SF 112

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to child abuse reporting; records retention; 
  1.3             requiring a specified retention period for records of 
  1.4             cases in which no maltreatment is found; classifying 
  1.5             data; amending Minnesota Statutes 1994, section 
  1.6             626.556, subdivisions 10f and 11c. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 626.556, 
  1.9   subdivision 10f, is amended to read: 
  1.10     Subd. 10f.  [NOTICE OF DETERMINATIONS.] Within ten working 
  1.11  days of the conclusion of an assessment the local welfare agency 
  1.12  shall notify the parent or guardian of the child of the 
  1.13  determinations.  Within ten working days of completing an 
  1.14  investigation of a licensed facility, the local welfare agency 
  1.15  shall notify the person alleged to be maltreating the child, the 
  1.16  director of the facility, and the parent or guardian of the 
  1.17  child of the determinations.  In addition to the determinations, 
  1.18  the notice shall include the length of time that the records 
  1.19  will be kept under subdivision 11c.  When there is no 
  1.20  determination of either maltreatment or a need for services, the 
  1.21  notice shall also include the alleged perpetrator's right to 
  1.22  have the records destroyed. 
  1.23     Sec. 2.  Minnesota Statutes 1994, section 626.556, 
  1.24  subdivision 11c, is amended to read: 
  1.25     Subd. 11c.  [WELFARE, COURT SERVICES AGENCY, AND SCHOOL 
  1.26  RECORDS MAINTAINED.] Notwithstanding sections 138.163 and 
  2.1   138.17, records maintained or records derived from reports of 
  2.2   abuse by local welfare agencies, court services agencies, or 
  2.3   schools under this section shall be destroyed as provided in 
  2.4   paragraphs (a) to (d) by the responsible authority. 
  2.5      (a) If upon assessment or investigation there is no 
  2.6   determination of maltreatment or the need for child protective 
  2.7   services, the records may shall be maintained for a period of 
  2.8   four years.  After the individual alleged to have maltreated a 
  2.9   child is notified under subdivision 10f of the determinations at 
  2.10  the conclusion of the assessment or investigation, upon that 
  2.11  individual's request, records shall be destroyed within 30 days. 
  2.12     (b) All records relating to reports which, upon assessment 
  2.13  or investigation, indicate either maltreatment or a need for 
  2.14  child protective services shall be maintained for at least ten 
  2.15  years after the date of the final entry in the case record. 
  2.16     (c) All records regarding a report of maltreatment, 
  2.17  including any notification of intent to interview which was 
  2.18  received by a school under subdivision 10, paragraph (d), shall 
  2.19  be destroyed by the school when ordered to do so by the agency 
  2.20  conducting the assessment or investigation.  The agency shall 
  2.21  order the destruction of the notification when other records 
  2.22  relating to the report under investigation or assessment are 
  2.23  destroyed under this subdivision. 
  2.24     (d) Private or confidential data released to a court 
  2.25  services agency under subdivision 10h must be destroyed by the 
  2.26  court services agency when ordered to do so by the local welfare 
  2.27  agency that released the data.  The local welfare agency shall 
  2.28  order destruction of the data when other records relating to the 
  2.29  assessment or investigation are destroyed under this subdivision.