HF 4911

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/13/2024 12:17pm

A bill for an act
relating to child protection; modifying child welfare responses for educational
neglect; appropriating money; amending Minnesota Statutes 2023 Supplement,
section 260E.17, subdivision 1.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 260E.17, subdivision 1, is amended
to read:

Subdivision 1.

Local welfare agency.

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

(b) The local welfare agency shall conduct an investigation when the report involves
sexual abuse, except as indicated in paragraph (f), or substantial child endangerment.

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

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

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

(f) The local welfare agency shall conduct a noncaregiver sex trafficking assessment
when a maltreatment report alleges sex trafficking of a child and the alleged offender is a
noncaregiver sex trafficker as defined by section 260E.03, subdivision 15a.

(g) During a noncaregiver sex trafficking assessment, the local welfare agency shall
initiate an immediate investigation if there is reason to believe that a child's parent, caregiver,
or household member allegedly engaged in the act of sex trafficking a child or was alleged
to have engaged in any conduct requiring the agency to conduct an investigation.

new text begin (h) The local welfare agency may provide a discretionary child welfare response for a
report that alleges failure to ensure that a child is educated as defined in section 260E.03,
subdivision 15, paragraph (a), clause (4). When providing a discretionary child welfare
response under this paragraph, the local welfare agency must offer services to the child and
the child's family to address school attendance concerns and may partner with a county
attorney's office, a community-based organization, or other community partner to provide
the services. The services must be culturally and linguistically appropriate and tailored to
the needs of the child and the child's family.
new text end

new text begin (i) If a child's family refuses to engage with the services provided under paragraph (h)
after the local welfare agency, county attorney, community-based organization, or community
partner made multiple varied attempts to engage the child's family, the local welfare agency
may conduct a family assessment under paragraph (d).
new text end

Sec. 2. new text begin APPROPRIATION; DISCRETIONARY CHILD WELFARE RESPONSE
GRANTS.
new text end

new text begin $....... in fiscal year 2024 is appropriated from the general fund to the commissioner of
human services for grants to fund discretionary child welfare response efforts under
Minnesota Statutes, section 260E.17, subdivision 1, paragraph (h). The commissioner must
make grants to local welfare agencies for the purpose of improving school attendance after
receiving a report that alleges failure to ensure that a child is educated as defined in Minnesota
Statutes, section 260E.03, subdivision 15, paragraph (a), clause (4). This is a onetime
appropriation and grant money is available until June 30, 2025.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end