HF 4408
1st Engrossment - 94th Legislature (2025 - 2026)
Posted on 03/23/2026 06:46 p.m.
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A bill for an act
relating to children and families; requiring public disclosure of information related
to child fatalities and near fatalities; modifying requirements for child mortality
review panel investigations and annual report; amending Minnesota Statutes 2024,
sections 260E.35, subdivision 7; 260E.39, subdivisions 2, 4, 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 260E.35, subdivision 7, is amended to read:
Subd. 7.
Disclosure to public.
(a) Notwithstanding any other provision of law and
subject to this subdivision, a public agency shall disclose to the publicdeleted text begin , upon request,deleted text end 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 maltreatment.
(b) Findings and information disclosed under this subdivision new text begin must be made publicly
available on the Department of Children, Youth, and Families website and must new text end consist of
a written summary that includes deleted text begin anydeleted text end new text begin allnew text end 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 maltreatment that are pertinent to the
maltreatment that led to the child fatality or near fatality;
(4) information on any previous investigations that are pertinent to the maltreatment that
led to the child fatality or near fatality;
(5) the result of any investigations described in clause (4);
(6) actions of and services provided by the local welfare agency on behalf of a child that
are pertinent to the maltreatment that led to the child fatality or near fatality; and
(7) the result 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.
new text begin
(c) The commissioner must make each joint or local review team report provided to the
child mortality review panel and the commissioner under section 260E.39, subdivision 4,
publicly available on the Department of Children, Youth, and Families website within 60
days of receiving the report.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end Nothing in this subdivision authorizes access to deleted text begin the private data in the custody
of a local welfare agency or the disclosure to the public of the records or content of any
psychiatric, psychological, or therapeutic evaluation or the disclosure of information that
would reveal the identities of persons who provided information related to maltreatment of
the child.deleted text end new text begin or public disclosure of:
new text end
new text begin
(1) data in the custody of a local welfare agency or the commissioner that is classified
as confidential or private data on decedents under section 13.10, private or confidential data
on individuals, nonpublic data, or protected nonpublic data under chapter 13;
new text end
new text begin
(2) the records or content of any psychiatric, psychological, or therapeutic evaluation;
or
new text end
new text begin
(3) any information that would reveal the identities of persons who provided information
related to maltreatment of the child.
new text end
deleted text begin
(d) 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 chapter must
be set down for immediate hearing and subsequent proceedings in those actions must be
given priority by the appellate courts.
deleted text end
(e) A public agency or its employees acting in good faith in disclosing or declining to
disclose information under this chapter are immune from criminal or civil liability that might
otherwise be incurred or imposed for that action.
Sec. 2.
Minnesota Statutes 2024, section 260E.39, subdivision 2, is amended to read:
Subd. 2.
Local child mortality review teams.
(a) Each county shall establish a
multidisciplinary local child mortality review team and shall participate in local critical
incident reviews that are based on safety science principles to support a culture of learning.
The local welfare agency's child protection team may serve as the local review team. The
local review team shall include but not be limited to professionals with knowledge of the
critical incident being reviewed and, if the critical incident being reviewed involved an
Indian child as defined in section 260.755, subdivision 8, at least one representative from
the child's Tribe.
(b) The local review team shall conduct reviews of critical incidents jointly with the
child mortality review panel or as otherwise required under subdivision 4, paragraph (c).
new text begin
(c) As part of a local critical incident review, the local review team must interview the
caseworker or caseworkers assigned to the case being reviewed and must document each
interview conducted. An employer of a caseworker interviewed under this paragraph must
not retaliate against the caseworker for participating in an interview, or cooperating or
assisting with a local critical incident review, because of the caseworker's participation in,
or cooperation or assistance with, the local critical incident review.
new text end
Sec. 3.
Minnesota Statutes 2024, section 260E.39, subdivision 4, is amended to read:
Subd. 4.
Critical incident review process.
(a) A local welfare agency that has determined
that maltreatment was the cause of or a contributing factor in a critical incident must notify
the commissioner and the executive director of the panel within three business days of
making the determination.
(b) The panel shall conduct a joint review with the local review team for:
(1) any critical incident relating to a family, child, or caregiver involved in a local welfare
agency family assessment or investigation within the 12 months preceding the critical
incident;
(2) a critical incident the governor or commissioner directs the panel to review; and
(3) any other critical incident the panel chooses for review.
(c) The local review team must review all critical incident cases not subject to joint
review under paragraph (b).
(d) Within 120 days of initiating a joint review or local review of a critical incident,
except as provided under paragraph (h), the panel or local review team shall complete the
joint review or local review and compile a report. The report must include any systemic
learnings that may increase child safety and well-being, and may include policy or practice
considerations for systems changes that may improve child well-being and safety.
(e) A local review team must provide its report following a local review to the panel
new text begin and to the commissioner new text end within three business days after the report is complete. After
receiving the local review team report, the panel may conduct a further joint review.
(f) Following the panel's joint review or after receiving a local review team report, the
panel may make recommendations to any state or local agency, branch of government, or
system partner to improve child safety and well-being.
(g) The commissioner shall conduct additional information gathering as requested by
the panel or the local review team. The commissioner must conduct information gathering
for all cases for which the panel requests assistance. The commissioner shall compile a
summary report for each critical incident for which information gathering is conducted and
provide the report to the panel and the local welfare agency that reported the critical incident.
(h) If the panel or local review team requests information gathering from the
commissioner, the panel or local review team may conduct the joint review or local review
and compile its report under paragraph (d) after receiving the commissioner's summary
information-gathering report. The timeline for a local or joint review under paragraph (d)
may be extended if the panel or local review team requests additional information gathering
to complete their review. If the local review team extends the timeline for its review and
report, the local welfare agency must notify the executive director of the panel of the
extension and the expected completion date.
(i) The review of any critical incident shall proceed as specified in this section, regardless
of the status of any pending litigation or other active investigation.
Sec. 4.
Minnesota Statutes 2024, section 260E.39, subdivision 6, is amended to read:
Subd. 6.
Child mortality review panel; annual report.
new text begin (a) new text end Beginning December 15,
2026, and on or before December 15 annually thereafter, the commissioner shall publish a
report of the child mortality review panel. The report shall include but not be limited to
de-identified summary data on the number of critical incidents reported to the panel, the
number of critical incidents reviewed by the panel and local review teams, and systemic
learnings identified by the panel or local review teams during the period covered by the
report. The report shall also include recommendations on improving the child protection
system, including modifications to statutes, rules, policies, and procedures. The panel may
make recommendations to the legislature or any state or local agency at any time, outside
of its annual report.
new text begin
(b) The commissioner's child mortality review panel annual report published on or before
December 15, 2027, must also include an analysis of de-identified aggregate data on critical
incidents from 2022 to 2024 to identify trends and inform recommendations on improving
the child protection system.
new text end