HF 1790

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to child protection; establishing provisions 
  1.3             dealing with maltreatment of a child in a facility; 
  1.4             clarifying access to medical records for purposes of 
  1.5             maltreatment investigations; providing additional 
  1.6             appeal rights for interested persons acting on behalf 
  1.7             of a child; expanding duties of facility operators; 
  1.8             providing additional criminal liability for knowingly 
  1.9             permitting conditions that allow maltreatment of a 
  1.10            child in a facility to occur; requiring training; 
  1.11            imposing criminal penalties; amending Minnesota 
  1.12            Statutes 2000, sections 13.461, subdivision 17; 
  1.13            626.556, subdivisions 10, 10b, 10d, 10e, 10f, 10i, 11, 
  1.14            12; 626.559, subdivision 2; proposing coding for new 
  1.15            law in Minnesota Statutes, chapter 256. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  Minnesota Statutes 2000, section 13.461, 
  1.18  subdivision 17, is amended to read: 
  1.19     Subd. 17.  [VULNERABLE ADULT MALTREATMENT REVIEW PANEL 
  1.20  PANELS.] Data of the vulnerable adult maltreatment review 
  1.21  panel or the child maltreatment review panel are classified 
  1.22  under section 256.021 or section 2. 
  1.23     Sec. 2.  [256.022] [CHILD MALTREATMENT REVIEW PANEL.] 
  1.24     Subdivision 1.  [CREATION.] The commissioner of human 
  1.25  services shall establish a review panel for purposes of 
  1.26  reviewing investigating agency determinations regarding 
  1.27  maltreatment of a child in a facility in response to requests 
  1.28  received under section 626.556, subdivision 10i, paragraph (b).  
  1.29  The review panel consists of the commissioners of health; human 
  1.30  services; children, families, and learning; and corrections; the 
  2.1   ombudsman for crime victims; and the ombudsman for mental health 
  2.2   and mental retardation; or their designees.  
  2.3      Subd. 2.  [REVIEW PROCEDURE.] (a) The panel shall hold 
  2.4   quarterly meetings for purposes of conducting reviews under this 
  2.5   section.  If an interested person acting on behalf of a child 
  2.6   requests a review under this section, the panel shall review the 
  2.7   request at its next quarterly meeting.  If the next quarterly 
  2.8   meeting is within ten days of the panel's receipt of the request 
  2.9   for review, the review may be delayed until the next subsequent 
  2.10  meeting.  The panel shall review the request and the final 
  2.11  determination regarding maltreatment made by the investigating 
  2.12  agency and may review any other data on the investigation 
  2.13  maintained by the agency that are pertinent and necessary to its 
  2.14  review of the determination.  If more than one person requests a 
  2.15  review under this section with respect to the same 
  2.16  determination, the review panel shall combine the requests into 
  2.17  one review.  Upon receipt of a request for a review, the panel 
  2.18  shall notify the alleged perpetrator of maltreatment that a 
  2.19  review has been requested and provide an approximate timeline 
  2.20  for conducting the review.  
  2.21     (b) Within 30 days of the review under this section, the 
  2.22  panel shall notify the investigating agency and the interested 
  2.23  person who requested the review as to whether the panel agrees 
  2.24  with the determination or whether the investigating agency must 
  2.25  reconsider the determination.  If the panel determines that the 
  2.26  agency must reconsider the determination, the panel must make 
  2.27  specific investigative recommendations to the agency.  Within 30 
  2.28  days the investigating agency shall conduct a review and report 
  2.29  back to the panel with its reconsidered determination and the 
  2.30  specific rationale for its determination. 
  2.31     Subd. 3.  [REPORT.] By January 15 of each year, the panel 
  2.32  shall submit a report to the committees of the legislature with 
  2.33  jurisdiction over section 626.556 regarding the number of 
  2.34  requests for review it receives under this section, the number 
  2.35  of cases where the panel requires the investigating agency to 
  2.36  reconsider its final determination, the number of cases where 
  3.1   the final determination is changed, and any recommendations to 
  3.2   improve the review or investigative process.  
  3.3      Subd. 4.  [DATA.] Data of the review panel created as part 
  3.4   of a review under this section are private data on individuals 
  3.5   as defined in section 13.02. 
  3.6      Sec. 3.  Minnesota Statutes 2000, section 626.556, 
  3.7   subdivision 10, is amended to read: 
  3.8      Subd. 10.  [DUTIES OF LOCAL WELFARE AGENCY AND LOCAL LAW 
  3.9   ENFORCEMENT AGENCY UPON RECEIPT OF A REPORT.] (a) If the report 
  3.10  alleges neglect, physical abuse, or sexual abuse by a parent, 
  3.11  guardian, or individual functioning within the family unit as a 
  3.12  person responsible for the child's care, the local welfare 
  3.13  agency shall immediately conduct an assessment including 
  3.14  gathering information on the existence of substance abuse and 
  3.15  offer protective social services for purposes of preventing 
  3.16  further abuses, safeguarding and enhancing the welfare of the 
  3.17  abused or neglected minor, and preserving family life whenever 
  3.18  possible.  If the report alleges a violation of a criminal 
  3.19  statute involving sexual abuse, physical abuse, or neglect or 
  3.20  endangerment, under section 609.378, the local law enforcement 
  3.21  agency and local welfare agency shall coordinate the planning 
  3.22  and execution of their respective investigation and assessment 
  3.23  efforts to avoid a duplication of fact-finding efforts and 
  3.24  multiple interviews.  Each agency shall prepare a separate 
  3.25  report of the results of its investigation.  In cases of alleged 
  3.26  child maltreatment resulting in death, the local agency may rely 
  3.27  on the fact-finding efforts of a law enforcement investigation 
  3.28  to make a determination of whether or not maltreatment 
  3.29  occurred.  When necessary the local welfare agency shall seek 
  3.30  authority to remove the child from the custody of a parent, 
  3.31  guardian, or adult with whom the child is living.  In performing 
  3.32  any of these duties, the local welfare agency shall maintain 
  3.33  appropriate records.  
  3.34     If the assessment indicates there is a potential for abuse 
  3.35  of alcohol or other drugs by the parent, guardian, or person 
  3.36  responsible for the child's care, the local welfare agency shall 
  4.1   conduct a chemical use assessment pursuant to Minnesota Rules, 
  4.2   part 9530.6615.  The local welfare agency shall report the 
  4.3   determination of the chemical use assessment, and the 
  4.4   recommendations and referrals for alcohol and other drug 
  4.5   treatment services to the state authority on alcohol and drug 
  4.6   abuse. 
  4.7      (b) When a local agency receives a report or otherwise has 
  4.8   information indicating that a child who is a client, as defined 
  4.9   in section 245.91, has been the subject of physical abuse, 
  4.10  sexual abuse, or neglect at an agency, facility, or program as 
  4.11  defined in section 245.91, it shall, in addition to its other 
  4.12  duties under this section, immediately inform the ombudsman 
  4.13  established under sections 245.91 to 245.97. 
  4.14     (c) Authority of the local welfare agency responsible for 
  4.15  assessing the child abuse or neglect report and of the local law 
  4.16  enforcement agency for investigating the alleged abuse or 
  4.17  neglect includes, but is not limited to, authority to interview, 
  4.18  without parental consent, the alleged victim and any other 
  4.19  minors who currently reside with or who have resided with the 
  4.20  alleged offender.  The interview may take place at school or at 
  4.21  any facility or other place where the alleged victim or other 
  4.22  minors might be found or the child may be transported to, and 
  4.23  the interview conducted at, a place appropriate for the 
  4.24  interview of a child designated by the local welfare agency or 
  4.25  law enforcement agency.  The interview may take place outside 
  4.26  the presence of the alleged offender or parent, legal custodian, 
  4.27  guardian, or school official.  Except as provided in this 
  4.28  paragraph, the parent, legal custodian, or guardian shall be 
  4.29  notified by the responsible local welfare or law enforcement 
  4.30  agency no later than the conclusion of the investigation or 
  4.31  assessment that this interview has occurred.  Notwithstanding 
  4.32  rule 49.02 of the Minnesota rules of procedure for juvenile 
  4.33  courts, the juvenile court may, after hearing on an ex parte 
  4.34  motion by the local welfare agency, order that, where reasonable 
  4.35  cause exists, the agency withhold notification of this interview 
  4.36  from the parent, legal custodian, or guardian.  If the interview 
  5.1   took place or is to take place on school property, the order 
  5.2   shall specify that school officials may not disclose to the 
  5.3   parent, legal custodian, or guardian the contents of the 
  5.4   notification of intent to interview the child on school 
  5.5   property, as provided under this paragraph, and any other 
  5.6   related information regarding the interview that may be a part 
  5.7   of the child's school record.  A copy of the order shall be sent 
  5.8   by the local welfare or law enforcement agency to the 
  5.9   appropriate school official. 
  5.10     (d) When the local welfare or local law enforcement agency 
  5.11  determines that an interview should take place on school 
  5.12  property, written notification of intent to interview the child 
  5.13  on school property must be received by school officials prior to 
  5.14  the interview.  The notification shall include the name of the 
  5.15  child to be interviewed, the purpose of the interview, and a 
  5.16  reference to the statutory authority to conduct an interview on 
  5.17  school property.  For interviews conducted by the local welfare 
  5.18  agency, the notification shall be signed by the chair of the 
  5.19  local social services agency or the chair's designee.  The 
  5.20  notification shall be private data on individuals subject to the 
  5.21  provisions of this paragraph.  School officials may not disclose 
  5.22  to the parent, legal custodian, or guardian the contents of the 
  5.23  notification or any other related information regarding the 
  5.24  interview until notified in writing by the local welfare or law 
  5.25  enforcement agency that the investigation or assessment has been 
  5.26  concluded.  Until that time, the local welfare or law 
  5.27  enforcement agency shall be solely responsible for any 
  5.28  disclosures regarding the nature of the assessment or 
  5.29  investigation.  
  5.30     Except where the alleged offender is believed to be a 
  5.31  school official or employee, the time and place, and manner of 
  5.32  the interview on school premises shall be within the discretion 
  5.33  of school officials, but the local welfare or law enforcement 
  5.34  agency shall have the exclusive authority to determine who may 
  5.35  attend the interview.  The conditions as to time, place, and 
  5.36  manner of the interview set by the school officials shall be 
  6.1   reasonable and the interview shall be conducted not more than 24 
  6.2   hours after the receipt of the notification unless another time 
  6.3   is considered necessary by agreement between the school 
  6.4   officials and the local welfare or law enforcement agency.  
  6.5   Where the school fails to comply with the provisions of this 
  6.6   paragraph, the juvenile court may order the school to comply.  
  6.7   Every effort must be made to reduce the disruption of the 
  6.8   educational program of the child, other students, or school 
  6.9   staff when an interview is conducted on school premises.  
  6.10     (e) Where the alleged offender or a person responsible for 
  6.11  the care of the alleged victim or other minor prevents access to 
  6.12  the victim or other minor by the local welfare agency, the 
  6.13  juvenile court may order the parents, legal custodian, or 
  6.14  guardian to produce the alleged victim or other minor for 
  6.15  questioning by the local welfare agency or the local law 
  6.16  enforcement agency outside the presence of the alleged offender 
  6.17  or any person responsible for the child's care at reasonable 
  6.18  places and times as specified by court order.  
  6.19     (f) Before making an order under paragraph (e), the court 
  6.20  shall issue an order to show cause, either upon its own motion 
  6.21  or upon a verified petition, specifying the basis for the 
  6.22  requested interviews and fixing the time and place of the 
  6.23  hearing.  The order to show cause shall be served personally and 
  6.24  shall be heard in the same manner as provided in other cases in 
  6.25  the juvenile court.  The court shall consider the need for 
  6.26  appointment of a guardian ad litem to protect the best interests 
  6.27  of the child.  If appointed, the guardian ad litem shall be 
  6.28  present at the hearing on the order to show cause.  
  6.29     (g) The commissioner, the ombudsman for mental health and 
  6.30  mental retardation, the local welfare agencies responsible for 
  6.31  investigating reports, and the local law enforcement agencies 
  6.32  have the right to enter facilities as defined in subdivision 2 
  6.33  and to inspect and copy the facility's records, including 
  6.34  medical records, as part of the investigation.  Notwithstanding 
  6.35  the provisions of chapter 13, they also have the right to inform 
  6.36  the facility under investigation that they are conducting an 
  7.1   investigation, to disclose to the facility the names of the 
  7.2   individuals under investigation for abusing or neglecting a 
  7.3   child, and to provide the facility with a copy of the report and 
  7.4   the investigative findings. 
  7.5      (h) The local welfare agency shall collect available and 
  7.6   relevant information to ascertain whether maltreatment occurred 
  7.7   and whether protective services are needed.  Information 
  7.8   collected includes, when relevant, information with regard to 
  7.9   the person reporting the alleged maltreatment, including the 
  7.10  nature of the reporter's relationship to the child and to the 
  7.11  alleged offender, and the basis of the reporter's knowledge for 
  7.12  the report; the child allegedly being maltreated; the alleged 
  7.13  offender; the child's caretaker; and other collateral sources 
  7.14  having relevant information related to the alleged 
  7.15  maltreatment.  The local welfare agency may make a determination 
  7.16  of no maltreatment early in an assessment, and close the case 
  7.17  and retain immunity, if the collected information shows no basis 
  7.18  for a full assessment or investigation. 
  7.19     Information relevant to the assessment or investigation 
  7.20  must be asked for, and may include: 
  7.21     (1) the child's sex and age, prior reports of maltreatment, 
  7.22  information relating to developmental functioning, credibility 
  7.23  of the child's statement, and whether the information provided 
  7.24  under this clause is consistent with other information collected 
  7.25  during the course of the assessment or investigation; 
  7.26     (2) the alleged offender's age, a record check for prior 
  7.27  reports of maltreatment, and criminal charges and convictions.  
  7.28  The local welfare agency must provide the alleged offender with 
  7.29  an opportunity to make a statement.  The alleged offender may 
  7.30  submit supporting documentation relevant to the assessment or 
  7.31  investigation; 
  7.32     (3) collateral source information regarding the alleged 
  7.33  maltreatment and care of the child.  Collateral information 
  7.34  includes, when relevant:  (i) a medical examination of the 
  7.35  child; (ii) prior medical records relating to the alleged 
  7.36  maltreatment or the care of the child maintained by any 
  8.1   facility, clinic, or health care professional and an interview 
  8.2   with the treating professionals; and (iii) interviews with the 
  8.3   child's caretakers, including the child's parent, guardian, 
  8.4   foster parent, child care provider, teachers, counselors, family 
  8.5   members, relatives, and other persons who may have knowledge 
  8.6   regarding the alleged maltreatment and the care of the child; 
  8.7   and 
  8.8      (4) information on the existence of domestic abuse and 
  8.9   violence in the home of the child, and substance abuse. 
  8.10     Nothing in this paragraph precludes the local welfare 
  8.11  agency from collecting other relevant information necessary to 
  8.12  conduct the assessment or investigation.  Notwithstanding 
  8.13  section 13.384 or 144.335, the local welfare agency has access 
  8.14  to medical data and records for purposes of clause (3).  
  8.15  Notwithstanding the data's classification in the possession of 
  8.16  any other agency, data acquired by the local welfare agency 
  8.17  during the course of the assessment or investigation are private 
  8.18  data on individuals and must be maintained in accordance with 
  8.19  subdivision 11. 
  8.20     (i) In the initial stages of an assessment or 
  8.21  investigation, the local welfare agency shall conduct a 
  8.22  face-to-face observation of the child reported to be maltreated 
  8.23  and a face-to-face interview of the alleged offender.  The 
  8.24  interview with the alleged offender may be postponed if it would 
  8.25  jeopardize an active law enforcement investigation. 
  8.26     (j) The local welfare agency shall use a question and 
  8.27  answer interviewing format with questioning as nondirective as 
  8.28  possible to elicit spontaneous responses.  The following 
  8.29  interviewing methods and procedures must be used whenever 
  8.30  possible when collecting information: 
  8.31     (1) audio recordings of all interviews with witnesses and 
  8.32  collateral sources; and 
  8.33     (2) in cases of alleged sexual abuse, audio-video 
  8.34  recordings of each interview with the alleged victim and child 
  8.35  witnesses. 
  8.36     Sec. 4.  Minnesota Statutes 2000, section 626.556, 
  9.1   subdivision 10b, is amended to read: 
  9.2      Subd. 10b.  [DUTIES OF COMMISSIONER; NEGLECT OR ABUSE IN 
  9.3   FACILITY.] (a) This section applies to the commissioners of 
  9.4   human services, health, and children, families, and learning.  
  9.5   The commissioner of the agency responsible for assessing or 
  9.6   investigating the report shall immediately investigate if the 
  9.7   report alleges that: 
  9.8      (1) a child who is in the care of a facility as defined in 
  9.9   subdivision 2 is neglected, physically abused, or sexually 
  9.10  abused, or is the victim of maltreatment in a facility by an 
  9.11  individual in that facility, or has been so neglected or 
  9.12  abused or been the victim of maltreatment in a facility by an 
  9.13  individual in that facility within the three years preceding the 
  9.14  report; or 
  9.15     (2) a child was neglected, physically abused, or sexually 
  9.16  abused, or is the victim of maltreatment in a facility by an 
  9.17  individual in a facility defined in subdivision 2, while in the 
  9.18  care of that facility within the three years preceding the 
  9.19  report.  
  9.20     The commissioner of the agency responsible for assessing or 
  9.21  investigating the report shall arrange for the transmittal to 
  9.22  the commissioner of reports received by local agencies and may 
  9.23  delegate to a local welfare agency the duty to investigate 
  9.24  reports.  In conducting an investigation under this section, the 
  9.25  commissioner has the powers and duties specified for local 
  9.26  welfare agencies under this section.  The commissioner of the 
  9.27  agency responsible for assessing or investigating the report or 
  9.28  local welfare agency may interview any children who are or have 
  9.29  been in the care of a facility under investigation and their 
  9.30  parents, guardians, or legal custodians. 
  9.31     (b) Prior to any interview, the commissioner of the agency 
  9.32  responsible for assessing or investigating the report or local 
  9.33  welfare agency shall notify the parent, guardian, or legal 
  9.34  custodian of a child who will be interviewed in the manner 
  9.35  provided for in subdivision 10d, paragraph (a).  If reasonable 
  9.36  efforts to reach the parent, guardian, or legal custodian of a 
 10.1   child in an out-of-home placement have failed, the child may be 
 10.2   interviewed if there is reason to believe the interview is 
 10.3   necessary to protect the child or other children in the 
 10.4   facility.  The commissioner of the agency responsible for 
 10.5   assessing or investigating the report or local agency must 
 10.6   provide the information required in this subdivision to the 
 10.7   parent, guardian, or legal custodian of a child interviewed 
 10.8   without parental notification as soon as possible after the 
 10.9   interview.  When the investigation is completed, any parent, 
 10.10  guardian, or legal custodian notified under this subdivision 
 10.11  shall receive the written memorandum provided for in subdivision 
 10.12  10d, paragraph (c). 
 10.13     (c) In conducting investigations under this subdivision the 
 10.14  commissioner or local welfare agency shall obtain access to 
 10.15  information consistent with subdivision 10, paragraphs (h), (i), 
 10.16  and (j). 
 10.17     (d) Except for foster care and family child care, the 
 10.18  commissioner has the primary responsibility for the 
 10.19  investigations and notifications required under subdivisions 10d 
 10.20  and 10f for reports that allege maltreatment related to the care 
 10.21  provided by or in facilities licensed by the commissioner.  The 
 10.22  commissioner may request assistance from the local social 
 10.23  services agency. 
 10.24     Sec. 5.  Minnesota Statutes 2000, section 626.556, 
 10.25  subdivision 10d, is amended to read: 
 10.26     Subd. 10d.  [NOTIFICATION OF NEGLECT OR ABUSE IN FACILITY.] 
 10.27  (a) When a report is received that alleges neglect, physical 
 10.28  abuse, or sexual abuse, or maltreatment of a child while in the 
 10.29  care of a licensed or unlicensed day care facility, residential 
 10.30  facility, agency, hospital, sanitarium, or other facility or 
 10.31  institution required to be licensed according to sections 144.50 
 10.32  to 144.58; 241.021; or 245A.01 to 245A.16; or chapter 245B, or a 
 10.33  school as defined in sections 120A.05, subdivisions 9, 11, and 
 10.34  13; and 124D.10; or a nonlicensed personal care provider 
 10.35  organization as defined in section 256B.04, subdivision 16, and 
 10.36  256B.0625, subdivision 19a, the commissioner of the agency 
 11.1   responsible for assessing or investigating the report or local 
 11.2   welfare agency investigating the report shall provide the 
 11.3   following information to the parent, guardian, or legal 
 11.4   custodian of a child alleged to have been neglected, physically 
 11.5   abused, or sexually abused, or the victim of maltreatment of a 
 11.6   child in the facility:  the name of the facility; the fact that 
 11.7   a report alleging neglect, physical abuse, or sexual abuse, or 
 11.8   maltreatment of a child in the facility has been received; the 
 11.9   nature of the alleged neglect, physical abuse, or sexual abuse, 
 11.10  or maltreatment of a child in the facility; that the agency is 
 11.11  conducting an investigation; any protective or corrective 
 11.12  measures being taken pending the outcome of the investigation; 
 11.13  and that a written memorandum will be provided when the 
 11.14  investigation is completed. 
 11.15     (b) The commissioner of the agency responsible for 
 11.16  assessing or investigating the report or local welfare agency 
 11.17  may also provide the information in paragraph (a) to the parent, 
 11.18  guardian, or legal custodian of any other child in the facility 
 11.19  if the investigative agency knows or has reason to believe the 
 11.20  alleged neglect, physical abuse, or sexual abuse, or 
 11.21  maltreatment of a child in the facility has occurred.  In 
 11.22  determining whether to exercise this authority, the commissioner 
 11.23  of the agency responsible for assessing or investigating the 
 11.24  report or local welfare agency shall consider the seriousness of 
 11.25  the alleged neglect, physical abuse, or sexual abuse, or 
 11.26  maltreatment of a child in the facility; the number of children 
 11.27  allegedly neglected, physically abused, or sexually abused, or 
 11.28  victims of maltreatment of a child in the facility; the number 
 11.29  of alleged perpetrators; and the length of the investigation.  
 11.30  The facility shall be notified whenever this discretion is 
 11.31  exercised. 
 11.32     (c) When the commissioner of the agency responsible for 
 11.33  assessing or investigating the report or local welfare agency 
 11.34  has completed its investigation, every parent, guardian, or 
 11.35  legal custodian notified of the investigation by the 
 11.36  commissioner or local welfare agency shall be provided with the 
 12.1   following information in a written memorandum:  the name of the 
 12.2   facility investigated; the nature of the alleged neglect, 
 12.3   physical abuse, or sexual abuse, or maltreatment of a child in 
 12.4   the facility; the investigator's name; a summary of the 
 12.5   investigation findings; a statement whether maltreatment was 
 12.6   found; and the protective or corrective measures that are being 
 12.7   or will be taken.  The memorandum shall be written in a manner 
 12.8   that protects the identity of the reporter and the child and 
 12.9   shall not contain the name, or to the extent possible, reveal 
 12.10  the identity of the alleged perpetrator or of those interviewed 
 12.11  during the investigation.  If maltreatment is determined to 
 12.12  exist, the commissioner or local welfare agency shall also 
 12.13  provide the written memorandum to the parent, guardian, or legal 
 12.14  custodian of each child in the facility if maltreatment is 
 12.15  determined to exist who had contact with the individual 
 12.16  responsible for the maltreatment.  When the facility is the 
 12.17  responsible party for maltreatment, the commissioner or local 
 12.18  welfare agency shall also provide the written memorandum to the 
 12.19  parent, guardian, or legal custodian of each child who received 
 12.20  services in the population of the facility where the 
 12.21  maltreatment occurred.  This notification must be provided to 
 12.22  the parent, guardian, or legal custodian of each child receiving 
 12.23  services from the time the maltreatment occurred until either 
 12.24  the individual responsible for maltreatment is no longer in 
 12.25  contact with a child or children in the facility or the 
 12.26  conclusion of the investigation. 
 12.27     Sec. 6.  Minnesota Statutes 2000, section 626.556, 
 12.28  subdivision 10e, is amended to read: 
 12.29     Subd. 10e.  [DETERMINATIONS.] Upon the conclusion of every 
 12.30  assessment or investigation it conducts, the local welfare 
 12.31  agency shall make two determinations:  first, whether 
 12.32  maltreatment has occurred; and second, whether child protective 
 12.33  services are needed.  When maltreatment is determined in an 
 12.34  investigation involving a facility, the investigating agency 
 12.35  shall also determine whether the facility or individual was 
 12.36  responsible for the maltreatment using the mitigating factors in 
 13.1   paragraph (d).  Determinations under this subdivision must be 
 13.2   made based on a preponderance of the evidence. 
 13.3      (a) For the purposes of this subdivision, "maltreatment" 
 13.4   means any of the following acts or omissions committed by a 
 13.5   person responsible for the child's care: 
 13.6      (1) physical abuse as defined in subdivision 2, paragraph 
 13.7   (d); 
 13.8      (2) neglect as defined in subdivision 2, paragraph (c); 
 13.9      (3) sexual abuse as defined in subdivision 2, paragraph 
 13.10  (a); or 
 13.11     (4) mental injury as defined in subdivision 2, paragraph 
 13.12  (k); or 
 13.13     (5) maltreatment of a child in a facility as defined in 
 13.14  subdivision 2, paragraph (n). 
 13.15     (b) For the purposes of this subdivision, a determination 
 13.16  that child protective services are needed means that the local 
 13.17  welfare agency has documented conditions during the assessment 
 13.18  or investigation sufficient to cause a child protection worker, 
 13.19  as defined in section 626.559, subdivision 1, to conclude that a 
 13.20  child is at significant risk of maltreatment if protective 
 13.21  intervention is not provided and that the individuals 
 13.22  responsible for the child's care have not taken or are not 
 13.23  likely to take actions to protect the child from maltreatment or 
 13.24  risk of maltreatment. 
 13.25     (c) This subdivision does not mean that maltreatment has 
 13.26  occurred solely because the child's parent, guardian, or other 
 13.27  person responsible for the child's care in good faith selects 
 13.28  and depends upon spiritual means or prayer for treatment or care 
 13.29  of disease or remedial care of the child, in lieu of medical 
 13.30  care.  However, if lack of medical care may result in serious 
 13.31  danger to the child's health, the local welfare agency may 
 13.32  ensure that necessary medical services are provided to the child.
 13.33     (d) When determining whether the facility or individual is 
 13.34  the responsible party for determined maltreatment in a facility, 
 13.35  the investigating agency shall consider at least the following 
 13.36  mitigating factors: 
 14.1      (1) whether the actions of the facility or the individual 
 14.2   caregivers were according to, and followed the terms of, an 
 14.3   erroneous physician order, prescription, individual care plan, 
 14.4   or directive; however, this is not a mitigating factor when the 
 14.5   facility or caregiver was responsible for the issuance of the 
 14.6   erroneous order, prescription, individual care plan, or 
 14.7   directive or knew or should have known of the errors and took no 
 14.8   reasonable measures to correct the defect before administering 
 14.9   care; 
 14.10     (2) comparative responsibility between the facility, other 
 14.11  caregivers, and requirements placed upon an employee, including 
 14.12  the facility's compliance with related regulatory standards and 
 14.13  the adequacy of facility policies and procedures, facility 
 14.14  training, an individual's participation in the training, the 
 14.15  caregiver's supervision, and facility staffing levels and the 
 14.16  scope of the individual employee's authority and discretion; and 
 14.17     (3) whether the facility or individual followed 
 14.18  professional standards in exercising professional judgment. 
 14.19     Individual counties may implement more detailed definitions 
 14.20  or criteria that indicate which allegations to investigate, as 
 14.21  long as a county's policies are consistent with the definitions 
 14.22  in the statutes and rules and are approved by the county board.  
 14.23  Each local welfare agency shall periodically inform mandated 
 14.24  reporters under subdivision 3 who work in the county of the 
 14.25  definitions of maltreatment in the statutes and rules and any 
 14.26  additional definitions or criteria that have been approved by 
 14.27  the county board. 
 14.28     Sec. 7.  Minnesota Statutes 2000, section 626.556, 
 14.29  subdivision 10f, is amended to read: 
 14.30     Subd. 10f.  [NOTICE OF DETERMINATIONS.] Within ten working 
 14.31  days of the conclusion of an assessment, the local welfare 
 14.32  agency or agency responsible for assessing or investigating the 
 14.33  report shall notify the parent or guardian of the child, the 
 14.34  person determined to be maltreating the child, and if 
 14.35  applicable, the director of the facility, of the determination 
 14.36  and a summary of the specific reasons for the determination.  
 15.1   The notice must also include a certification that the 
 15.2   information collection procedures under subdivision 10, 
 15.3   paragraphs (h), (i), and (j), were followed and a notice of the 
 15.4   right of a data subject to obtain access to other private data 
 15.5   on the subject collected, created, or maintained under this 
 15.6   section.  In addition, the notice shall include the length of 
 15.7   time that the records will be kept under subdivision 11c.  The 
 15.8   investigating agency shall notify the parent or guardian of the 
 15.9   child who is the subject of the report, and any person or 
 15.10  facility determined to have maltreated a child, of their 
 15.11  appeal or review rights under this section or section 2. 
 15.12     Sec. 8.  Minnesota Statutes 2000, section 626.556, 
 15.13  subdivision 10i, is amended to read: 
 15.14     Subd. 10i.  [ADMINISTRATIVE RECONSIDERATION OF FINAL 
 15.15  DETERMINATION OF MALTREATMENT; REVIEW PANEL.] (a) An individual 
 15.16  or facility that the commissioner or a local social service 
 15.17  agency determines has maltreated a child, or the child's 
 15.18  designee an interested person acting on behalf of the child, 
 15.19  regardless of the determination, who contests the investigating 
 15.20  agency's final determination regarding maltreatment, may request 
 15.21  the investigating agency to reconsider its final determination 
 15.22  regarding maltreatment.  The request for reconsideration must be 
 15.23  submitted in writing to the investigating agency within 15 
 15.24  calendar days after receipt of notice of the final determination 
 15.25  regarding maltreatment or, if the request is made by an 
 15.26  interested person who is not entitled to notice, within 15 days 
 15.27  after receipt of the notice by the parent or guardian of the 
 15.28  child.  
 15.29     (b) If the investigating agency denies the request or fails 
 15.30  to act upon the request within 15 calendar days after receiving 
 15.31  the request for reconsideration, the person or facility entitled 
 15.32  to a fair hearing under section 256.045 may submit to the 
 15.33  commissioner of human services a written request for a hearing 
 15.34  under that section.  For reports involving maltreatment of a 
 15.35  child in a facility, an interested person acting on behalf of 
 15.36  the child may request a review by the child maltreatment review 
 16.1   panel under section 2 if the investigating agency denies the 
 16.2   request or fails to act upon the request or if the interested 
 16.3   person contests a reconsidered determination.  The investigating 
 16.4   agency shall notify persons who request reconsideration of their 
 16.5   rights under this paragraph.  The request must be submitted in 
 16.6   writing to the review panel and a copy sent to the investigating 
 16.7   agency within 30 calendar days of receipt of notice of a denial 
 16.8   of a request for reconsideration or of a reconsidered 
 16.9   determination.  The request must specifically identify the 
 16.10  aspects of the agency determination with which the person is 
 16.11  dissatisfied.  
 16.12     (c) If, as a result of the a reconsideration or review, the 
 16.13  investigating agency changes the final determination of 
 16.14  maltreatment, that agency shall notify the parties specified in 
 16.15  subdivisions 10b, 10d, and 10f. 
 16.16     (d) If an individual or facility contests the investigating 
 16.17  agency's final determination regarding maltreatment by 
 16.18  requesting a fair hearing under section 256.045, the 
 16.19  commissioner of human services shall assure that the hearing is 
 16.20  conducted and a decision is reached within 90 days of receipt of 
 16.21  the request for a hearing.  The time for action on the decision 
 16.22  may be extended for as many days as the hearing is postponed or 
 16.23  the record is held open for the benefit of either party. 
 16.24     (e) For purposes of this subdivision, "interested person 
 16.25  acting on behalf of the child" means a parent or legal guardian; 
 16.26  stepparent; grandparent; guardian ad litem; adult stepbrother, 
 16.27  stepsister, or sibling; or adult aunt or uncle; unless the 
 16.28  person has been determined to be the perpetrator of the 
 16.29  maltreatment. 
 16.30     Sec. 9.  Minnesota Statutes 2000, section 626.556, 
 16.31  subdivision 11, is amended to read: 
 16.32     Subd. 11.  [RECORDS.] (a) Except as provided in paragraph 
 16.33  (b) or (c) and subdivisions 10b, 10d, 10g, and 11b, all records 
 16.34  concerning individuals maintained by a local welfare agency or 
 16.35  agency responsible for assessing or investigating the report 
 16.36  under this section, including any written reports filed under 
 17.1   subdivision 7, shall be private data on individuals, except 
 17.2   insofar as copies of reports are required by subdivision 7 to be 
 17.3   sent to the local police department or the county sheriff.  
 17.4   Reports maintained by any police department or the county 
 17.5   sheriff shall be private data on individuals except the reports 
 17.6   shall be made available to the investigating, petitioning, or 
 17.7   prosecuting authority, including county medical examiners or 
 17.8   county coroners.  Section 13.82, subdivisions 7, 5a, and 5b, 
 17.9   apply to law enforcement data other than the reports.  The local 
 17.10  social services agency or agency responsible for assessing or 
 17.11  investigating the report shall make available to the 
 17.12  investigating, petitioning, or prosecuting authority, including 
 17.13  county medical examiners or county coroners or their 
 17.14  professional delegates, any records which contain information 
 17.15  relating to a specific incident of neglect or abuse which is 
 17.16  under investigation, petition, or prosecution and information 
 17.17  relating to any prior incidents of neglect or abuse involving 
 17.18  any of the same persons.  The records shall be collected and 
 17.19  maintained in accordance with the provisions of chapter 13.  In 
 17.20  conducting investigations and assessments pursuant to this 
 17.21  section, the notice required by section 13.04, subdivision 2, 
 17.22  need not be provided to a minor under the age of ten who is the 
 17.23  alleged victim of abuse or neglect.  An individual subject of a 
 17.24  record shall have access to the record in accordance with those 
 17.25  sections, except that the name of the reporter shall be 
 17.26  confidential while the report is under assessment or 
 17.27  investigation except as otherwise permitted by this 
 17.28  subdivision.  Any person conducting an investigation or 
 17.29  assessment under this section who intentionally discloses the 
 17.30  identity of a reporter prior to the completion of the 
 17.31  investigation or assessment is guilty of a misdemeanor.  After 
 17.32  the assessment or investigation is completed, the name of the 
 17.33  reporter shall be confidential.  The subject of the report may 
 17.34  compel disclosure of the name of the reporter only with the 
 17.35  consent of the reporter or upon a written finding by the court 
 17.36  that the report was false and that there is evidence that the 
 18.1   report was made in bad faith.  This subdivision does not alter 
 18.2   disclosure responsibilities or obligations under the rules of 
 18.3   criminal procedure. 
 18.4      (b) Upon request of the legislative auditor, data on 
 18.5   individuals maintained under this section must be released to 
 18.6   the legislative auditor in order for the auditor to fulfill the 
 18.7   auditor's duties under section 3.971.  The auditor shall 
 18.8   maintain the data in accordance with chapter 13. 
 18.9      (c) The investigating agency shall exchange not public data 
 18.10  with the child maltreatment review panel under section 2 if the 
 18.11  data are pertinent and necessary for a review requested under 
 18.12  section 2.  Upon completion of the review, the not public data 
 18.13  received by the review panel must be returned to the 
 18.14  investigating agency.  
 18.15     Sec. 10.  Minnesota Statutes 2000, section 626.556, 
 18.16  subdivision 12, is amended to read: 
 18.17     Subd. 12.  [DUTIES OF FACILITY OPERATORS.] Any operator, 
 18.18  employee, or volunteer worker at any facility who intentionally 
 18.19  neglects, physically abuses, or sexually abuses any child in the 
 18.20  care of that facility may be charged with a violation of section 
 18.21  609.255, 609.377, or 609.378.  Any operator of a facility who 
 18.22  knowingly permits conditions to exist which result in neglect, 
 18.23  physical abuse, or sexual abuse, or maltreatment of a child in a 
 18.24  facility while in the care of that facility may be charged with 
 18.25  a violation of section 609.378.  The facility operator shall 
 18.26  inform all mandated reporters employed by or otherwise 
 18.27  associated with the facility of the duties required of mandated 
 18.28  reporters and shall inform all mandatory reporters of the 
 18.29  prohibition against retaliation for reports made in good faith 
 18.30  under this section. 
 18.31     Sec. 11.  Minnesota Statutes 2000, section 626.559, 
 18.32  subdivision 2, is amended to read: 
 18.33     Subd. 2.  [JOINT TRAINING.] The commissioners of human 
 18.34  services and public safety shall cooperate in the development of 
 18.35  a joint program for training child abuse services professionals 
 18.36  in the appropriate techniques for child abuse assessment and 
 19.1   investigation.  The program shall include but need not be 
 19.2   limited to the following areas: 
 19.3      (1) the public policy goals of the state as set forth in 
 19.4   section 260C.001 and the role of the assessment or investigation 
 19.5   in meeting these goals; 
 19.6      (2) the special duties of child protection workers and law 
 19.7   enforcement officers under section 626.556; 
 19.8      (3) the appropriate methods for directing and managing 
 19.9   affiliated professionals who may be utilized in providing 
 19.10  protective services and strengthening family ties; 
 19.11     (4) the appropriate methods for interviewing alleged 
 19.12  victims of child abuse and other minors in the course of 
 19.13  performing an assessment or an investigation; 
 19.14     (5) the dynamics of child abuse and neglect within family 
 19.15  systems and the appropriate methods for interviewing parents in 
 19.16  the course of the assessment or investigation, including 
 19.17  training in recognizing cases in which one of the parents is a 
 19.18  victim of domestic abuse and in need of special legal or medical 
 19.19  services; 
 19.20     (6) the legal, evidentiary considerations that may be 
 19.21  relevant to the conduct of an assessment or an investigation; 
 19.22     (7) the circumstances under which it is appropriate to 
 19.23  remove the alleged abuser or the alleged victim from the home; 
 19.24     (8) the protective social services that are available to 
 19.25  protect alleged victims from further abuse, to prevent child 
 19.26  abuse and domestic abuse, and to preserve the family unit, and 
 19.27  training in the preparation of case plans to coordinate services 
 19.28  for the alleged child abuse victim with services for any parents 
 19.29  who are victims of domestic abuse; and 
 19.30     (9) the methods by which child protection workers and law 
 19.31  enforcement workers cooperate in conducting assessments and 
 19.32  investigations in order to avoid duplication of efforts; and 
 19.33     (10) appropriate methods for interviewing alleged victims 
 19.34  of child abuse and conducting investigations in cases where the 
 19.35  alleged victim is developmentally, physically, or mentally 
 19.36  disabled.