Minnesota Legislature
HF 473
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
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| Introduction | Posted on 01/31/2007 |
Current Version - as introduced
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A bill for an act
relating to education; clarifying agency jurisdiction for investigating reports of
alleged maltreatment of minors; developing a plan to implement a repository
for information on child abuse offenders; amending Minnesota Statutes 2006,
section 626.556, subdivisions 3b, 10h.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 626.556, subdivision 3b, is amended to
read:
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 deleted text begin as defined in sectionsdeleted text end new text begin under
sectionnew text end 120A.05, subdivisions 9, 11, and 13; deleted text begin anddeleted text end new text begin charter schools under sectionnew text end 124D.10deleted text begin .deleted text end new text begin ,
and early childhood family education programs under section 124D.13. The Department
of Education is also the agency responsible for assessing or investigating allegations
of child maltreatment in school-age care programs under section 124D.19, subdivision
11, which are located in schools under section 120A.05, subdivisions 9, 11, and 13, or
charter schools under section 124D.10, and when the allegation identifies a school district
employee as the person responsible for the alleged maltreatment.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 2.
Minnesota Statutes 2006, section 626.556, subdivision 10h, is amended to read:
Subd. 10h.
Child abuse data; release to family court services.
new text begin
(a) The
commissioner of education must provide to the commissioner of human services the final
dispositions of substantiated reports of maltreatment, including the name of the victim,
the identity of the individual or facility determined to have maltreated a minor, the nature
of the maltreatment, and the date of the agencya??s final disposition. The commissioner of
human services shall establish records to retain the names of substantiated offenders.
new text end
new text begin
(b) Prior reports of maltreatment, including the identity of individuals determined to
have maltreated a minor, which are maintained by the commissioner of human services,
shall be made available to the commissioner of education, upon request, under this
paragraph and subdivision 10g.
new text end
new text begin (c) new text end 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.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3. new text begin PLAN FOR IMPLEMENTING A REPOSITORY FOR INFORMATION
REGARDING CHILD ABUSE OFFENDERS.
new text end
new text begin
The commissioners of education and human services, in consultation with the
Information Policy Analysis Division of the Department of Administration, must submit
a plan for implementing a repository for information regarding child abuse offenders to
the Education and Human Services Policy and Finance Committees of the legislature by
February 15, 2008. The plan must require all agencies that conduct investigations of
alleged maltreatment to notify a designated agency of offenders that have maltreated
minors in the home, school, or community setting.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end