Minnesota Legislature
HF 3914
1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 03/23/2006 | |
| 1st Engrossment | Posted on 04/04/2006 |
Current Version - 1st Engrossment
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A bill for an act
relating to child protection; clarifying investigative and reporting responsibilities
under the child maltreatment reporting act; amending Minnesota Statutes 2004,
section 626.556, subdivisions 3b, 3c; Minnesota Statutes 2005 Supplement,
section 626.556, subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2005 Supplement, section 626.556, subdivision 3,
is amended to read:
Subd. 3.
Persons mandated to report.
(a) new text begin Subject to paragraph (c), new text end a person who
knows or has reason to believe a child is being neglected or physically or sexually abused,
as defined in subdivision 2, or has been neglected or physically or sexually abused within
the preceding three years, shall immediately report the information to the local welfare
agency, agency responsible for assessing or investigating the report, police department, or
the county sheriff if the person is:
(1) a professional or professional's delegate who is engaged in the practice of
the healing arts, social services, hospital administration, psychological or psychiatric
treatment, child care, education, correctional supervision, probation and correctional
services, or law enforcement; or
(2) employed as a member of the clergy and received the information while
engaged in ministerial duties, provided that a member of the clergy is not required by
this subdivision to report information that is otherwise privileged under section 595.02,
subdivision 1, paragraph (c).
The police department or the county sheriff, upon receiving a report, shall
immediately notify the local welfare agency or agency responsible for assessing or
investigating the report, orally and in writing. The local welfare agency, or agency
responsible for assessing or investigating the report, upon receiving a report, shall
immediately notify the local police department or the county sheriff orally and in writing.
The county sheriff and the head of every local welfare agency, agency responsible for
assessing or investigating reports, and police department shall each designate a person
within their agency, department, or office who is responsible for ensuring that the
notification duties of this paragraph and paragraph (b) are carried out. Nothing in this
subdivision shall be construed to require more than one report from any institution, facility,
school, or agency.new text begin If the agency receiving a report determines that it is not responsible for
assessing or investigating the report, the agency shall immediately notify the agency it
determines is responsible for assessing or investigating the report under this section.
new text end
(b) Any person may voluntarily report to the local welfare agency, agency
responsible for assessing or investigating the report, police department, or the county
sheriff if the person knows, has reason to believe, or suspects a child is being or has been
neglected or subjected to physical or sexual abuse. The police department or the county
sheriff, upon receiving a report, shall immediately notify the local welfare agency or
agency responsible for assessing or investigating the report, orally and in writing. The
local welfare agency or agency responsible for assessing or investigating the report, upon
receiving a report, shall immediately notify the local police department or the county
sheriff orally and in writing.
(c) A person mandated to report physical or sexual child abuse or neglect occurring
within a deleted text begin licenseddeleted text end facility new text begin or a school under subdivision 3bnew text end shall report the information
to the agency responsible for licensing the facility under sections 144.50 to 144.58;
241.021; 245A.01 to 245A.16; or chapter 245Bdeleted text begin ; or a nonlicensed personal care provider
organization as defined in sections 256B.04, subdivision 16; and 256B.0625, subdivision
19deleted text end new text begin or to the agency responsible for assessing or investigating the report, if the facility is
not licensednew text end . A health or corrections agency receiving a report may request the local
welfare agency to provide assistance pursuant to subdivisions 10, 10a, and 10b. A board
or other entity whose licensees perform work within a school facility, upon receiving a
complaint of alleged maltreatment, shall provide information about the circumstances of
the alleged maltreatment to the commissioner of education. Section 13.03, subdivision 4,
applies to data received by the commissioner of education from a licensing entity.
(d) Any person mandated to report shall receive a summary of the disposition of
any report made by that reporter, including whether the case has been opened for child
protection or other services, or if a referral has been made to a community organization,
unless release would be detrimental to the best interests of the child. Any person who is
not mandated to report shall, upon request to the local welfare agency, receive a concise
summary of the disposition of any report made by that reporter, unless release would be
detrimental to the best interests of the child.
(e) For purposes of this subdivision, "immediately" means as soon as possible but in
no event longer than 24 hours.
Sec. 2.
Minnesota Statutes 2004, section 626.556, subdivision 3b, is amended to read:
Subd. 3b.
deleted text begin Agencydeleted text end new text begin Department of Education new text end responsible for assessing or
investigating reports of maltreatment.
The Department of Education is the agency
responsible for assessing or investigating allegations of child maltreatment in schools
as defined in sections deleted text begin 120A.05, subdivisions 9, 11, and 13;deleted text end new text begin 120A.05, subdivisions 9,
11, 13, and 17,new text end and 124D.10new text begin , unless the alleged maltreatment occurred in a program or
facility licensed by the commissioner of human services. "School" includes a school-age
care program, Head Start program, early childhood family education program, school
district-administered day treatment facility, or other program licensed or administered
by the education commissioner that provides services for minors and is located in or
operated by a schoolnew text end .
Sec. 3.
Minnesota Statutes 2004, section 626.556, subdivision 3c, is amended to read:
Subd. 3c.
deleted text begin Agencydeleted text end new text begin Local welfare agency, Department of Human Services
or Department of Health new text end responsible for assessing or investigating reports of
maltreatment.
deleted text begin
The following agencies are the administrative agencies responsible for
assessing or investigating reports of alleged child maltreatment in facilities made under
this section:
deleted text end
deleted text begin (1)deleted text end new text begin (a) new text end The county local welfare agency is the agency responsible for assessing or
investigatingnew text begin :
new text end
new text begin (1)new text end allegations of maltreatment in child foster care, family child care, and legally
unlicensed child care and in juvenile correctional facilities licensed under section 241.021
located in the local welfare agency's county;new text begin and
new text end
new text begin (2) other allegations of maltreatment that are not the responsibility of another agency
under this subdivision or subdivision 3b.new text end
deleted text begin (2)deleted text end new text begin (b) new text end The Department of Human Services is the agency responsible for assessing
or investigating allegations of maltreatment in facilities licensed under chapters 245A and
245B, except for child foster care and family child caredeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin (3)deleted text end new text begin (c) new text end The Department of Health is the agency responsible for assessing or
investigating allegations of child maltreatment in facilities licensed under sections 144.50
to 144.58, and in unlicensed home health care.