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HF 1730

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 03/27/2017 11:42am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to health; providing for licensure of prescribed pediatric extended care
centers; setting fees; amending Minnesota Statutes 2016, section 626.556,
subdivisions 2, 3, 3c, 10d; proposing coding for new law as Minnesota Statutes,
chapter 144H.

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

Section 1.

new text begin [144H.01] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin The terms defined in this section apply to this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Basic services. new text end

new text begin "Basic services" includes but is not limited to:
new text end

new text begin (1) the development, implementation, and monitoring of a comprehensive protocol of
care that is developed in conjunction with the parent or guardian of a medically complex
or technologically dependent child and that specifies the medical, nursing, psychosocial,
and developmental therapies required by the medically complex or technologically dependent
child; and
new text end

new text begin (2) the caregiver training needs of the child's parent or guardian.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of health.
new text end

new text begin Subd. 4. new text end

new text begin Licensee. new text end

new text begin "Licensee" means an owner of a prescribed pediatric extended care
(PPEC) center licensed under this chapter.
new text end

new text begin Subd. 5. new text end

new text begin Medically complex or technologically dependent child. new text end

new text begin "Medically complex
or technologically dependent child" means a child who, because of a medical condition,
requires continuous therapeutic interventions or skilled nursing supervision which must be
prescribed by a licensed physician and administered by, or under the direct supervision of,
a licensed registered nurse.
new text end

new text begin Subd. 6. new text end

new text begin Owner. new text end

new text begin "Owner" means an individual whose ownership interest provides
sufficient authority or control to affect or change decisions regarding the operation of the
PPEC center. An owner includes a sole proprietor, a general partner, or any other individual
whose ownership interest has the ability to affect the management and direction of the PPEC
center's policies.
new text end

new text begin Subd. 7. new text end

new text begin Prescribed pediatric extended care center, PPEC center, or center.
new text end

new text begin "Prescribed pediatric extended care center," "PPEC center," or "center" means any facility
operated on a for-profit or nonprofit basis to provide nonresidential basic services to three
or more medically complex or technologically dependent children who require such services
and who are not related to the owner by blood, marriage, or adoption.
new text end

new text begin Subd. 8. new text end

new text begin Supportive services or contracted services. new text end

new text begin "Supportive services or contracted
services" include but are not limited to speech therapy, occupational therapy, physical
therapy, social work services, developmental services, child life services, and psychology
services.
new text end

Sec. 2.

new text begin [144H.02] LICENSURE REQUIRED.
new text end

new text begin A person may not own or operate a prescribed pediatric extended care center in this state
unless the person holds a temporary or current license issued under this chapter. A separate
license must be obtained for each PPEC center maintained on separate premises, even if
the same management operates the PPEC centers. Separate licenses are not required for
separate buildings on the same grounds. A center shall not be operated on the same grounds
as a child care center licensed under Minnesota Rules, chapter 9503.
new text end

Sec. 3.

new text begin [144H.03] EXEMPTIONS.
new text end

new text begin This chapter does not apply to:
new text end

new text begin (1) a facility operated by the United States government or a federal agency; or
new text end

new text begin (2) a health care facility licensed under chapter 144 or 144A.
new text end

Sec. 4.

new text begin [144H.04] LICENSE APPLICATION AND RENEWAL.
new text end

new text begin Subdivision 1. new text end

new text begin Licenses. new text end

new text begin A person seeking licensure for a PPEC center must submit a
completed application for licensure to the commissioner, in a form and manner determined
by the commissioner. The applicant must also submit the application fee, in the amount
specified in section 144H.05, subdivision 1. Effective September 1, 2017, the commissioner
shall issue a license for a PPEC center if the commissioner determines that the applicant
and center meet the requirements of this chapter and rules that apply to PPEC centers. A
license issued under this subdivision is valid for two years.
new text end

new text begin Subd. 2. new text end

new text begin License renewal. new text end

new text begin A license issued under subdivision 1 may be renewed for a
period of two years if the licensee:
new text end

new text begin (1) submits an application for renewal in a form and manner determined by the
commissioner, at least 30 days before the license expires. An application for renewal
submitted after the renewal deadline date must be accompanied by a late fee in the amount
specified in section 144H.05, subdivision 3;
new text end

new text begin (2) submits the renewal fee in the amount specified in section 144H.05, subdivision 2;
new text end

new text begin (3) demonstrates that the licensee has provided basic services at the PPEC center within
the past two years;
new text end

new text begin (4) provides evidence that the applicant meets the requirements for licensure; and
new text end

new text begin (5) provides other information required by the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin License not transferable. new text end

new text begin A PPEC center license issued under this section is
not transferable to another party. Before acquiring ownership of a PPEC center, a prospective
applicant must apply to the commissioner for a new license.
new text end

Sec. 5.

new text begin [144H.05] FEES.
new text end

new text begin Subdivision 1. new text end

new text begin Initial application fee. new text end

new text begin The initial application fee for PPEC center
licensure is .......
new text end

new text begin Subd. 2. new text end

new text begin License renewal. new text end

new text begin The fee for renewal of a PPEC center license is .......
new text end

new text begin Subd. 3. new text end

new text begin Late fee. new text end

new text begin The fee for late submission of an application to renew a PPEC center
license is .......
new text end

new text begin Subd. 4. new text end

new text begin Nonrefundable; state government special revenue fund. new text end

new text begin All fees collected
under this chapter are nonrefundable and must be deposited in the state treasury and credited
to the state government special revenue fund.
new text end

Sec. 6.

new text begin [144H.06] APPLICATION OF RULES FOR HOSPICE SERVICES.
new text end

new text begin Minnesota Rules, chapter 4664, shall apply to PPEC centers licensed under this chapter,
except that the following parts, subparts, and items do not apply:
new text end

new text begin (1) Minnesota Rules, part 4664.0390, subpart 1, items A, C and E;
new text end

new text begin (2) Minnesota Rules, part 4664.0420;
new text end

new text begin (3) Minnesota Rules, part 4664.0425, subparts 3, item A; 4; and 6;
new text end

new text begin (4) Minnesota Rules, part 4664.0430, subparts 3, 4, 5, 7, 8, 9, 10, 11, and 12; and
new text end

new text begin (5) Minnesota Rules, part 4664.0520.
new text end

Sec. 7.

new text begin [144H.07] SERVICES; LIMITATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Services. new text end

new text begin A PPEC center must provide basic services to medically complex
or technologically dependent children, based on a protocol of care established for each child.
A PPEC center may provide services up to 24 hours a day and up to seven days a week.
new text end

new text begin Subd. 2. new text end

new text begin Limitations. new text end

new text begin A PPEC center must comply with the following standards related
to services:
new text end

new text begin (1) a child is prohibited from attending a PPEC center for more than 14 hours within a
24-hour period;
new text end

new text begin (2) a PPEC center is prohibited from providing services other than those provided to
medically complex or technologically dependent children; and
new text end

new text begin (3) the maximum capacity for medically complex or technologically dependent children
at a center shall not exceed 45 children.
new text end

Sec. 8.

new text begin [144H.08] ADMINISTRATION AND MANAGEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Duties of owner. new text end

new text begin (a) The owner of a PPEC center shall have full legal
authority and responsibility for the operation of the center. A PPEC center must be organized
according to a written table of organization, describing the lines of authority and
communication to the child care level. The organizational structure must be designed to
ensure an integrated continuum of services for the children served.
new text end

new text begin (b) The owner must designate one person as a center administrator, who is responsible
and accountable for overall management of the center.
new text end

new text begin Subd. 2. new text end

new text begin Duties of administrator. new text end

new text begin The center administrator is responsible and accountable
for overall management of the center. The administrator must:
new text end

new text begin (1) designate in writing a person to be responsible for the center when the administrator
is absent from the center for more than 24 hours;
new text end

new text begin (2) maintain the following written records, in a place and form and using a system that
allows for inspection of the records by the commissioner during normal business hours:
new text end

new text begin (i) a daily census record, which indicates the number of children currently receiving
services at the center;
new text end

new text begin (ii) a record of all accidents or unusual incidents involving any child or staff member
that caused, or had the potential to cause, injury or harm to a person at the center or to center
property;
new text end

new text begin (iii) copies of all current agreements with providers of supportive services or contracted
services;
new text end

new text begin (iv) copies of all current agreements with consultants employed by the center,
documentation of each consultant's visits, and written, dated reports; and
new text end

new text begin (v) a personnel record for each employee, which must include an application for
employment, references, employment history for the preceding five years, and copies of all
performance evaluations;
new text end

new text begin (3) develop and maintain a current job description for each employee;
new text end

new text begin (4) provide necessary qualified personnel and ancillary services to ensure the health,
safety, and proper care for each child; and
new text end

new text begin (5) develop and implement infection control policies that comply with rules adopted by
the commissioner regarding infection control.
new text end

Sec. 9.

new text begin [144H.09] ADMISSION, TRANSFER, AND DISCHARGE POLICIES;
CONSENT FORM.
new text end

new text begin Subdivision 1. new text end

new text begin Written policies. new text end

new text begin A PPEC center must have written policies and
procedures governing the admission, transfer, and discharge of children.
new text end

new text begin Subd. 2. new text end

new text begin Consent form. new text end

new text begin A parent or guardian must sign a consent form outlining the
purpose of a PPEC center, specifying family responsibilities, authorizing treatment and
services, providing appropriate liability releases, and specifying emergency disposition
plans, before the child's admission to the center. The center must provide the child's parents
or guardians with a copy of the consent form and must maintain the consent form in the
child's medical record.
new text end

Sec. 10.

new text begin [144H.10] MEDICAL DIRECTOR.
new text end

new text begin A PPEC center must have a medical director who is a physician licensed in Minnesota
and certified by the American Board of Pediatrics.
new text end

Sec. 11.

new text begin [144H.11] NURSING SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Nursing director. new text end

new text begin A PPEC center must have a nursing director who is
a registered nurse licensed in Minnesota, holds a current certification in cardiopulmonary
resuscitation, and has at least four years of general pediatric nursing experience, at least
one year of which must have been spent caring for medically fragile infants or children in
a pediatric intensive care, neonatal intensive care, PPEC center, or home care setting during
the previous five years. The nursing director is responsible for the daily operation of the
PPEC center.
new text end

new text begin Subd. 2. new text end

new text begin Registered nurses. new text end

new text begin A registered nurse employed by a PPEC center must be a
registered nurse licensed in Minnesota, hold a current certification in cardiopulmonary
resuscitation, and have experience in the previous 24 months in being responsible for the
care of acutely ill or chronically ill children.
new text end

new text begin Subd. 3. new text end

new text begin Licensed practical nurses. new text end

new text begin A licensed practical nurse employed by a PPEC
center must be supervised by a registered nurse and must be a licensed practical nurse
licensed in Minnesota, have at least two years of experience in pediatrics, and hold a current
certification in cardiopulmonary resuscitation.
new text end

new text begin Subd. 4. new text end

new text begin Other direct care personnel. new text end

new text begin (a) Direct care personnel governed by this
subdivision include nursing assistants and individuals with training and experience in the
field of education, social services, or child care.
new text end

new text begin (b) All direct care personnel employed by a PPEC center must work under the supervision
of a registered nurse and are responsible for providing direct care to children at the center.
Direct care personnel must have extensive, documented education and skills training in
providing care to infants and toddlers, provide employment references documenting skill
in the care of infants and children, and hold a current certification in cardiopulmonary
resuscitation.
new text end

Sec. 12.

new text begin [144H.12] TOTAL STAFFING FOR NURSING SERVICES AND DIRECT
CARE PERSONNEL.
new text end

new text begin A PPEC center must provide total staffing for nursing services and direct care personnel
at a ratio of one staff person for every three children at the center. The staffing ratio required
in this section is the minimum staffing permitted.
new text end

Sec. 13.

new text begin [144H.13] MEDICAL RECORD; PROTOCOL OF CARE.
new text end

new text begin A medical record and an individualized nursing protocol of care must be developed for
each child admitted to a PPEC center, must be maintained for each child, and must be signed
by authorized personnel.
new text end

Sec. 14.

new text begin [144H.14] QUALITY ASSURANCE PROGRAM.
new text end

new text begin A PPEC center must have a quality assurance program, in which quarterly reviews are
conducted of the PPEC center's medical records and protocols of care for at least half of
the children served by the PPEC center. The quarterly review sample must be randomly
selected so each child at the center has an equal opportunity to be included in the review.
The committee conducting quality assurance reviews must include the medical director,
administrator, nursing director, and three other committee members determined by the PPEC
center.
new text end

Sec. 15.

new text begin [144H.15] INSPECTIONS.
new text end

new text begin (a) The commissioner may inspect a PPEC center, including records held at the center,
at reasonable times as necessary to ensure compliance with this chapter and the rules that
apply to PPEC centers. During an inspection, a center must provide the commissioner with
access to all center records.
new text end

new text begin (b) The commissioner must inspect a PPEC center before issuing or renewing a license
under this chapter.
new text end

Sec. 16.

new text begin [144H.16] COMPLIANCE WITH OTHER LAWS.
new text end

new text begin Subdivision 1. new text end

new text begin Reporting of maltreatment of minors. new text end

new text begin A PPEC center must develop
policies and procedures for reporting suspected child maltreatment that fulfill the
requirements of section 626.556. The policies and procedures must include the telephone
numbers of the local county child protection agency for reporting suspected maltreatment.
The policies and procedures specified in this subdivision must be provided to the parents
or guardians of all children at the time of admission to the PPEC center and must be available
upon request.
new text end

new text begin Subd. 2. new text end

new text begin Crib safety requirements. new text end

new text begin A PPEC center must comply with the crib safety
requirements in section 245A.146, to the extent they are applicable.
new text end

Sec. 17.

new text begin [144H.17] DENIAL, SUSPENSION, REVOCATION, REFUSAL TO RENEW
A LICENSE.
new text end

new text begin (a) The commissioner may deny, suspend, revoke, or refuse to renew a license issued
under this chapter for:
new text end

new text begin (1) a violation of this chapter or rules adopted that apply to PPEC centers; or
new text end

new text begin (2) an intentional or negligent act by an employee or contractor at the center that
materially affects the health or safety of children at the PPEC center.
new text end

new text begin (b) Prior to any suspension, revocation, or refusal to renew a license, a licensee shall be
entitled to a hearing and review as provided in sections 14.57 to 14.69.
new text end

Sec. 18.

new text begin [144H.18] FINES; CORRECTIVE ACTION PLANS.
new text end

new text begin Subdivision 1. new text end

new text begin Corrective action plans. new text end

new text begin If the commissioner determines that a PPEC
center is not in compliance with this chapter or rules that apply to PPEC centers, the
commissioner may require the center to submit a corrective action plan that demonstrates
a good-faith effort to remedy each violation by a specific date, subject to approval by the
commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Fines. new text end

new text begin The commissioner may issue a fine to a PPEC center, employee, or
contractor if the commissioner determines the center, employee, or contractor violated this
chapter or rules that apply to PPEC centers. The fine amount shall not exceed an amount
for each violation and an aggregate amount established by the commissioner. The failure
to correct a violation by the date set by the commissioner, or a failure to comply with an
approved corrective action plan, constitutes a separate violation for each day the failure
continues, unless the commissioner approves an extension to a specific date. In determining
if a fine is to be imposed and establishing the amount of the fine, the commissioner shall
consider:
new text end

new text begin (1) the gravity of the violation, including the probability that death or serious physical
or emotional harm to a child will result or has resulted, the severity of the actual or potential
harm, and the extent to which the applicable laws were violated;
new text end

new text begin (2) actions taken by the owner or administrator to correct violations;
new text end

new text begin (3) any previous violations; and
new text end

new text begin (4) the financial benefit to the PPEC center of committing or continuing the violation.
new text end

Sec. 19.

new text begin [144H.19] CLOSING A PPEC CENTER.
new text end

new text begin When a PPEC center voluntarily closes, it must, at least 30 days before closure, inform
each child's parents or guardians of the closure and when the closure will occur.
new text end

Sec. 20.

Minnesota Statutes 2016, section 626.556, subdivision 2, is amended to read:


Subd. 2.

Definitions.

As used in this section, the following terms have the meanings
given them unless the specific content indicates otherwise:

(a) "Accidental" means a sudden, not reasonably foreseeable, and unexpected occurrence
or event which:

(1) is not likely to occur and could not have been prevented by exercise of due care; and

(2) if occurring while a child is receiving services from a facility, happens when the
facility and the employee or person providing services in the facility are in compliance with
the laws and rules relevant to the occurrence or event.

(b) "Commissioner" means the commissioner of human services.

(c) "Facility" means:

(1) a licensed or unlicensed day care facility, residential facility, agency, hospital,
sanitarium, or other facility or institution required to be licensed under sections 144.50 to
144.58, 241.021, or 245A.01 to 245A.16, or chapter new text begin144H or new text end245D;

(2) a school as defined in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E;
or

(3) a nonlicensed personal care provider organization as defined in section 256B.0625,
subdivision 19a
.

(d) "Family assessment" means a comprehensive assessment of child safety, risk of
subsequent child maltreatment, and family strengths and needs that is applied to a child
maltreatment report that does not allege sexual abuse or substantial child endangerment.
Family assessment does not include a determination as to whether child maltreatment
occurred but does determine the need for services to address the safety of family members
and the risk of subsequent maltreatment.

(e) "Investigation" means fact gathering related to the current safety of a child and the
risk of subsequent maltreatment that determines whether child maltreatment occurred and
whether child protective services are needed. An investigation must be used when reports
involve sexual abuse or substantial child endangerment, and for reports of maltreatment in
facilities required to be licensed under chapter 245A or 245D; under sections 144.50 to
144.58 and 241.021; in a school as defined in section 120A.05, subdivisions 9, 11, and 13,
and chapter 124E; or in a nonlicensed personal care provider association as defined in section
256B.0625, subdivision 19a.

(f) "Mental injury" means an injury to the psychological capacity or emotional stability
of a child as evidenced by an observable or substantial impairment in the child's ability to
function within a normal range of performance and behavior with due regard to the child's
culture.

(g) "Neglect" means the commission or omission of any of the acts specified under
clauses (1) to (9), other than by accidental means:

(1) failure by a person responsible for a child's care to supply a child with necessary
food, clothing, shelter, health, medical, or other care required for the child's physical or
mental health when reasonably able to do so;

(2) failure to protect a child from conditions or actions that seriously endanger the child's
physical or mental health when reasonably able to do so, including a growth delay, which
may be referred to as a failure to thrive, that has been diagnosed by a physician and is due
to parental neglect;

(3) failure to provide for necessary supervision or child care arrangements appropriate
for a child after considering factors as the child's age, mental ability, physical condition,
length of absence, or environment, when the child is unable to care for the child's own basic
needs or safety, or the basic needs or safety of another child in their care;

(4) failure to ensure that the child is educated as defined in sections 120A.22 and
260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's
child with sympathomimetic medications, consistent with section 125A.091, subdivision
5
;

(5) nothing in this section shall be construed to mean that a child is neglected solely
because the child's parent, guardian, or other person responsible for the child's care in good
faith selects and depends upon spiritual means or prayer for treatment or care of disease or
remedial care of the child in lieu of medical care; except that a parent, guardian, or caretaker,
or a person mandated to report pursuant to subdivision 3, has a duty to report if a lack of
medical care may cause serious danger to the child's health. This section does not impose
upon persons, not otherwise legally responsible for providing a child with necessary food,
clothing, shelter, education, or medical care, a duty to provide that care;

(6) prenatal exposure to a controlled substance, as defined in section 253B.02, subdivision
2, used by the mother for a nonmedical purpose, as evidenced by withdrawal symptoms in
the child at birth, results of a toxicology test performed on the mother at delivery or the
child at birth, medical effects or developmental delays during the child's first year of life
that medically indicate prenatal exposure to a controlled substance, or the presence of a
fetal alcohol spectrum disorder;

(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);

(8) chronic and severe use of alcohol or a controlled substance by a parent or person
responsible for the care of the child that adversely affects the child's basic needs and safety;
or

(9) emotional harm from a pattern of behavior which contributes to impaired emotional
functioning of the child which may be demonstrated by a substantial and observable effect
in the child's behavior, emotional response, or cognition that is not within the normal range
for the child's age and stage of development, with due regard to the child's culture.

(h) "Nonmaltreatment mistake" means:

(1) at the time of the incident, the individual was performing duties identified in the
center's child care program plan required under Minnesota Rules, part 9503.0045;

(2) the individual has not been determined responsible for a similar incident that resulted
in a finding of maltreatment for at least seven years;

(3) the individual has not been determined to have committed a similar nonmaltreatment
mistake under this paragraph for at least four years;

(4) any injury to a child resulting from the incident, if treated, is treated only with
remedies that are available over the counter, whether ordered by a medical professional or
not; and

(5) except for the period when the incident occurred, the facility and the individual
providing services were both in compliance with all licensing requirements relevant to the
incident.

This definition only applies to child care centers licensed under Minnesota Rules, chapter
9503. If clauses (1) to (5) apply, rather than making a determination of substantiated
maltreatment by the individual, the commissioner of human services shall determine that a
nonmaltreatment mistake was made by the individual.

(i) "Operator" means an operator or agency as defined in section 245A.02.

(j) "Person responsible for the child's care" means (1) an individual functioning within
the family unit and having responsibilities for the care of the child such as a parent, guardian,
or other person having similar care responsibilities, or (2) an individual functioning outside
the family unit and having responsibilities for the care of the child such as a teacher, school
administrator, other school employees or agents, or other lawful custodian of a child having
either full-time or short-term care responsibilities including, but not limited to, day care,
babysitting whether paid or unpaid, counseling, teaching, and coaching.

(k) "Physical abuse" means any physical injury, mental injury, or threatened injury,
inflicted by a person responsible for the child's care on a child other than by accidental
means, or any physical or mental injury that cannot reasonably be explained by the child's
history of injuries, or any aversive or deprivation procedures, or regulated interventions,
that have not been authorized under section 125A.0942 or 245.825.

Abuse does not include reasonable and moderate physical discipline of a child
administered by a parent or legal guardian which does not result in an injury. Abuse does
not include the use of reasonable force by a teacher, principal, or school employee as allowed
by section 121A.582. Actions which are not reasonable and moderate include, but are not
limited to, any of the following:

(1) throwing, kicking, burning, biting, or cutting a child;

(2) striking a child with a closed fist;

(3) shaking a child under age three;

(4) striking or other actions which result in any nonaccidental injury to a child under 18
months of age;

(5) unreasonable interference with a child's breathing;

(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;

(7) striking a child under age one on the face or head;

(8) striking a child who is at least age one but under age four on the face or head, which
results in an injury;

(9) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled
substances which were not prescribed for the child by a practitioner, in order to control or
punish the child; or other substances that substantially affect the child's behavior, motor
coordination, or judgment or that results in sickness or internal injury, or subjects the child
to medical procedures that would be unnecessary if the child were not exposed to the
substances;

(10) unreasonable physical confinement or restraint not permitted under section 609.379,
including but not limited to tying, caging, or chaining; or

(11) in a school facility or school zone, an act by a person responsible for the child's
care that is a violation under section 121A.58.

(l) "Practice of social services," for the purposes of subdivision 3, includes but is not
limited to employee assistance counseling and the provision of guardian ad litem and
parenting time expeditor services.

(m) "Report" means any communication received by the local welfare agency, police
department, county sheriff, or agency responsible for child protection pursuant to this section
that describes neglect or physical or sexual abuse of a child and contains sufficient content
to identify the child and any person believed to be responsible for the neglect or abuse, if
known.

(n) "Sexual abuse" means the subjection of a child by a person responsible for the child's
care, by a person who has a significant relationship to the child, as defined in section 609.341,
or by a person in a position of authority, as defined in section 609.341, subdivision 10, to
any act which constitutes a violation of section 609.342 (criminal sexual conduct in the first
degree), 609.343 (criminal sexual conduct in the second degree), 609.344 (criminal sexual
conduct in the third degree), 609.345 (criminal sexual conduct in the fourth degree), or
609.3451 (criminal sexual conduct in the fifth degree). Sexual abuse also includes any act
which involves a minor which constitutes a violation of prostitution offenses under sections
609.321 to 609.324 or 617.246. Effective May 29, 2017, sexual abuse includes all reports
of known or suspected child sex trafficking involving a child who is identified as a victim
of sex trafficking. Sexual abuse includes child sex trafficking as defined in section 609.321,
subdivisions 7a
and 7b. Sexual abuse includes threatened sexual abuse which includes the
status of a parent or household member who has committed a violation which requires
registration as an offender under section 243.166, subdivision 1b, paragraph (a) or (b), or
required registration under section 243.166, subdivision 1b, paragraph (a) or (b).

(o) "Substantial child endangerment" means a person responsible for a child's care, by
act or omission, commits or attempts to commit an act against a child under their care that
constitutes any of the following:

(1) egregious harm as defined in section 260C.007, subdivision 14;

(2) abandonment under section 260C.301, subdivision 2;

(3) neglect as defined in paragraph (g), clause (2), that substantially endangers the child's
physical or mental health, including a growth delay, which may be referred to as failure to
thrive, that has been diagnosed by a physician and is due to parental neglect;

(4) murder in the first, second, or third degree under section 609.185, 609.19, or 609.195;

(5) manslaughter in the first or second degree under section 609.20 or 609.205;

(6) assault in the first, second, or third degree under section 609.221, 609.222, or 609.223;

(7) solicitation, inducement, and promotion of prostitution under section 609.322;

(8) criminal sexual conduct under sections 609.342 to 609.3451;

(9) solicitation of children to engage in sexual conduct under section 609.352;

(10) malicious punishment or neglect or endangerment of a child under section 609.377
or 609.378;

(11) use of a minor in sexual performance under section 617.246; or

(12) parental behavior, status, or condition which mandates that the county attorney file
a termination of parental rights petition under section 260C.503, subdivision 2.

(p) "Threatened injury" means a statement, overt act, condition, or status that represents
a substantial risk of physical or sexual abuse or mental injury. Threatened injury includes,
but is not limited to, exposing a child to a person responsible for the child's care, as defined
in paragraph (j), clause (1), who has:

(1) subjected a child to, or failed to protect a child from, an overt act or condition that
constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a similar law
of another jurisdiction;

(2) been found to be palpably unfit under section 260C.301, subdivision 1, paragraph
(b), clause (4), or a similar law of another jurisdiction;

(3) committed an act that has resulted in an involuntary termination of parental rights
under section 260C.301, or a similar law of another jurisdiction; or

(4) committed an act that has resulted in the involuntary transfer of permanent legal and
physical custody of a child to a relative under Minnesota Statutes 2010, section 260C.201,
subdivision 11
, paragraph (d), clause (1), section 260C.515, subdivision 4, or a similar law
of another jurisdiction.

A child is the subject of a report of threatened injury when the responsible social services
agency receives birth match data under paragraph (q) from the Department of Human
Services.

(q) Upon receiving data under section 144.225, subdivision 2b, contained in a birth
record or recognition of parentage identifying a child who is subject to threatened injury
under paragraph (p), the Department of Human Services shall send the data to the responsible
social services agency. The data is known as "birth match" data. Unless the responsible
social services agency has already begun an investigation or assessment of the report due
to the birth of the child or execution of the recognition of parentage and the parent's previous
history with child protection, the agency shall accept the birth match data as a report under
this section. The agency may use either a family assessment or investigation to determine
whether the child is safe. All of the provisions of this section apply. If the child is determined
to be safe, the agency shall consult with the county attorney to determine the appropriateness
of filing a petition alleging the child is in need of protection or services under section
260C.007, subdivision 6, clause (16), in order to deliver needed services. If the child is
determined not to be safe, the agency and the county attorney shall take appropriate action
as required under section 260C.503, subdivision 2.

(r) Persons who conduct assessments or investigations under this section shall take into
account accepted child-rearing practices of the culture in which a child participates and
accepted teacher discipline practices, which are not injurious to the child's health, welfare,
and safety.

Sec. 21.

Minnesota Statutes 2016, section 626.556, subdivision 3, is amended to read:


Subd. 3.

Persons mandated to report; persons voluntarily reporting.

(a) A person
who knows or has reason to believe a child is being neglected or physically or sexually
abused, as defined in subdivision 2, or has been neglected or physically or sexually abused
within the preceding three years, shall immediately report the information to the local welfare
agency, agency responsible for assessing or investigating the report, police department,
county sheriff, tribal social services agency, or tribal police department if the person is:

(1) a professional or professional's delegate who is engaged in the practice of the healing
arts, social services, hospital administration, psychological or psychiatric treatment, child
care, education, correctional supervision, probation and correctional services, or law
enforcement; or

(2) employed as a member of the clergy and received the information while engaged in
ministerial duties, provided that a member of the clergy is not required by this subdivision
to report information that is otherwise privileged under section 595.02, subdivision 1,
paragraph (c).

(b) Any person may voluntarily report to the local welfare agency, agency responsible
for assessing or investigating the report, police department, county sheriff, tribal social
services agency, or tribal police department if the person knows, has reason to believe, or
suspects a child is being or has been neglected or subjected to physical or sexual abuse.

(c) A person mandated to report physical or sexual child abuse or neglect occurring
within a licensed facility shall report the information to the agency responsible for licensing
the facility under sections 144.50 to 144.58; 241.021; 245A.01 to 245A.16; or chapter new text begin144H
or
new text end245D; or a nonlicensed personal care provider organization as defined in section
256B.0625, subdivision deleted text begin19deleted text endnew text begin 19anew text end. A health or corrections agency receiving a report may
request the local welfare agency to provide assistance pursuant to subdivisions 10, 10a, and
10b. A board or other entity whose licensees perform work within a school facility, upon
receiving a complaint of alleged maltreatment, shall provide information about the
circumstances of the alleged maltreatment to the commissioner of education. Section 13.03,
subdivision 4
, applies to data received by the commissioner of education from a licensing
entity.

(d) Notification requirements under subdivision 10 apply to all reports received under
this section.

(e) For purposes of this section, "immediately" means as soon as possible but in no event
longer than 24 hours.

Sec. 22.

Minnesota Statutes 2016, section 626.556, subdivision 3c, is amended to read:


Subd. 3c.

Local welfare agency, Department of Human Services or Department of
Health responsible for assessing or investigating reports of maltreatment.

(a) The county
local welfare agency is the agency responsible for assessing or investigating allegations of
maltreatment in child foster care, family child care, legally unlicensed child care, juvenile
correctional facilities licensed under section 241.021 located in the local welfare agency's
county, and reports involving children served by an unlicensed personal care provider
organization under section 256B.0659. Copies of findings related to personal care provider
organizations under section 256B.0659 must be forwarded to the Department of Human
Services provider enrollment.

(b) The Department of Human Services is the agency responsible for assessing or
investigating allegations of maltreatment in facilities licensed under chapters 245A and
245D, except for child foster care and family child care.

(c) The Department of Health is the agency responsible for assessing or investigating
allegations of child maltreatment in facilities licensed under sections 144.50 to 144.58 and
144A.43 to 144A.482new text begin or chapter 144Hnew text end.

Sec. 23.

Minnesota Statutes 2016, section 626.556, subdivision 10d, is amended to read:


Subd. 10d.

Notification of neglect or abuse in facility.

(a) When a report is received
that alleges neglect, physical abuse, sexual abuse, or maltreatment of a child while in the
care of a licensed or unlicensed day care facility, residential facility, agency, hospital,
sanitarium, or other facility or institution required to be licensed according to sections 144.50
to 144.58; 241.021; or 245A.01 to 245A.16; or chapter new text begin144H or new text end245D, or a school as defined
in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E; or a nonlicensed personal
care provider organization as defined in section 256B.0625, subdivision 19a, the
commissioner of the agency responsible for assessing or investigating the report or local
welfare agency investigating the report shall provide the following information to the parent,
guardian, or legal custodian of a child alleged to have been neglected, physically abused,
sexually abused, or the victim of maltreatment of a child in the facility: the name of the
facility; the fact that a report alleging neglect, physical abuse, sexual abuse, or maltreatment
of a child in the facility has been received; the nature of the alleged neglect, physical abuse,
sexual abuse, or maltreatment of a child in the facility; that the agency is conducting an
assessment or investigation; any protective or corrective measures being taken pending the
outcome of the investigation; and that a written memorandum will be provided when the
investigation is completed.

(b) The commissioner of the agency responsible for assessing or investigating the report
or local welfare agency may also provide the information in paragraph (a) to the parent,
guardian, or legal custodian of any other child in the facility if the investigative agency
knows or has reason to believe the alleged neglect, physical abuse, sexual abuse, or
maltreatment of a child in the facility has occurred. In determining whether to exercise this
authority, the commissioner of the agency responsible for assessing or investigating the
report or local welfare agency shall consider the seriousness of the alleged neglect, physical
abuse, sexual abuse, or maltreatment of a child in the facility; the number of children
allegedly neglected, physically abused, sexually abused, or victims of maltreatment of a
child in the facility; the number of alleged perpetrators; and the length of the investigation.
The facility shall be notified whenever this discretion is exercised.

(c) When the commissioner of the agency responsible for assessing or investigating the
report or local welfare agency has completed its investigation, every parent, guardian, or
legal custodian previously notified of the investigation by the commissioner or local welfare
agency shall be provided with the following information in a written memorandum: the
name of the facility investigated; the nature of the alleged neglect, physical abuse, sexual
abuse, or maltreatment of a child in the facility; the investigator's name; a summary of the
investigation findings; a statement whether maltreatment was found; and the protective or
corrective measures that are being or will be taken. The memorandum shall be written in a
manner that protects the identity of the reporter and the child and shall not contain the name,
or to the extent possible, reveal the identity of the alleged perpetrator or of those interviewed
during the investigation. If maltreatment is determined to exist, the commissioner or local
welfare agency shall also provide the written memorandum to the parent, guardian, or legal
custodian of each child in the facility who had contact with the individual responsible for
the maltreatment. When the facility is the responsible party for maltreatment, the
commissioner or local welfare agency shall also provide the written memorandum to the
parent, guardian, or legal custodian of each child who received services in the population
of the facility where the maltreatment occurred. This notification must be provided to the
parent, guardian, or legal custodian of each child receiving services from the time the
maltreatment occurred until either the individual responsible for maltreatment is no longer
in contact with a child or children in the facility or the conclusion of the investigation. In
the case of maltreatment within a school facility, as defined in section 120A.05, subdivisions
9, 11, and 13
, and chapter 124E, the commissioner of education need not provide notification
to parents, guardians, or legal custodians of each child in the facility, but shall, within ten
days after the investigation is completed, provide written notification to the parent, guardian,
or legal custodian of any student alleged to have been maltreated. The commissioner of
education may notify the parent, guardian, or legal custodian of any student involved as a
witness to alleged maltreatment.