Engrossments
Introduction		Posted on 02/27/2019
1st Engrossment		Posted on 03/04/2020

ARTICLE 1

REORGANIZATION

Section 1.

new text begin [260E.01] POLICY.
new text end

new text begin (a) The legislature hereby declares that the public policy of this state is to protect children
whose health or welfare may be jeopardized through maltreatment. While it is recognized
that most parents want to keep their children safe, sometimes circumstances or conditions
interfere with their ability to do so. When this occurs, the health and safety of the children
must be of paramount concern. Intervention and prevention efforts must address immediate
concerns for child safety and the ongoing risk of maltreatment and should engage the
protective capacities of families. In furtherance of this public policy, it is the intent of the
legislature under this chapter to:
new text end

new text begin (1) protect children and promote child safety;
new text end

new text begin (2) strengthen the family;
new text end

new text begin (3) make the home, school, and community safe for children by promoting responsible
child care in all settings; and
new text end

new text begin (4) provide, when necessary, a safe temporary or permanent home environment for
maltreated children.
new text end

new text begin (b) In addition, it is the policy of this state to:
new text end

new text begin (1) require the reporting of maltreatment of children in the home, school, and community
settings;
new text end

new text begin (2) provide for the voluntary reporting of maltreatment of children;
new text end

new text begin (3) require an investigation when the report alleges sexual abuse or substantial child
endangerment;
new text end

new text begin (4) provide a family assessment, if appropriate, when the report does not allege sexual
abuse or substantial child endangerment; and
new text end

new text begin (5) provide protective, family support, and family preservation services when needed
in appropriate cases.
new text end

Sec. 2.

new text begin [260E.02] MULTIDISCIPLINARY CHILD PROTECTION TEAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment of team. new text end

new text begin A county shall establish a multidisciplinary
child protection team that may include, but not be limited to, the director of the local welfare
agency or designees, the county attorney or designees, the county sheriff or designees,
representatives of health and education, representatives of mental health or other appropriate
human service or community-based agencies, and parent groups. As used in this section, a
"community-based agency" may include, but is not limited to, schools, social service
agencies, family service and mental health collaboratives, children's advocacy centers, early
childhood and family education programs, Head Start, or other agencies serving children
and families. A member of the team must be designated as the lead person of the team
responsible for the planning process to develop standards for the team's activities with
battered women's and domestic abuse programs and services.
new text end

new text begin Subd. 2. new text end

new text begin Duties of team. new text end

new text begin A multidisciplinary child protection team may provide public
and professional education, develop resources for prevention, intervention, and treatment,
and provide case consultation to the local welfare agency or other interested community-based
agencies. The community-based agencies may request case consultation from the
multidisciplinary child protection team regarding a child or family for whom the
community-based agency is providing services. As used in this section, "case consultation"
means a case review process in which recommendations are made concerning services to
be provided to the identified children and family. Case consultation may be performed by
a committee or subcommittee of members representing human services, including mental
health and chemical dependency; law enforcement, including probation and parole; the
county attorney; a children's advocacy center; health care; education; community-based
agencies and other necessary agencies; and persons directly involved in an individual case
as designated by other members performing case consultation.
new text end

new text begin Subd. 3. new text end

new text begin Sexually exploited youth outreach program. new text end

new text begin A multidisciplinary child
protection team may assist the local welfare agency, local law enforcement agency, or an
appropriate private organization in developing a program of outreach services for sexually
exploited youth, including homeless, runaway, and truant youth who are at risk of sexual
exploitation. For the purposes of this subdivision, at least one representative of a youth
intervention program or, where this type of program is unavailable, one representative of a
nonprofit agency serving youth in crisis shall be appointed to and serve on the
multidisciplinary child protection team in addition to the standing members of the team.
These services may include counseling, medical care, short-term shelter, alternative living
arrangements, and drop-in centers. A juvenile's receipt of intervention services under this
subdivision may not be conditioned upon the juvenile providing any evidence or testimony.
new text end

new text begin Subd. 4. new text end

new text begin Information sharing. new text end

new text begin (a) The local welfare agency may make available to the
case consultation committee or subcommittee all records collected and maintained by the
agency under this chapter and in connection with case consultation. A case consultation
committee or subcommittee member may share information acquired in the member's
professional capacity with the committee or subcommittee to assist in case consultation.
new text end

new text begin (b) Case consultation committee or subcommittee members must annually sign a data
sharing agreement, approved by the commissioner of human services, assuring compliance
with chapter 13. Not public data, as defined in section 13.02, subdivision 8a, may be shared
with members appointed to the committee or subcommittee in connection with an individual
case when the members have signed the data sharing agreement.
new text end

new text begin (c) All data acquired by the case consultation committee or subcommittee in exercising
case consultation duties are confidential as defined in section 13.02, subdivision 3, and shall
not be disclosed except to the extent necessary to perform case consultation, and shall not
be subject to subpoena or discovery.
new text end

new text begin (d) No members of a case consultation committee or subcommittee meeting shall disclose
what transpired at a case consultation meeting, except to the extent necessary to carry out
the case consultation plan. The proceedings and records of the case consultation meeting
are not subject to discovery, and may not be introduced into evidence in any civil or criminal
action against a professional or local welfare agency arising out of the matter or matters
which are the subject of consideration of the case consultation meeting. Information,
documents, or records otherwise available from original sources are not immune from
discovery or use in any civil or criminal action merely because they were presented during
a case consultation meeting. Any person who presented information before the consultation
committee or subcommittee or who is a member shall not be prevented from testifying as
to matters within the person's knowledge. However, in a civil or criminal proceeding a
person shall not be questioned about the person's presentation of information before the
case consultation committee or subcommittee or about opinions formed as a result of the
case consultation meetings.
new text end

new text begin (e) A person who violates this subdivision is subject to the civil remedies and penalties
provided under chapter 13.
new text end

new text begin Subd. 5. new text end

new text begin Children's advocacy center; definition. new text end

new text begin (a) For purposes of this section,
"children's advocacy center" means an organization using a multidisciplinary team approach
whose primary purpose is to provide children who have been the victims of abuse and their
nonoffending family members with:
new text end

new text begin (1) support and advocacy;
new text end

new text begin (2) specialized medical evaluation;
new text end

new text begin (3) trauma-focused mental health services; and
new text end

new text begin (4) forensic interviews.
new text end

new text begin (b) Children's advocacy centers provide multidisciplinary case review and the tracking
and monitoring of case progress.
new text end

Sec. 3.

new text begin [260E.03] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin As used in this chapter, the following terms have the meanings
given them unless the specific content indicates otherwise.
new text end

new text begin Subd. 2. new text end

new text begin Accidental. new text end

new text begin "Accidental" means a sudden, not reasonably foreseeable, and
unexpected occurrence or event that:
new text end

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

new text begin (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.
new text end

new text begin Subd. 3. new text end

new text begin Child fatality. new text end

new text begin "Child fatality" means the death of a child from maltreatment.
new text end

new text begin Subd. 4. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of human services
unless otherwise indicated in this chapter.
new text end

new text begin Subd. 5. new text end

new text begin Egregious harm. new text end

new text begin "Egregious harm" means harm under section 260C.007,
subdivision 14, or a similar law of another jurisdiction.
new text end

new text begin Subd. 6. new text end

new text begin Facility. new text end

new text begin "Facility" means:
new text end

new text begin (1) a licensed or unlicensed day care facility, certified license-exempt child care center,
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
144H, 245D, or 245H;
new text end

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

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

new text begin Subd. 7. new text end

new text begin Family assessment. new text end

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

new text begin Subd. 8. new text end

new text begin Findings and information. new text end

new text begin "Findings and information" means a written
summary described in section 260E.35, subdivision 7, paragraph (b), of actions taken or
services rendered by a local welfare agency following receipt of a report.
new text end

new text begin Subd. 9. new text end

new text begin Immediately. new text end

new text begin "Immediately" means as soon as possible but in no event longer
than 24 hours.
new text end

new text begin Subd. 10. new text end

new text begin Interested person acting on behalf of the child. new text end

new text begin "Interested person acting
on behalf of the child" means a parent or legal guardian; stepparent; grandparent; guardian
ad litem; adult stepbrother, stepsister, or sibling; or adult aunt or uncle; unless the person
has been determined to be the offender who committed the maltreatment.
new text end

new text begin Subd. 11. new text end

new text begin Investigation. new text end

new text begin "Investigation" means fact gathering conducted during:
new text end

new text begin (1) a family investigation related to the current safety of a child and the risk of subsequent
maltreatment that determines whether maltreatment occurred and whether child protective
services are needed; or
new text end

new text begin (2) a facility investigation related to duties under section 260E.28.
new text end

new text begin Subd. 12. new text end

new text begin Maltreatment. new text end

new text begin "Maltreatment" means any of the following acts or omissions:
new text end

new text begin (1) egregious harm under subdivision 5;
new text end

new text begin (2) neglect under subdivision 15;
new text end

new text begin (3) physical abuse under subdivision 18;
new text end

new text begin (4) sexual abuse under subdivision 20;
new text end

new text begin (5) substantial child endangerment under subdivision 22;
new text end

new text begin (6) threatened injury under subdivision 23;
new text end

new text begin (7) mental injury under subdivision 13; and
new text end

new text begin (8) maltreatment of a child in a facility.
new text end

new text begin Subd. 13. new text end

new text begin Mental injury. new text end

new text begin "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.
new text end

new text begin Subd. 14. new text end

new text begin Near fatality. new text end

new text begin "Near fatality" means a case in which a physician, advanced
practice registered nurse, or physician assistant determines that a child is in serious or critical
condition as the result of sickness or injury caused by maltreatment.
new text end

new text begin Subd. 15. new text end

new text begin Neglect. new text end

new text begin (a) "Neglect" means the commission or omission of any of the acts
specified under clauses (1) to (8), other than by accidental means:
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (5) 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;
new text end

new text begin (6) medical neglect, as defined in section 260C.007, subdivision 6, clause (5);
new text end

new text begin (7) chronic and severe use of alcohol or a controlled substance by a person responsible
for the child's care that adversely affects the child's basic needs and safety; or
new text end

new text begin (8) emotional harm from a pattern of behavior that 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.
new text end

new text begin (b) Nothing in this chapter 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.
new text end

new text begin (c) This chapter 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.
new text end

new text begin Subd. 16. new text end

new text begin Person in a current or recent position of authority. new text end

new text begin "Person in a current or
recent position of authority" means an individual in a position of authority over a child and
includes but is not limited to any person who is a parent or acting in the place of a parent
and charged with any of a parent's rights, duties, or responsibilities to a child, or a person
who is charged with any duty or responsibility for the health, welfare, or supervision of a
child, either independently or through another, no matter how brief, within 120 days
immediately preceding the act. Person in a position of authority includes a psychotherapist.
new text end

new text begin Subd. 17. new text end

new text begin Person responsible for the child's care. new text end

new text begin "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
employee or agent, 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.
new text end

new text begin Subd. 18. new text end

new text begin Physical abuse. new text end

new text begin (a) "Physical abuse" means any physical injury, mental injury
under subdivision 14, or threatened injury under subdivision 23, 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.
new text end

new text begin (b) Abuse does not include reasonable and moderate physical discipline of a child
administered by a parent or legal guardian that 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.
new text end

new text begin (c) For the purposes of this subdivision, actions that are not reasonable and moderate
include, but are not limited to, any of the following:
new text end

new text begin (1) throwing, kicking, burning, biting, or cutting a child;
new text end

new text begin (2) striking a child with a closed fist;
new text end

new text begin (3) shaking a child under age three;
new text end

new text begin (4) striking or other actions that result in any nonaccidental injury to a child under 18
months of age;
new text end

new text begin (5) unreasonable interference with a child's breathing;
new text end

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

new text begin (7) striking a child under age one on the face or head;
new text end

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

new text begin (9) purposely giving a child:
new text end

new text begin (i) poison, alcohol, or dangerous, harmful, or controlled substances that were not
prescribed for the child by a practitioner in order to control or punish the child; or
new text end

new text begin (ii) other substances that substantially affect the child's behavior, motor coordination,
or judgment; that result in sickness or internal injury; or that subject the child to medical
procedures that would be unnecessary if the child were not exposed to the substances;
new text end

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

new text begin (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.
new text end

new text begin Subd. 19. new text end

new text begin Report. new text end

new text begin "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 maltreatment of a child and contains sufficient content to
identify the child and any person believed to be responsible for the maltreatment, if known.
new text end

new text begin Subd. 20. new text end

new text begin Sexual abuse. new text end

new text begin "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,
or by a person in a current or recent position of authority, to any act that 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), 609.3451 (criminal sexual conduct
in the fifth degree), or 609.352 (solicitation of children to engage in sexual conduct;
communication of sexually explicit materials to children). Sexual abuse also includes any
act involving a child that constitutes a violation of prostitution offenses under sections
609.321 to 609.324 or 617.246. 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 that 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).
new text end

new text begin Subd. 21. new text end

new text begin Significant relationship. new text end

new text begin "Significant relationship" means a situation in which
the alleged offender is:
new text end

new text begin (1) the child's parent, stepparent, or guardian;
new text end

new text begin (2) any of the following persons related to the child by blood, marriage, or adoption:
brother, sister, stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece, grandparent,
great-grandparent, great-uncle, great-aunt; or
new text end

new text begin (3) an adult who jointly resides intermittently or regularly in the same dwelling as the
child and who is not the child's spouse.
new text end

new text begin Subd. 22. new text end

new text begin Substantial child endangerment. new text end

new text begin "Substantial child endangerment" means
that 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:
new text end

new text begin (1) egregious harm under subdivision 5;
new text end

new text begin (2) abandonment under section 260C.301, subdivision 2;
new text end

new text begin (3) neglect under subdivision 15, paragraph (a), 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;
new text end

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

new text begin (5) manslaughter in the first or second degree under section 609.20 or 609.205;
new text end

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

new text begin (7) solicitation, inducement, and promotion of prostitution under section 609.322;
new text end

new text begin (8) criminal sexual conduct under sections 609.342 to 609.3451;
new text end

new text begin (9) solicitation of children to engage in sexual conduct under section 609.352;
new text end

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

new text begin (11) use of a minor in sexual performance under section 617.246; or
new text end

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

new text begin Subd. 23. new text end

new text begin Threatened injury. new text end

new text begin (a) "Threatened injury" means a statement, overt act,
condition, or status that represents a substantial risk of physical or sexual abuse or mental
injury.
new text end

new text begin (b) Threatened injury includes, but is not limited to, exposing a child to a person
responsible for the child's care, as defined in subdivision 17, who has:
new text end

new text begin (1) subjected a child to, or failed to protect a child from, an overt act or condition that
constitutes egregious harm under subdivision 5 or a similar law of another jurisdiction;
new text end

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

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

new text begin (4) committed an act that 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.
new text end

new text begin (c) A child is the subject of a report of threatened injury when the local welfare agency
receives birth match data under section 260E.14, subdivision 4, from the Department of
Human Services.
new text end

Sec. 4.

new text begin [260E.04] EVIDENCE.
new text end

new text begin No evidence relating to the maltreatment of a child or to any prior incident of
maltreatment involving any of the same persons accused of maltreatment shall be excluded
in any proceeding arising out of the alleged maltreatment on the grounds of privilege set
forth in section 595.02, subdivision 1, paragraph (a), (d), or (g).
new text end

Sec. 5.

new text begin [260E.05] CULTURAL PRACTICES.
new text end

new text begin A person who conducts an assessment or investigation under this chapter shall take into
account accepted child-rearing practices of the culture in which a child participates and
accepted teacher discipline practices that are not injurious to the child's health, welfare, and
safety.
new text end

Sec. 6.

new text begin [260E.06] MALTREATMENT REPORTING.
new text end

new text begin Subdivision 1. new text end

new text begin Mandatory reporters. new text end

new text begin (a) A person who knows or has reason to believe
a child is being maltreated, as defined in section 260E.03, or has been maltreated 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:
new text end

new text begin (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
new text end

new text begin (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).
new text end

new text begin (b) "Practice of social services," for the purposes of this subdivision, includes but is not
limited to employee assistance counseling and the provision of guardian ad litem and
parenting time expeditor services.
new text end

new text begin Subd. 2. new text end

new text begin Voluntary reporters. new text end

new text begin 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 maltreated.
new text end

new text begin Subd. 3. new text end

new text begin Reporting in cases where selection of spiritual means or prayer for
treatment or care may cause serious danger to child's health. new text end

new text begin If 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, the parent, guardian, or caretaker, or a person mandated to report
pursuant to subdivision 1, has a duty to report if a lack of medical care may cause serious
danger to the child's health.
new text end

new text begin Subd. 4. new text end

new text begin Licensing board duty to report. new text end

new text begin A board or other entity whose licensees
perform work within a school facility, upon receiving a complaint of alleged maltreatment,
shall report the alleged maltreatment to the commissioner of education.
new text end

Sec. 7.

new text begin [260E.07] RETALIATION PROHIBITED.
new text end

new text begin (a) An employer of any person required to make reports under section 260E.06,
subdivision 1, or 260E.11, subdivision 1, shall not retaliate against the person for reporting
in good faith maltreatment pursuant to this chapter or against a child with respect to whom
a report is made, because of the report.
new text end

new text begin (b) The employer of any person required to report under section 260E.06, subdivision
1, or 260E.11, subdivision 1, who retaliates against the person because of a report of
maltreatment is liable to that person for actual damages and, in addition, a penalty of up to
$10,000.
new text end

new text begin (c) There shall be a rebuttable presumption that any adverse action within 90 days of a
report is retaliatory. For purposes of this paragraph, the term "adverse action" refers to action
taken by an employer of a person required to report under section 260E.06, subdivision 1,
or 260E.11, subdivision 1, which is involved in a report against the person making the report
or the child with respect to whom the report was made because of the report, and includes,
but is not limited to:
new text end

new text begin (1) discharge, suspension, termination, or transfer from the facility, institution, school,
or agency;
new text end

new text begin (2) discharge from or termination of employment;
new text end

new text begin (3) demotion or reduction in remuneration for services; or
new text end

new text begin (4) restriction or prohibition of access to the facility, institution, school, agency, or
persons affiliated with it.
new text end

Sec. 8.

new text begin [260E.08] CRIMINAL PENALTIES FOR FAILURE TO REPORT; CIVIL
PENALTY FOR MAKING FALSE REPORT.
new text end

new text begin (a) A person mandated by section 260E.06, subdivision 1, to report who knows or has
reason to believe that a child is maltreated, as defined in section 260E.03, or has been
maltreated within the preceding three years, and fails to report is guilty of a misdemeanor.
new text end

new text begin (b) A person mandated by section 260E.06, subdivision 1, to report who knows or has
reason to believe that two or more children not related to the offender have been maltreated,
as defined in section 260E.03, by the same offender within the preceding ten years, and
fails to report is guilty of a gross misdemeanor.
new text end

new text begin (c) A parent, guardian, or caretaker who knows or reasonably should know that the
child's health is in serious danger and who fails to report as required by section 260E.06,
subdivision 3, is guilty of a gross misdemeanor if the child suffers substantial or great bodily
harm because of the lack of medical care. If the child dies because of the lack of medical
care, the person is guilty of a felony and may be sentenced to imprisonment for not more
than two years or to payment of a fine of not more than $4,000, or both. The provision in
section 609.378, subdivision 1, paragraph (a), clause (1), providing that a parent, guardian,
or caretaker may, in good faith, select and depend on spiritual means or prayer for treatment
or care of a child, does not exempt a parent, guardian, or caretaker from the duty to report
under this chapter.
new text end

new text begin (d) Any person who knowingly or recklessly makes a false report under the provisions
of this chapter shall be liable in a civil suit for any actual damages suffered by the person
or persons so reported and for any punitive damages set by the court or jury, plus costs and
reasonable attorney fees.
new text end

Sec. 9.

new text begin [260E.09] REPORTING REQUIREMENTS.
new text end

new text begin (a) An oral report shall be made immediately by telephone or otherwise. An oral report
made by a person required under section 260E.06, subdivision 1, to report shall be followed
within 72 hours, exclusive of weekends and holidays, by a report in writing to the appropriate
police department, the county sheriff, the agency responsible for assessing or investigating
the report, or the local welfare agency.
new text end

new text begin (b) Any report shall be of sufficient content to identify the child, any person believed
to be responsible for the maltreatment of the child if the person is known, the nature and
extent of the maltreatment, and the name and address of the reporter. The local welfare
agency or agency responsible for assessing or investigating the report shall accept a report
made under section 260E.06 notwithstanding refusal by a reporter to provide the reporter's
name or address as long as the report is otherwise sufficient under this paragraph.
new text end

Sec. 10.

new text begin [260E.10] NOTIFICATION TO REPORTERS.
new text end

new text begin Subdivision 1. new text end

new text begin Screening notification. new text end

new text begin If requested, the agency responsible for assessing
or investigating a report shall inform the reporter within ten days after the report was made,
either orally or in writing, whether the report was accepted or not. If the responsible agency
determines the report does not constitute a report under this chapter, the agency shall advise
the reporter that the report was screened out.
new text end

new text begin Subd. 2. new text end

new text begin Final notification. new text end

new text begin Any person mandated to report shall receive a summary of
the disposition of any report made by that reporter, including whether the case has been
opened for child protection or other services, or if a referral has been made to a community
organization, unless release would be detrimental to the best interests of the child. Any
person who is not mandated to report shall, upon request to the local welfare agency, receive
a concise summary of the disposition of any report made by that reporter, unless release
would be detrimental to the best interests of the child.
new text end

Sec. 11.

new text begin [260E.11] AGENCY DESIGNATED TO RECEIVE REPORTS.
new text end

new text begin Subdivision 1. new text end

new text begin Reports of maltreatment in facility. new text end

new text begin A person mandated to report child
maltreatment occurring within a licensed facility shall report the information to the agency
responsible for licensing or certifying the facility under sections 144.50 to 144.58, 241.021,
and 245A.01 to 245A.16; or chapter 144H, 245D, or 245H; or a nonlicensed personal care
provider organization as defined in section 256B.0625, subdivision 19a.
new text end

new text begin Subd. 2. new text end

new text begin Reporting deprivation of parental rights or kidnapping to law
enforcement. new text end

new text begin A person mandated to report under section 260E.06, subdivision 1, who
knows or has reason to know of a violation of section 609.25 or 609.26 shall report the
information to the local police department or the county sheriff.
new text end

new text begin Subd. 3. new text end

new text begin Report to medical examiner or coroner; notification to local agency and
law enforcement; report ombudsman. new text end

new text begin (a) A person mandated to report maltreatment who
knows or has reason to believe a child has died as a result of maltreatment shall report that
information to the appropriate medical examiner or coroner instead of the local welfare
agency, police department, or county sheriff.
new text end

new text begin (b) The medical examiner or coroner shall notify the local welfare agency, police
department, or county sheriff in instances in which the medical examiner or coroner believes
that the child has died as a result of maltreatment. The medical examiner or coroner shall
complete an investigation as soon as feasible and report the findings to the police department
or county sheriff and the local welfare agency.
new text end

new text begin (c) If the child was receiving services or treatment for mental illness, developmental
disability, chemical dependency, or emotional disturbance from an agency, facility, or
program as defined in section 245.91, the medical examiner or coroner shall also notify and
report findings to the ombudsman established under sections 245.91 to 245.97.
new text end

Sec. 12.

new text begin [260E.12] REQUIRED ACTIONS OF THE RESPONSIBLE AGENCY AND
LAW ENFORCEMENT UPON RECEIVING REPORT.
new text end

new text begin Subdivision 1. new text end

new text begin Police department or county sheriff. new text end

new text begin (a) The police department or the
county sheriff shall immediately notify the local welfare agency or agency responsible for
child protection reports under this chapter orally and in writing when a report is received.
new text end

new text begin (b) Written reports received by a police department or the county sheriff shall be
forwarded immediately to the local welfare agency or the agency responsible for assessing
or investigating the report. The police department or the county sheriff may keep copies of
reports received by them.
new text end

new text begin (c) The county sheriff and the head of each local welfare agency, agency responsible
for child protection reports, and police department shall designate a person within the agency,
department, or office who is responsible for ensuring that the notification duties of this
section are carried out. If the alleged maltreatment occurs on tribal land, the local welfare
agency or agency responsible for child protection reports and the local police department
or county sheriff shall immediately notify the tribe's social services agency and tribal law
enforcement orally and in writing when a report is received. When a police department or
county determines that a child has been the subject of maltreatment by a person licensed
by the Professional Educator Licensing and Standards Board or the Board of School
Administrators, the department or sheriff shall, in addition to other duties under this section,
immediately inform the licensing board.
new text end

new text begin (d) If a child is the victim of an alleged crime under subdivision 2, paragraph (c), the
law enforcement agency shall immediately notify the local welfare agency, which shall
offer appropriate social services for the purpose of safeguarding and enhancing the welfare
of the maltreated child.
new text end

new text begin Subd. 2. new text end

new text begin Local welfare agency or agency responsible for maltreatment report. new text end

new text begin (a)
The local welfare agency or agency responsible for child protection reports shall immediately
notify the local police department or the county sheriff orally and in writing when a report
is received.
new text end

new text begin (b) Copies of written reports received by a local welfare agency or the agency responsible
for assessing or investigating the report shall be forwarded immediately to the local police
department or the county sheriff.
new text end

new text begin (c) Receipt by a local welfare agency of a report or notification of a report of kidnapping
under section 609.25 or depriving another of custodial or parental rights under section
609.26 shall not be construed to invoke the duties under this chapter except notification of
law enforcement and the offer of services under section 260E.20, subdivision 1, paragraph
(a), as appropriate.
new text end

new text begin Subd. 3. new text end

new text begin Penalties for failure to cross notify. new text end

new text begin (a) If a local welfare agency receives a
report under section 260E.06 and fails to notify the local police department or county sheriff
as required by subdivision 2, the person within the agency who is responsible for ensuring
that notification is made shall be subject to disciplinary action in keeping with the agency's
existing policy or collective bargaining agreement on discipline of employees.
new text end

new text begin (b) If a local police department or a county sheriff receives a report under section 260E.06
and fails to notify the local welfare agency as required by subdivision 1, the person within
the police department or county sheriff's office who is responsible for ensuring that
notification is made shall be subject to disciplinary action in keeping with the agency's
existing policy or collective bargaining agreement on discipline of employees.
new text end

Sec. 13.

new text begin [260E.13] REPORT TO OMBUDSMAN.
new text end

new text begin When a local welfare agency receives a report or otherwise has information indicating
that a child who is a client, as defined in section 245.91, has been the subject of maltreatment
at an agency, facility, or program, as defined in section 245.91, the local welfare agency
shall, in addition to its other duties under this chapter, immediately inform the ombudsman
established under sections 245.91 to 245.97. The commissioner of education shall inform
the ombudsman established under sections 245.91 to 245.97 of reports regarding a child
who is a client, as defined in section 245.91, that maltreatment occurred at a school as
defined in section 120A.05, subdivisions 9, 11, and 13, and chapter 124E.
new text end

Sec. 14.

new text begin [260E.14] AGENCY RESPONSIBLE FOR SCREENING AND
ASSESSMENT OR INVESTIGATION.
new text end

new text begin Subdivision 1. new text end

new text begin Facilities and schools. new text end

new text begin (a) The local welfare agency is the agency
responsible for investigating allegations of maltreatment in child foster care, family child
care, legally nonlicensed child care, 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.
new text end

new text begin (b) The Department of Human Services is the agency responsible for screening and
investigating allegations of maltreatment in juvenile correctional facilities listed under
section 241.021 located in the local welfare agency's county and in facilities licensed or
certified under chapters 245A, 245D, and 245G, except for child foster care and family
child care.
new text end

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

new text begin (d) The Department of Education is the agency responsible for screening and investigating
allegations of maltreatment in a school as defined in section 120A.05, subdivisions 9, 11,
and 13, and chapter 124E. The Department of Education's responsibility to screen and
investigate includes allegations of maltreatment involving students 18 to 21 years of age,
including students receiving special education services, up to and including graduation and
the issuance of a secondary or high school diploma.
new text end

new text begin (e) A health or corrections agency receiving a report may request the local welfare agency
to provide assistance pursuant to this section and sections 260E.19 and 260E.22.
new text end

new text begin Subd. 2. new text end

new text begin Sexual abuse. new text end

new text begin (a) The local welfare agency is the agency responsible for
investigating an allegation of sexual abuse if the alleged offender is the parent, guardian,
sibling, or an individual functioning within the family unit as a person responsible for the
child's care, or a person with a significant relationship to the child if that person resides in
the child's household.
new text end

new text begin (b) The local welfare agency is also responsible for investigating when a child is identified
as a victim of sex trafficking.
new text end

new text begin Subd. 3. new text end

new text begin Neglect or physical abuse. new text end

new text begin The local welfare agency is responsible for
immediately conducting a family assessment or investigation if the report alleges neglect
or physical abuse by a parent, guardian, or individual functioning within the family unit as
a person responsible for the child's care.
new text end

new text begin Subd. 4. new text end

new text begin Birth match. new text end

new text begin (a) 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 section 260E.03, subdivision 23, the Department of Human Services
shall send the data to the responsible local welfare agency. The data is known as "birth
match data."
new text end

new text begin (b) Unless the responsible local welfare 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 section 260E.03, subdivision 23.
new text end

new text begin Subd. 5. new text end

new text begin Law enforcement. new text end

new text begin (a) The local law enforcement agency is the agency
responsible for investigating a report of maltreatment if a violation of a criminal statute is
alleged.
new text end

new text begin (b) Law enforcement and the responsible agency must coordinate their investigations
or assessments as required under this chapter when the report alleges maltreatment that is
a violation of a criminal statute by a person who is a parent, guardian, sibling, person
responsible for the child's care functioning within the family unit, or person who lives in
the child's household and who has a significant relationship to the child, in a setting other
than a facility as defined in section 260E.03.
new text end

Sec. 15.

new text begin [260E.15] SCREENING GUIDELINES.
new text end

new text begin (a) Child protection staff, supervisors, and others involved in child protection screening
shall follow the guidance provided in the maltreatment screening guidelines issued by the
commissioner and, when notified by the commissioner, shall immediately implement updated
procedures and protocols.
new text end

new text begin (b) Any modification to the screening guidelines must be preapproved by the
commissioner and must not be less protective of children than is mandated by statute. The
county agency must consult with the county attorney before proposing modifications to the
commissioner. The guidelines may provide additional protection for children but must not
limit reports that are screened in or provide additional limits on consideration of reports
that were screened out in making a screening determination.
new text end

Sec. 16.

new text begin [260E.16] TIMELINE FOR SCREENING.
new text end

new text begin (a) The local welfare agency shall determine if the report is to be screened in or out as
soon as possible but in no event longer than 24 hours after the report is received.
new text end

new text begin (b) When determining whether a report will be screened in or out, the agency receiving
the report must consider, when relevant, all previous history, including reports that were
screened out. The agency may communicate with treating professionals and individuals
specified under section 260E.35, subdivision 4, paragraph (b).
new text end

Sec. 17.

new text begin [260E.17] RESPONSE PATH ASSIGNMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Local welfare agency. new text end

new text begin (a) Upon receipt of a report, the local welfare
agency shall determine whether to conduct a family assessment or an investigation as
appropriate to prevent or provide a remedy for maltreatment.
new text end

new text begin (b) The local welfare agency shall conduct an investigation when the report involves
sexual abuse or substantial child endangerment.
new text end

new text begin (c) The local welfare agency shall begin an immediate investigation if, at any time when
the local welfare agency is using a family assessment response, the local welfare agency
determines that there is reason to believe that sexual abuse or substantial child endangerment
or a serious threat to the child's safety exists.
new text end

new text begin (d) The local welfare agency may conduct a family assessment for reports that do not
allege sexual abuse or substantial child endangerment. In determining that a family
assessment is appropriate, the local welfare agency may consider issues of child safety,
parental cooperation, and the need for an immediate response.
new text end

new text begin (e) The local welfare agency may conduct a family assessment on a report that was
initially screened and assigned for an investigation. In determining that a complete
investigation is not required, the local welfare agency must document the reason for
terminating the investigation and notify the local law enforcement agency if the local law
enforcement agency is conducting a joint investigation.
new text end

new text begin Subd. 2. new text end

new text begin Responsible social service agency. new text end

new text begin The responsible agency shall conduct an
investigation when the report alleges maltreatment in a facility required to be licensed under
chapter 144H, 245A, 245D, or 245H; 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.
new text end

Sec. 18.

new text begin [260E.18] NOTICE TO CHILD'S TRIBE.
new text end

new text begin The local welfare agency shall provide immediate notice, according to section 260.761,
subdivision 2, to an Indian child's tribe when the agency has reason to believe the family
assessment or investigation may involve an Indian child. For purposes of this section,
"immediate notice" means notice provided within 24 hours.
new text end

Sec. 19.

new text begin [260E.19] CONFLICT OF INTEREST.
new text end

new text begin (a) A potential conflict of interest related to assisting in an investigation or assessment
under this chapter resulting in a direct or shared financial interest with a child maltreatment
treatment provider or resulting from a personal or family relationship with a party in the
investigation must be considered by the local welfare agency in an effort to prevent unethical
relationships.
new text end

new text begin (b) A person who conducts an investigation or assessment under this chapter may not
have:
new text end

new text begin (1) any direct or shared financial interest or referral relationship resulting in a direct
shared financial gain with a child maltreatment treatment provider; or
new text end

new text begin (2) a personal or family relationship with a party in the assessment or investigation.
new text end

new text begin (c) If an independent assessor is not available, the person responsible for making the
determination under this chapter may use the services of an assessor with a financial interest,
referral, or personal or family relationship.
new text end

Sec. 20.

new text begin [260E.20] AGENCY DUTIES REGARDING INVESTIGATION AND
ASSESSMENT.
new text end

new text begin Subdivision 1. new text end

new text begin General duties. new text end

new text begin (a) The local welfare agency shall offer services to
prevent future maltreatment, safeguarding and enhancing the welfare of the maltreated child,
and supporting and preserving family life whenever possible.
new text end

new text begin (b) If the report alleges a violation of a criminal statute involving maltreatment or child
endangerment under section 609.378, the local law enforcement agency and local welfare
agency shall coordinate the planning and execution of their respective investigation and
assessment efforts to avoid a duplication of fact-finding efforts and multiple interviews.
Each agency shall prepare a separate report of the results of the agency's investigation or
assessment.
new text end

new text begin (c) In cases of alleged child maltreatment resulting in death, the local agency may rely
on the fact-finding efforts of a law enforcement investigation to make a determination of
whether or not maltreatment occurred.
new text end

new text begin (d) When necessary, the local welfare agency shall seek authority to remove the child
from the custody of a parent, guardian, or adult with whom the child is living.
new text end

new text begin (e) In performing any of these duties, the local welfare agency shall maintain an
appropriate record.
new text end

new text begin (f) In conducting a family assessment or investigation, the local welfare agency shall
gather information on the existence of substance abuse and domestic violence.
new text end

new text begin (g) If the family assessment or investigation indicates there is a potential for abuse of
alcohol or other drugs by the parent, guardian, or person responsible for the child's care,
the local welfare agency shall conduct a chemical use assessment pursuant to Minnesota
Rules, part 9530.6615.
new text end

new text begin (h) The agency may use either a family assessment or investigation to determine whether
the child is safe when responding to a report resulting from birth match data under section
260E.03, subdivision 23, paragraph (c). If the child subject of birth match data 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.
new text end

new text begin Subd. 2. new text end

new text begin Face-to-face contact. new text end

new text begin (a) Upon receipt of a screened in report, the local welfare
agency shall conduct a face-to-face contact with the child reported to be maltreated and
with the child's primary caregiver sufficient to complete a safety assessment and ensure the
immediate safety of the child.
new text end

new text begin (b) The face-to-face contact with the child and primary caregiver shall occur immediately
if sexual abuse or substantial child endangerment is alleged and within five calendar days
for all other reports. If the alleged offender was not already interviewed as the primary
caregiver, the local welfare agency shall also conduct a face-to-face interview with the
alleged offender in the early stages of the assessment or investigation.
new text end

new text begin (c) At the initial contact with the alleged offender, the local welfare agency or the agency
responsible for assessing or investigating the report must inform the alleged offender of the
complaints or allegations made against the individual in a manner consistent with laws
protecting the rights of the person who made the report. The interview with the alleged
offender may be postponed if it would jeopardize an active law enforcement investigation.
new text end

new text begin (d) The local welfare agency or the agency responsible for assessing or investigating
the report must provide the alleged offender with an opportunity to make a statement. The
alleged offender may submit supporting documentation relevant to the assessment or
investigation.
new text end

new text begin Subd. 3. new text end

new text begin Collection of information. new text end

new text begin (a) The local welfare agency responsible for
conducting a family assessment or investigation shall collect available and relevant
information to determine child safety, risk of subsequent maltreatment, and family strengths
and needs and share not public information with an Indian's tribal social services agency
without violating any law of the state that may otherwise impose a duty of confidentiality
on the local welfare agency in order to implement the tribal state agreement.
new text end

new text begin (b) The local welfare agency or the agency responsible for investigating the report shall
collect available and relevant information to ascertain whether maltreatment occurred and
whether protective services are needed.
new text end

new text begin (c) Information collected includes, when relevant, information with regard to the person
reporting the alleged maltreatment, including the nature of the reporter's relationship to the
child and to the alleged offender, and the basis of the reporter's knowledge for the report;
the child allegedly being maltreated; the alleged offender; the child's caretaker; and other
collateral sources having relevant information related to the alleged maltreatment.
new text end

new text begin (d) Information relevant to the assessment or investigation must be asked for, and may
include:
new text end

new text begin (1) the child's sex and age; prior reports of maltreatment, including any maltreatment
reports that were screened out and not accepted for assessment or investigation; information
relating to developmental functioning; credibility of the child's statement; and whether the
information provided under this clause is consistent with other information collected during
the course of the assessment or investigation;
new text end

new text begin (2) the alleged offender's age, a record check for prior reports of maltreatment, and
criminal charges and convictions;
new text end

new text begin (3) collateral source information regarding the alleged maltreatment and care of the
child. Collateral information includes, when relevant: (i) a medical examination of the child;
(ii) prior medical records relating to the alleged maltreatment or the care of the child
maintained by any facility, clinic, or health care professional and an interview with the
treating professionals; and (iii) interviews with the child's caretakers, including the child's
parent, guardian, foster parent, child care provider, teachers, counselors, family members,
relatives, and other persons who may have knowledge regarding the alleged maltreatment
and the care of the child; and
new text end

new text begin (4) information on the existence of domestic abuse and violence in the home of the child,
and substance abuse.
new text end

new text begin (e) Nothing in this subdivision precludes the local welfare agency, the local law
enforcement agency, or the agency responsible for assessing or investigating the report from
collecting other relevant information necessary to conduct the assessment or investigation.
new text end

new text begin (f) Notwithstanding section 13.384 or 144.291 to 144.298, the local welfare agency has
access to medical data and records for purposes of paragraph (d), clause (3).
new text end

new text begin Subd. 4. new text end

new text begin Consultation regarding alleged medical neglect. new text end

new text begin If the report alleges medical
neglect as defined in section 260C.007, subdivision 6, clause (5), the local welfare agency
shall, in addition to its other duties under this section, immediately consult with designated
hospital staff and with the parents of the infant to verify that appropriate nutrition, hydration,
and medication are being provided; and shall immediately secure an independent medical
review of the infant's medical charts and records and, if necessary, seek a court order for
an independent medical examination of the infant.
new text end

new text begin Subd. 5. new text end

new text begin Law enforcement fact finding. new text end

new text begin If the report alleges maltreatment by a person
who is not a parent, guardian, sibling, person responsible for the child's care functioning
within the family unit, or a person who lives in the child's household and who has a
significant relationship to the child, in a setting other than a facility as defined in section
260E.03, the local welfare agency may rely on the fact-finding efforts of the law enforcement
investigation to make a determination whether or not threatened injury or other maltreatment
has occurred under section 260E.03, subdivision 12, if an alleged offender has minor children
or lives with minors.
new text end

Sec. 21.

new text begin [260E.21] SCREENED OUT REPORTS.
new text end

new text begin Subdivision 1. new text end

new text begin Records. new text end

new text begin A report that is screened out must be maintained according to
section 260E.35, subdivision 6, paragraph (b).
new text end

new text begin Subd. 2. new text end

new text begin Offer of social services. new text end

new text begin A local welfare agency or agency responsible for
investigating or assessing a report may use a screened out report for making an offer of
social services to the subjects of the screened out report.
new text end

Sec. 22.

new text begin [260E.22] INTERVIEWS.
new text end

new text begin Subdivision 1. new text end

new text begin Authority to interview. new text end

new text begin (a) The agency responsible for assessing or
investigating reports of maltreatment has the authority to interview the child, the person or
persons responsible for the child's care, the alleged offender, and any other person with
knowledge of the maltreatment for the purpose of gathering facts, assessing safety and risk
to the child, and formulating a plan.
new text end

new text begin (b) Authority of the local welfare agency responsible for assessing or investigating the
maltreatment report, the agency responsible for assessing or investigating the report, and
the local law enforcement agency responsible for investigating the alleged maltreatment
includes but is not limited to authority to interview, without parental consent, the alleged
victim and any other children who currently reside with or who have resided with the alleged
offender.
new text end

new text begin Subd. 2. new text end

new text begin Interview procedure. new text end

new text begin (a) The interview may take place at school or at any
facility or other place where the alleged victim or other children might be found or the child
may be transported to, and the interview may be conducted at a place appropriate for the
interview of a child designated by the local welfare agency or law enforcement agency.
new text end

new text begin (b) The interview may take place outside the presence of the alleged offender or parent,
legal custodian, guardian, or school official.
new text end

new text begin (c) For a family assessment, it is the preferred practice to request a parent or guardian's
permission to interview the child before conducting the child interview, unless doing so
would compromise the safety assessment.
new text end

new text begin Subd. 3. new text end

new text begin Notification after interview. new text end

new text begin (a) Except as provided in this subdivision, the
parent, legal custodian, or guardian shall be notified by the responsible agency or local law
enforcement agency no later than the conclusion of the investigation or assessment that this
interview has occurred.
new text end

new text begin (b) Notwithstanding notice required under the Minnesota Rules of Juvenile Protection,
the juvenile court may, after hearing on an ex parte motion by the local welfare agency,
order that, where reasonable cause exists, the agency withhold notification of this interview
from the parent, legal custodian, or guardian. If the interview took place or is to take place
on school property, the order shall specify that school officials may not disclose to the
parent, legal custodian, or guardian the contents of the notification of intent to interview
the child on school property, as provided under this subdivision, and any other related
information regarding the interview that may be a part of the child's school record. A copy
of the order shall be sent by the local welfare or law enforcement agency to the appropriate
school official.
new text end

new text begin Subd. 4. new text end

new text begin Tennessen notice not required. new text end

new text begin In conducting investigations and assessments
pursuant to this chapter, the notice required by section 13.04, subdivision 2, need not be
provided to a child under the age of ten who is the alleged victim of maltreatment.
new text end

new text begin Subd. 5. new text end

new text begin Court order for interview. new text end

new text begin (a) Where the alleged offender or a person
responsible for the care of the alleged victim or other child prevents access to the victim or
other child by the local welfare agency, the juvenile court may order the parent, legal
custodian, or guardian to produce the alleged victim or other child for questioning by the
local welfare agency or the local law enforcement agency outside the presence of the alleged
offender or any person responsible for the child's care at reasonable places and times as
specified by court order.
new text end

new text begin (b) Before making an order under paragraph (a), the court shall issue an order to show
cause, either upon its own motion or upon a verified petition, specifying the basis for the
requested interview and fixing the time and place of the hearing. The order to show cause
shall be served personally and shall be heard in the same manner as provided in other cases
in the juvenile court. The court shall consider the need for appointment of a guardian ad
litem to protect the best interests of the child. If appointed, the guardian ad litem shall be
present at the hearing on the order to show cause.
new text end

new text begin Subd. 6. new text end

new text begin Interview format. new text end

new text begin (a) When conducting an investigation, the local welfare
agency shall use a question and answer interviewing format with questioning as nondirective
as possible to elicit spontaneous responses.
new text end

new text begin (b) For investigations only, the following interviewing methods and procedures must
be used whenever possible when collecting information:
new text end

new text begin (1) audio recording of all interviews with witnesses and collateral sources; and
new text end

new text begin (2) in a case of alleged sexual abuse, audio-video recording of each interview with the
alleged victim and a child witness.
new text end

new text begin Subd. 7. new text end

new text begin Interviews on school property. new text end

new text begin (a) When the local welfare agency, local law
enforcement agency, or the agency responsible for assessing or investigating a report of
maltreatment determines that an interview should take place on school property, written
notification of intent to interview the child on school property must be received by school
officials before the interview. The notification shall include the name of the child to be
interviewed, the purpose of the interview, and a reference to the statutory authority to conduct
an interview on school property. For an interview conducted by the local welfare agency,
the notification shall be signed by the chair of the local welfare agency or the chair's designee.
The notification shall be private data on individuals subject to the provisions of this
subdivision. School officials may not disclose to the parent, legal custodian, or guardian
the contents of the notification or any other related information regarding the interview until
notified in writing by the local welfare agency or local law enforcement agency that the
investigation or assessment has been concluded, unless a school employee or agent is alleged
to have maltreated the child. Until that time, the local welfare agency, local law enforcement
agency, or the agency responsible for assessing or investigating a report of maltreatment
shall be solely responsible for any disclosure regarding the nature of the assessment or
investigation.
new text end

new text begin (b) Except where the alleged offender is believed to be a school official or employee,
the time, place, and manner of the interview on school premises shall be within the discretion
of school officials, but the local welfare agency or local law enforcement agency shall have
the exclusive authority to determine who may attend the interview. The conditions as to
time, place, and manner of the interview set by the school officials shall be reasonable, and
the interview shall be conducted not more than 24 hours after the receipt of the notification
unless another time is considered necessary by agreement between the school officials and
the local welfare agency or local law enforcement agency. Where the school fails to comply
with the provisions of this paragraph, the juvenile court may order the school to comply.
Every effort must be made to reduce the disruption of the educational program of the child,
other students, or school staff when an interview is conducted on school premises.
new text end

Sec. 23.

new text begin [260E.23] DOCUMENTING INTERVIEWS WITH CHILD
MALTREATMENT VICTIMS.
new text end

new text begin Subdivision 1. new text end

new text begin Policy. new text end

new text begin It is the policy of this state to encourage adequate and accurate
documentation of the number and content of interviews conducted with alleged child
maltreatment victims during the course of a child maltreatment assessment or investigation,
criminal investigation, or prosecution, and to discourage interviews that are unnecessary,
duplicative, or otherwise not in the best interests of the child.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin As used in this section:
new text end

new text begin (1) "government employee" means an employee of a state or local agency, and any
person acting as an agent of a state or local agency;
new text end

new text begin (2) "interview" means a statement of an alleged maltreatment victim which is given or
made to a government employee during the course of a maltreatment assessment or
investigation, criminal investigation, or prosecution; and
new text end

new text begin (3) "record" means an audio or video recording of an interview, or a written record of
an interview.
new text end

new text begin Subd. 3. new text end

new text begin Record required. new text end

new text begin Whenever an interview is conducted, the interviewer must
make a record of the interview. The record must contain the following information:
new text end

new text begin (1) the date, time, place, and duration of the interview;
new text end

new text begin (2) the identity of the persons present at the interview; and
new text end

new text begin (3) if the record is in writing, a summary of the information obtained during the interview.
new text end

new text begin Subd. 4. new text end

new text begin Records maintained. new text end

new text begin The records shall be maintained by the interviewer in
accordance with applicable provisions of section 260E.35 and chapter 13.
new text end

new text begin Subd. 5. new text end

new text begin Guidelines on tape recording of interviews. new text end

new text begin Every county attorney's office
shall be responsible for developing written guidelines on the tape recording of interviews
by government employees who conduct child maltreatment assessments or investigations,
criminal investigations, or prosecutions. The guidelines are public data as defined in section
13.02, subdivision 14.
new text end

Sec. 24.

new text begin [260E.24] CONCLUSION OF FAMILY ASSESSMENT OR FAMILY
INVESTIGATION BY LOCAL WELFARE AGENCY.
new text end

new text begin Subdivision 1. new text end

new text begin Timing. new text end

new text begin The local welfare agency shall conclude the family assessment
or the investigation within 45 days of the receipt of a report. The conclusion of the assessment
or investigation may be extended to permit the completion of a criminal investigation or
the receipt of expert information requested within 45 days of the receipt of the report.
new text end

new text begin Subd. 2. new text end

new text begin Determination after family assessment. new text end

new text begin After conducting a family assessment,
the local welfare agency shall determine whether child protective services are needed to
address the safety of the child and other family members and the risk of subsequent
maltreatment.
new text end

new text begin Subd. 3. new text end

new text begin Determinations after family investigation. new text end

new text begin (a) After conducting an
investigation, the local welfare agency shall make two determinations: (1) whether
maltreatment occurred; and (2) whether child protective services are needed.
new text end

new text begin (b) No determination of maltreatment shall be made when the alleged offender is a child
under the age of ten.
new text end

new text begin (c) The local welfare agency or the agency responsible for investigating the report may
make a determination of no maltreatment early in an investigation, and close the case and
retain immunity, if the collected information shows no basis for a full investigation.
new text end

new text begin Subd. 4. new text end

new text begin Child protective services. new text end

new text begin For the purposes of this chapter, except for section
260E.37, a determination that child protective services are needed means that the local
welfare agency documented conditions during the assessment or investigation sufficient to
cause a child protection worker, as defined in section 260E.37, to conclude that a child is
at significant risk of maltreatment if protective intervention is not provided and that the
individual or individuals responsible for the child's care have not taken or are not likely to
take action to protect the child from maltreatment or risk of maltreatment.
new text end

new text begin Subd. 5. new text end

new text begin Notifications at conclusion of family investigation. new text end

new text begin (a) Within ten working
days of the conclusion of an investigation, the local welfare agency or agency responsible
for investigating the report shall notify the parent or guardian of the child and the person
determined to be maltreating the child, if not the parent or guardian of the child, of the
determination and a summary of the specific reasons for the determination.
new text end

new text begin (b) The notice must include a certification that the information collection procedures
under section 260E.20 were followed and a notice of the right of a data subject to obtain
access to other private data on the subject collected, created, or maintained under this section.
new text end

new text begin (c) In addition, the notice shall include the length of time that the records will be kept
under section 260E.35, subdivision 6. The investigating agency shall notify the parent or
guardian of the child who is the subject of the report, and any person determined to have
maltreated the child, of their appeal or review rights under this chapter.
new text end

new text begin (d) The notice must also state that a finding of maltreatment may result in denial of a
license or certification application or background study disqualification under chapter 245C
related to employment or services that are licensed or certified by the Department of Human
Services under chapter 245A or 245H, the Department of Health under chapter 144 or 144A,
the Department of Corrections under section 241.021, and from providing services related
to an unlicensed personal care provider organization under chapter 256B.
new text end

new text begin Subd. 6. new text end

new text begin Required referral to early intervention services. new text end

new text begin A child under age three
who is involved in a substantiated case of maltreatment shall be referred for screening under
the Individuals with Disabilities Education Act, part C. Parents must be informed that the
evaluation and acceptance of services are voluntary. The commissioner of human services
shall monitor referral rates by county and annually report the information to the legislature.
Refusal to have a child screened is not a basis for a child in need of protection or services
petition under chapter 260C.
new text end

new text begin Subd. 7. new text end

new text begin Notification at conclusion of family assessment. new text end

new text begin Within ten working days of
the conclusion of a family assessment, the local welfare agency shall notify the parent or
guardian of the child of the need for services to address child safety concerns or significant
risk of subsequent maltreatment. The local welfare agency and the family may also jointly
agree that family support and family preservation services are needed.
new text end

Sec. 25.

new text begin [260E.25] PROVISION OF MEDICAL CARE.
new text end

new text begin (a) If lack of medical care due to a parent's, guardian's, or caretaker's good faith selection
and dependence upon spiritual means or prayer for treatment or care of disease or remedial
care for the child in lieu of medical care may result in serious danger to the child's health,
the local welfare agency may ensure that necessary medical services are provided to the
child.
new text end

new text begin (b) If the review or examination required under section 260E.20, subdivision 4, leads
to a conclusion of medical neglect, the agency shall intervene on behalf of the infant by
initiating legal proceedings under section 260C.141 and by filing an expedited motion to
prevent the withholding of medically indicated treatment.
new text end

Sec. 26.

new text begin [260E.26] PROVISION OF CHILD PROTECTIVE SERVICES.
new text end

new text begin The local welfare agency shall create a written plan, in collaboration with the family
whenever possible, within 30 days of the determination that child protective services are
needed or upon joint agreement of the local welfare agency and the family that family
support and preservation services are needed. Child protective services for a family are
voluntary unless ordered by the court.
new text end

Sec. 27.

new text begin [260E.27] CONSULTATION WITH THE COUNTY ATTORNEY.
new text end

new text begin The local welfare 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, if:
new text end

new text begin (1) the family does not accept or comply with a plan for child protective services;
new text end

new text begin (2) voluntary child protective services may not provide sufficient protection for the child;
or
new text end

new text begin (3) the family is not cooperating with an investigation or assessment.
new text end

Sec. 28.

new text begin [260E.28] CONDUCTING INVESTIGATION IN FACILITY OR SCHOOL.
new text end

new text begin Subdivision 1. new text end

new text begin Immediate investigation for alleged maltreatment in a facility. new text end

new text begin (a)
The commissioner of human services, health, or education, whichever is responsible for
investigating the report, shall immediately investigate if the report alleges that:
new text end

new text begin (1) a child who is in the care of a facility as defined in section 260E.03 is the victim of
maltreatment in a facility by an individual in that facility or has been the victim of
maltreatment in a facility by an individual in that facility within the three years preceding
the report; or
new text end

new text begin (2) a child is the victim of maltreatment in a facility by an individual in a facility defined
in section 260E.03, subdivision 6, while in the care of that facility within the three years
preceding the report.
new text end

new text begin (b) The commissioner of the agency responsible for investigating the report shall arrange
for the transmittal to the commissioner of reports received by local agencies and may delegate
to a local welfare agency the duty to investigate reports. The commissioner of the agency
responsible for investigating the report or local welfare agency may interview any children
who are or have been in the care of a facility under investigation and the children's parents,
guardians, or legal custodians.
new text end

new text begin (c) In conducting an investigation under this section, the commissioner has the powers
and duties specified for a local welfare agency under this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Preinterview notification for facility investigation. new text end

new text begin Before any interview
related to maltreatment in a facility under the provisions of section 260E.22, the
commissioner of the agency responsible for investigating the report or local welfare agency
shall notify the parent, guardian, or legal custodian of a child who will be interviewed in
the manner provided for in section 260E.22. If reasonable efforts to reach the parent,
guardian, or legal custodian of a child in an out-of-home placement have failed, the child
may be interviewed if there is reason to believe the interview is necessary to protect the
child or other children in the facility. The commissioner of the agency responsible for
assessing or investigating the report or local agency must provide the information required
in this subdivision to the parent, guardian, or legal custodian of a child interviewed without
parental notification as soon as possible after the interview. When the investigation is
completed, any parent, guardian, or legal custodian notified under this subdivision shall
receive the written memorandum provided for in section 260E.30, subdivision 5.
new text end

new text begin Subd. 3. new text end

new text begin Facility records. new text end

new text begin The commissioner of human services, the ombudsman for
mental health and developmental disabilities, the local welfare agencies responsible for
investigating reports, the commissioner of education, and the local law enforcement agencies
have the right to enter a facility as defined in section 260E.03 and to inspect and copy the
facility's records, including medical records, as part of the investigation. Notwithstanding
the provisions of chapter 13, the commissioner of human services, the ombudsman for
mental health and developmental disabilities, the local welfare agencies responsible for
investigating reports, the commissioner of education, and the local law enforcement agencies
also have the right to inform the facility under investigation that an investigation is being
conducted, to disclose to the facility the names of the individuals under investigation for
maltreating a child, and to provide the facility with a copy of the report and the investigative
findings.
new text end

new text begin Subd. 4. new text end

new text begin Access to information. new text end

new text begin In conducting investigations under this chapter, the
commissioner or local welfare agency shall obtain access to information consistent with
section 260E.20, subdivision 3. In conducting investigations under this section, the
commissioner of education shall obtain access to reports and investigative data that are
relevant to a report of maltreatment and are in the possession of a school facility as defined
in section 260E.03, subdivision 6, clause (2), notwithstanding the classification of the data
as educational or personnel data under chapter 13. This includes but is not limited to school
investigative reports, information concerning the conduct of school personnel alleged to
have committed maltreatment of students, information about witnesses, and any protective
or corrective action taken by the school facility regarding the school personnel alleged to
have committed maltreatment.
new text end

new text begin Subd. 5. new text end

new text begin Investigation involving school facility. new text end

new text begin In conducting an investigation involving
a school facility as defined in section 260E.03, subdivision 6, clause (2), the commissioner
of education shall collect available and relevant information and use the procedures in
sections 260E.20, subdivisions 2 and 3, and 260E.22, except that the requirement for
face-to-face observation of the child and face-to-face interview of the alleged offender is
to occur in the initial stages of the investigation provided that the commissioner may also
base the investigation on investigative reports and data received from the school facility
and local law enforcement agency, to the extent those investigations satisfy the requirements
of sections 260E.20, subdivisions 2 and 3, and 260E.22.
new text end

Sec. 29.

new text begin [260E.29] NOTIFICATION REQUIREMENTS FOR SCHOOLS AND
FACILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Notification requirements for school facility. new text end

new text begin (a) Notwithstanding
section 260E.09, the commissioner of education must inform the parent, guardian, or legal
custodian of the child who is the subject of a report of alleged maltreatment in a school
facility within ten days of receiving the report, either orally or in writing, whether the
commissioner is investigating the report of alleged maltreatment.
new text end

new text begin (b) Regardless of whether a report is made under section 260E.09, as soon as practicable
after a school receives information regarding an incident that may constitute maltreatment
of a child in a school facility, the school shall inform the parent, legal guardian, or custodian
of the child that an incident occurred that may constitute maltreatment of the child, when
the incident occurred, and the nature of the conduct that may constitute maltreatment.
new text end

new text begin Subd. 2. new text end

new text begin Notification requirements for other types of facilities. new text end

new text begin When a report is
received that alleges 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 or certified according to sections 144.50 to 144.58;
241.021; or 245A.01 to 245A.16; or chapter 144H, 245D, or 245H; 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 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 the victim of maltreatment in the facility;
the name of the facility; the fact that a report alleging maltreatment in the facility has been
received; the nature of the alleged maltreatment in the facility; that the agency is conducting
an 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.
new text end

new text begin Subd. 3. new text end

new text begin Discretionary notification. new text end

new text begin The commissioner of the agency responsible for
investigating the report or local welfare agency may also provide the information in
subdivision 2 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 maltreatment of a child
in the facility occurred. In determining whether to exercise this authority, the commissioner
of the agency responsible for investigating the report or local welfare agency shall consider
the seriousness of the alleged maltreatment of a child in the facility; the number of alleged
victims of maltreatment of a child in the facility; the number of alleged offenders; and the
length of the investigation. The facility shall be notified whenever this discretion is exercised.
new text end

Sec. 30.

new text begin [260E.30] CONCLUSION OF SCHOOL OR FACILITY INVESTIGATION.
new text end

new text begin Subdivision 1. new text end

new text begin Investigation involving a school facility. new text end

new text begin If the commissioner of education
conducts an investigation, the commissioner shall determine whether maltreatment occurred
and what corrective or protective action was taken by the school facility. If a determination
is made that maltreatment occurred, the commissioner shall report to the employer, the
school board, and any appropriate licensing entity the determination that maltreatment
occurred and what corrective or protective action was taken by the school facility. In all
other cases, the commissioner shall inform the school board or employer that a report was
received; the subject of the report; the date of the initial report; the category of maltreatment
alleged as defined in section 260E.03, subdivision 12; the fact that maltreatment was not
determined; and a summary of the specific reasons for the determination.
new text end

new text begin Subd. 2. new text end

new text begin Investigation involving a facility. new text end

new text begin (a) When maltreatment is determined in an
investigation involving a facility, the investigating agency shall also determine whether the
facility or individual was responsible, or whether both the facility and the individual were
responsible for the maltreatment using the mitigating factors in subdivision 4. Determinations
under this subdivision must be made based on a preponderance of the evidence and are
private data on individuals or nonpublic data as maintained by the commissioner of education.
new text end

new text begin (b) Any operator, employee, or volunteer worker at any facility who intentionally
maltreats any child in the care of that facility may be charged with a violation of section
609.255, 609.377, or 609.378. Any operator of a facility who knowingly permits conditions
to exist that result in maltreatment of a child in a facility while in the care of that facility
may be charged with a violation of section 609.378. The facility operator shall inform all
mandated reporters employed by or otherwise associated with the facility of the duties
required of mandated reporters and shall inform all mandatory reporters of the prohibition
against retaliation for reports made in good faith under this section.
new text end

new text begin Subd. 3. new text end

new text begin Nonmaltreatment mistake. new text end

new text begin (a) If paragraph (b) applies, 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.
new text end

new text begin (b) A nonmaltreatment mistake occurs when:
new text end

new text begin (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;
new text end

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

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

new text begin (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
new text end

new text begin (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.
new text end

new text begin (c) This subdivision only applies to child care centers licensed under Minnesota Rules,
chapter 9503.
new text end

new text begin Subd. 4. new text end

new text begin Mitigating factors in investigating facilities. new text end

new text begin (a) When determining whether
the facility or individual is the responsible party, or whether both the facility and the
individual are responsible for determined maltreatment in a facility, the investigating agency
shall consider at least the following mitigating factors:
new text end

new text begin (1) whether the actions of the facility or the individual caregivers were according to,
and followed the terms of, an erroneous physician order, prescription, individual care plan,
or directive; however, this is not a mitigating factor when the facility or caregiver was
responsible for the issuance of the erroneous order, prescription, individual care plan, or
directive or knew or should have known of the errors and took no reasonable measures to
correct the defect before administering care;
new text end

new text begin (2) comparative responsibility between the facility, other caregivers, and requirements
placed upon an employee, including the facility's compliance with related regulatory standards
and the adequacy of facility policies and procedures, facility training, an individual's
participation in the training, the caregiver's supervision, and facility staffing levels and the
scope of the individual employee's authority and discretion; and
new text end

new text begin (3) whether the facility or individual followed professional standards in exercising
professional judgment.
new text end

new text begin (b) The evaluation of the facility's responsibility under paragraph (a), clause (2), must
not be based on the completeness of the risk assessment or risk reduction plan required
under section 245A.66, but must be based on the facility's compliance with the regulatory
standards for policies and procedures, training, and supervision as cited in Minnesota Statutes
and Minnesota Rules.
new text end

new text begin (c) Notwithstanding paragraphs (a) and (b), when maltreatment is determined to have
been committed by an individual who is also the facility license holder, both the individual
and the facility must be determined responsible for the maltreatment, and both the background
study disqualification standards under section 245C.15, subdivision 4, and the licensing or
certification actions under sections 245A.06, 245A.07, 245H.06, or 245H.07 apply.
new text end

new text begin Subd. 5. new text end

new text begin Notification when school or facility investigation is completed. new text end

new text begin (a) When
the commissioner of the agency responsible for 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 maltreatment of a child in the facility; the investigator's
name; a summary of the investigation findings; a statement of whether maltreatment was
found; and the protective or corrective measures that are being or will be taken.
new text end

new text begin (b) 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 offender or the identity of individuals interviewed during the investigation.
new text end

new text begin (c) 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.
new text end

new text begin (d) 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.
new text end

new text begin (e) 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.
new text end

new text begin (f) 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.
new text end

new text begin (g) The commissioner of education may notify the parent, guardian, or legal custodian
of any student involved as a witness to alleged maltreatment.
new text end

new text begin Subd. 6. new text end

new text begin Notification to parent, child, or offender following investigation. new text end

new text begin (a) Within
ten working days of the conclusion of an investigation, the local welfare agency or agency
responsible for investigating the report of maltreatment in a facility shall notify the parent
or guardian of the child, the person determined to be maltreating the child, and the director
of the facility of the determination and a summary of the specific reasons for the
determination.
new text end

new text begin (b) When the investigation involves a child foster care setting that is monitored by a
private licensing agency under section 245A.16, the local welfare agency responsible for
investigating the report shall notify the private licensing agency of the determination and
shall provide a summary of the specific reasons for the determination. The notice to the
private licensing agency must include identifying private data, but not the identity of the
reporter of maltreatment.
new text end

new text begin (c) The notice must also include a certification that the information collection procedures
under section 260E.20, subdivision 3, were followed and a notice of the right of a data
subject to obtain access to other private data on the subject collected, created, or maintained
under this section.
new text end

new text begin (d) In addition, the notice shall include the length of time that the records will be kept
under section 260E.35, subdivision 6.
new text end

new text begin (e) The investigating agency shall notify the parent or guardian of the child who is the
subject of the report, and any person or facility determined to have maltreated a child, of
their appeal or review rights under this section.
new text end

new text begin (f) The notice must also state that a finding of maltreatment may result in denial of a
license or certification application or background study disqualification under chapter 245C
related to employment or services that are licensed by the Department of Human Services
under chapter 245A or 245H, the Department of Health under chapter 144 or 144A, the
Department of Corrections under section 241.021, and from providing services related to
an unlicensed personal care provider organization under chapter 256B.
new text end

Sec. 31.

new text begin [260E.31] REPORTING OF PRENATAL EXPOSURE TO CONTROLLED
SUBSTANCES.
new text end

new text begin Subdivision 1. new text end

new text begin Reports required. new text end

new text begin (a) Except as provided in paragraph (b), a person
mandated to report under this chapter shall immediately report to the local welfare agency
if the person knows or has reason to believe that a woman is pregnant and has used a
controlled substance for a nonmedical purpose during the pregnancy, including but not
limited to tetrahydrocannabinol, or has consumed alcoholic beverages during the pregnancy
in any way that is habitual or excessive.
new text end

new text begin (b) A health care professional or a social service professional who is mandated to report
under this chapter is exempt from reporting under paragraph (a) a woman's use or
consumption of tetrahydrocannabinol or alcoholic beverages during pregnancy if the
professional is providing the woman with prenatal care or other health care services.
new text end

new text begin (c) Any person may make a voluntary report if the person knows or has reason to believe
that a woman is pregnant and has used a controlled substance for a nonmedical purpose
during the pregnancy, including but not limited to tetrahydrocannabinol, or has consumed
alcoholic beverages during the pregnancy in any way that is habitual or excessive.
new text end

new text begin (d) An oral report shall be made immediately by telephone or otherwise. An oral report
made by a person required to report shall be followed within 72 hours, exclusive of weekends
and holidays, by a report in writing to the local welfare agency. Any report shall be of
sufficient content to identify the pregnant woman, the nature and extent of the use, if known,
and the name and address of the reporter. The local welfare agency shall accept a report
made under paragraph (c) notwithstanding refusal by a voluntary reporter to provide the
reporter's name or address as long as the report is otherwise sufficient.
new text end

new text begin (e) For purposes of this section, "prenatal care" means the comprehensive package of
medical and psychological support provided throughout the pregnancy.
new text end

new text begin Subd. 2. new text end

new text begin Local welfare agency. new text end

new text begin Upon receipt of a report of prenatal exposure to a
controlled substance required under subdivision 1, the local welfare agency shall immediately
conduct an appropriate assessment and offer services indicated under the circumstances.
Services offered may include but are not limited to a referral for chemical dependency
assessment, a referral for chemical dependency treatment if recommended, and a referral
for prenatal care. The local welfare agency may also take any appropriate action under
chapter 253B, including seeking an emergency admission under section 253B.05. The local
welfare agency shall seek an emergency admission under section 253B.05 if the pregnant
woman refuses recommended voluntary services or fails recommended treatment.
new text end

new text begin Subd. 3. new text end

new text begin Related provisions. new text end

new text begin Reports under this section are governed by sections
260E.05, 260E.06, 260E.34, and 260E.35.
new text end

new text begin Subd. 4. new text end

new text begin Controlled substances. new text end

new text begin For purposes of this section and section 260E.32,
"controlled substance" means a controlled substance listed in section 253B.02, subdivision
2.
new text end

Sec. 32.

new text begin [260E.32] TOXICOLOGY TESTS REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Test; report. new text end

new text begin (a) A physician shall administer a toxicology test to a
pregnant woman under the physician's care or to a woman under the physician's care within
eight hours after delivery to determine whether there is evidence that she has ingested a
controlled substance, if the woman has obstetrical complications that are a medical indication
of possible use of a controlled substance for a nonmedical purpose.
new text end

new text begin (b) If the test results are positive, the physician shall report the results under section
260E.31. A negative test result does not eliminate the obligation to report under section
260E.31 if other evidence gives the physician reason to believe the patient has used a
controlled substance for a nonmedical purpose.
new text end

new text begin Subd. 2. new text end

new text begin Newborns. new text end

new text begin (a) A physician shall administer to each newborn infant born under
the physician's care a toxicology test to determine whether there is evidence of prenatal
exposure to a controlled substance, if the physician has reason to believe based on a medical
assessment of the mother or the infant that the mother used a controlled substance for a
nonmedical purpose during the pregnancy.
new text end

new text begin (b) If the test results are positive, the physician shall report the results as neglect under
section 260E.03. A negative test result does not eliminate the obligation to report under this
chapter if other medical evidence of prenatal exposure to a controlled substance is present.
new text end

new text begin Subd. 3. new text end

new text begin Report to Department of Health. new text end

new text begin Physicians shall report to the Department
of Health the results of tests performed under subdivisions 1 and 2. A report shall be made
on the certificate of live birth medical supplement or the report of fetal death medical
supplement filed on or after February 1, 1991. The reports are medical data under section
13.384.
new text end

new text begin Subd. 4. new text end

new text begin Reliability of tests. new text end

new text begin A positive test result reported under this section must be
obtained from a confirmatory test performed by a drug testing laboratory that meets the
requirements of section 181.953 and must be performed according to the requirements for
performance of confirmatory tests imposed by the licensing, accreditation, or certification
program listed in section 181.953, subdivision 1, in which the laboratory participates.
new text end

Sec. 33.

new text begin [260E.33] RECONSIDERATION AND APPEAL OF MALTREATMENT
DETERMINATION FOLLOWING INVESTIGATION.
new text end

new text begin Subdivision 1. new text end

new text begin Following family assessment. new text end

new text begin Administrative reconsideration is not
applicable in a family assessment since no determination concerning maltreatment is made.
new text end

new text begin Subd. 2. new text end

new text begin Request for reconsideration. new text end

new text begin (a) Except as provided under subdivision 5, an
individual or facility that the commissioner of human services, a local welfare agency, or
the commissioner of education determines has maltreated a child, an interested person acting
on behalf of the child, regardless of the determination, who contests the investigating agency's
final determination regarding maltreatment, may request the investigating agency to
reconsider its final determination regarding maltreatment. The request for reconsideration
must be submitted in writing to the investigating agency within 15 calendar days after receipt
of notice of the final determination regarding maltreatment or, if the request is made by an
interested person who is not entitled to notice, within 15 days after receipt of the notice by
the parent or guardian of the child. If mailed, the request for reconsideration must be
postmarked and sent to the investigating agency within 15 calendar days of the individual's
or facility's receipt of the final determination. If the request for reconsideration is made by
personal service, it must be received by the investigating agency within 15 calendar days
after the individual's or facility's receipt of the final determination.
new text end

new text begin (b) An individual who was determined to have maltreated a child under this chapter and
who was disqualified on the basis of serious or recurring maltreatment under sections
245C.14 and 245C.15 may request reconsideration of the maltreatment determination and
the disqualification. The request for reconsideration of the maltreatment determination and
the disqualification must be submitted within 30 calendar days of the individual's receipt
of the notice of disqualification under sections 245C.16 and 245C.17. If mailed, the request
for reconsideration of the maltreatment determination and the disqualification must be
postmarked and sent to the investigating agency within 30 calendar days of the individual's
receipt of the maltreatment determination and notice of disqualification. If the request for
reconsideration is made by personal service, it must be received by the investigating agency
within 30 calendar days after the individual's receipt of the notice of disqualification.
new text end

new text begin Subd. 3. new text end

new text begin Request for fair hearing. new text end

new text begin (a) Except as provided under subdivisions 5 and 6,
if the investigating agency denies the request or fails to act upon the request within 15
working days after receiving the request for reconsideration, the person or facility entitled
to a fair hearing under section 256.045 may submit to the commissioner of human services
or the commissioner of education a written request for a hearing under section 256.045.
Section 256.045 also governs hearings requested to contest a final determination of the
commissioner of education. The investigating agency shall notify persons who request
reconsideration of their rights under this paragraph. The hearings specified under this section
are the only administrative appeal of a decision issued under subdivision 2. Determinations
under this section are not subject to accuracy and completeness challenges under section
13.04.
new text end

new text begin (b) Except as provided under subdivision 6, if an individual or facility contests the
investigating agency's final determination regarding maltreatment by requesting a fair
hearing under section 256.045, the commissioner of human services shall ensure that the
hearing is conducted and a decision is reached within 90 days of receipt of the request for
a hearing. The time for action on the decision may be extended for as many days as the
hearing is postponed or the record is held open for the benefit of either party.
new text end

new text begin Subd. 4. new text end

new text begin Change of maltreatment determination. new text end

new text begin If, as a result of a reconsideration
or fair hearing, the investigating agency changes the determination of maltreatment, that
agency shall notify every parent, guardian, or legal custodian previously notified of the
investigation, the commissioner of the agency responsible for assessing or investigating the
report, the local welfare agency, and, if applicable, the director of the facility and the private
licensing agency.
new text end

new text begin Subd. 5. new text end

new text begin Consolidation. new text end

new text begin If an individual was disqualified under sections 245C.14 and
245C.15 on the basis of a determination of maltreatment which was serious or recurring,
and the individual requested reconsideration of the maltreatment determination under
subdivision 2 and requested reconsideration of the disqualification under sections 245C.21
to 245C.27, reconsideration of the maltreatment determination and reconsideration of the
disqualification shall be consolidated into a single fair hearing. If reconsideration of the
maltreatment determination is denied and the individual remains disqualified following a
reconsideration decision, the individual may request a fair hearing under section 256.045.
If an individual requests a fair hearing on the maltreatment determination and the
disqualification, the scope of the fair hearing shall include both the maltreatment
determination and the disqualification.
new text end

new text begin Subd. 6. new text end

new text begin Contested case hearing. new text end

new text begin If a maltreatment determination or a disqualification
based on serious or recurring maltreatment is the basis for a denial of a license under section
245A.05 or a licensing sanction under section 245A.07, the license holder has the right to
a contested case hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to
1400.8612. As provided for under section 245A.08, subdivision 2a, the scope of the contested
case hearing shall include the maltreatment determination, disqualification, and licensing
sanction or denial of a license. In such cases, a fair hearing regarding the maltreatment
determination and disqualification shall not be conducted under section 256.045. Except
for family child care and child foster care, reconsideration of a maltreatment determination
as provided under this subdivision, and reconsideration of a disqualification as provided
under section 245C.22, shall also not be conducted when:
new text end

new text begin (1) a denial of a license under section 245A.05 or a licensing sanction under section
245A.07 is based on a determination that the license holder is responsible for maltreatment
or the disqualification of a license holder based on serious or recurring maltreatment;
new text end

new text begin (2) the denial of a license or licensing sanction is issued at the same time as the
maltreatment determination or disqualification; and
new text end

new text begin (3) the license holder appeals the maltreatment determination or disqualification and
denial of a license or licensing sanction.
new text end

new text begin Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment
determination or disqualification, but does not appeal the denial of a license or a licensing
sanction, reconsideration of the maltreatment determination shall be conducted under
subdivision 2 and section 626.557, subdivision 9d, and reconsideration of the disqualification
shall be conducted under section 245C.22. In such cases, a fair hearing shall also be
conducted as provided under subdivision 2 and sections 245C.27 and 626.557, subdivision
9d.
new text end

new text begin If the disqualified subject is an individual other than the license holder and upon whom
a background study must be conducted under chapter 245C, the hearings of all parties may
be consolidated into a single contested case hearing upon consent of all parties and the
administrative law judge.
new text end

new text begin Subd. 7. new text end

new text begin Process for correction order or decertification. new text end

new text begin If a maltreatment determination
is the basis for a correction order under section 245H.06 or decertification under section
245H.07, the certification holder has the right to request reconsideration under sections
245H.06 and 245H.07. If the certification holder appeals the maltreatment determination
or disqualification, but does not appeal the correction order or decertification, reconsideration
of the maltreatment determination shall be conducted under subdivision 2 and reconsideration
of the disqualification shall be conducted under section 245C.22.
new text end

Sec. 34.

new text begin [260E.34] IMMUNITY.
new text end

new text begin (a) The following persons are immune from any civil or criminal liability that otherwise
might result from the person's actions, if the person is acting in good faith:
new text end

new text begin (1) a person making a voluntary or mandated report under this chapter or assisting in an
assessment under this chapter;
new text end

new text begin (2) a person with responsibility for performing duties under this section or supervisor
employed by a local welfare agency, the commissioner of an agency responsible for operating
or supervising a licensed or unlicensed day care facility, residential facility, agency, hospital,
sanitarium, or other facility or institution required to be licensed or certified under sections
144.50 to 144.58; 241.021; 245A.01 to 245A.16; or chapter 245B or 245H; 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,
complying with sections 260E.23, subdivisions 2 and 3, and 260E.30; and
new text end

new text begin (3) a public or private school, facility as defined in section 260E.03, or the employee of
any public or private school or facility who permits access by a local welfare agency, the
Department of Education, or a local law enforcement agency and assists in an investigation
or assessment pursuant to this chapter.
new text end

new text begin (b) A person who is a supervisor or person with responsibility for performing duties
under this chapter employed by a local welfare agency, the commissioner of human services,
or the commissioner of education complying with this chapter or any related rule or provision
of law is immune from any civil or criminal liability that might otherwise result from the
person's actions, if the person is (1) acting in good faith and exercising due care, or (2)
acting in good faith and following the information collection procedures established under
section 260E.20, subdivision 3.
new text end

new text begin (c) Any physician or other medical personnel administering a toxicology test under
section 260E.32 to determine the presence of a controlled substance in a pregnant woman,
in a woman within eight hours after delivery, or in a child at birth or during the first month
of life is immune from civil or criminal liability arising from administration of the test, if
the physician ordering the test believes in good faith that the test is required under this
section and the test is administered in accordance with an established protocol and reasonable
medical practice.
new text end

new text begin (d) This section does not provide immunity to any person for failure to make a required
report or for committing maltreatment.
new text end

new text begin (e) If a person who makes a voluntary or mandatory report under section 260E.06 prevails
in a civil action from which the person has been granted immunity under this section, the
court may award the person attorney fees and costs.
new text end

Sec. 35.

new text begin [260E.35] DATA PRACTICES.
new text end

new text begin Subdivision 1. new text end

new text begin Maintaining data. new text end

new text begin Notwithstanding the data's classification in the
possession of any other agency, data acquired by the local welfare agency or the agency
responsible for assessing or investigating the report during the course of the assessment or
investigation are private data on individuals and must be maintained according to this section.
new text end

new text begin Subd. 2. new text end

new text begin Data collected during investigation of maltreatment in school. new text end

new text begin (a) Data of
the commissioner of education collected or maintained during and for the purpose of an
investigation of alleged maltreatment in a school are governed by this chapter,
notwithstanding the data's classification as educational, licensing, or personnel data under
chapter 13.
new text end

new text begin (b) In conducting an investigation involving a school facility as defined in section
260E.03, subdivision 6, clause (2), the commissioner of education shall collect investigative
reports and data that are relevant to a report of maltreatment from local law enforcement
and the school facility.
new text end

new text begin Subd. 3. new text end

new text begin Classification and release of data. new text end

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

new text begin (b) All reports and records created, collected, or maintained under this chapter by a local
welfare agency or law enforcement agency may be disclosed to a local welfare or other
child welfare agency of another state when the agency certifies that:
new text end

new text begin (1) the reports and records are necessary to conduct an investigation of actions that would
qualify as maltreatment under this chapter; and
new text end

new text begin (2) the reports and records will be used only for purposes of a child protection assessment
or investigation and will not be further disclosed to any other person or agency.
new text end

new text begin (c) The local social service agency or law enforcement agency in this state shall keep a
record of all records or reports disclosed pursuant to this subdivision and of any agency to
which the records or reports are disclosed. If in any case records or reports are disclosed
before a determination is made under section 260E.24, subdivision 3, paragraph (a), or a
disposition of a criminal proceeding is reached, the local social service agency or law
enforcement agency in this state shall forward the determination or disposition to any agency
that has received a report or record under this subdivision.
new text end

new text begin (d) The responsible authority of a local welfare agency or the responsible authority's
designee may release private or confidential data on an active case involving assessment
or investigation of actions that are defined as maltreatment under this chapter to a court
services agency if:
new text end

new text begin (1) the court services agency has an active case involving a common client who is the
subject of the data; and
new text end

new text begin (2) the data are necessary for the court services agency to effectively process the court
services agency's case, including investigating or performing other duties relating to the
case required by law.
new text end

new text begin (e) The data disclosed under paragraph (d) may be used only for purposes of the active
court services case described in paragraph (d), clause (1), and may not be further disclosed
to any other person or agency, except as authorized by law.
new text end

new text begin (f) Records maintained under subdivision 4, paragraph (b), may be shared with another
local welfare agency that requests the information because it is conducting an assessment
or investigation under this section of the subject of the records.
new text end

new text begin (g) Except as provided in paragraphs (b), (h), (i), (p), and (q); subdivision 1; and sections
260E.22, subdivision 2; and 260E.23, all records concerning individuals maintained by a
local welfare agency or agency responsible for assessing or investigating the report under
this chapter, including any written reports filed under sections 260E.06 and 260E.09, shall
be private data on individuals, except insofar as copies of reports are required by section
260E.12, subdivision 1 or 2, to be sent to the local police department or the county sheriff.
new text end

new text begin (h) All records concerning determinations of maltreatment by a facility are nonpublic
data as maintained by the Department of Education, except insofar as copies of reports are
required by section 260E.12, subdivision 1 or 2, to be sent to the local police department
or the county sheriff.
new text end

new text begin (i) Reports maintained by any police department or the county sheriff shall be private
data on individuals, except the reports shall be made available to the investigating, petitioning,
or prosecuting authority, including a county medical examiner or county coroner.
new text end

new text begin (j) Section 13.82, subdivisions 8, 9, and 14, apply to law enforcement data other than
the reports.
new text end

new text begin (k) The local welfare agency or agency responsible for assessing or investigating the
report shall make available to the investigating, petitioning, or prosecuting authority,
including a county medical examiner or county coroner or a professional delegate, any
records that contain information relating to a specific incident of maltreatment that is under
investigation, petition, or prosecution and information relating to any prior incident of
maltreatment involving any of the same persons. The records shall be collected and
maintained according to chapter 13.
new text end

new text begin (l) An individual subject of a record shall have access to the record according to those
sections, except that the name of the reporter shall be confidential while the report is under
assessment or investigation except as otherwise permitted by this section.
new text end

new text begin (m) Any person conducting an investigation or assessment under this section who
intentionally discloses the identity of a reporter before the completion of the investigation
or assessment is guilty of a misdemeanor. After the assessment or investigation is completed,
the name of the reporter shall be confidential. The subject of the report may compel disclosure
of the name of the reporter only with the consent of the reporter or upon a written finding
by the court that the report was false and that there is evidence that the report was made in
bad faith. This subdivision does not alter disclosure responsibilities or obligations under
the Rules of Criminal Procedure.
new text end

new text begin (n) Upon request of the legislative auditor, data on individuals maintained under this
chapter must be released to the legislative auditor in order for the auditor to fulfill the
auditor's duties under section 3.971. The auditor shall maintain the data according to chapter
13.
new text end

new text begin (o) Active law enforcement investigative data received by a local welfare agency or
agency responsible for assessing or investigating the report under this chapter are confidential
data on individuals. When this data become inactive in the law enforcement agency, the
data are private data on individuals.
new text end

new text begin (p) Section 13.03, subdivision 4, applies to data received by the commissioner of
education from a licensing entity.
new text end

new text begin Subd. 4. new text end

new text begin Data disclosed to reporter. new text end

new text begin (a) A local welfare or child protection agency, or
the agency responsible for assessing or investigating the report of maltreatment, shall provide
relevant private data on individuals obtained under this chapter to a mandated reporter who
made the report and who has an ongoing responsibility for the health, education, or welfare
of a child affected by the data, unless the agency determines that providing the data would
not be in the best interests of the child.
new text end

new text begin (b) The agency may provide the data to other mandated reporters with ongoing
responsibility for the health, education, or welfare of the child. Mandated reporters with
ongoing responsibility for the health, education, or welfare of a child affected by the data
include the child's teachers or other appropriate school personnel, foster parents, health care
providers, respite care workers, therapists, social workers, child care providers, residential
care staff, crisis nursery staff, probation officers, and court services personnel. Under this
chapter, a mandated reporter need not have made the report to be considered a person with
ongoing responsibility for the health, education, or welfare of a child affected by the data.
Data provided under this chapter must be limited to data pertinent to the individual's
responsibility for caring for the child.
new text end

new text begin (c) A reporter who receives private data on individuals under this subdivision must treat
the data according to that classification, regardless of whether the reporter is an employee
of a government entity. The remedies and penalties under sections 13.08 and 13.09 apply
if a reporter releases data in violation of this chapter or other law.
new text end

new text begin Subd. 5. new text end

new text begin Data provided to commissioner of education. new text end

new text begin The commissioner of education
must be provided with all requested data that are relevant to a report of maltreatment and
are in possession of a school facility as defined in section 260E.03, subdivision 6, clause
(2), when the data are requested pursuant to an assessment or investigation of a maltreatment
report of a student in a school. If the commissioner of education makes a determination of
maltreatment involving an individual performing work within a school facility who is
licensed by a board or other agency, the commissioner shall provide a copy of its offender
maltreatment determination report to the licensing entity with all student-identifying
information removed. The offender maltreatment determination report shall include but is
not limited to the following sections: report of alleged maltreatment; legal standard;
investigation; summary of findings; determination; corrective action by a school;
reconsideration process; and a listing of records related to the investigation. Notwithstanding
section 13.03, subdivision 4, data received by a licensing entity under this paragraph are
governed by section 13.41 or other applicable law governing data of the receiving entity,
except that this section applies to the classification of and access to data on the reporter of
the maltreatment.
new text end

new text begin Subd. 6. new text end

new text begin Data retention. new text end

new text begin (a) Notwithstanding sections 138.163 and 138.17, a record
maintained or a record derived from a report of maltreatment by a local welfare agency,
agency responsible for assessing or investigating the report, court services agency, or school
under this chapter shall be destroyed as provided in paragraphs (b) to (e) by the responsible
authority.
new text end

new text begin (b) For a report alleging maltreatment that was not accepted for assessment or
investigation, a family assessment case, and a case where an investigation results in no
determination of maltreatment or the need for child protective services, the record must be
maintained for a period of five years after the date the report was not accepted for assessment
or investigation or the date of the final entry in the case record. A record of a report that
was not accepted must contain sufficient information to identify the subjects of the report,
the nature of the alleged maltreatment, and the reasons as to why the report was not accepted.
Records under this paragraph may not be used for employment, background checks, or
purposes other than to assist in future screening decisions and risk and safety assessments.
new text end

new text begin (c) All records relating to reports that, upon investigation, indicate either maltreatment
or a need for child protective services shall be maintained for ten years after the date of the
final entry in the case record.
new text end

new text begin (d) All records regarding a report of maltreatment, including a notification of intent to
interview that was received by a school under section 260E.22, subdivision 7, shall be
destroyed by the school when ordered to do so by the agency conducting the assessment or
investigation. The agency shall order the destruction of the notification when other records
relating to the report under investigation or assessment are destroyed under this subdivision.
new text end

new text begin (e) Private or confidential data released to a court services agency under subdivision 3,
paragraph (d), must be destroyed by the court services agency when ordered to do so by the
local welfare agency that released the data. The local welfare agency or agency responsible
for assessing or investigating the report shall order destruction of the data when other records
relating to the assessment or investigation are destroyed under this subdivision.
new text end

new text begin Subd. 7. new text end

new text begin Disclosure to public. new text end

new text begin (a) Notwithstanding any other provision of law and
subject to this subdivision, a public agency shall disclose to the public, upon request, the
findings and information related to a child fatality or near fatality if:
new text end

new text begin (1) a person is criminally charged with having caused the child fatality or near fatality;
new text end

new text begin (2) a county attorney certifies that a person would have been charged with having caused
the child fatality or near fatality but for that person's death; or
new text end

new text begin (3) a child protection investigation resulted in a determination of maltreatment.
new text end

new text begin (b) Findings and information disclosed under this subdivision consist of a written
summary that includes any of the following information the agency is able to provide:
new text end

new text begin (1) the cause and circumstances regarding the child fatality or near fatality;
new text end

new text begin (2) the age and gender of the child;
new text end

new text begin (3) information on any previous reports of maltreatment that are pertinent to the
maltreatment that led to the child fatality or near fatality;
new text end

new text begin (4) information on any previous investigations that are pertinent to the maltreatment that
led to the child fatality or near fatality;
new text end

new text begin (5) the result of any investigations described in clause (4);
new text end

new text begin (6) actions of and services provided by the local welfare agency on behalf of a child that
are pertinent to the maltreatment that led to the child fatality or near fatality; and
new text end

new text begin (7) the result of any review of the state child mortality review panel, a local child mortality
review panel, a local community child protection team, or any public agency.
new text end

new text begin (c) Nothing in this subdivision authorizes access to the private data in the custody of a
local welfare agency, or the disclosure to the public of the records or content of any
psychiatric, psychological, or therapeutic evaluation, or the disclosure of information that
would reveal the identities of persons who provided information related to maltreatment of
the child.
new text end

new text begin (d) A person whose request is denied may apply to the appropriate court for an order
compelling disclosure of all or part of the findings and information of the public agency.
The application must set forth, with reasonable particularity, factors supporting the
application. The court has jurisdiction to issue these orders. Actions under this chapter must
be set down for immediate hearing, and subsequent proceedings in those actions must be
given priority by the appellate courts.
new text end

new text begin (e) A public agency or its employees acting in good faith in disclosing or declining to
disclose information under this chapter are immune from criminal or civil liability that might
otherwise be incurred or imposed for that action.
new text end

new text begin Subd. 8. new text end

new text begin Disclosure not required. new text end

new text begin When interviewing a child under this chapter, an
individual does not include the parent or guardian of the child for purposes of section 13.04,
subdivision 2, when the parent or guardian is the alleged offender.
new text end

Sec. 36.

new text begin [260E.36] SPECIALIZED TRAINING AND EDUCATION REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Job classification; continuing education. new text end

new text begin (a) The commissioner of
human services, for employees subject to the Minnesota Merit System, and directors of
county personnel systems, for counties not subject to the Minnesota Merit System, shall
establish a job classification consisting exclusively of persons with the specialized knowledge,
skills, and experience required to satisfactorily perform child protection duties pursuant to
this chapter.
new text end

new text begin (b) All child protection workers or social services staff having responsibility for child
protection duties under this chapter shall receive 15 hours of continuing education or
in-service training each year relevant to providing child protective services. The local welfare
agency shall maintain a record of training completed by each employee having responsibility
for performing child protection duties.
new text end

new text begin Subd. 2. new text end

new text begin Child protection worker foundation education. new text end

new text begin An individual who seeks
employment as a child protection worker after the commissioner of human services has
implemented the foundation training program developed under section 260E.37 must
complete competency-based foundation training during their first six months of employment
as a child protection worker.
new text end

new text begin Subd. 3. new text end

new text begin Background studies. new text end

new text begin (a) County employees hired on or after July 1, 2015, who
have responsibility for child protection duties or current county employees who are assigned
new child protection duties on or after July 1, 2015, are required to undergo a background
study. A county may complete these background studies by either:
new text end

new text begin (1) use of the Department of Human Services NETStudy 2.0 system according to sections
245C.03 and 245C.10; or
new text end

new text begin (2) an alternative process defined by the county.
new text end

new text begin (b) County social services agencies and local welfare agencies must initiate background
studies before an individual begins a position allowing direct contact with persons served
by the agency.
new text end

new text begin Subd. 4. new text end

new text begin Joint training. new text end

new text begin The commissioners of human services and public safety shall
cooperate in the development of a joint program for training child maltreatment services
professionals in the appropriate techniques for child maltreatment assessment and
investigation. The program shall include but need not be limited to the following areas:
new text end

new text begin (1) the public policy goals of the state as set forth in section 260C.001 and the role of
the assessment or investigation in meeting these goals;
new text end

new text begin (2) the special duties of child protection workers and law enforcement officers under
this chapter;
new text end

new text begin (3) the appropriate methods for directing and managing affiliated professionals who
may be utilized in providing protective services and strengthening family ties;
new text end

new text begin (4) the appropriate methods for interviewing alleged victims of child maltreatment and
other children in the course of performing an assessment or an investigation;
new text end

new text begin (5) the dynamics of child maltreatment within family systems and the appropriate methods
for interviewing parents in the course of the assessment or investigation, including training
in recognizing cases in which one of the parents is a victim of domestic abuse and in need
of special legal or medical services;
new text end

new text begin (6) the legal, evidentiary considerations that may be relevant to the conduct of an
assessment or an investigation;
new text end

new text begin (7) the circumstances under which it is appropriate to remove the alleged offender or
the alleged victim from the home;
new text end

new text begin (8) the protective social services that are available to protect alleged victims from further
maltreatment, to prevent child maltreatment and domestic abuse, and to preserve the family
unit; and training in the preparation of case plans to coordinate services for the alleged child
victim with services for any parents who are victims of domestic abuse;
new text end

new text begin (9) the methods by which child protection workers and law enforcement workers
cooperate in conducting assessments and investigations in order to avoid duplication of
efforts; and
new text end

new text begin (10) appropriate methods for interviewing alleged victims and conducting investigations
in cases where the alleged victim is developmentally, physically, or mentally disabled.
new text end

new text begin Subd. 5. new text end

new text begin Priority training. new text end

new text begin The commissioners of human services and public safety
shall provide the program courses described in subdivision 2 at convenient times and
locations in the state. The commissioners shall give training priority in the program areas
cited in subdivision 2 to persons currently performing assessments and investigations
pursuant to this chapter.
new text end

new text begin Subd. 6. new text end

new text begin Revenue. new text end

new text begin (a) The commissioner of human services shall add the following
funds to the funds appropriated under section 260E.37, subdivision 2, to develop and support
training.
new text end

new text begin (b) The commissioner of human services shall submit claims for federal reimbursement
earned through the activities and services supported through Department of Human Services
child protection or child welfare training funds. Federal revenue earned must be used to
improve and expand training services by the department. The department expenditures
eligible for federal reimbursement under this section must not be made from federal funds
or funds used to match other federal funds.
new text end

new text begin (c) Each year, the commissioner of human services shall withhold from funds distributed
to each county under Minnesota Rules, parts 9550.0300 to 9550.0370, an amount equivalent
to 1.5 percent of each county's annual title XX allocation under section 256M.50. The
commissioner must use these funds to ensure decentralization of training.
new text end

new text begin (d) The federal revenue under this subdivision is available for these purposes until the
funds are expended.
new text end

Sec. 37.

new text begin [260E.37] CHILD PROTECTION WORKERS; TRAINING.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have the
meanings given unless the specific context indicates otherwise.
new text end

new text begin (b) "Advanced training" means training provided to a local child protection worker after
the person has performed an initial six months of employment as a child protection worker.
new text end

new text begin (c) "Child protection agency" means an agency authorized to receive reports, conduct
assessments and investigations, and make determinations pursuant to this chapter.
new text end

new text begin (d) "Child protection services" means the receipt and assessment of reports of
maltreatment and the provision of services to families and children when maltreatment has
occurred or when there is risk of maltreatment. These services include:
new text end

new text begin (1) the assessment of risk to a child alleged to have been maltreated;
new text end

new text begin (2) interviews of any person alleged to have maltreated a child and the child or children
involved in the report, and interviews with persons having facts or knowledge necessary to
assess the level of risk to a child and the need for protective intervention;
new text end

new text begin (3) the gathering of written or evidentiary materials;
new text end

new text begin (4) the recording of case findings and determinations; and
new text end

new text begin (5) other actions required by this chapter, administrative rule, or agency policy.
new text end

new text begin (e) "Competency-based training" means a course of instruction that provides both
information and skills practice, which is based upon clearly stated and measurable
instructional objectives, and which requires demonstration of the achievement of a particular
standard of skills and knowledge for satisfactory completion.
new text end

new text begin (f) "Foundation training" means training provided to a local child protection worker
after the person has begun to perform child protection duties, but before the expiration of
six months of employment as a child protection worker. This foundation training must occur
during the performance of job duties and must include an evaluation of the employee's
application of skills and knowledge.
new text end

new text begin Subd. 2. new text end

new text begin Training program; development. new text end

new text begin The commissioner of human services shall
develop a program of competency-based foundation and advanced training for child
protection workers if funds are appropriated to the commissioner for this purpose.
new text end

Sec. 38.

new text begin [260E.38] AUDIT.
new text end

new text begin Subdivision 1. new text end

new text begin Audit required. new text end

new text begin The commissioner shall regularly audit for accuracy
the data reported by counties on maltreatment of children.
new text end

new text begin Subd. 2. new text end

new text begin Audit procedure. new text end

new text begin The commissioner shall develop a plan to perform quality
assurance reviews of local welfare agency screening practices and decisions. The
commissioner shall provide oversight and guidance to counties to ensure consistent
application of screening guidelines, thorough and appropriate screening decisions, and
correct documentation and maintenance of reports.
new text end

new text begin Subd. 3. new text end

new text begin Report required. new text end

new text begin The commissioner shall produce an annual report of the
summary results of the reviews. The report must only contain aggregate data and may not
include any data that could be used to personally identify any subject whose data is included
in the report. The report is public information and must be provided to the chairs and ranking
minority members of the legislative committees having jurisdiction over child protection
issues.
new text end

Sec. 39. new text beginREPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2018, sections 626.556, subdivisions 1, 3, 3a, 3c, 3d, 3f, 4, 4a,
5, 6, 6a, 7, 7a, 8, 9, 10a, 10b, 10c, 10d, 10e, 10f, 10g, 10h, 10i, 10j, 10k, 10l, 10m, 10n,
11a, 11b, 11c, 11d, 12, 14, 15, and 16; 626.5561; 626.5562; 626.558; 626.559, subdivisions
1, 1a, 1b, 2, 3, and 5; 626.5591; and 626.561, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2019 Supplement, section 626.556, subdivisions 2, 3b, 3e, 10,
and 11, new text end new text begin are repealed.
new text end

ARTICLE 2

CONFORMING CHANGES

Section 1.

Minnesota Statutes 2018, section 13.32, subdivision 3, is amended to read:

Subd. 3.

Private data; when disclosure is permitted.

Except as provided in subdivision
5, educational data is private data on individuals and shall not be disclosed except as follows:

(a) pursuant to section 13.05;

(b) pursuant to a valid court order;

(d) to disclose information in health, including mental health, and safety emergencies
pursuant to the provisions of United States Code, title 20, section 1232g(b)(1)(I) and Code
of Federal Regulations, title 34, section 99.36;

(e) pursuant to the provisions of United States Code, title 20, sections 1232g(b)(1),
(b)(4)(A), (b)(4)(B), (b)(1)(B), (b)(3), (b)(6), (b)(7), and (i), and Code of Federal Regulations,
title 34, sections 99.31, 99.32, 99.33, 99.34, 99.35, and 99.39;

(f) to appropriate health authorities to the extent necessary to administer immunization
programs and for bona fide epidemiologic investigations which the commissioner of health
determines are necessary to prevent disease or disability to individuals in the public
educational agency or institution in which the investigation is being conducted;

(g) when disclosure is required for institutions that participate in a program under title
IV of the Higher Education Act, United States Code, title 20, section 1092;

(h) to the appropriate school district officials to the extent necessary under subdivision
6, annually to indicate the extent and content of remedial instruction, including the results
of assessment testing and academic performance at a postsecondary institution during the
previous academic year by a student who graduated from a Minnesota school district within
two years before receiving the remedial instruction;

(i) to appropriate authorities as provided in United States Code, title 20, section
1232g(b)(1)(E)(ii), if the data concern the juvenile justice system and the ability of the
system to effectively serve, prior to adjudication, the student whose records are released;
provided that the authorities to whom the data are released submit a written request for the
data that certifies that the data will not be disclosed to any other person except as authorized
by law without the written consent of the parent of the student and the request and a record
of the release are maintained in the student's file;

(j) to volunteers who are determined to have a legitimate educational interest in the data
and who are conducting activities and events sponsored by or endorsed by the educational
agency or institution for students or former students;

(k) to provide student recruiting information, from educational data held by colleges
and universities, as required by and subject to Code of Federal Regulations, title 32, section
216;

(l) to the juvenile justice system if information about the behavior of a student who poses
a risk of harm is reasonably necessary to protect the health or safety of the student or other
individuals;

(m) with respect to Social Security numbers of students in the adult basic education
system, to Minnesota State Colleges and Universities and the Department of Employment
and Economic Development for the purpose and in the manner described in section 124D.52,
subdivision 7;

(n) to the commissioner of education for purposes of an assessment or investigation of
a report of alleged maltreatment of a student as mandated by deleted text beginsection 626.556deleted text endnew text begin chapter 260Enew text end.
Upon request by the commissioner of education, data that are relevant to a report of
maltreatment and are from charter school and school district investigations of alleged
maltreatment of a student must be disclosed to the commissioner, including, but not limited
to, the following:

(1) information regarding the student alleged to have been maltreated;

(2) information regarding student and employee witnesses;

(3) information regarding the alleged perpetrator; and

(4) what corrective or protective action was taken, if any, by the school facility in response
to a report of maltreatment by an employee or agent of the school or school district;

(o) when the disclosure is of the final results of a disciplinary proceeding on a charge
of a crime of violence or nonforcible sex offense to the extent authorized under United
States Code, title 20, section 1232g(b)(6)(A) and (B) and Code of Federal Regulations, title
34, sections 99.31 (a)(13) and (14);

(p) when the disclosure is information provided to the institution under United States
Code, title 42, section 14071, concerning registered sex offenders to the extent authorized
under United States Code, title 20, section 1232g(b)(7); or

(q) when the disclosure is to a parent of a student at an institution of postsecondary
education regarding the student's violation of any federal, state, or local law or of any rule
or policy of the institution, governing the use or possession of alcohol or of a controlled
substance, to the extent authorized under United States Code, title 20, section 1232g(i), and
Code of Federal Regulations, title 34, section 99.31 (a)(15), and provided the institution
has an information release form signed by the student authorizing disclosure to a parent.
The institution must notify parents and students about the purpose and availability of the
information release forms. At a minimum, the institution must distribute the information
release forms at parent and student orientation meetings.

Sec. 2.

Minnesota Statutes 2018, section 13.3805, subdivision 3, is amended to read:

Subd. 3.

Office of Health Facility Complaints; investigative data.

Except for
investigative data under deleted text beginsection 626.556deleted text endnew text begin chapter 260Enew text end, all investigative data maintained by
the Department of Health's Office of Health Facility Complaints are subject to provisions
of and classified pursuant to section 626.557, subdivision 12b, paragraphs (b) to (d).
Notwithstanding sections deleted text begin626.556, subdivision 11,deleted text endnew text begin 260E.21, subdivision 4; 260E.35;new text end and
626.557, subdivision 12b, paragraph (b), data identifying an individual substantiated as the
perpetrator are public data. For purposes of this subdivision, an individual is substantiated
as the perpetrator if the commissioner of health determines that the individual is the
perpetrator and the determination of the commissioner is upheld after the individual either
exercises applicable administrative appeal rights or fails to exercise these rights within the
time allowed by law.

Sec. 3.

Minnesota Statutes 2018, section 13.43, subdivision 14, is amended to read:

Subd. 14.

Maltreatment data.

(a) When a report of alleged maltreatment of a student
in a school facility, as defined in section deleted text begin626.556, subdivision 2, paragraph (c)deleted text endnew text begin 260E.03,
subdivision 6new text end, is made to the commissioner of education under deleted text beginsection 626.556deleted text endnew text begin chapter
260Enew text end, data that are relevant to a report of maltreatment and are collected by the school
facility about the person alleged to have committed maltreatment must be provided to the
commissioner of education upon request for purposes of an assessment or investigation of
the maltreatment report. Data received by the commissioner of education pursuant to these
assessments or investigations are classified under deleted text beginsection 626.556deleted text endnew text begin chapter 260Enew text end.

(b) Personnel data may be released for purposes of providing information to a parent,
legal guardian, or custodian of a child under section deleted text begin626.556, subdivision 7deleted text endnew text begin 260E.15new text end.

Sec. 4.

Minnesota Statutes 2019 Supplement, section 13.46, subdivision 3, is amended to
read:

Subd. 3.

Investigative data.

(a) Data on persons, including data on vendors of services,
licensees, and applicants that is collected, maintained, used, or disseminated by the welfare
system in an investigation, authorized by statute, and relating to the enforcement of rules
or law are confidential data on individuals pursuant to section 13.02, subdivision 3, or
protected nonpublic data not on individuals pursuant to section 13.02, subdivision 13, and
shall not be disclosed except:

(1) pursuant to section 13.05;

(2) pursuant to statute or valid court order;

(3) to a party named in a civil or criminal proceeding, administrative or judicial, for
preparation of defense;

(4) to an agent of the welfare system or an investigator acting on behalf of a county,
state, or federal government, including a law enforcement officer or attorney in the
investigation or prosecution of a criminal, civil, or administrative proceeding, unless the
commissioner of human services determines that disclosure may compromise a Department
of Human Services ongoing investigation; or

(5) to provide notices required or permitted by statute.

The data referred to in this subdivision shall be classified as public data upon submission
to an administrative law judge or court in an administrative or judicial proceeding. Inactive
welfare investigative data shall be treated as provided in section 13.39, subdivision 3.

(b) Notwithstanding any other provision in law, the commissioner of human services
shall provide all active and inactive investigative data, including the name of the reporter
of alleged maltreatment under section deleted text begin626.556 ordeleted text end 626.557new text begin or chapter 260Enew text end, to the ombudsman
for mental health and developmental disabilities upon the request of the ombudsman.

(c) Notwithstanding paragraph (a) and section 13.39, the existence of an investigation
by the commissioner of human services of possible overpayments of public funds to a service
provider or recipient may be disclosed if the commissioner determines that it will not
compromise the investigation.

Sec. 5.

Minnesota Statutes 2019 Supplement, section 13.46, subdivision 4, is amended to
read:

Subd. 4.

Licensing data.

(a) As used in this subdivision:

(1) "licensing data" are all data collected, maintained, used, or disseminated by the
welfare system pertaining to persons licensed or registered or who apply for licensure or
registration or who formerly were licensed or registered under the authority of the
commissioner of human services;

(2) "client" means a person who is receiving services from a licensee or from an applicant
for licensure; and

(3) "personal and personal financial data" are Social Security numbers, identity of and
letters of reference, insurance information, reports from the Bureau of Criminal
Apprehension, health examination reports, and social/home studies.

(b)(1)(i) Except as provided in paragraph (c), the following data on applicants, license
holders, and former licensees are public: name, address, telephone number of licensees,
date of receipt of a completed application, dates of licensure, licensed capacity, type of
client preferred, variances granted, record of training and education in child care and child
development, type of dwelling, name and relationship of other family members, previous
license history, class of license, the existence and status of complaints, and the number of
serious injuries to or deaths of individuals in the licensed program as reported to the
commissioner of human services, the local social services agency, or any other county
welfare agency. For purposes of this clause, a serious injury is one that is treated by a
physician.

(ii) Except as provided in item (v), when a correction order, an order to forfeit a fine,
an order of license suspension, an order of temporary immediate suspension, an order of
license revocation, an order of license denial, or an order of conditional license has been
issued, or a complaint is resolved, the following data on current and former licensees and
applicants are public: the general nature of the complaint or allegations leading to the
temporary immediate suspension; the substance and investigative findings of the licensing
or maltreatment complaint, licensing violation, or substantiated maltreatment; the existence
of settlement negotiations; the record of informal resolution of a licensing violation; orders
of hearing; findings of fact; conclusions of law; specifications of the final correction order,
fine, suspension, temporary immediate suspension, revocation, denial, or conditional license
contained in the record of licensing action; whether a fine has been paid; and the status of
any appeal of these actions.

(iii) When a license denial under section 245A.05 or a sanction under section 245A.07
is based on a determination that a license holder, applicant, or controlling individual is
responsible for maltreatment under section deleted text begin626.556 ordeleted text end 626.557new text begin or chapter 260Enew text end, the identity
of the applicant, license holder, or controlling individual as the individual responsible for
maltreatment is public data at the time of the issuance of the license denial or sanction.

(iv) When a license denial under section 245A.05 or a sanction under section 245A.07
is based on a determination that a license holder, applicant, or controlling individual is
disqualified under chapter 245C, the identity of the license holder, applicant, or controlling
individual as the disqualified individual and the reason for the disqualification are public
data at the time of the issuance of the licensing sanction or denial. If the applicant, license
holder, or controlling individual requests reconsideration of the disqualification and the
disqualification is affirmed, the reason for the disqualification and the reason to not set aside
the disqualification are public data.

(v) A correction order or fine issued to a child care provider for a licensing violation is
private data on individuals under section 13.02, subdivision 12, or nonpublic data under
section 13.02, subdivision 9, if the correction order or fine is seven years old or older.

(2) For applicants who withdraw their application prior to licensure or denial of a license,
the following data are public: the name of the applicant, the city and county in which the
applicant was seeking licensure, the dates of the commissioner's receipt of the initial
application and completed application, the type of license sought, and the date of withdrawal
of the application.

(3) For applicants who are denied a license, the following data are public: the name and
address of the applicant, the city and county in which the applicant was seeking licensure,
the dates of the commissioner's receipt of the initial application and completed application,
the type of license sought, the date of denial of the application, the nature of the basis for
the denial, the existence of settlement negotiations, the record of informal resolution of a
denial, orders of hearings, findings of fact, conclusions of law, specifications of the final
order of denial, and the status of any appeal of the denial.

(4) When maltreatment is substantiated under section deleted text begin626.556 ordeleted text end 626.557 new text beginor chapter
260E new text endand the victim and the substantiated perpetrator are affiliated with a program licensed
under chapter 245A, the commissioner of human services, local social services agency, or
county welfare agency may inform the license holder where the maltreatment occurred of
the identity of the substantiated perpetrator and the victim.

(5) Notwithstanding clause (1), for child foster care, only the name of the license holder
and the status of the license are public if the county attorney has requested that data otherwise
classified as public data under clause (1) be considered private data based on the best interests
of a child in placement in a licensed program.

(c) The following are private data on individuals under section 13.02, subdivision 12,
or nonpublic data under section 13.02, subdivision 9: personal and personal financial data
on family day care program and family foster care program applicants and licensees and
their family members who provide services under the license.

(d) The following are private data on individuals: the identity of persons who have made
reports concerning licensees or applicants that appear in inactive investigative data, and the
records of clients or employees of the licensee or applicant for licensure whose records are
received by the licensing agency for purposes of review or in anticipation of a contested
matter. The names of reporters of complaints or alleged violations of licensing standards
under chapters 245A, 245B, 245C, and 245D, and applicable rules and alleged maltreatment
under deleted text beginsections 626.556 anddeleted text endnew text begin sectionnew text end 626.557new text begin and chapter 260Enew text end, are confidential data and
may be disclosed only as provided in deleted text beginsection 626.556, subdivision 11,deleted text end new text beginsection 260E.21,
subdivision 4; 260E.35; new text endor 626.557, subdivision 12b.

(e) Data classified as private, confidential, nonpublic, or protected nonpublic under this
subdivision become public data if submitted to a court or administrative law judge as part
of a disciplinary proceeding in which there is a public hearing concerning a license which
has been suspended, immediately suspended, revoked, or denied.

(f) Data generated in the course of licensing investigations that relate to an alleged
violation of law are investigative data under subdivision 3.

(g) Data that are not public data collected, maintained, used, or disseminated under this
subdivision that relate to or are derived from a report as defined in section deleted text begin626.556,
subdivision 2deleted text endnew text begin 260E.03new text end, or 626.5572, subdivision 18, are subject to the destruction provisions
of sections deleted text begin626.556, subdivision 11cdeleted text endnew text begin 260E.35, subdivision 6new text end, and 626.557, subdivision 12b.

(h) Upon request, not public data collected, maintained, used, or disseminated under
this subdivision that relate to or are derived from a report of substantiated maltreatment as
defined in section deleted text begin626.556 ordeleted text end 626.557 new text beginor chapter 260E new text endmay be exchanged with the
Department of Health for purposes of completing background studies pursuant to section
144.057 and with the Department of Corrections for purposes of completing background
studies pursuant to section 241.021.

(i) Data on individuals collected according to licensing activities under chapters 245A
and 245C, data on individuals collected by the commissioner of human services according
to investigations under new text beginsection 626.557 and new text endchapters 245A, 245B, 245C, deleted text beginanddeleted text end 245D, and
deleted text begin sections 626.556 and 626.557deleted text endnew text begin 260Enew text end may be shared with the Department of Human Rights,
the Department of Health, the Department of Corrections, the ombudsman for mental health
and developmental disabilities, and the individual's professional regulatory board when
there is reason to believe that laws or standards under the jurisdiction of those agencies may
have been violated or the information may otherwise be relevant to the board's regulatory
jurisdiction. Background study data on an individual who is the subject of a background
study under chapter 245C for a licensed service for which the commissioner of human
services is the license holder may be shared with the commissioner and the commissioner's
delegate by the licensing division. Unless otherwise specified in this chapter, the identity
of a reporter of alleged maltreatment or licensing violations may not be disclosed.

(j) In addition to the notice of determinations required under deleted text beginsection 626.556, subdivision
10f,deleted text end new text beginsections 260E.24, subdivisions 5 and 7, and 260E.30, subdivision 6, paragraphs (b),
(c), (d), (e), and (f), new text endif the commissioner or the local social services agency has determined
that an individual is a substantiated perpetrator of maltreatment of a child based on sexual
abuse, as defined in section deleted text begin626.556, subdivision 2deleted text endnew text begin 260E.03new text end, and the commissioner or local
social services agency knows that the individual is a person responsible for a child's care
in another facility, the commissioner or local social services agency shall notify the head
of that facility of this determination. The notification must include an explanation of the
individual's available appeal rights and the status of any appeal. If a notice is given under
this paragraph, the government entity making the notification shall provide a copy of the
notice to the individual who is the subject of the notice.

(k) All not public data collected, maintained, used, or disseminated under this subdivision
and subdivision 3 may be exchanged between the Department of Human Services, Licensing
Division, and the Department of Corrections for purposes of regulating services for which
the Department of Human Services and the Department of Corrections have regulatory
authority.

Sec. 6.

Minnesota Statutes 2018, section 13.82, subdivision 8, is amended to read:

Subd. 8.

Child abuse identity data.

Active or inactive investigative data that identify
a victim of child abuse or neglect reported under deleted text beginsection 626.556deleted text endnew text begin chapter 260Enew text end are private
data on individuals. Active or inactive investigative data that identify a reporter of child
abuse or neglect under deleted text beginsection 626.556deleted text endnew text begin chapter 260Enew text end are confidential data on individuals,
unless the subject of the report compels disclosure under deleted text beginsection 626.556, subdivision 11deleted text endnew text begin
sections 260E.21, subdivision 4, or 260E.35new text end.

Sec. 7.

Minnesota Statutes 2018, section 13.82, subdivision 9, is amended to read:

Subd. 9.

Inactive child abuse data.

Investigative data that become inactive under
subdivision 7, clause (a) or (b), and that relate to the alleged abuse or neglect of a child by
a person responsible for the child's care, as defined in section deleted text begin626.556, subdivision 2deleted text endnew text begin 260E.03new text end,
are private data.

Sec. 8.

Minnesota Statutes 2018, section 13.82, subdivision 17, is amended to read:

Subd. 17.

Protection of identities.

A law enforcement agency or a law enforcement
dispatching agency working under direction of a law enforcement agency shall withhold
public access to data on individuals to protect the identity of individuals in the following
circumstances:

(a) when access to the data would reveal the identity of an undercover law enforcement
officer, as provided in section 13.43, subdivision 5;

(b) when access to the data would reveal the identity of a victim or alleged victim of
criminal sexual conduct or sex trafficking under section 609.322, 609.341 to 609.3451, or
617.246, subdivision 2;

(c) when access to the data would reveal the identity of a paid or unpaid informant being
used by the agency if the agency reasonably determines that revealing the identity of the
informant would threaten the personal safety of the informant;

(d) when access to the data would reveal the identity of a victim of or witness to a crime
if the victim or witness specifically requests not to be identified publicly, unless the agency
reasonably determines that revealing the identity of the victim or witness would not threaten
the personal safety or property of the individual;

(e) when access to the data would reveal the identity of a deceased person whose body
was unlawfully removed from a cemetery in which it was interred;

(f) when access to the data would reveal the identity of a person who placed a call to a
911 system or the identity or telephone number of a service subscriber whose phone is used
to place a call to the 911 system and: (1) the agency determines that revealing the identity
may threaten the personal safety or property of any person; or (2) the object of the call is
to receive help in a mental health emergency. For the purposes of this paragraph, a voice
recording of a call placed to the 911 system is deemed to reveal the identity of the caller;

(g) when access to the data would reveal the identity of a juvenile witness and the agency
reasonably determines that the subject matter of the investigation justifies protecting the
identity of the witness; or

(h) when access to the data would reveal the identity of a mandated reporter under section
60A.952, subdivision 2, 609.456, deleted text begin626.556,deleted text end or 626.557new text begin or chapter 260Enew text end.

Data concerning individuals whose identities are protected by this subdivision are private
data about those individuals. Law enforcement agencies shall establish procedures to acquire
the data and make the decisions necessary to protect the identity of individuals described
in clauses (c), (d), (f), and (g).

Sec. 9.

Minnesota Statutes 2018, section 13.821, is amended to read:

13.821 VIDEOTAPES OF CHILD ABUSE VICTIMS.

(a) Notwithstanding section 13.04, subdivision 3, an individual subject of data may not
obtain a copy of a videotape in which a child victim or alleged victim is alleging, explaining,
denying, or describing an act of physical or sexual abuse without a court order under section
13.03, subdivision 6, or 611A.90. The definitions of physical abuse and sexual abuse in
section deleted text begin626.556, subdivision 2deleted text endnew text begin 260E.03new text end, apply to this section, except that abuse is not limited
to acts by a person responsible for the child's care or in a significant relationship with the
child or position of authority.

(b) This section does not limit other rights of access to data by an individual under section
13.04, subdivision 3, other than the right to obtain a copy of the videotape, nor prohibit
rights of access pursuant to discovery in a court proceeding.

Sec. 10.

Minnesota Statutes 2018, section 13.84, subdivision 9, is amended to read:

Subd. 9.

Child abuse data; release to child protective services.

A court services agency
may release private or confidential data on an active case involving assessment or
investigation of actions that are defined as sexual abuse, physical abuse, or neglect under
deleted text begin section 626.556deleted text endnew text begin chapter 260Enew text end to a local welfare agency if:

(1) the local welfare agency has an active case involving a common client or clients who
are the subject of the data; and

(2) the data are necessary for the local welfare agency to effectively process the agency's
case, including investigating or performing other duties relating to the case required by law.

Court services data disclosed under this subdivision may be used only for purposes of
the active case described in clause (1) and may not be further disclosed to any other person
or agency, except as authorized by law.

Sec. 11.

Minnesota Statutes 2018, section 13.871, subdivision 6, is amended to read:

Subd. 6.

Training; investigation; apprehension; reports.

(a) Reports of gunshot
wounds. Disclosure of the name of a person making a report under section deleted text begin626.52,
subdivision 2,deleted text endnew text begin 260E.03new text end is governed by section 626.53.

(b) Child abuse report records. Data contained in child abuse report records are
classified under deleted text beginsection 626.556deleted text endnew text begin chapter 260Enew text end.

(c) Interstate data exchange. Disclosure of child abuse reports to agencies of another
state is classified under section deleted text begin626.556, subdivision 10gdeleted text endnew text begin 260E.35, subdivision 3, paragraphs
(b) and (c)new text end.

(d) Release to family court services. Release of child abuse data to a court services
agency is authorized under section deleted text begin626.556, subdivision 10hdeleted text endnew text begin 260E.35, subdivision 3,
paragraphs (d) and (e)new text end.

(e) Release of data to mandated reporters. Release of child abuse data to mandated
reporters who have an ongoing responsibility for the health, education, or welfare of a child
affected by the data is authorized under section deleted text begin626.556, subdivision 10jdeleted text endnew text begin 260E.35, subdivision
4new text end.

(f) Release of child abuse assessment or investigative records to other counties.
Release of child abuse investigative records to local welfare agencies is authorized under
section deleted text begin626.556, subdivision 10kdeleted text endnew text begin 260E.35, subdivision 3, paragraph (f)new text end.

(g) Classifying and sharing records and reports of child abuse. The classification of
child abuse data and the sharing of records and reports of child abuse by and between local
welfare agencies and law enforcement agencies are governed under deleted text beginsection 626.556,
subdivision 11deleted text endnew text begin sections 260E.21, subdivision 4, and 260E.35new text end.

(h) Disclosure of information not required in certain cases. Disclosure of certain data
obtained from interviewing a minor is governed by section deleted text begin626.556, subdivision 11adeleted text endnew text begin 260E.35,
subdivision 8new text end.

(i) Data received from law enforcement. Classifying child abuse data received by
certain agencies from law enforcement agencies is governed under section deleted text begin626.556,
subdivision 11bdeleted text endnew text begin 260E.35, subdivision 3, paragraph (p)new text end.

(j) Disclosure in child fatality cases. Disclosure of information relating to a child fatality
is governed under section deleted text begin626.556, subdivision 11ddeleted text endnew text begin 260E.35, subdivision 7new text end.

(k) Reports of prenatal exposure to controlled substances. Data on persons making
reports under section deleted text begin626.5561deleted text endnew text begin 260E.31new text end are classified under section deleted text begin626.5561, subdivision
3deleted text endnew text begin 260E.35, subdivision 3new text end.

(l) Vulnerable adult report records. Data contained in vulnerable adult report records
are classified under section 626.557, subdivision 12b.

(m) Adult protection team information sharing. Sharing of local welfare agency
vulnerable adult data with a protection team is governed by section 626.5571, subdivision
3.

(n) Child protection team. Data acquired by a case consultation committee or
subcommittee of a child protection team are classified by section deleted text begin626.558, subdivision 3deleted text endnew text begin
260E.02, subdivision 4new text end.

(o) Peace officer discipline procedures. Access by an officer under investigation to
the investigating agency's investigative report on the officer is governed by section 626.89,
subdivision 6.

(p) Racial profiling study data. Racial profiling study data is governed by Minnesota
Statutes 2006, section 626.951.

Sec. 12.

Minnesota Statutes 2018, section 13.88, is amended to read:

13.88 COMMUNITY DISPUTE RESOLUTION CENTER DATA.

The guidelines shall provide that all files relating to a case in a community dispute
resolution program are to be classified as private data on individuals, pursuant to section
13.02, subdivision 12, with the following exceptions:

(1) When a party to the case has been formally charged with a criminal offense, the data
are to be classified as public data on individuals, pursuant to section 13.02, subdivision 15.

(2) Data relating to suspected neglect or physical or sexual abuse of children or
maltreatment of vulnerable adults are to be subject to the reporting requirements of deleted text beginsections
626.556 anddeleted text endnew text begin sectionnew text end 626.557new text begin and chapter 260Enew text end.

Sec. 13.

Minnesota Statutes 2018, section 120B.22, subdivision 2, is amended to read:

Subd. 2.

In-service training.

Each district is encouraged to provide training for district
staff and school board members on the following:

(1) helping students identify violence in the family and the community so that students
may learn to resolve conflicts in effective, nonviolent ways;

(2) responding to a disclosure of child sexual abuse in a supportive, appropriate manner;
and

(3) complying with mandatory reporting requirements under deleted text beginsection 626.556deleted text endnew text begin chapter
260Enew text end.

The in-service training must be ongoing and involve experts familiar with sexual abuse,
domestic violence, and personal safety issues.

Sec. 14.

Minnesota Statutes 2019 Supplement, section 122A.20, subdivision 2, is amended
to read:

Subd. 2.

Mandatory reporting.

(a) A school board, superintendent, charter school
board, charter school executive director, or charter school authorizer must report to the
Professional Educator Licensing and Standards Board, the Board of School Administrators,
or the Board of Trustees of the Minnesota State Colleges and Universities, whichever has
jurisdiction over the teacher's or administrator's license, when its teacher or administrator
is discharged or resigns from employment after a charge is filed with the school board under
section 122A.41, subdivisions 6, clauses (1), (2), and (3), and 7, or after charges are filed
that are grounds for discharge under section 122A.40, subdivision 13, paragraph (a), clauses
(1) to (5), or when a teacher or administrator is suspended or resigns while an investigation
is pending under section 122A.40, subdivision 13, paragraph (a), clauses (1) to (5)new text begin, or chapter
260Enew text end; new text beginor new text end122A.41, subdivisions 6, clauses (1), (2), and (3), and 7; deleted text beginor 626.556,deleted text end or when a
teacher or administrator is suspended without an investigation under section 122A.41,
subdivisions 6, paragraph (a), clauses (1), (2), and (3), and 7deleted text begin; or 626.556deleted text endnew text begin, or chapter 260Enew text end.
The report must be made to the appropriate licensing board within ten days after the
discharge, suspension, or resignation has occurred. The licensing board to which the report
is made must investigate the report for violation of subdivision 1 and the reporting board,
administrator, or authorizer must cooperate in the investigation. Notwithstanding any
provision in chapter 13 or any law to the contrary, upon written request from the licensing
board having jurisdiction over the license, a board, charter school, authorizer, charter school
executive director, or school superintendent shall provide the licensing board with information
about the teacher or administrator from the district's files, any termination or disciplinary
proceeding, any settlement or compromise, or any investigative file. Upon written request
from the appropriate licensing board, a board or school superintendent may, at the discretion
of the board or school superintendent, solicit the written consent of a student and the student's
parent to provide the licensing board with information that may aid the licensing board in
its investigation and license proceedings. The licensing board's request need not identify a
student or parent by name. The consent of the student and the student's parent must meet
the requirements of chapter 13 and Code of Federal Regulations, title 34, section 99.30.
The licensing board may provide a consent form to the district. Any data transmitted to any
board under this section is private data under section 13.02, subdivision 12, notwithstanding
any other classification of the data when it was in the possession of any other agency.

(b) The licensing board to which a report is made must transmit to the Attorney General's
Office any record or data it receives under this subdivision for the sole purpose of having
the Attorney General's Office assist that board in its investigation. When the Attorney
General's Office has informed an employee of the appropriate licensing board in writing
that grounds exist to suspend or revoke a teacher's license to teach, that licensing board
must consider suspending or revoking or decline to suspend or revoke the teacher's or
administrator's license within 45 days of receiving a stipulation executed by the teacher or
administrator under investigation or a recommendation from an administrative law judge
that disciplinary action be taken.

(c) The Professional Educator Licensing and Standards Board and Board of School
Administrators must report to the appropriate law enforcement authorities a revocation,
suspension, or agreement involving a loss of license, relating to a teacher or administrator's
inappropriate sexual conduct with a minor. For purposes of this section, "law enforcement
authority" means a police department, county sheriff, or tribal police department. A report
by the Professional Educator Licensing and Standards Board to appropriate law enforcement
authorities does not diminish, modify, or otherwise affect the responsibilities of a school
board or any person mandated to report abuse under deleted text beginsection 626.556deleted text endnew text begin chapter 260Enew text end.

Sec. 15.

Minnesota Statutes 2019 Supplement, section 122A.40, subdivision 13, is amended
to read:

Subd. 13.

Immediate discharge.

(a) Except as otherwise provided in paragraph (b), a
board may discharge a continuing-contract teacher, effective immediately, upon any of the
following grounds:

(1) immoral conduct, insubordination, or conviction of a felony;

(2) conduct unbecoming a teacher which requires the immediate removal of the teacher
from classroom or other duties;

(3) failure without justifiable cause to teach without first securing the written release of
the school board;

(4) gross inefficiency which the teacher has failed to correct after reasonable written
notice;

(5) willful neglect of duty; or

(6) continuing physical or mental disability subsequent to a 12 months leave of absence
and inability to qualify for reinstatement in accordance with subdivision 12.

For purposes of this paragraph, conduct unbecoming a teacher includes an unfair
discriminatory practice described in section 363A.13.

Prior to discharging a teacher under this paragraph, the board must notify the teacher in
writing and state its ground for the proposed discharge in reasonable detail. Within ten days
after receipt of this notification the teacher may make a written request for a hearing before
the board and it shall be granted before final action is taken. The board may suspend a
teacher with pay pending the conclusion of the hearing and determination of the issues
raised in the hearing after charges have been filed which constitute ground for discharge.
If a teacher has been charged with a felony and the underlying conduct that is the subject
of the felony charge is a ground for a proposed immediate discharge, the suspension pending
the conclusion of the hearing and determination of the issues may be without pay. If a
hearing under this paragraph is held, the board must reimburse the teacher for any salary
or compensation withheld if the final decision of the board or the arbitrator does not result
in a penalty to or suspension, termination, or discharge of the teacher.

(b) A board must discharge a continuing-contract teacher, effective immediately, upon
receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's
license has been revoked due to a conviction for child abuse, as defined in section 609.185;
sex trafficking in the first degree under section 609.322, subdivision 1; sex trafficking in
the second degree under section 609.322, subdivision 1a; engaging in hiring or agreeing to
hire a minor to engage in prostitution under section 609.324, subdivision 1; sexual abuse
under section 609.342, 609.343, 609.344, 609.345, 609.3451, subdivision 3, or 617.23,
subdivision 3; solicitation of children to engage in sexual conduct or communication of
sexually explicit materials to children under section 609.352; interference with privacy
under section 609.746 or harassment or stalking under section 609.749 and the victim was
a minor; using minors in a sexual performance under section 617.246; possessing
pornographic works involving a minor under section 617.247; or any other offense not listed
in this paragraph that requires the person to register as a predatory offender under section
243.166, or a crime under a similar law of another state or the United States.

(c) When a teacher is discharged under paragraph (b) or when the commissioner makes
a final determination of child maltreatment involving a teacher under section deleted text begin626.556,
subdivision 11,deleted text endnew text begin 260E.21, subdivision 4, or 260E.35,new text end the school principal or other person
having administrative control of the school must include in the teacher's employment record
the information contained in the record of the disciplinary action or the final maltreatment
determination, consistent with the definition of public data under section 13.41, subdivision
5, and must provide the Professional Educator Licensing and Standards Board and the
licensing division at the department with the necessary and relevant information to enable
the Professional Educator Licensing and Standards Board and the department's licensing
division to fulfill their statutory and administrative duties related to issuing, renewing,
suspending, or revoking a teacher's license. Information received by the Professional Educator
Licensing and Standards Board or the licensing division at the department under this
paragraph is governed by section 13.41 or other applicable law governing data of the
receiving entity. In addition to the background check required under section 123B.03, a
school board or other school hiring authority must contact the Professional Educator
Licensing and Standards Board and the department to determine whether the teacher's license
has been suspended or revoked, consistent with the discharge and final maltreatment
determinations identified in this paragraph. Unless restricted by federal or state data practices
law or by the terms of a collective bargaining agreement, the responsible authority for a
school district must disseminate to another school district private personnel data on a current
or former teacher employee or contractor of the district, including the results of background
investigations, if the requesting school district seeks the information because the subject of
the data has applied for employment with the requesting school district.

Sec. 16.

Minnesota Statutes 2019 Supplement, section 122A.41, subdivision 6, is amended
to read:

Subd. 6.

Grounds for discharge or demotion.

(a) Except as otherwise provided in
paragraph (b), causes for the discharge or demotion of a teacher either during or after the
probationary period must be:

(1) immoral character, conduct unbecoming a teacher, or insubordination;

(2) failure without justifiable cause to teach without first securing the written release of
the school board having the care, management, or control of the school in which the teacher
is employed;

(3) inefficiency in teaching or in the management of a school, consistent with subdivision
5, paragraph (b);

(4) affliction with a communicable disease must be considered as cause for removal or
suspension while the teacher is suffering from such disability; or

(5) discontinuance of position or lack of pupils.

For purposes of this paragraph, conduct unbecoming a teacher includes an unfair
discriminatory practice described in section 363A.13.

(b) A probationary or continuing-contract teacher must be discharged immediately upon
receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's
license has been revoked due to a conviction for child abuse, as defined in section 609.185;
sex trafficking in the first degree under section 609.322, subdivision 1; sex trafficking in
the second degree under section 609.322, subdivision 1a; engaging in hiring or agreeing to
hire a minor to engage in prostitution under section 609.324, subdivision 1; sexual abuse
under section 609.342, 609.343, 609.344, 609.345, 609.3451, subdivision 3, or 617.23,
subdivision 3; solicitation of children to engage in sexual conduct or communication of
sexually explicit materials to children under section 609.352; interference with privacy
under section 609.746 or harassment or stalking under section 609.749 and the victim was
a minor; using minors in a sexual performance under section 617.246; possessing
pornographic works involving a minor under section 617.247; or any other offense not listed
in this paragraph that requires the person to register as a predatory offender under section
243.166, or a crime under a similar law of another state or the United States.

Sec. 17.

Minnesota Statutes 2018, section 125A.0942, subdivision 4, is amended to read:

Subd. 4.

Prohibitions.

The following actions or procedures are prohibited:

(1) engaging in conduct prohibited under section 121A.58;

(2) requiring a child to assume and maintain a specified physical position, activity, or
posture that induces physical pain;

(3) totally or partially restricting a child's senses as punishment;

(4) presenting an intense sound, light, or other sensory stimuli using smell, taste,
substance, or spray as punishment;

(5) denying or restricting a child's access to equipment and devices such as walkers,
wheelchairs, hearing aids, and communication boards that facilitate the child's functioning,
except when temporarily removing the equipment or device is needed to prevent injury to
the child or others or serious damage to the equipment or device, in which case the equipment
or device shall be returned to the child as soon as possible;

(6) interacting with a child in a manner that constitutes sexual abuse, neglect, or physical
abuse under deleted text beginsection 626.556deleted text endnew text begin chapter 260Enew text end;

(7) withholding regularly scheduled meals or water;

(8) denying access to bathroom facilities;

(9) physical holding that restricts or impairs a child's ability to breathe, restricts or impairs
a child's ability to communicate distress, places pressure or weight on a child's head, throat,
neck, chest, lungs, sternum, diaphragm, back, or abdomen, or results in straddling a child's
torso; and

(10) prone restraint.

Sec. 18.

Minnesota Statutes 2018, section 135A.15, subdivision 10, is amended to read:

Subd. 10.

Applicability of other laws.

This section does not exempt mandatory reporters
from the requirements of section deleted text begin626.556 ordeleted text end 626.557 new text beginor chapter 260E new text endgoverning the reporting
of maltreatment of minors or vulnerable adults. Nothing in this section limits the authority
of an institution to comply with other applicable state or federal laws related to investigations
or reports of sexual harassment, sexual violence, or sexual assault.

Sec. 19.

Minnesota Statutes 2018, section 144.225, subdivision 2b, is amended to read:

Subd. 2b.

Commissioner of health; duties.

Notwithstanding the designation of certain
of this data as confidential under subdivision 2 or private under subdivision 2a, the
commissioner shall give the commissioner of human services access to birth record data
and data contained in recognitions of parentage prepared according to section 257.75
necessary to enable the commissioner of human services to identify a child who is subject
to threatened injury, as defined in section deleted text begin626.556, subdivision 2, paragraph (p)deleted text endnew text begin 260E.03,
subdivision 23new text end, by a person responsible for the child's care, as defined in section deleted text begin626.556,
subdivision 2, paragraph (j), clause (1)deleted text endnew text begin 260E.03, subdivision 17new text end. The commissioner shall
be given access to all data included on official birth records.

Sec. 20.

Minnesota Statutes 2018, section 144.343, subdivision 4, is amended to read:

Subd. 4.

Limitations.

No notice shall be required under this section if:

(1) the attending physician certifies in the pregnant woman's medical record that the
abortion is necessary to prevent the woman's death and there is insufficient time to provide
the required notice; or

(2) the abortion is authorized in writing by the person or persons who are entitled to
notice; or

(3) the pregnant minor woman declares that she is a victim of sexual abuse, neglect, or
physical abuse as defined in deleted text beginsection 626.556deleted text endnew text begin chapter 260Enew text end. Notice of that declaration shall
be made to the proper authorities as provided in section deleted text begin626.556, subdivision 3deleted text endnew text begin 260E.06new text end.

Sec. 21.

Minnesota Statutes 2018, section 144.7065, subdivision 10, is amended to read:

Subd. 10.

Relation to other law; data classification.

(a) Adverse health events described
in subdivisions 2 to 6 do not constitute "maltreatment," "neglect," or "a physical injury that
is not reasonably explained" under section deleted text begin626.556 ordeleted text end 626.557 new text beginor chapter 260E new text endand are
excluded from the reporting requirements of deleted text beginsections 626.556 anddeleted text endnew text begin sectionnew text end 626.557new text begin and
chapter 260Enew text end, provided the facility makes a determination within 24 hours of the discovery
of the event that this section is applicable and the facility files the reports required under
this section in a timely fashion.

(b) A facility that has determined that an event described in subdivisions 2 to 6 has
occurred must inform persons who are mandated reporters under section deleted text begin626.556, subdivision
3,deleted text endnew text begin 260E.06new text end or 626.5572, subdivision 16, of that determination. A mandated reporter otherwise
required to report under section deleted text begin626.556, subdivision 3,deleted text endnew text begin 260E.06new text end or 626.557, subdivision
3, paragraph (e), is relieved of the duty to report an event that the facility determines under
paragraph (a) to be reportable under subdivisions 2 to 6.

(c) The protections and immunities applicable to voluntary reports under deleted text beginsections 626.556
anddeleted text endnew text begin sectionnew text end 626.557new text begin and chapter 260Enew text end are not affected by this section.

(d) Notwithstanding section deleted text begin626.556,deleted text end 626.557,new text begin chapter 260E,new text end or any other provision of
Minnesota statute or rule to the contrary, a lead agency under section deleted text begin626.556, subdivision
3cdeleted text endnew text begin 260E.14, subdivision 1, paragraphs (a), (b), and (c)new text end, a lead investigative agency under
section 626.5572, subdivision 13, the commissioner of health, or the director of the Office
of Health Facility Complaints is not required to conduct an investigation of or obtain or
create investigative data or reports regarding an event described in subdivisions 2 to 6. If
the facility satisfies the requirements described in paragraph (a), the review or investigation
shall be conducted and data or reports shall be obtained or created only under sections
144.706 to 144.7069, except as permitted or required under sections 144.50 to 144.564, or
as necessary to carry out the state's certification responsibility under the provisions of
sections 1864 and 1867 of the Social Security Act. If a licensed health care provider reports
an event to the facility required to be reported under subdivisions 2 to 6 in a timely manner,
the provider's licensing board is not required to conduct an investigation of or obtain or
create investigative data or reports regarding the individual reporting of the events described
in subdivisions 2 to 6.

(e) Data contained in the following records are nonpublic and, to the extent they contain
data on individuals, confidential data on individuals, as defined in section 13.02:

(1) reports provided to the commissioner under sections 147.155, 147A.155, 148.267,
151.301, and 153.255;

(2) event reports, findings of root cause analyses, and corrective action plans filed by a
facility under this section; and

(3) records created or obtained by the commissioner in reviewing or investigating the
reports, findings, and plans described in clause (2).

For purposes of the nonpublic data classification contained in this paragraph, the reporting
facility shall be deemed the subject of the data.

Sec. 22.

Minnesota Statutes 2018, section 144.7068, is amended to read:

144.7068 REPORTS FROM LICENSING BOARDS.

(a) Effective upon full implementation of the adverse health care events reporting system,
the records maintained under sections 147.155, 147A.155, 148.267, 151.301, and 153.255,
shall be reported to the commissioner on the schedule established in those sections.

(b) The commissioner shall forward these reports to the facility named in the report.

(c) The facility shall determine whether the event has been previously reported under
section 144.7065. The facility shall notify the commissioner whether the event has been
reported previously. If the event has not been previously reported, the facility shall make a
determination whether the event was reportable under section 144.7065. If the facility
determines the event was reportable, the date of discovery of the event for the purposes of
section 144.7065, subdivision 10, paragraph (d), shall be as follows:

(1) if the commissioner determines that the facility knew or reasonably should have
known about the occurrence of the event, the date the event occurred shall be the date of
discovery. The facility shall be considered out of compliance with the reporting act, and
the event shall be subject to deleted text beginsections 626.556 anddeleted text endnew text begin sectionnew text end 626.557new text begin and chapter 260Enew text end; or

(2) if the commissioner determines that the facility did not know about the occurrence
of the event, the date the facility receives the report from the commissioner shall serve as
the date of discovery.

If the facility determines that the event was not reportable under section 144.7065, the
facility shall notify the commissioner of that determination.

Sec. 23.

Minnesota Statutes 2018, section 144A.472, subdivision 1, is amended to read:

Subdivision 1.

License applications.

Each application for a home care provider license
must include information sufficient to show that the applicant meets the requirements of
licensure, including:

(1) the applicant's name, e-mail address, physical address, and mailing address, including
the name of the county in which the applicant resides and has a principal place of business;

(2) the initial license fee in the amount specified in subdivision 7;

(3) the e-mail address, physical address, mailing address, and telephone number of the
principal administrative office;

(4) the e-mail address, physical address, mailing address, and telephone number of each
branch office, if any;

(5) the names, e-mail and mailing addresses, and telephone numbers of all owners and
managerial officials;

(6) documentation of compliance with the background study requirements of section
144A.476 for all persons involved in the management, operation, or control of the home
care provider;

(7) documentation of a background study as required by section 144.057 for any
individual seeking employment, paid or volunteer, with the home care provider;

(8) evidence of workers' compensation coverage as required by sections 176.181 and
176.182;

(9) documentation of liability coverage, if the provider has it;

(10) identification of the license level the provider is seeking;

(11) documentation that identifies the managerial official who is in charge of day-to-day
operations and attestation that the person has reviewed and understands the home care
provider regulations;

(12) documentation that the applicant has designated one or more owners, managerial
officials, or employees as an agent or agents, which shall not affect the legal responsibility
of any other owner or managerial official under this chapter;

(13) the signature of the officer or managing agent on behalf of an entity, corporation,
association, or unit of government;

(14) verification that the applicant has the following policies and procedures in place so
that if a license is issued, the applicant will implement the policies and procedures and keep
them current:

(i) requirements in deleted text beginsections 626.556deleted text endnew text begin chapter 260Enew text end, reporting of maltreatment of minors,
andnew text begin sectionnew text end 626.557, reporting of maltreatment of vulnerable adults;

(ii) conducting and handling background studies on employees;

(iii) orientation, training, and competency evaluations of home care staff, and a process
for evaluating staff performance;

(iv) handling complaints from clients, family members, or client representatives regarding
staff or services provided by staff;

(v) conducting initial evaluation of clients' needs and the providers' ability to provide
those services;

(vi) conducting initial and ongoing client evaluations and assessments and how changes
in a client's condition are identified, managed, and communicated to staff and other health
care providers as appropriate;

(vii) orientation to and implementation of the home care client bill of rights;

(viii) infection control practices;

(ix) reminders for medications, treatments, or exercises, if provided; and

(x) conducting appropriate screenings, or documentation of prior screenings, to show
that staff are free of tuberculosis, consistent with current United States Centers for Disease
Control and Prevention standards; and

(15) other information required by the department.

Sec. 24.

Minnesota Statutes 2018, section 144A.479, subdivision 6, is amended to read:

Subd. 6.

Reporting maltreatment of vulnerable adults and minors.

(a) All home care
providers must comply with requirements for the reporting of maltreatment of minors in
deleted text begin section 626.556deleted text endnew text begin chapter 260Enew text end and the requirements for the reporting of maltreatment of
vulnerable adults in section 626.557. Each home care provider must establish and implement
a written procedure to ensure that all cases of suspected maltreatment are reported.

(b) Each home care provider must develop and implement an individual abuse prevention
plan for each vulnerable minor or adult for whom home care services are provided by a
home care provider. The plan shall contain an individualized review or assessment of the
person's susceptibility to abuse by another individual, including other vulnerable adults or
minors; the person's risk of abusing other vulnerable adults or minors; and statements of
the specific measures to be taken to minimize the risk of abuse to that person and other
vulnerable adults or minors. For purposes of the abuse prevention plan, the term abuse
includes self-abuse.

Sec. 25.

Minnesota Statutes 2019 Supplement, section 144A.4796, subdivision 2, is
amended to read:

Subd. 2.

Content.

(a) The orientation must contain the following topics:

(1) an overview of sections 144A.43 to 144A.4798;

(2) introduction and review of all the provider's policies and procedures related to the
provision of home care services by the individual staff person;

(3) handling of emergencies and use of emergency services;

(4) compliance with and reporting of the maltreatment of minors or vulnerable adults
under deleted text beginsections 626.556 anddeleted text endnew text begin sectionnew text end 626.557new text begin and chapter 260Enew text end;

(5) home care bill of rights under section 144A.44;

(6) handling of clients' complaints, reporting of complaints, and where to report
complaints including information on the Office of Health Facility Complaints and the
Common Entry Point;

(7) consumer advocacy services of the Office of Ombudsman for Long-Term Care,
Office of Ombudsman for Mental Health and Developmental Disabilities, Managed Care
Ombudsman at the Department of Human Services, county managed care advocates, or
other relevant advocacy services; and

(8) review of the types of home care services the employee will be providing and the
provider's scope of licensure.

(b) In addition to the topics listed in paragraph (a), orientation may also contain training
on providing services to clients with hearing loss. Any training on hearing loss provided
under this subdivision must be high quality and research-based, may include online training,
and must include training on one or more of the following topics:

(1) an explanation of age-related hearing loss and how it manifests itself, its prevalence,
and challenges it poses to communication;

(2) health impacts related to untreated age-related hearing loss, such as increased
incidence of dementia, falls, hospitalizations, isolation, and depression; or

(3) information about strategies and technology that may enhance communication and
involvement, including communication strategies, assistive listening devices, hearing aids,
visual and tactile alerting devices, communication access in real time, and closed captions.

Sec. 26.

Minnesota Statutes 2018, section 144A.4796, subdivision 6, is amended to read:

Subd. 6.

Required annual training.

(a) All staff that perform direct home care services
must complete at least eight hours of annual training for each 12 months of employment.
The training may be obtained from the home care provider or another source and must
include topics relevant to the provision of home care services. The annual training must
include:

(1) training on reporting of maltreatment of minors under deleted text beginsection 626.556deleted text endnew text begin chapter 260Enew text end
and maltreatment of vulnerable adults under section 626.557, whichever is applicable to
the services provided;

(2) review of the home care bill of rights in section 144A.44;

(3) review of infection control techniques used in the home and implementation of
infection control standards including a review of hand-washing techniques; the need for
and use of protective gloves, gowns, and masks; appropriate disposal of contaminated
materials and equipment, such as dressings, needles, syringes, and razor blades; disinfecting
reusable equipment; disinfecting environmental surfaces; and reporting of communicable
diseases; and

(4) review of the provider's policies and procedures relating to the provision of home
care services and how to implement those policies and procedures.

(b) In addition to the topics listed in paragraph (a), annual training may also contain
training on providing services to clients with hearing loss. Any training on hearing loss
provided under this subdivision must be high quality and research-based, may include online
training, and must include training on one or more of the following topics:

(1) an explanation of age-related hearing loss and how it manifests itself, its prevalence,
and challenges it poses to communication;

(2) health impacts related to untreated age-related hearing loss, such as increased
incidence of dementia, falls, hospitalizations, isolation, and depression; or

Sec. 27.

Minnesota Statutes 2018, section 144H.16, subdivision 1, is amended to read:

Subdivision 1.

Reporting of maltreatment of minors.

A PPEC center must develop
policies and procedures for reporting suspected child maltreatment that fulfill the
requirements of deleted text beginsection 626.556deleted text endnew text begin chapter 260Enew text end. 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.

Sec. 28.

Minnesota Statutes 2018, section 144H.18, subdivision 3, is amended to read:

Subd. 3.

Fines for violations of other statutes.

The commissioner shall impose a fine
of $250 on a PPEC center, employee, or contractor for each violation by that PPEC center,
employee, or contractor of section 144H.16, subdivision 2, deleted text beginor 626.556deleted text endnew text begin or chapter 260Enew text end.

Sec. 29.

Minnesota Statutes 2018, section 145.902, subdivision 3, is amended to read:

Subd. 3.

Immunity.

(a) A safe place with responsibility for performing duties under
this section, and any employee, doctor, ambulance personnel, or other medical professional
working at the safe place, are immune from any criminal liability that otherwise might result
from their actions, if they are acting in good faith in receiving a newborn, and are immune
from any civil liability that otherwise might result from merely receiving a newborn.

(b) A safe place performing duties under this section, or an employee, doctor, ambulance
personnel, or other medical professional working at the safe place who is a mandated reporter
under deleted text beginsection 626.556deleted text endnew text begin chapter 260Enew text end, is immune from any criminal or civil liability that
otherwise might result from the failure to make a report under that section if the person is
acting in good faith in complying with this section.

Sec. 30.

Minnesota Statutes 2018, section 145.952, subdivision 2, is amended to read:

Subd. 2.

Abuse.

"Abuse" means physical abuse, sexual abuse, neglect, mental injury,
and threatened injury, as those terms are defined in deleted text beginsection 626.556, subdivision 2deleted text endnew text begin chapter
260Enew text end.

Sec. 31.

Minnesota Statutes 2018, section 146A.025, is amended to read:

146A.025 MALTREATMENT OF MINORS.

Nothing in this chapter shall restrict the ability of a local welfare agency, local law
enforcement agency, the commissioner of human services, or the state to take action regarding
the maltreatment of minors under section 609.378 deleted text beginor 626.556deleted text endnew text begin or chapter 260Enew text end. A parent
who obtains complementary and alternative health care for the parent's minor child is not
relieved of the duty to seek necessary medical care consistent with the requirements of
deleted text begin sectionsdeleted text endnew text begin sectionnew text end 609.378 deleted text beginand 626.556deleted text endnew text begin and chapter 260Enew text end. A complementary or alternative
health care practitioner who is providing services to a child who is not receiving necessary
medical care must make a report under deleted text beginsection 626.556deleted text endnew text begin chapter 260Enew text end. A complementary
or alternative health care provider is a mandated reporter under section deleted text begin626.556, subdivision
3deleted text endnew text begin 260E.06new text end.

Sec. 32.

Minnesota Statutes 2019 Supplement, section 148B.593, is amended to read:

148B.593 DISCLOSURE OF INFORMATION.

(a) A person licensed under sections 148B.50 to 148B.593 may not disclose without
written consent of the client any communication made by the client to the licensee in the
course of the practice of professional counseling, nor may any employee of the licensee
reveal the information without the consent of the employer or client except as provided
under section deleted text begin626.556 ordeleted text end 626.557new text begin or chapter 260Enew text end.

(b) For purposes of sections 148B.50 to 148B.593, the confidential relations and
communications between the licensee and a client are placed upon the same basis as those
that exist between a licensed psychologist and client. Nothing in sections 148B.50 to
148B.593 may be construed to require any communications to be disclosed except by court
order or as provided in paragraph (c).

(c) Private information may be disclosed without the consent of the client when a duty
to warn arises, or as otherwise provided by law or court order. The duty to warn of, or take
reasonable precautions to provide protection from, violent behavior arises only when a client
or other person has communicated to the provider a specific, serious threat of physical
violence to self or a specific, clearly identified or identifiable potential victim. If a duty to
warn arises, the duty is discharged by the provider if reasonable efforts are made to
communicate the threat to law enforcement agencies, the potential victim, the family of the
client, or appropriate third parties who are in a position to prevent or avert the harm. No
monetary liability and no cause of action or disciplinary action by the board may arise
against a provider for disclosure of confidences to third parties, for failure to disclose
confidences to third parties, or for erroneous disclosure of confidences to third parties in a
good faith effort to warn against or take precautions against a client's violent behavior or
threat of suicide.

(d) For purposes of this section, (1) "provider" includes a licensee, an applicant for
licensure, and a student or intern practicing professional counseling or professional clinical
counseling under supervision as part of an accredited graduate educational program or under
a supervised postgraduate experience in professional counseling or professional clinical
counseling required for licensure; (2) "other person" means an immediate family member
or someone who personally knows the client and has reason to believe the client is capable
of and will carry out the serious, specific threat of harm to a specific, clearly identified, or
identifiable victim; and (3) "reasonable efforts" means communicating the serious, specific
threat to the potential victim and if unable to make contact with the potential victim,
communicating the serious, specific threat to the law enforcement agency closest to the
potential victim of the client.

Sec. 33.

Minnesota Statutes 2018, section 148E.240, subdivision 7, is amended to read:

Subd. 7.

Reporting maltreatment of minors.

An applicant or licensee must comply
with the reporting of maltreatment of minors established by deleted text beginsection 626.556deleted text endnew text begin chapter 260Enew text end.

Sec. 34.

Minnesota Statutes 2018, section 148F.13, subdivision 12, is amended to read:

Subd. 12.

Abuse or neglect of minors or vulnerable adults.

An applicant or licensee
must comply with the reporting of maltreatment of minors established in deleted text beginsection 626.556deleted text endnew text begin
chapter 260Enew text end and the reporting of maltreatment of vulnerable adults established in section
626.557.

Sec. 35.

Minnesota Statutes 2018, section 148F.205, subdivision 1, is amended to read:

Subdivision 1.

Mandatory reporting requirements.

A provider is required to file a
complaint when the provider knows or has reason to believe that another provider:

(1) is unable to practice with reasonable skill and safety as a result of a physical or mental
illness or condition, including, but not limited to, substance abuse or dependence, except
that this mandated reporting requirement is deemed fulfilled by a report made to the Health
Professionals Services Program (HPSP) as provided by section 214.33, subdivision 1;

(2) is engaging in or has engaged in sexual behavior with a client or former client in
violation of section 148F.165, subdivision 6 or 7;

(3) has failed to report abuse or neglect of children or vulnerable adults in violation of
section deleted text begin626.556 ordeleted text end 626.557new text begin or chapter 260Enew text end; or

(4) has employed fraud or deception in obtaining or renewing an alcohol and drug
counseling license.

Sec. 36.

Minnesota Statutes 2018, section 153B.70, is amended to read:

153B.70 GROUNDS FOR DISCIPLINARY ACTION.

(a) The board may refuse to issue or renew a license, revoke or suspend a license, or
place on probation or reprimand a licensee for one or any combination of the following:

(1) making a material misstatement in furnishing information to the board;

(2) violating or intentionally disregarding the requirements of this chapter;

(3) conviction of a crime, including a finding or verdict of guilt, an admission of guilt,
or a no-contest plea, in this state or elsewhere, reasonably related to the practice of the
profession. Conviction, as used in this clause, includes a conviction of an offense which, if
committed in this state, would be deemed a felony, gross misdemeanor, or misdemeanor,
without regard to its designation elsewhere, or a criminal proceeding where a finding or
verdict of guilty is made or returned but the adjudication of guilt is either withheld or not
entered;

(4) making a misrepresentation in order to obtain or renew a license;

(5) displaying a pattern of practice or other behavior that demonstrates incapacity or
incompetence to practice;

(6) aiding or assisting another person in violating the provisions of this chapter;

(7) failing to provide information within 60 days in response to a written request from
the board, including documentation of completion of continuing education requirements;

(8) engaging in dishonorable, unethical, or unprofessional conduct;

(9) engaging in conduct of a character likely to deceive, defraud, or harm the public;

(10) inability to practice due to habitual intoxication, addiction to drugs, or mental or
physical illness;

(11) being disciplined by another state or territory of the United States, the federal
government, a national certification organization, or foreign nation, if at least one of the
grounds for the discipline is the same or substantially equivalent to one of the grounds in
this section;

(12) directly or indirectly giving to or receiving from a person, firm, corporation,
partnership, or association a fee, commission, rebate, or other form of compensation for
professional services not actually or personally rendered;

(13) incurring a finding by the board that the licensee, after the licensee has been placed
on probationary status, has violated the conditions of the probation;

(14) abandoning a patient or client;

(15) willfully making or filing false records or reports in the course of the licensee's
practice including, but not limited to, false records or reports filed with state or federal
agencies;

(16) willfully failing to report child maltreatment as required under the Maltreatment of
Minors Act, deleted text beginsection 626.556deleted text endnew text begin chapter 260Enew text end; or

(17) soliciting professional services using false or misleading advertising.

(b) A license to practice is automatically suspended if (1) a guardian of a licensee is
appointed by order of a court pursuant to sections 524.5-101 to 524.5-502, for reasons other
than the minority of the licensee, or (2) the licensee is committed by order of a court pursuant
to chapter 253B. The license remains suspended until the licensee is restored to capacity
by a court and, upon petition by the licensee, the suspension is terminated by the board after
a hearing. The licensee may be reinstated to practice, either with or without restrictions, by
demonstrating clear and convincing evidence of rehabilitation. The regulated person is not
required to prove rehabilitation if the subsequent court decision overturns previous court
findings of public risk.

(c) If the board has probable cause to believe that a licensee or applicant has violated
paragraph (a), clause (10), it may direct the person to submit to a mental or physical
examination. For the purpose of this section, every person is deemed to have consented to
submit to a mental or physical examination when directed in writing by the board and to
have waived all objections to the admissibility of the examining physician's testimony or
examination report on the grounds that the testimony or report constitutes a privileged
communication. Failure of a regulated person to submit to an examination when directed
constitutes an admission of the allegations against the person, unless the failure was due to
circumstances beyond the person's control, in which case a default and final order may be
entered without the taking of testimony or presentation of evidence. A regulated person
affected under this paragraph shall at reasonable intervals be given an opportunity to
demonstrate that the person can resume the competent practice of the regulated profession
with reasonable skill and safety to the public. In any proceeding under this paragraph, neither
the record of proceedings nor the orders entered by the board shall be used against a regulated
person in any other proceeding.

(d) In addition to ordering a physical or mental examination, the board may,
notwithstanding section 13.384 or 144.293, or any other law limiting access to medical or
other health data, obtain medical data and health records relating to a licensee or applicant
without the person's or applicant's consent if the board has probable cause to believe that a
licensee is subject to paragraph (a), clause (10). The medical data may be requested from
a provider as defined in section 144.291, subdivision 2, paragraph (i), an insurance company,
or a government agency, including the Department of Human Services. A provider, insurance
company, or government agency shall comply with any written request of the board under
this section and is not liable in any action for damages for releasing the data requested by
the board if the data are released pursuant to a written request under this section, unless the
information is false and the provider giving the information knew, or had reason to know,
the information was false. Information obtained under this section is private data on
individuals as defined in section 13.02.

(e) If the board issues an order of immediate suspension of a license, a hearing must be
held within 30 days of the suspension and completed without delay.

Sec. 37.

Minnesota Statutes 2018, section 214.103, subdivision 8, is amended to read:

Subd. 8.

Dismissal and reopening of a complaint.

(a) A complaint may not be dismissed
without the concurrence of at least two board members and, upon the request of the
complainant, a review by a representative of the attorney general's office. The designee of
the attorney general must review before dismissal any complaints which allege any violation
of chapter 609, any conduct which would be required to be reported under section deleted text begin626.556
ordeleted text end 626.557new text begin or chapter 260Enew text end, any sexual contact or sexual conduct with a client, any violation
of a federal law, any actual or potential inability to practice the regulated profession or
occupation by reason of illness, use of alcohol, drugs, chemicals, or any other materials, or
as a result of any mental or physical condition, any violation of state medical assistance
laws, or any disciplinary action related to credentialing in another jurisdiction or country
which was based on the same or related conduct specified in this subdivision.

(b) The board may reopen a dismissed complaint if the board receives newly discovered
information that was not available to the board during the initial investigation of the
complaint, or if the board receives a new complaint that indicates a pattern of behavior or
conduct.

Sec. 38.

Minnesota Statutes 2018, section 214.104, is amended to read:

214.104 HEALTH-RELATED LICENSING BOARDS; SUBSTANTIATED
MALTREATMENT.

(a) A health-related licensing board shall make determinations as to whether regulated
persons who are under the board's jurisdiction should be the subject of disciplinary or
corrective action because of substantiated maltreatment under section deleted text begin626.556 ordeleted text end 626.557new text begin
or chapter 260Enew text end. The board shall make a determination upon receipt, and after the review,
of an investigation memorandum or other notice of substantiated maltreatment under section
deleted text begin 626.556 ordeleted text end 626.557, new text beginchapter 260E, new text endor of a notice from the commissioner of human services
that a background study of a regulated person shows substantiated maltreatment.

(b) Upon completion of its review of a report of substantiated maltreatment, the board
shall notify the commissioner of human services of its determination. The board shall notify
the commissioner of human services if, following a review of the report of substantiated
maltreatment, the board determines that it does not have jurisdiction in the matter and the
commissioner shall make the appropriate disqualification decision regarding the regulated
person as otherwise provided in chapter 245C. The board shall also notify the commissioner
of health or the commissioner of human services immediately upon receipt of knowledge
of a facility or program allowing a regulated person to provide direct contact services at the
facility or program while not complying with requirements placed on the regulated person.

(c) In addition to any other remedy provided by law, the board may, through its designated
board member, temporarily suspend the license of a licensee; deny a credential to an
applicant; or require the regulated person to be continuously supervised, if the board finds
there is probable cause to believe the regulated person referred to the board according to
paragraph (a) poses an immediate risk of harm to vulnerable persons. The board shall
consider all relevant information available, which may include but is not limited to:

(1) the extent the action is needed to protect persons receiving services or the public;

(2) the recency of the maltreatment;

(3) the number of incidents of maltreatment;

(4) the intrusiveness or violence of the maltreatment; and

(5) the vulnerability of the victim of maltreatment.

The action shall take effect upon written notice to the regulated person, served by certified
mail, specifying the statute violated. The board shall notify the commissioner of health or
the commissioner of human services of the suspension or denial of a credential. The action
shall remain in effect until the board issues a temporary stay or a final order in the matter
after a hearing or upon agreement between the board and the regulated person. At the time
the board issues the notice, the regulated person shall inform the board of all settings in
which the regulated person is employed or practices. The board shall inform all known
employment and practice settings of the board action and schedule a disciplinary hearing
to be held under chapter 14. The board shall provide the regulated person with at least 30
days' notice of the hearing, unless the parties agree to a hearing date that provides less than
30 days' notice, and shall schedule the hearing to begin no later than 90 days after issuance
of the notice of hearing.

Sec. 39.

Minnesota Statutes 2019 Supplement, section 243.166, subdivision 7, is amended
to read:

Subd. 7.

Use of data.

(a) Except as otherwise provided in subdivision 4b or 7a or sections
244.052 and 299C.093, the data provided under this section is private data on individuals
under section 13.02, subdivision 12.

(b) The data may be used only by law enforcement and corrections agencies for law
enforcement and corrections purposes. Law enforcement or a corrections agent may disclose
the status of an individual as a predatory offender to a child protection worker with a local
welfare agency for purposes of doing a family assessment under deleted text beginsection 626.556deleted text endnew text begin chapter
260Enew text end. A corrections agent may also disclose the status of an individual as a predatory
offender to comply with section 244.057.

(1) state-operated services, as defined in section 246.014, for the purposes described in
section 246.13, subdivision 2, paragraph (b); and

(2) purposes of completing background studies under chapter 245C.

Sec. 40.

Minnesota Statutes 2018, section 245.8261, subdivision 9, is amended to read:

Subd. 9.

Conditions on use of restrictive procedures.

Restrictive procedures must not:

(1) be implemented with a child in a manner that constitutes sexual abuse, neglect, or
physical abuse under deleted text beginsection 626.556deleted text endnew text begin chapter 260Enew text end, the reporting of maltreatment of minors;

(2) restrict a child's normal access to a nutritious diet, drinking water, adequate ventilation,
necessary medical care, ordinary hygiene facilities, or necessary clothing or to any protection
required by state licensing standards and federal regulations governing the program;

(3) be used as punishment or for the convenience of staff; or

(4) deny the child visitation or contact with legal counsel and next of kin.

Sec. 41.

Minnesota Statutes 2018, section 245A.04, subdivision 5, is amended to read:

Subd. 5.

Commissioner's right of access.

(a) When the commissioner is exercising the
powers conferred by this chapter deleted text beginanddeleted text endnew text begin,new text end sections 245.69deleted text begin, 626.556,deleted text end and 626.557new text begin, and chapter
260Enew text end, the commissioner must be given access to:

(1) the physical plant and grounds where the program is provided;

(2) documents and records, including records maintained in electronic format;

(3) persons served by the program; and

(4) staff and personnel records of current and former staff whenever the program is in
operation and the information is relevant to inspections or investigations conducted by the
commissioner. Upon request, the license holder must provide the commissioner verification
of documentation of staff work experience, training, or educational requirements.

The commissioner must be given access without prior notice and as often as the
commissioner considers necessary if the commissioner is investigating alleged maltreatment,
conducting a licensing inspection, or investigating an alleged violation of applicable laws
or rules. In conducting inspections, the commissioner may request and shall receive assistance
from other state, county, and municipal governmental agencies and departments. The
applicant or license holder shall allow the commissioner to photocopy, photograph, and
make audio and video tape recordings during the inspection of the program at the
commissioner's expense. The commissioner shall obtain a court order or the consent of the
subject of the records or the parents or legal guardian of the subject before photocopying
hospital medical records.

(b) Persons served by the program have the right to refuse to consent to be interviewed,
photographed, or audio or videotaped. Failure or refusal of an applicant or license holder
to fully comply with this subdivision is reasonable cause for the commissioner to deny the
application or immediately suspend or revoke the license.

Sec. 42.

Minnesota Statutes 2018, section 245A.06, subdivision 8, is amended to read:

Subd. 8.

Requirement to post conditional license.

For licensed family child care
providers and child care centers, upon receipt of any order of conditional license issued by
the commissioner under this section, and notwithstanding a pending request for
reconsideration of the order of conditional license by the license holder, the license holder
shall post the order of conditional license in a place that is conspicuous to the people receiving
services and all visitors to the facility for two years. When the order of conditional license
is accompanied by a maltreatment investigation memorandum prepared under section
deleted text begin 626.556 ordeleted text end 626.557new text begin or chapter 260Enew text end, the investigation memoranda must be posted with the
order of conditional license.

Sec. 43.

Minnesota Statutes 2019 Supplement, section 245A.07, subdivision 3, is amended
to read:

Subd. 3.

License suspension, revocation, or fine.

(a) The commissioner may suspend
or revoke a license, or impose a fine if:

(1) a license holder fails to comply fully with applicable laws or rules including but not
limited to the requirements of this chapter and chapter 245C;

(2) a license holder, a controlling individual, or an individual living in the household
where the licensed services are provided or is otherwise subject to a background study has
been disqualified and the disqualification was not set aside and no variance has been granted;

(3) a license holder knowingly withholds relevant information from or gives false or
misleading information to the commissioner in connection with an application for a license,
in connection with the background study status of an individual, during an investigation,
or regarding compliance with applicable laws or rules;

(4) a license holder is excluded from any program administered by the commissioner
under section 245.095; or

(5) revocation is required under section 245A.04, subdivision 7, paragraph (d).

A license holder who has had a license issued under this chapter suspended, revoked,
or has been ordered to pay a fine must be given notice of the action by certified mail or
personal service. If mailed, the notice must be mailed to the address shown on the application
or the last known address of the license holder. The notice must state in plain language the
reasons the license was suspended or revoked, or a fine was ordered.

(b) If the license was suspended or revoked, the notice must inform the license holder
of the right to a contested case hearing under chapter 14 and Minnesota Rules, parts
1400.8505 to 1400.8612. The license holder may appeal an order suspending or revoking
a license. The appeal of an order suspending or revoking a license must be made in writing
by certified mail or personal service. If mailed, the appeal must be postmarked and sent to
the commissioner within ten calendar days after the license holder receives notice that the
license has been suspended or revoked. If a request is made by personal service, it must be
received by the commissioner within ten calendar days after the license holder received the
order. Except as provided in subdivision 2a, paragraph (c), if a license holder submits a
timely appeal of an order suspending or revoking a license, the license holder may continue
to operate the program as provided in section 245A.04, subdivision 7, paragraphs (f) and
(g), until the commissioner issues a final order on the suspension or revocation.

(c)(1) If the license holder was ordered to pay a fine, the notice must inform the license
holder of the responsibility for payment of fines and the right to a contested case hearing
under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The appeal of an
order to pay a fine must be made in writing by certified mail or personal service. If mailed,
the appeal must be postmarked and sent to the commissioner within ten calendar days after
the license holder receives notice that the fine has been ordered. If a request is made by
personal service, it must be received by the commissioner within ten calendar days after
the license holder received the order.

(2) The license holder shall pay the fines assessed on or before the payment date specified.
If the license holder fails to fully comply with the order, the commissioner may issue a
second fine or suspend the license until the license holder complies. If the license holder
receives state funds, the state, county, or municipal agencies or departments responsible for
administering the funds shall withhold payments and recover any payments made while the
license is suspended for failure to pay a fine. A timely appeal shall stay payment of the fine
until the commissioner issues a final order.

(3) A license holder shall promptly notify the commissioner of human services, in writing,
when a violation specified in the order to forfeit a fine is corrected. If upon reinspection the
commissioner determines that a violation has not been corrected as indicated by the order
to forfeit a fine, the commissioner may issue a second fine. The commissioner shall notify
the license holder by certified mail or personal service that a second fine has been assessed.
The license holder may appeal the second fine as provided under this subdivision.

(4) Fines shall be assessed as follows:

(i) the license holder shall forfeit $1,000 for each determination of maltreatment of a
child under deleted text beginsection 626.556deleted text endnew text begin chapter 260Enew text end or the maltreatment of a vulnerable adult under
section 626.557 for which the license holder is determined responsible for the maltreatment
under section deleted text begin626.556, subdivision 10e, paragraph (i),deleted text endnew text begin 260E.30, subdivision 4, paragraphs
(a) and (b),new text end or 626.557, subdivision 9c, paragraph (c);

(ii) if the commissioner determines that a determination of maltreatment for which the
license holder is responsible is the result of maltreatment that meets the definition of serious
maltreatment as defined in section 245C.02, subdivision 18, the license holder shall forfeit
$5,000;

(iii) for a program that operates out of the license holder's home and a program licensed
under Minnesota Rules, parts 9502.0300 to 9502.0445, the fine assessed against the license
holder shall not exceed $1,000 for each determination of maltreatment;

(iv) the license holder shall forfeit $200 for each occurrence of a violation of law or rule
governing matters of health, safety, or supervision, including but not limited to the provision
of adequate staff-to-child or adult ratios, and failure to comply with background study
requirements under chapter 245C; and

(v) the license holder shall forfeit $100 for each occurrence of a violation of law or rule
other than those subject to a $5,000, $1,000, or $200 fine in items (i) to (iv).

For purposes of this section, "occurrence" means each violation identified in the
commissioner's fine order. Fines assessed against a license holder that holds a license to
provide home and community-based services, as identified in section 245D.03, subdivision
1, and a community residential setting or day services facility license under chapter 245D
where the services are provided, may be assessed against both licenses for the same
occurrence, but the combined amount of the fines shall not exceed the amount specified in
this clause for that occurrence.

(5) When a fine has been assessed, the license holder may not avoid payment by closing,
selling, or otherwise transferring the licensed program to a third party. In such an event, the
license holder will be personally liable for payment. In the case of a corporation, each
controlling individual is personally and jointly liable for payment.

(d) Except for background study violations involving the failure to comply with an order
to immediately remove an individual or an order to provide continuous, direct supervision,
the commissioner shall not issue a fine under paragraph (c) relating to a background study
violation to a license holder who self-corrects a background study violation before the
commissioner discovers the violation. A license holder who has previously exercised the
provisions of this paragraph to avoid a fine for a background study violation may not avoid
a fine for a subsequent background study violation unless at least 365 days have passed
since the license holder self-corrected the earlier background study violation.

Sec. 44.

Minnesota Statutes 2018, section 245A.07, subdivision 5, is amended to read:

Subd. 5.

Requirement to post licensing order or fine.

For licensed family child care
providers and child care centers, upon receipt of any order of license suspension, temporary
immediate suspension, fine, or revocation issued by the commissioner under this section,
and notwithstanding a pending appeal of the order of license suspension, temporary
immediate suspension, fine, or revocation by the license holder, the license holder shall
post the order of license suspension, temporary immediate suspension, fine, or revocation
in a place that is conspicuous to the people receiving services and all visitors to the facility
for two years. When the order of license suspension, temporary immediate suspension, fine,
or revocation is accompanied by a maltreatment investigation memorandum prepared under
section deleted text begin626.556 ordeleted text end 626.557new text begin or chapter 260Enew text end, the investigation memoranda must be posted
with the order of license suspension, temporary immediate suspension, fine, or revocation.

Sec. 45.

Minnesota Statutes 2018, section 245A.08, subdivision 2a, is amended to read:

Subd. 2a.

Consolidated contested case hearings.

(a) When a denial of a license under
section 245A.05 or a licensing sanction under section 245A.07, subdivision 3, is based on
a disqualification for which reconsideration was timely requested and which was not set
aside under section 245C.22, the scope of the contested case hearing shall include the
disqualification and the licensing sanction or denial of a license, unless otherwise specified
in this subdivision. When the licensing sanction or denial of a license is based on a
determination of maltreatment under section deleted text begin626.556 ordeleted text end 626.557new text begin or chapter 260Enew text end, or a
disqualification for serious or recurring maltreatment which was not set aside, the scope of
the contested case hearing shall include the maltreatment determination, disqualification,
and the licensing sanction or denial of a license, unless otherwise specified in this subdivision.
In such cases, a fair hearing under section 256.045 shall not be conducted as provided for
in sections 245C.27, deleted text begin626.556, subdivision 10ideleted text endnew text begin 260E.33new text end, and 626.557, subdivision 9d.

(b) Except for family child care and child foster care, reconsideration of a maltreatment
determination under sections deleted text begin626.556, subdivision 10i,deleted text endnew text begin 260E.33new text end and 626.557, subdivision
9d, and reconsideration of a disqualification under section 245C.22, shall not be conducted
when:

(1) a denial of a license under section 245A.05, or a licensing sanction under section
245A.07, is based on a determination that the license holder is responsible for maltreatment
or the disqualification of a license holder is based on serious or recurring maltreatment;

(2) the denial of a license or licensing sanction is issued at the same time as the
maltreatment determination or disqualification; and

(3) the license holder appeals the maltreatment determination or disqualification, and
denial of a license or licensing sanction. In these cases, a fair hearing shall not be conducted
under sections 245C.27, deleted text begin626.556, subdivision 10ideleted text endnew text begin 260E.33new text end, and 626.557, subdivision 9d.
The scope of the contested case hearing must include the maltreatment determination,
disqualification, and denial of a license or licensing sanction.

Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment
determination or disqualification, but does not appeal the denial of a license or a licensing
sanction, reconsideration of the maltreatment determination shall be conducted under sections
deleted text begin 626.556, subdivision 10i,deleted text endnew text begin 260E.33new text end and 626.557, subdivision 9d, and reconsideration of the
disqualification shall be conducted under section 245C.22. In such cases, a fair hearing shall
also be conducted as provided under sections 245C.27, deleted text begin626.556, subdivision 10ideleted text endnew text begin 260E.33new text end,
and 626.557, subdivision 9d.

(c) In consolidated contested case hearings regarding sanctions issued in family child
care, child foster care, family adult day services, adult foster care, and community residential
settings, the county attorney shall defend the commissioner's orders in accordance with
section 245A.16, subdivision 4.

(d) The commissioner's final order under subdivision 5 is the final agency action on the
issue of maltreatment and disqualification, including for purposes of subsequent background
studies under chapter 245C and is the only administrative appeal of the final agency
determination, specifically, including a challenge to the accuracy and completeness of data
under section 13.04.

(e) When consolidated hearings under this subdivision involve a licensing sanction based
on a previous maltreatment determination for which the commissioner has issued a final
order in an appeal of that determination under section 256.045, or the individual failed to
exercise the right to appeal the previous maltreatment determination under section deleted text begin626.556,
subdivision 10i,deleted text endnew text begin 260E.33new text end or 626.557, subdivision 9d, the commissioner's order is conclusive
on the issue of maltreatment. In such cases, the scope of the administrative law judge's
review shall be limited to the disqualification and the licensing sanction or denial of a license.
In the case of a denial of a license or a licensing sanction issued to a facility based on a
maltreatment determination regarding an individual who is not the license holder or a
household member, the scope of the administrative law judge's review includes the
maltreatment determination.

(f) The hearings of all parties may be consolidated into a single contested case hearing
upon consent of all parties and the administrative law judge, if:

(1) a maltreatment determination or disqualification, which was not set aside under
section 245C.22, is the basis for a denial of a license under section 245A.05 or a licensing
sanction under section 245A.07;

(2) the disqualified subject is an individual other than the license holder and upon whom
a background study must be conducted under section 245C.03; and

(3) the individual has a hearing right under section 245C.27.

(g) When a denial of a license under section 245A.05 or a licensing sanction under
section 245A.07 is based on a disqualification for which reconsideration was requested and
was not set aside under section 245C.22, and the individual otherwise has no hearing right
under section 245C.27, the scope of the administrative law judge's review shall include the
denial or sanction and a determination whether the disqualification should be set aside,
unless section 245C.24 prohibits the set-aside of the disqualification. In determining whether
the disqualification should be set aside, the administrative law judge shall consider the
factors under section 245C.22, subdivision 4, to determine whether the individual poses a
risk of harm to any person receiving services from the license holder.

(h) Notwithstanding section 245C.30, subdivision 5, when a licensing sanction under
section 245A.07 is based on the termination of a variance under section 245C.30, subdivision
4, the scope of the administrative law judge's review shall include the sanction and a
determination whether the disqualification should be set aside, unless section 245C.24
prohibits the set-aside of the disqualification. In determining whether the disqualification
should be set aside, the administrative law judge shall consider the factors under section
245C.22, subdivision 4, to determine whether the individual poses a risk of harm to any
person receiving services from the license holder.

Sec. 46.

Minnesota Statutes 2018, section 245A.085, is amended to read:

245A.085 CONSOLIDATION OF HEARINGS; RECONSIDERATION.

Hearings authorized under this chapter, deleted text beginchapter 245C, anddeleted text end sections 256.045, 256B.04,
deleted text begin 626.556,deleted text end and 626.557new text begin, and chapters 245C and 260Enew text end, shall be consolidated if feasible and
in accordance with other applicable statutes and rules. Reconsideration under sections
245C.28; deleted text begin626.556, subdivision 10ideleted text endnew text begin 260E.33new text end; and 626.557, subdivision 9d, shall also be
consolidated if feasible.

Sec. 47.

Minnesota Statutes 2018, section 245A.11, subdivision 7b, is amended to read:

Subd. 7b.

Adult foster care data privacy and security.

(a) An adult foster care or
community residential setting license holder who creates, collects, records, maintains, stores,
or discloses any individually identifiable recipient data, whether in an electronic or any
other format, must comply with the privacy and security provisions of applicable privacy
laws and regulations, including:

(1) the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA),
Public Law 104-1; and the HIPAA Privacy Rule, Code of Federal Regulations, title 45, part
160, and subparts A and E of part 164; and

(2) the Minnesota Government Data Practices Act as codified in chapter 13.

(b) For purposes of licensure, the license holder shall be monitored for compliance with
the following data privacy and security provisions:

(1) the license holder must control access to data on residents served by the program
according to the definitions of public and private data on individuals under section 13.02;
classification of the data on individuals as private under section 13.46, subdivision 2; and
control over the collection, storage, use, access, protection, and contracting related to data
according to section 13.05, in which the license holder is assigned the duties of a government
entity;

(2) the license holder must provide each resident served by the program with a notice
that meets the requirements under section 13.04, in which the license holder is assigned the
duties of the government entity, and that meets the requirements of Code of Federal
Regulations, title 45, part 164.52. The notice shall describe the purpose for collection of
the data, and to whom and why it may be disclosed pursuant to law. The notice must inform
the individual that the license holder uses electronic monitoring and, if applicable, that
recording technology is used;

(3) the license holder must not install monitoring cameras in bathrooms;

(4) electronic monitoring cameras must not be concealed from the residents served by
the program; and

(5) electronic video and audio recordings of residents served by the program shall be
stored by the license holder for five days unless: (i) a resident served by the program or
legal representative requests that the recording be held longer based on a specific report of
alleged maltreatment; or (ii) the recording captures an incident or event of alleged
maltreatment under section deleted text begin626.556 ordeleted text end 626.557 new text beginor chapter 260E new text endor a crime under chapter
609. When requested by a resident served by the program or when a recording captures an
incident or event of alleged maltreatment or a crime, the license holder must maintain the
recording in a secured area for no longer than 30 days to give the investigating agency an
opportunity to make a copy of the recording. The investigating agency will maintain the
electronic video or audio recordings as required in section 626.557, subdivision 12b.

(c) The commissioner shall develop, and make available to license holders and county
licensing workers, a checklist of the data privacy provisions to be monitored for purposes
of licensure.

Sec. 48.

Minnesota Statutes 2019 Supplement, section 245A.145, subdivision 1, is amended
to read:

Subdivision 1.

Policies and procedures.

(a) The Department of Human Services must
develop policies and procedures for reporting suspected child maltreatment that fulfill the
requirements in deleted text beginsection 626.556deleted text endnew text begin chapter 260Enew text end and provide the policies and procedures to
all licensed child care providers. The policies and procedures must be written in plain
language.

(b) The policies and procedures required in paragraph (a) must:

(1) be provided to the parents of all children at the time of enrollment in the child care
program; and

(2) be made available upon request.

Sec. 49.

Minnesota Statutes 2019 Supplement, section 245A.40, subdivision 1, is amended
to read:

Subdivision 1.

Orientation.

(a) The child care center license holder must ensure that
the director, staff persons, substitutes, and unsupervised volunteers are given orientation
training and successfully complete the training before starting assigned duties. The orientation
training must include information about:

(1) the center's philosophy, child care program, and procedures for maintaining health
and safety according to section 245A.41 and Minnesota Rules, part 9503.0140, and handling
emergencies and accidents according to Minnesota Rules, part 9503.0110;

(2) specific job responsibilities;

(3) the behavior guidance standards in Minnesota Rules, part 9503.0055;

(4) the reporting responsibilities in deleted text beginsection 626.556,deleted text endnew text begin chapter 260Enew text end and Minnesota Rules,
part 9503.0130;

(5) the center's drug and alcohol policy under section 245A.04, subdivision 1, paragraph
(c);

(6) the center's risk reduction plan as required under section 245A.66, subdivision 2;

(7) at least one-half hour of training on the standards under section 245A.1435 and on
reducing the risk of sudden unexpected infant death as required in subdivision 5, if applicable;

(8) at least one-half hour of training on the risk of abusive head trauma as required for
the director and staff under subdivision 5a, if applicable; and

(9) training required by a child's individual child care program plan as required under
Minnesota Rules, part 9503.0065, subpart 3, if applicable.

(b) In addition to paragraph (a), before having unsupervised direct contact with a child,
the director and staff persons within the first 90 days of employment, and substitutes and
unsupervised volunteers within 90 days after the first date of direct contact with a child,
must complete:

(1) pediatric first aid, in accordance with subdivision 3; and

(2) pediatric cardiopulmonary resuscitation, in accordance with subdivision 4.

(c) In addition to paragraph (b), the director and staff persons within the first 90 days
of employment, and substitutes and unsupervised volunteers within 90 days from the first
date of direct contact with a child, must complete training in child development, in accordance
with subdivision 2.

(d) The license holder must ensure that documentation, as required in subdivision 10,
identifies the number of hours completed for each topic with a minimum training time
identified, if applicable, and that all required content is included.

(e) Training in this subdivision must not be used to meet in-service training requirements
in subdivision 7.

(f) Training completed within the previous 12 months under paragraphs (a), clauses (7)
and (8), and (c) are transferable to another child care center.

Sec. 50.

Minnesota Statutes 2018, section 245C.05, subdivision 6, is amended to read:

Subd. 6.

Applicant, license holder, other entities, and agencies.

(a) The applicant,
license holder, other entities as provided in this chapter, Bureau of Criminal Apprehension,
law enforcement agencies, commissioner of health, and county agencies shall help with the
study by giving the commissioner criminal conviction data and reports about the maltreatment
of adults substantiated under section 626.557 and the maltreatment of minors substantiated
under deleted text beginsection 626.556deleted text endnew text begin chapter 260Enew text end.

(b) If a background study is initiated by an applicant, license holder, or other entities as
provided in this chapter, and the applicant, license holder, or other entity receives information
about the possible criminal or maltreatment history of an individual who is the subject of
the background study, the applicant, license holder, or other entity must immediately provide
the information to the commissioner.

(c) The program or county or other agency must provide written notice to the individual
who is the subject of the background study of the requirements under this subdivision.

Sec. 51.

Minnesota Statutes 2018, section 245C.15, subdivision 4, is amended to read:

Subd. 4.

Seven-year disqualification.

(a) An individual is disqualified under section
245C.14 if: (1) less than seven years has passed since the discharge of the sentence imposed,
if any, for the offense; and (2) the individual has committed a misdemeanor-level violation
of any of the following offenses: sections 256.98 (wrongfully obtaining assistance); 268.182
(fraud); 393.07, subdivision 10, paragraph (c) (federal Food Stamp Program fraud); 609.2112,
609.2113, or 609.2114 (criminal vehicular homicide or injury); 609.221 (assault in the first
degree); 609.222 (assault in the second degree); 609.223 (assault in the third degree);
609.2231 (assault in the fourth degree); 609.224 (assault in the fifth degree); 609.2242
(domestic assault); 609.2335 (financial exploitation of a vulnerable adult); 609.234 (failure
to report maltreatment of a vulnerable adult); 609.2672 (assault of an unborn child in the
third degree); 609.27 (coercion); violation of an order for protection under 609.3232
(protective order authorized; procedures; penalties); 609.466 (medical assistance fraud);
609.52 (theft); 609.525 (bringing stolen goods into Minnesota); 609.527 (identity theft);
609.53 (receiving stolen property); 609.535 (issuance of dishonored checks); 609.611
(insurance fraud); 609.66 (dangerous weapons); 609.665 (spring guns); 609.746 (interference
with privacy); 609.79 (obscene or harassing telephone calls); 609.795 (letter, telegram, or
package; opening; harassment); 609.82 (fraud in obtaining credit); 609.821 (financial
transaction card fraud); 617.23 (indecent exposure), not involving a minor; 617.293 (harmful
materials; dissemination and display to minors prohibited); or Minnesota Statutes 2012,
section 609.21; or violation of an order for protection under section 518B.01 (Domestic
Abuse Act).

(b) An individual is disqualified under section 245C.14 if less than seven years has
passed since a determination or disposition of the individual's:

(1) failure to make required reports under section deleted text begin626.556, subdivision 3,deleted text endnew text begin 260E.06new text end or
626.557, subdivision 3, for incidents in which: (i) the final disposition under section deleted text begin626.556
ordeleted text end 626.557 new text beginor chapter 260E new text endwas substantiated maltreatment, and (ii) the maltreatment was
recurring or serious; or

(2) substantiated serious or recurring maltreatment of a minor under deleted text beginsection 626.556deleted text endnew text begin
chapter 260Enew text end, a vulnerable adult under section 626.557, or serious or recurring maltreatment
in any other state, the elements of which are substantially similar to the elements of
maltreatment under section deleted text begin626.556 ordeleted text end 626.557 new text beginor chapter 260E new text endfor which: (i) there is a
preponderance of evidence that the maltreatment occurred, and (ii) the subject was
responsible for the maltreatment.

(c) An individual is disqualified under section 245C.14 if less than seven years has
passed since the individual's aiding and abetting, attempt, or conspiracy to commit any of
the offenses listed in paragraphs (a) and (b), as each of these offenses is defined in Minnesota
Statutes.

(d) An individual is disqualified under section 245C.14 if less than seven years has
passed since the discharge of the sentence imposed for an offense in any other state or
country, the elements of which are substantially similar to the elements of any of the offenses
listed in paragraphs (a) and (b).

(e) When a disqualification is based on a judicial determination other than a conviction,
the disqualification period begins from the date of the court order. When a disqualification
is based on an admission, the disqualification period begins from the date of an admission
in court. When a disqualification is based on an Alford Plea, the disqualification period
begins from the date the Alford Plea is entered in court. When a disqualification is based
on a preponderance of evidence of a disqualifying act, the disqualification date begins from
the date of the dismissal, the date of discharge of the sentence imposed for a conviction for
a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.

(f) An individual is disqualified under section 245C.14 if less than seven years has passed
since the individual was disqualified under section 256.98, subdivision 8.

Sec. 52.

Minnesota Statutes 2018, section 245C.16, subdivision 1, is amended to read:

Subdivision 1.

Determining immediate risk of harm.

(a) If the commissioner determines
that the individual studied has a disqualifying characteristic, the commissioner shall review
the information immediately available and make a determination as to the subject's immediate
risk of harm to persons served by the program where the individual studied will have direct
contact with, or access to, people receiving services.

(b) The commissioner shall consider all relevant information available, including the
following factors in determining the immediate risk of harm:

(1) the recency of the disqualifying characteristic;

(2) the recency of discharge from probation for the crimes;

(3) the number of disqualifying characteristics;

(4) the intrusiveness or violence of the disqualifying characteristic;

(5) the vulnerability of the victim involved in the disqualifying characteristic;

(6) the similarity of the victim to the persons served by the program where the individual
studied will have direct contact;

(7) whether the individual has a disqualification from a previous background study that
has not been set aside; and

(8) if the individual has a disqualification which may not be set aside because it is a
permanent bar under section 245C.24, subdivision 1, or the individual is a child care
background study subject who has a felony-level conviction for a drug-related offense in
the last five years, the commissioner may order the immediate removal of the individual
from any position allowing direct contact with, or access to, persons receiving services from
the program.

(c) This section does not apply when the subject of a background study is regulated by
a health-related licensing board as defined in chapter 214, and the subject is determined to
be responsible for substantiated maltreatment under section deleted text begin626.556 ordeleted text end 626.557new text begin or chapter
260Enew text end.

(d) This section does not apply to a background study related to an initial application
for a child foster care license.

(e) Except for paragraph (f), this section does not apply to a background study that is
also subject to the requirements under section 256B.0659, subdivisions 11 and 13, for a
personal care assistant or a qualified professional as defined in section 256B.0659,
subdivision 1.

(f) If the commissioner has reason to believe, based on arrest information or an active
maltreatment investigation, that an individual poses an imminent risk of harm to persons
receiving services, the commissioner may order that the person be continuously supervised
or immediately removed pending the conclusion of the maltreatment investigation or criminal
proceedings.

Sec. 53.

Minnesota Statutes 2018, section 245C.17, subdivision 3, is amended to read:

Subd. 3.

Disqualification notification.

(a) The commissioner shall notify an applicant,
license holder, or other entity as provided in this chapter who is not the subject of the study:

(1) that the commissioner has found information that disqualifies the individual studied
from being in a position allowing direct contact with, or access to, people served by the
program; and

(2) the commissioner's determination of the individual's risk of harm under section
245C.16.

(b) If the commissioner determines under section 245C.16 that an individual studied
poses an imminent risk of harm to persons served by the program where the individual
studied will have direct contact with, or access to, people served by the program, the
commissioner shall order the license holder to immediately remove the individual studied
from any position allowing direct contact with, or access to, people served by the program.

(c) If the commissioner determines under section 245C.16 that an individual studied
poses a risk of harm that requires continuous, direct supervision, the commissioner shall
order the applicant, license holder, or other entities as provided in this chapter to:

(1) immediately remove the individual studied from any position allowing direct contact
with, or access to, people receiving services; or

(2) before allowing the disqualified individual to be in a position allowing direct contact
with, or access to, people receiving services, the applicant, license holder, or other entity,
as provided in this chapter, must:

(i) obtain from the disqualified individual a copy of the individual's notice of
disqualification from the commissioner that explains the reason for disqualification;

(ii) ensure that the individual studied is under continuous, direct supervision when in a
position allowing direct contact with, or access to, people receiving services during the
period in which the individual may request a reconsideration of the disqualification under
section 245C.21; and

(iii) ensure that the disqualified individual requests reconsideration within 30 days of
receipt of the notice of disqualification.

(d) If the commissioner determines under section 245C.16 that an individual studied
does not pose a risk of harm that requires continuous, direct supervision, the commissioner
shall order the applicant, license holder, or other entities as provided in this chapter to:

(1) immediately remove the individual studied from any position allowing direct contact
with, or access to, people receiving services; or

(2) before allowing the disqualified individual to be in any position allowing direct
contact with, or access to, people receiving services, the applicant, license holder, or other
entity as provided in this chapter must:

(i) obtain from the disqualified individual a copy of the individual's notice of
disqualification from the commissioner that explains the reason for disqualification; and

(ii) ensure that the disqualified individual requests reconsideration within 15 days of
receipt of the notice of disqualification.

(e) The commissioner shall not notify the applicant, license holder, or other entity as
provided in this chapter of the information contained in the subject's background study
unless:

(1) the basis for the disqualification is failure to cooperate with the background study
or substantiated maltreatment under section deleted text begin626.556 ordeleted text end 626.557new text begin or chapter 260Enew text end;

(2) the Data Practices Act under chapter 13 provides for release of the information; or

(3) the individual studied authorizes the release of the information.

Sec. 54.

Minnesota Statutes 2018, section 245C.21, subdivision 2, is amended to read:

Subd. 2.

Time frame for requesting reconsideration.

(a) When the commissioner
sends an individual a notice of disqualification based on a finding under section 245C.16,
subdivision 2, paragraph (a), clause (1) or (2), the disqualified individual must submit the
request for a reconsideration within 30 calendar days of the individual's receipt of the notice
of disqualification. If mailed, the request for reconsideration must be postmarked and sent
to the commissioner within 30 calendar days of the individual's receipt of the notice of
disqualification. If a request for reconsideration is made by personal service, it must be
received by the commissioner within 30 calendar days after the individual's receipt of the
notice of disqualification. Upon showing that the information under subdivision 3 cannot
be obtained within 30 days, the disqualified individual may request additional time, not to
exceed 30 days, to obtain the information.

(b) When the commissioner sends an individual a notice of disqualification based on a
finding under section 245C.16, subdivision 2, paragraph (a), clause (3), the disqualified
individual must submit the request for reconsideration within 15 calendar days of the
individual's receipt of the notice of disqualification. If mailed, the request for reconsideration
must be postmarked and sent to the commissioner within 15 calendar days of the individual's
receipt of the notice of disqualification. If a request for reconsideration is made by personal
service, it must be received by the commissioner within 15 calendar days after the individual's
receipt of the notice of disqualification.

(c) An individual who was determined to have maltreated a child under deleted text beginsection 626.556deleted text endnew text begin
chapter 260Enew text end or a vulnerable adult under section 626.557, and who is disqualified on the
basis of serious or recurring maltreatment, may request a reconsideration of both the
maltreatment and the disqualification determinations. The request must be submitted within
30 calendar days of the individual's receipt of the notice of disqualification. If mailed, the
request for reconsideration must be postmarked and sent to the commissioner within 30
calendar days of the individual's receipt of the notice of disqualification. If a request for
reconsideration is made by personal service, it must be received by the commissioner within
30 calendar days after the individual's receipt of the notice of disqualification.

(d) Except for family child care and child foster care, reconsideration of a maltreatment
determination under sections deleted text begin626.556, subdivision 10i,deleted text endnew text begin 260E.33new text end and 626.557, subdivision
9d, and reconsideration of a disqualification under section 245C.22, shall not be conducted
when:

(2) the denial of a license or licensing sanction is issued at the same time as the
maltreatment determination or disqualification; and

(3) the license holder appeals the maltreatment determination, disqualification, and
denial of a license or licensing sanction. In such cases, a fair hearing under section 256.045
must not be conducted under sections 245C.27, deleted text begin626.556, subdivision 10ideleted text endnew text begin 260E.33new text end, and
626.557, subdivision 9d. Under section 245A.08, subdivision 2a, the scope of the
consolidated contested case hearing must include the maltreatment determination,
disqualification, and denial of a license or licensing sanction.

Sec. 55.

Minnesota Statutes 2018, section 245C.24, subdivision 4, is amended to read:

Subd. 4.

Seven-year bar to set aside disqualification.

The commissioner may not set
aside the disqualification of an individual in connection with a license to provide family
child care for children, foster care for children in the provider's home, or foster care or day
care services for adults in the provider's home if within seven years preceding the study:

(1) the individual committed an act that constitutes maltreatment of a child under deleted text beginsection
626.556, subdivision 10e,deleted text endnew text begin sections 260E.24, subdivisions 1, 2, and 3, and 260E.30,
subdivisions 1, 2, and 4,new text end and the maltreatment resulted in substantial bodily harm as defined
in section 609.02, subdivision 7a, or substantial mental or emotional harm as supported by
competent psychological or psychiatric evidence; or

(2) the individual was determined under section 626.557 to be the perpetrator of a
substantiated incident of maltreatment of a vulnerable adult that resulted in substantial
bodily harm as defined in section 609.02, subdivision 7a, or substantial mental or emotional
harm as supported by competent psychological or psychiatric evidence.

Sec. 56.

Minnesota Statutes 2018, section 245C.25, is amended to read:

245C.25 CONSOLIDATED RECONSIDERATION OF MALTREATMENT
DETERMINATION AND DISQUALIFICATION.

If an individual is disqualified on the basis of a determination of maltreatment under
section deleted text begin626.556 ordeleted text end 626.557new text begin or chapter 260Enew text end, which was serious or recurring, and the
individual requests reconsideration of the maltreatment determination under section deleted text begin626.556,
subdivision 10i,deleted text endnew text begin 260E.33new text end or 626.557, subdivision 9d, and also requests reconsideration of
the disqualification under section 245C.21, the commissioner shall consolidate the
reconsideration of the maltreatment determination and the disqualification into a single
reconsideration.

Sec. 57.

Minnesota Statutes 2018, section 245C.27, subdivision 1, is amended to read:

Subdivision 1.

Fair hearing following a reconsideration decision.

(a) An individual
who is disqualified on the basis of a preponderance of evidence that the individual committed
an act or acts that meet the definition of any of the crimes listed in section 245C.15; for a
determination under section deleted text begin626.556 ordeleted text end 626.557 new text beginor chapter 260E new text endof substantiated
maltreatment that was serious or recurring under section 245C.15; or for failure to make
required reports under section deleted text begin626.556, subdivision 3;deleted text endnew text begin 260E.06, subdivision 1 or 2; 260E.11,
subdivision 1;new text end or 626.557, subdivision 3, pursuant to section 245C.15, subdivision 4,
paragraph (b), clause (1), may request a fair hearing under section 256.045, following a
reconsideration decision issued under section 245C.23, unless the disqualification is deemed
conclusive under section 245C.29.

(b) The fair hearing is the only administrative appeal of the final agency determination
for purposes of appeal by the disqualified individual. The disqualified individual does not
have the right to challenge the accuracy and completeness of data under section 13.04.

(c) Except as provided under paragraph (e), if the individual was disqualified based on
a conviction of, admission to, or Alford Plea to any crimes listed in section 245C.15,
subdivisions 1 to 4, or for a disqualification under section 256.98, subdivision 8, the
reconsideration decision under section 245C.22 is the final agency determination for purposes
of appeal by the disqualified individual and is not subject to a hearing under section 256.045.
If the individual was disqualified based on a judicial determination, that determination is
treated the same as a conviction for purposes of appeal.

(d) This subdivision does not apply to a public employee's appeal of a disqualification
under section 245C.28, subdivision 3.

(e) Notwithstanding paragraph (c), if the commissioner does not set aside a
disqualification of an individual who was disqualified based on both a preponderance of
evidence and a conviction or admission, the individual may request a fair hearing under
section 256.045, unless the disqualifications are deemed conclusive under section 245C.29.
The scope of the hearing conducted under section 256.045 with regard to the disqualification
based on a conviction or admission shall be limited solely to whether the individual poses
a risk of harm, according to section 256.045, subdivision 3b. In this case, the reconsideration
decision under section 245C.22 is not the final agency decision for purposes of appeal by
the disqualified individual.

Sec. 58.

Minnesota Statutes 2018, section 245C.27, subdivision 2, is amended to read:

Subd. 2.

Consolidated fair hearing following a reconsideration decision.

(a) If an
individual who is disqualified on the bases of serious or recurring maltreatment requests a
fair hearing on the maltreatment determination under section deleted text begin626.556, subdivision 10i,deleted text endnew text begin
260E.33new text end or 626.557, subdivision 9d, and requests a fair hearing under this section on the
disqualification following a reconsideration decision under section 245C.23, the scope of
the fair hearing under section 256.045 shall include the maltreatment determination and the
disqualification.

(b) A fair hearing is the only administrative appeal of the final agency determination.
The disqualified individual does not have the right to challenge the accuracy and
completeness of data under section 13.04.

(c) This subdivision does not apply to a public employee's appeal of a disqualification
under section 245C.28, subdivision 3.

Sec. 59.

Minnesota Statutes 2018, section 245C.28, subdivision 1, is amended to read:

Subdivision 1.

License holder.

(a) If a maltreatment determination or a disqualification
for which reconsideration was timely requested and which was not set aside is the basis for
a denial of a license under section 245A.05 or a licensing sanction under section 245A.07,
the license holder has the right to a contested case hearing under chapter 14 and Minnesota
Rules, parts 1400.8505 to 1400.8612. The license holder must submit the appeal under
section 245A.05 or 245A.07, subdivision 3.

(b) As provided under section 245A.08, subdivision 2a, if the denial of a license or
licensing sanction is based on a disqualification for which reconsideration was timely
requested and was not set aside, the scope of the consolidated contested case hearing must
include:

(1) the disqualification, to the extent the license holder otherwise has a hearing right on
the disqualification under this chapter; and

(2) the licensing sanction or denial of a license.

(c) As provided for under section 245A.08, subdivision 2a, if the denial of a license or
licensing sanction is based on a determination of maltreatment under section deleted text begin626.556 ordeleted text end
626.557new text begin or chapter 260Enew text end, or a disqualification for serious or recurring maltreatment which
was not set aside, the scope of the contested case hearing must include:

(1) the maltreatment determination, if the maltreatment is not conclusive under section
245C.29;

(2) the disqualification, if the disqualification is not conclusive under section 245C.29;
and

(3) the licensing sanction or denial of a license. In such cases, a fair hearing must not
be conducted under section 256.045. If the disqualification was based on a determination
of substantiated serious or recurring maltreatment under section deleted text begin626.556 ordeleted text end 626.557new text begin or
chapter 260Enew text end, the appeal must be submitted under sections 245A.07, subdivision 3, deleted text beginand
626.556, subdivision 10i,deleted text endnew text begin 260E.33,new text end or 626.557, subdivision 9d.

(2) the denial of a license or licensing sanction is issued at the same time as the
maltreatment determination or disqualification; and

(3) the license holder appeals the maltreatment determination, disqualification, and
denial of a license or licensing sanction. In such cases a fair hearing under section 256.045
must not be conducted under sections 245C.27, deleted text begin626.556, subdivision 10i,deleted text endnew text begin 260E.33,new text end and
626.557, subdivision 9d. Under section 245A.08, subdivision 2a, the scope of the
consolidated contested case hearing must include the maltreatment determination,
disqualification, and denial of a license or licensing sanction.

Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment
determination or disqualification, but does not appeal the denial of a license or a licensing
sanction, reconsideration of the maltreatment determination shall be conducted under sections
deleted text begin 626.556, subdivision 10i,deleted text endnew text begin 260E.33new text end and 626.557, subdivision 9d, and reconsideration of the
disqualification shall be conducted under section 245C.22. In such cases, a fair hearing shall
also be conducted as provided under sections 245C.27, deleted text begin626.556, subdivision 10i,deleted text endnew text begin 260E.33,new text end
and 626.557, subdivision 9d.

Sec. 60.

Minnesota Statutes 2018, section 245C.29, subdivision 1, is amended to read:

Subdivision 1.

Conclusive maltreatment determination or disposition.

Unless
otherwise specified in statute, a maltreatment determination or disposition under section
deleted text begin 626.556 ordeleted text end 626.557 new text beginor chapter 260E new text endis conclusive, if:

(1) the commissioner has issued a final order in an appeal of that determination or
disposition under section 245A.08, subdivision 5, or 256.045;

(2) the individual did not request reconsideration of the maltreatment determination or
disposition under section deleted text begin626.556 ordeleted text end 626.557new text begin or chapter 260Enew text end; or

(3) the individual did not request a hearing of the maltreatment determination or
disposition under section 256.045.

Sec. 61.

Minnesota Statutes 2018, section 245C.31, subdivision 1, is amended to read:

Subdivision 1.

Board determines disciplinary or corrective action.

(a) When the
subject of a background study is regulated by a health-related licensing board as defined in
chapter 214, and the commissioner determines that the regulated individual is responsible
for substantiated maltreatment under section deleted text begin626.556 ordeleted text end 626.557new text begin or chapter 260Enew text end, instead
of the commissioner making a decision regarding disqualification, the board shall make a
determination whether to impose disciplinary or corrective action under chapter 214.

(b) This section does not apply to a background study of an individual regulated by a
health-related licensing board if the individual's study is related to child foster care, adult
foster care, or family child care licensure.

Sec. 62.

Minnesota Statutes 2018, section 245C.32, subdivision 2, is amended to read:

Subd. 2.

Use.

(a) The commissioner may also use these systems and records to obtain
and provide criminal history data from the Bureau of Criminal Apprehension, criminal
history data held by the commissioner, and data about substantiated maltreatment under
section deleted text begin626.556 ordeleted text end 626.557new text begin or chapter 260Enew text end, for other purposes, provided that:

(1) the background study is specifically authorized in statute; or

(2) the request is made with the informed consent of the subject of the study as provided
in section 13.05, subdivision 4.

(b) An individual making a request under paragraph (a), clause (2), must agree in writing
not to disclose the data to any other individual without the consent of the subject of the data.

(c) The commissioner may recover the cost of obtaining and providing background study
data by charging the individual or entity requesting the study a fee of no more than $20 per
study. The fees collected under this paragraph are appropriated to the commissioner for the
purpose of conducting background studies.

(d) The commissioner shall recover the cost of obtaining background study data required
under section 524.5-118 through a fee of $50 per study for an individual who has not lived
outside Minnesota for the past ten years, and a fee of $100 for an individual who has resided
outside of Minnesota for any period during the ten years preceding the background study.
The commissioner shall recover, from the individual, any additional fees charged by other
states' licensing agencies that are associated with these data requests. Fees under subdivision
3 also apply when criminal history data from the National Criminal Records Repository is
required.

Sec. 63.

Minnesota Statutes 2018, section 245D.02, subdivision 11, is amended to read:

Subd. 11.

Incident.

"Incident" means an occurrence which involves a person and requires
the program to make a response that is not a part of the program's ordinary provision of
services to that person, and includes:

(1) serious injury of a person as determined by section 245.91, subdivision 6;

(2) a person's death;

(3) any medical emergency, unexpected serious illness, or significant unexpected change
in an illness or medical condition of a person that requires the program to call 911, physician
treatment, or hospitalization;

(4) any mental health crisis that requires the program to call 911, a mental health crisis
intervention team, or a similar mental health response team or service when available and
appropriate;

(5) an act or situation involving a person that requires the program to call 911, law
enforcement, or the fire department;

(6) a person's unauthorized or unexplained absence from a program;

(7) conduct by a person receiving services against another person receiving services
that:

(i) is so severe, pervasive, or objectively offensive that it substantially interferes with a
person's opportunities to participate in or receive service or support;

(ii) places the person in actual and reasonable fear of harm;

(iii) places the person in actual and reasonable fear of damage to property of the person;
or

(iv) substantially disrupts the orderly operation of the program;

(8) any sexual activity between persons receiving services involving force or coercion
as defined under section 609.341, subdivisions 3 and 14;

(9) any emergency use of manual restraint as identified in section 245D.061 or successor
provisions; or

(10) a report of alleged or suspected child or vulnerable adult maltreatment under section
deleted text begin 626.556 ordeleted text end 626.557new text begin or chapter 260Enew text end.

Sec. 64.

Minnesota Statutes 2018, section 245D.06, subdivision 1, is amended to read:

Subdivision 1.

Incident response and reporting.

(a) The license holder must respond
to incidents under section 245D.02, subdivision 11, that occur while providing services to
protect the health and safety of and minimize risk of harm to the person.

(b) The license holder must maintain information about and report incidents to the
person's legal representative or designated emergency contact and case manager within 24
hours of an incident occurring while services are being provided, within 24 hours of discovery
or receipt of information that an incident occurred, unless the license holder has reason to
know that the incident has already been reported, or as otherwise directed in a person's
coordinated service and support plan or coordinated service and support plan addendum.
An incident of suspected or alleged maltreatment must be reported as required under
paragraph (d), and an incident of serious injury or death must be reported as required under
paragraph (e).

(c) When the incident involves more than one person, the license holder must not disclose
personally identifiable information about any other person when making the report to each
person and case manager unless the license holder has the consent of the person.

(d) Within 24 hours of reporting maltreatment as required under section deleted text begin626.556 ordeleted text end
626.557new text begin or chapter 260Enew text end, the license holder must inform the case manager of the report
unless there is reason to believe that the case manager is involved in the suspected
maltreatment. The license holder must disclose the nature of the activity or occurrence
reported and the agency that received the report.

(e) The license holder must report the death or serious injury of the person as required
in paragraph (b) and to the Department of Human Services Licensing Division, and the
Office of Ombudsman for Mental Health and Developmental Disabilities as required under
section 245.94, subdivision 2a, within 24 hours of the death or serious injury, or receipt of
information that the death or serious injury occurred, unless the license holder has reason
to know that the death or serious injury has already been reported.

(f) When a death or serious injury occurs in a facility certified as an intermediate care
facility for persons with developmental disabilities, the death or serious injury must be
reported to the Department of Health, Office of Health Facility Complaints, and the Office
of Ombudsman for Mental Health and Developmental Disabilities, as required under sections
245.91 and 245.94, subdivision 2a, unless the license holder has reason to know that the
death or serious injury has already been reported.

(g) The license holder must conduct an internal review of incident reports of deaths and
serious injuries that occurred while services were being provided and that were not reported
by the program as alleged or suspected maltreatment, for identification of incident patterns,
and implementation of corrective action as necessary to reduce occurrences. The review
must include an evaluation of whether related policies and procedures were followed,
whether the policies and procedures were adequate, whether there is a need for additional
staff training, whether the reported event is similar to past events with the persons or the
services involved, and whether there is a need for corrective action by the license holder to
protect the health and safety of persons receiving services. Based on the results of this
review, the license holder must develop, document, and implement a corrective action plan
designed to correct current lapses and prevent future lapses in performance by staff or the
license holder, if any.

(h) The license holder must verbally report the emergency use of manual restraint of a
person as required in paragraph (b) within 24 hours of the occurrence. The license holder
must ensure the written report and internal review of all incident reports of the emergency
use of manual restraints are completed according to the requirements in section 245D.061
or successor provisions.

Sec. 65.

Minnesota Statutes 2018, section 245D.06, subdivision 6, is amended to read:

Subd. 6.

Restricted procedures.

(a) The following procedures are allowed when the
procedures are implemented in compliance with the standards governing their use as
identified in clauses (1) to (3). Allowed but restricted procedures include:

(1) permitted actions and procedures subject to the requirements in subdivision 7;

(2) procedures identified in a positive support transition plan subject to the requirements
in subdivision 8; or

(3) emergency use of manual restraint subject to the requirements in section 245D.061.

(b) A restricted procedure identified in paragraph (a) must not:

(1) be implemented with a child in a manner that constitutes sexual abuse, neglect,
physical abuse, or mental injury, as defined in section deleted text begin626.556, subdivision 2deleted text endnew text begin 260E.03new text end;

(2) be implemented with an adult in a manner that constitutes abuse or neglect as defined
in section 626.5572, subdivision 2 or 17;

(3) be implemented in a manner that violates a person's rights identified in section
245D.04;

(4) restrict a person's normal access to a nutritious diet, drinking water, adequate
ventilation, necessary medical care, ordinary hygiene facilities, normal sleeping conditions,
necessary clothing, or any protection required by state licensing standards or federal
regulations governing the program;

(5) deny the person visitation or ordinary contact with legal counsel, a legal representative,
or next of kin;

(6) be used for the convenience of staff, as punishment, as a substitute for adequate
staffing, or as a consequence if the person refuses to participate in the treatment or services
provided by the program;

(7) use prone restraint. For purposes of this section, "prone restraint" means use of
manual restraint that places a person in a face-down position. Prone restraint does not include
brief physical holding of a person who, during an emergency use of manual restraint, rolls
into a prone position, if the person is restored to a standing, sitting, or side-lying position
as quickly as possible;

(8) apply back or chest pressure while a person is in a prone position as identified in
clause (7), supine position, or side-lying position; or

(9) be implemented in a manner that is contraindicated for any of the person's known
medical or psychological limitations.

Sec. 66.

Minnesota Statutes 2018, section 245D.09, subdivision 4, is amended to read:

Subd. 4.

Orientation to program requirements.

Except for a license holder who does
not supervise any direct support staff, within 60 calendar days of hire, unless stated otherwise,
the license holder must provide and ensure completion of orientation sufficient to create
staff competency for direct support staff that combines supervised on-the-job training with
review of and instruction in the following areas:

(1) the job description and how to complete specific job functions, including:

(i) responding to and reporting incidents as required under section 245D.06, subdivision
1; and

(ii) following safety practices established by the license holder and as required in section
245D.06, subdivision 2;

(2) the license holder's current policies and procedures required under this chapter,
including their location and access, and staff responsibilities related to implementation of
those policies and procedures;

(3) data privacy requirements according to sections 13.01 to 13.10 and 13.46, the federal
Health Insurance Portability and Accountability Act of 1996 (HIPAA), and staff
responsibilities related to complying with data privacy practices;

(4) the service recipient rights and staff responsibilities related to ensuring the exercise
and protection of those rights according to the requirements in section 245D.04;

(5) sections 245A.65, 245A.66, deleted text begin626.556,deleted text end and 626.557new text begin and chapter 260Enew text end, governing
maltreatment reporting and service planning for children and vulnerable adults, and staff
responsibilities related to protecting persons from maltreatment and reporting maltreatment.
This orientation must be provided within 72 hours of first providing direct contact services
and annually thereafter according to section 245A.65, subdivision 3;

(6) the principles of person-centered service planning and delivery as identified in section
245D.07, subdivision 1a, and how they apply to direct support service provided by the staff
person;

(7) the safe and correct use of manual restraint on an emergency basis according to the
requirements in section 245D.061 or successor provisions, and what constitutes the use of
restraints, time out, and seclusion, including chemical restraint;

(8) staff responsibilities related to prohibited procedures under section 245D.06,
subdivision 5, or successor provisions, why such procedures are not effective for reducing
or eliminating symptoms or undesired behavior, and why such procedures are not safe;

(9) basic first aid; and

(10) other topics as determined necessary in the person's coordinated service and support
plan by the case manager or other areas identified by the license holder.

Sec. 67.

Minnesota Statutes 2018, section 245D.32, subdivision 5, is amended to read:

Subd. 5.

Investigations of alleged or suspected maltreatment.

Nothing in this section
changes the commissioner's responsibilities to investigate alleged or suspected maltreatment
of a minor under deleted text beginsection 626.556deleted text endnew text begin chapter 260Enew text end or a vulnerable adult under section 626.557.

Sec. 68.

Minnesota Statutes 2018, section 245F.04, subdivision 1, is amended to read:

Subdivision 1.

General application and license requirements.

An applicant for licensure
as a clinically managed withdrawal management program or medically monitored withdrawal
management program must meet the following requirements, except where otherwise noted.
All programs must comply with federal requirements and the general requirements in
deleted text begin chapters 245A and 245C anddeleted text end sections deleted text begin626.556,deleted text end 626.557deleted text begin,deleted text end and 626.5572new text begin and chapters 245A,
245C, and 260Enew text end. A withdrawal management program must be located in a hospital licensed
under sections 144.50 to 144.581, or must be a supervised living facility with a class B
license from the Department of Health under Minnesota Rules, parts 4665.0100 to 4665.9900.

Sec. 69.

Minnesota Statutes 2018, section 245F.15, subdivision 3, is amended to read:

Subd. 3.

Program director qualifications.

A program director must:

(1) have at least one year of work experience in direct service to individuals with
substance use disorders or one year of work experience in the management or administration
of direct service to individuals with substance use disorders;

(2) have a baccalaureate degree or three years of work experience in administration or
personnel supervision in human services; and

(3) know and understand the requirements of this chapter deleted text beginand chapters 245A and 245C,
anddeleted text endnew text begin,new text end sections 253B.04, 253B.05, deleted text begin626.556,deleted text end 626.557, and 626.5572new text begin, and chapters 245A, 245C,
and 260Enew text end.

Sec. 70.

Minnesota Statutes 2018, section 245F.15, subdivision 5, is amended to read:

Subd. 5.

Responsible staff person qualifications.

Each responsible staff person must
know and understand the requirements of this chapter deleted text beginanddeleted text endnew text begin,new text end sections 245A.65, 253B.04,
253B.05, deleted text begin626.556,deleted text end 626.557, and 626.5572new text begin, and chapter 260Enew text end. In a clinically managed
program, the responsible staff person must be a licensed practical nurse employed by or
under contract with the license holder. In a medically monitored program, the responsible
staff person must be a registered nurse, program director, or physician.

Sec. 71.

Minnesota Statutes 2018, section 245F.16, subdivision 1, is amended to read:

Subdivision 1.

Policy requirements.

A license holder must have written personnel
policies and must make them available to staff members at all times. The personnel policies
must:

(1) ensure that a staff member's retention, promotion, job assignment, or pay are not
affected by a good-faith communication between the staff member and the Department of
Human Services, Department of Health, Ombudsman for Mental Health and Developmental
Disabilities, law enforcement, or local agencies that investigate complaints regarding patient
rights, health, or safety;

(2) include a job description for each position that specifies job responsibilities, degree
of authority to execute job responsibilities, standards of job performance related to specified
job responsibilities, and qualifications;

(3) provide for written job performance evaluations for staff members of the license
holder at least annually;

(4) describe behavior that constitutes grounds for disciplinary action, suspension, or
dismissal, including policies that address substance use problems and meet the requirements
of section 245F.15, subdivisions 1 and 2. The policies and procedures must list behaviors
or incidents that are considered substance use problems. The list must include:

(i) receiving treatment for substance use disorder within the period specified for the
position in the staff qualification requirements;

(ii) substance use that has a negative impact on the staff member's job performance;

(iii) substance use that affects the credibility of treatment services with patients, referral
sources, or other members of the community; and

(iv) symptoms of intoxication or withdrawal on the job;

(5) include policies prohibiting personal involvement with patients and policies
prohibiting patient maltreatment as specified under deleted text beginchapter 604 anddeleted text end sections 245A.65,
deleted text begin 626.556,deleted text end 626.557, and 626.5572new text begin and chapters 260E and 604new text end;

(6) include a chart or description of organizational structure indicating the lines of
authority and responsibilities;

(7) include a written plan for new staff member orientation that, at a minimum, includes
training related to the specific job functions for which the staff member was hired, program
policies and procedures, patient needs, and the areas identified in subdivision 2, paragraphs
(b) to (e); and

(8) include a policy on the confidentiality of patient information.

Sec. 72.

Minnesota Statutes 2018, section 245F.16, subdivision 2, is amended to read:

Subd. 2.

Staff development.

(a) A license holder must ensure that each staff member
receives orientation training before providing direct patient care and at least 30 hours of
continuing education every two years. A written record must be kept to demonstrate
completion of training requirements.

(b) Within 72 hours of beginning employment, all staff having direct patient contact
must be provided orientation on the following:

(1) specific license holder and staff responsibilities for patient confidentiality;

(2) standards governing the use of protective procedures;

(3) patient ethical boundaries and patient rights, including the rights of patients admitted
under chapter 253B;

(4) infection control procedures;

(5) mandatory reporting under sections 245A.65deleted text begin, 626.556,deleted text end and 626.557deleted text begin,deleted text end new text beginand chapter
260E, new text endincluding specific training covering the facility's policies concerning obtaining patient
releases of information;

(6) HIV minimum standards as required in section 245A.19;

(7) motivational counseling techniques and identifying stages of change; and

(8) eight hours of training on the program's protective procedures policy required in
section 245F.09, including:

(i) approved therapeutic holds;

(ii) protective procedures used to prevent patients from imminent danger of harming
self or others;

(iii) the emergency conditions under which the protective procedures may be used, if
any;

(iv) documentation standards for using protective procedures;

(v) how to monitor and respond to patient distress; and

(vi) person-centered planning and trauma-informed care.

(1) infection control procedures;

(2) mandatory reporting under sections 245A.65deleted text begin, 626.556,deleted text end and 626.557deleted text begin,deleted text end new text beginand chapter
260E, new text endincluding specific training covering the facility's policies concerning obtaining patient
releases of information;

(3) HIV minimum standards as required in section 245A.19; and

(4) motivational counseling techniques and identifying stages of change.

(d) All staff having direct patient contact must be provided training every two years on
the following:

(1) specific license holder and staff responsibilities for patient confidentiality;

(2) standards governing use of protective procedures, including:

(i) approved therapeutic holds;

(ii) protective procedures used to prevent patients from imminent danger of harming
self or others;

(iii) the emergency conditions under which the protective procedures may be used, if
any;

(iv) documentation standards for using protective procedures;

(v) how to monitor and respond to patient distress; and

(vi) person-centered planning and trauma-informed care; and

(3) patient ethical boundaries and patient rights, including the rights of patients admitted
under chapter 253B.

(e) Continuing education that is completed in areas outside of the required topics must
provide information to the staff person that is useful to the performance of the individual
staff person's duties.

Sec. 73.

Minnesota Statutes 2018, section 245F.18, is amended to read:

245F.18 POLICY AND PROCEDURES MANUAL.

A license holder must develop a written policy and procedures manual that is
alphabetically indexed and has a table of contents, so that staff have immediate access to
all policies and procedures, and that consumers of the services and other authorized parties
have access to all policies and procedures. The manual must contain the following materials:

(1) a description of patient education services as required in section 245F.06;

(2) personnel policies that comply with section 245F.16;

(3) admission information and referral and discharge policies that comply with section
245F.05;

(4) a health monitoring plan that complies with section 245F.12;

(5) a protective procedures policy that complies with section 245F.09, if the program
elects to use protective procedures;

(6) policies and procedures for assuring appropriate patient-to-staff ratios that comply
with section 245F.14;

(7) policies and procedures for assessing and documenting the susceptibility for risk of
abuse to the patient as the basis for the individual abuse prevention plan required by section
245A.65;

(8) procedures for mandatory reporting as required by sections 245A.65deleted text begin, 626.556,deleted text end and
626.557new text begin and chapter 260Enew text end;

(9) a medication control plan that complies with section 245F.13; and

(10) policies and procedures regarding HIV that meet the minimum standards under
section 245A.19.

Sec. 74.

Minnesota Statutes 2018, section 245G.03, subdivision 1, is amended to read:

Subdivision 1.

License requirements.

(a) An applicant for a license to provide substance
use disorder treatment must comply with the general requirements in deleted text beginchapters 245A and
245C, sections 626.556 anddeleted text endnew text begin sectionnew text end 626.557, new text beginchapters 245A, 245C, and 260E, new text endand Minnesota
Rules, chapter 9544.

(b) The commissioner may grant variances to the requirements in this chapter that do
not affect the client's health or safety if the conditions in section 245A.04, subdivision 9,
are met.

Sec. 75.

Minnesota Statutes 2018, section 245G.10, subdivision 3, is amended to read:

Subd. 3.

Responsible staff member.

A treatment director must designate a staff member
who, when present in the facility, is responsible for the delivery of treatment service. A
license holder must have a designated staff member during all hours of operation. A license
holder providing room and board and treatment at the same site must have a responsible
staff member on duty 24 hours a day. The designated staff member must know and understand
the implications of this chapternew text begin,new text end deleted text beginanddeleted text end sections 245A.65, deleted text begin626.556,deleted text end 626.557, and 626.5572new text begin,
and chapter 260Enew text end.

Sec. 76.

Minnesota Statutes 2018, section 245G.11, subdivision 3, is amended to read:

Subd. 3.

Treatment directors.

A treatment director must:

(1) have at least one year of work experience in direct service to an individual with
substance use disorder or one year of work experience in the management or administration
of direct service to an individual with substance use disorder;

(2) have a baccalaureate degree or three years of work experience in administration or
personnel supervision in human services; and

(3) know and understand the implications of this chapter, deleted text beginchapter 245A, anddeleted text end sections
deleted text begin 626.556,deleted text end 626.557deleted text begin,deleted text end and 626.5572new text begin, and chapters 245A and 260Enew text end. Demonstration of the
treatment director's knowledge must be documented in the personnel record.

Sec. 77.

Minnesota Statutes 2018, section 245G.11, subdivision 4, is amended to read:

Subd. 4.

Alcohol and drug counselor supervisors.

An alcohol and drug counselor
supervisor must:

(1) meet the qualification requirements in subdivision 5;

(2) have three or more years of experience providing individual and group counseling
to individuals with substance use disorder; and

(3) know and understand the implications of this chapter deleted text beginanddeleted text endnew text begin,new text end sections 245A.65, deleted text begin626.556,deleted text end
626.557, and 626.5572new text begin, and chapter 260Enew text end.

Sec. 78.

Minnesota Statutes 2019 Supplement, section 245G.12, is amended to read:

245G.12 PROVIDER POLICIES AND PROCEDURES.

A license holder must develop a written policies and procedures manual, indexed
according to section 245A.04, subdivision 14, paragraph (c), that provides staff members
immediate access to all policies and procedures and provides a client and other authorized
parties access to all policies and procedures. The manual must contain the following
materials:

(1) assessment and treatment planning policies, including screening for mental health
concerns and treatment objectives related to the client's identified mental health concerns
in the client's treatment plan;

(2) policies and procedures regarding HIV according to section 245A.19;

(3) the license holder's methods and resources to provide information on tuberculosis
and tuberculosis screening to each client and to report a known tuberculosis infection
according to section 144.4804;

(4) personnel policies according to section 245G.13;

(5) policies and procedures that protect a client's rights according to section 245G.15;

(6) a medical services plan according to section 245G.08;

(7) emergency procedures according to section 245G.16;

(8) policies and procedures for maintaining client records according to section 245G.09;

(9) procedures for reporting the maltreatment of minors according to deleted text beginsection 626.556deleted text endnew text begin
chapter 260Enew text end, and vulnerable adults according to sections 245A.65, 626.557, and 626.5572;

(10) a description of treatment services that: (i) includes the amount and type of services
provided; (ii) identifies which services meet the definition of group counseling under section
245G.01, subdivision 13a; and (iii) defines the program's treatment week;

(11) the methods used to achieve desired client outcomes;

(12) the hours of operation; and

(13) the target population served.

Sec. 79.

Minnesota Statutes 2019 Supplement, section 245G.13, subdivision 1, is amended
to read:

Subdivision 1.

Personnel policy requirements.

A license holder must have written
personnel policies that are available to each staff member. The personnel policies must:

(1) ensure that staff member retention, promotion, job assignment, or pay are not affected
by a good faith communication between a staff member and the department, the Department
of Health, the ombudsman for mental health and developmental disabilities, law enforcement,
or a local agency for the investigation of a complaint regarding a client's rights, health, or
safety;

(2) contain a job description for each staff member position specifying responsibilities,
degree of authority to execute job responsibilities, and qualification requirements;

(3) provide for a job performance evaluation based on standards of job performance
conducted on a regular and continuing basis, including a written annual review;

(4) describe behavior that constitutes grounds for disciplinary action, suspension, or
dismissal, including policies that address staff member problematic substance use and the
requirements of section 245G.11, subdivision 1, policies prohibiting personal involvement
with a client in violation of chapter 604, and policies prohibiting client abuse described in
sections 245A.65, deleted text begin626.556,deleted text end 626.557, and 626.5572new text begin, and chapter 260Enew text end;

(5) identify how the program will identify whether behaviors or incidents are problematic
substance use, including a description of how the facility must address:

(i) receiving treatment for substance use within the period specified for the position in
the staff qualification requirements, including medication-assisted treatment;

(ii) substance use that negatively impacts the staff member's job performance;

(iii) substance use that affects the credibility of treatment services with a client, referral
source, or other member of the community;

(iv) symptoms of intoxication or withdrawal on the job; and

(v) the circumstances under which an individual who participates in monitoring by the
health professional services program for a substance use or mental health disorder is able
to provide services to the program's clients;

(6) include a chart or description of the organizational structure indicating lines of
authority and responsibilities;

(7) include orientation within 24 working hours of starting for each new staff member
based on a written plan that, at a minimum, must provide training related to the staff member's
specific job responsibilities, policies and procedures, client confidentiality, HIV minimum
standards, and client needs; and

(8) include policies outlining the license holder's response to a staff member with a
behavior problem that interferes with the provision of treatment service.

Sec. 80.

Minnesota Statutes 2018, section 245G.13, subdivision 2, is amended to read:

Subd. 2.

Staff development.

(a) A license holder must ensure that each staff member
has the training described in this subdivision.

(b) Each staff member must be trained every two years in:

(1) client confidentiality rules and regulations and client ethical boundaries; and

(2) emergency procedures and client rights as specified in sections 144.651, 148F.165,
and 253B.03.

(c) Annually each staff member with direct contact must be trained on mandatory
reporting as specified in sections 245A.65, deleted text begin626.556, 626.5561,deleted text end 626.557, and 626.5572,new text begin and
chapter 260E,new text end including specific training covering the license holder's policies for obtaining
a release of client information.

(d) Upon employment and annually thereafter, each staff member with direct contact
must receive training on HIV minimum standards according to section 245A.19.

(e) A treatment director, supervisor, nurse, or counselor must have a minimum of 12
hours of training in co-occurring disorders that includes competencies related to philosophy,
trauma-informed care, screening, assessment, diagnosis and person-centered treatment
planning, documentation, programming, medication, collaboration, mental health
consultation, and discharge planning. A new staff member who has not obtained the training
must complete the training within six months of employment. A staff member may request,
and the license holder may grant, credit for relevant training obtained before employment,
which must be documented in the staff member's personnel file.

Sec. 81.

Minnesota Statutes 2019 Supplement, section 245H.11, is amended to read:

245H.11 REPORTING.

(a) The certification holder must comply and must have written policies for staff to
comply with the reporting requirements for abuse and neglect specified in deleted text beginsection 626.556deleted text endnew text begin
chapter 260Enew text end. A person mandated to report physical or sexual child abuse or neglect occurring
within a certified center shall report the information to the commissioner.

(b) The certification holder must inform the commissioner within 24 hours of:

(1) the death of a child in the program; and

(2) any injury to a child in the program that required treatment by a physician.

Sec. 82.

Minnesota Statutes 2018, section 254A.09, is amended to read:

254A.09 CONFIDENTIALITY OF RECORDS.

The Department of Human Services shall assure confidentiality to individuals who are
the subject of research by the state authority or are recipients of substance misuse or substance
use disorder information, assessment, or treatment from a licensed or approved program.
The commissioner shall withhold from all persons not connected with the conduct of the
research the names or other identifying characteristics of a subject of research unless the
individual gives written permission that information relative to treatment and recovery may
be released. Persons authorized to protect the privacy of subjects of research may not be
compelled in any federal, state or local, civil, criminal, administrative or other proceeding
to identify or disclose other confidential information about the individuals. Identifying
information and other confidential information related to substance misuse or substance use
disorder information, assessment, treatment, or aftercare services may be ordered to be
released by the court for the purpose of civil or criminal investigations or proceedings if,
after review of the records considered for disclosure, the court determines that the information
is relevant to the purpose for which disclosure is requested. The court shall order disclosure
of only that information which is determined relevant. In determining whether to compel
disclosure, the court shall weigh the public interest and the need for disclosure against the
injury to the patient, to the treatment relationship in the program affected and in other
programs similarly situated, and the actual or potential harm to the ability of programs to
attract and retain patients if disclosure occurs. This section does not exempt any person
from the reporting obligations under deleted text beginsection 626.556deleted text endnew text begin chapter 260Enew text end, nor limit the use of
information reported in any proceeding arising out of the abuse or neglect of a child.
Identifying information and other confidential information related to substance misuse or
substance use disorder, assessment, treatment, or aftercare services may be ordered to be
released by the court for the purpose of civil or criminal investigations or proceedings. No
information may be released pursuant to this section that would not be released pursuant to
section 595.02, subdivision 2.

Sec. 83.

Minnesota Statutes 2019 Supplement, section 254B.04, subdivision 1, is amended
to read:

Subdivision 1.

Eligibility.

(a) Persons eligible for benefits under Code of Federal
Regulations, title 25, part 20, who meet the income standards of section 256B.056,
subdivision 4, and are not enrolled in medical assistance, are entitled to chemical dependency
fund services. State money appropriated for this paragraph must be placed in a separate
account established for this purpose.

(b) Persons with dependent children who are determined to be in need of chemical
dependency treatment pursuant to an assessment under section deleted text begin626.556, subdivision 10,deleted text endnew text begin
260E.20, subdivision 1,new text end or a case plan under section 260C.201, subdivision 6, or 260C.212,
shall be assisted by the local agency to access needed treatment services. Treatment services
must be appropriate for the individual or family, which may include long-term care treatment
or treatment in a facility that allows the dependent children to stay in the treatment facility.
The county shall pay for out-of-home placement costs, if applicable.

(c) Notwithstanding paragraph (a), persons enrolled in medical assistance are eligible
for room and board services under section 254B.05, subdivision 5, paragraph (b), clause
(12).

Sec. 84.

Minnesota Statutes 2018, section 256.01, subdivision 12, is amended to read:

Subd. 12.

Child mortality review panel.

(a) The commissioner shall establish a child
mortality review panel to review deaths of children in Minnesota, including deaths attributed
to maltreatment or in which maltreatment may be a contributing cause and to review near
fatalities as defined in section deleted text begin626.556, subdivision 11ddeleted text endnew text begin 260E.35new text end. The commissioners of
health, education, and public safety and the attorney general shall each designate a
representative to the child mortality review panel. Other panel members shall be appointed
by the commissioner, including a board-certified pathologist and a physician who is a coroner
or a medical examiner. The purpose of the panel shall be to make recommendations to the
state and to county agencies for improving the child protection system, including
modifications in statute, rule, policy, and procedure.

(b) The commissioner may require a county agency to establish a local child mortality
review panel. The commissioner may establish procedures for conducting local reviews
and may require that all professionals with knowledge of a child mortality case participate
in the local review. In this section, "professional" means a person licensed to perform or a
person performing a specific service in the child protective service system. "Professional"
includes law enforcement personnel, social service agency attorneys, educators, and social
service, health care, and mental health care providers.

(c) If the commissioner of human services has reason to believe that a child's death was
caused by maltreatment or that maltreatment was a contributing cause, the commissioner
has access to not public data under chapter 13 maintained by state agencies, statewide
systems, or political subdivisions that are related to the child's death or circumstances
surrounding the care of the child. The commissioner shall also have access to records of
private hospitals as necessary to carry out the duties prescribed by this section. Access to
data under this paragraph is limited to police investigative data; autopsy records and coroner
or medical examiner investigative data; hospital, public health, or other medical records of
the child; hospital and other medical records of the child's parent that relate to prenatal care;
and records created by social service agencies that provided services to the child or family
within three years preceding the child's death. A state agency, statewide system, or political
subdivision shall provide the data upon request of the commissioner. Not public data may
be shared with members of the state or local child mortality review panel in connection with
an individual case.

(d) Notwithstanding the data's classification in the possession of any other agency, data
acquired by a local or state child mortality review panel in the exercise of its duties is
protected nonpublic or confidential data as defined in section 13.02, but may be disclosed
as necessary to carry out the purposes of the review panel. The data is not subject to subpoena
or discovery. The commissioner may disclose conclusions of the review panel, but shall
not disclose data that was classified as confidential or private data on decedents, under
section 13.10, or private, confidential, or protected nonpublic data in the disseminating
agency, except that the commissioner may disclose local social service agency data as
provided in section 626.556, subdivision 11d, on individual cases involving a fatality or
near fatality of a person served by the local social service agency prior to the date of death.

(e) A person attending a child mortality review panel meeting shall not disclose what
transpired at the meeting, except to carry out the purposes of the mortality review panel.
The proceedings and records of the mortality review panel are protected nonpublic data as
defined in section 13.02, subdivision 13, and are not subject to discovery or introduction
into evidence in a civil or criminal action against a professional, the state or a county agency,
arising out of the matters the panel is reviewing. Information, documents, and records
otherwise available from other sources are not immune from discovery or use in a civil or
criminal action solely because they were presented during proceedings of the review panel.
A person who presented information before the review panel or who is a member of the
panel shall not be prevented from testifying about matters within the person's knowledge.
However, in a civil or criminal proceeding a person shall not be questioned about the person's
presentation of information to the review panel or opinions formed by the person as a result
of the review meetings.

Sec. 85.

Minnesota Statutes 2019 Supplement, section 256.01, subdivision 14b, is amended
to read:

Subd. 14b.

American Indian child welfare projects.

(a) The commissioner of human
services may authorize projects to initiate tribal delivery of child welfare services to American
Indian children and their parents and custodians living on the reservation. The commissioner
has authority to solicit and determine which tribes may participate in a project. Grants may
be issued to Minnesota Indian tribes to support the projects. The commissioner may waive
existing state rules as needed to accomplish the projects. The commissioner may authorize
projects to use alternative methods of (1) screening, investigating, and assessing reports of
child maltreatment, and (2) administrative reconsideration, administrative appeal, and
judicial appeal of maltreatment determinations, provided the alternative methods used by
the projects comply with the provisions of deleted text beginsectionsdeleted text endnew text begin sectionnew text end 256.045 deleted text beginand 626.556deleted text endnew text begin and chapter
260Enew text end that deal with the rights of individuals who are the subjects of reports or investigations,
including notice and appeal rights and data practices requirements. The commissioner shall
only authorize alternative methods that comply with the public policy under section 626.556,
subdivision 1. The commissioner may seek any federal approvals necessary to carry out the
projects as well as seek and use any funds available to the commissioner, including use of
federal funds, foundation funds, existing grant funds, and other funds. The commissioner
is authorized to advance state funds as necessary to operate the projects. Federal
reimbursement applicable to the projects is appropriated to the commissioner for the purposes
of the projects. The projects must be required to address responsibility for safety, permanency,
and well-being of children.

(b) For the purposes of this section, "American Indian child" means a person under 21
years old and who is a tribal member or eligible for membership in one of the tribes chosen
for a project under this subdivision and who is residing on the reservation of that tribe.

(1) be one of the existing tribes with reservation land in Minnesota;

(2) have a tribal court with jurisdiction over child custody proceedings;

(3) have a substantial number of children for whom determinations of maltreatment have
occurred;

(4)(i) have capacity to respond to reports of abuse and neglect under deleted text beginsection 626.556deleted text endnew text begin
chapter 260Enew text end; or (ii) have codified the tribe's screening, investigation, and assessment of
reports of child maltreatment procedures, if authorized to use an alternative method by the
commissioner under paragraph (a);

(5) provide a wide range of services to families in need of child welfare services; and

(6) have a tribal-state title IV-E agreement in effect.

(d) Grants awarded under this section may be used for the nonfederal costs of providing
child welfare services to American Indian children on the tribe's reservation, including costs
associated with:

(1) assessment and prevention of child abuse and neglect;

(2) family preservation;

(3) facilitative, supportive, and reunification services;

(4) out-of-home placement for children removed from the home for child protective
purposes; and

(5) other activities and services approved by the commissioner that further the goals of
providing safety, permanency, and well-being of American Indian children.

(e) When a tribe has initiated a project and has been approved by the commissioner to
assume child welfare responsibilities for American Indian children of that tribe under this
section, the affected county social service agency is relieved of responsibility for responding
to reports of abuse and neglect under deleted text beginsection 626.556deleted text endnew text begin chapter 260Enew text end for those children during
the time within which the tribal project is in effect and funded. The commissioner shall
work with tribes and affected counties to develop procedures for data collection, evaluation,
and clarification of ongoing role and financial responsibilities of the county and tribe for
child welfare services prior to initiation of the project. Children who have not been identified
by the tribe as participating in the project shall remain the responsibility of the county.
Nothing in this section shall alter responsibilities of the county for law enforcement or court
services.

(f) Participating tribes may conduct children's mental health screenings under section
245.4874, subdivision 1, paragraph (a), clause (12), for children who are eligible for the
initiative and living on the reservation and who meet one of the following criteria:

(1) the child must be receiving child protective services;

(2) the child must be in foster care; or

(3) the child's parents must have had parental rights suspended or terminated.

Tribes may access reimbursement from available state funds for conducting the screenings.
Nothing in this section shall alter responsibilities of the county for providing services under
section 245.487.

(g) Participating tribes may establish a local child mortality review panel. In establishing
a local child mortality review panel, the tribe agrees to conduct local child mortality reviews
for child deaths or near-fatalities occurring on the reservation under subdivision 12. Tribes
with established child mortality review panels shall have access to nonpublic data and shall
protect nonpublic data under subdivision 12, paragraphs (c) to (e). The tribe shall provide
written notice to the commissioner and affected counties when a local child mortality review
panel has been established and shall provide data upon request of the commissioner for
purposes of sharing nonpublic data with members of the state child mortality review panel
in connection to an individual case.

(h) The commissioner shall collect information on outcomes relating to child safety,
permanency, and well-being of American Indian children who are served in the projects.
Participating tribes must provide information to the state in a format and completeness
deemed acceptable by the state to meet state and federal reporting requirements.

(i) In consultation with the White Earth Band, the commissioner shall develop and submit
to the chairs and ranking minority members of the legislative committees with jurisdiction
over health and human services a plan to transfer legal responsibility for providing child
protective services to White Earth Band member children residing in Hennepin County to
the White Earth Band. The plan shall include a financing proposal, definitions of key terms,
statutory amendments required, and other provisions required to implement the plan. The
commissioner shall submit the plan by January 15, 2012.

Sec. 86.

Minnesota Statutes 2018, section 256.01, subdivision 15, is amended to read:

Subd. 15.

Citizen review panels.

(a) The commissioner shall establish a minimum of
three citizen review panels to examine the policies and procedures of state and local welfare
agencies to evaluate the extent to which the agencies are effectively discharging their child
protection responsibilities. Local social service agencies shall cooperate and work with the
citizen review panels. Where appropriate, the panels may examine specific cases to evaluate
the effectiveness of child protection activities. The panels must examine the extent to which
the state and local agencies are meeting the requirements of the federal Child Abuse
Prevention and Treatment Act and the Reporting of Maltreatment of Minors Act. The
commissioner may authorize mortality review panels or child protection teams to carry out
the duties of a citizen review panel if membership meets or is expanded to meet the
requirements of this section.

(b) The panel membership must include volunteers who broadly represent the community
in which the panel is established, including members who have expertise in the prevention
and treatment of child abuse and neglect, child protection advocates, and representatives of
the councils of color and ombudsperson for families.

(c) A citizen review panel has access to the following data for specific case review under
this paragraph: police investigative data; autopsy records and coroner or medical examiner
investigative data; hospital, public health, or other medical records of the child; hospital
and other medical records of the child's parent that relate to prenatal care; records created
by social service agencies that provided services to the child or family; and personnel data
related to an employee's performance in discharging child protection responsibilities. A
state agency, statewide system, or political subdivision shall provide the data upon request
of the commissioner. Not public data may be shared with members of the state or local
citizen review panel in connection with an individual case.

(d) Notwithstanding the data's classification in the possession of any other agency, data
acquired by a local or state citizen review panel in the exercise of its duties are protected
nonpublic or confidential data as defined in section 13.02, but may be disclosed as necessary
to carry out the purposes of the review panel. The data are not subject to subpoena or
discovery. The commissioner may disclose conclusions of the review panel, but may not
disclose data on individuals that were classified as confidential or private data on individuals
in the possession of the state agency, statewide system, or political subdivision from which
the data were received, except that the commissioner may disclose local social service
agency data as provided in section deleted text begin626.556, subdivision 11ddeleted text endnew text begin 260E.35new text end, on individual cases
involving a fatality or near fatality of a person served by the local social service agency
prior to the date of death.

(e) A person attending a citizen review panel meeting may not disclose what transpired
at the meeting, except to carry out the purposes of the review panel. The proceedings and
records of the review panel are protected nonpublic data as defined in section 13.02,
subdivision 13, and are not subject to discovery or introduction into evidence in a civil or
criminal action against a professional, the state, or county agency arising out of the matters
the panel is reviewing. Information, documents, and records otherwise available from other
sources are not immune from discovery or use in a civil or criminal action solely because
they were presented during proceedings of the review panel. A person who presented
information before the review panel or who is a member of the panel is not prevented from
testifying about matters within the person's knowledge. However, in a civil or criminal
proceeding, a person must not be questioned about the person's presentation of information
to the review panel or opinions formed by the person as a result of the review panel meetings.

Sec. 87.

Minnesota Statutes 2018, section 256.045, subdivision 3, is amended to read:

Subd. 3.

State agency hearings.

(a) State agency hearings are available for the following:

(1) any person applying for, receiving or having received public assistance, medical
care, or a program of social services granted by the state agency or a county agency or the
federal Food Stamp Act whose application for assistance is denied, not acted upon with
reasonable promptness, or whose assistance is suspended, reduced, terminated, or claimed
to have been incorrectly paid;

(2) any patient or relative aggrieved by an order of the commissioner under section
252.27;

(3) a party aggrieved by a ruling of a prepaid health plan;

(4) except as provided under chapter 245C, any individual or facility determined by a
lead investigative agency to have maltreated a vulnerable adult under section 626.557 after
they have exercised their right to administrative reconsideration under section 626.557;

(5) any person whose claim for foster care payment according to a placement of the
child resulting from a child protection assessment under deleted text beginsection 626.556deleted text endnew text begin chapter 260Enew text end is
denied or not acted upon with reasonable promptness, regardless of funding source;

(6) any person to whom a right of appeal according to this section is given by other
provision of law;

(7) an applicant aggrieved by an adverse decision to an application for a hardship waiver
under section 256B.15;

(8) an applicant aggrieved by an adverse decision to an application or redetermination
for a Medicare Part D prescription drug subsidy under section 256B.04, subdivision 4a;

(9) except as provided under chapter 245A, an individual or facility determined to have
maltreated a minor under deleted text beginsection 626.556deleted text endnew text begin chapter 260Enew text end, after the individual or facility has
exercised the right to administrative reconsideration under deleted text beginsection 626.556deleted text endnew text begin chapter 260Enew text end;

(10) except as provided under chapter 245C, an individual disqualified under sections
245C.14 and 245C.15, following a reconsideration decision issued under section 245C.23,
on the basis of serious or recurring maltreatment; a preponderance of the evidence that the
individual has committed an act or acts that meet the definition of any of the crimes listed
in section 245C.15, subdivisions 1 to 4; or for failing to make reports required under section
deleted text begin 626.556, subdivision 3,deleted text endnew text begin 260E.06, subdivision 1,new text end or 626.557, subdivision 3. Hearings regarding
a maltreatment determination under clause (4) or (9) and a disqualification under this clause
in which the basis for a disqualification is serious or recurring maltreatment, shall be
consolidated into a single fair hearing. In such cases, the scope of review by the human
services judge shall include both the maltreatment determination and the disqualification.
The failure to exercise the right to an administrative reconsideration shall not be a bar to a
hearing under this section if federal law provides an individual the right to a hearing to
dispute a finding of maltreatment;

(11) any person with an outstanding debt resulting from receipt of public assistance,
medical care, or the federal Food Stamp Act who is contesting a setoff claim by the
Department of Human Services or a county agency. The scope of the appeal is the validity
of the claimant agency's intention to request a setoff of a refund under chapter 270A against
the debt;

(12) a person issued a notice of service termination under section 245D.10, subdivision
3a, from residential supports and services as defined in section 245D.03, subdivision 1,
paragraph (c), clause (3), that is not otherwise subject to appeal under subdivision 4a;

(13) an individual disability waiver recipient based on a denial of a request for a rate
exception under section 256B.4914; or

(14) a person issued a notice of service termination under section 245A.11, subdivision
11, that is not otherwise subject to appeal under subdivision 4a.

(b) The hearing for an individual or facility under paragraph (a), clause (4), (9), or (10),
is the only administrative appeal to the final agency determination specifically, including
a challenge to the accuracy and completeness of data under section 13.04. Hearings requested
under paragraph (a), clause (4), apply only to incidents of maltreatment that occur on or
after October 1, 1995. Hearings requested by nursing assistants in nursing homes alleged
to have maltreated a resident prior to October 1, 1995, shall be held as a contested case
proceeding under the provisions of chapter 14. Hearings requested under paragraph (a),
clause (9), apply only to incidents of maltreatment that occur on or after July 1, 1997. A
hearing for an individual or facility under paragraph (a), clauses (4), (9), and (10), is only
available when there is no district court action pending. If such action is filed in district
court while an administrative review is pending that arises out of some or all of the events
or circumstances on which the appeal is based, the administrative review must be suspended
until the judicial actions are completed. If the district court proceedings are completed,
dismissed, or overturned, the matter may be considered in an administrative hearing.

(d) The scope of hearings involving claims to foster care payments under paragraph (a),
clause (5), shall be limited to the issue of whether the county is legally responsible for a
child's placement under court order or voluntary placement agreement and, if so, the correct
amount of foster care payment to be made on the child's behalf and shall not include review
of the propriety of the county's child protection determination or child placement decision.

(e) The scope of hearings under paragraph (a), clauses (12) and (14), shall be limited to
whether the proposed termination of services is authorized under section 245D.10,
subdivision 3a, paragraph (b), or 245A.11, subdivision 11, and whether the requirements
of section 245D.10, subdivision 3a, paragraphs (c) to (e), or 245A.11, subdivision 2a,
paragraphs (d) to (f), were met. If the appeal includes a request for a temporary stay of
termination of services, the scope of the hearing shall also include whether the case
management provider has finalized arrangements for a residential facility, a program, or
services that will meet the assessed needs of the recipient by the effective date of the service
termination.

(f) A vendor of medical care as defined in section 256B.02, subdivision 7, or a vendor
under contract with a county agency to provide social services is not a party and may not
request a hearing under this section, except if assisting a recipient as provided in subdivision
4.

(g) An applicant or recipient is not entitled to receive social services beyond the services
prescribed under chapter 256M or other social services the person is eligible for under state
law.

(h) The commissioner may summarily affirm the county or state agency's proposed
action without a hearing when the sole issue is an automatic change due to a change in state
or federal law.

(i) Unless federal or Minnesota law specifies a different time frame in which to file an
appeal, an individual or organization specified in this section may contest the specified
action, decision, or final disposition before the state agency by submitting a written request
for a hearing to the state agency within 30 days after receiving written notice of the action,
decision, or final disposition, or within 90 days of such written notice if the applicant,
recipient, patient, or relative shows good cause, as defined in section 256.0451, subdivision
13, why the request was not submitted within the 30-day time limit. The individual filing
the appeal has the burden of proving good cause by a preponderance of the evidence.

Sec. 88.

Minnesota Statutes 2018, section 256.045, subdivision 3b, is amended to read:

Subd. 3b.

Standard of evidence for maltreatment and disqualification hearings.

(a)
The state human services judge shall determine that maltreatment has occurred if a
preponderance of evidence exists to support the final disposition under deleted text beginsections 626.556
anddeleted text endnew text begin sectionnew text end 626.557new text begin and chapter 260Enew text end. For purposes of hearings regarding disqualification,
the state human services judge shall affirm the proposed disqualification in an appeal under
subdivision 3, paragraph (a), clause (10), if a preponderance of the evidence shows the
individual has:

(1) committed maltreatment under section deleted text begin626.556 ordeleted text end 626.557new text begin or chapter 260Enew text end, which
is serious or recurring;

(2) committed an act or acts meeting the definition of any of the crimes listed in section
245C.15, subdivisions 1 to 4; or

(3) failed to make required reports under section deleted text begin626.556 ordeleted text end 626.557new text begin or chapter 260Enew text end,
for incidents in which the final disposition under section deleted text begin626.556 ordeleted text end 626.557 new text beginor chapter
260E new text endwas substantiated maltreatment that was serious or recurring.

(b) If the disqualification is affirmed, the state human services judge shall determine
whether the individual poses a risk of harm in accordance with the requirements of section
245C.22, and whether the disqualification should be set aside or not set aside. In determining
whether the disqualification should be set aside, the human services judge shall consider
all of the characteristics that cause the individual to be disqualified, including those
characteristics that were not subject to review under paragraph (a), in order to determine
whether the individual poses a risk of harm. A decision to set aside a disqualification that
is the subject of the hearing constitutes a determination that the individual does not pose a
risk of harm and that the individual may provide direct contact services in the individual
program specified in the set aside.

(c) If a disqualification is based solely on a conviction or is conclusive for any reason
under section 245C.29, the disqualified individual does not have a right to a hearing under
this section.

(d) The state human services judge shall recommend an order to the commissioner of
health, education, or human services, as applicable, who shall issue a final order. The
commissioner shall affirm, reverse, or modify the final disposition. Any order of the
commissioner issued in accordance with this subdivision is conclusive upon the parties
unless appeal is taken in the manner provided in subdivision 7. In any licensing appeal under
chapters 245A and 245C and sections 144.50 to 144.58 and 144A.02 to 144A.482, the
commissioner's determination as to maltreatment is conclusive, as provided under section
245C.29.

Sec. 89.

Minnesota Statutes 2018, section 256.045, subdivision 4, is amended to read:

Subd. 4.

Conduct of hearings.

(a) All hearings held pursuant to subdivision 3, 3a, 3b,
or 4a shall be conducted according to the provisions of the federal Social Security Act and
the regulations implemented in accordance with that act to enable this state to qualify for
federal grants-in-aid, and according to the rules and written policies of the commissioner
of human services. County agencies shall install equipment necessary to conduct telephone
hearings. A state human services judge may schedule a telephone conference hearing when
the distance or time required to travel to the county agency offices will cause a delay in the
issuance of an order, or to promote efficiency, or at the mutual request of the parties. Hearings
may be conducted by telephone conferences unless the applicant, recipient, former recipient,
person, or facility contesting maltreatment objects. A human services judge may grant a
request for a hearing in person by holding the hearing by interactive video technology or
in person. The human services judge must hear the case in person if the person asserts that
either the person or a witness has a physical or mental disability that would impair the
person's or witness's ability to fully participate in a hearing held by interactive video
technology. The hearing shall not be held earlier than five days after filing of the required
notice with the county or state agency. The state human services judge shall notify all
interested persons of the time, date, and location of the hearing at least five days before the
date of the hearing. Interested persons may be represented by legal counsel or other
representative of their choice, including a provider of therapy services, at the hearing and
may appear personally, testify and offer evidence, and examine and cross-examine witnesses.
The applicant, recipient, former recipient, person, or facility contesting maltreatment shall
have the opportunity to examine the contents of the case file and all documents and records
to be used by the county or state agency at the hearing at a reasonable time before the date
of the hearing and during the hearing. In hearings under subdivision 3, paragraph (a), clauses
(4), (9), and (10), either party may subpoena the private data relating to the investigation
prepared by the agency under section deleted text begin626.556 ordeleted text end 626.557 new text beginor chapter 260E new text endthat is not
otherwise accessible under section 13.04, provided the identity of the reporter may not be
disclosed.

(b) The private data obtained by subpoena in a hearing under subdivision 3, paragraph
(a), clause (4), (9), or (10), must be subject to a protective order which prohibits its disclosure
for any other purpose outside the hearing provided for in this section without prior order of
the district court. Disclosure without court order is punishable by a sentence of not more
than 90 days imprisonment or a fine of not more than $1,000, or both. These restrictions on
the use of private data do not prohibit access to the data under section 13.03, subdivision
6. Except for appeals under subdivision 3, paragraph (a), clauses (4), (5), (9), and (10), upon
request, the county agency shall provide reimbursement for transportation, child care,
photocopying, medical assessment, witness fee, and other necessary and reasonable costs
incurred by the applicant, recipient, or former recipient in connection with the appeal. All
evidence, except that privileged by law, commonly accepted by reasonable people in the
conduct of their affairs as having probative value with respect to the issues shall be submitted
at the hearing and such hearing shall not be "a contested case" within the meaning of section
14.02, subdivision 3. The agency must present its evidence prior to or at the hearing, and
may not submit evidence after the hearing except by agreement of the parties at the hearing,
provided the petitioner has the opportunity to respond.

(c) In hearings under subdivision 3, paragraph (a), clauses (4), (9), and (10), involving
determinations of maltreatment or disqualification made by more than one county agency,
by a county agency and a state agency, or by more than one state agency, the hearings may
be consolidated into a single fair hearing upon the consent of all parties and the state human
services judge.

(d) For hearings under subdivision 3, paragraph (a), clause (4) or (10), involving a
vulnerable adult, the human services judge shall notify the vulnerable adult who is the
subject of the maltreatment determination and, if known, a guardian of the vulnerable adult
appointed under section 524.5-310, or a health care agent designated by the vulnerable adult
in a health care directive that is currently effective under section 145C.06 and whose authority
to make health care decisions is not suspended under section 524.5-310, of the hearing. The
notice must be sent by certified mail and inform the vulnerable adult of the right to file a
signed written statement in the proceedings. A guardian or health care agent who prepares
or files a written statement for the vulnerable adult must indicate in the statement that the
person is the vulnerable adult's guardian or health care agent and sign the statement in that
capacity. The vulnerable adult, the guardian, or the health care agent may file a written
statement with the human services judge hearing the case no later than five business days
before commencement of the hearing. The human services judge shall include the written
statement in the hearing record and consider the statement in deciding the appeal. This
subdivision does not limit, prevent, or excuse the vulnerable adult from being called as a
witness testifying at the hearing or grant the vulnerable adult, the guardian, or health care
agent a right to participate in the proceedings or appeal the human services judge's decision
in the case. The lead investigative agency must consider including the vulnerable adult
victim of maltreatment as a witness in the hearing. If the lead investigative agency determines
that participation in the hearing would endanger the well-being of the vulnerable adult or
not be in the best interests of the vulnerable adult, the lead investigative agency shall inform
the human services judge of the basis for this determination, which must be included in the
final order. If the human services judge is not reasonably able to determine the address of
the vulnerable adult, the guardian, or the health care agent, the human services judge is not
required to send a hearing notice under this subdivision.

Sec. 90.

Minnesota Statutes 2018, section 256B.0621, subdivision 4, is amended to read:

Subd. 4.

Relocation targeted county case management provider qualifications.

(a)
A relocation targeted county case management provider is an enrolled medical assistance
provider who is determined by the commissioner to have all of the following characteristics:

(1) the legal authority to provide public welfare under sections 393.01, subdivision 7;
and 393.07; or a federally recognized Indian tribe;

(2) the demonstrated capacity and experience to provide the components of case
management to coordinate and link community resources needed by the eligible population;

(3) the administrative capacity and experience to serve the target population for whom
it will provide services and ensure quality of services under state and federal requirements;

(4) the legal authority to provide complete investigative and protective services under
section deleted text begin626.556, subdivision 10deleted text endnew text begin 260E.14new text end; and child welfare and foster care services under
section 393.07, subdivisions 1 and 2; or a federally recognized Indian tribe;

(5) a financial management system that provides accurate documentation of services

HF 1732

Bill Text Versions

ARTICLE 1

REORGANIZATION

Section 1.

new text begin [260E.01] POLICY. new text end

Sec. 2.

new text begin [260E.02] MULTIDISCIPLINARY CHILD PROTECTION TEAM. new text end

new text begin Subdivision 1. new text end

new text begin Establishment of team. new text end

new text begin Subd. 2. new text end

new text begin Duties of team. new text end

new text begin Subd. 3. new text end

new text begin Sexually exploited youth outreach program. new text end

new text begin Subd. 4. new text end

new text begin Information sharing. new text end

new text begin Subd. 5. new text end

new text begin Children's advocacy center; definition. new text end

Sec. 3.

new text begin [260E.03] DEFINITIONS. new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin Subd. 2. new text end

new text begin Accidental. new text end

new text begin Subd. 3. new text end

new text begin Child fatality. new text end

new text begin Subd. 4. new text end

new text begin Commissioner. new text end

new text begin Subd. 5. new text end

new text begin Egregious harm. new text end

new text begin Subd. 6. new text end

new text begin Facility. new text end

new text begin Subd. 7. new text end

new text begin Family assessment. new text end

new text begin Subd. 8. new text end

new text begin Findings and information. new text end

new text begin Subd. 9. new text end

new text begin Immediately. new text end

new text begin Subd. 10. new text end

new text begin Interested person acting on behalf of the child. new text end

new text begin Subd. 11. new text end

new text begin Investigation. new text end

new text begin Subd. 12. new text end

new text begin Maltreatment. new text end

new text begin Subd. 13. new text end

new text begin Mental injury. new text end

new text begin Subd. 14. new text end

new text begin Near fatality. new text end

new text begin Subd. 15. new text end

new text begin Neglect. new text end

new text begin Subd. 16. new text end

new text begin Person in a current or recent position of authority. new text end

new text begin Subd. 17. new text end

new text begin Person responsible for the child's care. new text end

new text begin Subd. 18. new text end

new text begin Physical abuse. new text end

new text begin Subd. 19. new text end

new text begin Report. new text end

new text begin Subd. 20. new text end

new text begin Sexual abuse. new text end

new text begin Subd. 21. new text end

new text begin Significant relationship. new text end

new text begin Subd. 22. new text end

new text begin Substantial child endangerment. new text end

new text begin Subd. 23. new text end

new text begin Threatened injury. new text end

Sec. 4.

new text begin [260E.04] EVIDENCE. new text end

Sec. 5.

new text begin [260E.05] CULTURAL PRACTICES. new text end

Sec. 6.

new text begin [260E.06] MALTREATMENT REPORTING. new text end

new text begin Subdivision 1. new text end

new text begin Mandatory reporters. new text end

new text begin Subd. 2. new text end

new text begin Voluntary reporters. new text end

new text begin Subd. 3. new text end

new text begin Reporting in cases where selection of spiritual means or prayer for treatment or care may cause serious danger to child's health. new text end

new text begin Subd. 4. new text end

new text begin Licensing board duty to report. new text end

new text begin [260E.01] POLICY.
new text end

new text begin [260E.02] MULTIDISCIPLINARY CHILD PROTECTION TEAM.
new text end

new text begin [260E.03] DEFINITIONS.
new text end

new text begin [260E.04] EVIDENCE.
new text end

new text begin [260E.05] CULTURAL PRACTICES.
new text end

new text begin [260E.06] MALTREATMENT REPORTING.
new text end

new text begin Reporting in cases where selection of spiritual means or prayer for
treatment or care may cause serious danger to child's health. new text end

new text begin [260E.07] RETALIATION PROHIBITED.
new text end

new text begin [260E.08] CRIMINAL PENALTIES FOR FAILURE TO REPORT; CIVIL
PENALTY FOR MAKING FALSE REPORT.
new text end

new text begin [260E.09] REPORTING REQUIREMENTS.
new text end

new text begin [260E.10] NOTIFICATION TO REPORTERS.
new text end

new text begin [260E.11] AGENCY DESIGNATED TO RECEIVE REPORTS.
new text end

new text begin Reporting deprivation of parental rights or kidnapping to law
enforcement. new text end

new text begin Report to medical examiner or coroner; notification to local agency and
law enforcement; report ombudsman. new text end

new text begin [260E.12] REQUIRED ACTIONS OF THE RESPONSIBLE AGENCY AND
LAW ENFORCEMENT UPON RECEIVING REPORT.
new text end

new text begin [260E.13] REPORT TO OMBUDSMAN.
new text end

new text begin [260E.14] AGENCY RESPONSIBLE FOR SCREENING AND
ASSESSMENT OR INVESTIGATION.
new text end

new text begin [260E.15] SCREENING GUIDELINES.
new text end

new text begin [260E.16] TIMELINE FOR SCREENING.
new text end

new text begin [260E.17] RESPONSE PATH ASSIGNMENT.
new text end

new text begin [260E.18] NOTICE TO CHILD'S TRIBE.
new text end

new text begin [260E.19] CONFLICT OF INTEREST.
new text end

new text begin [260E.20] AGENCY DUTIES REGARDING INVESTIGATION AND
ASSESSMENT.
new text end

new text begin [260E.21] SCREENED OUT REPORTS.
new text end