Office of the Revisor of Statutes
HF 1367
Introduction - 94th Legislature (2025 - 2026)
Posted on 02/26/2025 01:42 p.m.
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A bill for an act
relating to child maltreatment; allowing for judicial review of maltreatment
occurring outside of Minnesota; providing for local welfare agency responsibility
for assessing or investigating alleged child maltreatment occurring outside of
Minnesota; amending Minnesota Statutes 2024, sections 256.045, subdivision 7;
260E.14, by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 256.045, subdivision 7, is amended to read:
Subd. 7.
Judicial review.
new text begin (a) new text end Except for a prepaid health plan, any party who is aggrieved
by an order of the commissioner of human services; the commissioner of health; or the
commissioner of children, youth, and families in appeals within the commissioner's
jurisdiction under subdivision 3b; or the Direct Care and Treatment executive board in
appeals within the jurisdiction of the executive board under subdivision 5a may appeal the
order deleted text begin to thedeleted text end new text begin innew text end district court deleted text begin ofdeleted text end new text begin .
new text end
new text begin
(b) A party appealing under this subdivision must file:
new text end
new text begin (1) innew text end the county responsible for furnishing assistancedeleted text begin ,deleted text end new text begin ;new text end ordeleted text begin , in
deleted text end
new text begin (2) fornew text end appeals under subdivision 3bdeleted text begin ,deleted text end new text begin :
new text end
new text begin (i) innew text end the county where the maltreatment occurreddeleted text begin , by servingdeleted text end new text begin ; or
new text end
new text begin
(ii) if the maltreatment occurred in another state or country, in the county where the
alleged perpetrator or child alleged to have been maltreated resides.
new text end
new text begin (c) A party appealing under this subdivision must (1) servenew text end a written copy of a notice
of appeal upon the applicable commissioner or executive board and any adverse party of
record within 30 days after the date the commissioner or executive board issued the order,
the amended order, or order affirming the original order, and deleted text begin by filingdeleted text end new text begin (2) filenew text end the original
notice and proof of service with the court administrator of the district court. Service may
be made personally or by mail; service by mail is complete upon mailing; no filing fee shall
be required by the court administrator in appeals taken pursuant to this subdivision, with
the exception of appeals taken under subdivision 3b.
new text begin (d)new text end The applicable commissioner or executive board may elect to become a party to the
proceedings in the district court.
new text begin (e)new text end Except for appeals under subdivision 3b, any party may demand that the commissioner
or executive board furnish all parties to the proceedings with a copy of the decision, and a
transcript of any testimony, evidence, or other supporting papers from the hearing held
before the human services judge, by serving a written demand upon the applicable
commissioner or executive board within 30 days after service of the notice of appeal.
new text begin (f)new text end Any party aggrieved by the failure of an adverse party to obey an order issued by the
commissioner or executive board under subdivision 5 or 5a may compel performance
according to the order in the manner prescribed in sections 586.01 to 586.12.
Sec. 2.
Minnesota Statutes 2024, section 260E.14, is amended by adding a subdivision to
read:
new text begin Subd. 1a. new text end
new text begin Maltreatment in another state or country. new text end
new text begin
The local welfare agency is the
agency authorized to conduct a family assessment or investigation if a report alleges
maltreatment that occurred in another state or country, if either the alleged perpetrator or
the child alleged to have been maltreated resides in Minnesota. For purposes of this
subdivision, an allegation of child maltreatment made or having occurred in the other state
or country that constitutes child maltreatment in Minnesota is considered a report of child
maltreatment within Minnesota at the time the incident occurred.
new text end