HF 1802

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

  1.1                          A bill for an act 
  1.2             relating to child protection; modifying procedures for 
  1.3             an emergency petition for domestic child abuse; 
  1.4             authorizing counties to establish alternative 
  1.5             responses to child maltreatment reports; modifying 
  1.6             definitions in the child abuse reporting act; 
  1.7             providing for the department of children, families, 
  1.8             and learning to investigate allegations of child 
  1.9             maltreatment in a school; providing for the department 
  1.10            of health to investigate alleged child maltreatment by 
  1.11            unlicensed home health care providers; providing for 
  1.12            information sharing under the child abuse reporting 
  1.13            act; providing for screening criteria for maltreatment 
  1.14            reports and criteria for use of alternative programs; 
  1.15            amending Minnesota Statutes 1998, sections 260.015, 
  1.16            subdivisions 2a and 28; 260.133, subdivision 2; 
  1.17            260.191, subdivision 1b; 626.556, subdivisions 2, 3, 
  1.18            4, 7, 10b, 10d, 10e, 10f, 10j, 11, 11b, 11c, and by 
  1.19            adding a subdivision; and 626.558, subdivision 2; 
  1.20            proposing coding for new law in Minnesota Statutes, 
  1.21            chapter 626. 
  1.22  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.23     Section 1.  Minnesota Statutes 1998, section 260.015, 
  1.24  subdivision 2a, is amended to read: 
  1.25     Subd. 2a.  [CHILD IN NEED OF PROTECTION OR SERVICES.] 
  1.26  "Child in need of protection or services" means a child who is 
  1.27  in need of protection or services because the child: 
  1.28     (1) is abandoned or without parent, guardian, or custodian; 
  1.29     (2)(i) has been a victim of physical or sexual abuse, (ii) 
  1.30  resides with or has resided with a victim of domestic child 
  1.31  abuse as defined in subdivision 24, (iii) resides with or would 
  1.32  reside with a perpetrator of domestic child abuse or child abuse 
  1.33  as defined in subdivision 28, or (iv) is a victim of emotional 
  2.1   maltreatment as defined in subdivision 5a; 
  2.2      (3) is without necessary food, clothing, shelter, 
  2.3   education, or other required care for the child's physical or 
  2.4   mental health or morals because the child's parent, guardian, or 
  2.5   custodian is unable or unwilling to provide that care; 
  2.6      (4) is without the special care made necessary by a 
  2.7   physical, mental, or emotional condition because the child's 
  2.8   parent, guardian, or custodian is unable or unwilling to provide 
  2.9   that care; 
  2.10     (5) is medically neglected, which includes, but is not 
  2.11  limited to, the withholding of medically indicated treatment 
  2.12  from a disabled infant with a life-threatening condition.  The 
  2.13  term "withholding of medically indicated treatment" means the 
  2.14  failure to respond to the infant's life-threatening conditions 
  2.15  by providing treatment, including appropriate nutrition, 
  2.16  hydration, and medication which, in the treating physician's or 
  2.17  physicians' reasonable medical judgment, will be most likely to 
  2.18  be effective in ameliorating or correcting all conditions, 
  2.19  except that the term does not include the failure to provide 
  2.20  treatment other than appropriate nutrition, hydration, or 
  2.21  medication to an infant when, in the treating physician's or 
  2.22  physicians' reasonable medical judgment: 
  2.23     (i) the infant is chronically and irreversibly comatose; 
  2.24     (ii) the provision of the treatment would merely prolong 
  2.25  dying, not be effective in ameliorating or correcting all of the 
  2.26  infant's life-threatening conditions, or otherwise be futile in 
  2.27  terms of the survival of the infant; or 
  2.28     (iii) the provision of the treatment would be virtually 
  2.29  futile in terms of the survival of the infant and the treatment 
  2.30  itself under the circumstances would be inhumane; 
  2.31     (6) is one whose parent, guardian, or other custodian for 
  2.32  good cause desires to be relieved of the child's care and 
  2.33  custody; 
  2.34     (7) has been placed for adoption or care in violation of 
  2.35  law; 
  2.36     (8) is without proper parental care because of the 
  3.1   emotional, mental, or physical disability, or state of 
  3.2   immaturity of the child's parent, guardian, or other custodian; 
  3.3      (9) is one whose behavior, condition, or environment is 
  3.4   such as to be injurious or dangerous to the child or others.  An 
  3.5   injurious or dangerous environment may include, but is not 
  3.6   limited to, the exposure of a child to criminal activity in the 
  3.7   child's home; 
  3.8      (10) is experiencing growth delays, which may be referred 
  3.9   to as failure to thrive, that have been diagnosed by a physician 
  3.10  and are due to parental neglect; 
  3.11     (11) has engaged in prostitution as defined in section 
  3.12  609.321, subdivision 9; 
  3.13     (12) has committed a delinquent act or a juvenile petty 
  3.14  offense before becoming ten years old; 
  3.15     (13) is a runaway; 
  3.16     (14) is an habitual truant; 
  3.17     (15) has been found incompetent to proceed or has been 
  3.18  found not guilty by reason of mental illness or mental 
  3.19  deficiency in connection with a delinquency proceeding, a 
  3.20  certification under section 260.125, an extended jurisdiction 
  3.21  juvenile prosecution, or a proceeding involving a juvenile petty 
  3.22  offense; 
  3.23     (16) is one whose custodial parent's parental rights to 
  3.24  another child have been involuntarily terminated within the past 
  3.25  five years; or 
  3.26     (17) has been found by the court to have committed domestic 
  3.27  abuse perpetrated by a minor under Laws 1997, chapter 239, 
  3.28  article 10, sections 2 to 26, has been ordered excluded from the 
  3.29  child's parent's home by an order for protection/minor 
  3.30  respondent, and the parent or guardian is either unwilling or 
  3.31  unable to provide an alternative safe living arrangement for the 
  3.32  child; or 
  3.33     (18) has a sibling who has been the subject of a 
  3.34  determination that protective services were needed, and has a 
  3.35  caregiver who has failed to help develop or comply with a 
  3.36  protective services case plan. 
  4.1      Sec. 2.  Minnesota Statutes 1998, section 260.015, 
  4.2   subdivision 28, is amended to read: 
  4.3      Subd. 28.  [CHILD ABUSE.] "Child abuse" means domestic 
  4.4   child abuse as defined in subdivision 24 or an act that involves 
  4.5   a minor victim and that constitutes a violation of section 
  4.6   609.221, 609.222, 609.223, 609.224, 609.2242, 609.322, 609.324, 
  4.7   609.342, 609.343, 609.344, 609.345, 609.377, 609.378, or 617.246.
  4.8      Sec. 3.  Minnesota Statutes 1998, section 260.133, 
  4.9   subdivision 2, is amended to read: 
  4.10     Subd. 2.  [TEMPORARY ORDER.] If it appears from the 
  4.11  notarized petition or by sworn affidavit that there are 
  4.12  reasonable grounds to believe the child is in immediate and 
  4.13  present danger of domestic child abuse, the court may grant an 
  4.14  ex parte temporary order for protection, pending a full 
  4.15  hearing.  The court may grant relief as it deems proper, 
  4.16  including an order:  
  4.17     (1) restraining any party from committing acts of domestic 
  4.18  child abuse; or 
  4.19     (2) excluding the alleged abusing party from the dwelling 
  4.20  which the family or household members share or from the 
  4.21  residence of the child.  
  4.22     However, no order excluding the alleged abusing party from 
  4.23  the dwelling may be issued unless the court finds that:  
  4.24     (1) the order is in the best interests of the child or 
  4.25  children remaining in the dwelling; and 
  4.26     (2) a remaining adult family or household member is able to 
  4.27  care adequately for the child or children in the absence of the 
  4.28  excluded party.  
  4.29     Before the temporary order is issued, the local welfare 
  4.30  agency shall advise the court and the other parties who are 
  4.31  present that appropriate social services will be provided to the 
  4.32  family or household members during the effective period of the 
  4.33  order.  
  4.34     An ex parte temporary order for protection shall be 
  4.35  effective for a fixed period not to exceed 14 days until a 
  4.36  hearing is held on a petition under section 260.131.  Within 
  5.1   five days of the issuance of the temporary order, the petitioner 
  5.2   shall file a petition with the court pursuant to section 
  5.3   260.131, alleging that the child is in need of protection or 
  5.4   services and the court shall give docket priority to the 
  5.5   petition.  The contents of the petition shall consist of the 
  5.6   contents of the affidavit required under subdivision 1. 
  5.7      The court may renew the temporary order for protection one 
  5.8   time for a fixed period not to exceed 14 days if a petition 
  5.9   alleging that the child is in need of protection or services has 
  5.10  been filed with the court and if the court determines, upon 
  5.11  informal review of the case file, that the renewal is 
  5.12  appropriate. 
  5.13     Sec. 4.  Minnesota Statutes 1998, section 260.191, 
  5.14  subdivision 1b, is amended to read: 
  5.15     Subd. 1b.  [DOMESTIC CHILD ABUSE.] If the court finds that 
  5.16  the child is a victim of domestic child abuse, as defined in 
  5.17  section 260.015, subdivision 24, it may order any of the 
  5.18  following dispositions of the case in addition to or as 
  5.19  alternatives to the dispositions authorized under subdivision 1: 
  5.20     (1) restrain any party from committing acts of domestic 
  5.21  child abuse; 
  5.22     (2) exclude the abusing party from the dwelling which the 
  5.23  family or household members share or from the residence of the 
  5.24  child; 
  5.25     (3) on the same basis as is provided in chapter 518, 
  5.26  establish temporary visitation with regard to minor children of 
  5.27  the adult family or household members; 
  5.28     (4) on the same basis as is provided in chapter 518, 
  5.29  establish temporary support or maintenance for a period of 30 
  5.30  days for minor children or a spouse; 
  5.31     (5) provide counseling or other social services for the 
  5.32  family or household members; or 
  5.33     (6) order the abusing party to participate in treatment or 
  5.34  counseling services.  
  5.35     Any relief granted by the order for protection shall be for 
  5.36  a fixed period not to exceed one year.  
  6.1      However, no order excluding the abusing party from the 
  6.2   dwelling may be issued unless the court finds that:  
  6.3      (1) the order is in the best interests of the child or 
  6.4   children remaining in the dwelling; and 
  6.5      (2) a remaining adult family or household member is able to 
  6.6   care adequately for the child or children in the absence of the 
  6.7   excluded party; and 
  6.8      (3) the local welfare agency has developed a plan to 
  6.9   provide appropriate social services to the remaining family or 
  6.10  household members.  
  6.11     When the court has entered a disposition under this 
  6.12  subdivision, it may dismiss the local social services agency 
  6.13  from the proceeding and retain jurisdiction over the child, 
  6.14  family or household members, and abusing party. 
  6.15     Sec. 5.  [626.5551] [ALTERNATIVE RESPONSE PROGRAMS FOR 
  6.16  CHILD PROTECTION ASSESSMENTS OR INVESTIGATIONS.] 
  6.17     Subdivision 1.  [PROGRAMS AUTHORIZED.] (a) A county may 
  6.18  establish a program that uses alternative responses to reports 
  6.19  of child maltreatment under section 626.556, as provided in this 
  6.20  section.  
  6.21     (b) Alternative responses may include a family assessment 
  6.22  and services approach under which the local welfare agency 
  6.23  assesses the risk of abuse and neglect and the service needs of 
  6.24  the family and arranges for appropriate services, diversions, 
  6.25  referral for services, or other response identified in the plan 
  6.26  under subdivision 4. 
  6.27     Subd. 2.  [USE OF ALTERNATIVE RESPONSE OR 
  6.28  INVESTIGATION.] (a) Upon receipt of a report under section 
  6.29  626.556, the local welfare agency in a county that has 
  6.30  established an alternative response program under this section 
  6.31  shall determine whether to conduct an investigation under 
  6.32  section 626.556 or to use an alternative response as appropriate 
  6.33  to prevent or provide a remedy for child maltreatment.  In 
  6.34  developing a family services plan, the local welfare agency 
  6.35  shall broadly address the problems and strengths of the family 
  6.36  in coordination with other systems, rather than focusing solely 
  7.1   on the incidents alleged in a particular report of maltreatment. 
  7.2      (b) The local welfare agency may conduct an investigation 
  7.3   of any report, but shall conduct an investigation of reports 
  7.4   that, if true, would mean that the child has experienced, or is 
  7.5   at risk of experiencing, serious physical injury, sexual abuse, 
  7.6   abandonment, or neglect that substantially endangers the child's 
  7.7   physical or mental health, including growth delays, which may be 
  7.8   referred to as failure to thrive, that have been diagnosed by a 
  7.9   physician and are due to parental neglect, or conduct that would 
  7.10  be a violation of, or an attempt to commit a violation of: 
  7.11     (1) section 609.185, 609.19, or 609.195 (murder in the 
  7.12  first, second, or third degree); 
  7.13     (2) section 609.20 or 609.205 (manslaughter in the first or 
  7.14  second degree); 
  7.15     (3) section 609.221, 609.222, or 609.223 (assault in the 
  7.16  first, second, or third degree); 
  7.17     (4) section 609.322 (solicitation, inducement, and 
  7.18  promotion of prostitution); 
  7.19     (5) sections 609.342 to 609.3451 (criminal sexual conduct); 
  7.20     (6) section 609.352 (solicitation of children to engage in 
  7.21  sexual conduct); 
  7.22     (7) section 609.377 or 609.378 (malicious punishment or 
  7.23  neglect or endangerment of a child); or 
  7.24     (8) section 617.246 (use of minor in sexual performance). 
  7.25     (c) In addition, in all cases the local welfare agency 
  7.26  shall contact the appropriate law enforcement agency as provided 
  7.27  in section 626.556, subdivision 3.  The law enforcement agency 
  7.28  may conduct its own investigation and shall assist the local 
  7.29  welfare agency in its investigation or provide, within a 
  7.30  reasonable time, a written explanation detailing the reasons why 
  7.31  it is unable to assist. 
  7.32     (d) The local welfare agency shall begin an immediate 
  7.33  investigation under section 626.556 if at any time when it is 
  7.34  using an alternative response it determines that an 
  7.35  investigation is required under paragraph (b) or would otherwise 
  7.36  be appropriate.  The local welfare agency may use an alternative 
  8.1   response to a report that was initially referred for an 
  8.2   investigation if the agency determines that a complete 
  8.3   investigation is not required.  In determining that a complete 
  8.4   investigation is not required, the local welfare agency must 
  8.5   document the reason for terminating the investigation and 
  8.6   consult with: 
  8.7      (1) the local law enforcement agency, if the local law 
  8.8   enforcement is involved, and notify the county attorney of the 
  8.9   decision to terminate the investigation; or 
  8.10     (2) the county attorney, if the local law enforcement is 
  8.11  not involved. 
  8.12     Subd. 3.  [DOCUMENTATION.] When a case in which an 
  8.13  alternative response was used is closed, the local welfare 
  8.14  agency shall document the outcome of the approach, including a 
  8.15  description of the response and services provided and the 
  8.16  removal or reduction of risk to the child, if it existed.  This 
  8.17  documentation must be retained for at least four years. 
  8.18     Subd. 4.  [PLAN.] In order to use the alternative response 
  8.19  program authorized under this section, the county must include 
  8.20  the program in the community social service plan required under 
  8.21  section 256E.09 and in the program evaluation under section 
  8.22  256E.10.  The plan must address alternative responses and 
  8.23  services that will be used for the program and protocols for 
  8.24  determining the appropriate response to reports under section 
  8.25  626.556. 
  8.26     Sec. 6.  Minnesota Statutes 1998, section 626.556, 
  8.27  subdivision 2, is amended to read: 
  8.28     Subd. 2.  [DEFINITIONS.] As used in this section, the 
  8.29  following terms have the meanings given them unless the specific 
  8.30  content indicates otherwise: 
  8.31     (a) "Sexual abuse" means the subjection of a child by a 
  8.32  person responsible for the child's care, by a person who has a 
  8.33  significant relationship to the child, as defined in section 
  8.34  609.341, or by a person in a position of authority, as defined 
  8.35  in section 609.341, subdivision 10, to any act which constitutes 
  8.36  a violation of section 609.342, 609.343, 609.344, or 609.345.  
  9.1   Sexual abuse also includes any act which involves a minor which 
  9.2   constitutes a violation of sections 609.321 to 609.324 or 
  9.3   617.246.  Sexual abuse includes threatened sexual abuse.  
  9.4      (b) "Person responsible for the child's care" means (1) an 
  9.5   individual functioning within the family unit and having 
  9.6   responsibilities for the care of the child such as a parent, 
  9.7   guardian, or other person having similar care responsibilities, 
  9.8   or (2) an individual functioning outside the family unit and 
  9.9   having responsibilities for the care of the child such as a 
  9.10  teacher, school administrator, or other lawful custodian of a 
  9.11  child having either full-time or short-term care 
  9.12  responsibilities including, but not limited to, day care, 
  9.13  babysitting whether paid or unpaid, counseling, teaching, and 
  9.14  coaching.  
  9.15     (c) "Neglect" means: 
  9.16     (1) failure by a person responsible for a child's care to 
  9.17  supply a child with necessary food, clothing, shelter or medical 
  9.18  care when reasonably able to do so,; 
  9.19     (2) failure to protect a child from conditions or actions 
  9.20  which imminently and seriously endanger the child's physical or 
  9.21  mental health when reasonably able to do so, or; 
  9.22     (3) failure to provide for necessary supervision or child 
  9.23  care arrangement appropriate for a child after considering 
  9.24  factors as the child's age, mental ability, physical condition, 
  9.25  length of absence, or environment, when the child is unable to 
  9.26  care for the child's own basic needs or safety, or the basic 
  9.27  needs or safety of another child in their care; 
  9.28     (4) failure to take steps to ensure that a child is 
  9.29  educated in accordance with state law.; 
  9.30     (5) nothing in this section shall be construed to mean that 
  9.31  a child is neglected solely because the child's parent, 
  9.32  guardian, or other person responsible for the child's care in 
  9.33  good faith selects and depends upon spiritual means or prayer 
  9.34  for treatment or care of disease or remedial care of the child 
  9.35  in lieu of medical care; except that a parent, guardian, or 
  9.36  caretaker, or a person mandated to report pursuant to 
 10.1   subdivision 3, has a duty to report if a lack of medical care 
 10.2   may cause serious danger to the child's health.  This section 
 10.3   does not impose upon persons, not otherwise legally responsible 
 10.4   for providing a child with necessary food, clothing, shelter, 
 10.5   education, or medical care, a duty to provide that care.; 
 10.6      Neglect includes (6) prenatal exposure to a controlled 
 10.7   substance, as defined in section 253B.02, subdivision 2, used by 
 10.8   the mother for a nonmedical purpose, as evidenced by withdrawal 
 10.9   symptoms in the child at birth, results of a toxicology test 
 10.10  performed on the mother at delivery or the child at birth, or 
 10.11  medical effects or developmental delays during the child's first 
 10.12  year of life that medically indicate prenatal exposure to a 
 10.13  controlled substance.; 
 10.14     Neglect also means (7) "medical neglect" as defined in 
 10.15  section 260.015, subdivision 2a, clause (5).; 
 10.16     (8) that the parent or other person responsible for the 
 10.17  care of the child:  (i) engages in violent behavior that 
 10.18  demonstrates a disregard for the well-being of the child as 
 10.19  indicated by action that could reasonably result in serious 
 10.20  physical, mental, or threatened injury or emotional damage to 
 10.21  the child, or (ii) engages in repeated domestic abuse as defined 
 10.22  as domestic assault and repeat domestic assault under the 
 10.23  criminal code; 
 10.24     (9) chronic and severe use of alcohol or a controlled 
 10.25  substance by a parent or person responsible for the care of the 
 10.26  child that adversely affects the child's basic needs and safety; 
 10.27     (10) the parent or other person responsible for the care of 
 10.28  the child commits domestic assault under section 609.2242 or 
 10.29  609.2243, within sight or sound of the child, or subjects the 
 10.30  child to an ongoing violent environment which is likely to have 
 10.31  a detrimental effect on the well-being of the child; or 
 10.32     (11) emotional harm from a pattern of behavior which 
 10.33  contributes to impaired emotional functioning of the child which 
 10.34  may be demonstrated by a substantial and observable effect in 
 10.35  the child's behavior, emotional response, or cognition that is 
 10.36  not within the normal range for the child's age and stage of 
 11.1   development, with due regard to the child's culture. 
 11.2      (d) "Physical abuse" means any physical or injury, mental 
 11.3   injury, or threatened injury, or repeated infliction of pain, 
 11.4   inflicted by a person responsible for the child's care on a 
 11.5   child other than by accidental means, or any physical or mental 
 11.6   injury that cannot reasonably be explained by the child's 
 11.7   history of injuries, or any aversive and deprivation procedures 
 11.8   that have not been authorized under section 245.825.  Abuse does 
 11.9   not include reasonable and moderate physical discipline of a 
 11.10  child administered by a parent or legal guardian which does not 
 11.11  result in an injury.  Actions which are not reasonable and 
 11.12  moderate include, but are not limited to: 
 11.13     (1) throwing, kicking, burning, biting, or cutting a child; 
 11.14     (2) striking a child with a closed fist; 
 11.15     (3) shaking a child under age three; 
 11.16     (4) striking or other actions which result in any 
 11.17  nonaccidental injury to a child under 18 months of age; 
 11.18     (5) interfering with a child's breathing; 
 11.19     (6) threatening a child with a weapon, as defined in 
 11.20  section 609.02, subdivision 6; 
 11.21     (7) striking a child on the face or head; 
 11.22     (8) purposely giving a child poison, alcohol, or dangerous, 
 11.23  harmful, or controlled substances which were not prescribed for 
 11.24  the child by a practitioner, or other substances that 
 11.25  substantially affect the child's behavior, motor coordination, 
 11.26  or judgment or that result in sickness or internal injury, or 
 11.27  subjects the child to medical procedures that would be 
 11.28  unnecessary if the child were not exposed to the substances; or 
 11.29     (9) unreasonable physical confinement or restraint not 
 11.30  permitted under section 609.379, including but not limited to 
 11.31  tying, caging, or chaining. 
 11.32     (e) "Report" means any report received by the local welfare 
 11.33  agency, police department, or county sheriff pursuant to this 
 11.34  section. 
 11.35     (f) "Facility" means a licensed or unlicensed day care 
 11.36  facility, residential facility, agency, hospital, sanitarium, or 
 12.1   other facility or institution required to be licensed pursuant 
 12.2   to under sections 144.50 to 144.58, 241.021, or 245A.01 to 
 12.3   245A.16., or chapter 245B; or a school as defined in sections 
 12.4   120A.05, subdivisions 9, 11, and 13, 120A.36, and 124D.68; or a 
 12.5   nonlicensed personal care provider organization as defined in 
 12.6   sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.
 12.7      (g) "Operator" means an operator or agency as defined in 
 12.8   section 245A.02.  
 12.9      (h) "Commissioner" means the commissioner of human services.
 12.10     (i) "Assessment" includes authority to interview the child, 
 12.11  the person or persons responsible for the child's care, the 
 12.12  alleged perpetrator, and any other person with knowledge of the 
 12.13  abuse or neglect for the purpose of gathering the facts, 
 12.14  assessing the risk to the child, and formulating a plan.  
 12.15     (j) "Practice of social services," for the purposes of 
 12.16  subdivision 3, includes but is not limited to employee 
 12.17  assistance counseling and the provision of guardian ad litem and 
 12.18  visitation expeditor services.  
 12.19     (k) "Mental injury" means an injury to the psychological 
 12.20  capacity or emotional stability of a child as evidenced by an 
 12.21  observable or substantial impairment in the child's ability to 
 12.22  function within a normal range of performance and behavior with 
 12.23  due regard to the child's culture harm to a child's 
 12.24  psychological or intellectual functioning which now, or in the 
 12.25  future, is likely to be evidenced by serious mental, behavioral, 
 12.26  or personality disorder, including severe anxiety, depression, 
 12.27  withdrawal, severe aggressive behavior, seriously delayed 
 12.28  development, or similarly serious dysfunctional behavior when 
 12.29  caused by a statement, overt act, omission, condition, or status 
 12.30  of the child's caretaker.  
 12.31     (l) "Threatened injury" means a statement, overt act, 
 12.32  condition, or status that represents a substantial risk of 
 12.33  physical or sexual abuse or mental injury. 
 12.34     (m) Persons who conduct assessments or investigations under 
 12.35  this section shall take into account accepted child-rearing 
 12.36  practices of the culture in which a child participates, which 
 13.1   are not injurious to the child's health, welfare, and safety. 
 13.2      Sec. 7.  Minnesota Statutes 1998, section 626.556, 
 13.3   subdivision 3, is amended to read: 
 13.4      Subd. 3.  [PERSONS MANDATED TO REPORT.] (a) A person who 
 13.5   knows or has reason to believe a child is being neglected or 
 13.6   physically or sexually abused, as defined in subdivision 2, or 
 13.7   has been neglected or physically or sexually abused within the 
 13.8   preceding three years, shall immediately report the information 
 13.9   to the local welfare agency, agency responsible for licensing or 
 13.10  supervising the facility, police department, or the county 
 13.11  sheriff if the person is:  
 13.12     (1) a professional or professional's delegate who is 
 13.13  engaged in the practice of the healing arts, social services, 
 13.14  hospital administration, psychological or psychiatric treatment, 
 13.15  child care, education, or law enforcement; or 
 13.16     (2) employed as a member of the clergy and received the 
 13.17  information while engaged in ministerial duties, provided that a 
 13.18  member of the clergy is not required by this subdivision to 
 13.19  report information that is otherwise privileged under section 
 13.20  595.02, subdivision 1, paragraph (c).  
 13.21     The police department or the county sheriff, upon receiving 
 13.22  a report, shall immediately notify the local welfare agency or 
 13.23  agency responsible for licensing or supervising the facility, 
 13.24  orally and in writing.  The local welfare agency, or agency 
 13.25  responsible for licensing or supervising the facility, upon 
 13.26  receiving a report, shall immediately notify the local police 
 13.27  department or the county sheriff orally and in writing.  The 
 13.28  county sheriff and the head of every local welfare agency, 
 13.29  agency responsible for licensing or supervising facilities, and 
 13.30  police department shall each designate a person within their 
 13.31  agency, department, or office who is responsible for ensuring 
 13.32  that the notification duties of this paragraph and paragraph (b) 
 13.33  are carried out.  Nothing in this subdivision shall be construed 
 13.34  to require more than one report from any institution, facility, 
 13.35  school, or agency. 
 13.36     (b) Any person may voluntarily report to the local welfare 
 14.1   agency, agency responsible for licensing or supervising the 
 14.2   facility, police department, or the county sheriff if the person 
 14.3   knows, has reason to believe, or suspects a child is being or 
 14.4   has been neglected or subjected to physical or sexual abuse.  
 14.5   The police department or the county sheriff, upon receiving a 
 14.6   report, shall immediately notify the local welfare agency or 
 14.7   agency responsible for licensing or supervising the facility, 
 14.8   orally and in writing.  The local welfare agency or agency 
 14.9   responsible for licensing or supervising the facility, upon 
 14.10  receiving a report, shall immediately notify the local police 
 14.11  department or the county sheriff orally and in writing. 
 14.12     (c) A person mandated to report physical or sexual child 
 14.13  abuse or neglect occurring within a licensed facility shall 
 14.14  report the information to the agency responsible for 
 14.15  licensing the or supervising: 
 14.16     (i) a facility under sections 144.50 to 144.58, 241.021, 
 14.17  245A.01 to 245A.16, or chapter 245B; 
 14.18     (ii) a school as defined in sections 120A.05, subdivisions 
 14.19  9, 11, and 13, and 124D.68; or 
 14.20     (iii) a nonlicensed personal care provider organization as 
 14.21  defined in sections 256B.04, subdivision 16, and 256B.0625, 
 14.22  subdivision 19a.  A health or corrections agency receiving a 
 14.23  report may request the local welfare agency to provide 
 14.24  assistance pursuant to subdivisions 10, 10a, and 10b. 
 14.25     (d) Any person mandated to report shall receive a summary 
 14.26  of the disposition of any report made by that 
 14.27  reporter, including whether the case has been opened for child 
 14.28  protection or other services, or if a referral has been made to 
 14.29  a community organization, unless release would be detrimental to 
 14.30  the best interests of the child.  Any person who is not mandated 
 14.31  to report shall, upon request to the local welfare agency, 
 14.32  receive a concise summary of the disposition of any report made 
 14.33  by that reporter, unless release would be detrimental to the 
 14.34  best interests of the child. 
 14.35     (e) For purposes of this subdivision, "immediately" means 
 14.36  as soon as possible but in no event longer than 24 hours. 
 15.1      Sec. 8.  Minnesota Statutes 1998, section 626.556, 
 15.2   subdivision 4, is amended to read: 
 15.3      Subd. 4.  [IMMUNITY FROM LIABILITY.] (a) The following 
 15.4   persons are immune from any civil or criminal liability that 
 15.5   otherwise might result from their actions, if they are acting in 
 15.6   good faith: 
 15.7      (1) any person making a voluntary or mandated report under 
 15.8   subdivision 3 or under section 626.5561 or assisting in an 
 15.9   assessment under this section or under section 626.5561; 
 15.10     (2) any person with responsibility for performing duties 
 15.11  under this section or supervisor employed by a local welfare 
 15.12  agency or, the commissioner of an agency responsible for 
 15.13  operating or supervising a licensed or unlicensed day care 
 15.14  facility, residential facility, agency, hospital, sanatorium, or 
 15.15  other facility or institution required to be licensed under 
 15.16  sections 144.50 to 144.58, 241.021, 245A.01 to 245A.16, or 
 15.17  chapter 245B; or a school as defined in sections 120A.05, 
 15.18  subdivisions 9, 11, and 13, 120A.36, and 124D.68; or a 
 15.19  nonlicensed personal care provider organization as defined in 
 15.20  sections 256B.04, subdivision 16, and 256B.0625, subdivision 
 15.21  19a, complying with subdivision 10d; and 
 15.22     (3) any public or private school, facility as defined in 
 15.23  subdivision 2, or the employee of any public or private school 
 15.24  or facility who permits access by a local welfare agency or 
 15.25  local law enforcement agency and assists in an investigation or 
 15.26  assessment pursuant to subdivision 10 or under section 626.5561. 
 15.27     (b) A person who is a supervisor or person with 
 15.28  responsibility for performing duties under this section employed 
 15.29  by a local welfare agency or the commissioner complying with 
 15.30  subdivisions 10 and 11 or section 626.5561 or any related rule 
 15.31  or provision of law is immune from any civil or criminal 
 15.32  liability that might otherwise result from the person's actions, 
 15.33  if the person is (1) acting in good faith and exercising due 
 15.34  care, or (2) acting in good faith and following the information 
 15.35  collection procedures established under subdivision 10, 
 15.36  paragraphs (h), (i), and (j). 
 16.1      (c) This subdivision does not provide immunity to any 
 16.2   person for failure to make a required report or for committing 
 16.3   neglect, physical abuse, or sexual abuse of a child. 
 16.4      (d) If a person who makes a voluntary or mandatory report 
 16.5   under subdivision 3 prevails in a civil action from which the 
 16.6   person has been granted immunity under this subdivision, the 
 16.7   court may award the person attorney fees and costs. 
 16.8      Sec. 9.  Minnesota Statutes 1998, section 626.556, 
 16.9   subdivision 7, is amended to read: 
 16.10     Subd. 7.  [REPORT.] An oral report shall be made 
 16.11  immediately by telephone or otherwise.  An oral report made by a 
 16.12  person required under subdivision 3 to report shall be followed 
 16.13  within 72 hours, exclusive of weekends and holidays, by a report 
 16.14  in writing to the appropriate police department, the county 
 16.15  sheriff or local welfare agency, unless the appropriate agency 
 16.16  has informed the reporter that the oral information does not 
 16.17  constitute a report under subdivision 10.  Any report shall be 
 16.18  of sufficient content to identify the child, any person believed 
 16.19  to be responsible for the abuse or neglect of the child if the 
 16.20  person is known, the nature and extent of the abuse or neglect 
 16.21  and the name and address of the reporter.  If the reporter 
 16.22  requests, the local welfare agency shall inform the reporter 
 16.23  within ten days after the report is made, either orally or in 
 16.24  writing, whether the report was accepted for assessment or 
 16.25  investigation.  Written reports received by a police department 
 16.26  or the county sheriff shall be forwarded immediately to the 
 16.27  local welfare agency.  The police department or the county 
 16.28  sheriff may keep copies of reports received by them.  Copies of 
 16.29  written reports received by a local welfare department shall be 
 16.30  forwarded immediately to the local police department or the 
 16.31  county sheriff. 
 16.32     A written copy of a report maintained by personnel of 
 16.33  agencies, other than welfare or law enforcement agencies, which 
 16.34  are subject to chapter 13 shall be confidential.  An individual 
 16.35  subject of the report may obtain access to the original report 
 16.36  as provided by subdivision 11. 
 17.1      Sec. 10.  Minnesota Statutes 1998, section 626.556, 
 17.2   subdivision 10b, is amended to read: 
 17.3      Subd. 10b.  [DUTIES OF COMMISSIONER; NEGLECT OR ABUSE IN 
 17.4   FACILITY.] (a) The commissioner of the agency responsible for 
 17.5   licensing or supervising the facility shall immediately 
 17.6   investigate if the report alleges that: 
 17.7      (1) a child who is in the care of a facility as defined in 
 17.8   subdivision 2 is neglected, physically abused, or sexually 
 17.9   abused by an individual in that facility, or has been so 
 17.10  neglected or abused by an individual in that facility within the 
 17.11  three years preceding the report; or 
 17.12     (2) a child was neglected, physically abused, or sexually 
 17.13  abused by an individual in a facility defined in subdivision 2, 
 17.14  while in the care of that facility within the three years 
 17.15  preceding the report.  
 17.16     The commissioner of the agency responsible for licensing or 
 17.17  supervising the facility shall arrange for the transmittal to 
 17.18  the commissioner of reports received by local agencies and may 
 17.19  delegate to a local welfare agency the duty to investigate 
 17.20  reports.  In conducting an investigation under this section, the 
 17.21  commissioner has the powers and duties specified for local 
 17.22  welfare agencies under this section.  The commissioner of the 
 17.23  agency responsible for licensing or supervising the facility or 
 17.24  local welfare agency may interview any children who are or have 
 17.25  been in the care of a facility under investigation and their 
 17.26  parents, guardians, or legal custodians. 
 17.27     (b) Prior to any interview, the commissioner of the agency 
 17.28  responsible for licensing or supervising the facility or local 
 17.29  welfare agency shall notify the parent, guardian, or legal 
 17.30  custodian of a child who will be interviewed in the manner 
 17.31  provided for in subdivision 10d, paragraph (a).  If reasonable 
 17.32  efforts to reach the parent, guardian, or legal custodian of a 
 17.33  child in an out-of-home placement have failed, the child may be 
 17.34  interviewed if there is reason to believe the interview is 
 17.35  necessary to protect the child or other children in the 
 17.36  facility.  The commissioner of the agency responsible for 
 18.1   licensing or supervising the facility or local agency must 
 18.2   provide the information required in this subdivision to the 
 18.3   parent, guardian, or legal custodian of a child interviewed 
 18.4   without parental notification as soon as possible after the 
 18.5   interview.  When the investigation is completed, any parent, 
 18.6   guardian, or legal custodian notified under this subdivision 
 18.7   shall receive the written memorandum provided for in subdivision 
 18.8   10d, paragraph (c). 
 18.9      (c) In conducting investigations under this subdivision the 
 18.10  commissioner or local welfare agency shall obtain access to 
 18.11  information consistent with subdivision 10, paragraphs (h), (i), 
 18.12  and (j). 
 18.13     (d) Except for foster care and family child care, the 
 18.14  commissioner of the agency responsible for licensing or 
 18.15  supervising the facility has the primary responsibility for the 
 18.16  investigations and notifications required under subdivisions 10d 
 18.17  and 10f for reports that allege maltreatment related to the care 
 18.18  provided by or in facilities licensed by the commissioner.  The 
 18.19  commissioner of the agency responsible for licensing or 
 18.20  supervising the facility may request assistance from the local 
 18.21  social service agency. 
 18.22     Sec. 11.  Minnesota Statutes 1998, section 626.556, 
 18.23  subdivision 10d, is amended to read: 
 18.24     Subd. 10d.  [NOTIFICATION OF NEGLECT OR ABUSE IN FACILITY.] 
 18.25  (a) When a report is received that alleges neglect, physical 
 18.26  abuse, or sexual abuse of a child while in the care of a 
 18.27  facility required to be licensed pursuant to chapter 245A, 
 18.28  licensed or unlicensed day care facility, residential facility, 
 18.29  agency, hospital, sanatorium, or other facility or institution 
 18.30  required to be licensed pursuant to sections 144.50 to 144.58, 
 18.31  241.021, 245A.01 to 245A.16, or chapter 245B; or a school as 
 18.32  defined in sections 120A.05, subdivisions 9, 11, and 13, 
 18.33  120A.36, and 124D.68; or a nonlicensed personal care provider 
 18.34  organization as defined in sections 256B.04, subdivision 16, and 
 18.35  256B.0625, subdivision 19a, the commissioner of the agency 
 18.36  responsible for licensing or supervising the facility or local 
 19.1   welfare agency investigating the report shall provide the 
 19.2   following information to the parent, guardian, or legal 
 19.3   custodian of a child alleged to have been neglected, physically 
 19.4   abused, or sexually abused:  the name of the facility; the fact 
 19.5   that a report alleging neglect, physical abuse, or sexual abuse 
 19.6   of a child in the facility has been received; the nature of the 
 19.7   alleged neglect, physical abuse, or sexual abuse; that the 
 19.8   agency is conducting an investigation; any protective or 
 19.9   corrective measures being taken pending the outcome of the 
 19.10  investigation; and that a written memorandum will be provided 
 19.11  when the investigation is completed. 
 19.12     (b) The commissioner of the agency responsible for 
 19.13  licensing or supervising the facility or local welfare agency 
 19.14  may also provide the information in paragraph (a) to the parent, 
 19.15  guardian, or legal custodian of any other child in the facility 
 19.16  if the investigative agency knows or has reason to believe the 
 19.17  alleged neglect, physical abuse, or sexual abuse has occurred. 
 19.18  In determining whether to exercise this authority, the 
 19.19  commissioner of the agency responsible for licensing or 
 19.20  supervising the facility or local welfare agency shall consider 
 19.21  the seriousness of the alleged neglect, physical abuse, or 
 19.22  sexual abuse; the number of children allegedly neglected, 
 19.23  physically abused, or sexually abused; the number of alleged 
 19.24  perpetrators; and the length of the investigation.  The facility 
 19.25  shall be notified whenever this discretion is exercised. 
 19.26     (c) When the commissioner of the agency responsible for 
 19.27  licensing or supervising the facility or local welfare agency 
 19.28  has completed its investigation, every parent, guardian, or 
 19.29  legal custodian notified of the investigation by the 
 19.30  commissioner or local welfare agency shall be provided with the 
 19.31  following information in a written memorandum:  the name of the 
 19.32  facility investigated; the nature of the alleged neglect, 
 19.33  physical abuse, or sexual abuse; the investigator's name; a 
 19.34  summary of the investigation findings; a statement whether 
 19.35  maltreatment was found; and the protective or corrective 
 19.36  measures that are being or will be taken.  The memorandum shall 
 20.1   be written in a manner that protects the identity of the 
 20.2   reporter and the child and shall not contain the name, or to the 
 20.3   extent possible, reveal the identity of the alleged perpetrator 
 20.4   or of those interviewed during the investigation.  The 
 20.5   commissioner or local welfare agency shall also provide the 
 20.6   written memorandum to the parent, guardian, or legal custodian 
 20.7   of each child in the facility if maltreatment is determined to 
 20.8   exist. 
 20.9      Sec. 12.  Minnesota Statutes 1998, section 626.556, 
 20.10  subdivision 10e, is amended to read: 
 20.11     Subd. 10e.  [DETERMINATIONS.] Upon the conclusion of every 
 20.12  assessment or investigation it conducts, the local welfare 
 20.13  agency shall make two determinations within 60 days after a 
 20.14  report is received:  first, whether maltreatment has occurred; 
 20.15  and second, whether child protective services are needed.  When 
 20.16  maltreatment is determined in an investigation involving a 
 20.17  facility, the investigating agency shall also determine whether 
 20.18  the facility or individual was responsible for the maltreatment 
 20.19  using the mitigating factors in paragraph (d).  Determinations 
 20.20  under this subdivision must be made based on a preponderance of 
 20.21  the evidence. 
 20.22     (a) For the purposes of this subdivision, "maltreatment" 
 20.23  means any of the following acts or omissions committed by a 
 20.24  person responsible for the child's care: 
 20.25     (1) physical abuse as defined in subdivision 2, paragraph 
 20.26  (d); 
 20.27     (2) neglect as defined in subdivision 2, paragraph (c); 
 20.28     (3) sexual abuse as defined in subdivision 2, paragraph 
 20.29  (a); or 
 20.30     (4) mental injury as defined in subdivision 2, paragraph 
 20.31  (k). 
 20.32     (b) For the purposes of this subdivision, a determination 
 20.33  that child protective services are needed means that the local 
 20.34  welfare agency has documented conditions during the assessment 
 20.35  or investigation sufficient to cause a child protection worker, 
 20.36  as defined in section 626.559, subdivision 1, to conclude that a 
 21.1   child is at significant risk of maltreatment if protective 
 21.2   intervention is not provided and that the individuals 
 21.3   responsible for the child's care have not taken or are not 
 21.4   likely to take actions to protect the child from maltreatment or 
 21.5   risk of maltreatment. 
 21.6      (c) This subdivision does not mean that maltreatment has 
 21.7   occurred solely because the child's parent, guardian, or other 
 21.8   person responsible for the child's care in good faith selects 
 21.9   and depends upon spiritual means or prayer for treatment or care 
 21.10  of disease or remedial care of the child, in lieu of medical 
 21.11  care.  However, if lack of medical care may result in serious 
 21.12  danger to the child's health, the local welfare agency may 
 21.13  ensure that necessary medical services are provided to the child.
 21.14     (d) This subdivision does not require a determination of 
 21.15  maltreatment if neglect is due solely to poverty, but 
 21.16  appropriate services shall be provided. 
 21.17     (e) When determining whether the facility or individual is 
 21.18  the responsible party for determined maltreatment in a facility, 
 21.19  the investigating agency shall consider at least the following 
 21.20  mitigating factors: 
 21.21     (1) whether the actions of the facility or the individual 
 21.22  caregivers were according to, and followed the terms of, an 
 21.23  erroneous physician order, prescription, individual care plan, 
 21.24  or directive; however, this is not a mitigating factor when the 
 21.25  facility or caregiver was responsible for the issuance of the 
 21.26  erroneous order, prescription, individual care plan, or 
 21.27  directive or knew or should have known of the errors and took no 
 21.28  reasonable measures to correct the defect before administering 
 21.29  care; 
 21.30     (2) comparative responsibility between the facility, other 
 21.31  caregivers, and requirements placed upon an employee, including 
 21.32  the facility's compliance with related regulatory standards and 
 21.33  the adequacy of facility policies and procedures, facility 
 21.34  training, an individual's participation in the training, the 
 21.35  caregiver's supervision, and facility staffing levels and the 
 21.36  scope of the individual employee's authority and discretion; and 
 22.1      (3) whether the facility or individual followed 
 22.2   professional standards in exercising professional judgment. 
 22.3      (e) The commissioner shall work with the maltreatment of 
 22.4   minors advisory committee established under Laws 1997, chapter 
 22.5   203, to make recommendations to further specify the kinds of 
 22.6   acts or omissions that constitute physical abuse, neglect, 
 22.7   sexual abuse, or mental injury.  The commissioner shall submit 
 22.8   the recommendation and any legislation needed by January 15, 
 22.9   1999.  Individual counties may implement more detailed 
 22.10  definitions or criteria that indicate which allegations to 
 22.11  investigate, as long as a county's policies are consistent with 
 22.12  the definitions in the statutes and rules and are approved by 
 22.13  the county board.  Each local welfare agency shall periodically 
 22.14  inform mandated reporters under subdivision 3 who work in the 
 22.15  county of the definitions of maltreatment in the statutes and 
 22.16  rules and any additional definitions or criteria that have been 
 22.17  approved by the county board. 
 22.18     Sec. 13.  Minnesota Statutes 1998, section 626.556, 
 22.19  subdivision 10f, is amended to read: 
 22.20     Subd. 10f.  [NOTICE OF DETERMINATIONS.] Within ten working 
 22.21  days of the conclusion of an assessment, the local welfare 
 22.22  agency or agency responsible for licensing or supervising the 
 22.23  facility shall notify the parent or guardian of the child, the 
 22.24  person determined to be maltreating the child, and if 
 22.25  applicable, the director of the facility, of the determination 
 22.26  and a summary of the specific reasons for the determination.  
 22.27  The notice must also include a certification that the 
 22.28  information collection procedures under subdivision 10, 
 22.29  paragraphs (h), (i), and (j), were followed and a notice of the 
 22.30  right of a data subject to obtain access to other private data 
 22.31  on the subject collected, created, or maintained under this 
 22.32  section.  In addition, the notice shall include the length of 
 22.33  time that the records will be kept under subdivision 11c.  The 
 22.34  investigating agency shall notify the parent or guardian of the 
 22.35  child who is the subject of the report, and any person or 
 22.36  facility determined to have maltreated a child, of their appeal 
 23.1   rights under this section. 
 23.2      Sec. 14.  Minnesota Statutes 1998, section 626.556, 
 23.3   subdivision 10j, is amended to read: 
 23.4      Subd. 10j.  [RELEASE OF DATA TO MANDATED REPORTERS.] A 
 23.5   local social service or child protection agency may provide 
 23.6   relevant private data on individuals obtained under this section 
 23.7   to mandated reporters who have an ongoing responsibility for the 
 23.8   health, education, or welfare of a child affected by the data, 
 23.9   in the best interests of the child.  The commissioner shall 
 23.10  consult with the maltreatment of minors advisory committee to 
 23.11  develop criteria for determining which records may be shared 
 23.12  with mandated reporters under this subdivision.  Mandated 
 23.13  reporters with ongoing responsibility for the health, education, 
 23.14  or welfare of a child affected by the data include the child's 
 23.15  teachers or other appropriate school personnel, foster parents, 
 23.16  health care providers, respite care workers, therapists, social 
 23.17  workers, child care providers, residential care staff, crisis 
 23.18  nursery staff, probation officers, and court services 
 23.19  personnel.  Under this section, a mandated reporter need not 
 23.20  have made the report to be considered a person with ongoing 
 23.21  responsibility for the health, education, or welfare of a child 
 23.22  affected by the data. 
 23.23     Sec. 15.  Minnesota Statutes 1998, section 626.556, is 
 23.24  amended by adding a subdivision to read: 
 23.25     Subd. 10l.  [APPEAL BY CHILD.] A child age 12 or older, or 
 23.26  a relative or mandatory reporter acting on behalf of such a 
 23.27  child, may request the investigating agency to reconsider a 
 23.28  final determination that maltreatment has occurred but no 
 23.29  services are needed.  The request must be submitted in writing 
 23.30  to the investigating agency within 15 calendar days after 
 23.31  receipt of the final determination regarding maltreatment.  If 
 23.32  the investigating agency denies the request or fails to act upon 
 23.33  it within 15 calendar days after receiving the request for 
 23.34  reconsideration, the child or individual acting on the child's 
 23.35  behalf may submit to the commissioner of human services a 
 23.36  written request for a hearing under section 256.045. 
 24.1      Sec. 16.  Minnesota Statutes 1998, section 626.556, 
 24.2   subdivision 11, is amended to read: 
 24.3      Subd. 11.  [RECORDS.] (a) Except as provided in paragraph 
 24.4   (b) and subdivisions 10b, 10d, 10g, and 11b, all records 
 24.5   concerning individuals maintained by a local welfare agency or 
 24.6   agency responsible for licensing or supervising the facility 
 24.7   under this section, including any written reports filed under 
 24.8   subdivision 7, shall be private data on individuals, except 
 24.9   insofar as copies of reports are required by subdivision 7 to be 
 24.10  sent to the local police department or the county sheriff.  
 24.11  Reports maintained by any police department or the county 
 24.12  sheriff shall be private data on individuals except the reports 
 24.13  shall be made available to the investigating, petitioning, or 
 24.14  prosecuting authority, including county medical examiners or 
 24.15  county coroners.  Section 13.82, subdivisions 5, 5a, and 5b, 
 24.16  apply to law enforcement data other than the reports.  The local 
 24.17  social services agency or agency responsible for licensing or 
 24.18  supervising the facility shall make available to the 
 24.19  investigating, petitioning, or prosecuting authority, including 
 24.20  county medical examiners or county coroners or their 
 24.21  professional delegates, any records which contain information 
 24.22  relating to a specific incident of neglect or abuse which is 
 24.23  under investigation, petition, or prosecution and information 
 24.24  relating to any prior incidents of neglect or abuse involving 
 24.25  any of the same persons.  The records shall be collected and 
 24.26  maintained in accordance with the provisions of chapter 13.  In 
 24.27  conducting investigations and assessments pursuant to this 
 24.28  section, the notice required by section 13.04, subdivision 2, 
 24.29  need not be provided to a minor under the age of ten who is the 
 24.30  alleged victim of abuse or neglect.  An individual subject of a 
 24.31  record shall have access to the record in accordance with those 
 24.32  sections, except that the name of the reporter shall be 
 24.33  confidential while the report is under assessment or 
 24.34  investigation except as otherwise permitted by this 
 24.35  subdivision.  Any person conducting an investigation or 
 24.36  assessment under this section who intentionally discloses the 
 25.1   identity of a reporter prior to the completion of the 
 25.2   investigation or assessment is guilty of a misdemeanor.  After 
 25.3   the assessment or investigation is completed, the name of the 
 25.4   reporter shall be confidential.  The subject of the report may 
 25.5   compel disclosure of the name of the reporter only with the 
 25.6   consent of the reporter or upon a written finding by the court 
 25.7   that the report was false and that there is evidence that the 
 25.8   report was made in bad faith.  This subdivision does not alter 
 25.9   disclosure responsibilities or obligations under the rules of 
 25.10  criminal procedure. 
 25.11     (b) Upon request of the legislative auditor, data on 
 25.12  individuals maintained under this section must be released to 
 25.13  the legislative auditor in order for the auditor to fulfill the 
 25.14  auditor's duties under section 3.971.  The auditor shall 
 25.15  maintain the data in accordance with chapter 13. 
 25.16     Sec. 17.  Minnesota Statutes 1998, section 626.556, 
 25.17  subdivision 11b, is amended to read: 
 25.18     Subd. 11b.  [DATA RECEIVED FROM LAW ENFORCEMENT.] Active 
 25.19  law enforcement investigative data received by a local welfare 
 25.20  agency or agency responsible for licensing or supervising the 
 25.21  facility under this section are confidential data on 
 25.22  individuals.  When this data become inactive in the law 
 25.23  enforcement agency, the data are private data on individuals. 
 25.24     Sec. 18.  Minnesota Statutes 1998, section 626.556, 
 25.25  subdivision 11c, is amended to read: 
 25.26     Subd. 11c.  [WELFARE, COURT SERVICES AGENCY, AND SCHOOL 
 25.27  RECORDS MAINTAINED.] Notwithstanding sections 138.163 and 
 25.28  138.17, records maintained or records derived from reports of 
 25.29  abuse by local welfare agencies, agencies responsible for 
 25.30  licensing or supervising facilities, court services agencies, or 
 25.31  schools under this section shall be destroyed as provided in 
 25.32  paragraphs (a) to (d) by the responsible authority. 
 25.33     (a) If upon assessment or investigation there is no 
 25.34  determination of maltreatment or the need for child protective 
 25.35  services, the records must be maintained for a period of four 
 25.36  years.  Records under this paragraph may not be used for 
 26.1   employment, background checks, or purposes other than to assist 
 26.2   in future risk and safety assessments. 
 26.3      (b) All records relating to reports which, upon assessment 
 26.4   or investigation, indicate either maltreatment or a need for 
 26.5   child protective services shall be maintained for at least ten 
 26.6   years after the date of the final entry in the case record. 
 26.7      (c) All records regarding a report of maltreatment, 
 26.8   including any notification of intent to interview which was 
 26.9   received by a school under subdivision 10, paragraph (d), shall 
 26.10  be destroyed by the school when ordered to do so by the agency 
 26.11  conducting the assessment or investigation.  The agency shall 
 26.12  order the destruction of the notification when other records 
 26.13  relating to the report under investigation or assessment are 
 26.14  destroyed under this subdivision. 
 26.15     (d) Private or confidential data released to a court 
 26.16  services agency under subdivision 10h must be destroyed by the 
 26.17  court services agency when ordered to do so by the local welfare 
 26.18  agency that released the data.  The local welfare agency or 
 26.19  agency responsible for licensing or supervising the facility 
 26.20  shall order destruction of the data when other records relating 
 26.21  to the assessment or investigation are destroyed under this 
 26.22  subdivision. 
 26.23     Sec. 19.  Minnesota Statutes 1998, section 626.558, 
 26.24  subdivision 2, is amended to read: 
 26.25     Subd. 2.  [DUTIES OF TEAM.] A multidisciplinary child 
 26.26  protection team may provide public and professional education, 
 26.27  develop resources for prevention, intervention, and treatment, 
 26.28  and provide case consultation to the local welfare agency or 
 26.29  other interested community-based agencies.  The community-based 
 26.30  agencies may request case consultation from the 
 26.31  multidisciplinary child protection team regarding a child or 
 26.32  family for whom the community-based agency is providing 
 26.33  services.  A multidisciplinary child protection team may review 
 26.34  on its own initiative cases in which a local welfare agency has 
 26.35  made a determination of maltreatment but no services needed.  As 
 26.36  used in this section, "case consultation" means a case review 
 27.1   process in which recommendations are made concerning services to 
 27.2   be provided to the identified children and family.  Case 
 27.3   consultation may be performed by a committee or subcommittee of 
 27.4   members representing human services, including mental health and 
 27.5   chemical dependency; law enforcement, including probation and 
 27.6   parole; the county attorney; health care; education; 
 27.7   community-based agencies and other necessary agencies; and 
 27.8   persons directly involved in an individual case as designated by 
 27.9   other members performing case consultation. 
 27.10     Sec. 20.  [CHILD PROTECTION SCREENING CRITERIA.] 
 27.11     The commissioner of human services shall establish a task 
 27.12  force of county and state officials to: 
 27.13     (1) identify screening criteria to assist local social 
 27.14  services agencies in deciding whether an initial report of 
 27.15  suspected child maltreatment should be screened for a response 
 27.16  or screened out; 
 27.17     (2) articulate criteria for offering and providing services 
 27.18  and criteria for opening and closing cases in counties that use 
 27.19  alternative response programs under Minnesota Statutes, section 
 27.20  626.5551; and 
 27.21     (3) assess criteria for opening cases for services and 
 27.22  closing cases in order to develop recommendations for 
 27.23  improvement. 
 27.24     The task force must report its conclusions to the 
 27.25  commissioner by February 1, 2000.  The written criteria shall be 
 27.26  placed in the counties' community social services act plans.