Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

SF 342

as introduced - 89th Legislature (2015 - 2016) Posted on 01/27/2015 09:44am

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

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4 1.5
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27
2.28 2.29 2.30 2.31 2.32 2.33 2.34 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 3.36 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35 4.36 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 5.35 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 6.35 6.36 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 7.35 7.36 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22

A bill for an act
relating to human services; modifying the use of reports alleging child
maltreatment that were not accepted for assessment or investigation; amending
Minnesota Statutes 2014, section 626.556, subdivisions 7, 10.

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

Section 1.

Minnesota Statutes 2014, section 626.556, subdivision 7, is amended to read:


Subd. 7.

Report; information provided to parent.

(a) 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. 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.

(b) 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. The local
welfare agency or agency responsible for assessing or investigating the report shall
accept a report made under subdivision 3 notwithstanding refusal by a reporter to provide
the reporter's name or address as long as the report is otherwise sufficient under this
paragraph. 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.

(c) When requested, the agency responsible for assessing or investigating a report
shall inform the reporter within ten days after the report was made, either orally or in
writing, whether the report was accepted or not. If the responsible agency determines the
report does not constitute a report under this section, the agency shall advise the reporter
the report was screened out. A new text begin local welfare agency or agency responsible for assessing
or investigating a report may use a
new text end screened-out report deleted text begin must not be useddeleted text end for deleted text begin any purpose
other than
deleted text end making an offer of social services to the subjects of the screened-out reportnew text begin and
for evaluating a subsequent report alleging maltreatment of a child who was the subject
of the screened-out report, to determine whether a family assessment or investigation
must be conducted
new text end .

(d) 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.

(e) Regardless of whether a report is made under this subdivision, as soon as
practicable after a school receives information regarding an incident that may constitute
maltreatment of a child in a school facility, the school shall inform the parent, legal
guardian, or custodian of the child that an incident has occurred that may constitute
maltreatment of the child, when the incident occurred, and the nature of the conduct
that may constitute maltreatment.

(f) 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.

Sec. 2.

Minnesota Statutes 2014, section 626.556, subdivision 10, is amended to read:


Subd. 10.

Duties of local welfare agency and local law enforcement agency upon
receipt of report.

(a) Upon receipt of a report, the local welfare agency shall determine
whether to conduct a family assessment or an investigation as appropriate to prevent or
provide a remedy for child maltreatment. The local welfare agency:

(1) shall conduct an investigation on reports involving substantial child
endangerment;

(2) shall begin an immediate investigation if, at any time when it is using a family
assessment response, it determines that there is reason to believe that substantial child
endangerment or a serious threat to the child's safety exists;

(3) may conduct a family assessment for reports that do not allege 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; and

(4) may conduct a family assessment on 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.

If the report alleges neglect, physical abuse, or sexual abuse by a parent, guardian,
or individual functioning within the family unit as a person responsible for the child's
care, or sexual abuse by a person with a significant relationship to the child when that
person resides in the child's household or by a sibling, the local welfare agency shall
immediately conduct a family assessment or investigation as identified in clauses (1) to
(4). In conducting a family assessment or investigation, the local welfare agency shall
gather information on the existence of substance abuse and domestic violence and offer
services for purposes of preventing future child maltreatment, safeguarding and enhancing
the welfare of the abused or neglected minor, and supporting and preserving family
life whenever possible. If the report alleges a violation of a criminal statute involving
sexual abuse, physical abuse, or neglect or endangerment, under section 609.378, the
local law enforcement agency and local welfare agency shall coordinate the planning and
execution of their respective investigation and assessment efforts to avoid a duplication of
fact-finding efforts and multiple interviews. Each agency shall prepare a separate report of
the results of its investigation. In cases of alleged child maltreatment resulting in death,
the local agency may rely on the fact-finding efforts of a law enforcement investigation
to make a determination of whether or not maltreatment occurred. When necessary the
local welfare agency shall seek authority to remove the child from the custody of a parent,
guardian, or adult with whom the child is living. In performing any of these duties, the
local welfare agency shall maintain appropriate records.

If the family assessment or investigation indicates there is a potential for abuse of
alcohol or other drugs by the parent, guardian, or person responsible for the child's care,
the local welfare agency shall conduct a chemical use assessment pursuant to Minnesota
Rules, part 9530.6615.

(b) When a local agency receives a report or otherwise has information indicating
that a child who is a client, as defined in section 245.91, has been the subject of physical
abuse, sexual abuse, or neglect at an agency, facility, or program as defined in section
245.91, it shall, in addition to its other duties under this section, immediately inform the
ombudsman established under sections 245.91 to 245.97. The commissioner of education
shall inform the ombudsman established under sections 245.91 to 245.97 of reports
regarding a child defined as a client in section 245.91 that maltreatment occurred at a
school as defined in sections 120A.05, subdivisions 9, 11, and 13, and 124D.10.

(c) Authority of the local welfare agency responsible for assessing or investigating
the child abuse or neglect report, the agency responsible for assessing or investigating
the report, and of the local law enforcement agency for investigating the alleged abuse or
neglect includes, but is not limited to, authority to interview, without parental consent,
the alleged victim and any other minors who currently reside with or who have resided
with the alleged offender. The interview may take place at school or at any facility or
other place where the alleged victim or other minors might be found or the child may be
transported to, and the interview conducted at, a place appropriate for the interview of a
child designated by the local welfare agency or law enforcement agency. The interview
may take place outside the presence of the alleged offender or parent, legal custodian,
guardian, or school official. For family assessments, it is the preferred practice to request
a parent or guardian's permission to interview the child prior to conducting the child
interview, unless doing so would compromise the safety assessment. Except as provided in
this paragraph, the parent, legal custodian, or guardian shall be notified by the responsible
local welfare or law enforcement agency no later than the conclusion of the investigation
or assessment that this interview has occurred. Notwithstanding rule 32 of the Minnesota
Rules of Procedure for Juvenile Courts, the juvenile court may, after hearing on an ex parte
motion by the local welfare agency, order that, where reasonable cause exists, the agency
withhold notification of this interview from the parent, legal custodian, or guardian. If the
interview took place or is to take place on school property, the order shall specify that
school officials may not disclose to the parent, legal custodian, or guardian the contents
of the notification of intent to interview the child on school property, as provided under
this paragraph, and any other related information regarding the interview that may be a
part of the child's school record. A copy of the order shall be sent by the local welfare or
law enforcement agency to the appropriate school official.

(d) When the local welfare, local law enforcement agency, or the agency responsible
for assessing or investigating a report of maltreatment determines that an interview should
take place on school property, written notification of intent to interview the child on school
property must be received by school officials prior to the interview. The notification
shall include the name of the child to be interviewed, the purpose of the interview, and
a reference to the statutory authority to conduct an interview on school property. For
interviews conducted by the local welfare agency, the notification shall be signed by the
chair of the local social services agency or the chair's designee. The notification shall be
private data on individuals subject to the provisions of this paragraph. School officials
may not disclose to the parent, legal custodian, or guardian the contents of the notification
or any other related information regarding the interview until notified in writing by the
local welfare or law enforcement agency that the investigation or assessment has been
concluded, unless a school employee or agent is alleged to have maltreated the child.
Until that time, the local welfare or law enforcement agency or the agency responsible
for assessing or investigating a report of maltreatment shall be solely responsible for any
disclosures regarding the nature of the assessment or investigation.

Except where the alleged offender is believed to be a school official or employee,
the time and place, and manner of the interview on school premises shall be within the
discretion of school officials, but the local welfare or law enforcement agency shall have
the exclusive authority to determine who may attend the interview. The conditions as to
time, place, and manner of the interview set by the school officials shall be reasonable and
the interview shall be conducted not more than 24 hours after the receipt of the notification
unless another time is considered necessary by agreement between the school officials and
the local welfare or law enforcement agency. Where the school fails to comply with the
provisions of this paragraph, the juvenile court may order the school to comply. Every
effort must be made to reduce the disruption of the educational program of the child, other
students, or school staff when an interview is conducted on school premises.

(e) Where the alleged offender or a person responsible for the care of the alleged
victim or other minor prevents access to the victim or other minor by the local welfare
agency, the juvenile court may order the parents, legal custodian, or guardian to produce
the alleged victim or other minor for questioning by the local welfare agency or the local
law enforcement agency outside the presence of the alleged offender or any person
responsible for the child's care at reasonable places and times as specified by court order.

(f) Before making an order under paragraph (e), the court shall issue an order to
show cause, either upon its own motion or upon a verified petition, specifying the basis for
the requested interviews and fixing the time and place of the hearing. The order to show
cause shall be served personally and shall be heard in the same manner as provided in
other cases in the juvenile court. The court shall consider the need for appointment of a
guardian ad litem to protect the best interests of the child. If appointed, the guardian ad
litem shall be present at the hearing on the order to show cause.

(g) The commissioner of human services, the ombudsman for mental health and
developmental disabilities, the local welfare agencies responsible for investigating reports,
the commissioner of education, and the local law enforcement agencies have the right to
enter facilities as defined in subdivision 2 and to inspect and copy the facility's records,
including medical records, as part of the investigation. Notwithstanding the provisions of
chapter 13, they also have the right to inform the facility under investigation that they are
conducting an investigation, to disclose to the facility the names of the individuals under
investigation for abusing or neglecting a child, and to provide the facility with a copy of
the report and the investigative findings.

(h) The local welfare agency responsible for conducting a family assessment or
investigation shall collect available and relevant information to determine child safety,
risk of subsequent child maltreatment, and family strengths and needs and share not public
information with an Indian's tribal social services agency without violating any law of the
state that may otherwise impose duties of confidentiality on the local welfare agency in
order to implement the tribal state agreement. The local welfare agency or the agency
responsible for investigating the report shall collect available and relevant information
to ascertain whether maltreatment occurred and whether protective services are needed.
Information collected includes, when relevant, information with regard to the person
reporting the alleged maltreatment, including the nature of the reporter's relationship to the
child and to the alleged offender, and the basis of the reporter's knowledge for the report;
the child allegedly being maltreated; the alleged offender; the child's caretaker; and other
collateral sources having relevant information related to the alleged maltreatment. The
local welfare agency or the agency responsible for investigating the report may make a
determination of no maltreatment early in an investigation, and close the case and retain
immunity, if the collected information shows no basis for a full investigation.

Information relevant to the assessment or investigation must be asked for, and
may include:

(1) the child's sex and agedeleted text begin ,deleted text end new text begin ;new text end prior reports of maltreatment, new text begin including any
maltreatment reports that were screened out and not accepted for assessment or
investigation;
new text end information relating to developmental functioningdeleted text begin ,deleted text end new text begin ;new text end credibility of the child's
statementdeleted text begin ,deleted text end new text begin ;new text end and whether the information provided under this clause is consistent with other
information collected during the course of the assessment or investigation;

(2) the alleged offender's age, a record check for prior reports of maltreatment, and
criminal charges and convictions. The local welfare agency or the agency responsible for
assessing or investigating the report must provide the alleged offender with an opportunity
to make a statement. The alleged offender may submit supporting documentation relevant
to the assessment or investigation;

(3) collateral source information regarding the alleged maltreatment and care of the
child. Collateral information includes, when relevant: (i) a medical examination of the
child; (ii) prior medical records relating to the alleged maltreatment or the care of the
child maintained by any facility, clinic, or health care professional and an interview with
the treating professionals; and (iii) interviews with the child's caretakers, including the
child's parent, guardian, foster parent, child care provider, teachers, counselors, family
members, relatives, and other persons who may have knowledge regarding the alleged
maltreatment and the care of the child; and

(4) information on the existence of domestic abuse and violence in the home of
the child, and substance abuse.

Nothing in this paragraph precludes the local welfare agency, the local law
enforcement agency, or the agency responsible for assessing or investigating the report
from collecting other relevant information necessary to conduct the assessment or
investigation. Notwithstanding sections 13.384 or 144.291 to 144.298, the local welfare
agency has access to medical data and records for purposes of clause (3). Notwithstanding
the data's classification in the possession of any other agency, data acquired by the
local welfare agency or the agency responsible for assessing or investigating the report
during the course of the assessment or investigation are private data on individuals and
must be maintained in accordance with subdivision 11. Data of the commissioner of
education collected or maintained during and for the purpose of an investigation of
alleged maltreatment in a school are governed by this section, notwithstanding the data's
classification as educational, licensing, or personnel data under chapter 13.

In conducting an assessment or investigation involving a school facility as defined
in subdivision 2, paragraph (i), the commissioner of education shall collect investigative
reports and data that are relevant to a report of maltreatment and are from local law
enforcement and the school facility.

(i) Upon receipt of a report, the local welfare agency shall conduct a face-to-face
contact with the child reported to be maltreated and with the child's primary caregiver
sufficient to complete a safety assessment and ensure the immediate safety of the child.
The face-to-face contact with the child and primary caregiver shall occur immediately
if substantial child endangerment is alleged and within five calendar days for all other
reports. If the alleged offender was not already interviewed as the primary caregiver, the
local welfare agency shall also conduct a face-to-face interview with the alleged offender
in the early stages of the assessment or investigation. At the initial contact, the local child
welfare agency or the agency responsible for assessing or investigating the report must
inform the alleged offender of the complaints or allegations made against the individual in
a manner consistent with laws protecting the rights of the person who made the report.
The interview with the alleged offender may be postponed if it would jeopardize an active
law enforcement investigation.

(j) When conducting an investigation, the local welfare agency shall use a question
and answer interviewing format with questioning as nondirective as possible to elicit
spontaneous responses. For investigations only, the following interviewing methods and
procedures must be used whenever possible when collecting information:

(1) audio recordings of all interviews with witnesses and collateral sources; and

(2) in cases of alleged sexual abuse, audio-video recordings of each interview with
the alleged victim and child witnesses.

(k) In conducting an assessment or investigation involving a school facility as
defined in subdivision 2, paragraph (i), the commissioner of education shall collect
available and relevant information and use the procedures in paragraphs (i), (k), and
subdivision 3d, except that the requirement for face-to-face observation of the child
and face-to-face interview of the alleged offender is to occur in the initial stages of the
assessment or investigation provided that the commissioner may also base the assessment
or investigation on investigative reports and data received from the school facility and
local law enforcement, to the extent those investigations satisfy the requirements of
paragraphs (i) and (k), and subdivision 3d.