HF 1338

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/13/2013 07:20pm

A bill for an act
relating to child protection; requiring parent notification of incidents that may
involve child maltreatment in a school facility; amending Minnesota Statutes
2012, section 626.556, subdivision 7.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 626.556, subdivision 7, is amended to read:

Subd. 7.

Report new text begin ; information provided to parent new text end .

(a) An oral report shall be made
immediately by telephone or otherwise. An oral report made by a person required under
subdivision 3 to report shall be followed within 72 hours, exclusive of weekends and
holidays, by a report in writing to the appropriate police department, the county sheriff, the
agency responsible for assessing or investigating the report, or the local welfare agency,
unless the appropriate agency has informed the reporter that the oral information does
not constitute a report under subdivision 10. The local welfare agency shall determine
if the report is accepted for an assessment or investigation as soon as possible but in no
event longer than 24 hours after the report is received. Any report shall be of sufficient
content to identify the child, any person believed to be responsible for the abuse or neglect
of the child if the person is known, the nature and extent of the abuse or neglect and the
name and address of the reporter. If requested, the local welfare agency or the agency
responsible for assessing or investigating the report shall inform the reporter within ten
days after the report is made, either orally or in writing, whether the report was accepted
for assessment or investigation. Written reports received by a police department or the
county sheriff shall be forwarded immediately to the local welfare agency or the agency
responsible for assessing or investigating the report. The police department or the county
sheriff may keep copies of reports received by them. Copies of written reports received by
a local welfare department or the agency responsible for assessing or investigating the
report shall be forwarded immediately to the local police department or the county sheriff.

(b) Notwithstanding paragraph (a), the commissioner of education must inform the
parent, guardian, or legal custodian of the child who is the subject of a report of alleged
maltreatment in a school facility within ten days of receiving the report, either orally or
in writing, whether the commissioner is assessing or investigating the report of alleged
maltreatment.

(c) new text begin Regardless of whether a report is made under this subdivision, as soon as
practicable after a school receives information regarding an incident that may constitute
maltreatment of a child in a school facility, the school shall inform the parent, legal
guardian, or custodian of the child that an incident has occurred that may constitute
maltreatment of the child, when the incident occurred, and the nature of the conduct
that may constitute maltreatment.
new text end

new text begin (d) new text end A written copy of a report maintained by personnel of agencies, other than
welfare or law enforcement agencies, which are subject to chapter 13 shall be confidential.
An individual subject of the report may obtain access to the original report as provided
by subdivision 11.