HF 3157

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 04/21/2010 04:33pm

A bill for an act
relating to children; modifying parent notification of child maltreatment in a
school facility; amending Minnesota Statutes 2008, section 626.556, subdivisions
7, 10d.

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

Section 1.

Minnesota Statutes 2008, section 626.556, subdivision 7, is amended to read:

Subd. 7.

Report.

new text begin (a) new text end An oral report shall be made immediately by telephone or
otherwise. An oral report made by a person required under subdivision 3 to report shall be
followed within 72 hours, exclusive of weekends and holidays, by a report in writing to
the appropriate police department, the county sheriff, the agency responsible for assessing
or investigating the report, or the local welfare agency, unless the appropriate agency
has informed the reporter that the oral information does not constitute a report under
subdivision 10. The local welfare agency shall determine if the report is accepted for an
assessment or investigation as soon as possible but in no event longer than 24 hours
after the report is received. Any report shall be of sufficient content to identify the child,
any person believed to be responsible for the abuse or neglect of the child if the person
is known, the nature and extent of the abuse or neglect and the name and address of the
reporter. If requested, the local welfare agency or the agency responsible for assessing or
investigating the report shall inform the reporter within ten days after the report is made,
either orally or in writing, whether the report was accepted for assessment or investigation.
Written reports received by a police department or the county sheriff shall be forwarded
immediately to the local welfare agency or the agency responsible for assessing or
investigating the report. The police department or the county sheriff may keep copies of
reports received by them. Copies of written reports received by a local welfare department
or the agency responsible for assessing or investigating the report shall be forwarded
immediately to the local police department or the county sheriff.

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

new text begin (c) new text end A written copy of a report maintained by personnel of agencies, other than
welfare or law enforcement agencies, which are subject to chapter 13 shall be confidential.
An individual subject of the report may obtain access to the original report as provided
by subdivision 11.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010.
new text end

Sec. 2.

Minnesota Statutes 2008, section 626.556, subdivision 10d, is amended to read:

Subd. 10d.

Notification of neglect or abuse in facility.

(a) When a report is
received that alleges neglect, physical abuse, sexual abuse, or maltreatment of a child
while in the care of a licensed or unlicensed day care facility, residential facility, agency,
hospital, sanitarium, or other facility or institution required to be licensed according to
sections 144.50 to 144.58; 241.021; or 245A.01 to 245A.16; or chapter 245B, or a school
as defined in sections 120A.05, subdivisions 9, 11, and 13; and 124D.10; or a nonlicensed
personal care provider organization as defined in section 256B.04, subdivision 16, and
256B.0625, subdivision 19a, the commissioner of the agency responsible for assessing
or investigating the report or local welfare agency investigating the report shall provide
the following information to the parent, guardian, or legal custodian of a child alleged to
have been neglected, physically abused, sexually abused, or the victim of maltreatment
of a child in the facility: the name of the facility; the fact that a report alleging neglect,
physical abuse, sexual abuse, or maltreatment of a child in the facility has been received;
the nature of the alleged neglect, physical abuse, sexual abuse, or maltreatment of a child
in the facility; that the agency is conducting an assessment or investigation; any protective
or corrective measures being taken pending the outcome of the investigation; and that a
written memorandum will be provided when the investigation is completed.

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

(c) When the commissioner of the agency responsible for assessing or investigating
the report or local welfare agency has completed its investigation, every parent, guardian,
or legal custodian previously notified of the investigation by the commissioner or
local welfare agency shall be provided with the following information in a written
memorandum: the name of the facility investigated; the nature of the alleged neglect,
physical abuse, sexual abuse, or maltreatment of a child in the facility; the investigator's
name; a summary of the investigation findings; a statement whether maltreatment was
found; and the protective or corrective measures that are being or will be taken. The
memorandum shall be written in a manner that protects the identity of the reporter and
the child and shall not contain the name, or to the extent possible, reveal the identity of
the alleged perpetrator or of those interviewed during the investigation. If maltreatment
is determined to exist, the commissioner or local welfare agency shall also provide the
written memorandum to the parent, guardian, or legal custodian of each child in the facility
who had contact with the individual responsible for the maltreatment. When the facility is
the responsible party for maltreatment, the commissioner or local welfare agency shall also
provide the written memorandum to the parent, guardian, or legal custodian of each child
who received services in the population of the facility where the maltreatment occurred.
This notification must be provided to the parent, guardian, or legal custodian of each child
receiving services from the time the maltreatment occurred until either the individual
responsible for maltreatment is no longer in contact with a child or children in the facility
or the conclusion of the investigation. In the case of maltreatment within a school facility,
as defined in sections 120A.05, subdivisions 9, 11, and 13, and 124D.10, the commissioner
of education need not provide notification to parents, guardians, or legal custodians of each
child in the facility, but deleted text begin may deleted text end new text begin shall, within ten days after the investigation is completed, new text end
provide new text begin written new text end notification to the parent, guardian, or legal custodian of any student
alleged to have been maltreated deleted text begin or deleted text end new text begin . The commissioner of education may notify the parent,
guardian, or legal custodian of any student new text end involved as a witness to alleged maltreatment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010.
new text end