SF 1145

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to child protection; establishing provisions 
  1.3             dealing with maltreatment of a child in a facility; 
  1.4             clarifying access to medical records for purposes of 
  1.5             maltreatment investigations; providing additional 
  1.6             appeal rights for interested persons acting on behalf 
  1.7             of a child; expanding duties of facility operators; 
  1.8             providing additional criminal liability for knowingly 
  1.9             permitting conditions that allow maltreatment of a 
  1.10            child in a facility to occur; requiring training; 
  1.11            imposing criminal penalties; amending Minnesota 
  1.12            Statutes 2000, sections 13.461, subdivision 17; 
  1.13            626.556, subdivisions 2, 10, 10b, 10d, 10e, 10f, 10i, 
  1.14            11, 12, by adding a subdivision; 626.559, subdivision 
  1.15            2; proposing coding for new law in Minnesota Statutes, 
  1.16            chapter 256. 
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18     Section 1.  Minnesota Statutes 2000, section 13.461, 
  1.19  subdivision 17, is amended to read: 
  1.20     Subd. 17.  [VULNERABLE ADULT MALTREATMENT REVIEW PANEL 
  1.21  PANELS.] Data of the vulnerable adult maltreatment review 
  1.22  panel or the child maltreatment review panel are classified 
  1.23  under section 256.021 or section 2. 
  1.24     Sec. 2.  [256.022] [CHILD MALTREATMENT REVIEW PANEL.] 
  1.25     Subdivision 1.  [CREATION.] The commissioner of human 
  1.26  services shall establish a review panel for purposes of 
  1.27  reviewing investigating agency determinations regarding 
  1.28  maltreatment of a child in a facility in response to requests 
  1.29  received under section 626.556, subdivision 10i, paragraph (b).  
  1.30  The review panel consists of the commissioners of health; human 
  1.31  services; children, families, and learning; the ombudsman for 
  2.1   crime victims; and the ombudsman for mental health and mental 
  2.2   retardation; or their designees.  
  2.3      Subd. 2.  [REVIEW PROCEDURE.] (a) The panel shall hold 
  2.4   quarterly meetings for purposes of conducting reviews under this 
  2.5   section.  If an interested person acting on behalf of a child 
  2.6   requests a review under this section, the panel shall review the 
  2.7   request at its next quarterly meeting.  If the next quarterly 
  2.8   meeting is within ten days of the panel's receipt of the request 
  2.9   for review, the review may be delayed until the next subsequent 
  2.10  meeting.  The panel shall review the request and the final 
  2.11  determination regarding maltreatment made by the investigating 
  2.12  agency and may review any other data on the investigation 
  2.13  maintained by the agency that are pertinent and necessary to its 
  2.14  review of the determination.  If more than one person requests a 
  2.15  review under this section with respect to the same 
  2.16  determination, the review panel shall combine the requests into 
  2.17  one review.  Upon receipt of a request for a review, the panel 
  2.18  shall notify the alleged perpetrator of maltreatment that a 
  2.19  review has been requested and provide an approximate timeline 
  2.20  for conducting the review.  
  2.21     (b) Within 30 days of the review under this section, the 
  2.22  panel shall notify the investigating agency and the interested 
  2.23  person who requested the review as to whether the panel agrees 
  2.24  with the determination or whether the investigating agency must 
  2.25  reconsider the determination.  If the panel determines that the 
  2.26  agency must reconsider the determination, the panel must make 
  2.27  specific investigative recommendations to the agency.  Within 30 
  2.28  days the investigating agency shall conduct a review and report 
  2.29  back to the panel with its reconsidered determination and the 
  2.30  specific rationale for its determination. 
  2.31     Subd. 3.  [REPORT.] By January 15 of each year, the panel 
  2.32  shall submit a report to the committees of the legislature with 
  2.33  jurisdiction over section 626.556 regarding the number of 
  2.34  requests for review it receives under this section, the number 
  2.35  of cases where the panel requires the investigating agency to 
  2.36  reconsider its final determination, the number of cases where 
  3.1   the final determination is changed, and any recommendations to 
  3.2   improve the review or investigative process.  
  3.3      Subd. 4.  [DATA.] Data of the review panel created as part 
  3.4   of a review under this section are private data on individuals 
  3.5   as defined in section 13.02. 
  3.6      Sec. 3.  Minnesota Statutes 2000, section 626.556, 
  3.7   subdivision 2, is amended to read: 
  3.8      Subd. 2.  [DEFINITIONS.] As used in this section, the 
  3.9   following terms have the meanings given them unless the specific 
  3.10  content indicates otherwise: 
  3.11     (a) "Sexual abuse" means the subjection of a child by a 
  3.12  person responsible for the child's care, by a person who has a 
  3.13  significant relationship to the child, as defined in section 
  3.14  609.341, or by a person in a position of authority, as defined 
  3.15  in section 609.341, subdivision 10, to any act which constitutes 
  3.16  a violation of section 609.342 (criminal sexual conduct in the 
  3.17  first degree), 609.343 (criminal sexual conduct in the second 
  3.18  degree), 609.344 (criminal sexual conduct in the third degree), 
  3.19  609.345 (criminal sexual conduct in the fourth degree), or 
  3.20  609.3451 (criminal sexual conduct in the fifth degree).  Sexual 
  3.21  abuse also includes any act which involves a minor which 
  3.22  constitutes a violation of prostitution offenses under sections 
  3.23  609.321 to 609.324 or 617.246.  Sexual abuse includes threatened 
  3.24  sexual abuse.  
  3.25     (b) "Person responsible for the child's care" means (1) an 
  3.26  individual functioning within the family unit and having 
  3.27  responsibilities for the care of the child such as a parent, 
  3.28  guardian, or other person having similar care responsibilities, 
  3.29  or (2) an individual functioning outside the family unit and 
  3.30  having responsibilities for the care of the child such as a 
  3.31  teacher, school administrator, or other lawful custodian of a 
  3.32  child having either full-time or short-term care 
  3.33  responsibilities including, but not limited to, day care, 
  3.34  babysitting whether paid or unpaid, counseling, teaching, and 
  3.35  coaching.  
  3.36     (c) "Neglect" means: 
  4.1      (1) failure by a person responsible for a child's care to 
  4.2   supply a child with necessary food, clothing, shelter, health, 
  4.3   medical, or other care required for the child's physical or 
  4.4   mental health when reasonably able to do so; 
  4.5      (2) failure to protect a child from conditions or actions 
  4.6   which imminently and seriously endanger the child's physical or 
  4.7   mental health when reasonably able to do so; 
  4.8      (3) failure to provide for necessary supervision or child 
  4.9   care arrangements appropriate for a child after considering 
  4.10  factors as the child's age, mental ability, physical condition, 
  4.11  length of absence, or environment, when the child is unable to 
  4.12  care for the child's own basic needs or safety, or the basic 
  4.13  needs or safety of another child in their care; 
  4.14     (4) failure to ensure that the child is educated as defined 
  4.15  in sections 120A.22 and 260C.163, subdivision 11; 
  4.16     (5) nothing in this section shall be construed to mean that 
  4.17  a child is neglected solely because the child's parent, 
  4.18  guardian, or other person responsible for the child's care in 
  4.19  good faith selects and depends upon spiritual means or prayer 
  4.20  for treatment or care of disease or remedial care of the child 
  4.21  in lieu of medical care; except that a parent, guardian, or 
  4.22  caretaker, or a person mandated to report pursuant to 
  4.23  subdivision 3, has a duty to report if a lack of medical care 
  4.24  may cause serious danger to the child's health.  This section 
  4.25  does not impose upon persons, not otherwise legally responsible 
  4.26  for providing a child with necessary food, clothing, shelter, 
  4.27  education, or medical care, a duty to provide that care; 
  4.28     (6) prenatal exposure to a controlled substance, as defined 
  4.29  in section 253B.02, subdivision 2, used by the mother for a 
  4.30  nonmedical purpose, as evidenced by withdrawal symptoms in the 
  4.31  child at birth, results of a toxicology test performed on the 
  4.32  mother at delivery or the child at birth, or medical effects or 
  4.33  developmental delays during the child's first year of life that 
  4.34  medically indicate prenatal exposure to a controlled substance; 
  4.35     (7) "medical neglect" as defined in section 260C.007, 
  4.36  subdivision 4, clause (5); 
  5.1      (8) chronic and severe use of alcohol or a controlled 
  5.2   substance by a parent or person responsible for the care of the 
  5.3   child that adversely affects the child's basic needs and safety; 
  5.4   or 
  5.5      (9) emotional harm from a pattern of behavior which 
  5.6   contributes to impaired emotional functioning of the child which 
  5.7   may be demonstrated by a substantial and observable effect in 
  5.8   the child's behavior, emotional response, or cognition that is 
  5.9   not within the normal range for the child's age and stage of 
  5.10  development, with due regard to the child's culture. 
  5.11     (d) "Physical abuse" means any physical injury, mental 
  5.12  injury, or threatened injury, inflicted by a person responsible 
  5.13  for the child's care on a child other than by accidental means, 
  5.14  or any physical or mental injury that cannot reasonably be 
  5.15  explained by the child's history of injuries, or any aversive 
  5.16  and deprivation procedures that have not been authorized under 
  5.17  section 245.825.  Abuse does not include reasonable and moderate 
  5.18  physical discipline of a child administered by a parent or legal 
  5.19  guardian which does not result in an injury.  Actions which are 
  5.20  not reasonable and moderate include, but are not limited to, any 
  5.21  of the following that are done in anger or without regard to the 
  5.22  safety of the child: 
  5.23     (1) throwing, kicking, burning, biting, or cutting a child; 
  5.24     (2) striking a child with a closed fist; 
  5.25     (3) shaking a child under age three; 
  5.26     (4) striking or other actions which result in any 
  5.27  nonaccidental injury to a child under 18 months of age; 
  5.28     (5) unreasonable interference with a child's breathing; 
  5.29     (6) threatening a child with a weapon, as defined in 
  5.30  section 609.02, subdivision 6; 
  5.31     (7) striking a child under age one on the face or head; 
  5.32     (8) purposely giving a child poison, alcohol, or dangerous, 
  5.33  harmful, or controlled substances which were not prescribed for 
  5.34  the child by a practitioner, in order to control or punish the 
  5.35  child; or other substances that substantially affect the child's 
  5.36  behavior, motor coordination, or judgment or that results in 
  6.1   sickness or internal injury, or subjects the child to medical 
  6.2   procedures that would be unnecessary if the child were not 
  6.3   exposed to the substances; or 
  6.4      (9) unreasonable physical confinement or restraint not 
  6.5   permitted under section 609.379, including but not limited to 
  6.6   tying, caging, or chaining. 
  6.7      (e) "Report" means any report received by the local welfare 
  6.8   agency, police department, or county sheriff pursuant to this 
  6.9   section. 
  6.10     (f) "Facility" means a licensed or unlicensed day care 
  6.11  facility, residential facility, agency, hospital, sanitarium, or 
  6.12  other facility or institution required to be licensed under 
  6.13  sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or 
  6.14  chapter 245B; or a school as defined in sections 120A.05, 
  6.15  subdivisions 9, 11, and 13; and 124D.10; or a nonlicensed 
  6.16  personal care provider organization as defined in sections 
  6.17  256B.04, subdivision 16, and 256B.0625, subdivision 19a. 
  6.18     (g) "Operator" means an operator or agency as defined in 
  6.19  section 245A.02.  
  6.20     (h) "Commissioner" means the commissioner of human services.
  6.21     (i) "Assessment" includes authority to interview the child, 
  6.22  the person or persons responsible for the child's care, the 
  6.23  alleged perpetrator, and any other person with knowledge of the 
  6.24  abuse or neglect for the purpose of gathering the facts, 
  6.25  assessing the risk to the child, and formulating a plan.  
  6.26     (j) "Practice of social services," for the purposes of 
  6.27  subdivision 3, includes but is not limited to employee 
  6.28  assistance counseling and the provision of guardian ad litem and 
  6.29  parenting time expeditor services.  
  6.30     (k) "Mental injury" means an injury to the psychological 
  6.31  capacity or emotional stability of a child as evidenced by an 
  6.32  observable or substantial impairment in the child's ability to 
  6.33  function within a normal range of performance and behavior with 
  6.34  due regard to the child's culture. 
  6.35     (l) "Threatened injury" means a statement, overt act, 
  6.36  condition, or status that represents a substantial risk of 
  7.1   physical or sexual abuse or mental injury. 
  7.2      (m) Persons who conduct assessments or investigations under 
  7.3   this section shall take into account accepted child-rearing 
  7.4   practices of the culture in which a child participates, which 
  7.5   are not injurious to the child's health, welfare, and safety. 
  7.6      (n) "Maltreatment of a child in a facility" means physical 
  7.7   abuse, sexual abuse, or neglect that occurs while a child is 
  7.8   under the care of a facility, or the following acts committed by 
  7.9   a person other than a child receiving services, with a child or 
  7.10  in the presence of a child who is or should be under the 
  7.11  supervision of the facility: 
  7.12     (1) an act against a child that constitutes a violation of, 
  7.13  an attempt to violate, or aiding and abetting a violation of: 
  7.14     (i) sections 609.221 to 609.224 (assault in the first 
  7.15  through fifth degrees); or 
  7.16     (ii) section 609.52 (theft); 
  7.17     (2) conduct that is not an accident or authorized conduct 
  7.18  that produces or could reasonably be expected to produce 
  7.19  physical pain or injury or emotional distress, including, but 
  7.20  not limited to, the following: 
  7.21     (i) hitting, slapping, kicking, pinching, biting, or 
  7.22  shaking; 
  7.23     (ii) use of repeated or malicious oral, written, or 
  7.24  gestured language toward a child or the treatment of a child, 
  7.25  that is disparaging, derogatory, humiliating, harassing, or 
  7.26  threatening; 
  7.27     (iii) use of an aversive or deprivation procedure, 
  7.28  unreasonable confinement, or involuntary seclusion, including an 
  7.29  unreasonable, forced separation of the child from other persons, 
  7.30  except aversive or deprivation procedures for developmentally 
  7.31  disabled children authorized under section 245.825; or 
  7.32     (iv) use of an unreasonable restraint, including tying, 
  7.33  caging, chaining, or any other unreasonable physical or manual 
  7.34  method of restricting or prohibiting movement; 
  7.35     (3) in the absence of legal authority, willfully using, 
  7.36  withholding, or disposing of funds or property of a child 
  8.1   receiving services in a facility that is not considered to be 
  8.2   contraband by the facility or school; 
  8.3      (4) sexual conduct with a child or in the presence of a 
  8.4   child that a reasonable person would consider to be sexual 
  8.5   behavior or exposing the child to sexual behavior or material 
  8.6   that is inappropriate for the age and developmental level of the 
  8.7   child; or 
  8.8      (5) sexual contact as defined in section 609.341 between a 
  8.9   facility staff, or an associate of the facility staff, and a 
  8.10  child receiving services. 
  8.11     For purposes of this paragraph, a child is not abused for 
  8.12  the sole reason that a person is engaged in authorized conduct.  
  8.13     (o) "Authorized conduct" means the provision of program 
  8.14  services, education for schools, health care, or other personal 
  8.15  care services; or provision of services or education under a 
  8.16  written program plan, individual education plan, or school 
  8.17  discipline plan, done in the best interests of the child by an 
  8.18  individual, facility, or employee or person providing services 
  8.19  or education in a facility under the rights, privileges, and 
  8.20  responsibilities conferred by state license, certification, or 
  8.21  registration.  
  8.22     (p) "Accident" means a sudden, unforeseen, and unexpected 
  8.23  occurrence or event that: 
  8.24     (1) was not likely to occur and could not have been 
  8.25  prevented by the exercise of due care; and 
  8.26     (2) if occurring while a child is receiving services from a 
  8.27  facility, occurs when the facility and the staff person 
  8.28  providing the services in the facility are in compliance with 
  8.29  applicable law relevant to the occurrence or event. 
  8.30     Sec. 4.  Minnesota Statutes 2000, section 626.556, is 
  8.31  amended by adding a subdivision to read: 
  8.32     Subd. 3d.  [FACILITY PROCEDURES; INTERNAL REPORTING.] (a) 
  8.33  Except for child foster care and family child care, a facility 
  8.34  licensed under sections 245A.01 to 245A.16 and chapter 245B 
  8.35  shall establish and enforce an ongoing written procedure in 
  8.36  compliance with applicable licensing rules to ensure that all 
  9.1   cases of suspected maltreatment are reported.  The procedure 
  9.2   must include the definitions of maltreatment and the phone 
  9.3   numbers for the local welfare agency, police department, county 
  9.4   sheriff, and agency responsible for assessing or investigating 
  9.5   maltreatment under this section.  Procedures must include a 
  9.6   method for providing children or family members with written 
  9.7   information on where to report suspected maltreatment.  Mandated 
  9.8   reporters in a facility must receive orientation on this 
  9.9   procedure before having direct contact with children and annual 
  9.10  training on reporting of maltreatment.  
  9.11     (b) If a facility has an internal reporting procedure, a 
  9.12  mandated reporter may meet the reporting requirements of this 
  9.13  section by reporting internally.  The facility remains 
  9.14  responsible for complying with the immediate reporting 
  9.15  requirements of this section.  A facility with an internal 
  9.16  reporting procedure that receives an internal report from a 
  9.17  mandated reporter shall give the mandated reporter a written 
  9.18  notice if the facility has not reported the incident to the 
  9.19  agency responsible for assessing or investigating maltreatment.  
  9.20  The written notice must be provided within two working days of 
  9.21  receipt of the internal report in a manner that protects the 
  9.22  confidentiality of the reporter.  The written notice to the 
  9.23  mandated reporter must inform the reporter that if the reporter 
  9.24  is not satisfied with the action taken by the facility, the 
  9.25  reporter may report externally.  
  9.26     (c) A facility may not prohibit a mandated reporter from 
  9.27  reporting externally and may not retaliate against a mandated 
  9.28  reporter who, in good faith, reports an incident to the agency 
  9.29  responsible for assessing or investigating maltreatment. 
  9.30     Sec. 5.  Minnesota Statutes 2000, section 626.556, 
  9.31  subdivision 10, is amended to read: 
  9.32     Subd. 10.  [DUTIES OF LOCAL WELFARE AGENCY AND LOCAL LAW 
  9.33  ENFORCEMENT AGENCY UPON RECEIPT OF A REPORT.] (a) If the report 
  9.34  alleges neglect, physical abuse, or sexual abuse by a parent, 
  9.35  guardian, or individual functioning within the family unit as a 
  9.36  person responsible for the child's care, the local welfare 
 10.1   agency shall immediately conduct an assessment including 
 10.2   gathering information on the existence of substance abuse and 
 10.3   offer protective social services for purposes of preventing 
 10.4   further abuses, safeguarding and enhancing the welfare of the 
 10.5   abused or neglected minor, and preserving family life whenever 
 10.6   possible.  If the report alleges a violation of a criminal 
 10.7   statute involving sexual abuse, physical abuse, or neglect or 
 10.8   endangerment, under section 609.378, the local law enforcement 
 10.9   agency and local welfare agency shall coordinate the planning 
 10.10  and execution of their respective investigation and assessment 
 10.11  efforts to avoid a duplication of fact-finding efforts and 
 10.12  multiple interviews.  Each agency shall prepare a separate 
 10.13  report of the results of its investigation.  In cases of alleged 
 10.14  child maltreatment resulting in death, the local agency may rely 
 10.15  on the fact-finding efforts of a law enforcement investigation 
 10.16  to make a determination of whether or not maltreatment 
 10.17  occurred.  When necessary the local welfare agency shall seek 
 10.18  authority to remove the child from the custody of a parent, 
 10.19  guardian, or adult with whom the child is living.  In performing 
 10.20  any of these duties, the local welfare agency shall maintain 
 10.21  appropriate records.  
 10.22     If the assessment indicates there is a potential for abuse 
 10.23  of alcohol or other drugs by the parent, guardian, or person 
 10.24  responsible for the child's care, the local welfare agency shall 
 10.25  conduct a chemical use assessment pursuant to Minnesota Rules, 
 10.26  part 9530.6615.  The local welfare agency shall report the 
 10.27  determination of the chemical use assessment, and the 
 10.28  recommendations and referrals for alcohol and other drug 
 10.29  treatment services to the state authority on alcohol and drug 
 10.30  abuse. 
 10.31     (b) When a local agency receives a report or otherwise has 
 10.32  information indicating that a child who is a client, as defined 
 10.33  in section 245.91, has been the subject of physical abuse, 
 10.34  sexual abuse, or neglect at an agency, facility, or program as 
 10.35  defined in section 245.91, it shall, in addition to its other 
 10.36  duties under this section, immediately inform the ombudsman 
 11.1   established under sections 245.91 to 245.97. 
 11.2      (c) Authority of the local welfare agency responsible for 
 11.3   assessing the child abuse or neglect report and of the local law 
 11.4   enforcement agency for investigating the alleged abuse or 
 11.5   neglect includes, but is not limited to, authority to interview, 
 11.6   without parental consent, the alleged victim and any other 
 11.7   minors who currently reside with or who have resided with the 
 11.8   alleged offender.  The interview may take place at school or at 
 11.9   any facility or other place where the alleged victim or other 
 11.10  minors might be found or the child may be transported to, and 
 11.11  the interview conducted at, a place appropriate for the 
 11.12  interview of a child designated by the local welfare agency or 
 11.13  law enforcement agency.  The interview may take place outside 
 11.14  the presence of the alleged offender or parent, legal custodian, 
 11.15  guardian, or school official.  Except as provided in this 
 11.16  paragraph, the parent, legal custodian, or guardian shall be 
 11.17  notified by the responsible local welfare or law enforcement 
 11.18  agency no later than the conclusion of the investigation or 
 11.19  assessment that this interview has occurred.  Notwithstanding 
 11.20  rule 49.02 of the Minnesota rules of procedure for juvenile 
 11.21  courts, the juvenile court may, after hearing on an ex parte 
 11.22  motion by the local welfare agency, order that, where reasonable 
 11.23  cause exists, the agency withhold notification of this interview 
 11.24  from the parent, legal custodian, or guardian.  If the interview 
 11.25  took place or is to take place on school property, the order 
 11.26  shall specify that school officials may not disclose to the 
 11.27  parent, legal custodian, or guardian the contents of the 
 11.28  notification of intent to interview the child on school 
 11.29  property, as provided under this paragraph, and any other 
 11.30  related information regarding the interview that may be a part 
 11.31  of the child's school record.  A copy of the order shall be sent 
 11.32  by the local welfare or law enforcement agency to the 
 11.33  appropriate school official. 
 11.34     (d) When the local welfare or local law enforcement agency 
 11.35  determines that an interview should take place on school 
 11.36  property, written notification of intent to interview the child 
 12.1   on school property must be received by school officials prior to 
 12.2   the interview.  The notification shall include the name of the 
 12.3   child to be interviewed, the purpose of the interview, and a 
 12.4   reference to the statutory authority to conduct an interview on 
 12.5   school property.  For interviews conducted by the local welfare 
 12.6   agency, the notification shall be signed by the chair of the 
 12.7   local social services agency or the chair's designee.  The 
 12.8   notification shall be private data on individuals subject to the 
 12.9   provisions of this paragraph.  School officials may not disclose 
 12.10  to the parent, legal custodian, or guardian the contents of the 
 12.11  notification or any other related information regarding the 
 12.12  interview until notified in writing by the local welfare or law 
 12.13  enforcement agency that the investigation or assessment has been 
 12.14  concluded.  Until that time, the local welfare or law 
 12.15  enforcement agency shall be solely responsible for any 
 12.16  disclosures regarding the nature of the assessment or 
 12.17  investigation.  
 12.18     Except where the alleged offender is believed to be a 
 12.19  school official or employee, the time and place, and manner of 
 12.20  the interview on school premises shall be within the discretion 
 12.21  of school officials, but the local welfare or law enforcement 
 12.22  agency shall have the exclusive authority to determine who may 
 12.23  attend the interview.  The conditions as to time, place, and 
 12.24  manner of the interview set by the school officials shall be 
 12.25  reasonable and the interview shall be conducted not more than 24 
 12.26  hours after the receipt of the notification unless another time 
 12.27  is considered necessary by agreement between the school 
 12.28  officials and the local welfare or law enforcement agency.  
 12.29  Where the school fails to comply with the provisions of this 
 12.30  paragraph, the juvenile court may order the school to comply.  
 12.31  Every effort must be made to reduce the disruption of the 
 12.32  educational program of the child, other students, or school 
 12.33  staff when an interview is conducted on school premises.  
 12.34     (e) Where the alleged offender or a person responsible for 
 12.35  the care of the alleged victim or other minor prevents access to 
 12.36  the victim or other minor by the local welfare agency, the 
 13.1   juvenile court may order the parents, legal custodian, or 
 13.2   guardian to produce the alleged victim or other minor for 
 13.3   questioning by the local welfare agency or the local law 
 13.4   enforcement agency outside the presence of the alleged offender 
 13.5   or any person responsible for the child's care at reasonable 
 13.6   places and times as specified by court order.  
 13.7      (f) Before making an order under paragraph (e), the court 
 13.8   shall issue an order to show cause, either upon its own motion 
 13.9   or upon a verified petition, specifying the basis for the 
 13.10  requested interviews and fixing the time and place of the 
 13.11  hearing.  The order to show cause shall be served personally and 
 13.12  shall be heard in the same manner as provided in other cases in 
 13.13  the juvenile court.  The court shall consider the need for 
 13.14  appointment of a guardian ad litem to protect the best interests 
 13.15  of the child.  If appointed, the guardian ad litem shall be 
 13.16  present at the hearing on the order to show cause.  
 13.17     (g) The commissioner, the ombudsman for mental health and 
 13.18  mental retardation, the local welfare agencies responsible for 
 13.19  investigating reports, and the local law enforcement agencies 
 13.20  have the right to enter facilities as defined in subdivision 2 
 13.21  and to inspect and copy the facility's records, including 
 13.22  medical records, as part of the investigation.  Notwithstanding 
 13.23  the provisions of chapter 13, they also have the right to inform 
 13.24  the facility under investigation that they are conducting an 
 13.25  investigation, to disclose to the facility the names of the 
 13.26  individuals under investigation for abusing or neglecting a 
 13.27  child, and to provide the facility with a copy of the report and 
 13.28  the investigative findings. 
 13.29     (h) The local welfare agency shall collect available and 
 13.30  relevant information to ascertain whether maltreatment occurred 
 13.31  and whether protective services are needed.  Information 
 13.32  collected includes, when relevant, information with regard to 
 13.33  the person reporting the alleged maltreatment, including the 
 13.34  nature of the reporter's relationship to the child and to the 
 13.35  alleged offender, and the basis of the reporter's knowledge for 
 13.36  the report; the child allegedly being maltreated; the alleged 
 14.1   offender; the child's caretaker; and other collateral sources 
 14.2   having relevant information related to the alleged 
 14.3   maltreatment.  The local welfare agency may make a determination 
 14.4   of no maltreatment early in an assessment, and close the case 
 14.5   and retain immunity, if the collected information shows no basis 
 14.6   for a full assessment or investigation. 
 14.7      Information relevant to the assessment or investigation 
 14.8   must be asked for, and may include: 
 14.9      (1) the child's sex and age, prior reports of maltreatment, 
 14.10  information relating to developmental functioning, credibility 
 14.11  of the child's statement, and whether the information provided 
 14.12  under this clause is consistent with other information collected 
 14.13  during the course of the assessment or investigation; 
 14.14     (2) the alleged offender's age, a record check for prior 
 14.15  reports of maltreatment, and criminal charges and convictions.  
 14.16  The local welfare agency must provide the alleged offender with 
 14.17  an opportunity to make a statement.  The alleged offender may 
 14.18  submit supporting documentation relevant to the assessment or 
 14.19  investigation; 
 14.20     (3) collateral source information regarding the alleged 
 14.21  maltreatment and care of the child.  Collateral information 
 14.22  includes, when relevant:  (i) a medical examination of the 
 14.23  child; (ii) prior medical records relating to the alleged 
 14.24  maltreatment or the care of the child maintained by any 
 14.25  facility, clinic, or health care professional and an interview 
 14.26  with the treating professionals; and (iii) interviews with the 
 14.27  child's caretakers, including the child's parent, guardian, 
 14.28  foster parent, child care provider, teachers, counselors, family 
 14.29  members, relatives, and other persons who may have knowledge 
 14.30  regarding the alleged maltreatment and the care of the child; 
 14.31  and 
 14.32     (4) information on the existence of domestic abuse and 
 14.33  violence in the home of the child, and substance abuse. 
 14.34     Nothing in this paragraph precludes the local welfare 
 14.35  agency from collecting other relevant information necessary to 
 14.36  conduct the assessment or investigation.  Notwithstanding 
 15.1   section 13.384 or 144.335, the local welfare agency has access 
 15.2   to medical data and records for purposes of clause (3).  
 15.3   Notwithstanding the data's classification in the possession of 
 15.4   any other agency, data acquired by the local welfare agency 
 15.5   during the course of the assessment or investigation are private 
 15.6   data on individuals and must be maintained in accordance with 
 15.7   subdivision 11. 
 15.8      (i) In the initial stages of an assessment or 
 15.9   investigation, the local welfare agency shall conduct a 
 15.10  face-to-face observation of the child reported to be maltreated 
 15.11  and a face-to-face interview of the alleged offender.  The 
 15.12  interview with the alleged offender may be postponed if it would 
 15.13  jeopardize an active law enforcement investigation. 
 15.14     (j) The local welfare agency shall use a question and 
 15.15  answer interviewing format with questioning as nondirective as 
 15.16  possible to elicit spontaneous responses.  The following 
 15.17  interviewing methods and procedures must be used whenever 
 15.18  possible when collecting information: 
 15.19     (1) audio recordings of all interviews with witnesses and 
 15.20  collateral sources; and 
 15.21     (2) in cases of alleged sexual abuse, audio-video 
 15.22  recordings of each interview with the alleged victim and child 
 15.23  witnesses. 
 15.24     Sec. 6.  Minnesota Statutes 2000, section 626.556, 
 15.25  subdivision 10b, is amended to read: 
 15.26     Subd. 10b.  [DUTIES OF COMMISSIONER; NEGLECT OR ABUSE IN 
 15.27  FACILITY.] (a) This section applies to the commissioners of 
 15.28  human services, health, and children, families, and learning.  
 15.29  The commissioner of the agency responsible for assessing or 
 15.30  investigating the report shall immediately investigate if the 
 15.31  report alleges that: 
 15.32     (1) a child who is in the care of a facility as defined in 
 15.33  subdivision 2 is neglected, physically abused, or sexually 
 15.34  abused, or is the victim of maltreatment in a facility by an 
 15.35  individual in that facility, or has been so neglected or 
 15.36  abused or been the victim of maltreatment in a facility by an 
 16.1   individual in that facility within the three years preceding the 
 16.2   report; or 
 16.3      (2) a child was neglected, physically abused, or sexually 
 16.4   abused, or is the victim of maltreatment in a facility by an 
 16.5   individual in a facility defined in subdivision 2, while in the 
 16.6   care of that facility within the three years preceding the 
 16.7   report.  
 16.8      The commissioner of the agency responsible for assessing or 
 16.9   investigating the report shall arrange for the transmittal to 
 16.10  the commissioner of reports received by local agencies and may 
 16.11  delegate to a local welfare agency the duty to investigate 
 16.12  reports.  In conducting an investigation under this section, the 
 16.13  commissioner has the powers and duties specified for local 
 16.14  welfare agencies under this section.  The commissioner of the 
 16.15  agency responsible for assessing or investigating the report or 
 16.16  local welfare agency may interview any children who are or have 
 16.17  been in the care of a facility under investigation and their 
 16.18  parents, guardians, or legal custodians. 
 16.19     (b) Prior to any interview, the commissioner of the agency 
 16.20  responsible for assessing or investigating the report or local 
 16.21  welfare agency shall notify the parent, guardian, or legal 
 16.22  custodian of a child who will be interviewed in the manner 
 16.23  provided for in subdivision 10d, paragraph (a).  If reasonable 
 16.24  efforts to reach the parent, guardian, or legal custodian of a 
 16.25  child in an out-of-home placement have failed, the child may be 
 16.26  interviewed if there is reason to believe the interview is 
 16.27  necessary to protect the child or other children in the 
 16.28  facility.  The commissioner of the agency responsible for 
 16.29  assessing or investigating the report or local agency must 
 16.30  provide the information required in this subdivision to the 
 16.31  parent, guardian, or legal custodian of a child interviewed 
 16.32  without parental notification as soon as possible after the 
 16.33  interview.  When the investigation is completed, any parent, 
 16.34  guardian, or legal custodian notified under this subdivision 
 16.35  shall receive the written memorandum provided for in subdivision 
 16.36  10d, paragraph (c). 
 17.1      (c) In conducting investigations under this subdivision the 
 17.2   commissioner or local welfare agency shall obtain access to 
 17.3   information consistent with subdivision 10, paragraphs (h), (i), 
 17.4   and (j). 
 17.5      (d) Except for foster care and family child care, the 
 17.6   commissioner has the primary responsibility for the 
 17.7   investigations and notifications required under subdivisions 10d 
 17.8   and 10f for reports that allege maltreatment related to the care 
 17.9   provided by or in facilities licensed by the commissioner.  The 
 17.10  commissioner may request assistance from the local social 
 17.11  services agency. 
 17.12     Sec. 7.  Minnesota Statutes 2000, section 626.556, 
 17.13  subdivision 10d, is amended to read: 
 17.14     Subd. 10d.  [NOTIFICATION OF NEGLECT OR ABUSE IN FACILITY.] 
 17.15  (a) When a report is received that alleges neglect, physical 
 17.16  abuse, or sexual abuse, or maltreatment of a child while in the 
 17.17  care of a licensed or unlicensed day care facility, residential 
 17.18  facility, agency, hospital, sanitarium, or other facility or 
 17.19  institution required to be licensed according to sections 144.50 
 17.20  to 144.58; 241.021; or 245A.01 to 245A.16; or chapter 245B, or a 
 17.21  school as defined in sections 120A.05, subdivisions 9, 11, and 
 17.22  13; and 124D.10; or a nonlicensed personal care provider 
 17.23  organization as defined in section 256B.04, subdivision 16, and 
 17.24  256B.0625, subdivision 19a, the commissioner of the agency 
 17.25  responsible for assessing or investigating the report or local 
 17.26  welfare agency investigating the report shall provide the 
 17.27  following information to the parent, guardian, or legal 
 17.28  custodian of a child alleged to have been neglected, physically 
 17.29  abused, or sexually abused, or the victim of maltreatment of a 
 17.30  child in the facility:  the name of the facility; the fact that 
 17.31  a report alleging neglect, physical abuse, or sexual abuse, or 
 17.32  maltreatment of a child in the facility has been received; the 
 17.33  nature of the alleged neglect, physical abuse, or sexual abuse, 
 17.34  or maltreatment of a child in the facility; that the agency is 
 17.35  conducting an investigation; any protective or corrective 
 17.36  measures being taken pending the outcome of the investigation; 
 18.1   and that a written memorandum will be provided when the 
 18.2   investigation is completed. 
 18.3      (b) The commissioner of the agency responsible for 
 18.4   assessing or investigating the report or local welfare agency 
 18.5   may also provide the information in paragraph (a) to the parent, 
 18.6   guardian, or legal custodian of any other child in the facility 
 18.7   if the investigative agency knows or has reason to believe the 
 18.8   alleged neglect, physical abuse, or sexual abuse, or 
 18.9   maltreatment of a child in the facility has occurred.  In 
 18.10  determining whether to exercise this authority, the commissioner 
 18.11  of the agency responsible for assessing or investigating the 
 18.12  report or local welfare agency shall consider the seriousness of 
 18.13  the alleged neglect, physical abuse, or sexual abuse, or 
 18.14  maltreatment of a child in the facility; the number of children 
 18.15  allegedly neglected, physically abused, or sexually abused, or 
 18.16  victims of maltreatment of a child in the facility; the number 
 18.17  of alleged perpetrators; and the length of the investigation.  
 18.18  The facility shall be notified whenever this discretion is 
 18.19  exercised. 
 18.20     (c) When the commissioner of the agency responsible for 
 18.21  assessing or investigating the report or local welfare agency 
 18.22  has completed its investigation, every parent, guardian, or 
 18.23  legal custodian notified of the investigation by the 
 18.24  commissioner or local welfare agency shall be provided with the 
 18.25  following information in a written memorandum:  the name of the 
 18.26  facility investigated; the nature of the alleged neglect, 
 18.27  physical abuse, or sexual abuse, or maltreatment of a child in 
 18.28  the facility; the investigator's name; a summary of the 
 18.29  investigation findings; a statement whether maltreatment was 
 18.30  found; and the protective or corrective measures that are being 
 18.31  or will be taken.  The memorandum shall be written in a manner 
 18.32  that protects the identity of the reporter and the child and 
 18.33  shall not contain the name, or to the extent possible, reveal 
 18.34  the identity of the alleged perpetrator or of those interviewed 
 18.35  during the investigation.  If maltreatment is determined to 
 18.36  exist, the commissioner or local welfare agency shall also 
 19.1   provide the written memorandum to the parent, guardian, or legal 
 19.2   custodian of each child in the facility if maltreatment is 
 19.3   determined to exist who had contact with the individual 
 19.4   responsible for the maltreatment.  When the facility is the 
 19.5   responsible party for maltreatment, the commissioner or local 
 19.6   welfare agency shall also provide the written memorandum to the 
 19.7   parent, guardian, or legal custodian of each child who received 
 19.8   services in the population of the facility where the 
 19.9   maltreatment occurred.  This notification must be provided to 
 19.10  the parent, guardian, or legal custodian of each child receiving 
 19.11  services from the time the maltreatment occurred until either 
 19.12  the individual responsible for maltreatment is no longer in 
 19.13  contact with a child or children in the facility or the 
 19.14  conclusion of the investigation. 
 19.15     Sec. 8.  Minnesota Statutes 2000, section 626.556, 
 19.16  subdivision 10e, is amended to read: 
 19.17     Subd. 10e.  [DETERMINATIONS.] Upon the conclusion of every 
 19.18  assessment or investigation it conducts, the local welfare 
 19.19  agency shall make two determinations:  first, whether 
 19.20  maltreatment has occurred; and second, whether child protective 
 19.21  services are needed.  When maltreatment is determined in an 
 19.22  investigation involving a facility, the investigating agency 
 19.23  shall also determine whether the facility or individual was 
 19.24  responsible for the maltreatment using the mitigating factors in 
 19.25  paragraph (d).  Determinations under this subdivision must be 
 19.26  made based on a preponderance of the evidence. 
 19.27     (a) For the purposes of this subdivision, "maltreatment" 
 19.28  means any of the following acts or omissions committed by a 
 19.29  person responsible for the child's care: 
 19.30     (1) physical abuse as defined in subdivision 2, paragraph 
 19.31  (d); 
 19.32     (2) neglect as defined in subdivision 2, paragraph (c); 
 19.33     (3) sexual abuse as defined in subdivision 2, paragraph 
 19.34  (a); or 
 19.35     (4) mental injury as defined in subdivision 2, paragraph 
 19.36  (k); or 
 20.1      (5) maltreatment of a child in a facility as defined in 
 20.2   subdivision 2, paragraph (n). 
 20.3      (b) For the purposes of this subdivision, a determination 
 20.4   that child protective services are needed means that the local 
 20.5   welfare agency has documented conditions during the assessment 
 20.6   or investigation sufficient to cause a child protection worker, 
 20.7   as defined in section 626.559, subdivision 1, to conclude that a 
 20.8   child is at significant risk of maltreatment if protective 
 20.9   intervention is not provided and that the individuals 
 20.10  responsible for the child's care have not taken or are not 
 20.11  likely to take actions to protect the child from maltreatment or 
 20.12  risk of maltreatment. 
 20.13     (c) This subdivision does not mean that maltreatment has 
 20.14  occurred solely because the child's parent, guardian, or other 
 20.15  person responsible for the child's care in good faith selects 
 20.16  and depends upon spiritual means or prayer for treatment or care 
 20.17  of disease or remedial care of the child, in lieu of medical 
 20.18  care.  However, if lack of medical care may result in serious 
 20.19  danger to the child's health, the local welfare agency may 
 20.20  ensure that necessary medical services are provided to the child.
 20.21     (d) When determining whether the facility or individual is 
 20.22  the responsible party for determined maltreatment in a facility, 
 20.23  the investigating agency shall consider at least the following 
 20.24  mitigating factors: 
 20.25     (1) whether the actions of the facility or the individual 
 20.26  caregivers were according to, and followed the terms of, an 
 20.27  erroneous physician order, prescription, individual care plan, 
 20.28  or directive; however, this is not a mitigating factor when the 
 20.29  facility or caregiver was responsible for the issuance of the 
 20.30  erroneous order, prescription, individual care plan, or 
 20.31  directive or knew or should have known of the errors and took no 
 20.32  reasonable measures to correct the defect before administering 
 20.33  care; 
 20.34     (2) comparative responsibility between the facility, other 
 20.35  caregivers, and requirements placed upon an employee, including 
 20.36  the facility's compliance with related regulatory standards and 
 21.1   the adequacy of facility policies and procedures, facility 
 21.2   training, an individual's participation in the training, the 
 21.3   caregiver's supervision, and facility staffing levels and the 
 21.4   scope of the individual employee's authority and discretion; and 
 21.5      (3) whether the facility or individual followed 
 21.6   professional standards in exercising professional judgment. 
 21.7      Individual counties may implement more detailed definitions 
 21.8   or criteria that indicate which allegations to investigate, as 
 21.9   long as a county's policies are consistent with the definitions 
 21.10  in the statutes and rules and are approved by the county board.  
 21.11  Each local welfare agency shall periodically inform mandated 
 21.12  reporters under subdivision 3 who work in the county of the 
 21.13  definitions of maltreatment in the statutes and rules and any 
 21.14  additional definitions or criteria that have been approved by 
 21.15  the county board. 
 21.16     Sec. 9.  Minnesota Statutes 2000, section 626.556, 
 21.17  subdivision 10f, is amended to read: 
 21.18     Subd. 10f.  [NOTICE OF DETERMINATIONS.] Within ten working 
 21.19  days of the conclusion of an assessment, the local welfare 
 21.20  agency or agency responsible for assessing or investigating the 
 21.21  report shall notify the parent or guardian of the child, the 
 21.22  person determined to be maltreating the child, and if 
 21.23  applicable, the director of the facility, of the determination 
 21.24  and a summary of the specific reasons for the determination.  
 21.25  The notice must also include a certification that the 
 21.26  information collection procedures under subdivision 10, 
 21.27  paragraphs (h), (i), and (j), were followed and a notice of the 
 21.28  right of a data subject to obtain access to other private data 
 21.29  on the subject collected, created, or maintained under this 
 21.30  section.  In addition, the notice shall include the length of 
 21.31  time that the records will be kept under subdivision 11c.  The 
 21.32  investigating agency shall notify the parent or guardian of the 
 21.33  child who is the subject of the report, and any person or 
 21.34  facility determined to have maltreated a child, of their 
 21.35  appeal or review rights under this section or section 2. 
 21.36     Sec. 10.  Minnesota Statutes 2000, section 626.556, 
 22.1   subdivision 10i, is amended to read: 
 22.2      Subd. 10i.  [ADMINISTRATIVE RECONSIDERATION OF FINAL 
 22.3   DETERMINATION OF MALTREATMENT; REVIEW PANEL.] (a) An individual 
 22.4   or facility that the commissioner or a local social service 
 22.5   agency determines has maltreated a child, or the child's 
 22.6   designee an interested person acting on behalf of the child, 
 22.7   regardless of the determination, who contests the investigating 
 22.8   agency's final determination regarding maltreatment, may request 
 22.9   the investigating agency to reconsider its final determination 
 22.10  regarding maltreatment.  The request for reconsideration must be 
 22.11  submitted in writing to the investigating agency within 15 
 22.12  calendar days after receipt of notice of the final determination 
 22.13  regarding maltreatment or, if the request is made by an 
 22.14  interested person who is not entitled to notice, within 15 days 
 22.15  after receipt of the notice by the parent or guardian of the 
 22.16  child.  
 22.17     (b) If the investigating agency denies the request or fails 
 22.18  to act upon the request within 15 calendar days after receiving 
 22.19  the request for reconsideration, the person or facility entitled 
 22.20  to a fair hearing under section 256.045 may submit to the 
 22.21  commissioner of human services a written request for a hearing 
 22.22  under that section.  For reports involving maltreatment of a 
 22.23  child in a facility, an interested person acting on behalf of 
 22.24  the child may request a review by the child maltreatment review 
 22.25  panel under section 2 if the investigating agency denies the 
 22.26  request or fails to act upon the request or if the interested 
 22.27  person contests a reconsidered determination.  The investigating 
 22.28  agency shall notify persons who request reconsideration of their 
 22.29  rights under this paragraph.  The request must be submitted in 
 22.30  writing to the review panel and a copy sent to the investigating 
 22.31  agency within 30 calendar days of receipt of notice of a denial 
 22.32  of a request for reconsideration or of a reconsidered 
 22.33  determination.  The request must specifically identify the 
 22.34  aspects of the agency determination with which the person is 
 22.35  dissatisfied.  
 22.36     (c) If, as a result of the a reconsideration or review, the 
 23.1   investigating agency changes the final determination of 
 23.2   maltreatment, that agency shall notify the parties specified in 
 23.3   subdivisions 10b, 10d, and 10f. 
 23.4      (d) If an individual or facility contests the investigating 
 23.5   agency's final determination regarding maltreatment by 
 23.6   requesting a fair hearing under section 256.045, the 
 23.7   commissioner of human services shall assure that the hearing is 
 23.8   conducted and a decision is reached within 90 days of receipt of 
 23.9   the request for a hearing.  The time for action on the decision 
 23.10  may be extended for as many days as the hearing is postponed or 
 23.11  the record is held open for the benefit of either party. 
 23.12     (e) For purposes of this subdivision, "interested person 
 23.13  acting on behalf of the child" means a parent or legal guardian; 
 23.14  stepparent; grandparent; guardian ad litem; adult stepbrother, 
 23.15  stepsister, or sibling; or adult aunt or uncle; unless the 
 23.16  person has been determined to be the perpetrator of the 
 23.17  maltreatment. 
 23.18     Sec. 11.  Minnesota Statutes 2000, section 626.556, 
 23.19  subdivision 11, is amended to read: 
 23.20     Subd. 11.  [RECORDS.] (a) Except as provided in paragraph 
 23.21  (b) or (c) and subdivisions 10b, 10d, 10g, and 11b, all records 
 23.22  concerning individuals maintained by a local welfare agency or 
 23.23  agency responsible for assessing or investigating the report 
 23.24  under this section, including any written reports filed under 
 23.25  subdivision 7, shall be private data on individuals, except 
 23.26  insofar as copies of reports are required by subdivision 7 to be 
 23.27  sent to the local police department or the county sheriff.  
 23.28  Reports maintained by any police department or the county 
 23.29  sheriff shall be private data on individuals except the reports 
 23.30  shall be made available to the investigating, petitioning, or 
 23.31  prosecuting authority, including county medical examiners or 
 23.32  county coroners.  Section 13.82, subdivisions 7, 5a, and 5b, 
 23.33  apply to law enforcement data other than the reports.  The local 
 23.34  social services agency or agency responsible for assessing or 
 23.35  investigating the report shall make available to the 
 23.36  investigating, petitioning, or prosecuting authority, including 
 24.1   county medical examiners or county coroners or their 
 24.2   professional delegates, any records which contain information 
 24.3   relating to a specific incident of neglect or abuse which is 
 24.4   under investigation, petition, or prosecution and information 
 24.5   relating to any prior incidents of neglect or abuse involving 
 24.6   any of the same persons.  The records shall be collected and 
 24.7   maintained in accordance with the provisions of chapter 13.  In 
 24.8   conducting investigations and assessments pursuant to this 
 24.9   section, the notice required by section 13.04, subdivision 2, 
 24.10  need not be provided to a minor under the age of ten who is the 
 24.11  alleged victim of abuse or neglect.  An individual subject of a 
 24.12  record shall have access to the record in accordance with those 
 24.13  sections, except that the name of the reporter shall be 
 24.14  confidential while the report is under assessment or 
 24.15  investigation except as otherwise permitted by this 
 24.16  subdivision.  Any person conducting an investigation or 
 24.17  assessment under this section who intentionally discloses the 
 24.18  identity of a reporter prior to the completion of the 
 24.19  investigation or assessment is guilty of a misdemeanor.  After 
 24.20  the assessment or investigation is completed, the name of the 
 24.21  reporter shall be confidential.  The subject of the report may 
 24.22  compel disclosure of the name of the reporter only with the 
 24.23  consent of the reporter or upon a written finding by the court 
 24.24  that the report was false and that there is evidence that the 
 24.25  report was made in bad faith.  This subdivision does not alter 
 24.26  disclosure responsibilities or obligations under the rules of 
 24.27  criminal procedure. 
 24.28     (b) Upon request of the legislative auditor, data on 
 24.29  individuals maintained under this section must be released to 
 24.30  the legislative auditor in order for the auditor to fulfill the 
 24.31  auditor's duties under section 3.971.  The auditor shall 
 24.32  maintain the data in accordance with chapter 13. 
 24.33     (c) The investigating agency shall exchange not public data 
 24.34  with the child maltreatment review panel under section 2 if the 
 24.35  data are pertinent and necessary for a review requested under 
 24.36  section 2.  Upon completion of the review, the not public data 
 25.1   received by the review panel must be returned to the 
 25.2   investigating agency.  
 25.3      Sec. 12.  Minnesota Statutes 2000, section 626.556, 
 25.4   subdivision 12, is amended to read: 
 25.5      Subd. 12.  [DUTIES OF FACILITY OPERATORS.] Any operator, 
 25.6   employee, or volunteer worker at any facility who intentionally 
 25.7   neglects, physically abuses, or sexually abuses any child in the 
 25.8   care of that facility may be charged with a violation of section 
 25.9   609.255, 609.377, or 609.378.  Any operator of a facility who 
 25.10  knowingly permits conditions to exist which result in neglect, 
 25.11  physical abuse, or sexual abuse, or maltreatment of a child in a 
 25.12  facility while in the care of that facility may be charged with 
 25.13  a violation of section 609.378.  The facility operator shall 
 25.14  inform all mandated reporters employed by or otherwise 
 25.15  associated with the facility of the duties required of mandated 
 25.16  reporters and shall inform all mandatory reporters of the 
 25.17  prohibition against retaliation for reports made in good faith 
 25.18  under this section. 
 25.19     Sec. 13.  Minnesota Statutes 2000, section 626.559, 
 25.20  subdivision 2, is amended to read: 
 25.21     Subd. 2.  [JOINT TRAINING.] The commissioners of human 
 25.22  services and public safety shall cooperate in the development of 
 25.23  a joint program for training child abuse services professionals 
 25.24  in the appropriate techniques for child abuse assessment and 
 25.25  investigation.  The program shall include but need not be 
 25.26  limited to the following areas: 
 25.27     (1) the public policy goals of the state as set forth in 
 25.28  section 260C.001 and the role of the assessment or investigation 
 25.29  in meeting these goals; 
 25.30     (2) the special duties of child protection workers and law 
 25.31  enforcement officers under section 626.556; 
 25.32     (3) the appropriate methods for directing and managing 
 25.33  affiliated professionals who may be utilized in providing 
 25.34  protective services and strengthening family ties; 
 25.35     (4) the appropriate methods for interviewing alleged 
 25.36  victims of child abuse and other minors in the course of 
 26.1   performing an assessment or an investigation; 
 26.2      (5) the dynamics of child abuse and neglect within family 
 26.3   systems and the appropriate methods for interviewing parents in 
 26.4   the course of the assessment or investigation, including 
 26.5   training in recognizing cases in which one of the parents is a 
 26.6   victim of domestic abuse and in need of special legal or medical 
 26.7   services; 
 26.8      (6) the legal, evidentiary considerations that may be 
 26.9   relevant to the conduct of an assessment or an investigation; 
 26.10     (7) the circumstances under which it is appropriate to 
 26.11  remove the alleged abuser or the alleged victim from the home; 
 26.12     (8) the protective social services that are available to 
 26.13  protect alleged victims from further abuse, to prevent child 
 26.14  abuse and domestic abuse, and to preserve the family unit, and 
 26.15  training in the preparation of case plans to coordinate services 
 26.16  for the alleged child abuse victim with services for any parents 
 26.17  who are victims of domestic abuse; and 
 26.18     (9) the methods by which child protection workers and law 
 26.19  enforcement workers cooperate in conducting assessments and 
 26.20  investigations in order to avoid duplication of efforts; and 
 26.21     (10) appropriate methods for interviewing alleged victims 
 26.22  of child abuse and conducting investigations in cases where the 
 26.23  alleged victim is developmentally, physically, or mentally 
 26.24  disabled.