HF 1352

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to children; child support and protection; 
  1.3             changing certain child support procedures and 
  1.4             requirements; making certain clarifications; 
  1.5             authorizing creation of an account; modifying 
  1.6             procedures for an emergency petition for domestic 
  1.7             child abuse; authorizing counties to establish 
  1.8             alternative responses to child maltreatment reports; 
  1.9             modifying definitions in the Child Abuse Reporting 
  1.10            Act; providing for the department of children, 
  1.11            families, and learning to investigate allegations of 
  1.12            child maltreatment in a school; providing for the 
  1.13            department of health to investigate alleged child 
  1.14            maltreatment by unlicensed home health care providers; 
  1.15            providing for information sharing under the Child 
  1.16            Abuse Reporting Act; providing for screening criteria 
  1.17            for maltreatment reports and criteria for use of 
  1.18            alternative programs; amending Minnesota Statutes 
  1.19            1998, sections 13.46, subdivision 2; 256.01, 
  1.20            subdivision 2; 256.87, subdivision 1a; 256.978, 
  1.21            subdivision 1; 257.62, subdivision 5; 257.75, 
  1.22            subdivision 2; 260.015, subdivisions 2a and 28; 
  1.23            260.133, subdivision 2; 260.155, subdivisions 4 and 8; 
  1.24            260.191, subdivision 1b; 518.10; 518.551, by adding a 
  1.25            subdivision; 518.57, subdivision 3; 518.5851, by 
  1.26            adding a subdivision; 518.5853, by adding a 
  1.27            subdivision; 518.64, subdivision 2; 548.09, 
  1.28            subdivision 1; 548.091, subdivisions 1, 1a, 2a, 3a, 4, 
  1.29            10, 11, 12, and by adding a subdivision; 552.05, 
  1.30            subdivision 10; 626.556, subdivisions 2, 3, 4, 7, 10b, 
  1.31            10d, 10e, 10f, 10j, 11, 11b, 11c, and by adding a 
  1.32            subdivision; and 626.558, subdivision 2; Laws 1995, 
  1.33            chapter 257, article 1, section 35, subdivision 1; 
  1.34            proposing coding for new law in Minnesota Statutes, 
  1.35            chapters 518; and 626; repealing Minnesota Statutes 
  1.36            1998, sections 256.979; 256.9791; and 548.091, 
  1.37            subdivisions 3, 5, and 6. 
  1.38  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.39                             ARTICLE 1 
  1.40                           CHILD SUPPORT
  1.41     Section 1.  Minnesota Statutes 1998, section 13.46, 
  2.1   subdivision 2, is amended to read: 
  2.2      Subd. 2.  [GENERAL.] (a) Unless the data is summary data or 
  2.3   a statute specifically provides a different classification, data 
  2.4   on individuals collected, maintained, used, or disseminated by 
  2.5   the welfare system is private data on individuals, and shall not 
  2.6   be disclosed except:  
  2.7      (1) according to section 13.05; 
  2.8      (2) according to court order; 
  2.9      (3) according to a statute specifically authorizing access 
  2.10  to the private data; 
  2.11     (4) to an agent of the welfare system, including a law 
  2.12  enforcement person, attorney, or investigator acting for it in 
  2.13  the investigation or prosecution of a criminal or civil 
  2.14  proceeding relating to the administration of a program; 
  2.15     (5) to personnel of the welfare system who require the data 
  2.16  to determine eligibility, amount of assistance, and the need to 
  2.17  provide services of additional programs to the individual; 
  2.18     (6) to administer federal funds or programs; 
  2.19     (7) between personnel of the welfare system working in the 
  2.20  same program; 
  2.21     (8) the amounts of cash public assistance and relief paid 
  2.22  to welfare recipients in this state, including their names, 
  2.23  social security numbers, income, addresses, and other data as 
  2.24  required, upon request by the department of revenue to 
  2.25  administer the property tax refund law, supplemental housing 
  2.26  allowance, early refund of refundable tax credits, and the 
  2.27  income tax.  "Refundable tax credits" means the dependent care 
  2.28  credit under section 290.067, the Minnesota working family 
  2.29  credit under section 290.0671, the property tax refund under 
  2.30  section 290A.04, and, if the required federal waiver or waivers 
  2.31  are granted, the federal earned income tax credit under section 
  2.32  32 of the Internal Revenue Code; 
  2.33     (9) between the department of human services and the 
  2.34  Minnesota department of economic security for the purpose of 
  2.35  monitoring the eligibility of the data subject for reemployment 
  2.36  insurance, for any employment or training program administered, 
  3.1   supervised, or certified by that agency, for the purpose of 
  3.2   administering any rehabilitation program, whether alone or in 
  3.3   conjunction with the welfare system, or to monitor and evaluate 
  3.4   the statewide Minnesota family investment program by exchanging 
  3.5   data on recipients and former recipients of food stamps, cash 
  3.6   assistance under chapter 256, 256D, 256J, or 256K, child care 
  3.7   assistance under chapter 119B, or medical programs under chapter 
  3.8   256B, 256D, or 256L; 
  3.9      (10) to appropriate parties in connection with an emergency 
  3.10  if knowledge of the information is necessary to protect the 
  3.11  health or safety of the individual or other individuals or 
  3.12  persons; 
  3.13     (11) data maintained by residential programs as defined in 
  3.14  section 245A.02 may be disclosed to the protection and advocacy 
  3.15  system established in this state according to Part C of Public 
  3.16  Law Number 98-527 to protect the legal and human rights of 
  3.17  persons with mental retardation or other related conditions who 
  3.18  live in residential facilities for these persons if the 
  3.19  protection and advocacy system receives a complaint by or on 
  3.20  behalf of that person and the person does not have a legal 
  3.21  guardian or the state or a designee of the state is the legal 
  3.22  guardian of the person; 
  3.23     (12) to the county medical examiner or the county coroner 
  3.24  for identifying or locating relatives or friends of a deceased 
  3.25  person; 
  3.26     (13) data on a child support obligor who makes payments to 
  3.27  the public agency may be disclosed to the higher education 
  3.28  services office to the extent necessary to determine eligibility 
  3.29  under section 136A.121, subdivision 2, clause (5); 
  3.30     (14) participant social security numbers and names 
  3.31  collected by the telephone assistance program may be disclosed 
  3.32  to the department of revenue to conduct an electronic data match 
  3.33  with the property tax refund database to determine eligibility 
  3.34  under section 237.70, subdivision 4a; 
  3.35     (15) the current address of a recipient of aid to families 
  3.36  with dependent children or Minnesota family investment 
  4.1   program-statewide may be disclosed to law enforcement officers 
  4.2   who provide the name of the recipient and notify the agency that:
  4.3      (i) the recipient: 
  4.4      (A) is a fugitive felon fleeing to avoid prosecution, or 
  4.5   custody or confinement after conviction, for a crime or attempt 
  4.6   to commit a crime that is a felony under the laws of the 
  4.7   jurisdiction from which the individual is fleeing; or 
  4.8      (B) is violating a condition of probation or parole imposed 
  4.9   under state or federal law; 
  4.10     (ii) the location or apprehension of the felon is within 
  4.11  the law enforcement officer's official duties; and 
  4.12     (iii)  the request is made in writing and in the proper 
  4.13  exercise of those duties; 
  4.14     (16) the current address of a recipient of general 
  4.15  assistance or general assistance medical care may be disclosed 
  4.16  to probation officers and corrections agents who are supervising 
  4.17  the recipient and to law enforcement officers who are 
  4.18  investigating the recipient in connection with a felony level 
  4.19  offense; 
  4.20     (17) information obtained from food stamp applicant or 
  4.21  recipient households may be disclosed to local, state, or 
  4.22  federal law enforcement officials, upon their written request, 
  4.23  for the purpose of investigating an alleged violation of the 
  4.24  Food Stamp Act, according to Code of Federal Regulations, title 
  4.25  7, section 272.1(c); 
  4.26     (18) the address, social security number, and, if 
  4.27  available, photograph of any member of a household receiving 
  4.28  food stamps shall be made available, on request, to a local, 
  4.29  state, or federal law enforcement officer if the officer 
  4.30  furnishes the agency with the name of the member and notifies 
  4.31  the agency that:  
  4.32     (i) the member: 
  4.33     (A) is fleeing to avoid prosecution, or custody or 
  4.34  confinement after conviction, for a crime or attempt to commit a 
  4.35  crime that is a felony in the jurisdiction the member is 
  4.36  fleeing; 
  5.1      (B) is violating a condition of probation or parole imposed 
  5.2   under state or federal law; or 
  5.3      (C) has information that is necessary for the officer to 
  5.4   conduct an official duty related to conduct described in subitem 
  5.5   (A) or (B); 
  5.6      (ii) locating or apprehending the member is within the 
  5.7   officer's official duties; and 
  5.8      (iii) the request is made in writing and in the proper 
  5.9   exercise of the officer's official duty; 
  5.10     (19) certain information regarding child support obligors 
  5.11  who are in arrears may be made public according to section 
  5.12  518.575; 
  5.13     (20) data on child support payments made by a child support 
  5.14  obligor and data on the distribution of those payments excluding 
  5.15  identifying information on obligees may be disclosed to all 
  5.16  obligees to whom the obligor owes support, and data on the 
  5.17  enforcement actions undertaken by the public authority, the 
  5.18  status of those actions, and data on the income of the obligor 
  5.19  or obligee may be disclosed to the other party; 
  5.20     (21) data in the work reporting system may be disclosed 
  5.21  under section 256.998, subdivision 7; 
  5.22     (22) to the department of children, families, and learning 
  5.23  for the purpose of matching department of children, families, 
  5.24  and learning student data with public assistance data to 
  5.25  determine students eligible for free and reduced price meals, 
  5.26  meal supplements, and free milk according to United States Code, 
  5.27  title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to 
  5.28  produce accurate numbers of students receiving aid to families 
  5.29  with dependent children or Minnesota family investment 
  5.30  program-statewide as required by section 126C.06; to allocate 
  5.31  federal and state funds that are distributed based on income of 
  5.32  the student's family; and to verify receipt of energy assistance 
  5.33  for the telephone assistance plan; 
  5.34     (23) the current address and telephone number of program 
  5.35  recipients and emergency contacts may be released to the 
  5.36  commissioner of health or a local board of health as defined in 
  6.1   section 145A.02, subdivision 2, when the commissioner or local 
  6.2   board of health has reason to believe that a program recipient 
  6.3   is a disease case, carrier, suspect case, or at risk of illness, 
  6.4   and the data are necessary to locate the person; 
  6.5      (24) to other state agencies, statewide systems, and 
  6.6   political subdivisions of this state, including the attorney 
  6.7   general, and agencies of other states, interstate information 
  6.8   networks, federal agencies, and other entities as required by 
  6.9   federal regulation or law for the administration of the child 
  6.10  support enforcement program; 
  6.11     (25) to personnel of public assistance programs as defined 
  6.12  in section 256.741, for access to the child support system 
  6.13  database for the purpose of administration, including monitoring 
  6.14  and evaluation of those public assistance programs; or 
  6.15     (26) to monitor and evaluate the statewide Minnesota family 
  6.16  investment program by exchanging data between the departments of 
  6.17  human services and children, families, and learning, on 
  6.18  recipients and former recipients of food stamps, cash assistance 
  6.19  under chapter 256, 256D, 256J, or 256K, child care assistance 
  6.20  under chapter 119B, or medical programs under chapter 256B, 
  6.21  256D, or 256L; or 
  6.22     (27) to evaluate child support program performance and to 
  6.23  identify and prevent fraud in the child support program by 
  6.24  exchanging data between the department of human services, 
  6.25  department of revenue, department of health, department of 
  6.26  economic security, and other state agencies as is reasonably 
  6.27  necessary to perform these functions.  
  6.28     (b) Information on persons who have been treated for drug 
  6.29  or alcohol abuse may only be disclosed according to the 
  6.30  requirements of Code of Federal Regulations, title 42, sections 
  6.31  2.1 to 2.67. 
  6.32     (c) Data provided to law enforcement agencies under 
  6.33  paragraph (a), clause (15), (16), (17), or (18), or paragraph 
  6.34  (b), are investigative data and are confidential or protected 
  6.35  nonpublic while the investigation is active.  The data are 
  6.36  private after the investigation becomes inactive under section 
  7.1   13.82, subdivision 5, paragraph (a) or (b). 
  7.2      (d) Mental health data shall be treated as provided in 
  7.3   subdivisions 7, 8, and 9, but is not subject to the access 
  7.4   provisions of subdivision 10, paragraph (b). 
  7.5      Sec. 2.  Minnesota Statutes 1998, section 256.01, 
  7.6   subdivision 2, is amended to read: 
  7.7      Subd. 2.  [SPECIFIC POWERS.] Subject to the provisions of 
  7.8   section 241.021, subdivision 2, the commissioner of human 
  7.9   services shall: 
  7.10     (1) Administer and supervise all forms of public assistance 
  7.11  provided for by state law and other welfare activities or 
  7.12  services as are vested in the commissioner.  Administration and 
  7.13  supervision of human services activities or services includes, 
  7.14  but is not limited to, assuring timely and accurate distribution 
  7.15  of benefits, completeness of service, and quality program 
  7.16  management.  In addition to administering and supervising human 
  7.17  services activities vested by law in the department, the 
  7.18  commissioner shall have the authority to: 
  7.19     (a) require county agency participation in training and 
  7.20  technical assistance programs to promote compliance with 
  7.21  statutes, rules, federal laws, regulations, and policies 
  7.22  governing human services; 
  7.23     (b) monitor, on an ongoing basis, the performance of county 
  7.24  agencies in the operation and administration of human services, 
  7.25  enforce compliance with statutes, rules, federal laws, 
  7.26  regulations, and policies governing welfare services and promote 
  7.27  excellence of administration and program operation; 
  7.28     (c) develop a quality control program or other monitoring 
  7.29  program to review county performance and accuracy of benefit 
  7.30  determinations; 
  7.31     (d) require county agencies to make an adjustment to the 
  7.32  public assistance benefits issued to any individual consistent 
  7.33  with federal law and regulation and state law and rule and to 
  7.34  issue or recover benefits as appropriate; 
  7.35     (e) delay or deny payment of all or part of the state and 
  7.36  federal share of benefits and administrative reimbursement 
  8.1   according to the procedures set forth in section 256.017; 
  8.2      (f) make contracts with and grants to public and private 
  8.3   agencies and organizations, both profit and nonprofit, and 
  8.4   individuals, using appropriated funds; and 
  8.5      (g) enter into contractual agreements with federally 
  8.6   recognized Indian tribes with a reservation in Minnesota to the 
  8.7   extent necessary for the tribe to operate a federally approved 
  8.8   family assistance program or any other program under the 
  8.9   supervision of the commissioner.  The commissioner shall consult 
  8.10  with the affected county or counties in the contractual 
  8.11  agreement negotiations, if the county or counties wish to be 
  8.12  included, in order to avoid the duplication of county and tribal 
  8.13  assistance program services.  The commissioner may establish 
  8.14  necessary accounts for the purposes of receiving and disbursing 
  8.15  funds as necessary for the operation of the programs. 
  8.16     (2) Inform county agencies, on a timely basis, of changes 
  8.17  in statute, rule, federal law, regulation, and policy necessary 
  8.18  to county agency administration of the programs. 
  8.19     (3) Administer and supervise all child welfare activities; 
  8.20  promote the enforcement of laws protecting handicapped, 
  8.21  dependent, neglected and delinquent children, and children born 
  8.22  to mothers who were not married to the children's fathers at the 
  8.23  times of the conception nor at the births of the children; 
  8.24  license and supervise child-caring and child-placing agencies 
  8.25  and institutions; supervise the care of children in boarding and 
  8.26  foster homes or in private institutions; and generally perform 
  8.27  all functions relating to the field of child welfare now vested 
  8.28  in the state board of control. 
  8.29     (4) Administer and supervise all noninstitutional service 
  8.30  to handicapped persons, including those who are visually 
  8.31  impaired, hearing impaired, or physically impaired or otherwise 
  8.32  handicapped.  The commissioner may provide and contract for the 
  8.33  care and treatment of qualified indigent children in facilities 
  8.34  other than those located and available at state hospitals when 
  8.35  it is not feasible to provide the service in state hospitals. 
  8.36     (5) Assist and actively cooperate with other departments, 
  9.1   agencies and institutions, local, state, and federal, by 
  9.2   performing services in conformity with the purposes of Laws 
  9.3   1939, chapter 431. 
  9.4      (6) Act as the agent of and cooperate with the federal 
  9.5   government in matters of mutual concern relative to and in 
  9.6   conformity with the provisions of Laws 1939, chapter 431, 
  9.7   including the administration of any federal funds granted to the 
  9.8   state to aid in the performance of any functions of the 
  9.9   commissioner as specified in Laws 1939, chapter 431, and 
  9.10  including the promulgation of rules making uniformly available 
  9.11  medical care benefits to all recipients of public assistance, at 
  9.12  such times as the federal government increases its participation 
  9.13  in assistance expenditures for medical care to recipients of 
  9.14  public assistance, the cost thereof to be borne in the same 
  9.15  proportion as are grants of aid to said recipients. 
  9.16     (7) Establish and maintain any administrative units 
  9.17  reasonably necessary for the performance of administrative 
  9.18  functions common to all divisions of the department. 
  9.19     (8) Act as designated guardian of both the estate and the 
  9.20  person of all the wards of the state of Minnesota, whether by 
  9.21  operation of law or by an order of court, without any further 
  9.22  act or proceeding whatever, except as to persons committed as 
  9.23  mentally retarded.  For children under the guardianship of the 
  9.24  commissioner whose interests would be best served by adoptive 
  9.25  placement, the commissioner may contract with a licensed 
  9.26  child-placing agency to provide adoption services.  A contract 
  9.27  with a licensed child-placing agency must be designed to 
  9.28  supplement existing county efforts and may not replace existing 
  9.29  county programs, unless the replacement is agreed to by the 
  9.30  county board and the appropriate exclusive bargaining 
  9.31  representative or the commissioner has evidence that child 
  9.32  placements of the county continue to be substantially below that 
  9.33  of other counties. 
  9.34     (9) Act as coordinating referral and informational center 
  9.35  on requests for service for newly arrived immigrants coming to 
  9.36  Minnesota. 
 10.1      (10) The specific enumeration of powers and duties as 
 10.2   hereinabove set forth shall in no way be construed to be a 
 10.3   limitation upon the general transfer of powers herein contained. 
 10.4      (11) Establish county, regional, or statewide schedules of 
 10.5   maximum fees and charges which may be paid by county agencies 
 10.6   for medical, dental, surgical, hospital, nursing and nursing 
 10.7   home care and medicine and medical supplies under all programs 
 10.8   of medical care provided by the state and for congregate living 
 10.9   care under the income maintenance programs. 
 10.10     (12) Have the authority to conduct and administer 
 10.11  experimental projects to test methods and procedures of 
 10.12  administering assistance and services to recipients or potential 
 10.13  recipients of public welfare.  To carry out such experimental 
 10.14  projects, it is further provided that the commissioner of human 
 10.15  services is authorized to waive the enforcement of existing 
 10.16  specific statutory program requirements, rules, and standards in 
 10.17  one or more counties.  The order establishing the waiver shall 
 10.18  provide alternative methods and procedures of administration, 
 10.19  shall not be in conflict with the basic purposes, coverage, or 
 10.20  benefits provided by law, and in no event shall the duration of 
 10.21  a project exceed four years.  It is further provided that no 
 10.22  order establishing an experimental project as authorized by the 
 10.23  provisions of this section shall become effective until the 
 10.24  following conditions have been met: 
 10.25     (a) The secretary of health, education, and welfare of the 
 10.26  United States has agreed, for the same project, to waive state 
 10.27  plan requirements relative to statewide uniformity. 
 10.28     (b) A comprehensive plan, including estimated project 
 10.29  costs, shall be approved by the legislative advisory commission 
 10.30  and filed with the commissioner of administration.  
 10.31     (13) According to federal requirements, establish 
 10.32  procedures to be followed by local welfare boards in creating 
 10.33  citizen advisory committees, including procedures for selection 
 10.34  of committee members. 
 10.35     (14) Allocate federal fiscal disallowances or sanctions 
 10.36  which are based on quality control error rates for the aid to 
 11.1   families with dependent children, Minnesota family investment 
 11.2   program-statewide, medical assistance, or food stamp program in 
 11.3   the following manner:  
 11.4      (a) One-half of the total amount of the disallowance shall 
 11.5   be borne by the county boards responsible for administering the 
 11.6   programs.  For the medical assistance, MFIP-S, and AFDC 
 11.7   programs, disallowances shall be shared by each county board in 
 11.8   the same proportion as that county's expenditures for the 
 11.9   sanctioned program are to the total of all counties' 
 11.10  expenditures for the AFDC, MFIP-S, and medical assistance 
 11.11  programs.  For the food stamp program, sanctions shall be shared 
 11.12  by each county board, with 50 percent of the sanction being 
 11.13  distributed to each county in the same proportion as that 
 11.14  county's administrative costs for food stamps are to the total 
 11.15  of all food stamp administrative costs for all counties, and 50 
 11.16  percent of the sanctions being distributed to each county in the 
 11.17  same proportion as that county's value of food stamp benefits 
 11.18  issued are to the total of all benefits issued for all 
 11.19  counties.  Each county shall pay its share of the disallowance 
 11.20  to the state of Minnesota.  When a county fails to pay the 
 11.21  amount due hereunder, the commissioner may deduct the amount 
 11.22  from reimbursement otherwise due the county, or the attorney 
 11.23  general, upon the request of the commissioner, may institute 
 11.24  civil action to recover the amount due. 
 11.25     (b) Notwithstanding the provisions of paragraph (a), if the 
 11.26  disallowance results from knowing noncompliance by one or more 
 11.27  counties with a specific program instruction, and that knowing 
 11.28  noncompliance is a matter of official county board record, the 
 11.29  commissioner may require payment or recover from the county or 
 11.30  counties, in the manner prescribed in paragraph (a), an amount 
 11.31  equal to the portion of the total disallowance which resulted 
 11.32  from the noncompliance, and may distribute the balance of the 
 11.33  disallowance according to paragraph (a).  
 11.34     (15) Develop and implement special projects that maximize 
 11.35  reimbursements and result in the recovery of money to the 
 11.36  state.  For the purpose of recovering state money, the 
 12.1   commissioner may enter into contracts with third parties.  Any 
 12.2   recoveries that result from projects or contracts entered into 
 12.3   under this paragraph shall be deposited in the state treasury 
 12.4   and credited to a special account until the balance in the 
 12.5   account reaches $1,000,000.  When the balance in the account 
 12.6   exceeds $1,000,000, the excess shall be transferred and credited 
 12.7   to the general fund.  All money in the account is appropriated 
 12.8   to the commissioner for the purposes of this paragraph. 
 12.9      (16) Have the authority to make direct payments to 
 12.10  facilities providing shelter to women and their children 
 12.11  according to section 256D.05, subdivision 3.  Upon the written 
 12.12  request of a shelter facility that has been denied payments 
 12.13  under section 256D.05, subdivision 3, the commissioner shall 
 12.14  review all relevant evidence and make a determination within 30 
 12.15  days of the request for review regarding issuance of direct 
 12.16  payments to the shelter facility.  Failure to act within 30 days 
 12.17  shall be considered a determination not to issue direct payments.
 12.18     (17) Have the authority to establish and enforce the 
 12.19  following county reporting requirements:  
 12.20     (a) The commissioner shall establish fiscal and statistical 
 12.21  reporting requirements necessary to account for the expenditure 
 12.22  of funds allocated to counties for human services programs.  
 12.23  When establishing financial and statistical reporting 
 12.24  requirements, the commissioner shall evaluate all reports, in 
 12.25  consultation with the counties, to determine if the reports can 
 12.26  be simplified or the number of reports can be reduced. 
 12.27     (b) The county board shall submit monthly or quarterly 
 12.28  reports to the department as required by the commissioner.  
 12.29  Monthly reports are due no later than 15 working days after the 
 12.30  end of the month.  Quarterly reports are due no later than 30 
 12.31  calendar days after the end of the quarter, unless the 
 12.32  commissioner determines that the deadline must be shortened to 
 12.33  20 calendar days to avoid jeopardizing compliance with federal 
 12.34  deadlines or risking a loss of federal funding.  Only reports 
 12.35  that are complete, legible, and in the required format shall be 
 12.36  accepted by the commissioner.  
 13.1      (c) If the required reports are not received by the 
 13.2   deadlines established in clause (b), the commissioner may delay 
 13.3   payments and withhold funds from the county board until the next 
 13.4   reporting period.  When the report is needed to account for the 
 13.5   use of federal funds and the late report results in a reduction 
 13.6   in federal funding, the commissioner shall withhold from the 
 13.7   county boards with late reports an amount equal to the reduction 
 13.8   in federal funding until full federal funding is received.  
 13.9      (d) A county board that submits reports that are late, 
 13.10  illegible, incomplete, or not in the required format for two out 
 13.11  of three consecutive reporting periods is considered 
 13.12  noncompliant.  When a county board is found to be noncompliant, 
 13.13  the commissioner shall notify the county board of the reason the 
 13.14  county board is considered noncompliant and request that the 
 13.15  county board develop a corrective action plan stating how the 
 13.16  county board plans to correct the problem.  The corrective 
 13.17  action plan must be submitted to the commissioner within 45 days 
 13.18  after the date the county board received notice of noncompliance.
 13.19     (e) The final deadline for fiscal reports or amendments to 
 13.20  fiscal reports is one year after the date the report was 
 13.21  originally due.  If the commissioner does not receive a report 
 13.22  by the final deadline, the county board forfeits the funding 
 13.23  associated with the report for that reporting period and the 
 13.24  county board must repay any funds associated with the report 
 13.25  received for that reporting period. 
 13.26     (f) The commissioner may not delay payments, withhold 
 13.27  funds, or require repayment under paragraph (c) or (e) if the 
 13.28  county demonstrates that the commissioner failed to provide 
 13.29  appropriate forms, guidelines, and technical assistance to 
 13.30  enable the county to comply with the requirements.  If the 
 13.31  county board disagrees with an action taken by the commissioner 
 13.32  under paragraph (c) or (e), the county board may appeal the 
 13.33  action according to sections 14.57 to 14.69. 
 13.34     (g) Counties subject to withholding of funds under 
 13.35  paragraph (c) or forfeiture or repayment of funds under 
 13.36  paragraph (e) shall not reduce or withhold benefits or services 
 14.1   to clients to cover costs incurred due to actions taken by the 
 14.2   commissioner under paragraph (c) or (e). 
 14.3      (18) Allocate federal fiscal disallowances or sanctions for 
 14.4   audit exceptions when federal fiscal disallowances or sanctions 
 14.5   are based on a statewide random sample for the foster care 
 14.6   program under title IV-E of the Social Security Act, United 
 14.7   States Code, title 42, in direct proportion to each county's 
 14.8   title IV-E foster care maintenance claim for that period. 
 14.9      (19) Be responsible for ensuring the detection, prevention, 
 14.10  investigation, and resolution of fraudulent activities or 
 14.11  behavior by applicants, recipients, and other participants in 
 14.12  the human services programs administered by the department. 
 14.13     (20) Require county agencies to identify overpayments, 
 14.14  establish claims, and utilize all available and cost-beneficial 
 14.15  methodologies to collect and recover these overpayments in the 
 14.16  human services programs administered by the department. 
 14.17     (21) Have the authority to administer a drug rebate program 
 14.18  for drugs purchased pursuant to the senior citizen drug program 
 14.19  established under section 256.955 after the beneficiary's 
 14.20  satisfaction of any deductible established in the program.  The 
 14.21  commissioner shall require a rebate agreement from all 
 14.22  manufacturers of covered drugs as defined in section 256B.0625, 
 14.23  subdivision 13.  For each drug, the amount of the rebate shall 
 14.24  be equal to the basic rebate as defined for purposes of the 
 14.25  federal rebate program in United States Code, title 42, section 
 14.26  1396r-8(c)(1).  This basic rebate shall be applied to 
 14.27  single-source and multiple-source drugs.  The manufacturers must 
 14.28  provide full payment within 30 days of receipt of the state 
 14.29  invoice for the rebate within the terms and conditions used for 
 14.30  the federal rebate program established pursuant to section 1927 
 14.31  of title XIX of the Social Security Act.  The manufacturers must 
 14.32  provide the commissioner with any information necessary to 
 14.33  verify the rebate determined per drug.  The rebate program shall 
 14.34  utilize the terms and conditions used for the federal rebate 
 14.35  program established pursuant to section 1927 of title XIX of the 
 14.36  Social Security Act. 
 15.1      (22) Have the authority to make rules to distribute to 
 15.2   county child support agencies federal incentive funds and state 
 15.3   funds distributed to county agencies pursuant to sections 
 15.4   256.979, 256.9791, and 518.5511.  The rules may allow the 
 15.5   commissioner to retain funds to effectively administer the child 
 15.6   support program. 
 15.7      Sec. 3.  Minnesota Statutes 1998, section 256.87, 
 15.8   subdivision 1a, is amended to read: 
 15.9      Subd. 1a.  [CONTINUING SUPPORT CONTRIBUTIONS.] In addition 
 15.10  to granting the county or state agency a money judgment, the 
 15.11  court may, upon a motion or order to show cause, order 
 15.12  continuing support contributions by a parent found able to 
 15.13  reimburse the county or state agency.  The order shall be 
 15.14  effective for the period of time during which the recipient 
 15.15  receives public assistance from any county or state agency and 
 15.16  thereafter.  The order shall require support according to 
 15.17  chapter 518 and include the names and social security numbers of 
 15.18  the father, mother, and the child or children.  An order for 
 15.19  continuing contributions is reinstated without further hearing 
 15.20  upon notice to the parent by any county or state agency that 
 15.21  public assistance, as defined in section 256.741, is again being 
 15.22  provided for the child of the parent.  The notice shall be in 
 15.23  writing and shall indicate that the parent may request a hearing 
 15.24  for modification of the amount of support or maintenance. 
 15.25     Sec. 4.  Minnesota Statutes 1998, section 256.978, 
 15.26  subdivision 1, is amended to read: 
 15.27     Subdivision 1.  [REQUEST FOR INFORMATION.] (a) The public 
 15.28  authority responsible for child support in this state or any 
 15.29  other state, in order to locate a person or to obtain 
 15.30  information necessary to establish paternity and child support 
 15.31  or to modify or enforce child support or distribute collections, 
 15.32  may request information reasonably necessary to the inquiry from 
 15.33  the records of (1) all departments, boards, bureaus, or other 
 15.34  agencies of this state, which shall, notwithstanding the 
 15.35  provisions of section 268.19 or any other law to the contrary, 
 15.36  provide the information necessary for this purpose.; and (2) 
 16.1   employers, utility companies, insurance companies, financial 
 16.2   institutions, credit grantors, and labor associations doing 
 16.3   business in this state.  They shall provide information as 
 16.4   provided under subdivision 2 a response upon written or 
 16.5   electronic request by an agency responsible for child support 
 16.6   enforcement regarding individuals owing or allegedly owing a 
 16.7   duty to support within 30 days of service of the request made by 
 16.8   the public authority.  Information requested and used or 
 16.9   transmitted by the commissioner according to the authority 
 16.10  conferred by this section may be made available to other 
 16.11  agencies, statewide systems, and political subdivisions of this 
 16.12  state, and agencies of other states, interstate information 
 16.13  networks, federal agencies, and other entities as required by 
 16.14  federal regulation or law for the administration of the child 
 16.15  support enforcement program.  
 16.16     (b) For purposes of this section, "state" includes the 
 16.17  District of Columbia, Puerto Rico, the United States Virgin 
 16.18  Islands, and any territory or insular possession subject to the 
 16.19  jurisdiction of the United States. 
 16.20     Sec. 5.  Minnesota Statutes 1998, section 257.62, 
 16.21  subdivision 5, is amended to read: 
 16.22     Subd. 5.  [POSITIVE TEST RESULTS.] (a) If the results of 
 16.23  blood or genetic tests completed in a laboratory accredited by 
 16.24  the American Association of Blood Banks indicate that the 
 16.25  likelihood of the alleged father's paternity, calculated with a 
 16.26  prior probability of no more than 0.5 (50 percent), is 92 
 16.27  percent or greater, upon motion the court shall order the 
 16.28  alleged father to pay temporary child support determined 
 16.29  according to chapter 518.  The alleged father shall pay the 
 16.30  support money to the public authority if the public authority is 
 16.31  a party and is providing services to the parties or, if not, 
 16.32  into court pursuant to the rules of civil procedure to await the 
 16.33  results of the paternity proceedings.  
 16.34     (b) If the results of blood or genetic tests completed in a 
 16.35  laboratory accredited by the American Association of Blood Banks 
 16.36  indicate that likelihood of the alleged father's paternity, 
 17.1   calculated with a prior probability of no more than 0.5 (50 
 17.2   percent), is 99 percent or greater, the alleged father is 
 17.3   presumed to be the parent and the party opposing the 
 17.4   establishment of the alleged father's paternity has the burden 
 17.5   of proving by clear and convincing evidence that the alleged 
 17.6   father is not the father of the child. 
 17.7      Sec. 6.  Minnesota Statutes 1998, section 257.75, 
 17.8   subdivision 2, is amended to read: 
 17.9      Subd. 2.  [REVOCATION OF RECOGNITION.] A recognition may be 
 17.10  revoked in a writing signed by the mother or father before a 
 17.11  notary public and filed with the state registrar of vital 
 17.12  statistics within the earlier of 30 60 days after the 
 17.13  recognition is executed or the date of an administrative or 
 17.14  judicial hearing relating to the child in which the revoking 
 17.15  party is a party to the related action.  A joinder in a 
 17.16  recognition may be revoked in a writing signed by the man who 
 17.17  executed the joinder and filed with the state registrar of vital 
 17.18  statistics within 30 60 days after the joinder is executed.  
 17.19  Upon receipt of a revocation of the recognition of parentage or 
 17.20  joinder in a recognition, the state registrar of vital 
 17.21  statistics shall forward a copy of the revocation to the 
 17.22  nonrevoking parent, or, in the case of a joinder in a 
 17.23  recognition, to the mother and father who executed the 
 17.24  recognition.  
 17.25     Sec. 7.  Minnesota Statutes 1998, section 518.10, is 
 17.26  amended to read: 
 17.27     518.10 [REQUISITES OF PETITION.] 
 17.28     The petition for dissolution of marriage or legal 
 17.29  separation shall state and allege: 
 17.30     (a) the name, address, and, in circumstances in which child 
 17.31  support or spousal maintenance will be addressed, social 
 17.32  security number of the petitioner and any prior or other name 
 17.33  used by the petitioner; 
 17.34     (b) the name and, if known, the address and, in 
 17.35  circumstances in which child support or spousal maintenance will 
 17.36  be addressed, social security number of the respondent and any 
 18.1   prior or other name used by the respondent and known to the 
 18.2   petitioner; 
 18.3      (c) the place and date of the marriage of the parties; 
 18.4      (d) in the case of a petition for dissolution, that either 
 18.5   the petitioner or the respondent or both:  
 18.6      (1) has resided in this state for not less than 180 days 
 18.7   immediately preceding the commencement of the proceeding, or 
 18.8      (2) has been a member of the armed services and has been 
 18.9   stationed in this state for not less than 180 days immediately 
 18.10  preceding the commencement of the proceeding, or 
 18.11     (3) has been a domiciliary of this state for not less than 
 18.12  180 days immediately preceding the commencement of the 
 18.13  proceeding; 
 18.14     (e) the name at the time of the petition and any prior or 
 18.15  other name, social security number, age and date of birth of 
 18.16  each living minor or dependent child of the parties born before 
 18.17  the marriage or born or adopted during the marriage and a 
 18.18  reference to, and the expected date of birth of, a child of the 
 18.19  parties conceived during the marriage but not born; 
 18.20     (f) whether or not a separate proceeding for dissolution, 
 18.21  legal separation, or custody is pending in a court in this state 
 18.22  or elsewhere; 
 18.23     (g) in the case of a petition for dissolution, that there 
 18.24  has been an irretrievable breakdown of the marriage 
 18.25  relationship; 
 18.26     (h) in the case of a petition for legal separation, that 
 18.27  there is a need for a decree of legal separation; 
 18.28     (i) any temporary or permanent maintenance, child support, 
 18.29  child custody, disposition of property, attorneys' fees, costs 
 18.30  and disbursements applied for without setting forth the amounts; 
 18.31  and 
 18.32     (j) whether an order for protection under chapter 518B or a 
 18.33  similar law of another state that governs the parties or a party 
 18.34  and a minor child of the parties is in effect and, if so, the 
 18.35  district court or similar jurisdiction in which it was entered. 
 18.36     The petition shall be verified by the petitioner or 
 19.1   petitioners, and its allegations established by competent 
 19.2   evidence. 
 19.3      Sec. 8.  [518.146] [SOCIAL SECURITY NUMBERS; TAX RETURNS; 
 19.4   IDENTITY PROTECTION.] 
 19.5      The social security numbers and tax returns required under 
 19.6   this chapter are private data, except that they must be 
 19.7   disclosed to the other parties to a proceeding. 
 19.8      Sec. 9.  Minnesota Statutes 1998, section 518.551, is 
 19.9   amended by adding a subdivision to read: 
 19.10     Subd. 15.  [LICENSE SUSPENSION.] (a) Upon motion of an 
 19.11  obligee or the public authority, which has been properly served 
 19.12  on the obligor by first class mail at the last known address or 
 19.13  in person, and if at a hearing, the court or an administrative 
 19.14  law judge finds (1) the obligor is in arrears in court-ordered 
 19.15  child support or maintenance payments, or both, in an amount 
 19.16  equal to or greater than three times the obligor's total monthly 
 19.17  support and maintenance payments and is not in compliance with a 
 19.18  written payment agreement regarding both current support and 
 19.19  arrearages, or (2) has failed, after receiving notice, to comply 
 19.20  with a subpoena relating to a paternity or child support 
 19.21  proceeding, the court or administrative law judge may direct the 
 19.22  commissioner of natural resources to suspend or bar receipt of 
 19.23  the obligor's recreational license or licenses. 
 19.24     (b) For the purposes of this subdivision, a recreational 
 19.25  license includes all licenses, permits, and stamps issued 
 19.26  centrally by the commissioner of natural resources under 
 19.27  sections 97B.301, 97B.401, 97B.501, 97B.515, 97B.601, 97B.715, 
 19.28  97B.721, 97B.801, 97C.301, and 97C.305. 
 19.29     (c) An obligor whose recreational license or licenses have 
 19.30  been suspended or barred may provide proof to the court or 
 19.31  administrative law judge that the obligor is in compliance with 
 19.32  all written payment agreements regarding both current support 
 19.33  and arrearages.  Within 15 days of receipt of that proof, the 
 19.34  court or administrative law judge may notify the commissioner of 
 19.35  natural resources that the obligor's recreational license or 
 19.36  licenses should no longer be suspended nor should receipt be 
 20.1   barred. 
 20.2      Sec. 10.  Minnesota Statutes 1998, section 518.57, 
 20.3   subdivision 3, is amended to read: 
 20.4      Subd. 3.  [SATISFACTION OF CHILD SUPPORT OBLIGATION.] The 
 20.5   court may must conclude that an obligor has satisfied a child 
 20.6   support obligation by providing a home, care, and support for 
 20.7   the child while the child is living with the obligor, if the 
 20.8   court finds that the child was integrated into the family of the 
 20.9   obligor with the consent or acquiescence of the obligee and 
 20.10  child support payments were not assigned to the public agency 
 20.11  under section 256.74. 
 20.12     Sec. 11.  Minnesota Statutes 1998, section 518.5851, is 
 20.13  amended by adding a subdivision to read: 
 20.14     Subd. 6.  [CREDITOR COLLECTIONS.] The central collections 
 20.15  unit under this section is not a third party under chapters 550, 
 20.16  552, and 571 for purposes of creditor collection efforts against 
 20.17  child support and maintenance order obligors or obligees, and 
 20.18  shall not be subject to creditor levy, attachment, or 
 20.19  garnishment. 
 20.20     Sec. 12.  Minnesota Statutes 1998, section 518.5853, is 
 20.21  amended by adding a subdivision to read: 
 20.22     Subd. 11.  [COLLECTIONS UNIT RECOUPMENT ACCOUNT.] The 
 20.23  commissioner of human services may establish a revolving account 
 20.24  to cover funds issued in error due to insufficient funds or 
 20.25  other reasons.  Appropriations for this purpose and all 
 20.26  recoupments against payments from the account shall be deposited 
 20.27  in the collections unit's recoupment account and are 
 20.28  appropriated to the commissioner.  Any unexpended balance in the 
 20.29  account does not cancel, but is available until expended. 
 20.30     Sec. 13.  Minnesota Statutes 1998, section 518.64, 
 20.31  subdivision 2, is amended to read: 
 20.32     Subd. 2.  [MODIFICATION.] (a) The terms of an order 
 20.33  respecting maintenance or support may be modified upon a showing 
 20.34  of one or more of the following:  (1) substantially increased or 
 20.35  decreased earnings of a party; (2) substantially increased or 
 20.36  decreased need of a party or the child or children that are the 
 21.1   subject of these proceedings; (3) receipt of assistance under 
 21.2   sections 256.72 to 256.87 or 256B.01 to 256B.40; (4) a change in 
 21.3   the cost of living for either party as measured by the federal 
 21.4   bureau of statistics, any of which makes the terms unreasonable 
 21.5   and unfair; (5) extraordinary medical expenses of the child not 
 21.6   provided for under section 518.171; or (6) the addition of 
 21.7   work-related or education-related child care expenses of the 
 21.8   obligee or a substantial increase or decrease in existing 
 21.9   work-related or education-related child care expenses.  
 21.10     On a motion to modify support, the needs of any child the 
 21.11  obligor has after the entry of the support order that is the 
 21.12  subject of a modification motion shall be considered as provided 
 21.13  by section 518.551, subdivision 5f. 
 21.14     (b) It is presumed that there has been a substantial change 
 21.15  in circumstances under paragraph (a) and the terms of a current 
 21.16  support order shall be rebuttably presumed to be unreasonable 
 21.17  and unfair if: 
 21.18     (1) the application of the child support guidelines in 
 21.19  section 518.551, subdivision 5, to the current circumstances of 
 21.20  the parties results in a calculated court order that is at least 
 21.21  20 percent and at least $50 per month higher or lower than the 
 21.22  current support order; 
 21.23     (2) the medical support provisions of the order established 
 21.24  under section 518.171 are not enforceable by the public 
 21.25  authority or the custodial parent; 
 21.26     (3) health coverage ordered under section 518.171 is not 
 21.27  available to the child for whom the order is established by the 
 21.28  parent ordered to provide; or 
 21.29     (4) the existing support obligation is in the form of a 
 21.30  statement of percentage and not a specific dollar amount.  
 21.31     (c) On a motion for modification of maintenance, including 
 21.32  a motion for the extension of the duration of a maintenance 
 21.33  award, the court shall apply, in addition to all other relevant 
 21.34  factors, the factors for an award of maintenance under section 
 21.35  518.552 that exist at the time of the motion.  On a motion for 
 21.36  modification of support, the court:  
 22.1      (1) shall apply section 518.551, subdivision 5, and shall 
 22.2   not consider the financial circumstances of each party's spouse, 
 22.3   if any; and 
 22.4      (2) shall not consider compensation received by a party for 
 22.5   employment in excess of a 40-hour work week, provided that the 
 22.6   party demonstrates, and the court finds, that: 
 22.7      (i) the excess employment began after entry of the existing 
 22.8   support order; 
 22.9      (ii) the excess employment is voluntary and not a condition 
 22.10  of employment; 
 22.11     (iii) the excess employment is in the nature of additional, 
 22.12  part-time employment, or overtime employment compensable by the 
 22.13  hour or fractions of an hour; 
 22.14     (iv) the party's compensation structure has not been 
 22.15  changed for the purpose of affecting a support or maintenance 
 22.16  obligation; 
 22.17     (v) in the case of an obligor, current child support 
 22.18  payments are at least equal to the guidelines amount based on 
 22.19  income not excluded under this clause; and 
 22.20     (vi) in the case of an obligor who is in arrears in child 
 22.21  support payments to the obligee, any net income from excess 
 22.22  employment must be used to pay the arrearages until the 
 22.23  arrearages are paid in full. 
 22.24     (d) A modification of support or maintenance, including 
 22.25  interest that accrued pursuant to section 548.091, may be made 
 22.26  retroactive only with respect to any period during which the 
 22.27  petitioning party has pending a motion for modification but only 
 22.28  from the date of service of notice of the motion on the 
 22.29  responding party and on the public authority if public 
 22.30  assistance is being furnished or the county attorney is the 
 22.31  attorney of record.  However, modification may be applied to an 
 22.32  earlier period if the court makes express findings that:  
 22.33     (1) the party seeking modification was precluded from 
 22.34  serving a motion by reason of a significant physical or mental 
 22.35  disability, a material misrepresentation of another party, or 
 22.36  fraud upon the court and that the party seeking modification, 
 23.1   when no longer precluded, promptly served a motion; 
 23.2      (2) the party seeking modification was a recipient of 
 23.3   federal Supplemental Security Income (SSI), Title II Older 
 23.4   Americans, Survivor's Disability Insurance (OASDI), other 
 23.5   disability benefits, or public assistance based upon need during 
 23.6   the period for which retroactive modification is sought; or 
 23.7      (3) the order for which the party seeks amendment was 
 23.8   entered by default, the party shows good cause for not 
 23.9   appearing, and the record contains no factual evidence, or 
 23.10  clearly erroneous evidence regarding the individual obligor's 
 23.11  ability to pay.  
 23.12     The court may provide that a reduction in the amount 
 23.13  allocated for child care expenses based on a substantial 
 23.14  decrease in the expenses is effective as of the date the 
 23.15  expenses decreased. 
 23.16     (e) Except for an award of the right of occupancy of the 
 23.17  homestead, provided in section 518.63, all divisions of real and 
 23.18  personal property provided by section 518.58 shall be final, and 
 23.19  may be revoked or modified only where the court finds the 
 23.20  existence of conditions that justify reopening a judgment under 
 23.21  the laws of this state, including motions under section 518.145, 
 23.22  subdivision 2.  The court may impose a lien or charge on the 
 23.23  divided property at any time while the property, or subsequently 
 23.24  acquired property, is owned by the parties or either of them, 
 23.25  for the payment of maintenance or support money, or may 
 23.26  sequester the property as is provided by section 518.24. 
 23.27     (f) The court need not hold an evidentiary hearing on a 
 23.28  motion for modification of maintenance or support. 
 23.29     (g) Section 518.14 shall govern the award of attorney fees 
 23.30  for motions brought under this subdivision. 
 23.31     Sec. 14.  Minnesota Statutes 1998, section 548.09, 
 23.32  subdivision 1, is amended to read: 
 23.33     Subdivision 1.  [ENTRY AND DOCKETING; SURVIVAL OF 
 23.34  JUDGMENT.] Except as provided in section 548.091, every judgment 
 23.35  requiring the payment of money shall be docketed entered by the 
 23.36  court administrator upon its entry when ordered by the court and 
 24.1   will be docketed by the court administrator upon the filing of 
 24.2   an affidavit as provided in subdivision 2.  Upon a transcript of 
 24.3   the docket being filed with the court administrator in any other 
 24.4   county, the court administrator shall also docket it.  From the 
 24.5   time of docketing the judgment is a lien, in the amount unpaid, 
 24.6   upon all real property in the county then or thereafter owned by 
 24.7   the judgment debtor, but it is not a lien upon registered land 
 24.8   unless it is also filed pursuant to sections 508.63 and 
 24.9   508A.63.  The judgment survives, and the lien continues, for ten 
 24.10  years after its entry.  Child support judgments may be 
 24.11  renewed by service of notice upon the debtor.  Service shall be 
 24.12  by certified mail at the last known address of the debtor or in 
 24.13  the manner provided for the service of civil process.  Upon the 
 24.14  filing of the notice and proof of service the court 
 24.15  administrator shall renew the judgment for child support without 
 24.16  any additional filing fee pursuant to section 548.091. 
 24.17     Sec. 15.  Minnesota Statutes 1998, section 548.091, 
 24.18  subdivision 1, is amended to read: 
 24.19     Subdivision 1.  [ENTRY AND DOCKETING OF MAINTENANCE 
 24.20  JUDGMENT.] (a) A judgment for unpaid amounts under a judgment or 
 24.21  decree of dissolution or legal separation that provides for 
 24.22  installment or periodic payments of maintenance shall be entered 
 24.23  and docketed by the court administrator only when ordered by the 
 24.24  court or shall be entered and docketed by the court 
 24.25  administrator when the following conditions are met:  
 24.26     (a) (1) the obligee determines that the obligor is at least 
 24.27  30 days in arrears; 
 24.28     (b) (2) the obligee serves a copy of an affidavit of 
 24.29  default and notice of intent to enter and docket judgment on the 
 24.30  obligor by first class mail at the obligor's last known post 
 24.31  office address.  Service shall be deemed complete upon mailing 
 24.32  in the manner designated.  The affidavit shall state the full 
 24.33  name, occupation, place of residence, and last known post office 
 24.34  address of the obligor, the name and post office address of the 
 24.35  obligee, the date of the first unpaid amount, the date of the 
 24.36  last unpaid amount, and the total amount unpaid; 
 25.1      (c) (3) the obligor fails within 20 days after mailing of 
 25.2   the notice either to pay all unpaid amounts or to request a 
 25.3   hearing on the issue of whether arrears claimed owing have been 
 25.4   paid and to seek, ex parte, a stay of entry of judgment; and 
 25.5      (d) (4) not less than 20 days after service on the obligor 
 25.6   in the manner provided, the obligee files with the court 
 25.7   administrator the affidavit of default together with proof of 
 25.8   service and, if payments have been received by the obligee since 
 25.9   execution of the affidavit of default, a supplemental affidavit 
 25.10  setting forth the amount of payment received and the amount for 
 25.11  which judgment is to be entered and docketed. 
 25.12     (b) A judgment entered and docketed under this subdivision 
 25.13  has the same effect and is subject to the same procedures, 
 25.14  defenses, and proceedings as any other judgment in district 
 25.15  court, and may be enforced or satisfied in the same manner as 
 25.16  judgments under section 548.09. 
 25.17     (c) An obligor whose property is subject to the lien of a 
 25.18  judgment for installment of periodic payments of maintenance 
 25.19  under section 548.09, and who claims that no amount of 
 25.20  maintenance is in arrears, may move the court ex parte for an 
 25.21  order directing the court administrator to vacate the lien of 
 25.22  the judgment on the docket and register of the action where it 
 25.23  was entered.  The obligor shall file with the motion an 
 25.24  affidavit stating: 
 25.25     (1) the lien attached upon the docketing of a judgment or 
 25.26  decree of dissolution or separate maintenance; 
 25.27     (2) the docket was made while no installment or periodic 
 25.28  payment of maintenance was unpaid or overdue; and 
 25.29     (3) no installment or periodic payment of maintenance that 
 25.30  was due prior to the filing of the motion remains unpaid or 
 25.31  overdue. 
 25.32     The court shall grant the obligor's motion as soon as 
 25.33  possible if the pleadings and affidavit show that there is and 
 25.34  has been no default.  
 25.35     Sec. 16.  Minnesota Statutes 1998, section 548.091, 
 25.36  subdivision 1a, is amended to read: 
 26.1      Subd. 1a.  [CHILD SUPPORT JUDGMENT BY OPERATION OF LAW.] 
 26.2   (a) Any payment or installment of support required by a judgment 
 26.3   or decree of dissolution or legal separation, determination of 
 26.4   parentage, an order under chapter 518C, an order under section 
 26.5   256.87, or an order under section 260.251, that is not paid or 
 26.6   withheld from the obligor's income as required under section 
 26.7   518.6111, or which is ordered as child support by judgment, 
 26.8   decree, or order by a court in any other state, is a judgment by 
 26.9   operation of law on and after the date it is due and, is 
 26.10  entitled to full faith and credit in this state and any other 
 26.11  state, and shall be entered and docketed by the court 
 26.12  administrator on the filing of affidavits as provided in 
 26.13  subdivision 2a.  Except as otherwise provided by paragraph (b), 
 26.14  interest accrues from the date the unpaid amount due is greater 
 26.15  than the current support due at the annual rate provided in 
 26.16  section 549.09, subdivision 1, plus two percent, not to exceed 
 26.17  an annual rate of 18 percent.  A payment or installment of 
 26.18  support that becomes a judgment by operation of law between the 
 26.19  date on which a party served notice of a motion for modification 
 26.20  under section 518.64, subdivision 2, and the date of the court's 
 26.21  order on modification may be modified under that subdivision. 
 26.22     (b) Notwithstanding the provisions of section 549.09, upon 
 26.23  motion to the court and upon proof by the obligor of 36 
 26.24  consecutive months of complete and timely payments of both 
 26.25  current support and court-ordered paybacks of a child support 
 26.26  debt or arrearage, the court may order interest on the remaining 
 26.27  debt or arrearage to stop accruing.  Timely payments are those 
 26.28  made in the month in which they are due.  If, after that time, 
 26.29  the obligor fails to make complete and timely payments of both 
 26.30  current support and court-ordered paybacks of child support debt 
 26.31  or arrearage, the public authority or the obligee may move the 
 26.32  court for the reinstatement of interest as of the month in which 
 26.33  the obligor ceased making complete and timely payments. 
 26.34     The court shall provide copies of all orders issued under 
 26.35  this section to the public authority.  The commissioner of human 
 26.36  services shall prepare and make available to the court and the 
 27.1   parties forms to be submitted by the parties in support of a 
 27.2   motion under this paragraph. 
 27.3      (c) Notwithstanding the provisions of section 549.09, upon 
 27.4   motion to the court, the court may order interest on a child 
 27.5   support debt to stop accruing where the court finds that the 
 27.6   obligor is: 
 27.7      (1) unable to pay support because of a significant physical 
 27.8   or mental disability; or 
 27.9      (2) a recipient of Supplemental Security Income (SSI), 
 27.10  Title II Older Americans Survivor's Disability Insurance 
 27.11  (OASDI), other disability benefits, or public assistance based 
 27.12  upon need. 
 27.13     Sec. 17.  Minnesota Statutes 1998, section 548.091, 
 27.14  subdivision 2a, is amended to read: 
 27.15     Subd. 2a.  [ENTRY AND DOCKETING OF CHILD SUPPORT 
 27.16  JUDGMENT.] (a) On or after the date an unpaid amount becomes a 
 27.17  judgment by operation of law under subdivision 1a, the obligee 
 27.18  or the public authority may file with the court administrator, 
 27.19  either electronically or by other means: 
 27.20     (1) a statement identifying, or a copy of, the judgment or 
 27.21  decree of dissolution or legal separation, determination of 
 27.22  parentage, order under chapter 518B or 518C, an order under 
 27.23  section 256.87, an order under section 260.251, or judgment, 
 27.24  decree, or order for child support by a court in any other 
 27.25  state, which provides for periodic installments of child 
 27.26  support, or a judgment or notice of attorney fees and collection 
 27.27  costs under section 518.14, subdivision 2; 
 27.28     (2) an affidavit of default.  The affidavit of default must 
 27.29  state the full name, occupation, place of residence, and last 
 27.30  known post office address of the obligor, the name and post 
 27.31  office address of the obligee, the date or dates payment was due 
 27.32  and not received and judgment was obtained by operation of law, 
 27.33  the total amount of the judgments to the date of filing, and the 
 27.34  amount and frequency of the periodic installments of child 
 27.35  support that will continue to become due and payable subsequent 
 27.36  to the date of filing be entered and docketed; and 
 28.1      (3) an affidavit of service of a notice of intent to enter 
 28.2   and docket judgment and to recover attorney fees and collection 
 28.3   costs on the obligor, in person or by first class mail at the 
 28.4   obligor's last known post office address.  Service is completed 
 28.5   upon mailing in the manner designated.  Where applicable, a 
 28.6   notice of interstate lien in the form promulgated under United 
 28.7   States Code, title 42, section 652(a), is sufficient to satisfy 
 28.8   the requirements of clauses (1) and (2). 
 28.9      (b) A judgment entered and docketed under this subdivision 
 28.10  has the same effect and is subject to the same procedures, 
 28.11  defenses, and proceedings as any other judgment in district 
 28.12  court, and may be enforced or satisfied in the same manner as 
 28.13  judgments under section 548.09, except as otherwise provided. 
 28.14     Sec. 18.  Minnesota Statutes 1998, section 548.091, 
 28.15  subdivision 3a, is amended to read: 
 28.16     Subd. 3a.  [ENTRY, DOCKETING, AND SURVIVAL OF CHILD SUPPORT 
 28.17  JUDGMENT.] Upon receipt of the documents filed under subdivision 
 28.18  2a, the court administrator shall enter and docket the judgment 
 28.19  in the amount of the unpaid obligation identified in the 
 28.20  affidavit of default. and note the amount and frequency of the 
 28.21  periodic installments of child support that will continue to 
 28.22  become due and payable after the date of docketing.  From the 
 28.23  time of docketing, the judgment is a lien upon all the real 
 28.24  property in the county owned by the judgment debtor, but it is 
 28.25  not a lien on registered land unless the obligee or the public 
 28.26  authority causes a notice of judgment lien or certified copy of 
 28.27  the judgment to be memorialized on the certificate of title or 
 28.28  certificate of possessory title under section 508.63 or 
 28.29  508A.63.  The judgment survives and the lien continues for ten 
 28.30  years after the date the judgment was docketed.  
 28.31     Subd. 3b.  [CHILD SUPPORT JUDGMENT ADMINISTRATIVE 
 28.32  RENEWALS.] Child support judgments may be renewed by service of 
 28.33  notice upon the debtor.  Service shall must be by certified 
 28.34  first class mail at the last known address of the debtor, with 
 28.35  service deemed complete upon mailing in the manner designated, 
 28.36  or in the manner provided for the service of civil process.  
 29.1   Upon the filing of the notice and proof of service, the court 
 29.2   administrator shall administratively renew the judgment for 
 29.3   child support without any additional filing fee in the same 
 29.4   court file as the original child support judgment.  The judgment 
 29.5   must be renewed in an amount equal to the unpaid principle plus 
 29.6   the accrued unpaid interest.  Child support judgments may be 
 29.7   renewed multiple times until paid. 
 29.8      Sec. 19.  Minnesota Statutes 1998, section 548.091, 
 29.9   subdivision 4, is amended to read: 
 29.10     Subd. 4.  [CHILD SUPPORT HEARING.] A child support obligor 
 29.11  may request a hearing under the rules of civil procedure on the 
 29.12  issue of whether the judgment amount or amounts have been paid 
 29.13  and may move the court for an order directing the court 
 29.14  administrator to vacate or modify the judgment or judgments on 
 29.15  the docket and register in any county or other jurisdiction in 
 29.16  which judgment or judgments were entered pursuant to this action.
 29.17     The court shall grant the obligor's motion if it determines 
 29.18  that there is no default. 
 29.19     Sec. 20.  Minnesota Statutes 1998, section 548.091, is 
 29.20  amended by adding a subdivision to read: 
 29.21     Subd. 5a.  [ADDITIONAL CHILD SUPPORT JUDGMENTS.] As child 
 29.22  support payments continue to become due and are unpaid, 
 29.23  additional judgments may be entered and docketed by following 
 29.24  the procedures in subdivision 1a.  Each judgment entered and 
 29.25  docketed for unpaid child support payments must be treated as a 
 29.26  distinct judgment for purposes of enforcement and satisfaction. 
 29.27     Sec. 21.  Minnesota Statutes 1998, section 548.091, 
 29.28  subdivision 10, is amended to read: 
 29.29     Subd. 10.  [RELEASE OF LIEN.] Upon payment of the amount 
 29.30  due under subdivision 5, the public authority shall execute and 
 29.31  deliver a satisfaction of the judgment lien within five business 
 29.32  days. 
 29.33     Sec. 22.  Minnesota Statutes 1998, section 548.091, 
 29.34  subdivision 11, is amended to read: 
 29.35     Subd. 11.  [SPECIAL PROCEDURES.] The public authority shall 
 29.36  negotiate a release of lien on specific property for less than 
 30.1   the full amount due where the proceeds of a sale or financing, 
 30.2   less reasonable and necessary closing expenses, are not 
 30.3   sufficient to satisfy all encumbrances on the liened property.  
 30.4   Partial releases do not release the obligor's personal liability 
 30.5   for the amount unpaid.  A partial satisfaction for the amount 
 30.6   received must be filed with the court administrator. 
 30.7      Sec. 23.  Minnesota Statutes 1998, section 548.091, 
 30.8   subdivision 12, is amended to read: 
 30.9      Subd. 12.  [CORRECTING ERRORS.] The public authority shall 
 30.10  maintain a process to review the identity of the obligor and to 
 30.11  issue releases of lien in cases of misidentification.  The 
 30.12  public authority shall maintain a process to review the amount 
 30.13  of child support determined to be delinquent and to issue 
 30.14  amended notices of judgment lien in cases of incorrectly 
 30.15  docketed judgments arising by operation of law.  The public 
 30.16  authority may move the court for an order to amend the judgment 
 30.17  when the amount of judgment entered and docketed is incorrect. 
 30.18     Sec. 24.  Minnesota Statutes 1998, section 552.05, 
 30.19  subdivision 10, is amended to read: 
 30.20     Subd. 10.  [FORMS.] The commissioner of human services 
 30.21  shall develop statutory forms for use as required under this 
 30.22  chapter.  In developing these forms, the commissioner shall 
 30.23  consult with the attorney general, representatives of financial 
 30.24  institutions, and legal services.  The commissioner shall report 
 30.25  back to the legislature by February 1, 1998, with recommended 
 30.26  forms to be included in this chapter.  The supreme court is 
 30.27  requested to develop forms for use in proceedings under this 
 30.28  chapter.  
 30.29     Sec. 25.  Laws 1995, chapter 257, article 1, section 35, 
 30.30  subdivision 1, is amended to read: 
 30.31     Subdivision 1.  [CHILD SUPPORT ASSURANCE.] The commissioner 
 30.32  of human services shall seek a waiver from the secretary of the 
 30.33  United States Department of Health and Human Services to enable 
 30.34  the department of human services to operate a demonstration 
 30.35  project of child support assurance.  The commissioner shall seek 
 30.36  authority from the legislature to implement a demonstration 
 31.1   project of child support assurance when enhanced federal funds 
 31.2   become available for this purpose.  The department of human 
 31.3   services shall continue to plan a demonstration project of child 
 31.4   support assurance by administering the grant awarded under the 
 31.5   federal program entitled "Developing a Plan for a Child Support 
 31.6   Assurance Program."  
 31.7      Sec. 26.  [REPEALER.] 
 31.8      Minnesota Statutes 1998, sections 256.979; and 256.9791, 
 31.9   are repealed as of the date that rules promulgated pursuant to 
 31.10  Minnesota Statutes, section 256.01, subdivision 2, paragraph 
 31.11  (22), become effective.  Minnesota Statutes 1998, section 
 31.12  548.091, subdivisions 3, 5, and 6, are repealed. 
 31.13                             ARTICLE 2 
 31.14                          CHILD PROTECTION
 31.15     Section 1.  Minnesota Statutes 1998, section 260.015, 
 31.16  subdivision 2a, is amended to read: 
 31.17     Subd. 2a.  [CHILD IN NEED OF PROTECTION OR SERVICES.] 
 31.18  "Child in need of protection or services" means a child who is 
 31.19  in need of protection or services because the child: 
 31.20     (1) is abandoned or without parent, guardian, or custodian; 
 31.21     (2)(i) has been a victim of physical or sexual abuse, (ii) 
 31.22  resides with or has resided with a victim of domestic child 
 31.23  abuse as defined in subdivision 24, (iii) resides with or would 
 31.24  reside with a perpetrator of domestic child abuse or child abuse 
 31.25  as defined in subdivision 28, or (iv) is a victim of emotional 
 31.26  maltreatment as defined in subdivision 5a; 
 31.27     (3) is without necessary food, clothing, shelter, 
 31.28  education, or other required care for the child's physical or 
 31.29  mental health or morals because the child's parent, guardian, or 
 31.30  custodian is unable or unwilling to provide that care; 
 31.31     (4) is without the special care made necessary by a 
 31.32  physical, mental, or emotional condition because the child's 
 31.33  parent, guardian, or custodian is unable or unwilling to provide 
 31.34  that care; 
 31.35     (5) is medically neglected, which includes, but is not 
 31.36  limited to, the withholding of medically indicated treatment 
 32.1   from a disabled infant with a life-threatening condition.  The 
 32.2   term "withholding of medically indicated treatment" means the 
 32.3   failure to respond to the infant's life-threatening conditions 
 32.4   by providing treatment, including appropriate nutrition, 
 32.5   hydration, and medication which, in the treating physician's or 
 32.6   physicians' reasonable medical judgment, will be most likely to 
 32.7   be effective in ameliorating or correcting all conditions, 
 32.8   except that the term does not include the failure to provide 
 32.9   treatment other than appropriate nutrition, hydration, or 
 32.10  medication to an infant when, in the treating physician's or 
 32.11  physicians' reasonable medical judgment: 
 32.12     (i) the infant is chronically and irreversibly comatose; 
 32.13     (ii) the provision of the treatment would merely prolong 
 32.14  dying, not be effective in ameliorating or correcting all of the 
 32.15  infant's life-threatening conditions, or otherwise be futile in 
 32.16  terms of the survival of the infant; or 
 32.17     (iii) the provision of the treatment would be virtually 
 32.18  futile in terms of the survival of the infant and the treatment 
 32.19  itself under the circumstances would be inhumane; 
 32.20     (6) is one whose parent, guardian, or other custodian for 
 32.21  good cause desires to be relieved of the child's care and 
 32.22  custody; 
 32.23     (7) has been placed for adoption or care in violation of 
 32.24  law; 
 32.25     (8) is without proper parental care because of the 
 32.26  emotional, mental, or physical disability, or state of 
 32.27  immaturity of the child's parent, guardian, or other custodian; 
 32.28     (9) is one whose behavior, condition, or environment is 
 32.29  such as to be injurious or dangerous to the child or others.  An 
 32.30  injurious or dangerous environment may include, but is not 
 32.31  limited to, the exposure of a child to criminal activity in the 
 32.32  child's home; 
 32.33     (10) is experiencing growth delays, which may be referred 
 32.34  to as failure to thrive, that have been diagnosed by a physician 
 32.35  and are due to parental neglect; 
 32.36     (11) has engaged in prostitution as defined in section 
 33.1   609.321, subdivision 9; 
 33.2      (12) has committed a delinquent act or a juvenile petty 
 33.3   offense before becoming ten years old; 
 33.4      (13) is a runaway; 
 33.5      (14) is an habitual truant; 
 33.6      (15) has been found incompetent to proceed or has been 
 33.7   found not guilty by reason of mental illness or mental 
 33.8   deficiency in connection with a delinquency proceeding, a 
 33.9   certification under section 260.125, an extended jurisdiction 
 33.10  juvenile prosecution, or a proceeding involving a juvenile petty 
 33.11  offense; 
 33.12     (16) is one whose custodial parent's parental rights to 
 33.13  another child have been involuntarily terminated within the past 
 33.14  five years; or 
 33.15     (17) has been found by the court to have committed domestic 
 33.16  abuse perpetrated by a minor under Laws 1997, chapter 239, 
 33.17  article 10, sections 2 to 26, has been ordered excluded from the 
 33.18  child's parent's home by an order for protection/minor 
 33.19  respondent, and the parent or guardian is either unwilling or 
 33.20  unable to provide an alternative safe living arrangement for the 
 33.21  child; or 
 33.22     (18) has a sibling who has been the subject of a 
 33.23  determination that protective services were needed, and has a 
 33.24  caregiver who has failed to help develop or comply with a 
 33.25  protective services case plan. 
 33.26     Sec. 2.  Minnesota Statutes 1998, section 260.015, 
 33.27  subdivision 28, is amended to read: 
 33.28     Subd. 28.  [CHILD ABUSE.] "Child abuse" means domestic 
 33.29  child abuse as defined in subdivision 24 or an act that involves 
 33.30  a minor victim and that constitutes a violation of section 
 33.31  609.221, 609.222, 609.223, 609.224, 609.2242, 609.322, 609.324, 
 33.32  609.342, 609.343, 609.344, 609.345, 609.377, 609.378, or 617.246.
 33.33     Sec. 3.  Minnesota Statutes 1998, section 260.133, 
 33.34  subdivision 2, is amended to read: 
 33.35     Subd. 2.  [TEMPORARY ORDER.] If it appears from the 
 33.36  notarized petition or by sworn affidavit that there are 
 34.1   reasonable grounds to believe the child is in immediate and 
 34.2   present danger of domestic child abuse, the court may grant an 
 34.3   ex parte temporary order for protection, pending a full 
 34.4   hearing.  The court may grant relief as it deems proper, 
 34.5   including an order:  
 34.6      (1) restraining any party from committing acts of domestic 
 34.7   child abuse; or 
 34.8      (2) excluding the alleged abusing party from the dwelling 
 34.9   which the family or household members share or from the 
 34.10  residence of the child.  
 34.11     However, no order excluding the alleged abusing party from 
 34.12  the dwelling may be issued unless the court finds that:  
 34.13     (1) the order is in the best interests of the child or 
 34.14  children remaining in the dwelling; and 
 34.15     (2) a remaining adult family or household member is able to 
 34.16  care adequately for the child or children in the absence of the 
 34.17  excluded party.  
 34.18     Before the temporary order is issued, the local welfare 
 34.19  agency shall advise the court and the other parties who are 
 34.20  present that appropriate social services will be provided to the 
 34.21  family or household members during the effective period of the 
 34.22  order.  
 34.23     An ex parte temporary order for protection shall be 
 34.24  effective for a fixed period not to exceed 14 days until a 
 34.25  hearing is held on a petition under section 260.131.  Within 
 34.26  five days of the issuance of the temporary order, the petitioner 
 34.27  shall file a petition with the court pursuant to section 
 34.28  260.131, alleging that the child is in need of protection or 
 34.29  services and the court shall give docket priority to the 
 34.30  petition.  The contents of the petition shall consist of the 
 34.31  contents of the affidavit required under subdivision 1. 
 34.32     The court may renew the temporary order for protection one 
 34.33  time for a fixed period not to exceed 14 days if a petition 
 34.34  alleging that the child is in need of protection or services has 
 34.35  been filed with the court and if the court determines, upon 
 34.36  informal review of the case file, that the renewal is 
 35.1   appropriate. 
 35.2      Sec. 4.  Minnesota Statutes 1998, section 260.155, 
 35.3   subdivision 4, is amended to read: 
 35.4      Subd. 4.  [GUARDIAN AD LITEM.] (a) The court shall appoint 
 35.5   a guardian ad litem to protect the interests of the minor when 
 35.6   it appears, at any stage of the proceedings, that the minor is 
 35.7   without a parent or guardian, or that the minor's parent is a 
 35.8   minor or incompetent, or that the parent or guardian is 
 35.9   indifferent or hostile to the minor's interests, and in every 
 35.10  proceeding alleging a child's need for protection or services 
 35.11  under section 260.015, subdivision 2a.  In any other case the 
 35.12  court may appoint a guardian ad litem to protect the interests 
 35.13  of the minor when the court feels that such an appointment is 
 35.14  desirable.  The court shall appoint the guardian ad litem on its 
 35.15  own motion or in the manner provided for the appointment of a 
 35.16  guardian ad litem in the district court.  The court may appoint 
 35.17  separate counsel for the guardian ad litem if necessary.  
 35.18     (b) A guardian ad litem shall carry out the following 
 35.19  responsibilities: 
 35.20     (1) conduct an independent investigation to determine the 
 35.21  facts relevant to the situation of the child and the family, 
 35.22  which must include, unless specifically excluded by the court, 
 35.23  reviewing relevant documents; meeting with and observing the 
 35.24  child in the home setting and considering the child's wishes, as 
 35.25  appropriate; and interviewing parents, caregivers, and others 
 35.26  with knowledge relevant to the case; 
 35.27     (2) advocate for the child's best interests by 
 35.28  participating in appropriate aspects of the case and advocating 
 35.29  for appropriate community services when necessary; 
 35.30     (3) maintain the confidentiality of information related to 
 35.31  a case, with the exception of sharing information as permitted 
 35.32  by law to promote cooperative solutions that are in the best 
 35.33  interests of the child; 
 35.34     (4) monitor the child's best interests throughout the 
 35.35  judicial proceeding; and 
 35.36     (5) present written reports on the child's best interests 
 36.1   that include conclusions and recommendations and the facts upon 
 36.2   which they are based. 
 36.3      (c) Except in cases where the child is alleged to have been 
 36.4   abused or neglected, the court may waive the appointment of a 
 36.5   guardian ad litem pursuant to clause (a), whenever counsel has 
 36.6   been appointed pursuant to subdivision 2 or is retained 
 36.7   otherwise, and the court is satisfied that the interests of the 
 36.8   minor are protected. 
 36.9      (d) In appointing a guardian ad litem pursuant to clause 
 36.10  (a), the court shall not appoint the party, or any agent or 
 36.11  employee thereof, filing a petition pursuant to section 260.131. 
 36.12     (e) The following factors shall be considered when 
 36.13  appointing a guardian ad litem in a case involving an Indian or 
 36.14  minority child: 
 36.15     (1) whether a person is available who is the same racial or 
 36.16  ethnic heritage as the child or, if that is not possible; 
 36.17     (2) whether a person is available who knows and appreciates 
 36.18  the child's racial or ethnic heritage. 
 36.19     Sec. 5.  Minnesota Statutes 1998, section 260.155, 
 36.20  subdivision 8, is amended to read: 
 36.21     Subd. 8.  [WAIVER.] (a) Waiver of any right which a child 
 36.22  has under this chapter must be an express waiver voluntarily and 
 36.23  intelligently made by the child after the child has been fully 
 36.24  and effectively informed of the right being waived.  If a child 
 36.25  is not represented by counsel, any waiver must be given or any 
 36.26  objection must be offered by the child's guardian ad litem. 
 36.27     (b) Waiver of a child's right to be represented by counsel 
 36.28  provided under the juvenile court rules must be an express 
 36.29  waiver voluntarily and intelligently made by the child after the 
 36.30  child has been fully and effectively informed of the right being 
 36.31  waived.  In determining whether a child has voluntarily and 
 36.32  intelligently waived the right to counsel, the court shall look 
 36.33  to the totality of the circumstances which includes but is not 
 36.34  limited to the child's age, maturity, intelligence, education, 
 36.35  experience, and ability to comprehend, and the presence and 
 36.36  competence of the child's parents, guardian, or guardian ad 
 37.1   litem.  If the court accepts the child's waiver, it shall state 
 37.2   on the record the findings and conclusions that form the basis 
 37.3   for its decision to accept the waiver. 
 37.4      Sec. 6.  Minnesota Statutes 1998, section 260.191, 
 37.5   subdivision 1b, is amended to read: 
 37.6      Subd. 1b.  [DOMESTIC CHILD ABUSE.] If the court finds that 
 37.7   the child is a victim of domestic child abuse, as defined in 
 37.8   section 260.015, subdivision 24, it may order any of the 
 37.9   following dispositions of the case in addition to or as 
 37.10  alternatives to the dispositions authorized under subdivision 1: 
 37.11     (1) restrain any party from committing acts of domestic 
 37.12  child abuse; 
 37.13     (2) exclude the abusing party from the dwelling which the 
 37.14  family or household members share or from the residence of the 
 37.15  child; 
 37.16     (3) on the same basis as is provided in chapter 518, 
 37.17  establish temporary visitation with regard to minor children of 
 37.18  the adult family or household members; 
 37.19     (4) on the same basis as is provided in chapter 518, 
 37.20  establish temporary support or maintenance for a period of 30 
 37.21  days for minor children or a spouse; 
 37.22     (5) provide counseling or other social services for the 
 37.23  family or household members; or 
 37.24     (6) order the abusing party to participate in treatment or 
 37.25  counseling services.  
 37.26     Any relief granted by the order for protection shall be for 
 37.27  a fixed period not to exceed one year.  
 37.28     However, no order excluding the abusing party from the 
 37.29  dwelling may be issued unless the court finds that:  
 37.30     (1) the order is in the best interests of the child or 
 37.31  children remaining in the dwelling; and 
 37.32     (2) a remaining adult family or household member is able to 
 37.33  care adequately for the child or children in the absence of the 
 37.34  excluded party; and 
 37.35     (3) the local welfare agency has developed a plan to 
 37.36  provide appropriate social services to the remaining family or 
 38.1   household members.  
 38.2      When the court has entered a disposition under this 
 38.3   subdivision, it may dismiss the local social services agency 
 38.4   from the proceeding and retain jurisdiction over the child, 
 38.5   family or household members, and abusing party. 
 38.6      Sec. 7.  [626.5551] [ALTERNATIVE RESPONSE PROGRAMS FOR 
 38.7   CHILD PROTECTION ASSESSMENTS OR INVESTIGATIONS.] 
 38.8      Subdivision 1.  [PROGRAMS AUTHORIZED.] (a) A county may 
 38.9   establish a program that uses alternative responses to reports 
 38.10  of child maltreatment under section 626.556, as provided in this 
 38.11  section.  
 38.12     (b) Alternative responses may include a family assessment 
 38.13  and services approach under which the local welfare agency 
 38.14  assesses the risk of abuse and neglect and the service needs of 
 38.15  the family and arranges for appropriate services, diversions, 
 38.16  referral for services, or other response identified in the plan 
 38.17  under subdivision 4. 
 38.18     Subd. 2.  [USE OF ALTERNATIVE RESPONSE OR 
 38.19  INVESTIGATION.] (a) Upon receipt of a report under section 
 38.20  626.556, the local welfare agency in a county that has 
 38.21  established an alternative response program under this section 
 38.22  shall determine whether to conduct an investigation under 
 38.23  section 626.556 or to use an alternative response as appropriate 
 38.24  to prevent or provide a remedy for child maltreatment.  
 38.25     (b) The local welfare agency may conduct an investigation 
 38.26  of any report, but shall conduct an investigation of reports 
 38.27  that, if true, would mean that the child has experienced, or is 
 38.28  at risk of experiencing, serious physical injury, sexual abuse, 
 38.29  abandonment, or neglect that substantially endangers the child's 
 38.30  physical or mental health, including growth delays, which may be 
 38.31  referred to as failure to thrive, that have been diagnosed by a 
 38.32  physician and are due to parental neglect, or conduct that would 
 38.33  be a violation of, or an attempt to commit a violation of: 
 38.34     (1) section 609.185, 609.19, or 609.195 (murder in the 
 38.35  first, second, or third degree); 
 38.36     (2) section 609.20 or 609.205 (manslaughter in the first or 
 39.1   second degree); 
 39.2      (3) section 609.221, 609.222, or 609.223 (assault in the 
 39.3   first, second, or third degree); 
 39.4      (4) section 609.322 (solicitation, inducement, and 
 39.5   promotion of prostitution); 
 39.6      (5) sections 609.342 to 609.3451 (criminal sexual conduct); 
 39.7      (6) section 609.352 (solicitation of children to engage in 
 39.8   sexual conduct); 
 39.9      (7) section 609.377 or 609.378 (malicious punishment or 
 39.10  neglect or endangerment of a child); or 
 39.11     (8) section 617.246 (use of minor in sexual performance). 
 39.12     (c) In addition, in all cases the local welfare agency 
 39.13  shall contact the appropriate law enforcement agency as provided 
 39.14  in section 626.556, subdivision 3.  The law enforcement agency 
 39.15  may conduct its own investigation and shall assist the local 
 39.16  welfare agency in its investigation or provide, within a 
 39.17  reasonable time, a written explanation detailing the reasons why 
 39.18  it is unable to assist. 
 39.19     (d) The local welfare agency shall begin an immediate 
 39.20  investigation under section 626.556 if at any time when it is 
 39.21  using an alternative response it determines that an 
 39.22  investigation is required under paragraph (b) or would otherwise 
 39.23  be appropriate.  The local welfare agency may use an alternative 
 39.24  response to a report that was initially referred for an 
 39.25  investigation if the agency determines that a complete 
 39.26  investigation is not required.  In determining that a complete 
 39.27  investigation is not required, the local welfare agency must 
 39.28  document the reason for terminating the investigation and 
 39.29  consult with: 
 39.30     (1) the local law enforcement agency, if the local law 
 39.31  enforcement agency is involved, and notify the county attorney 
 39.32  of the decision to terminate the investigation; or 
 39.33     (2) the county attorney, if the local law enforcement 
 39.34  agency is not involved. 
 39.35     Subd. 3.  [DOCUMENTATION.] When a case in which an 
 39.36  alternative response was used is closed, the local welfare 
 40.1   agency shall document the outcome of the approach, including a 
 40.2   description of the response and services provided and the 
 40.3   removal or reduction of risk to the child, if it existed.  This 
 40.4   documentation must be retained for at least four years. 
 40.5      Subd. 4.  [PLAN.] In order to use the alternative response 
 40.6   program authorized under this section, the county must include 
 40.7   the program in the community social service plan required under 
 40.8   section 256E.09 and in the program evaluation under section 
 40.9   256E.10.  The plan must address alternative responses and 
 40.10  services that will be used for the program and protocols for 
 40.11  determining the appropriate response to reports under section 
 40.12  626.556. 
 40.13     Sec. 8.  Minnesota Statutes 1998, section 626.556, 
 40.14  subdivision 2, is amended to read: 
 40.15     Subd. 2.  [DEFINITIONS.] As used in this section, the 
 40.16  following terms have the meanings given them unless the specific 
 40.17  content indicates otherwise: 
 40.18     (a) "Sexual abuse" means the subjection of a child by a 
 40.19  person responsible for the child's care, by a person who has a 
 40.20  significant relationship to the child, as defined in section 
 40.21  609.341, or by a person in a position of authority, as defined 
 40.22  in section 609.341, subdivision 10, to any act which constitutes 
 40.23  a violation of section 609.342, 609.343, 609.344, or 609.345.  
 40.24  Sexual abuse also includes any act which involves a minor which 
 40.25  constitutes a violation of sections 609.321 to 609.324 or 
 40.26  617.246.  Sexual abuse includes threatened sexual abuse.  
 40.27     (b) "Person responsible for the child's care" means (1) an 
 40.28  individual functioning within the family unit and having 
 40.29  responsibilities for the care of the child such as a parent, 
 40.30  guardian, or other person having similar care responsibilities, 
 40.31  or (2) an individual functioning outside the family unit and 
 40.32  having responsibilities for the care of the child such as a 
 40.33  teacher, school administrator, or other lawful custodian of a 
 40.34  child having either full-time or short-term care 
 40.35  responsibilities including, but not limited to, day care, 
 40.36  babysitting whether paid or unpaid, counseling, teaching, and 
 41.1   coaching.  
 41.2      (c) "Neglect" means: 
 41.3      (1) failure by a person responsible for a child's care to 
 41.4   supply a child with necessary food, clothing, shelter or medical 
 41.5   care when reasonably able to do so,; 
 41.6      (2) failure to protect a child from conditions or actions 
 41.7   which imminently and seriously endanger the child's physical or 
 41.8   mental health when reasonably able to do so, or; 
 41.9      (3) failure to provide for necessary supervision or child 
 41.10  care arrangement appropriate for a child after considering 
 41.11  factors such as the child's age, mental ability, physical 
 41.12  condition, length of absence, or environment, when the child is 
 41.13  unable to care for the child's own basic needs or safety, or the 
 41.14  basic needs or safety of another child in their care; 
 41.15     (4) failure to take steps to ensure that a child is 
 41.16  educated in accordance with state law.; 
 41.17     (5) nothing in this section shall be construed to mean that 
 41.18  a child is neglected solely because the child's parent, 
 41.19  guardian, or other person responsible for the child's care in 
 41.20  good faith selects and depends upon spiritual means or prayer 
 41.21  for treatment or care of disease or remedial care of the child 
 41.22  in lieu of medical care; except that a parent, guardian, or 
 41.23  caretaker, or a person mandated to report pursuant to 
 41.24  subdivision 3, has a duty to report if a lack of medical care 
 41.25  may cause serious danger to the child's health.  This section 
 41.26  does not impose upon persons, not otherwise legally responsible 
 41.27  for providing a child with necessary food, clothing, shelter, 
 41.28  education, or medical care, a duty to provide that care.; 
 41.29     Neglect includes (6) prenatal exposure to a controlled 
 41.30  substance, as defined in section 253B.02, subdivision 2, used by 
 41.31  the mother for a nonmedical purpose, as evidenced by withdrawal 
 41.32  symptoms in the child at birth, results of a toxicology test 
 41.33  performed on the mother at delivery or the child at birth, or 
 41.34  medical effects or developmental delays during the child's first 
 41.35  year of life that medically indicate prenatal exposure to a 
 41.36  controlled substance.; 
 42.1      Neglect also means (7) "medical neglect" as defined in 
 42.2   section 260.015, subdivision 2a, clause (5).; 
 42.3      (8) that the parent or other person responsible for the 
 42.4   care of the child (i) engages in violent behavior that 
 42.5   demonstrates a disregard for the well-being of the child as 
 42.6   indicated by action that could reasonably result in serious 
 42.7   physical, mental, or threatened injury or emotional damage to 
 42.8   the child or (ii) engages in repeated domestic abuse as defined 
 42.9   as domestic assault and repeat domestic assault under the 
 42.10  criminal code; 
 42.11     (9) chronic and severe use of alcohol or a controlled 
 42.12  substance by a parent or person responsible for the care of the 
 42.13  child that adversely affects the child's basic needs and safety; 
 42.14     (10) the parent or other person responsible for the care of 
 42.15  the child commits domestic assault under section 609.2242 or 
 42.16  609.2243, within sight or sound of the child, or subjects the 
 42.17  child to an ongoing violent environment which is likely to have 
 42.18  a detrimental effect on the well-being of the child; or 
 42.19     (11) emotional harm from a pattern of behavior which 
 42.20  contributes to impaired emotional functioning of the child which 
 42.21  may be demonstrated by a substantial and observable effect in 
 42.22  the child's behavior, emotional response, or cognition that is 
 42.23  not within the normal range for the child's age and stage of 
 42.24  development, with due regard to the child's culture. 
 42.25     (d) "Physical abuse" means any physical or injury, mental 
 42.26  injury, or threatened injury, or repeated infliction of pain, 
 42.27  inflicted by a person responsible for the child's care on a 
 42.28  child other than by accidental means, or any physical or mental 
 42.29  injury that cannot reasonably be explained by the child's 
 42.30  history of injuries, or any aversive and deprivation procedures 
 42.31  that have not been authorized under section 245.825.  Abuse does 
 42.32  not include reasonable and moderate physical discipline of a 
 42.33  child administered by a parent or legal guardian which does not 
 42.34  result in an injury.  Actions which are not reasonable and 
 42.35  moderate include, but are not limited to: 
 42.36     (1) throwing, kicking, burning, biting, or cutting a child; 
 43.1      (2) striking a child with a closed fist; 
 43.2      (3) shaking a child under age three; 
 43.3      (4) striking or other actions which result in any 
 43.4   nonaccidental injury to a child under 18 months of age; 
 43.5      (5) interfering with a child's breathing; 
 43.6      (6) threatening a child with a weapon, as defined in 
 43.7   section 609.02, subdivision 6; 
 43.8      (7) striking a child on the face or head; 
 43.9      (8) purposely giving a child poison, alcohol, or dangerous, 
 43.10  harmful, or controlled substances which were not prescribed for 
 43.11  the child by a practitioner, or other substances that 
 43.12  substantially affect the child's behavior, motor coordination, 
 43.13  or judgment or that result in sickness or internal injury, or 
 43.14  subjects the child to medical procedures that would be 
 43.15  unnecessary if the child were not exposed to the substances; or 
 43.16     (9) unreasonable physical confinement or restraint not 
 43.17  permitted under section 609.379, including, but not limited to, 
 43.18  tying, caging, or chaining. 
 43.19     (e) "Report" means any report received by the local welfare 
 43.20  agency, police department, or county sheriff pursuant to this 
 43.21  section. 
 43.22     (f) "Facility" means a licensed or unlicensed day care 
 43.23  facility, residential facility, agency, hospital, sanitarium, or 
 43.24  other facility or institution required to be licensed pursuant 
 43.25  to under sections 144.50 to 144.58, 241.021, or 245A.01 to 
 43.26  245A.16., or chapter 245B; or a school as defined in sections 
 43.27  120A.05, subdivisions 9, 11, and 13, 120A.36, and 124D.68; or a 
 43.28  nonlicensed personal care provider organization as defined in 
 43.29  sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.
 43.30     (g) "Operator" means an operator or agency as defined in 
 43.31  section 245A.02.  
 43.32     (h) "Commissioner" means the commissioner of human services.
 43.33     (i) "Assessment" includes authority to interview the child, 
 43.34  the person or persons responsible for the child's care, the 
 43.35  alleged perpetrator, and any other person with knowledge of the 
 43.36  abuse or neglect for the purpose of gathering the facts, 
 44.1   assessing the risk to the child, and formulating a plan.  
 44.2      (j) "Practice of social services," for the purposes of 
 44.3   subdivision 3, includes but is not limited to employee 
 44.4   assistance counseling and the provision of guardian ad litem and 
 44.5   visitation expeditor services.  
 44.6      (k) "Mental injury" means an injury to the psychological 
 44.7   capacity or emotional stability of a child as evidenced by an 
 44.8   observable or substantial impairment in the child's ability to 
 44.9   function within a normal range of performance and behavior with 
 44.10  due regard to the child's culture harm to a child's 
 44.11  psychological or intellectual functioning which now, or in the 
 44.12  future, is likely to be evidenced by serious mental, behavioral, 
 44.13  or personality disorder, including severe anxiety, depression, 
 44.14  withdrawal, severe aggressive behavior, seriously delayed 
 44.15  development, or similarly serious dysfunctional behavior when 
 44.16  caused by a statement, overt act, omission, condition, or status 
 44.17  of the child's caretaker.  
 44.18     (l) "Threatened injury" means a statement, overt act, 
 44.19  condition, or status that represents a substantial risk of 
 44.20  physical or sexual abuse or mental injury. 
 44.21     (m) Persons who conduct assessments or investigations under 
 44.22  this section shall take into account accepted child-rearing 
 44.23  practices of the culture in which a child participates, which 
 44.24  are not injurious to the child's health, welfare, and safety. 
 44.25     Sec. 9.  Minnesota Statutes 1998, section 626.556, 
 44.26  subdivision 3, is amended to read: 
 44.27     Subd. 3.  [PERSONS MANDATED TO REPORT.] (a) A person who 
 44.28  knows or has reason to believe a child is being neglected or 
 44.29  physically or sexually abused, as defined in subdivision 2, or 
 44.30  has been neglected or physically or sexually abused within the 
 44.31  preceding three years, shall immediately report the information 
 44.32  to the local welfare agency, agency responsible for licensing or 
 44.33  supervising the facility, police department, or the county 
 44.34  sheriff if the person is:  
 44.35     (1) a professional or professional's delegate who is 
 44.36  engaged in the practice of the healing arts, social services, 
 45.1   hospital administration, psychological or psychiatric treatment, 
 45.2   child care, education, or law enforcement; or 
 45.3      (2) employed as a member of the clergy and received the 
 45.4   information while engaged in ministerial duties, provided that a 
 45.5   member of the clergy is not required by this subdivision to 
 45.6   report information that is otherwise privileged under section 
 45.7   595.02, subdivision 1, paragraph (c).  
 45.8      The police department or the county sheriff, upon receiving 
 45.9   a report, shall immediately notify the local welfare agency or 
 45.10  agency responsible for licensing or supervising the facility, 
 45.11  orally and in writing.  The local welfare agency, or agency 
 45.12  responsible for licensing or supervising the facility, upon 
 45.13  receiving a report, shall immediately notify the local police 
 45.14  department or the county sheriff orally and in writing.  The 
 45.15  county sheriff and the head of every local welfare agency, 
 45.16  agency responsible for licensing or supervising facilities, and 
 45.17  police department shall each designate a person within their 
 45.18  agency, department, or office who is responsible for ensuring 
 45.19  that the notification duties of this paragraph and paragraph (b) 
 45.20  are carried out.  Nothing in this subdivision shall be construed 
 45.21  to require more than one report from any institution, facility, 
 45.22  school, or agency. 
 45.23     (b) Any person may voluntarily report to the local welfare 
 45.24  agency, agency responsible for licensing or supervising the 
 45.25  facility, police department, or the county sheriff if the person 
 45.26  knows, has reason to believe, or suspects a child is being or 
 45.27  has been neglected or subjected to physical or sexual abuse.  
 45.28  The police department or the county sheriff, upon receiving a 
 45.29  report, shall immediately notify the local welfare agency or 
 45.30  agency responsible for licensing or supervising the facility, 
 45.31  orally and in writing.  The local welfare agency or agency 
 45.32  responsible for licensing or supervising the facility, upon 
 45.33  receiving a report, shall immediately notify the local police 
 45.34  department or the county sheriff orally and in writing. 
 45.35     (c) A person mandated to report physical or sexual child 
 45.36  abuse or neglect occurring within a licensed facility shall 
 46.1   report the information to the agency responsible for 
 46.2   licensing the or supervising: 
 46.3      (i) a facility under sections 144.50 to 144.58, 241.021, 
 46.4   245A.01 to 245A.16, or chapter 245B; 
 46.5      (ii) a school as defined in sections 120A.05, subdivisions 
 46.6   9, 11, and 13, and 124D.68; or 
 46.7      (iii) a nonlicensed personal care provider organization as 
 46.8   defined in sections 256B.04, subdivision 16, and 256B.0625, 
 46.9   subdivision 19a.  A health or corrections agency receiving a 
 46.10  report may request the local welfare agency to provide 
 46.11  assistance pursuant to subdivisions 10, 10a, and 10b. 
 46.12     (d) Any person mandated to report shall receive a summary 
 46.13  of the disposition of any report made by that 
 46.14  reporter, including whether the case has been opened for child 
 46.15  protection or other services, or if a referral has been made to 
 46.16  a community organization, unless release would be detrimental to 
 46.17  the best interests of the child.  Any person who is not mandated 
 46.18  to report shall, upon request to the local welfare agency, 
 46.19  receive a concise summary of the disposition of any report made 
 46.20  by that reporter, unless release would be detrimental to the 
 46.21  best interests of the child. 
 46.22     (e) For purposes of this subdivision, "immediately" means 
 46.23  as soon as possible but in no event longer than 24 hours. 
 46.24     Sec. 10.  Minnesota Statutes 1998, section 626.556, 
 46.25  subdivision 4, is amended to read: 
 46.26     Subd. 4.  [IMMUNITY FROM LIABILITY.] (a) The following 
 46.27  persons are immune from any civil or criminal liability that 
 46.28  otherwise might result from their actions, if they are acting in 
 46.29  good faith: 
 46.30     (1) any person making a voluntary or mandated report under 
 46.31  subdivision 3 or under section 626.5561 or assisting in an 
 46.32  assessment under this section or under section 626.5561; 
 46.33     (2) any person with responsibility for performing duties 
 46.34  under this section or supervisor employed by a local welfare 
 46.35  agency or, the commissioner of an agency responsible for 
 46.36  operating or supervising a licensed or unlicensed day care 
 47.1   facility, residential facility, agency, hospital, sanatorium, or 
 47.2   other facility or institution required to be licensed under 
 47.3   sections 144.50 to 144.58, 241.021, 245A.01 to 245A.16, or 
 47.4   chapter 245B; or a school as defined in sections 120A.05, 
 47.5   subdivisions 9, 11, and 13, 120A.36, and 124D.68; or a 
 47.6   nonlicensed personal care provider organization as defined in 
 47.7   sections 256B.04, subdivision 16, and 256B.0625, subdivision 
 47.8   19a, complying with subdivision 10d; and 
 47.9      (3) any public or private school, facility as defined in 
 47.10  subdivision 2, or the employee of any public or private school 
 47.11  or facility who permits access by a local welfare agency or 
 47.12  local law enforcement agency and assists in an investigation or 
 47.13  assessment pursuant to subdivision 10 or under section 626.5561. 
 47.14     (b) A person who is a supervisor or person with 
 47.15  responsibility for performing duties under this section employed 
 47.16  by a local welfare agency or the commissioner complying with 
 47.17  subdivisions 10 and 11 or section 626.5561 or any related rule 
 47.18  or provision of law is immune from any civil or criminal 
 47.19  liability that might otherwise result from the person's actions, 
 47.20  if the person is (1) acting in good faith and exercising due 
 47.21  care, or (2) acting in good faith and following the information 
 47.22  collection procedures established under subdivision 10, 
 47.23  paragraphs (h), (i), and (j). 
 47.24     (c) This subdivision does not provide immunity to any 
 47.25  person for failure to make a required report or for committing 
 47.26  neglect, physical abuse, or sexual abuse of a child. 
 47.27     (d) If a person who makes a voluntary or mandatory report 
 47.28  under subdivision 3 prevails in a civil action from which the 
 47.29  person has been granted immunity under this subdivision, the 
 47.30  court may award the person attorney fees and costs. 
 47.31     Sec. 11.  Minnesota Statutes 1998, section 626.556, 
 47.32  subdivision 7, is amended to read: 
 47.33     Subd. 7.  [REPORT.] An oral report shall be made 
 47.34  immediately by telephone or otherwise.  An oral report made by a 
 47.35  person required under subdivision 3 to report shall be followed 
 47.36  within 72 hours, exclusive of weekends and holidays, by a report 
 48.1   in writing to the appropriate police department, the county 
 48.2   sheriff or local welfare agency, unless the appropriate agency 
 48.3   has informed the reporter that the oral information does not 
 48.4   constitute a report under subdivision 10.  Any report shall be 
 48.5   of sufficient content to identify the child, any person believed 
 48.6   to be responsible for the abuse or neglect of the child if the 
 48.7   person is known, the nature and extent of the abuse or neglect 
 48.8   and the name and address of the reporter.  If the reporter 
 48.9   requests, the local welfare agency shall inform the reporter 
 48.10  within ten days after the report is made, either orally or in 
 48.11  writing, whether the report was accepted for assessment or 
 48.12  investigation.  Written reports received by a police department 
 48.13  or the county sheriff shall be forwarded immediately to the 
 48.14  local welfare agency.  The police department or the county 
 48.15  sheriff may keep copies of reports received by them.  Copies of 
 48.16  written reports received by a local welfare department shall be 
 48.17  forwarded immediately to the local police department or the 
 48.18  county sheriff. 
 48.19     A written copy of a report maintained by personnel of 
 48.20  agencies, other than welfare or law enforcement agencies, which 
 48.21  are subject to chapter 13 shall be confidential.  An individual 
 48.22  subject of the report may obtain access to the original report 
 48.23  as provided by subdivision 11. 
 48.24     Sec. 12.  Minnesota Statutes 1998, section 626.556, 
 48.25  subdivision 10b, is amended to read: 
 48.26     Subd. 10b.  [DUTIES OF COMMISSIONER; NEGLECT OR ABUSE IN 
 48.27  FACILITY.] (a) The commissioner of the agency responsible for 
 48.28  licensing or supervising the facility shall immediately 
 48.29  investigate if the report alleges that: 
 48.30     (1) a child who is in the care of a facility as defined in 
 48.31  subdivision 2 is neglected, physically abused, or sexually 
 48.32  abused by an individual in that facility, or has been so 
 48.33  neglected or abused by an individual in that facility within the 
 48.34  three years preceding the report; or 
 48.35     (2) a child was neglected, physically abused, or sexually 
 48.36  abused by an individual in a facility defined in subdivision 2, 
 49.1   while in the care of that facility within the three years 
 49.2   preceding the report.  
 49.3      The commissioner of the agency responsible for licensing or 
 49.4   supervising the facility shall arrange for the transmittal to 
 49.5   the commissioner of reports received by local agencies and may 
 49.6   delegate to a local welfare agency the duty to investigate 
 49.7   reports.  In conducting an investigation under this section, the 
 49.8   commissioner has the powers and duties specified for local 
 49.9   welfare agencies under this section.  The commissioner of the 
 49.10  agency responsible for licensing or supervising the facility or 
 49.11  local welfare agency may interview any children who are or have 
 49.12  been in the care of a facility under investigation and their 
 49.13  parents, guardians, or legal custodians. 
 49.14     (b) Prior to any interview, the commissioner of the agency 
 49.15  responsible for licensing or supervising the facility or local 
 49.16  welfare agency shall notify the parent, guardian, or legal 
 49.17  custodian of a child who will be interviewed in the manner 
 49.18  provided for in subdivision 10d, paragraph (a).  If reasonable 
 49.19  efforts to reach the parent, guardian, or legal custodian of a 
 49.20  child in an out-of-home placement have failed, the child may be 
 49.21  interviewed if there is reason to believe the interview is 
 49.22  necessary to protect the child or other children in the 
 49.23  facility.  The commissioner of the agency responsible for 
 49.24  licensing or supervising the facility or local agency must 
 49.25  provide the information required in this subdivision to the 
 49.26  parent, guardian, or legal custodian of a child interviewed 
 49.27  without parental notification as soon as possible after the 
 49.28  interview.  When the investigation is completed, any parent, 
 49.29  guardian, or legal custodian notified under this subdivision 
 49.30  shall receive the written memorandum provided for in subdivision 
 49.31  10d, paragraph (c). 
 49.32     (c) In conducting investigations under this subdivision the 
 49.33  commissioner or local welfare agency shall obtain access to 
 49.34  information consistent with subdivision 10, paragraphs (h), (i), 
 49.35  and (j). 
 49.36     (d) Except for foster care and family child care, the 
 50.1   commissioner of the agency responsible for licensing or 
 50.2   supervising the facility has the primary responsibility for the 
 50.3   investigations and notifications required under subdivisions 10d 
 50.4   and 10f for reports that allege maltreatment related to the care 
 50.5   provided by or in facilities licensed by the commissioner.  The 
 50.6   commissioner of the agency responsible for licensing or 
 50.7   supervising the facility may request assistance from the local 
 50.8   social service agency. 
 50.9      Sec. 13.  Minnesota Statutes 1998, section 626.556, 
 50.10  subdivision 10d, is amended to read: 
 50.11     Subd. 10d.  [NOTIFICATION OF NEGLECT OR ABUSE IN FACILITY.] 
 50.12  (a) When a report is received that alleges neglect, physical 
 50.13  abuse, or sexual abuse of a child while in the care of a 
 50.14  facility required to be licensed pursuant to chapter 245A, 
 50.15  licensed or unlicensed day care facility, residential facility, 
 50.16  agency, hospital, sanatorium, or other facility or institution 
 50.17  required to be licensed pursuant to sections 144.50 to 144.58, 
 50.18  241.021, 245A.01 to 245A.16, or chapter 245B; or a school as 
 50.19  defined in sections 120A.05, subdivisions 9, 11, and 13, 
 50.20  120A.36, and 124D.68; or a nonlicensed personal care provider 
 50.21  organization as defined in sections 256B.04, subdivision 16, and 
 50.22  256B.0625, subdivision 19a, the commissioner of the agency 
 50.23  responsible for licensing or supervising the facility or local 
 50.24  welfare agency investigating the report shall provide the 
 50.25  following information to the parent, guardian, or legal 
 50.26  custodian of a child alleged to have been neglected, physically 
 50.27  abused, or sexually abused:  the name of the facility; the fact 
 50.28  that a report alleging neglect, physical abuse, or sexual abuse 
 50.29  of a child in the facility has been received; the nature of the 
 50.30  alleged neglect, physical abuse, or sexual abuse; that the 
 50.31  agency is conducting an investigation; any protective or 
 50.32  corrective measures being taken pending the outcome of the 
 50.33  investigation; and that a written memorandum will be provided 
 50.34  when the investigation is completed. 
 50.35     (b) The commissioner of the agency responsible for 
 50.36  licensing or supervising the facility or local welfare agency 
 51.1   may also provide the information in paragraph (a) to the parent, 
 51.2   guardian, or legal custodian of any other child in the facility 
 51.3   if the investigative agency knows or has reason to believe the 
 51.4   alleged neglect, physical abuse, or sexual abuse has occurred. 
 51.5   In determining whether to exercise this authority, the 
 51.6   commissioner of the agency responsible for licensing or 
 51.7   supervising the facility or local welfare agency shall consider 
 51.8   the seriousness of the alleged neglect, physical abuse, or 
 51.9   sexual abuse; the number of children allegedly neglected, 
 51.10  physically abused, or sexually abused; the number of alleged 
 51.11  perpetrators; and the length of the investigation.  The facility 
 51.12  shall be notified whenever this discretion is exercised. 
 51.13     (c) When the commissioner of the agency responsible for 
 51.14  licensing or supervising the facility or local welfare agency 
 51.15  has completed its investigation, every parent, guardian, or 
 51.16  legal custodian notified of the investigation by the 
 51.17  commissioner or local welfare agency shall be provided with the 
 51.18  following information in a written memorandum:  the name of the 
 51.19  facility investigated; the nature of the alleged neglect, 
 51.20  physical abuse, or sexual abuse; the investigator's name; a 
 51.21  summary of the investigation findings; a statement whether 
 51.22  maltreatment was found; and the protective or corrective 
 51.23  measures that are being or will be taken.  The memorandum shall 
 51.24  be written in a manner that protects the identity of the 
 51.25  reporter and the child and shall not contain the name, or to the 
 51.26  extent possible, reveal the identity of the alleged perpetrator 
 51.27  or of those interviewed during the investigation.  The 
 51.28  commissioner or local welfare agency shall also provide the 
 51.29  written memorandum to the parent, guardian, or legal custodian 
 51.30  of each child in the facility if maltreatment is determined to 
 51.31  exist. 
 51.32     Sec. 14.  Minnesota Statutes 1998, section 626.556, 
 51.33  subdivision 10e, is amended to read: 
 51.34     Subd. 10e.  [DETERMINATIONS.] Upon the conclusion of every 
 51.35  assessment or investigation it conducts, the local welfare 
 51.36  agency shall make two determinations within 60 days after a 
 52.1   report is received:  first, whether maltreatment has occurred; 
 52.2   and second, whether child protective services are needed.  When 
 52.3   maltreatment is determined in an investigation involving a 
 52.4   facility, the investigating agency shall also determine whether 
 52.5   the facility or individual was responsible for the maltreatment 
 52.6   using the mitigating factors in paragraph (d).  Determinations 
 52.7   under this subdivision must be made based on a preponderance of 
 52.8   the evidence. 
 52.9      (a) For the purposes of this subdivision, "maltreatment" 
 52.10  means any of the following acts or omissions committed by a 
 52.11  person responsible for the child's care: 
 52.12     (1) physical abuse as defined in subdivision 2, paragraph 
 52.13  (d); 
 52.14     (2) neglect as defined in subdivision 2, paragraph (c); 
 52.15     (3) sexual abuse as defined in subdivision 2, paragraph 
 52.16  (a); or 
 52.17     (4) mental injury as defined in subdivision 2, paragraph 
 52.18  (k). 
 52.19     (b) For the purposes of this subdivision, a determination 
 52.20  that child protective services are needed means that the local 
 52.21  welfare agency has documented conditions during the assessment 
 52.22  or investigation sufficient to cause a child protection worker, 
 52.23  as defined in section 626.559, subdivision 1, to conclude that a 
 52.24  child is at significant risk of maltreatment if protective 
 52.25  intervention is not provided and that the individuals 
 52.26  responsible for the child's care have not taken or are not 
 52.27  likely to take actions to protect the child from maltreatment or 
 52.28  risk of maltreatment. 
 52.29     (c) This subdivision does not mean that maltreatment has 
 52.30  occurred solely because the child's parent, guardian, or other 
 52.31  person responsible for the child's care in good faith selects 
 52.32  and depends upon spiritual means or prayer for treatment or care 
 52.33  of disease or remedial care of the child, in lieu of medical 
 52.34  care.  However, if lack of medical care may result in serious 
 52.35  danger to the child's health, the local welfare agency may 
 52.36  ensure that necessary medical services are provided to the child.
 53.1      (d) This subdivision does not require a determination of 
 53.2   maltreatment if neglect is due solely to poverty, but 
 53.3   appropriate services shall be provided. 
 53.4      (e) When determining whether the facility or individual is 
 53.5   the responsible party for determined maltreatment in a facility, 
 53.6   the investigating agency shall consider at least the following 
 53.7   mitigating factors: 
 53.8      (1) whether the actions of the facility or the individual 
 53.9   caregivers were according to, and followed the terms of, an 
 53.10  erroneous physician order, prescription, individual care plan, 
 53.11  or directive; however, this is not a mitigating factor when the 
 53.12  facility or caregiver was responsible for the issuance of the 
 53.13  erroneous order, prescription, individual care plan, or 
 53.14  directive or knew or should have known of the errors and took no 
 53.15  reasonable measures to correct the defect before administering 
 53.16  care; 
 53.17     (2) comparative responsibility between the facility, other 
 53.18  caregivers, and requirements placed upon an employee, including 
 53.19  the facility's compliance with related regulatory standards and 
 53.20  the adequacy of facility policies and procedures, facility 
 53.21  training, an individual's participation in the training, the 
 53.22  caregiver's supervision, and facility staffing levels and the 
 53.23  scope of the individual employee's authority and discretion; and 
 53.24     (3) whether the facility or individual followed 
 53.25  professional standards in exercising professional judgment. 
 53.26     (e) The commissioner shall work with the maltreatment of 
 53.27  minors advisory committee established under Laws 1997, chapter 
 53.28  203, to make recommendations to further specify the kinds of 
 53.29  acts or omissions that constitute physical abuse, neglect, 
 53.30  sexual abuse, or mental injury.  The commissioner shall submit 
 53.31  the recommendation and any legislation needed by January 15, 
 53.32  1999.  (f) Individual counties may implement more detailed 
 53.33  definitions or criteria that indicate which allegations to 
 53.34  investigate, as long as a county's policies are consistent with 
 53.35  the definitions in the statutes and rules and are approved by 
 53.36  the county board.  Each local welfare agency shall periodically 
 54.1   inform mandated reporters under subdivision 3 who work in the 
 54.2   county of the definitions of maltreatment in the statutes and 
 54.3   rules and any additional definitions or criteria that have been 
 54.4   approved by the county board. 
 54.5      Sec. 15.  Minnesota Statutes 1998, section 626.556, 
 54.6   subdivision 10f, is amended to read: 
 54.7      Subd. 10f.  [NOTICE OF DETERMINATIONS.] Within ten working 
 54.8   days of the conclusion of an assessment, the local welfare 
 54.9   agency or agency responsible for licensing or supervising the 
 54.10  facility shall notify the parent or guardian of the child, the 
 54.11  person determined to be maltreating the child, and if 
 54.12  applicable, the director of the facility, of the determination 
 54.13  and a summary of the specific reasons for the determination.  
 54.14  The notice must also include a certification that the 
 54.15  information collection procedures under subdivision 10, 
 54.16  paragraphs (h), (i), and (j), were followed and a notice of the 
 54.17  right of a data subject to obtain access to other private data 
 54.18  on the subject collected, created, or maintained under this 
 54.19  section.  In addition, the notice shall include the length of 
 54.20  time that the records will be kept under subdivision 11c.  The 
 54.21  investigating agency shall notify the parent or guardian of the 
 54.22  child who is the subject of the report, and any person or 
 54.23  facility determined to have maltreated a child, of their appeal 
 54.24  rights under this section. 
 54.25     Sec. 16.  Minnesota Statutes 1998, section 626.556, 
 54.26  subdivision 10j, is amended to read: 
 54.27     Subd. 10j.  [RELEASE OF DATA TO MANDATED REPORTERS.] A 
 54.28  local social service or child protection agency may provide 
 54.29  relevant private data on individuals obtained under this section 
 54.30  to mandated reporters who have an ongoing responsibility for the 
 54.31  health, education, or welfare of a child affected by the data, 
 54.32  in the best interests of the child.  The commissioner shall 
 54.33  consult with the maltreatment of minors advisory committee to 
 54.34  develop criteria for determining which records may be shared 
 54.35  with mandated reporters under this subdivision.  Mandated 
 54.36  reporters with ongoing responsibility for the health, education, 
 55.1   or welfare of a child affected by the data include the child's 
 55.2   teachers or other appropriate school personnel, foster parents, 
 55.3   health care providers, respite care workers, therapists, social 
 55.4   workers, child care providers, residential care staff, crisis 
 55.5   nursery staff, probation officers, and court services 
 55.6   personnel.  Under this section, a mandated reporter need not 
 55.7   have made the report to be considered a person with ongoing 
 55.8   responsibility for the health, education, or welfare of a child 
 55.9   affected by the data. 
 55.10     Sec. 17.  Minnesota Statutes 1998, section 626.556, is 
 55.11  amended by adding a subdivision to read: 
 55.12     Subd. 10l.  [APPEAL BY CHILD.] A child age 12 or older, or 
 55.13  a relative or mandatory reporter acting on behalf of such a 
 55.14  child, may request the investigating agency to reconsider a 
 55.15  final determination that maltreatment has occurred but no 
 55.16  services are needed.  The request must be submitted in writing 
 55.17  to the investigating agency within 15 calendar days after 
 55.18  receipt of the final determination regarding maltreatment.  If 
 55.19  the investigating agency denies the request or fails to act upon 
 55.20  it within 15 calendar days after receiving the request for 
 55.21  reconsideration, the child or individual acting on the child's 
 55.22  behalf may submit to the commissioner of human services a 
 55.23  written request for a hearing under section 256.045. 
 55.24     Sec. 18.  Minnesota Statutes 1998, section 626.556, 
 55.25  subdivision 11, is amended to read: 
 55.26     Subd. 11.  [RECORDS.] (a) Except as provided in paragraph 
 55.27  (b) and subdivisions 10b, 10d, 10g, and 11b, all records 
 55.28  concerning individuals maintained by a local welfare agency or 
 55.29  agency responsible for licensing or supervising the facility 
 55.30  under this section, including any written reports filed under 
 55.31  subdivision 7, shall be private data on individuals, except 
 55.32  insofar as copies of reports are required by subdivision 7 to be 
 55.33  sent to the local police department or the county sheriff.  
 55.34  Reports maintained by any police department or the county 
 55.35  sheriff shall be private data on individuals except the reports 
 55.36  shall be made available to the investigating, petitioning, or 
 56.1   prosecuting authority, including county medical examiners or 
 56.2   county coroners.  Section 13.82, subdivisions 5, 5a, and 5b, 
 56.3   apply to law enforcement data other than the reports.  The local 
 56.4   social services agency or agency responsible for licensing or 
 56.5   supervising the facility shall make available to the 
 56.6   investigating, petitioning, or prosecuting authority, including 
 56.7   county medical examiners or county coroners or their 
 56.8   professional delegates, any records which contain information 
 56.9   relating to a specific incident of neglect or abuse which is 
 56.10  under investigation, petition, or prosecution and information 
 56.11  relating to any prior incidents of neglect or abuse involving 
 56.12  any of the same persons.  The records shall be collected and 
 56.13  maintained in accordance with the provisions of chapter 13.  In 
 56.14  conducting investigations and assessments pursuant to this 
 56.15  section, the notice required by section 13.04, subdivision 2, 
 56.16  need not be provided to a minor under the age of ten who is the 
 56.17  alleged victim of abuse or neglect.  An individual subject of a 
 56.18  record shall have access to the record in accordance with those 
 56.19  sections, except that the name of the reporter shall be 
 56.20  confidential while the report is under assessment or 
 56.21  investigation except as otherwise permitted by this 
 56.22  subdivision.  Any person conducting an investigation or 
 56.23  assessment under this section who intentionally discloses the 
 56.24  identity of a reporter prior to the completion of the 
 56.25  investigation or assessment is guilty of a misdemeanor.  After 
 56.26  the assessment or investigation is completed, the name of the 
 56.27  reporter shall be confidential.  The subject of the report may 
 56.28  compel disclosure of the name of the reporter only with the 
 56.29  consent of the reporter or upon a written finding by the court 
 56.30  that the report was false and that there is evidence that the 
 56.31  report was made in bad faith.  This subdivision does not alter 
 56.32  disclosure responsibilities or obligations under the rules of 
 56.33  criminal procedure. 
 56.34     (b) Upon request of the legislative auditor, data on 
 56.35  individuals maintained under this section must be released to 
 56.36  the legislative auditor in order for the auditor to fulfill the 
 57.1   auditor's duties under section 3.971.  The auditor shall 
 57.2   maintain the data in accordance with chapter 13. 
 57.3      Sec. 19.  Minnesota Statutes 1998, section 626.556, 
 57.4   subdivision 11b, is amended to read: 
 57.5      Subd. 11b.  [DATA RECEIVED FROM LAW ENFORCEMENT.] Active 
 57.6   law enforcement investigative data received by a local welfare 
 57.7   agency or agency responsible for licensing or supervising the 
 57.8   facility under this section are confidential data on 
 57.9   individuals.  When this data become inactive in the law 
 57.10  enforcement agency, the data are private data on individuals. 
 57.11     Sec. 20.  Minnesota Statutes 1998, section 626.556, 
 57.12  subdivision 11c, is amended to read: 
 57.13     Subd. 11c.  [WELFARE, COURT SERVICES AGENCY, AND SCHOOL 
 57.14  RECORDS MAINTAINED.] Notwithstanding sections 138.163 and 
 57.15  138.17, records maintained or records derived from reports of 
 57.16  abuse by local welfare agencies, agencies responsible for 
 57.17  licensing or supervising facilities, court services agencies, or 
 57.18  schools under this section shall be destroyed as provided in 
 57.19  paragraphs (a) to (d) by the responsible authority. 
 57.20     (a) If upon assessment or investigation there is no 
 57.21  determination of maltreatment or the need for child protective 
 57.22  services, the records must be maintained for a period of four 
 57.23  years.  Records under this paragraph may not be used for 
 57.24  employment, background checks, or purposes other than to assist 
 57.25  in future risk and safety assessments. 
 57.26     (b) All records relating to reports which, upon assessment 
 57.27  or investigation, indicate either maltreatment or a need for 
 57.28  child protective services shall be maintained for at least ten 
 57.29  years after the date of the final entry in the case record. 
 57.30     (c) All records regarding a report of maltreatment, 
 57.31  including any notification of intent to interview which was 
 57.32  received by a school under subdivision 10, paragraph (d), shall 
 57.33  be destroyed by the school when ordered to do so by the agency 
 57.34  conducting the assessment or investigation.  The agency shall 
 57.35  order the destruction of the notification when other records 
 57.36  relating to the report under investigation or assessment are 
 58.1   destroyed under this subdivision. 
 58.2      (d) Private or confidential data released to a court 
 58.3   services agency under subdivision 10h must be destroyed by the 
 58.4   court services agency when ordered to do so by the local welfare 
 58.5   agency that released the data.  The local welfare agency or 
 58.6   agency responsible for licensing or supervising the facility 
 58.7   shall order destruction of the data when other records relating 
 58.8   to the assessment or investigation are destroyed under this 
 58.9   subdivision. 
 58.10     Sec. 21.  Minnesota Statutes 1998, section 626.558, 
 58.11  subdivision 2, is amended to read: 
 58.12     Subd. 2.  [DUTIES OF TEAM.] A multidisciplinary child 
 58.13  protection team may provide public and professional education, 
 58.14  develop resources for prevention, intervention, and treatment, 
 58.15  and provide case consultation to the local welfare agency or 
 58.16  other interested community-based agencies.  The community-based 
 58.17  agencies may request case consultation from the 
 58.18  multidisciplinary child protection team regarding a child or 
 58.19  family for whom the community-based agency is providing 
 58.20  services.  A multidisciplinary child protection team may review 
 58.21  on its own initiative cases in which a local welfare agency has 
 58.22  made a determination of maltreatment but no services needed.  As 
 58.23  used in this section, "case consultation" means a case review 
 58.24  process in which recommendations are made concerning services to 
 58.25  be provided to the identified children and family.  Case 
 58.26  consultation may be performed by a committee or subcommittee of 
 58.27  members representing human services, including mental health and 
 58.28  chemical dependency; law enforcement, including probation and 
 58.29  parole; the county attorney; health care; education; 
 58.30  community-based agencies and other necessary agencies; and 
 58.31  persons directly involved in an individual case as designated by 
 58.32  other members performing case consultation. 
 58.33     Sec. 22.  [CHILD PROTECTION SCREENING CRITERIA.] 
 58.34     The commissioner of human services shall establish a task 
 58.35  force of county and state officials to: 
 58.36     (1) identify screening criteria to assist local social 
 59.1   services agencies in deciding whether an initial report of 
 59.2   suspected child maltreatment should be screened for a response 
 59.3   or screened out; 
 59.4      (2) articulate criteria for offering and providing services 
 59.5   and criteria for opening and closing cases in counties that use 
 59.6   alternative response programs under Minnesota Statutes, section 
 59.7   626.5551; and 
 59.8      (3) assess criteria for opening cases for services and 
 59.9   closing cases in order to develop recommendations for 
 59.10  improvement. 
 59.11     The task force must report its conclusions to the 
 59.12  commissioner by February 1, 2000.  The written criteria shall be 
 59.13  placed in the counties' community social services act plans.