HF 1326

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; modifying licensing and 
  1.3             reporting requirements; amending Minnesota Statutes 
  1.4             1998, sections 245A.04, subdivisions 3a and 3b; 
  1.5             245A.05; 245A.08, subdivision 5; 256E.08, by adding a 
  1.6             subdivision; and 626.556, subdivisions 10b, 10i, and 
  1.7             11c. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 245A.04, 
  1.10  subdivision 3a, is amended to read: 
  1.11     Subd. 3a.  [NOTIFICATION TO SUBJECT AND LICENSE HOLDER OF 
  1.12  STUDY RESULTS; DETERMINATION OF RISK OF HARM.] (a) The 
  1.13  commissioner shall notify the applicant or license holder and 
  1.14  the individual who is the subject of the study, in writing or by 
  1.15  electronic transmission, of the results of the study.  When the 
  1.16  study is completed, a notice that the study was undertaken and 
  1.17  completed shall be maintained in the personnel files of the 
  1.18  program.  For studies on individuals pertaining to a license to 
  1.19  provide family or foster care for children, foster care for 
  1.20  children in the provider's own home, or foster care or day care 
  1.21  services for adults in the provider's own home, the commissioner 
  1.22  is not required to provide a separate notice of the background 
  1.23  study results to the individual who is the subject of the study 
  1.24  unless the study results in a disqualification of the individual.
  1.25     The commissioner shall notify the individual studied if the 
  1.26  information in the study indicates the individual is 
  2.1   disqualified from direct contact with persons served by the 
  2.2   program.  The commissioner shall disclose the information 
  2.3   causing disqualification and instructions on how to request a 
  2.4   reconsideration of the disqualification to the individual 
  2.5   studied.  An applicant or license holder who is not the subject 
  2.6   of the study shall be informed that the commissioner has found 
  2.7   information that disqualifies the subject from direct contact 
  2.8   with persons served by the program.  However, only the 
  2.9   individual studied must be informed of the information contained 
  2.10  in the subject's background study unless the only basis for the 
  2.11  disqualification is failure to cooperate, the Data Practices Act 
  2.12  provides for release of the information, or the individual 
  2.13  studied authorizes the release of the information. 
  2.14     (b) Except for licensed child foster care and family day 
  2.15  care homes, if the commissioner determines that the individual 
  2.16  studied has a disqualifying characteristic, the commissioner 
  2.17  shall review the information immediately available and make a 
  2.18  determination as to the subject's immediate risk of harm to 
  2.19  persons served by the program where the individual studied will 
  2.20  have direct contact.  The commissioner shall consider all 
  2.21  relevant information available, including the following factors 
  2.22  in determining the immediate risk of harm:  the recency of the 
  2.23  disqualifying characteristic; the recency of discharge from 
  2.24  probation for the crimes; the number of disqualifying 
  2.25  characteristics; the intrusiveness or violence of the 
  2.26  disqualifying characteristic; the vulnerability of the victim 
  2.27  involved in the disqualifying characteristic; and the similarity 
  2.28  of the victim to the persons served by the program where the 
  2.29  individual studied will have direct contact.  The commissioner 
  2.30  may determine that the evaluation of the information immediately 
  2.31  available gives the commissioner reason to believe one of the 
  2.32  following: 
  2.33     (1) The individual poses an imminent risk of harm to 
  2.34  persons served by the program where the individual studied will 
  2.35  have direct contact.  If the commissioner determines that an 
  2.36  individual studied poses an imminent risk of harm to persons 
  3.1   served by the program where the individual studied will have 
  3.2   direct contact, the individual and the license holder must be 
  3.3   sent a notice of disqualification.  The commissioner shall order 
  3.4   the license holder to immediately remove the individual studied 
  3.5   from direct contact.  The notice to the individual studied must 
  3.6   include an explanation of the basis of this determination. 
  3.7      (2) The individual poses a risk of harm requiring 
  3.8   continuous supervision while providing direct contact services 
  3.9   during the period in which the subject may request a 
  3.10  reconsideration.  If the commissioner determines that an 
  3.11  individual studied poses a risk of harm that requires continuous 
  3.12  supervision, the individual and the license holder must be sent 
  3.13  a notice of disqualification.  The commissioner shall order the 
  3.14  license holder to immediately remove the individual studied from 
  3.15  direct contact services or assure that the individual studied is 
  3.16  within sight or hearing of another staff person when providing 
  3.17  direct contact services during the period in which the 
  3.18  individual may request a reconsideration of the 
  3.19  disqualification.  If the individual studied does not submit a 
  3.20  timely request for reconsideration, or the individual submits a 
  3.21  timely request for reconsideration, but the disqualification is 
  3.22  not set aside for that license holder, the license holder will 
  3.23  be notified of the disqualification and ordered to immediately 
  3.24  remove the individual from any position allowing direct contact 
  3.25  with persons receiving services from the license holder. 
  3.26     (3) The individual does not pose an imminent risk of harm 
  3.27  or a risk of harm requiring continuous supervision while 
  3.28  providing direct contact services during the period in which the 
  3.29  subject may request a reconsideration.  If the commissioner 
  3.30  determines that an individual studied does not pose a risk of 
  3.31  harm that requires continuous supervision, only the individual 
  3.32  must be sent a notice of disqualification.  The license holder 
  3.33  must be sent a notice that more time is needed to complete the 
  3.34  individual's background study.  If the individual studied 
  3.35  submits a timely request for reconsideration, and if the 
  3.36  disqualification is set aside for that license holder, the 
  4.1   license holder will receive the same notification received by 
  4.2   license holders in cases where the individual studied has no 
  4.3   disqualifying characteristic.  If the individual studied does 
  4.4   not submit a timely request for reconsideration, or the 
  4.5   individual submits a timely request for reconsideration, but the 
  4.6   disqualification is not set aside for that license holder, the 
  4.7   license holder will be notified of the disqualification and 
  4.8   ordered to immediately remove the individual from any position 
  4.9   allowing direct contact with persons receiving services from the 
  4.10  license holder. 
  4.11     Sec. 2.  Minnesota Statutes 1998, section 245A.04, 
  4.12  subdivision 3b, is amended to read: 
  4.13     Subd. 3b.  [RECONSIDERATION OF DISQUALIFICATION.] (a) The 
  4.14  individual who is the subject of the disqualification may 
  4.15  request a reconsideration of the disqualification.  
  4.16     The individual must submit the request for reconsideration 
  4.17  to the commissioner in writing.  A request for reconsideration 
  4.18  for an individual who has been sent a notice of disqualification 
  4.19  under subdivision 3a, paragraph (b), clause (1) or (2), must be 
  4.20  submitted within 30 calendar days of the disqualified 
  4.21  individual's receipt of the notice of disqualification.  A 
  4.22  request for reconsideration for an individual who has been sent 
  4.23  a notice of disqualification under subdivision 3a, paragraph 
  4.24  (b), clause (3), must be submitted within 15 calendar days of 
  4.25  the disqualified individual's receipt of the notice of 
  4.26  disqualification.  The commissioner must respond to a request 
  4.27  for reconsideration within three months of the request.  Removal 
  4.28  of a disqualified individual from direct contact shall be 
  4.29  ordered if the individual does not request reconsideration 
  4.30  within the prescribed time, and for an individual who submits a 
  4.31  timely request for reconsideration, if the disqualification is 
  4.32  not set aside.  The individual must present information showing 
  4.33  that: 
  4.34     (1) the information the commissioner relied upon is 
  4.35  incorrect or inaccurate.  If the basis of a reconsideration 
  4.36  request is that a maltreatment determination or disposition 
  5.1   under section 626.556 or 626.557 is incorrect, and the 
  5.2   commissioner has issued a final order in an appeal of that 
  5.3   determination or disposition under section 256.045, the 
  5.4   commissioner's order is conclusive on the issue of maltreatment; 
  5.5   or 
  5.6      (2) the subject of the study does not pose a risk of harm 
  5.7   to any person served by the applicant or license holder. 
  5.8      (b) The commissioner may set aside the disqualification 
  5.9   under this section if the commissioner finds that the 
  5.10  information the commissioner relied upon is incorrect or the 
  5.11  individual does not pose a risk of harm to any person served by 
  5.12  the applicant or license holder.  The commissioner must respond 
  5.13  to a request for a set-aside within three months.  In 
  5.14  determining that an individual does not pose a risk of harm, the 
  5.15  commissioner shall consider the consequences of the event or 
  5.16  events that lead to disqualification, whether there is more than 
  5.17  one disqualifying event, the vulnerability of the victim at the 
  5.18  time of the event, the time elapsed without a repeat of the same 
  5.19  or similar event, documentation of successful completion by the 
  5.20  individual studied of training or rehabilitation pertinent to 
  5.21  the event, and any other information relevant to 
  5.22  reconsideration.  In reviewing a disqualification under this 
  5.23  section, the commissioner shall give preeminent weight to the 
  5.24  safety of each person to be served by the license holder or 
  5.25  applicant over the interests of the license holder or applicant. 
  5.26     (c) Unless the information the commissioner relied on in 
  5.27  disqualifying an individual is incorrect, the commissioner may 
  5.28  not set aside the disqualification of an individual in 
  5.29  connection with a license to provide family day care for 
  5.30  children, foster care for children in the provider's own home, 
  5.31  or foster care or day care services for adults in the provider's 
  5.32  own home if: 
  5.33     (1) less than ten years have passed since the discharge of 
  5.34  the sentence imposed for the offense; and the individual has 
  5.35  been convicted of a violation of any offense listed in sections 
  5.36  609.20 (manslaughter in the first degree), 609.205 (manslaughter 
  6.1   in the second degree), criminal vehicular homicide under 609.21 
  6.2   (criminal vehicular homicide and injury), 609.215 (aiding 
  6.3   suicide or aiding attempted suicide), felony violations under 
  6.4   609.221 to 609.2231 (assault in the first, second, third, or 
  6.5   fourth degree), 609.713 (terroristic threats), 609.235 (use of 
  6.6   drugs to injure or to facilitate crime), 609.24 (simple 
  6.7   robbery), 609.245 (aggravated robbery), 609.25 (kidnapping), 
  6.8   609.255 (false imprisonment), 609.561 or 609.562 (arson in the 
  6.9   first or second degree), 609.71 (riot), burglary in the first or 
  6.10  second degree under 609.582 (burglary), 609.66 (dangerous 
  6.11  weapon), 609.665 (spring guns), 609.67 (machine guns and 
  6.12  short-barreled shotguns), 609.749 (harassment; stalking), 
  6.13  152.021 or 152.022 (controlled substance crime in the first or 
  6.14  second degree), 152.023, subdivision 1, clause (3) or (4), or 
  6.15  subdivision 2, clause (4) (controlled substance crime in the 
  6.16  third degree), 152.024, subdivision 1, clause (2), (3), or (4) 
  6.17  (controlled substance crime in the fourth degree), 609.224, 
  6.18  subdivision 2, paragraph (c) (fifth-degree assault by a 
  6.19  caregiver against a vulnerable adult), 609.228 (great bodily 
  6.20  harm caused by distribution of drugs), 609.23 (mistreatment of 
  6.21  persons confined), 609.231 (mistreatment of residents or 
  6.22  patients), 609.2325 (criminal abuse of a vulnerable adult), 
  6.23  609.233 (criminal neglect of a vulnerable adult), 609.2335 
  6.24  (financial exploitation of a vulnerable adult), 609.234 (failure 
  6.25  to report), 609.265 (abduction), 609.2664 to 609.2665 
  6.26  (manslaughter of an unborn child in the first or second degree), 
  6.27  609.267 to 609.2672 (assault of an unborn child in the first, 
  6.28  second, or third degree), 609.268 (injury or death of an unborn 
  6.29  child in the commission of a crime), 617.293 (disseminating or 
  6.30  displaying harmful material to minors), 609.378 (neglect or 
  6.31  endangerment of a child), a gross misdemeanor offense under 
  6.32  609.377 (malicious punishment of a child), 609.72, subdivision 3 
  6.33  (disorderly conduct against a vulnerable adult); or an attempt 
  6.34  or conspiracy to commit any of these offenses, as each of these 
  6.35  offenses is defined in Minnesota Statutes; or an offense in any 
  6.36  other state, the elements of which are substantially similar to 
  7.1   the elements of any of the foregoing offenses; 
  7.2      (2) regardless of how much time has passed since the 
  7.3   discharge of the sentence imposed for the offense, the 
  7.4   individual was convicted of a violation of any offense listed in 
  7.5   sections 609.185 to 609.195 (murder in the first, second, or 
  7.6   third degree), 609.2661 to 609.2663 (murder of an unborn child 
  7.7   in the first, second, or third degree), a felony offense under 
  7.8   609.377 (malicious punishment of a child), 609.322 
  7.9   (solicitation, inducement, and promotion of prostitution), 
  7.10  609.342 to 609.345 (criminal sexual conduct in the first, 
  7.11  second, third, or fourth degree), 609.352 (solicitation of 
  7.12  children to engage in sexual conduct), 617.246 (use of minors in 
  7.13  a sexual performance), 617.247 (possession of pictorial 
  7.14  representations of a minor), 609.365 (incest), a felony offense 
  7.15  under sections 609.2242 and 609.2243 (domestic assault), a 
  7.16  felony offense of spousal abuse, a felony offense of child abuse 
  7.17  or neglect, a felony offense of a crime against children, or an 
  7.18  attempt or conspiracy to commit any of these offenses as defined 
  7.19  in Minnesota Statutes, or an offense in any other state, the 
  7.20  elements of which are substantially similar to any of the 
  7.21  foregoing offenses; 
  7.22     (3) within the seven years preceding the study, the 
  7.23  individual committed an act that constitutes maltreatment of a 
  7.24  child under section 626.556, subdivision 10e, and that resulted 
  7.25  in substantial bodily harm as defined in section 609.02, 
  7.26  subdivision 7a, or substantial mental or emotional harm as 
  7.27  supported by competent psychological or psychiatric evidence; or 
  7.28     (4) within the seven years preceding the study, the 
  7.29  individual was determined under section 626.557 to be the 
  7.30  perpetrator of a substantiated incident of maltreatment of a 
  7.31  vulnerable adult that resulted in substantial bodily harm as 
  7.32  defined in section 609.02, subdivision 7a, or substantial mental 
  7.33  or emotional harm as supported by competent psychological or 
  7.34  psychiatric evidence. 
  7.35     In the case of any ground for disqualification under 
  7.36  clauses (1) to (4), if the act was committed by an individual 
  8.1   other than the applicant or license holder residing in the 
  8.2   applicant's or license holder's home, the applicant or license 
  8.3   holder may seek reconsideration when the individual who 
  8.4   committed the act no longer resides in the home.  
  8.5      The disqualification periods provided under clauses (1), 
  8.6   (3), and (4) are the minimum applicable disqualification 
  8.7   periods.  The commissioner may determine that an individual 
  8.8   should continue to be disqualified from licensure because the 
  8.9   license holder or applicant poses a risk of harm to a person 
  8.10  served by that individual after the minimum disqualification 
  8.11  period has passed. 
  8.12     (d) The commissioner shall respond in writing or by 
  8.13  electronic transmission to all reconsideration requests for 
  8.14  which the basis for the request is that the information relied 
  8.15  upon by the commissioner to disqualify is incorrect or 
  8.16  inaccurate within 30 working days of receipt of a request and 
  8.17  all relevant information.  If the basis for the request is that 
  8.18  the individual does not pose a risk of harm, the commissioner 
  8.19  shall respond to the request within 15 working days after 
  8.20  receiving the request for reconsideration and all relevant 
  8.21  information.  If the disqualification is set aside, the 
  8.22  commissioner shall notify the applicant or license holder in 
  8.23  writing or by electronic transmission of the decision. 
  8.24     (e) Except as provided in subdivision 3c, the 
  8.25  commissioner's decision to disqualify an individual, including 
  8.26  the decision to grant or deny a rescission or set aside a 
  8.27  disqualification under this section, is the final administrative 
  8.28  agency action and shall not be subject to further review in a 
  8.29  contested case under chapter 14 involving a negative licensing 
  8.30  appeal taken in response to the disqualification or involving an 
  8.31  accuracy and completeness appeal under section 13.04. 
  8.32     Sec. 3.  Minnesota Statutes 1998, section 245A.05, is 
  8.33  amended to read: 
  8.34     245A.05 [DENIAL OF APPLICATION.] 
  8.35     (a) An applicant whose application has been denied by the 
  8.36  commissioner must be given notice of the denial.  Notice must be 
  9.1   given by certified mail.  The notice must state the reasons the 
  9.2   application was denied and must inform the applicant of the 
  9.3   right to a contested case hearing under chapter 14.  The 
  9.4   applicant may appeal the denial by notifying the commissioner in 
  9.5   writing by certified mail within 20 calendar days after 
  9.6   receiving notice that the application was denied.  Section 
  9.7   245A.08 applies to hearings held to appeal the commissioner's 
  9.8   denial of an application. 
  9.9      (b) An applicant whose license has been denied by the 
  9.10  commissioner may not reapply for a license for five years 
  9.11  following the denial of application. 
  9.12     Sec. 4.  Minnesota Statutes 1998, section 245A.08, 
  9.13  subdivision 5, is amended to read: 
  9.14     Subd. 5.  [NOTICE OF THE COMMISSIONER'S FINAL ORDER.] After 
  9.15  considering the findings of fact, conclusions, and 
  9.16  recommendations of the administrative law judge, the 
  9.17  commissioner shall issue a final order.  The commissioner shall 
  9.18  consider, but shall not be bound by, the recommendations of the 
  9.19  administrative law judge.  The appellant must be notified of the 
  9.20  commissioner's final order as required by chapter 14.  The 
  9.21  notice must also contain information about the appellant's 
  9.22  rights under chapter 14.  The institution of proceedings for 
  9.23  judicial review of the commissioner's final order shall not stay 
  9.24  the enforcement of the final order except as provided in section 
  9.25  14.65.  A license holder and each controlling individual of a 
  9.26  license holder whose license has been revoked because of 
  9.27  noncompliance with applicable law or rule must not be granted a 
  9.28  license for five years following the revocation.  An applicant 
  9.29  whose application was denied must not be granted a license for 
  9.30  two years following a denial, unless the applicant's subsequent 
  9.31  application contains new information which constitutes a 
  9.32  substantial change in the conditions that caused the previous 
  9.33  denial. 
  9.34     Sec. 5.  Minnesota Statutes 1998, section 256E.08, is 
  9.35  amended by adding a subdivision to read: 
  9.36     Subd. 4a.  [EXEMPTION FROM LIABILITY.] The state of 
 10.1   Minnesota, the county boards participating in the community 
 10.2   social services plan, or the agencies acting on behalf of the 
 10.3   county boards in the implementation and administration of the 
 10.4   community social services plan shall not be liable for damages, 
 10.5   injuries, or liabilities sustained through the purchase of 
 10.6   services by the individual, the individual's family, or the 
 10.7   authorized representative under this section with funds received 
 10.8   through the community social services plan.  Liabilities 
 10.9   include, but are not limited to, workers' compensation 
 10.10  liability, the Federal Insurance Contributions Act (FICA), or 
 10.11  the Federal Unemployment Tax Act (FUTA). 
 10.12     Sec. 6.  Minnesota Statutes 1998, section 626.556, 
 10.13  subdivision 10b, is amended to read: 
 10.14     Subd. 10b.  [DUTIES OF COMMISSIONER; NEGLECT OR ABUSE IN 
 10.15  FACILITY.] (a) The commissioner shall immediately investigate if 
 10.16  the report alleges that: 
 10.17     (1) a child who is in the care of a facility as defined in 
 10.18  subdivision 2 is neglected, physically abused, or sexually 
 10.19  abused by an individual in that facility, or has been so 
 10.20  neglected or abused by an individual in that facility within the 
 10.21  three years preceding the report; or 
 10.22     (2) a child was neglected, physically abused, or sexually 
 10.23  abused by an individual in a facility defined in subdivision 2, 
 10.24  while in the care of that facility within the three years 
 10.25  preceding the report.  
 10.26     The commissioner shall arrange for the transmittal to the 
 10.27  commissioner of reports received by local agencies and may 
 10.28  delegate to a local welfare agency the duty to investigate 
 10.29  reports.  In conducting an investigation under this section, the 
 10.30  commissioner has the powers and duties specified for local 
 10.31  welfare agencies under this section.  The commissioner or local 
 10.32  welfare agency may interview any children who are or have been 
 10.33  in the care of a facility under investigation and their parents, 
 10.34  guardians, or legal custodians. 
 10.35     (b) Prior to any interview, the commissioner or local 
 10.36  welfare agency shall notify the parent, guardian, or legal 
 11.1   custodian of a child who will be interviewed in the manner 
 11.2   provided for in subdivision 10d, paragraph (a).  If reasonable 
 11.3   efforts to reach the parent, guardian, or legal custodian of a 
 11.4   child in an out-of-home placement have failed, the child may be 
 11.5   interviewed if there is reason to believe the interview is 
 11.6   necessary to protect the child or other children in the 
 11.7   facility.  The commissioner or local agency must provide the 
 11.8   information required in this subdivision to the parent, 
 11.9   guardian, or legal custodian of a child interviewed without 
 11.10  parental notification as soon as possible after the interview.  
 11.11  When the investigation is completed, any parent, guardian, or 
 11.12  legal custodian notified under this subdivision shall receive 
 11.13  the written memorandum provided for in subdivision 10d, 
 11.14  paragraph (c). 
 11.15     (c) In conducting investigations under this subdivision the 
 11.16  commissioner or local welfare agency shall obtain access to 
 11.17  information consistent with subdivision 10, paragraphs (h), (i), 
 11.18  and (j). 
 11.19     (d) Except for foster care and family child care, the 
 11.20  commissioner has the primary responsibility for the 
 11.21  investigations and notifications required under subdivisions 10d 
 11.22  and 10f for reports that allege maltreatment related to the care 
 11.23  provided by or in facilities licensed by the commissioner.  The 
 11.24  commissioner may request assistance from the local social 
 11.25  service agency. 
 11.26     (e) The commissioner must make a determination within six 
 11.27  weeks after an investigation has been completed. 
 11.28     Sec. 7.  Minnesota Statutes 1998, section 626.556, 
 11.29  subdivision 10i, is amended to read: 
 11.30     Subd. 10i.  [ADMINISTRATIVE RECONSIDERATION OF FINAL 
 11.31  DETERMINATION OF MALTREATMENT.] (a) An individual or facility 
 11.32  that the commissioner or a local social service agency 
 11.33  determines has maltreated a child, or the child's designee, 
 11.34  regardless of the determination, who contests the investigating 
 11.35  agency's final determination regarding maltreatment, may request 
 11.36  the investigating agency to reconsider its final determination 
 12.1   regarding maltreatment.  The request for reconsideration must be 
 12.2   submitted in writing to the investigating agency within 15 
 12.3   calendar days after receipt of notice of the final determination 
 12.4   regarding maltreatment.  
 12.5      (b) If the investigating agency denies the request or fails 
 12.6   to act upon the request within 15 calendar days after receiving 
 12.7   the request for reconsideration, the person or facility entitled 
 12.8   to a fair hearing under section 256.045 may submit to the 
 12.9   commissioner of human services a written request for a hearing 
 12.10  under that section. 
 12.11     (c) If, as a result of the reconsideration, the 
 12.12  investigating agency changes the final determination of 
 12.13  maltreatment, that agency shall notify the parties specified in 
 12.14  subdivisions 10b, 10d, and 10f. 
 12.15     (d) If an individual or facility contests the investigating 
 12.16  agency's final determination regarding maltreatment, the hearing 
 12.17  conducted under section 256.045 must be held within six weeks 
 12.18  from the date of the request for a hearing.  A decision must be 
 12.19  made within six weeks after a hearing is held. 
 12.20     Sec. 8.  Minnesota Statutes 1998, section 626.556, 
 12.21  subdivision 11c, is amended to read: 
 12.22     Subd. 11c.  [WELFARE, COURT SERVICES AGENCY, AND SCHOOL 
 12.23  RECORDS MAINTAINED.] Notwithstanding sections 138.163 and 
 12.24  138.17, records maintained or records derived from reports of 
 12.25  abuse by local welfare agencies, court services agencies, or 
 12.26  schools under this section shall be destroyed as provided in 
 12.27  paragraphs (a) to (d) by the responsible authority. 
 12.28     (a) If upon assessment or investigation there is no 
 12.29  determination of maltreatment or the need for child protective 
 12.30  services, the records must be maintained for a period of four 
 12.31  five years.  Records under this paragraph may not be used for 
 12.32  employment, background checks, or purposes other than to assist 
 12.33  in future risk and safety assessments. 
 12.34     (b) All records relating to reports which, upon assessment 
 12.35  or investigation, indicate either maltreatment or a need for 
 12.36  child protective services shall be maintained for at least ten 
 13.1   years after the date of the final entry in the case record. 
 13.2      (c) All records regarding a report of maltreatment, 
 13.3   including any notification of intent to interview which was 
 13.4   received by a school under subdivision 10, paragraph (d), shall 
 13.5   be destroyed by the school when ordered to do so by the agency 
 13.6   conducting the assessment or investigation.  The agency shall 
 13.7   order the destruction of the notification when other records 
 13.8   relating to the report under investigation or assessment are 
 13.9   destroyed under this subdivision. 
 13.10     (d) Private or confidential data released to a court 
 13.11  services agency under subdivision 10h must be destroyed by the 
 13.12  court services agency when ordered to do so by the local welfare 
 13.13  agency that released the data.  The local welfare agency shall 
 13.14  order destruction of the data when other records relating to the 
 13.15  assessment or investigation are destroyed under this subdivision.