HF 414

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the maltreatment of minors; changing 
  1.3             responsibility for assessing and investigating certain 
  1.4             allegations of maltreatment; amending Minnesota 
  1.5             Statutes 2000, section 626.556, subdivisions 3, 3c, 
  1.6             10b.  
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 626.556, 
  1.9   subdivision 3, is amended to read: 
  1.10     Subd. 3.  [PERSONS MANDATED TO REPORT.] (a) A person who 
  1.11  knows or has reason to believe a child is being neglected or 
  1.12  physically or sexually abused, as defined in subdivision 2, or 
  1.13  has been neglected or physically or sexually abused within the 
  1.14  preceding three years, shall immediately report the information 
  1.15  to the local welfare agency, agency responsible for assessing or 
  1.16  investigating the report, police department, or the county 
  1.17  sheriff if the person is:  
  1.18     (1) a professional or professional's delegate who is 
  1.19  engaged in the practice of the healing arts, social services, 
  1.20  hospital administration, psychological or psychiatric treatment, 
  1.21  child care, education, or law enforcement; or 
  1.22     (2) employed as a member of the clergy and received the 
  1.23  information while engaged in ministerial duties, provided that a 
  1.24  member of the clergy is not required by this subdivision to 
  1.25  report information that is otherwise privileged under section 
  1.26  595.02, subdivision 1, paragraph (c).  
  2.1      The police department or the county sheriff, upon receiving 
  2.2   a report, shall immediately notify the local welfare agency or 
  2.3   agency responsible for assessing or investigating the report, 
  2.4   orally and in writing.  The local welfare agency, or agency 
  2.5   responsible for assessing or investigating the report, upon 
  2.6   receiving a report, shall immediately notify the local police 
  2.7   department or the county sheriff orally and in writing.  The 
  2.8   county sheriff and the head of every local welfare agency, 
  2.9   agency responsible for assessing or investigating reports, and 
  2.10  police department shall each designate a person within their 
  2.11  agency, department, or office who is responsible for ensuring 
  2.12  that the notification duties of this paragraph and paragraph (b) 
  2.13  are carried out.  Nothing in this subdivision shall be construed 
  2.14  to require more than one report from any institution, facility, 
  2.15  school, or agency. 
  2.16     (b) Any person may voluntarily report to the local welfare 
  2.17  agency, agency responsible for assessing or investigating the 
  2.18  report, police department, or the county sheriff if the person 
  2.19  knows, has reason to believe, or suspects a child is being or 
  2.20  has been neglected or subjected to physical or sexual abuse.  
  2.21  The police department or the county sheriff, upon receiving a 
  2.22  report, shall immediately notify the local welfare agency or 
  2.23  agency responsible for assessing or investigating the report, 
  2.24  orally and in writing.  The local welfare agency or agency 
  2.25  responsible for assessing or investigating the report, upon 
  2.26  receiving a report, shall immediately notify the local police 
  2.27  department or the county sheriff orally and in writing. 
  2.28     (c) A person mandated to report physical or sexual child 
  2.29  abuse or neglect occurring within a licensed facility shall 
  2.30  report the information to the agency specified under 
  2.31  subdivisions 3b and 3c as responsible for licensing 
  2.32  the assessing or investigating a facility licensed under 
  2.33  sections 144.50 to 144.58; a facility licensed under section 
  2.34  241.021; 245A.01 to 245A.16; or 245B, or a facility licensed 
  2.35  under chapter 245A; a school as defined in sections section 
  2.36  120A.05, subdivisions 9, 11, and 13; and, or section 124D.10; or 
  3.1   a nonlicensed personal care provider organization as defined 
  3.2   in sections section 256B.04, subdivision 16; and, or section 
  3.3   256B.0625, subdivision 19.  A health or corrections An agency 
  3.4   receiving a report may request the local welfare agency to 
  3.5   provide assistance pursuant to subdivisions 10, 10a, and 10b. 
  3.6      (d) Any person mandated to report shall receive a summary 
  3.7   of the disposition of any report made by that reporter, 
  3.8   including whether the case has been opened for child protection 
  3.9   or other services, or if a referral has been made to a community 
  3.10  organization, unless release would be detrimental to the best 
  3.11  interests of the child.  Any person who is not mandated to 
  3.12  report shall, upon request to the local welfare agency, receive 
  3.13  a concise summary of the disposition of any report made by that 
  3.14  reporter, unless release would be detrimental to the best 
  3.15  interests of the child. 
  3.16     (e) For purposes of this subdivision, "immediately" means 
  3.17  as soon as possible but in no event longer than 24 hours. 
  3.18     Sec. 2.  Minnesota Statutes 2000, section 626.556, 
  3.19  subdivision 3c, is amended to read: 
  3.20     Subd. 3c.  [AGENCY RESPONSIBLE FOR ASSESSING OR 
  3.21  INVESTIGATING REPORTS OF MALTREATMENT.] The following agencies 
  3.22  are the administrative agencies responsible for assessing or 
  3.23  investigating reports of alleged child maltreatment in 
  3.24  facilities made under this section: 
  3.25     (1) the county local welfare agency is the agency 
  3.26  responsible for assessing or investigating allegations of 
  3.27  maltreatment in child foster care, family child care, and 
  3.28  legally unlicensed child care and; 
  3.29     (2) the department of human services is the agency 
  3.30  responsible for assessing or investigating allegations of 
  3.31  maltreatment in juvenile correctional facilities licensed under 
  3.32  section 241.021 located in the local welfare agency's county; 
  3.33     (2) (3) the department of human services is the agency 
  3.34  responsible for assessing or investigating allegations of 
  3.35  maltreatment in facilities licensed under chapters 245A and 
  3.36  245B, except for child foster care and family child care; and 
  4.1      (3) (4) the department of health is the agency responsible 
  4.2   for assessing or investigating allegations of child maltreatment 
  4.3   in facilities licensed under sections 144.50 to 144.58, and in 
  4.4   unlicensed home health care. 
  4.5      Sec. 3.  Minnesota Statutes 2000, section 626.556, 
  4.6   subdivision 10b, is amended to read: 
  4.7      Subd. 10b.  [DUTIES OF COMMISSIONER; NEGLECT OR ABUSE IN 
  4.8   FACILITY.] (a) This section applies to the commissioners of 
  4.9   human services, health, and children, families, and learning.  
  4.10  The commissioner of the agency responsible for assessing or 
  4.11  investigating the report shall immediately investigate if the 
  4.12  report alleges that: 
  4.13     (1) a child who is in the care of a facility as defined in 
  4.14  subdivision 2 is neglected, physically abused, or sexually 
  4.15  abused by an individual in that facility, or has been so 
  4.16  neglected or abused by an individual in that facility within the 
  4.17  three years preceding the report; or 
  4.18     (2) a child was neglected, physically abused, or sexually 
  4.19  abused by an individual in a facility defined in subdivision 2, 
  4.20  while in the care of that facility within the three years 
  4.21  preceding the report.  
  4.22     The commissioner of the agency responsible for assessing or 
  4.23  investigating the report shall arrange for the transmittal to 
  4.24  the commissioner of reports received by local agencies and may 
  4.25  delegate to a local welfare agency the duty to investigate 
  4.26  reports.  In conducting an investigation under this section, the 
  4.27  commissioner has the powers and duties specified for local 
  4.28  welfare agencies under this section.  The commissioner of the 
  4.29  agency responsible for assessing or investigating the report or 
  4.30  local welfare agency may interview any children who are or have 
  4.31  been in the care of a facility under investigation and their 
  4.32  parents, guardians, or legal custodians. 
  4.33     (b) Prior to any interview, the commissioner of the agency 
  4.34  responsible for assessing or investigating the report or local 
  4.35  welfare agency shall notify the parent, guardian, or legal 
  4.36  custodian of a child who will be interviewed in the manner 
  5.1   provided for in subdivision 10d, paragraph (a).  If reasonable 
  5.2   efforts to reach the parent, guardian, or legal custodian of a 
  5.3   child in an out-of-home placement have failed, the child may be 
  5.4   interviewed if there is reason to believe the interview is 
  5.5   necessary to protect the child or other children in the 
  5.6   facility.  The commissioner of the agency responsible for 
  5.7   assessing or investigating the report or local agency must 
  5.8   provide the information required in this subdivision to the 
  5.9   parent, guardian, or legal custodian of a child interviewed 
  5.10  without parental notification as soon as possible after the 
  5.11  interview.  When the investigation is completed, any parent, 
  5.12  guardian, or legal custodian notified under this subdivision 
  5.13  shall receive the written memorandum provided for in subdivision 
  5.14  10d, paragraph (c). 
  5.15     (c) In conducting investigations under this subdivision the 
  5.16  commissioner or local welfare agency responsible for assessing 
  5.17  or investigating the report shall obtain be given access to 
  5.18  information consistent with subdivision 10, paragraphs (g), (h), 
  5.19  (i), and (j), and shall be granted the same access to the 
  5.20  facility as the facility's licensing agency under the 
  5.21  corresponding facility licensing statute.  A facility that 
  5.22  denies the investigating agency access to this information shall 
  5.23  be subject to a negative licensing action by the appropriate 
  5.24  licensing agency.  When the agency responsible for assessing or 
  5.25  investigating a report under this section and the licensing 
  5.26  agency for the facility involved are not the same agency, the 
  5.27  investigating agency and the licensing agency may share not 
  5.28  public data as necessary to complete the investigation or to 
  5.29  determine appropriate licensing action. 
  5.30     (d) Except for foster care and family child care, the 
  5.31  commissioner has the primary responsibility for the 
  5.32  investigations and notifications required under subdivisions 10d 
  5.33  and 10f for reports that allege maltreatment related to the care 
  5.34  provided by or in facilities licensed by the commissioner.  The 
  5.35  commissioner may request assistance from the local social 
  5.36  services agency. 
  6.1      Sec. 4.  [EFFECTIVE DATE.] 
  6.2      Sections 1 to 3 are effective July 1, 2001.