 11, paragraph (d), clause (1), section 260C.515, subdivision 4, or a similar law of another jurisdiction. 

A child is the subject of a report of threatened injury when the responsible social services agency receives birth match data under paragraph (q) from the Department of Human Services. 

(q) Upon receiving data under section 144.225, subdivision 2b, contained in a birth record or recognition of parentage identifying a child who is subject to threatened injury under paragraph (p), the Department of Human Services shall send the data to the responsible social services agency. The data is known as "birth match" data. Unless the responsible social services agency has already begun an investigation or assessment of the report due to the birth of the child or execution of the recognition of parentage and the parent's previous history with child protection, the agency shall accept the birth match data as a report under this section. The agency may use either a family assessment or investigation to determine whether the child is safe. All of the provisions of this section apply. If the child is determined to be safe, the agency shall consult with the county attorney to determine the appropriateness of filing a petition alleging the child is in need of protection or services under section 260C.007, subdivision 6, clause (16), in order to deliver needed services. If the child is determined not to be safe, the agency and the county attorney shall take appropriate action as required under section 260C.503, subdivision 2. 

(r) Persons who conduct assessments or investigations under this section shall take into account accepted child-rearing practices of the culture in which a child participates and accepted teacher discipline practices, which are not injurious to the child's health, welfare, and safety. 

Subd. 3.Persons mandated to report; persons voluntarily reporting. 
(a) A person who knows or has reason to believe a child is being neglected or physically or sexually abused, as defined in subdivision 2, or has been neglected or physically or sexually abused within the preceding three years, shall immediately report the information to the local welfare agency, agency responsible for assessing or investigating the report, police department, county sheriff, tribal social services agency, or tribal police department if the person is: 

(1) a professional or professional's delegate who is engaged in the practice of the healing arts, social services, hospital administration, psychological or psychiatric treatment, child care, education, correctional supervision, probation and correctional services, or law enforcement; or 

(2) employed as a member of the clergy and received the information while engaged in ministerial duties, provided that a member of the clergy is not required by this subdivision to report information that is otherwise privileged under section 595.02, subdivision 1, paragraph (c). 

(b) Any person may voluntarily report to the local welfare agency, agency responsible for assessing or investigating the report, police department, county sheriff, tribal social services agency, or tribal police department if the person knows, has reason to believe, or suspects a child is being or has been neglected or subjected to physical or sexual abuse. 

(c) A person mandated to report physical or sexual child abuse or neglect occurring within a licensed facility shall report the information to the agency responsible for licensing or certifying the facility under sections 144.50 to 144.58; 241.021; 245A.01 to 245A.16; or chapter 144H, 245D, or 245H; or a nonlicensed personal care provider organization as defined in section 256B.0625, subdivision 19a. A health or corrections agency receiving a report may request the local welfare agency to provide assistance pursuant to subdivisions 10, 10a, and 10b. A board or other entity whose licensees perform work within a school facility, upon receiving a complaint of alleged maltreatment, shall provide information about the circumstances of the alleged maltreatment to the commissioner of education. Section 13.03, subdivision 4, applies to data received by the commissioner of education from a licensing entity. 

(d) Notification requirements under subdivision 10 apply to all reports received under this section. 

(e) For purposes of this section, "immediately" means as soon as possible but in no event longer than 24 hours. 

Subd. 3a.Report of deprivation of parental rights or kidnapping. 
A person mandated to report under subdivision 3, who knows or has reason to know of a violation of section 609.25 or 609.26, shall report the information to the local police department or the county sheriff. Receipt by a local welfare agency of a report or notification of a report of a violation of section 609.25 or 609.26 shall not be construed to invoke the duties of subdivision 10, 10a, or 10b. 

Subd. 3b.Agency responsible for assessing or investigating reports of maltreatment. 
The Department of Education is the agency responsible for assessing or investigating allegations of child maltreatment in schools as defined in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E. The Department of Education's responsibility to assess and investigate includes allegations of maltreatment involving students 18 to 21 years of age, including students receiving special education services, up to and until graduation and the issuance of a secondary or high school diploma. 

Subd. 3c.Local welfare agency, Department of Human Services or Department of Health responsible for assessing or investigating reports of maltreatment. 
(a) The local welfare agency is the agency responsible for assessing or investigating allegations of maltreatment in child foster care, family child care, legally nonlicensed child care, and reports involving children served by an unlicensed personal care provider organization under section 256B.0659. Copies of findings related to personal care provider organizations under section 256B.0659 must be forwarded to the Department of Human Services provider enrollment. 

(b) The Department of Human Services is the agency responsible for assessing or investigating allegations of maltreatment in juvenile correctional facilities listed under section 241.021 located in the local welfare agency's county and in facilities licensed or certified under chapters 245A, 245D, and 245H, except for child foster care and family child care. 

(c) The Department of Health is the agency responsible for assessing or investigating allegations of child maltreatment in facilities licensed under sections 144.50 to 144.58 and 144A.43 to 144A.482 or chapter 144H. 

Subd. 3d.Authority to interview. 
The agency responsible for assessing or investigating reports of child maltreatment has the authority to interview the child, the person or persons responsible for the child's care, the alleged perpetrator, and any other person with knowledge of the abuse or neglect for the purpose of gathering the facts, assessing safety and risk to the child, and formulating a plan. 

Subd. 3e.Agency responsible for assessing or investigating reports of sexual abuse. 
The local welfare agency is the agency responsible for investigating allegations of sexual abuse if the alleged offender is the parent, guardian, sibling, or an individual functioning within the family unit as a person responsible for the child's care, or a person with a significant relationship to the child if that person resides in the child's household. The local welfare agency is also responsible for investigating when a child is identified as a victim of sex trafficking. 

Subd. 3f.Law enforcement agency responsible for investigating maltreatment. 
The local law enforcement agency has responsibility for investigating any report of child maltreatment if a violation of a criminal statute is alleged. Law enforcement and the responsible agency must coordinate their investigations or assessments as required under subdivision 10. 

Subd. 4.Immunity from liability. 
(a) The following persons are immune from any civil or criminal liability that otherwise might result from their actions, if they are acting in good faith: 

(1) any person making a voluntary or mandated report under subdivision 3 or under section 626.5561 or assisting in an assessment under this section or under section 626.5561; 

(2) any person with responsibility for performing duties under this section or supervisor employed by a local welfare agency, the commissioner of an agency responsible for operating or supervising a licensed or unlicensed day care facility, residential facility, agency, hospital, sanitarium, or other facility or institution required to be licensed or certified under sections 144.50 to 144.58; 241.021; 245A.01 to 245A.16; or chapter 245B or 245H; or a school as defined in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E; or a nonlicensed personal care provider organization as defined in section 256B.0625, subdivision 19a, complying with subdivision 10d; and 

(3) any public or private school, facility as defined in subdivision 2, or the employee of any public or private school or facility who permits access by a local welfare agency, the Department of Education, or a local law enforcement agency and assists in an investigation or assessment pursuant to subdivision 10 or under section 626.5561. 

(b) A person who is a supervisor or person with responsibility for performing duties under this section employed by a local welfare agency, the commissioner of human services, or the commissioner of education complying with subdivisions 10 and 11 or section 626.5561 or any related rule or provision of law is immune from any civil or criminal liability that might otherwise result from the person's actions, if the person is (1) acting in good faith and exercising due care, or (2) acting in good faith and following the information collection procedures established under subdivision 10, paragraphs (h), (i), and (j). 

(c) This subdivision does not provide immunity to any person for failure to make a required report or for committing neglect, physical abuse, or sexual abuse of a child. 

(d) If a person who makes a voluntary or mandatory report under subdivision 3 prevails in a civil action from which the person has been granted immunity under this subdivision, the court may award the person attorney fees and costs. 

Subd. 4a.Retaliation prohibited. 
(a) An employer of any person required to make reports under subdivision 3 shall not retaliate against the person for reporting in good faith abuse or neglect pursuant to this section, or against a child with respect to whom a report is made, because of the report. 

(b) The employer of any person required to report under subdivision 3 who retaliates against the person because of a report of abuse or neglect is liable to that person for actual damages and, in addition, a penalty up to $10,000. 

(c) There shall be a rebuttable presumption that any adverse action within 90 days of a report is retaliatory. For purposes of this paragraph, the term "adverse action" refers to action taken by an employer of a person required to report under subdivision 3 which is involved in a report against the person making the report or the child with respect to whom the report was made because of the report, and includes, but is not limited to: 

(1) discharge, suspension, termination, or transfer from the facility, institution, school, or agency; 

(2) discharge from or termination of employment; 

(3) demotion or reduction in remuneration for services; or 

(4) restriction or prohibition of access to the facility, institution, school, agency, or persons affiliated with it. 

Subd. 5.Malicious and reckless reports. 
Any person who knowingly or recklessly makes a false report under the provisions of this section shall be liable in a civil suit for any actual damages suffered by the person or persons so reported and for any punitive damages set by the court or jury, plus costs and reasonable attorney fees. 

Subd. 6.Failure to report. 
(a) A person mandated by this section to report who knows or has reason to believe that a child is neglected or physically or sexually abused, as defined in subdivision 2, or has been neglected or physically or sexually abused within the preceding three years, and fails to report is guilty of a misdemeanor. 

(b) A person mandated by this section to report who knows or has reason to believe that two or more children not related to the perpetrator have been physically or sexually abused, as defined in subdivision 2, by the same perpetrator within the preceding ten years, and fails to report is guilty of a gross misdemeanor. 

(c) A parent, guardian, or caretaker who knows or reasonably should know that the child's health is in serious danger and who fails to report as required by subdivision 2, paragraph (g), is guilty of a gross misdemeanor if the child suffers substantial or great bodily harm because of the lack of medical care. If the child dies because of the lack of medical care, the person is guilty of a felony and may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $4,000, or both. The provision in section 609.378, subdivision 1, paragraph (a), clause (1), providing that a parent, guardian, or caretaker may, in good faith, select and depend on spiritual means or prayer for treatment or care of a child, does not exempt a parent, guardian, or caretaker from the duty to report under this subdivision. 

Subd. 6a.Failure to notify. 
If a local welfare agency receives a report under subdivision 3, paragraph (a) or (b), and fails to notify the local police department or county sheriff as required by subdivision 10, the person within the agency who is responsible for ensuring that notification is made shall be subject to disciplinary action in keeping with the agency's existing policy or collective bargaining agreement on discipline of employees. If a local police department or a county sheriff receives a report under subdivision 3, paragraph (a) or (b), and fails to notify the local welfare agency as required by subdivision 10, the person within the police department or county sheriff's office who is responsible for ensuring that notification is made shall be subject to disciplinary action in keeping with the agency's existing policy or collective bargaining agreement on discipline of employees. 

Subd. 7.Report; information provided to parent; reporter. 
(a) An oral report shall be made immediately by telephone or otherwise. An oral report made by a person required under subdivision 3 to report shall be followed within 72 hours, exclusive of weekends and holidays, by a report in writing to the appropriate police department, the county sheriff, the agency responsible for assessing or investigating the report, or the local welfare agency. 

(b) The local welfare agency shall determine if the report is to be screened in or out as soon as possible but in no event longer than 24 hours after the report is received. When determining whether a report will be screened in or out, the agency receiving the report must consider, when relevant, all previous history, including reports that were screened out. The agency may communicate with treating professionals and individuals specified under subdivision 10, paragraph (i), clause (3), item (iii). 

(c) Any report shall be of sufficient content to identify the child, any person believed to be responsible for the abuse or neglect of the child if the person is known, the nature and extent of the abuse or neglect and the name and address of the reporter. The local welfare agency or agency responsible for assessing or investigating the report shall accept a report made under subdivision 3 notwithstanding refusal by a reporter to provide the reporter's name or address as long as the report is otherwise sufficient under this paragraph. Written reports received by a police department or the county sheriff shall be forwarded immediately to the local welfare agency or the agency responsible for assessing or investigating the report. The police department or the county sheriff may keep copies of reports received by them. Copies of written reports received by a local welfare department or the agency responsible for assessing or investigating the report shall be forwarded immediately to the local police department or the county sheriff. 

(d) When requested, the agency responsible for assessing or investigating a report shall inform the reporter within ten days after the report was made, either orally or in writing, whether the report was accepted or not. If the responsible agency determines the report does not constitute a report under this section, the agency shall advise the reporter the report was screened out. Any person mandated to report shall receive a summary of the disposition of any report made by that reporter, including whether the case has been opened for child protection or other services, or if a referral has been made to a community organization, unless release would be detrimental to the best interests of the child. Any person who is not mandated to report shall, upon request to the local welfare agency, receive a concise summary of the disposition of any report made by that reporter, unless release would be detrimental to the best interests of the child. 

(e) Reports that are screened out must be maintained in accordance with subdivision 11c, paragraph (a). 

(f) A local welfare agency or agency responsible for investigating or assessing a report may use a screened-out report for making an offer of social services to the subjects of the screened-out report. A local welfare agency or agency responsible for evaluating a report alleging maltreatment of a child shall consider prior reports, including screened-out reports, to determine whether an investigation or family assessment must be conducted. 

(g) Notwithstanding paragraph (a), the commissioner of education must inform the parent, guardian, or legal custodian of the child who is the subject of a report of alleged maltreatment in a school facility within ten days of receiving the report, either orally or in writing, whether the commissioner is assessing or investigating the report of alleged maltreatment. 

(h) Regardless of whether a report is made under this subdivision, as soon as practicable after a school receives information regarding an incident that may constitute maltreatment of a child in a school facility, the school shall inform the parent, legal guardian, or custodian of the child that an incident has occurred that may constitute maltreatment of the child, when the incident occurred, and the nature of the conduct that may constitute maltreatment. 

(i) A written copy of a report maintained by personnel of agencies, other than welfare or law enforcement agencies, which are subject to chapter 13 shall be confidential. An individual subject of the report may obtain access to the original report as provided by subdivision 11. 

Subd. 7a.Guidance for screening reports. 
(a) Child protection staff, supervisors, and others involved in child protection screening shall follow the guidance provided in the child maltreatment screening guidelines issued by the commissioner of human services and, when notified by the commissioner, shall immediately implement updated procedures and protocols. 

(b) Any modifications to the screening guidelines must be preapproved by the commissioner of human services and must not be less protective of children than is mandated by statute. The county agency must consult with the county attorney before proposing modifications to the commissioner. The guidelines may provide additional protections for children but must not limit reports that are screened in or provide additional limits on consideration of reports that were screened out in making screening determinations. 

Subd. 8.Evidence not privileged. 
No evidence relating to the neglect or abuse of a child or to any prior incidents of neglect or abuse involving any of the same persons accused of neglect or abuse shall be excluded in any proceeding arising out of the alleged neglect or physical or sexual abuse on the grounds of privilege set forth in section 595.02, subdivision 1, paragraph (a), (d), or (g). 

Subd. 9.Mandatory reporting to medical examiner or coroner. 
When a person required to report under the provisions of subdivision 3 knows or has reason to believe a child has died as a result of neglect or physical or sexual abuse, the person shall report that information to the appropriate medical examiner or coroner instead of the local welfare agency, police department, or county sheriff. Medical examiners or coroners shall notify the local welfare agency or police department or county sheriff in instances in which they believe that the child has died as a result of neglect or physical or sexual abuse. The medical examiner or coroner shall complete an investigation as soon as feasible and report the findings to the police department or county sheriff and the local welfare agency. If the child was receiving services or treatment for mental illness, developmentally disabled, chemical dependency, or emotional disturbance from an agency, facility, or program as defined in section 245.91, the medical examiner or coroner shall also notify and report findings to the ombudsman established under sections 245.91 to 245.97. 

Subd. 10.Duties of local welfare agency and local law enforcement agency upon receipt of report; mandatory notification between police or sheriff and agency. 
(a) The police department or the county sheriff shall immediately notify the local welfare agency or agency responsible for child protection reports under this section orally and in writing when a report is received. The local welfare agency or agency responsible for child protection reports shall immediately notify the local police department or the county sheriff orally and in writing when a report is received. The county sheriff and the head of every local welfare agency, agency responsible for child protection reports, and police department shall each designate a person within their agency, department, or office who is responsible for ensuring that the notification duties of this paragraph are carried out. When the alleged maltreatment occurred on tribal land, the local welfare agency or agency responsible for child protection reports and the local police department or the county sheriff shall immediately notify the tribe's social services agency and tribal law enforcement orally and in writing when a report is received. When a police department or county sheriff determines that a child has been the subject of physical abuse, sexual abuse, or neglect by a person licensed by the Professional Educator Licensing and Standards Board or the Board of School Administrators, the department or sheriff shall, in addition to its other duties under this section, immediately inform the licensing board. 

(b) Upon receipt of a report, the local welfare agency shall determine whether to conduct a family assessment or an investigation as appropriate to prevent or provide a remedy for child maltreatment. The local welfare agency: 

(1) shall conduct an investigation on reports involving sexual abuse or substantial child endangerment; 

(2) shall begin an immediate investigation if, at any time when it is using a family assessment response, it determines that there is reason to believe that sexual abuse or substantial child endangerment or a serious threat to the child's safety exists; 

(3) may conduct a family assessment for reports that do not allege sexual abuse or substantial child endangerment. In determining that a family assessment is appropriate, the local welfare agency may consider issues of child safety, parental cooperation, and the need for an immediate response; 

(4) may conduct a family assessment on a report that was initially screened and assigned for an investigation. In determining that a complete investigation is not required, the local welfare agency must document the reason for terminating the investigation and notify the local law enforcement agency if the local law enforcement agency is conducting a joint investigation; and 

(5) shall provide immediate notice, according to section 260.761, subdivision 2, to an Indian child's tribe when the agency has reason to believe the family assessment or investigation may involve an Indian child. For purposes of this clause, "immediate notice" means notice provided within 24 hours. 

If the report alleges neglect, physical abuse, or sexual abuse by a parent, guardian, or individual functioning within the family unit as a person responsible for the child's care, or sexual abuse by a person with a significant relationship to the child when that person resides in the child's household or by a sibling, the local welfare agency shall immediately conduct a family assessment or investigation as identified in clauses (1) to (4). In conducting a family assessment or investigation, the local welfare agency shall gather information on the existence of substance abuse and domestic violence and offer services for purposes of preventing future child maltreatment, safeguarding and enhancing the welfare of the abused or neglected minor, and supporting and preserving family life whenever possible. If the report alleges a violation of a criminal statute involving sexual abuse, physical abuse, or neglect or endangerment, under section 609.378, the local law enforcement agency and local welfare agency shall coordinate the planning and execution of their respective investigation and assessment efforts to avoid a duplication of fact-finding efforts and multiple interviews. Each agency shall prepare a separate report of the results of its investigation or assessment. In cases of alleged child maltreatment resulting in death, the local agency may rely on the fact-finding efforts of a law enforcement investigation to make a determination of whether or not maltreatment occurred. When necessary the local welfare agency shall seek authority to remove the child from the custody of a parent, guardian, or adult with whom the child is living. In performing any of these duties, the local welfare agency shall maintain appropriate records. 

If the family assessment or investigation indicates there is a potential for abuse of alcohol or other drugs by the parent, guardian, or person responsible for the child's care, the local welfare agency shall conduct a chemical use assessment pursuant to Minnesota Rules, part 9530.6615. 

(c) When a local agency receives a report or otherwise has information indicating that a child who is a client, as defined in section 245.91, has been the subject of physical abuse, sexual abuse, or neglect at an agency, facility, or program as defined in section 245.91, it shall, in addition to its other duties under this section, immediately inform the ombudsman established under sections 245.91 to 245.97. The commissioner of education shall inform the ombudsman established under sections 245.91 to 245.97 of reports regarding a child defined as a client in section 245.91 that maltreatment occurred at a school as defined in section 120A.05, subdivisions 9, 11, and 13, and chapter 124E. 

(d) Authority of the local welfare agency responsible for assessing or investigating the child abuse or neglect report, the agency responsible for assessing or investigating the report, and of the local law enforcement agency for investigating the alleged abuse or neglect includes, but is not limited to, authority to interview, without parental consent, the alleged victim and any other minors who currently reside with or who have resided with the alleged offender. The interview may take place at school or at any facility or other place where the alleged victim or other minors might be found or the child may be transported to, and the interview conducted at, a place appropriate for the interview of a child designated by the local welfare agency or law enforcement agency. The interview may take place outside the presence of the alleged offender or parent, legal custodian, guardian, or school official. For family assessments, it is the preferred practice to request a parent or guardian's permission to interview the child prior to conducting the child interview, unless doing so would compromise the safety assessment. Except as provided in this paragraph, the parent, legal custodian, or guardian shall be notified by the responsible local welfare or law enforcement agency no later than the conclusion of the investigation or assessment that this interview has occurred. Notwithstanding rule 32 of the Minnesota Rules of Procedure for Juvenile Courts, the juvenile court may, after hearing on an ex parte motion by the local welfare agency, order that, where reasonable cause exists, the agency withhold notification of this interview from the parent, legal custodian, or guardian. If the interview took place or is to take place on school property, the order shall specify that school officials may not disclose to the parent, legal custodian, or guardian the contents of the notification of intent to interview the child on school property, as provided under this paragraph, and any other related information regarding the interview that may be a part of the child's school record. A copy of the order shall be sent by the local welfare or law enforcement agency to the appropriate school official. 

(e) When the local welfare, local law enforcement agency, or the agency responsible for assessing or investigating a report of maltreatment determines that an interview should take place on school property, written notification of intent to interview the child on school property must be received by school officials prior to the interview. The notification shall include the name of the child to be interviewed, the purpose of the interview, and a reference to the statutory authority to conduct an interview on school property. For interviews conducted by the local welfare agency, the notification shall be signed by the chair of the local social services agency or the chair's designee. The notification shall be private data on individuals subject to the provisions of this paragraph. School officials may not disclose to the parent, legal custodian, or guardian the contents of the notification or any other related information regarding the interview until notified in writing by the local welfare or law enforcement agency that the investigation or assessment has been concluded, unless a school employee or agent is alleged to have maltreated the child. Until that time, the local welfare or law enforcement agency or the agency responsible for assessing or investigating a report of maltreatment shall be solely responsible for any disclosures regarding the nature of the assessment or investigation. 

Except where the alleged offender is believed to be a school official or employee, the time and place, and manner of the interview on school premises shall be within the discretion of school officials, but the local welfare or law enforcement agency shall have the exclusive authority to determine who may attend the interview. The conditions as to time, place, and manner of the interview set by the school officials shall be reasonable and the interview shall be conducted not more than 24 hours after the receipt of the notification unless another time is considered necessary by agreement between the school officials and the local welfare or law enforcement agency. Where the school fails to comply with the provisions of this paragraph, the juvenile court may order the school to comply. Every effort must be made to reduce the disruption of the educational program of the child, other students, or school staff when an interview is conducted on school premises. 

(f) Where the alleged offender or a person responsible for the care of the alleged victim or other minor prevents access to the victim or other minor by the local welfare agency, the juvenile court may order the parents, legal custodian, or guardian to produce the alleged victim or other minor for questioning by the local welfare agency or the local law enforcement agency outside the presence of the alleged offender or any person responsible for the child's care at reasonable places and times as specified by court order. 

(g) Before making an order under paragraph (f), the court shall issue an order to show cause, either upon its own motion or upon a verified petition, specifying the basis for the requested interviews and fixing the time and place of the hearing. The order to show cause shall be served personally and shall be heard in the same manner as provided in other cases in the juvenile court. The court shall consider the need for appointment of a guardian ad litem to protect the best interests of the child. If appointed, the guardian ad litem shall be present at the hearing on the order to show cause. 

(h) The commissioner of human services, the ombudsman for mental health and developmental disabilities, the local welfare agencies responsible for investigating reports, the commissioner of education, and the local law enforcement agencies have the right to enter facilities as defined in subdivision 2 and to inspect and copy the facility's records, including medical records, as part of the investigation. Notwithstanding the provisions of chapter 13, they also have the right to inform the facility under investigation that they are conducting an investigation, to disclose to the facility the names of the individuals under investigation for abusing or neglecting a child, and to provide the facility with a copy of the report and the investigative findings. 

(i) The local welfare agency responsible for conducting a family assessment or investigation shall collect available and relevant information to determine child safety, risk of subsequent child maltreatment, and family strengths and needs and share not public information with an Indian's tribal social services agency without violating any law of the state that may otherwise impose duties of confidentiality on the local welfare agency in order to implement the tribal state agreement. The local welfare agency or the agency responsible for investigating the report shall collect available and relevant information to ascertain whether maltreatment occurred and whether protective services are needed. Information collected includes, when relevant, information with regard to the person reporting the alleged maltreatment, including the nature of the reporter's relationship to the child and to the alleged offender, and the basis of the reporter's knowledge for the report; the child allegedly being maltreated; the alleged offender; the child's caretaker; and other collateral sources having relevant information related to the alleged maltreatment. The local welfare agency or the agency responsible for investigating the report may make a determination of no maltreatment early in an investigation, and close the case and retain immunity, if the collected information shows no basis for a full investigation. 

Information relevant to the assessment or investigation must be asked for, and may include: 

(1) the child's sex and age; prior reports of maltreatment, including any maltreatment reports that were screened out and not accepted for assessment or investigation; information relating to developmental functioning; credibility of the child's statement; and whether the information provided under this clause is consistent with other information collected during the course of the assessment or investigation; 

(2) the alleged offender's age, a record check for prior reports of maltreatment, and criminal charges and convictions. The local welfare agency or the agency responsible for assessing or investigating the report must provide the alleged offender with an opportunity to make a statement. The alleged offender may submit supporting documentation relevant to the assessment or investigation; 

(3) collateral source information regarding the alleged maltreatment and care of the child. Collateral information includes, when relevant: (i) a medical examination of the child; (ii) prior medical records relating to the alleged maltreatment or the care of the child maintained by any facility, clinic, or health care professional and an interview with the treating professionals; and (iii) interviews with the child's caretakers, including the child's parent, guardian, foster parent, child care provider, teachers, counselors, family members, relatives, and other persons who may have knowledge regarding the alleged maltreatment and the care of the child; and 

(4) information on the existence of domestic abuse and violence in the home of the child, and substance abuse. 

Nothing in this paragraph precludes the local welfare agency, the local law enforcement agency, or the agency responsible for assessing or investigating the report from collecting other relevant information necessary to conduct the assessment or investigation. Notwithstanding sections 13.384 or 144.291 to 144.298, the local welfare agency has access to medical data and records for purposes of clause (3). Notwithstanding the data's classification in the possession of any other agency, data acquired by the local welfare agency or the agency responsible for assessing or investigating the report during the course of the assessment or investigation are private data on individuals and must be maintained in accordance with subdivision 11. Data of the commissioner of education collected or maintained during and for the purpose of an investigation of alleged maltreatment in a school are governed by this section, notwithstanding the data's classification as educational, licensing, or personnel data under chapter 13. 

In conducting an assessment or investigation involving a school facility as defined in subdivision 2, paragraph (c), the commissioner of education shall collect investigative reports and data that are relevant to a report of maltreatment and are from local law enforcement and the school facility. 

(j) Upon receipt of a report, the local welfare agency shall conduct a face-to-face contact with the child reported to be maltreated and with the child's primary caregiver sufficient to complete a safety assessment and ensure the immediate safety of the child. The face-to-face contact with the child and primary caregiver shall occur immediately if sexual abuse or substantial child endangerment is alleged and within five calendar days for all other reports. If the alleged offender was not already interviewed as the primary caregiver, the local welfare agency shall also conduct a face-to-face interview with the alleged offender in the early stages of the assessment or investigation. At the initial contact, the local child welfare agency or the agency responsible for assessing or investigating the report must inform the alleged offender of the complaints or allegations made against the individual in a manner consistent with laws protecting the rights of the person who made the report. The interview with the alleged offender may be postponed if it would jeopardize an active law enforcement investigation. 

(k) When conducting an investigation, the local welfare agency shall use a question and answer interviewing format with questioning as nondirective as possible to elicit spontaneous responses. For investigations only, the following interviewing methods and procedures must be used whenever possible when collecting information: 

(1) audio recordings of all interviews with witnesses and collateral sources; and 

(2) in cases of alleged sexual abuse, audio-video recordings of each interview with the alleged victim and child witnesses. 

(l) In conducting an assessment or investigation involving a school facility as defined in subdivision 2, paragraph (c), the commissioner of education shall collect available and relevant information and use the procedures in paragraphs (j) and (k), and subdivision 3d, except that the requirement for face-to-face observation of the child and face-to-face interview of the alleged offender is to occur in the initial stages of the assessment or investigation provided that the commissioner may also base the assessment or investigation on investigative reports and data received from the school facility and local law enforcement, to the extent those investigations satisfy the requirements of paragraphs (j) and (k), and subdivision 3d. 

Subd. 10a.Law enforcement agency responsibility for investigation; welfare agency reliance on law enforcement fact-finding; welfare agency offer of services. 
(a) If the report alleges neglect, physical abuse, or sexual abuse by a person who is not a parent, guardian, sibling, person responsible for the child's care functioning within the family unit, or a person who lives in the child's household and who has a significant relationship to the child, in a setting other than a facility as defined in subdivision 2, the local welfare agency shall immediately notify the appropriate law enforcement agency, which shall conduct an investigation of the alleged abuse or neglect if a violation of a criminal statute is alleged. 

(b) The local agency may rely on the fact-finding efforts of the law enforcement investigation conducted under this subdivision to make a determination whether or not threatened injury or other maltreatment has occurred under subdivision 2 if an alleged offender has minor children or lives with minors. 

(c) If a child is the victim of an alleged crime under paragraph (a), the law enforcement agency shall immediately notify the local welfare agency, which shall offer appropriate social services for the purpose of safeguarding and enhancing the welfare of the abused or neglected minor. 

Subd. 10b.Duties of commissioner; neglect or abuse in facility. 
(a) This section applies to the commissioners of human services, health, and education. The commissioner of the agency responsible for assessing or investigating the report shall immediately assess or investigate if the report alleges that: 

(1) a child who is in the care of a facility as defined in subdivision 2 is neglected, physically abused, sexually abused, or is the victim of maltreatment in a facility by an individual in that facility, or has been so neglected or abused, or been the victim of maltreatment in a facility by an individual in that facility within the three years preceding the report; or 

(2) a child was neglected, physically abused, sexually abused, or is the victim of maltreatment in a facility by an individual in a facility defined in subdivision 2, while in the care of that facility within the three years preceding the report. 

The commissioner of the agency responsible for assessing or investigating the report shall arrange for the transmittal to the commissioner of reports received by local agencies and may delegate to a local welfare agency the duty to investigate reports. In conducting an investigation under this section, the commissioner has the powers and duties specified for local welfare agencies under this section. The commissioner of the agency responsible for assessing or investigating the report or local welfare agency may interview any children who are or have been in the care of a facility under investigation and their parents, guardians, or legal custodians. 

(b) Prior to any interview, the commissioner of the agency responsible for assessing or investigating the report or local welfare agency shall notify the parent, guardian, or legal custodian of a child who will be interviewed in the manner provided for in subdivision 10d, paragraph (a). If reasonable efforts to reach the parent, guardian, or legal custodian of a child in an out-of-home placement have failed, the child may be interviewed if there is reason to believe the interview is necessary to protect the child or other children in the facility. The commissioner of the agency responsible for assessing or investigating the report or local agency must provide the information required in this subdivision to the parent, guardian, or legal custodian of a child interviewed without parental notification as soon as possible after the interview. When the investigation is completed, any parent, guardian, or legal custodian notified under this subdivision shall receive the written memorandum provided for in subdivision 10d, paragraph (c). 

(c) In conducting investigations under this subdivision the commissioner or local welfare agency shall obtain access to information consistent with subdivision 10, paragraphs (h), (i), and (j). In conducting assessments or investigations under this subdivision, the commissioner of education shall obtain access to reports and investigative data that are relevant to a report of maltreatment and are in the possession of a school facility as defined in subdivision 2, paragraph (c), notwithstanding the classification of the data as educational or personnel data under chapter 13. This includes, but is not limited to, school investigative reports, information concerning the conduct of school personnel alleged to have committed maltreatment of students, information about witnesses, and any protective or corrective action taken by the school facility regarding the school personnel alleged to have committed maltreatment. 

(d) The commissioner may request assistance from the local social services agency. 

Subd. 10c.Duties of local social service agency upon receipt of report of medical neglect. 
If the report alleges medical neglect as defined in section 260C.007, subdivision 6, clause (5), the local welfare agency shall, in addition to its other duties under this section, immediately consult with designated hospital staff and with the parents of the infant to verify that appropriate nutrition, hydration, and medication are being provided; and shall immediately secure an independent medical review of the infant's medical charts and records and, if necessary, seek a court order for an independent medical examination of the infant. If the review or examination leads to a conclusion of medical neglect, the agency shall intervene on behalf of the infant by initiating legal proceedings under section 260C.141 and by filing an expedited motion to prevent the withholding of medically indicated treatment. 

Subd. 10d.Notification of neglect or abuse in facility. 
(a) When a report is received that alleges neglect, physical abuse, sexual abuse, or maltreatment of a child while in the care of a licensed or unlicensed day care facility, residential facility, agency, hospital, sanitarium, or other facility or institution required to be licensed or certified according to sections 144.50 to 144.58; 241.021; or 245A.01 to 245A.16; or chapter 144H, 245D, or 245H, or a school as defined in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E; or a nonlicensed personal care provider organization as defined in section 256B.0625, subdivision 19a, the commissioner of the agency responsible for assessing or investigating the report or local welfare agency investigating the report shall provide the following information to the parent, guardian, or legal custodian of a child alleged to have been neglected, physically abused, sexually abused, or the victim of maltreatment of a child in the facility: the name of the facility; the fact that a report alleging neglect, physical abuse, sexual abuse, or maltreatment of a child in the facility has been received; the nature of the alleged neglect, physical abuse, sexual abuse, or maltreatment of a child in the facility; that the agency is conducting an assessment or investigation; any protective or corrective measures being taken pending the outcome of the investigation; and that a written memorandum will be provided when the investigation is completed. 

(b) The commissioner of the agency responsible for assessing or investigating the report or local welfare agency may also provide the information in paragraph (a) to the parent, guardian, or legal custodian of any other child in the facility if the investigative agency knows or has reason to believe the alleged neglect, physical abuse, sexual abuse, or maltreatment of a child in the facility has occurred. In determining whether to exercise this authority, the commissioner of the agency responsible for assessing or investigating the report or local welfare agency shall consider the seriousness of the alleged neglect, physical abuse, sexual abuse, or maltreatment of a child in the facility; the number of children allegedly neglected, physically abused, sexually abused, or victims of maltreatment of a child in the facility; the number of alleged perpetrators; and the length of the investigation. The facility shall be notified whenever this discretion is exercised. 

(c) When the commissioner of the agency responsible for assessing or investigating the report or local welfare agency has completed its investigation, every parent, guardian, or legal custodian previously notified of the investigation by the commissioner or local welfare agency shall be provided with the following information in a written memorandum: the name of the facility investigated; the nature of the alleged neglect, physical abuse, sexual abuse, or maltreatment of a child in the facility; the investigator's name; a summary of the investigation findings; a statement whether maltreatment was found; and the protective or corrective measures that are being or will be taken. The memorandum shall be written in a manner that protects the identity of the reporter and the child and shall not contain the name, or to the extent possible, reveal the identity of the alleged perpetrator or of those interviewed during the investigation. If maltreatment is determined to exist, the commissioner or local welfare agency shall also provide the written memorandum to the parent, guardian, or legal custodian of each child in the facility who had contact with the individual responsible for the maltreatment. When the facility is the responsible party for maltreatment, the commissioner or local welfare agency shall also provide the written memorandum to the parent, guardian, or legal custodian of each child who received services in the population of the facility where the maltreatment occurred. This notification must be provided to the parent, guardian, or legal custodian of each child receiving services from the time the maltreatment occurred until either the individual responsible for maltreatment is no longer in contact with a child or children in the facility or the conclusion of the investigation. In the case of maltreatment within a school facility, as defined in section 120A.05, subdivisions 9, 11, and 13, and chapter 124E, the commissioner of education need not provide notification to parents, guardians, or legal custodians of each child in the facility, but shall, within ten days after the investigation is completed, provide written notification to the parent, guardian, or legal custodian of any student alleged to have been maltreated. The commissioner of education may notify the parent, guardian, or legal custodian of any student involved as a witness to alleged maltreatment. 

Subd. 10e.Determinations. 
(a) The local welfare agency shall conclude the family assessment or the investigation within 45 days of the receipt of a report. The conclusion of the assessment or investigation may be extended to permit the completion of a criminal investigation or the receipt of expert information requested within 45 days of the receipt of the report. 

(b) After conducting a family assessment, the local welfare agency shall determine whether services are needed to address the safety of the child and other family members and the risk of subsequent maltreatment. 

(c) After conducting an investigation, the local welfare agency shall make two determinations: first, whether maltreatment has occurred; and second, whether child protective services are needed. No determination of maltreatment shall be made when the alleged perpetrator is a child under the age of ten. 

(d) If the commissioner of education conducts an assessment or investigation, the commissioner shall determine whether maltreatment occurred and what corrective or protective action was taken by the school facility. If a determination is made that maltreatment has occurred, the commissioner shall report to the employer, the school board, and any appropriate licensing entity the determination that maltreatment occurred and what corrective or protective action was taken by the school facility. In all other cases, the commissioner shall inform the school board or employer that a report was received, the subject of the report, the date of the initial report, the category of maltreatment alleged as defined in paragraph (f), the fact that maltreatment was not determined, and a summary of the specific reasons for the determination. 

(e) When maltreatment is determined in an investigation involving a facility, the investigating agency shall also determine whether the facility or individual was responsible, or whether both the facility and the individual were responsible for the maltreatment using the mitigating factors in paragraph (i). Determinations under this subdivision must be made based on a preponderance of the evidence and are private data on individuals or nonpublic data as maintained by the commissioner of education. 

(f) For the purposes of this subdivision, "maltreatment" means any of the following acts or omissions: 

(1) physical abuse as defined in subdivision 2, paragraph (k); 

(2) neglect as defined in subdivision 2, paragraph (g); 

(3) sexual abuse as defined in subdivision 2, paragraph (n); 

(4) mental injury as defined in subdivision 2, paragraph (f); or 

(5) maltreatment of a child in a facility as defined in subdivision 2, paragraph (c). 

(g) For the purposes of this subdivision, a determination that child protective services are needed means that the local welfare agency has documented conditions during the assessment or investigation sufficient to cause a child protection worker, as defined in section 626.559, subdivision 1, to conclude that a child is at significant risk of maltreatment if protective intervention is not provided and that the individuals responsible for the child's care have not taken or are not likely to take actions to protect the child from maltreatment or risk of maltreatment. 

(h) This subdivision does not mean that maltreatment has occurred solely because the child's parent, guardian, or other person responsible for the child's care in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the child, in lieu of medical care. However, if lack of medical care may result in serious danger to the child's health, the local welfare agency may ensure that necessary medical services are provided to the child. 

(i) When determining whether the facility or individual is the responsible party, or whether both the facility and the individual are responsible for determined maltreatment in a facility, the investigating agency shall consider at least the following mitigating factors: 

(1) whether the actions of the facility or the individual caregivers were according to, and followed the terms of, an erroneous physician order, prescription, individual care plan, or directive; however, this is not a mitigating factor when the facility or caregiver was responsible for the issuance of the erroneous order, prescription, individual care plan, or directive or knew or should have known of the errors and took no reasonable measures to correct the defect before administering care; 

(2) comparative responsibility between the facility, other caregivers, and requirements placed upon an employee, including the facility's compliance with related regulatory standards and the adequacy of facility policies and procedures, facility training, an individual's participation in the training, the caregiver's supervision, and facility staffing levels and the scope of the individual employee's authority and discretion; and 

(3) whether the facility or individual followed professional standards in exercising professional judgment. 

The evaluation of the facility's responsibility under clause (2) must not be based on the completeness of the risk assessment or risk reduction plan required under section 245A.66, but must be based on the facility's compliance with the regulatory standards for policies and procedures, training, and supervision as cited in Minnesota Statutes and Minnesota Rules. 

(j) Notwithstanding paragraph (i), when maltreatment is determined to have been committed by an individual who is also the facility license or certification holder, both the individual and the facility must be determined responsible for the maltreatment, and both the background study disqualification standards under section 245C.15, subdivision 4, and the licensing or certification actions under section 245A.06, 245A.07, 245H.06, or 245H.07 apply. 

Subd. 10f.Notice of determinations. 
Within ten working days of the conclusion of a family assessment, the local welfare agency shall notify the parent or guardian of the child of the need for services to address child safety concerns or significant risk of subsequent child maltreatment. The local welfare agency and the family may also jointly agree that family support and family preservation services are needed. Within ten working days of the conclusion of an investigation, the local welfare agency or agency responsible for investigating the report shall notify the parent or guardian of the child, the person determined to be maltreating the child, and, if applicable, the director of the facility, of the determination and a summary of the specific reasons for the determination. When the investigation involves a child foster care setting that is monitored by a private licensing agency under section 245A.16, the local welfare agency responsible for investigating the report shall notify the private licensing agency of the determination and shall provide a summary of the specific reasons for the determination. The notice to the private licensing agency must include identifying private data, but not the identity of the reporter of maltreatment. The notice must also include a certification that the information collection procedures under subdivision 10, paragraphs (h), (i), and (j), were followed and a notice of the right of a data subject to obtain access to other private data on the subject collected, created, or maintained under this section. In addition, the notice shall include the length of time that the records will be kept under subdivision 11c. The investigating agency shall notify the parent or guardian of the child who is the subject of the report, and any person or facility determined to have maltreated a child, of their appeal or review rights under this section. The notice must also state that a finding of maltreatment may result in denial of a license or certification application or background study disqualification under chapter 245C related to employment or services that are licensed or certified by the Department of Human Services under chapter 245A or 245H, the Department of Health under chapter 144 or 144A, the Department of Corrections under section 241.021, and from providing services related to an unlicensed personal care provider organization under chapter 256B. 

Subd. 10g.Interstate data exchange. 
All reports and records created, collected, or maintained under this section by a local social service agency or law enforcement agency may be disclosed to a local social service or other child welfare agency of another state when the agency certifies that: 

(1) the reports and records are necessary in order to conduct an investigation of actions that would qualify as sexual abuse, physical abuse, or neglect under this section; and 

(2) the reports and records will be used only for purposes of a child protection assessment or investigation and will not be further disclosed to any other person or agency. 

The local social service agency or law enforcement agency in this state shall keep a record of all records or reports disclosed pursuant to this subdivision and of any agency to which the records or reports are disclosed. If in any case records or reports are disclosed before a determination is made under subdivision 10e, or a disposition of any criminal proceedings is reached, the local social service agency or law enforcement agency in this state shall forward the determination or disposition to any agency that has received any report or record under this subdivision. 

Subd. 10h.Child abuse data; release to family court services. 
The responsible authority or its designee of a local welfare agency may release private or confidential data on an active case involving assessment or investigation of actions that are defined as sexual abuse, physical abuse, or neglect under this section to a court services agency if: 

(1) the court services agency has an active case involving a common client or clients who are the subject of the data; and 

(2) the data are necessary for the court services agency to effectively process the court services' case, including investigating or performing other duties relating to the case required by law. 

The data disclosed under this subdivision may be used only for purposes of the active court services case described in clause (1) and may not be further disclosed to any other person or agency, except as authorized by law. 

Subd. 10i.Administrative reconsideration; review panel. 
(a) Administrative reconsideration is not applicable in family assessments since no determination concerning maltreatment is made. For investigations, except as provided under paragraph (e), an individual or facility that the commissioner of human services, a local social service agency, or the commissioner of education determines has maltreated a child, an interested person acting on behalf of the child, regardless of the determination, who contests the investigating agency's final determination regarding maltreatment, may request the investigating agency to reconsider its final determination regarding maltreatment. The request for reconsideration must be submitted in writing to the investigating agency within 15 calendar days after receipt of notice of the final determination regarding maltreatment or, if the request is made by an interested person who is not entitled to notice, within 15 days after receipt of the notice by the parent or guardian of the child. If mailed, the request for reconsideration must be postmarked and sent to the investigating agency within 15 calendar days of the individual's or facility's receipt of the final determination. If the request for reconsideration is made by personal service, it must be received by the investigating agency within 15 calendar days after the individual's or facility's receipt of the final determination. Effective January 1, 2002, an individual who was determined to have maltreated a child under this section and who was disqualified on the basis of serious or recurring maltreatment under sections 245C.14 and 245C.15, may request reconsideration of the maltreatment determination and the disqualification. The request for reconsideration of the maltreatment determination and the disqualification must be submitted within 30 calendar days of the individual's receipt of the notice of disqualification under sections 245C.16 and 245C.17. If mailed, the request for reconsideration of the maltreatment determination and the disqualification must be postmarked and sent to the investigating agency within 30 calendar days of the individual's receipt of the maltreatment determination and notice of disqualification. If the request for reconsideration is made by personal service, it must be received by the investigating agency within 30 calendar days after the individual's receipt of the notice of disqualification. 

(b) Except as provided under paragraphs (e) and (f), if the investigating agency denies the request or fails to act upon the request within 15 working days after receiving the request for reconsideration, the person or facility entitled to a fair hearing under section 256.045 may submit to the commissioner of human services or the commissioner of education a written request for a hearing under that section. Section 256.045 also governs hearings requested to contest a final determination of the commissioner of education. The investigating agency shall notify persons who request reconsideration of their rights under this paragraph. The hearings specified under this section are the only administrative appeal of a decision issued under paragraph (a). Determinations under this section are not subject to accuracy and completeness challenges under section 13.04. 

(c) If, as a result of a reconsideration or review, the investigating agency changes the final determination of maltreatment, that agency shall notify the parties specified in subdivisions 10b, 10d, and 10f. 

(d) Except as provided under paragraph (f), if an individual or facility contests the investigating agency's final determination regarding maltreatment by requesting a fair hearing under section 256.045, the commissioner of human services shall assure that the hearing is conducted and a decision is reached within 90 days of receipt of the request for a hearing. The time for action on the decision may be extended for as many days as the hearing is postponed or the record is held open for the benefit of either party. 

(e) If an individual was disqualified under sections 245C.14 and 245C.15, on the basis of a determination of maltreatment, which was serious or recurring, and the individual has requested reconsideration of the maltreatment determination under paragraph (a) and requested reconsideration of the disqualification under sections 245C.21 to 245C.27, reconsideration of the maltreatment determination and reconsideration of the disqualification shall be consolidated into a single reconsideration. If reconsideration of the maltreatment determination is denied and the individual remains disqualified following a reconsideration decision, the individual may request a fair hearing under section 256.045. If an individual requests a fair hearing on the maltreatment determination and the disqualification, the scope of the fair hearing shall include both the maltreatment determination and the disqualification. 

(f) If a maltreatment determination or a disqualification based on serious or recurring maltreatment is the basis for a denial of a license under section 245A.05 or a licensing sanction under section 245A.07, the license holder has the right to a contested case hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. As provided for under section 245A.08, subdivision 2a, the scope of the contested case hearing shall include the maltreatment determination, disqualification, and licensing sanction or denial of a license. In such cases, a fair hearing regarding the maltreatment determination and disqualification shall not be conducted under section 256.045. Except for family child care and child foster care, reconsideration of a maltreatment determination as provided under this subdivision, and reconsideration of a disqualification as provided under section 245C.22, shall also not be conducted when: 

(1) a denial of a license under section 245A.05 or a licensing sanction under section 245A.07, is based on a determination that the license holder is responsible for maltreatment or the disqualification of a license holder based on serious or recurring maltreatment; 

(2) the denial of a license or licensing sanction is issued at the same time as the maltreatment determination or disqualification; and 

(3) the license holder appeals the maltreatment determination or disqualification, and denial of a license or licensing sanction. 

Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment determination or disqualification, but does not appeal the denial of a license or a licensing sanction, reconsideration of the maltreatment determination shall be conducted under sections 626.556, subdivision 10i, and 626.557, subdivision 9d, and reconsideration of the disqualification shall be conducted under section 245C.22. In such cases, a fair hearing shall also be conducted as provided under sections 245C.27, 626.556, subdivision 10i, and 626.557, subdivision 9d. 

If the disqualified subject is an individual other than the license holder and upon whom a background study must be conducted under chapter 245C, the hearings of all parties may be consolidated into a single contested case hearing upon consent of all parties and the administrative law judge. 

(g) For purposes of this subdivision, "interested person acting on behalf of the child" means a parent or legal guardian; stepparent; grandparent; guardian ad litem; adult stepbrother, stepsister, or sibling; or adult aunt or uncle; unless the person has been determined to be the perpetrator of the maltreatment. 

(h) If a maltreatment determination is the basis for a correction order under section 245H.06 or decertification under section 245H.07, the certification holder has the right to request reconsideration under sections 245H.06 and 245H.07. If the certification holder appeals the maltreatment determination or disqualification, but does not appeal the correction order or decertification, reconsideration of the maltreatment determination shall be conducted under section 626.556, subdivision 10i, and reconsideration of the disqualification shall be conducted under section 245C.22. 

Subd. 10j.Release of data to mandated reporters. 
(a) A local social services or child protection agency, or the agency responsible for assessing or investigating the report of maltreatment, shall provide relevant private data on individuals obtained under this section to a mandated reporter who made the report and who has an ongoing responsibility for the health, education, or welfare of a child affected by the data, unless the agency determines that providing the data would not be in the best interests of the child. The agency may provide the data to other mandated reporters with ongoing responsibility for the health, education, or welfare of the child. Mandated reporters with ongoing responsibility for the health, education, or welfare of a child affected by the data include the child's teachers or other appropriate school personnel, foster parents, health care providers, respite care workers, therapists, social workers, child care providers, residential care staff, crisis nursery staff, probation officers, and court services personnel. Under this section, a mandated reporter need not have made the report to be considered a person with ongoing responsibility for the health, education, or welfare of a child affected by the data. Data provided under this section must be limited to data pertinent to the individual's responsibility for caring for the child. 

(b) A reporter who receives private data on individuals under this subdivision must treat the data according to that classification, regardless of whether the reporter is an employee of a government entity. The remedies and penalties under sections 13.08 and 13.09 apply if a reporter releases data in violation of this section or other law. 

Subd. 10k.Release of certain assessment or investigative records to other counties. 
Records maintained under subdivision 11c, paragraph (a), may be shared with another local welfare agency that requests the information because it is conducting an assessment or investigation under this section of the subject of the records. 

Subd. 10l.Documentation. 
When a case is closed that has been open for services, the local welfare agency shall document the outcome of the family assessment or investigation, including a description of services provided and the removal or reduction of risk to the child, if it existed. 

Subd. 10m.Provision of child protective services; consultation with county attorney. 
(a) The local welfare agency shall create a written plan, in collaboration with the family whenever possible, within 30 days of the determination that child protective services are needed or upon joint agreement of the local welfare agency and the family that family support and preservation services are needed. Child protective services for a family are voluntary unless ordered by the court. 

(b) The local welfare agency shall consult with the county attorney to determine the appropriateness of filing a petition alleging the child is in need of protection or services under section 260C.007, subdivision 6, if: 

(1) the family does not accept or comply with a plan for child protective services; 

(2) voluntary child protective services may not provide sufficient protection for the child; or 

(3) the family is not cooperating with an investigation or assessment. 

Subd. 10n.Required referral to early intervention services. 
A child under age three who is involved in a substantiated case of maltreatment shall be referred for screening under the Individuals with Disabilities Education Act, part C. Parents must be informed that the evaluation and acceptance of services are voluntary. The commissioner of human services shall monitor referral rates by county and annually report the information to the legislature beginning March 15, 2014. Refusal to have a child screened is not a basis for a child in need of protection or services petition under chapter 260C. 

Subd. 11.Records. 
(a) Except as provided in paragraph (b) and subdivisions 10b, 10d, 10g, and 11b, all records concerning individuals maintained by a local welfare agency or agency responsible for assessing or investigating the report under this section, including any written reports filed under subdivision 7, shall be private data on individuals, except insofar as copies of reports are required by subdivision 7 to be sent to the local police department or the county sheriff. All records concerning determinations of maltreatment by a facility are nonpublic data as maintained by the Department of Education, except insofar as copies of reports are required by subdivision 7 to be sent to the local police department or the county sheriff. Reports maintained by any police department or the county sheriff shall be private data on individuals except the reports shall be made available to the investigating, petitioning, or prosecuting authority, including county medical examiners or county coroners. Section 13.82, subdivisions 8, 9, and 14, apply to law enforcement data other than the reports. The local social services agency or agency responsible for assessing or investigating the report shall make available to the investigating, petitioning, or prosecuting authority, including county medical examiners or county coroners or their professional delegates, any records which contain information relating to a specific incident of neglect or abuse which is under investigation, petition, or prosecution and information relating to any prior incidents of neglect or abuse involving any of the same persons. The records shall be collected and maintained in accordance with the provisions of chapter 13. In conducting investigations and assessments pursuant to this section, the notice required by section 13.04, subdivision 2, need not be provided to a minor under the age of ten who is the alleged victim of abuse or neglect. An individual subject of a record shall have access to the record in accordance with those sections, except that the name of the reporter shall be confidential while the report is under assessment or investigation except as otherwise permitted by this subdivision. Any person conducting an investigation or assessment under this section who intentionally discloses the identity of a reporter prior to the completion of the investigation or assessment is guilty of a misdemeanor. After the assessment or investigation is completed, the name of the reporter shall be confidential. The subject of the report may compel disclosure of the name of the reporter only with the consent of the reporter or upon a written finding by the court that the report was false and that there is evidence that the report was made in bad faith. This subdivision does not alter disclosure responsibilities or obligations under the Rules of Criminal Procedure. 

(b) Upon request of the legislative auditor, data on individuals maintained under this section must be released to the legislative auditor in order for the auditor to fulfill the auditor's duties under section 3.971. The auditor shall maintain the data in accordance with chapter 13. 

(c) The commissioner of education must be provided with all requested data that are relevant to a report of maltreatment and are in possession of a school facility as defined in subdivision 2, paragraph (c), when the data is requested pursuant to an assessment or investigation of a maltreatment report of a student in a school. If the commissioner of education makes a determination of maltreatment involving an individual performing work within a school facility who is licensed by a board or other agency, the commissioner shall provide a copy of its offender maltreatment determination report to the licensing entity, with all student identifying information removed. The offender maltreatment determination report shall include but is not limited to the following sections: report of alleged maltreatment; legal standard; investigation; summary of findings; determination; corrective action by a school; reconsideration process; and a listing of records related to the investigation. Notwithstanding section 13.03, subdivision 4, data received by a licensing entity under this paragraph are governed by section 13.41 or other applicable law governing data of the receiving entity, except that this section applies to the classification of and access to data on the reporter of the maltreatment. 

Subd. 11a.Disclosure of information not required in certain cases. 
When interviewing a minor under subdivision 10, an individual does not include the parent or guardian of the minor for purposes of section 13.04, subdivision 2, when the parent or guardian is the alleged perpetrator of the abuse or neglect. 

Subd. 11b.Data received from law enforcement. 
Active law enforcement investigative data received by a local welfare agency or agency responsible for assessing or investigating the report under this section are confidential data on individuals. When this data become inactive in the law enforcement agency, the data are private data on individuals. 

Subd. 11c.Welfare, court services agency, and school records maintained. 
Notwithstanding sections 138.163 and 138.17, records maintained or records derived from reports of abuse by local welfare agencies, agencies responsible for assessing or investigating the report, court services agencies, or schools under this section shall be destroyed as provided in paragraphs (a) to (d) by the responsible authority. 

(a) For reports alleging child maltreatment that were not accepted for assessment or investigation, family assessment cases, and cases where an investigation results in no determination of maltreatment or the need for child protective services, the records must be maintained for a period of five years after the date the report was not accepted for assessment or investigation or of the final entry in the case record. Records of reports that were not accepted must contain sufficient information to identify the subjects of the report, the nature of the alleged maltreatment, and the reasons as to why the report was not accepted. Records under this paragraph may not be used for employment, background checks, or purposes other than to assist in future screening decisions and risk and safety assessments. 

(b) All records relating to reports which, upon investigation, indicate either maltreatment or a need for child protective services shall be maintained for ten years after the date of the final entry in the case record. 

(c) All records regarding a report of maltreatment, including any notification of intent to interview which was received by a school under subdivision 10, paragraph (d), shall be destroyed by the school when ordered to do so by the agency conducting the assessment or investigation. The agency shall order the destruction of the notification when other records relating to the report under investigation or assessment are destroyed under this subdivision. 

(d) Private or confidential data released to a court services agency under subdivision 10h must be destroyed by the court services agency when ordered to do so by the local welfare agency that released the data. The local welfare agency or agency responsible for assessing or investigating the report shall order destruction of the data when other records relating to the assessment or investigation are destroyed under this subdivision. 

Subd. 11d.Disclosure in child fatality or near-fatality cases. 
(a) The definitions in this paragraph apply to this section. 

(1) "Child fatality" means the death of a child from child abuse or neglect. 

(2) "Near fatality" means a case in which a physician, advanced practice registered nurse, or physician assistant determines that a child is in serious or critical condition as the result of sickness or injury caused by child abuse or neglect. 

(3) "Findings and information" means a written summary described in paragraph (c) of actions taken or services rendered by a local social services agency following receipt of a report. 

(b) Notwithstanding any other provision of law and subject to this subdivision, a public agency shall disclose to the public, upon request, the findings and information related to a child fatality or near fatality if: 

(1) a person is criminally charged with having caused the child fatality or near fatality; 

(2) a county attorney certifies that a person would have been charged with having caused the child fatality or near fatality but for that person's death; or 

(3) a child protection investigation resulted in a determination of child abuse or neglect. 

(c) Findings and information disclosed under this subdivision consist of a written summary that includes any of the following information the agency is able to provide: 

(1) the cause and circumstances regarding the child fatality or near fatality; 

(2) the age and gender of the child; 

(3) information on any previous reports of child abuse or neglect that are pertinent to the abuse or neglect that led to the child fatality or near fatality; 

(4) information on any previous investigations that are pertinent to the abuse or neglect that led to the child fatality or near fatality; 

(5) the results of any investigations described in clause (4); 

(6) actions of and services provided by the local social services agency on behalf of a child that are pertinent to the child abuse or neglect that led to the child fatality or near fatality; and 

(7) the results of any review of the state child mortality review panel, a local child mortality review panel, a local community child protection team, or any public agency. 

(d) Nothing in this subdivision authorizes access to the private data in the custody of a local social services agency, or the disclosure to the public of the records or content of any psychiatric, psychological, or therapeutic evaluations, or the disclosure of information that would reveal the identities of persons who provided information related to abuse or neglect of the child. 

(e) A person whose request is denied may apply to the appropriate court for an order compelling disclosure of all or part of the findings and information of the public agency. The application must set forth, with reasonable particularity, factors supporting the application. The court has jurisdiction to issue these orders. Actions under this section must be set down for immediate hearing, and subsequent proceedings in those actions must be given priority by the appellate courts. 

(f) A public agency or its employees acting in good faith in disclosing or declining to disclose information under this section are immune from criminal or civil liability that might otherwise be incurred or imposed for that action. 

Subd. 12.Duties of facility operators. 
Any operator, employee, or volunteer worker at any facility who intentionally neglects, physically abuses, or sexually abuses any child in the care of that facility may be charged with a violation of section 609.255, 609.377, or 609.378. Any operator of a facility who knowingly permits conditions to exist which result in neglect, physical abuse, sexual abuse, or maltreatment of a child in a facility while in the care of that facility may be charged with a violation of section 609.378. The facility operator shall inform all mandated reporters employed by or otherwise associated with the facility of the duties required of mandated reporters and shall inform all mandatory reporters of the prohibition against retaliation for reports made in good faith under this section. 

Subd. 14.Conflict of interest. 
(a) A potential conflict of interest related to assisting in an assessment under this section resulting in a direct or shared financial interest with a child abuse and neglect treatment provider or resulting from a personal or family relationship with a party in the investigation must be considered by the local welfare agency in an effort to prevent unethical relationships. 

(b) A person who conducts an assessment under this section or section 626.5561 may not have: 

(1) any direct or shared financial interest or referral relationship resulting in a direct shared financial gain with a child abuse and neglect treatment provider; or 

(2) a personal or family relationship with a party in the investigation. 

If an independent assessor is not available, the person responsible for making the determination under this section may use the services of an assessor with a financial interest, referral, or personal or family relationship. 

Subd. 15.Auditing. 
The commissioner of human services shall regularly audit for accuracy the data reported by counties on maltreatment of minors. 

Subd. 16.Commissioner's duty to provide oversight; quality assurance reviews; annual summary of reviews. 
(a) The commissioner shall develop a plan to perform quality assurance reviews of local welfare agency screening practices and decisions. The commissioner shall provide oversight and guidance to counties to ensure consistent application of screening guidelines, thorough and appropriate screening decisions, and correct documentation and maintenance of reports. Quality assurance reviews must begin no later than September 30, 2015. 

(b) The commissioner shall produce an annual report of the summary results of the reviews. The report must only contain aggregate data and may not include any data that could be used to personally identify any subject whose data is included in the report. The report is public information and must be provided to the chairs and ranking minority members of the legislative committees having jurisdiction over child protection issues. 

626.5561 REPORTING OF PRENATAL EXPOSURE TO CONTROLLED SUBSTANCES.Subdivision 1.Reports required. 
(a) Except as provided in paragraph (b), a person mandated to report under section 626.556, subdivision 3, shall immediately report to the local welfare agency if the person knows or has reason to believe that a woman is pregnant and has used a controlled substance for a nonmedical purpose during the pregnancy, including, but not limited to, tetrahydrocannabinol, or has consumed alcoholic beverages during the pregnancy in any way that is habitual or excessive. 

(b) A health care professional or a social service professional who is mandated to report under section 626.556, subdivision 3, is exempt from reporting under paragraph (a) a woman's use or consumption of tetrahydrocannabinol or alcoholic beverages during pregnancy if the professional is providing the woman with prenatal care or other health care services. 

(c) Any person may make a voluntary report if the person knows or has reason to believe that a woman is pregnant and has used a controlled substance for a nonmedical purpose during the pregnancy, including, but not limited to, tetrahydrocannabinol, or has consumed alcoholic beverages during the pregnancy in any way that is habitual or excessive. 

(d) An oral report shall be made immediately by telephone or otherwise. An oral report made by a person required to report shall be followed within 72 hours, exclusive of weekends and holidays, by a report in writing to the local welfare agency. Any report shall be of sufficient content to identify the pregnant woman, the nature and extent of the use, if known, and the name and address of the reporter. The local welfare agency shall accept a report made under paragraph (c) notwithstanding refusal by a voluntary reporter to provide the reporter's name or address as long as the report is otherwise sufficient. 

(e) For purposes of this section, "prenatal care" means the comprehensive package of medical and psychological support provided throughout the pregnancy. 

Subd. 2.Local welfare agency. 
Upon receipt of a report required under subdivision 1, the local welfare agency shall immediately conduct an appropriate assessment and offer services indicated under the circumstances. Services offered may include, but are not limited to, a referral for chemical dependency assessment, a referral for chemical dependency treatment if recommended, and a referral for prenatal care. The local welfare agency may also take any appropriate action under chapter 253B, including seeking an emergency admission under section 253B.05. The local welfare agency shall seek an emergency admission under section 253B.05 if the pregnant woman refuses recommended voluntary services or fails recommended treatment. 

Subd. 3.Related provisions. 
Reports under this section are governed by section 626.556, subdivisions 4, 4a, 5, 6, 8, and 11. 

Subd. 4.Controlled substances. 
For purposes of this section and section 626.5562, "controlled substance" means a controlled substance listed in section 253B.02, subdivision 2. 

Subd. 5.Immunity. 
(a) A person making a voluntary or mandated report under subdivision 1 or assisting in an assessment under subdivision 2 is immune from any civil or criminal liability that otherwise might result from the person's actions, if the person is acting in good faith. 

(b) This subdivision does not provide immunity to any person for failure to make a required report or for committing neglect, physical abuse, or sexual abuse of a child. 

626.5562 TOXICOLOGY TESTS REQUIRED.Subdivision 1.Test; report. 
A physician shall administer a toxicology test to a pregnant woman under the physician's care or to a woman under the physician's care within eight hours after delivery to determine whether there is evidence that she has ingested a controlled substance, if the woman has obstetrical complications that are a medical indication of possible use of a controlled substance for a nonmedical purpose. If the test results are positive, the physician shall report the results under section 626.5561. A negative test result does not eliminate the obligation to report under section 626.5561, if other evidence gives the physician reason to believe the patient has used a controlled substance for a nonmedical purpose. 

Subd. 2.Newborns. 
A physician shall administer to each newborn infant born under the physician's care a toxicology test to determine whether there is evidence of prenatal exposure to a controlled substance, if the physician has reason to believe based on a medical assessment of the mother or the infant that the mother used a controlled substance for a nonmedical purpose during the pregnancy. If the test results are positive, the physician shall report the results as neglect under section 626.556. A negative test result does not eliminate the obligation to report under section 626.556 if other medical evidence of prenatal exposure to a controlled substance is present. 

Subd. 3.Report to Department of Health. 
Physicians shall report to the Department of Health the results of tests performed under subdivisions 1 and 2. A report shall be made on the certificate of live birth medical supplement or the report of fetal death medical supplement filed on or after February 1, 1991. The reports are medical data under section 13.384. 

Subd. 4.Immunity from liability. 
Any physician or other medical personnel administering a toxicology test to determine the presence of a controlled substance in a pregnant woman, in a woman within eight hours after delivery, or in a child at birth or during the first month of life is immune from civil or criminal liability arising from administration of the test, if the physician ordering the test believes in good faith that the test is required under this section and the test is administered in accordance with an established protocol and reasonable medical practice. 

Subd. 5.Reliability of tests. 
A positive test result reported under this section must be obtained from a confirmatory test performed by a drug testing laboratory which meets the requirements of section 181.953, and must be performed according to the requirements for performance of confirmatory tests imposed by the licensing, accreditation, or certification program listed in section 181.953, subdivision 1, in which the laboratory participates. 

626.558 MULTIDISCIPLINARY CHILD PROTECTION TEAM.Subdivision 1.Establishment of team. 
A county shall establish a multidisciplinary child protection team that may include, but not be limited to, the director of the local welfare agency or designees, the county attorney or designees, the county sheriff or designees, representatives of health and education, representatives of mental health or other appropriate human service or community-based agencies, and parent groups. As used in this section, a "community-based agency" may include, but is not limited to, schools, social service agencies, family service and mental health collaboratives, children's advocacy centers, early childhood and family education programs, Head Start, or other agencies serving children and families. A member of the team must be designated as the lead person of the team responsible for the planning process to develop standards for its activities with battered women's and domestic abuse programs and services. 

Subd. 2.Duties of team. 
A multidisciplinary child protection team may provide public and professional education, develop resources for prevention, intervention, and treatment, and provide case consultation to the local welfare agency or other interested community-based agencies. The community-based agencies may request case consultation from the multidisciplinary child protection team regarding a child or family for whom the community-based agency is providing services. As used in this section, "case consultation" means a case review process in which recommendations are made concerning services to be provided to the identified children and family. Case consultation may be performed by a committee or subcommittee of members representing human services, including mental health and chemical dependency; law enforcement, including probation and parole; the county attorney; a children's advocacy center; health care; education; community-based agencies and other necessary agencies; and persons directly involved in an individual case as designated by other members performing case consultation. 

Subd. 2a.Sexually exploited youth outreach program. 
A multidisciplinary child protection team may assist the local welfare agency, local law enforcement agency, or an appropriate private organization in developing a program of outreach services for sexually exploited youth, including homeless, runaway, and truant youth who are at risk of sexual exploitation. For the purposes of this subdivision, at least one representative of a youth intervention program or, where this type of program is unavailable, one representative of a nonprofit agency serving youth in crisis, shall be appointed to and serve on the multidisciplinary child protection team in addition to the standing members of the team. These services may include counseling, medical care, short-term shelter, alternative living arrangements, and drop-in centers. A juvenile's receipt of intervention services under this subdivision may not be conditioned upon the juvenile providing any evidence or testimony. 

Subd. 3.Information sharing. 
(a) The local welfare agency may make available to the case consultation committee or subcommittee, all records collected and maintained by the agency under section 626.556 and in connection with case consultation. A case consultation committee or subcommittee member may share information acquired in the member's professional capacity with the committee or subcommittee to assist in case consultation. 

(b) Case consultation committee or subcommittee members must annually sign a data sharing agreement, approved by the commissioner of human services, assuring compliance with chapter 13. Not public data, as defined by section 13.02, subdivision 8a, may be shared with members appointed to the committee or subcommittee in connection with an individual case when the members have signed the data sharing agreement. 

(c) All data acquired by the case consultation committee or subcommittee in exercising case consultation duties, are confidential as defined in section 13.02, subdivision 3, and shall not be disclosed except to the extent necessary to perform case consultation, and shall not be subject to subpoena or discovery. 

(d) No members of a case consultation committee or subcommittee meeting shall disclose what transpired at a case consultation meeting, except to the extent necessary to carry out the case consultation plan. The proceedings and records of the case consultation meeting are not subject to discovery, and may not be introduced into evidence in any civil or criminal action against a professional or local welfare agency arising out of the matter or matters which are the subject of consideration of the case consultation meeting. Information, documents, or records otherwise available from original sources are not immune from discovery or use in any civil or criminal action merely because they were presented during a case consultation meeting. Any person who presented information before the consultation committee or subcommittee or who is a member shall not be prevented from testifying as to matters within the person's knowledge. However, in a civil or criminal proceeding a person shall not be questioned about the person's presentation of information before the case consultation committee or subcommittee or about opinions formed as a result of the case consultation meetings. 

A person who violates this subdivision is subject to the civil remedies and penalties provided under chapter 13. 

Subd. 4.Children's advocacy center; definition. 
(a) For purposes of this section, "children's advocacy center" means an organization, using a multidisciplinary team approach, whose primary purpose is to provide children who have been the victims of abuse and their nonoffending family members with: 

(1) support and advocacy; 

(2) specialized medical evaluation; 

(3) trauma-focused mental health services; and 

(4) forensic interviews. 

(b) Children's advocacy centers provide multidisciplinary case review and the tracking and monitoring of case progress. 

626.559 SPECIALIZED TRAINING AND EDUCATION REQUIRED.Subdivision 1.Job classification; continuing education. 
The commissioner of human services, for employees subject to the Minnesota Merit System, and directors of county personnel systems, for counties not subject to the Minnesota Merit System, shall establish a job classification consisting exclusively of persons with the specialized knowledge, skills, and experience required to satisfactorily perform child protection duties pursuant to section 626.556, subdivisions 10, 10a, and 10b. 

All child protection workers or social services staff having responsibility for child protective duties under section 626.556 shall receive 15 hours of continuing education or in-service training each year relevant to providing child protective services. The local social service agency shall maintain a record of training completed by each employee having responsibility for performing child protective duties. 

Subd. 1a.Child protection worker foundation education. 
Any individual who seeks employment as a child protection worker after the commissioner of human services has implemented the foundation training program developed under section 626.5591, subdivision 2, must complete competency-based foundation training during their first six months of employment as a child protection worker. 

Subd. 1b.Background studies. 
(a) County employees hired on or after July 1, 2015, who have responsibility for child protection duties or current county employees who are assigned new child protection duties on or after July 1, 2015, are required to undergo a background study. A county may complete these background studies by either: 

(1) use of the Department of Human Services NETStudy 2.0 system according to sections 245C.03 and 245C.10; or 

(2) an alternative process defined by the county. 

(b) County social services agencies and local welfare agencies must initiate background studies before an individual begins a position allowing direct contact with persons served by the agency. 

Subd. 2.Joint training. 
The commissioners of human services and public safety shall cooperate in the development of a joint program for training child abuse services professionals in the appropriate techniques for child abuse assessment and investigation. The program shall include but need not be limited to the following areas: 

(1) the public policy goals of the state as set forth in section 260C.001 and the role of the assessment or investigation in meeting these goals; 

(2) the special duties of child protection workers and law enforcement officers under section 626.556; 

(3) the appropriate methods for directing and managing affiliated professionals who may be utilized in providing protective services and strengthening family ties; 

(4) the appropriate methods for interviewing alleged victims of child abuse and other minors in the course of performing an assessment or an investigation; 

(5) the dynamics of child abuse and neglect within family systems and the appropriate methods for interviewing parents in the course of the assessment or investigation, including training in recognizing cases in which one of the parents is a victim of domestic abuse and in need of special legal or medical services; 

(6) the legal, evidentiary considerations that may be relevant to the conduct of an assessment or an investigation; 

(7) the circumstances under which it is appropriate to remove the alleged abuser or the alleged victim from the home; 

(8) the protective social services that are available to protect alleged victims from further abuse, to prevent child abuse and domestic abuse, and to preserve the family unit, and training in the preparation of case plans to coordinate services for the alleged child abuse victim with services for any parents who are victims of domestic abuse; 

(9) the methods by which child protection workers and law enforcement workers cooperate in conducting assessments and investigations in order to avoid duplication of efforts; and 

(10) appropriate methods for interviewing alleged victims of child abuse and conducting investigations in cases where the alleged victim is developmentally, physically, or mentally disabled. 

Subd. 3.Priority training. 
The commissioners of human services and public safety shall provide the program courses described in subdivision 2 at convenient times and locations in the state. The commissioners shall give training priority in the program areas cited in subdivision 2 to persons currently performing assessments and investigations pursuant to section 626.556, subdivisions 10, 10a, and 10b. 

Subd. 5.Revenue. 
The commissioner of human services shall add the following funds to the funds appropriated under section 626.5591, subdivision 2, to develop and support training: 

(a) The commissioner of human services shall submit claims for federal reimbursement earned through the activities and services supported through Department of Human Services child protection or child welfare training funds. Federal revenue earned must be used to improve and expand training services by the department. The department expenditures eligible for federal reimbursement under this section must not be made from federal funds or funds used to match other federal funds. 

(b) Each year, the commissioner of human services shall withhold from funds distributed to each county under Minnesota Rules, parts 9550.0300 to 9550.0370, an amount equivalent to 1.5 percent of each county's annual title XX allocation under section 256M.50. The commissioner must use these funds to ensure decentralization of training. 

(c) The federal revenue under this subdivision is available for these purposes until the funds are expended. 

626.5591 CHILD PROTECTION WORKERS; TRAINING; ADVISORY COMMITTEE.Subdivision 1.Definitions. 
As used in this section, the following terms have the meanings given unless the specific context indicates otherwise: 

(a) "Child protection agency" means an agency authorized to receive reports, conduct assessments and investigations, and make determinations pursuant to section 626.556, subdivision 10. 

(b) "Child protection services" means the receipt and assessment of reports of child maltreatment and the provision of services to families and children when maltreatment has occurred or when there is risk of maltreatment. These services include: (1) the assessment of risk to a child alleged to have been abused or neglected; (2) interviews of any person alleged to have abused or neglected a child and the child or children involved in the report, and interviews with persons having facts or knowledge necessary to assess the level of risk to a child and the need for protective intervention; (3) the gathering of written or evidentiary materials; (4) the recording of case findings and determinations; and (5) other actions required by section 626.556, administrative rule, or agency policy. 

(c) "Competency-based training" means a course of instruction that provides both information and skills practice, which is based upon clearly stated and measurable instructional objectives, and which requires demonstration of the achievement of a particular standard of skills and knowledge for satisfactory completion. 

(d) "Foundation training" means training provided to a local child protection worker after the person has begun to perform child protection duties, but before the expiration of six months of employment as a child protection worker. This foundation training must occur during the performance of job duties and must include an evaluation of the employee's application of skills and knowledge. 

(e) "Advanced training" means training provided to a local child protection worker after the person has performed an initial six months of employment as a child protection worker. 

Subd. 2.Training program; development. 
The commissioner of human services shall develop a program of competency-based foundation and advanced training for child protection workers if funds are appropriated to the commissioner for this purpose. 

626.561 INTERVIEWS WITH CHILD ABUSE VICTIMS.Subdivision 1.Policy. 
It is the policy of this state to encourage adequate and accurate documentation of the number and content of interviews conducted with alleged child abuse victims during the course of a child abuse assessment, criminal investigation, or prosecution, and to discourage interviews that are unnecessary, duplicative, or otherwise not in the best interests of the child. 

Subd. 2.Definitions. 
As used in this section: 

(1) "child abuse" means physical or sexual abuse as defined in section 626.556, subdivision 2; 

(2) "government employee" means an employee of a state or local agency, and any person acting as an agent of a state or local agency; 

(3) "interview" means a statement of an alleged child abuse victim which is given or made to a government employee during the course of a child abuse assessment, criminal investigation, or prosecution; and 

(4) "record" means an audio or videotape recording of an interview, or a written record of an interview. 

Subd. 3.Record required. 
Whenever an interview is conducted, the interviewer must make a record of the interview. The record must contain the following information: 

(1) the date, time, place, and duration of the interview; 

(2) the identity of the persons present at the interview; and 

(3) if the record is in writing, a summary of the information obtained during the interview. 

The records shall be maintained by the interviewer in accordance with applicable provisions of section 626.556, subdivision 11 and chapter 13. 

Subd. 4.Guidelines on tape recording of interviews. 
Every county attorney's office shall be responsible for developing written guidelines on the tape recording of interviews by government employees who conduct child abuse assessments, criminal investigations, or prosecutions. The guidelines are public data as defined in section 13.02, subdivision 14.