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SF 79

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/26/2021 09:16am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to children; requiring parental notice of and permitting parental participation
in maltreatment determination reconsideration and human services licensing
sanction appeal hearings; amending Minnesota Statutes 2020, sections 245A.07,
by adding a subdivision; 245A.08, by adding a subdivision; 260E.33, by adding
subdivisions.

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

Section 1.

Minnesota Statutes 2020, section 245A.07, is amended by adding a subdivision
to read:


new text begin Subd. 2b. new text end

new text begin Parent notification of immediate suspension expedited hearing. new text end

new text begin (a) If an
immediate suspension expedited hearing under subdivision 2a pertains to a maltreatment
determination under chapter 260E, then:
new text end

new text begin (1) the commissioner shall notify the maltreated child's parent, legal custodian, or
guardian of the hearing at least ten calendar days before the hearing begins; and
new text end

new text begin (2) the child's parent, legal custodian, or guardian may attend and participate in the
hearing.
new text end

new text begin (b) The notice must include the date, time, and location of the hearing and must inform
the child's parent, legal custodian, or guardian of the right to attend and participate in the
hearing.
new text end

Sec. 2.

Minnesota Statutes 2020, section 245A.08, is amended by adding a subdivision to
read:


new text begin Subd. 2b. new text end

new text begin Parent notification of hearing. new text end

new text begin (a) If a contested case hearing appealing a
licensing sanction under section 245A.07, subdivision 3, pertains to a maltreatment
determination under chapter 260E, then:
new text end

new text begin (1) the commissioner shall notify the maltreated child's parent, legal custodian, or
guardian of the hearing at least ten calendar days before the hearing begins; and
new text end

new text begin (2) the child's parent, legal custodian, or guardian may attend and participate in the
hearing.
new text end

new text begin (b) The notice must include the date, time, and location of the hearing and must inform
the child's parent, legal custodian, or guardian of the right to attend and participate in the
hearing.
new text end

Sec. 3.

Minnesota Statutes 2020, section 260E.33, is amended by adding a subdivision to
read:


new text begin Subd. 3a. new text end

new text begin Parent notification of fair hearing. new text end

new text begin (a) If a person or facility requests a fair
hearing under subdivision 3, then:
new text end

new text begin (1) the commissioner of human services or the commissioner of education shall notify
the maltreated child's parent, legal custodian, or guardian of the hearing at least ten calendar
days before the hearing begins; and
new text end

new text begin (2) the child's parent, legal custodian, or guardian may attend and participate in the
hearing.
new text end

new text begin (b) The notice must include the date, time, and location of the hearing and must inform
the child's parent, legal custodian, or guardian of the right to attend and participate in the
hearing.
new text end

Sec. 4.

Minnesota Statutes 2020, section 260E.33, is amended by adding a subdivision to
read:


new text begin Subd. 6a. new text end

new text begin Parent notification of contested case hearing. new text end

new text begin (a) If a license holder requests
a contested case hearing under subdivision 6, then:
new text end

new text begin (1) the commissioner shall notify the maltreated child's parent, legal custodian, or
guardian of the hearing at least ten calendar days before the hearing begins; and
new text end

new text begin (2) the child's parent, legal custodian, or guardian is permitted to attend and participate
in the hearing.
new text end

new text begin (b) The notice must include the date, time, and location of the hearing and must inform
the child's parent, legal custodian, or guardian of the right to attend and participate in the
hearing.
new text end