SF 1372

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to data practices; modifying provisions 
  1.3             governing child maltreatment data; amending Minnesota 
  1.4             Statutes 2000, sections 13.82, subdivision 8; 13.871, 
  1.5             subdivision 6; 626.556, subdivision 11c, by adding 
  1.6             subdivisions; Minnesota Statutes 2001 Supplement, 
  1.7             sections 626.5551, subdivision 2; 626.556, 
  1.8             subdivisions 7, 10, 10e; repealing Minnesota Statutes 
  1.9             2000, section 626.556, subdivisions 10k, 11. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 2000, section 13.82, 
  1.12  subdivision 8, is amended to read: 
  1.13     Subd. 8.  [CHILD ABUSE IDENTITY DATA.] Active or inactive 
  1.14  investigative data that identify a victim of child abuse or 
  1.15  neglect reported under section 626.556 are private data on 
  1.16  individuals.  Active or inactive investigative data that 
  1.17  identify a reporter of child abuse or neglect under section 
  1.18  626.556 are confidential data on individuals, unless the subject 
  1.19  of the report compels disclosure under section 626.556, 
  1.20  subdivision 11 11f. 
  1.21     Sec. 2.  Minnesota Statutes 2000, section 13.871, 
  1.22  subdivision 6, is amended to read: 
  1.23     Subd. 6.  [TRAINING; INVESTIGATION; APPREHENSION; REPORTS.] 
  1.24  (a)  [REPORTS OF GUNSHOT WOUNDS.] Disclosure of the name of a 
  1.25  person making a report under section 626.52, subdivision 2, is 
  1.26  governed by section 626.53.  
  1.27     (b)  [CHILD ABUSE REPORT RECORDS.] Data contained in child 
  2.1   abuse report records are classified under section 626.556. 
  2.2      (c)  [INTERSTATE DATA EXCHANGE.] Disclosure of child abuse 
  2.3   reports to agencies of another state is classified under section 
  2.4   626.556, subdivision 10g. 
  2.5      (d)  [RELEASE TO FAMILY COURT SERVICES.] Release of child 
  2.6   abuse data to a court services agency is authorized under 
  2.7   section 626.556, subdivision 10h. 
  2.8      (e)  [RELEASE OF DATA TO MANDATED REPORTERS.] Release of 
  2.9   child abuse data to mandated reporters who have an ongoing 
  2.10  responsibility for the health, education, or welfare of a child 
  2.11  affected by the data is authorized under section 626.556, 
  2.12  subdivision 10j. 
  2.13     (f)  [RELEASE OF CHILD ABUSE INVESTIGATIVE RECORDS TO OTHER 
  2.14  COUNTIES.] Release of child abuse investigative records to local 
  2.15  welfare agencies is authorized under section 626.556, 
  2.16  subdivision 10k 11g. 
  2.17     (g)  [CLASSIFYING AND SHARING RECORDS AND REPORTS OF CHILD 
  2.18  ABUSE.] The classification of child abuse data and the sharing 
  2.19  of records and reports of child abuse by and between local 
  2.20  welfare agencies and law enforcement agencies are governed under 
  2.21  section 626.556, subdivision 11 11f. 
  2.22     (h)  [DISCLOSURE OF INFORMATION NOT REQUIRED IN CERTAIN 
  2.23  CASES.] Disclosure of certain data obtained from interviewing a 
  2.24  minor is governed by section 626.556, subdivision 11a. 
  2.25     (i)  [DATA RECEIVED FROM LAW ENFORCEMENT.] Classifying 
  2.26  child abuse data received by certain agencies from law 
  2.27  enforcement agencies is governed under section 626.556, 
  2.28  subdivision 11b. 
  2.29     (j)  [DISCLOSURE IN CHILD FATALITY CASES.] Disclosure of 
  2.30  information relating to a child fatality is governed under 
  2.31  section 626.556, subdivision 11d.  
  2.32     (k)  [REPORTS OF ALCOHOL ABUSE.] Data on persons making 
  2.33  reports under section 626.5563 are classified under section 
  2.34  626.5563, subdivision 5.  
  2.35     (l)  [VULNERABLE ADULT REPORT RECORDS.] Data contained in 
  2.36  vulnerable adult report records are classified under section 
  3.1   626.557, subdivision 12b.  
  3.2      (m)  [ADULT PROTECTION TEAM INFORMATION SHARING.] Sharing 
  3.3   of local welfare agency vulnerable adult data with a protection 
  3.4   team is governed by section 626.5571, subdivision 3. 
  3.5      (n)  [CHILD PROTECTION TEAM.] Data acquired by a case 
  3.6   consultation committee or subcommittee of a child protection 
  3.7   team are classified by section 626.558, subdivision 3.  
  3.8      (o)  [CHILD MALTREATMENT REPORTS PEER REVIEW PANEL.] 
  3.9   Sharing data of cases reviewed by the panel is governed under 
  3.10  section 626.5593, subdivision 2. 
  3.11     (p)  [PEACE OFFICER DISCIPLINE PROCEDURES.] Access by an 
  3.12  officer under investigation to the investigating agency's 
  3.13  investigative report on the officer is governed by section 
  3.14  626.89, subdivision 6.  
  3.15     Sec. 3.  Minnesota Statutes 2001 Supplement, section 
  3.16  626.5551, subdivision 2, is amended to read: 
  3.17     Subd. 2.  [USE OF ALTERNATIVE RESPONSE OR INVESTIGATION.] 
  3.18  (a) Upon receipt of a report under section 626.556, the local 
  3.19  welfare agency in a county that has established an alternative 
  3.20  response program under this section shall determine whether to 
  3.21  conduct an investigation using the traditional investigative 
  3.22  model under section 626.556 or to use an alternative response as 
  3.23  appropriate to prevent or provide a remedy for child 
  3.24  maltreatment.  Data collected and maintained for the purpose of 
  3.25  using the alternative response system are classified in section 
  3.26  626.556, subdivision 11f.  
  3.27     (b) The local welfare agency may conduct an investigation 
  3.28  of any report using the traditional investigative model under 
  3.29  section 626.556.  However, the local welfare agency must use the 
  3.30  traditional investigative model under section 626.556 to 
  3.31  investigate reports involving substantial child endangerment.  
  3.32  For purposes of this subdivision, substantial child endangerment 
  3.33  includes when a person responsible for a child's care, by act or 
  3.34  omission, commits or attempts to commit an act against a child 
  3.35  under their care that constitutes any of the following: 
  3.36     (1) egregious harm as defined in section 260C.007, 
  4.1   subdivision 14; 
  4.2      (2) sexual abuse as defined in section 626.556, subdivision 
  4.3   2, paragraph (a); 
  4.4      (3) abandonment under section 260C.301, subdivision 2; 
  4.5      (4) neglect as defined in section 626.556, subdivision 2, 
  4.6   paragraph (c), that substantially endangers the child's physical 
  4.7   or mental health, including a growth delay, which may be 
  4.8   referred to as failure to thrive, that has been diagnosed by a 
  4.9   physician and is due to parental neglect; 
  4.10     (5) murder in the first, second, or third degree under 
  4.11  section 609.185; 609.19; or 609.195; 
  4.12     (6) manslaughter in the first or second degree under 
  4.13  section 609.20 or 609.205; 
  4.14     (7) assault in the first, second, or third degree under 
  4.15  section 609.221; 609.222; or 609.223; 
  4.16     (8) solicitation, inducement, and promotion of prostitution 
  4.17  under section 609.322; 
  4.18     (9) criminal sexual conduct under sections 609.342 to 
  4.19  609.3451; 
  4.20     (10) solicitation of children to engage in sexual conduct 
  4.21  under section 609.352; 
  4.22     (11) malicious punishment or neglect or endangerment of a 
  4.23  child under section 609.377 or 609.378; or 
  4.24     (12) use of minor in sexual performance under section 
  4.25  617.246. 
  4.26     (c) Nothing in this section gives a county any broader 
  4.27  authority to intervene, assess, or investigate a family other 
  4.28  than under section 626.556. 
  4.29     (d) In addition, in all cases the local welfare agency 
  4.30  shall notify the appropriate law enforcement agency as provided 
  4.31  in section 626.556, subdivision 3. 
  4.32     (e) The local welfare agency shall begin an immediate 
  4.33  investigation under section 626.556 if at any time when it is 
  4.34  using an alternative response it determines that an 
  4.35  investigation is required under paragraph (b) or would otherwise 
  4.36  be appropriate.  The local welfare agency may use an alternative 
  5.1   response to a report that was initially referred for an 
  5.2   investigation if the agency determines that a complete 
  5.3   investigation is not required.  In determining that a complete 
  5.4   investigation is not required, the local welfare agency must 
  5.5   document the reason for terminating the investigation and 
  5.6   consult with: 
  5.7      (1) the local law enforcement agency, if the local law 
  5.8   enforcement is involved, and notify the county attorney of the 
  5.9   decision to terminate the investigation; or 
  5.10     (2) the county attorney, if the local law enforcement is 
  5.11  not involved. 
  5.12     Sec. 4.  Minnesota Statutes 2001 Supplement, section 
  5.13  626.556, subdivision 7, is amended to read: 
  5.14     Subd. 7.  [REPORT.] An oral report shall be made 
  5.15  immediately by telephone or otherwise.  An oral report made by a 
  5.16  person required under subdivision 3 to report shall be followed 
  5.17  within 72 hours, exclusive of weekends and holidays, by a report 
  5.18  in writing to the appropriate police department, the county 
  5.19  sheriff, the agency responsible for assessing or investigating 
  5.20  the report, or the local welfare agency, unless the appropriate 
  5.21  agency has informed the reporter that the oral information does 
  5.22  not constitute a report under subdivision 10.  Any report shall 
  5.23  be of sufficient content to identify the child, any person 
  5.24  believed to be responsible for the abuse or neglect of the child 
  5.25  if the person is known, the nature and extent of the abuse or 
  5.26  neglect and the name and address of the reporter.  If requested, 
  5.27  the local welfare agency or the agency responsible for assessing 
  5.28  or investigating the report shall inform the reporter within ten 
  5.29  days after the report is made, either orally or in writing, 
  5.30  whether the report was accepted for assessment or investigation. 
  5.31  Written reports received by a police department or the county 
  5.32  sheriff shall be forwarded immediately to the local welfare 
  5.33  agency or the agency responsible for assessing or investigating 
  5.34  the report.  The police department or the county sheriff may 
  5.35  keep copies of reports received by them.  Copies of written 
  5.36  reports received by a local welfare department or the agency 
  6.1   responsible for assessing or investigating the report shall be 
  6.2   forwarded immediately to the local police department or the 
  6.3   county sheriff. 
  6.4      A written copy of a report maintained by personnel of 
  6.5   agencies, other than welfare or law enforcement agencies, which 
  6.6   are subject to chapter 13 shall be confidential.  An individual 
  6.7   subject of the report may obtain access to the original report 
  6.8   as provided by subdivision 11.  Data under this subdivision are 
  6.9   classified in subdivision 11e.  
  6.10     Sec. 5.  Minnesota Statutes 2001 Supplement, section 
  6.11  626.556, subdivision 10, is amended to read: 
  6.12     Subd. 10.  [DUTIES OF LOCAL WELFARE AGENCY AND LOCAL LAW 
  6.13  ENFORCEMENT AGENCY UPON RECEIPT OF A REPORT.] (a) If the report 
  6.14  alleges neglect, physical abuse, or sexual abuse by a parent, 
  6.15  guardian, or individual functioning within the family unit as a 
  6.16  person responsible for the child's care, the local welfare 
  6.17  agency shall immediately conduct an assessment including 
  6.18  gathering information on the existence of substance abuse and 
  6.19  offer protective social services for purposes of preventing 
  6.20  further abuses, safeguarding and enhancing the welfare of the 
  6.21  abused or neglected minor, and preserving family life whenever 
  6.22  possible.  If the report alleges a violation of a criminal 
  6.23  statute involving sexual abuse, physical abuse, or neglect or 
  6.24  endangerment, under section 609.378, the local law enforcement 
  6.25  agency and local welfare agency shall coordinate the planning 
  6.26  and execution of their respective investigation and assessment 
  6.27  efforts to avoid a duplication of fact-finding efforts and 
  6.28  multiple interviews.  Each agency shall prepare a separate 
  6.29  report of the results of its investigation.  In cases of alleged 
  6.30  child maltreatment resulting in death, the local agency may rely 
  6.31  on the fact-finding efforts of a law enforcement investigation 
  6.32  to make a determination of whether or not maltreatment 
  6.33  occurred.  When necessary the local welfare agency shall seek 
  6.34  authority to remove the child from the custody of a parent, 
  6.35  guardian, or adult with whom the child is living.  In performing 
  6.36  any of these duties, the local welfare agency shall maintain 
  7.1   appropriate records.  
  7.2      If the assessment indicates there is a potential for abuse 
  7.3   of alcohol or other drugs by the parent, guardian, or person 
  7.4   responsible for the child's care, the local welfare agency shall 
  7.5   conduct a chemical use assessment pursuant to Minnesota Rules, 
  7.6   part 9530.6615.  The local welfare agency shall report the 
  7.7   determination of the chemical use assessment, and the 
  7.8   recommendations and referrals for alcohol and other drug 
  7.9   treatment services to the state authority on alcohol and drug 
  7.10  abuse. 
  7.11     (b) When a local agency receives a report or otherwise has 
  7.12  information indicating that a child who is a client, as defined 
  7.13  in section 245.91, has been the subject of physical abuse, 
  7.14  sexual abuse, or neglect at an agency, facility, or program as 
  7.15  defined in section 245.91, it shall, in addition to its other 
  7.16  duties under this section, immediately inform the ombudsman 
  7.17  established under sections 245.91 to 245.97.  The commissioner 
  7.18  of children, families, and learning shall inform the ombudsman 
  7.19  established under sections 245.91 to 245.97 of reports regarding 
  7.20  a child defined as a client in section 245.91 that maltreatment 
  7.21  occurred at a school as defined in sections 120A.05, 
  7.22  subdivisions 9, 11, and 13, and 124D.10. 
  7.23     (c) Authority of the local welfare agency responsible for 
  7.24  assessing the child abuse or neglect report, the agency 
  7.25  responsible for assessing or investigating the report, and of 
  7.26  the local law enforcement agency for investigating the alleged 
  7.27  abuse or neglect includes, but is not limited to, authority to 
  7.28  interview, without parental consent, the alleged victim and any 
  7.29  other minors who currently reside with or who have resided with 
  7.30  the alleged offender.  The interview may take place at school or 
  7.31  at any facility or other place where the alleged victim or other 
  7.32  minors might be found or the child may be transported to, and 
  7.33  the interview conducted at, a place appropriate for the 
  7.34  interview of a child designated by the local welfare agency or 
  7.35  law enforcement agency.  The interview may take place outside 
  7.36  the presence of the alleged offender or parent, legal custodian, 
  8.1   guardian, or school official.  Except as provided in this 
  8.2   paragraph, the parent, legal custodian, or guardian shall be 
  8.3   notified by the responsible local welfare or law enforcement 
  8.4   agency no later than the conclusion of the investigation or 
  8.5   assessment that this interview has occurred.  Notwithstanding 
  8.6   rule 49.02 of the Minnesota rules of procedure for juvenile 
  8.7   courts, the juvenile court may, after hearing on an ex parte 
  8.8   motion by the local welfare agency, order that, where reasonable 
  8.9   cause exists, the agency withhold notification of this interview 
  8.10  from the parent, legal custodian, or guardian.  If the interview 
  8.11  took place or is to take place on school property, the order 
  8.12  shall specify that school officials may not disclose to the 
  8.13  parent, legal custodian, or guardian the contents of the 
  8.14  notification of intent to interview the child on school 
  8.15  property, as provided under this paragraph, and any other 
  8.16  related information regarding the interview that may be a part 
  8.17  of the child's school record.  A copy of the order shall be sent 
  8.18  by the local welfare or law enforcement agency to the 
  8.19  appropriate school official. 
  8.20     (d) When the local welfare, local law enforcement agency, 
  8.21  or the agency responsible for assessing or investigating a 
  8.22  report of maltreatment determines that an interview should take 
  8.23  place on school property, written notification of intent to 
  8.24  interview the child on school property must be received by 
  8.25  school officials prior to the interview.  The notification shall 
  8.26  include the name of the child to be interviewed, the purpose of 
  8.27  the interview, and a reference to the statutory authority to 
  8.28  conduct an interview on school property.  For interviews 
  8.29  conducted by the local welfare agency, the notification shall be 
  8.30  signed by the chair of the local social services agency or the 
  8.31  chair's designee.  The notification shall be private data on 
  8.32  individuals subject to the provisions of this paragraph.  School 
  8.33  officials may not disclose to the parent, legal custodian, or 
  8.34  guardian the contents of the notification or any other related 
  8.35  information regarding the interview until notified in writing by 
  8.36  the local welfare or law enforcement agency that the 
  9.1   investigation or assessment has been concluded, unless a school 
  9.2   employee or agent is alleged to have maltreated the child.  
  9.3   Until that time, the local welfare or law enforcement agency or 
  9.4   the agency responsible for assessing or investigating a report 
  9.5   of maltreatment shall be solely responsible for any disclosures 
  9.6   regarding the nature of the assessment or investigation.  
  9.7      Except where the alleged offender is believed to be a 
  9.8   school official or employee, the time and place, and manner of 
  9.9   the interview on school premises shall be within the discretion 
  9.10  of school officials, but the local welfare or law enforcement 
  9.11  agency shall have the exclusive authority to determine who may 
  9.12  attend the interview.  The conditions as to time, place, and 
  9.13  manner of the interview set by the school officials shall be 
  9.14  reasonable and the interview shall be conducted not more than 24 
  9.15  hours after the receipt of the notification unless another time 
  9.16  is considered necessary by agreement between the school 
  9.17  officials and the local welfare or law enforcement agency.  
  9.18  Where the school fails to comply with the provisions of this 
  9.19  paragraph, the juvenile court may order the school to comply.  
  9.20  Every effort must be made to reduce the disruption of the 
  9.21  educational program of the child, other students, or school 
  9.22  staff when an interview is conducted on school premises.  
  9.23     (e) Where the alleged offender or a person responsible for 
  9.24  the care of the alleged victim or other minor prevents access to 
  9.25  the victim or other minor by the local welfare agency, the 
  9.26  juvenile court may order the parents, legal custodian, or 
  9.27  guardian to produce the alleged victim or other minor for 
  9.28  questioning by the local welfare agency or the local law 
  9.29  enforcement agency outside the presence of the alleged offender 
  9.30  or any person responsible for the child's care at reasonable 
  9.31  places and times as specified by court order.  
  9.32     (f) Before making an order under paragraph (e), the court 
  9.33  shall issue an order to show cause, either upon its own motion 
  9.34  or upon a verified petition, specifying the basis for the 
  9.35  requested interviews and fixing the time and place of the 
  9.36  hearing.  The order to show cause shall be served personally and 
 10.1   shall be heard in the same manner as provided in other cases in 
 10.2   the juvenile court.  The court shall consider the need for 
 10.3   appointment of a guardian ad litem to protect the best interests 
 10.4   of the child.  If appointed, the guardian ad litem shall be 
 10.5   present at the hearing on the order to show cause.  
 10.6      (g) The commissioner of human services, the ombudsman for 
 10.7   mental health and mental retardation, the local welfare agencies 
 10.8   responsible for investigating reports, the commissioner of 
 10.9   children, families, and learning, and the local law enforcement 
 10.10  agencies have the right to enter facilities as defined in 
 10.11  subdivision 2 and to inspect and copy the facility's records, 
 10.12  including medical records, as part of the investigation.  
 10.13  Notwithstanding the provisions of chapter 13, they also have the 
 10.14  right to inform the facility under investigation that they are 
 10.15  conducting an investigation, to disclose to the facility the 
 10.16  names of the individuals under investigation for abusing or 
 10.17  neglecting a child, and to provide the facility with a copy of 
 10.18  the report and the investigative findings. 
 10.19     (h) The local welfare agency or the agency responsible for 
 10.20  assessing or investigating the report shall collect available 
 10.21  and relevant information to ascertain whether maltreatment 
 10.22  occurred and whether protective services are needed.  
 10.23  Information collected includes, when relevant, information with 
 10.24  regard to the person reporting the alleged maltreatment, 
 10.25  including the nature of the reporter's relationship to the child 
 10.26  and to the alleged offender, and the basis of the reporter's 
 10.27  knowledge for the report; the child allegedly being maltreated; 
 10.28  the alleged offender; the child's caretaker; and other 
 10.29  collateral sources having relevant information related to the 
 10.30  alleged maltreatment.  The local welfare agency or the agency 
 10.31  responsible for assessing or investigating the report may make a 
 10.32  determination of no maltreatment early in an assessment, and 
 10.33  close the case and retain immunity, if the collected information 
 10.34  shows no basis for a full assessment or investigation. 
 10.35     Information relevant to the assessment or investigation 
 10.36  must be asked for, and may include: 
 11.1      (1) the child's sex and age, prior reports of maltreatment, 
 11.2   information relating to developmental functioning, credibility 
 11.3   of the child's statement, and whether the information provided 
 11.4   under this clause is consistent with other information collected 
 11.5   during the course of the assessment or investigation; 
 11.6      (2) the alleged offender's age, a record check for prior 
 11.7   reports of maltreatment, and criminal charges and convictions.  
 11.8   The local welfare agency or the agency responsible for assessing 
 11.9   or investigating the report must provide the alleged offender 
 11.10  with an opportunity to make a statement.  The alleged offender 
 11.11  may submit supporting documentation relevant to the assessment 
 11.12  or investigation; 
 11.13     (3) collateral source information regarding the alleged 
 11.14  maltreatment and care of the child.  Collateral information 
 11.15  includes, when relevant:  (i) a medical examination of the 
 11.16  child; (ii) prior medical records relating to the alleged 
 11.17  maltreatment or the care of the child maintained by any 
 11.18  facility, clinic, or health care professional and an interview 
 11.19  with the treating professionals; and (iii) interviews with the 
 11.20  child's caretakers, including the child's parent, guardian, 
 11.21  foster parent, child care provider, teachers, counselors, family 
 11.22  members, relatives, and other persons who may have knowledge 
 11.23  regarding the alleged maltreatment and the care of the child; 
 11.24  and 
 11.25     (4) information on the existence of domestic abuse and 
 11.26  violence in the home of the child, and substance abuse. 
 11.27     Nothing in this paragraph precludes the local welfare 
 11.28  agency, the local law enforcement agency, or the agency 
 11.29  responsible for assessing or investigating the report from 
 11.30  collecting other relevant information necessary to conduct the 
 11.31  assessment or investigation.  Notwithstanding section 13.384 or 
 11.32  144.335, the local welfare agency has access to medical data and 
 11.33  records for purposes of clause (3).  Notwithstanding the data's 
 11.34  classification in the possession of any other agency, data 
 11.35  acquired by the local welfare agency or the agency responsible 
 11.36  for assessing or investigating the report during the course of 
 12.1   the assessment or investigation are private data on individuals 
 12.2   and must be maintained in accordance with subdivision 11.  Data 
 12.3   of the commissioner of children, families, and learning 
 12.4   collected or maintained during and for the purpose of an 
 12.5   investigation of alleged maltreatment in a school are governed 
 12.6   by this section, notwithstanding the data's classification as 
 12.7   educational, licensing, or personnel data under chapter 13. 
 12.8      In conducting an assessment or investigation involving a 
 12.9   school facility as defined in subdivision 2, paragraph (f), the 
 12.10  commissioner of children, families, and learning shall collect 
 12.11  investigative reports and data that are relevant to a report of 
 12.12  maltreatment and are from local law enforcement and the school 
 12.13  facility.  
 12.14     (i) In the initial stages of an assessment or 
 12.15  investigation, the local welfare agency shall conduct a 
 12.16  face-to-face observation of the child reported to be maltreated 
 12.17  and a face-to-face interview of the alleged offender.  The 
 12.18  interview with the alleged offender may be postponed if it would 
 12.19  jeopardize an active law enforcement investigation. 
 12.20     (j) The local welfare agency shall use a question and 
 12.21  answer interviewing format with questioning as nondirective as 
 12.22  possible to elicit spontaneous responses.  The following 
 12.23  interviewing methods and procedures must be used whenever 
 12.24  possible when collecting information: 
 12.25     (1) audio recordings of all interviews with witnesses and 
 12.26  collateral sources; and 
 12.27     (2) in cases of alleged sexual abuse, audio-video 
 12.28  recordings of each interview with the alleged victim and child 
 12.29  witnesses.  
 12.30     (k) In conducting an assessment or investigation involving 
 12.31  a school facility as defined in subdivision 2, paragraph (f), 
 12.32  the commissioner of children, families, and learning shall 
 12.33  collect available and relevant information and use the 
 12.34  procedures in paragraphs (h), (i), and (j), provided that the 
 12.35  commissioner may also base the assessment or investigation on 
 12.36  investigative reports and data received from the school facility 
 13.1   and local law enforcement, to the extent those investigations 
 13.2   satisfy the requirements of paragraphs (h), (i), and (j). 
 13.3      Sec. 6.  Minnesota Statutes 2001 Supplement, section 
 13.4   626.556, subdivision 10e, is amended to read: 
 13.5      Subd. 10e.  [DETERMINATIONS.] Upon the conclusion of every 
 13.6   assessment or investigation it conducts, the local welfare 
 13.7   agency shall make two determinations:  first, whether 
 13.8   maltreatment has occurred; and second, whether child protective 
 13.9   services are needed.  Upon the conclusion of an assessment or 
 13.10  investigation by the commissioner of children, families, and 
 13.11  learning, the commissioner shall determine whether maltreatment 
 13.12  occurred and what corrective or protective action was taken by 
 13.13  the school facility.  If a determination is made that 
 13.14  maltreatment has occurred, the commissioner shall report to the 
 13.15  employer, the school board, and any appropriate licensing entity 
 13.16  the determination that maltreatment occurred and what corrective 
 13.17  or protective action was taken by the school facility.  In all 
 13.18  other cases, the commissioner shall inform the school board or 
 13.19  employer that a report was received, the subject of the report, 
 13.20  the date of the initial report, the category of maltreatment 
 13.21  alleged as defined in paragraph (a), the fact that maltreatment 
 13.22  was not determined, and a summary of the specific reasons for 
 13.23  the determination.  When maltreatment is determined in an 
 13.24  investigation involving a facility, the investigating agency 
 13.25  shall also determine whether the facility or individual was 
 13.26  responsible, or whether both the facility and the individual 
 13.27  were responsible for the maltreatment using the mitigating 
 13.28  factors in paragraph (d).  Determinations under this subdivision 
 13.29  must be made based on a preponderance of the evidence and are 
 13.30  private data on individuals or nonpublic data as maintained by 
 13.31  the commissioner of children, families, and learning.  Data 
 13.32  under this subdivision are classified in subdivision 11f.  
 13.33     (a) For the purposes of this subdivision, "maltreatment" 
 13.34  means any of the following acts or omissions: 
 13.35     (1) physical abuse as defined in subdivision 2, paragraph 
 13.36  (d); 
 14.1      (2) neglect as defined in subdivision 2, paragraph (c); 
 14.2      (3) sexual abuse as defined in subdivision 2, paragraph 
 14.3   (a); 
 14.4      (4) mental injury as defined in subdivision 2, paragraph 
 14.5   (k); or 
 14.6      (5) maltreatment of a child in a facility as defined in 
 14.7   subdivision 2, paragraph (f). 
 14.8      (b) For the purposes of this subdivision, a determination 
 14.9   that child protective services are needed means that the local 
 14.10  welfare agency has documented conditions during the assessment 
 14.11  or investigation sufficient to cause a child protection worker, 
 14.12  as defined in section 626.559, subdivision 1, to conclude that a 
 14.13  child is at significant risk of maltreatment if protective 
 14.14  intervention is not provided and that the individuals 
 14.15  responsible for the child's care have not taken or are not 
 14.16  likely to take actions to protect the child from maltreatment or 
 14.17  risk of maltreatment. 
 14.18     (c) This subdivision does not mean that maltreatment has 
 14.19  occurred solely because the child's parent, guardian, or other 
 14.20  person responsible for the child's care in good faith selects 
 14.21  and depends upon spiritual means or prayer for treatment or care 
 14.22  of disease or remedial care of the child, in lieu of medical 
 14.23  care.  However, if lack of medical care may result in serious 
 14.24  danger to the child's health, the local welfare agency may 
 14.25  ensure that necessary medical services are provided to the child.
 14.26     (d) When determining whether the facility or individual is 
 14.27  the responsible party for determined maltreatment in a facility, 
 14.28  the investigating agency shall consider at least the following 
 14.29  mitigating factors: 
 14.30     (1) whether the actions of the facility or the individual 
 14.31  caregivers were according to, and followed the terms of, an 
 14.32  erroneous physician order, prescription, individual care plan, 
 14.33  or directive; however, this is not a mitigating factor when the 
 14.34  facility or caregiver was responsible for the issuance of the 
 14.35  erroneous order, prescription, individual care plan, or 
 14.36  directive or knew or should have known of the errors and took no 
 15.1   reasonable measures to correct the defect before administering 
 15.2   care; 
 15.3      (2) comparative responsibility between the facility, other 
 15.4   caregivers, and requirements placed upon an employee, including 
 15.5   the facility's compliance with related regulatory standards and 
 15.6   the adequacy of facility policies and procedures, facility 
 15.7   training, an individual's participation in the training, the 
 15.8   caregiver's supervision, and facility staffing levels and the 
 15.9   scope of the individual employee's authority and discretion; and 
 15.10     (3) whether the facility or individual followed 
 15.11  professional standards in exercising professional judgment. 
 15.12     Individual counties may implement more detailed definitions 
 15.13  or criteria that indicate which allegations to investigate, as 
 15.14  long as a county's policies are consistent with the definitions 
 15.15  in the statutes and rules and are approved by the county board.  
 15.16  Each local welfare agency shall periodically inform mandated 
 15.17  reporters under subdivision 3 who work in the county of the 
 15.18  definitions of maltreatment in the statutes and rules and any 
 15.19  additional definitions or criteria that have been approved by 
 15.20  the county board. 
 15.21     Sec. 7.  Minnesota Statutes 2000, section 626.556, 
 15.22  subdivision 11c, is amended to read: 
 15.23     Subd. 11c.  [WELFARE, COURT SERVICES AGENCY, AND SCHOOL 
 15.24  RECORDS MAINTAINED.] Notwithstanding sections 138.163 and 
 15.25  138.17, records maintained or records derived from reports of 
 15.26  abuse by local welfare agencies, agencies responsible for 
 15.27  assessing or investigating the report, court services agencies, 
 15.28  or schools under this section shall be destroyed as provided in 
 15.29  paragraphs (a) to (d) by the responsible authority. 
 15.30     (a) If upon assessment or investigation there is no 
 15.31  determination of maltreatment or the need for child protective 
 15.32  services, the records must be maintained for a period of four 
 15.33  years.  Records under this paragraph may not be used for 
 15.34  employment, background checks, or purposes other than to assist 
 15.35  in future risk and safety assessments.  Data maintained under 
 15.36  this paragraph include information given to the agency by a 
 16.1   person making a report under subdivision 3, notwithstanding that 
 16.2   the agency determined that the information received does not 
 16.3   constitute a report of maltreatment.  
 16.4      (b) All records relating to reports which, upon assessment 
 16.5   or investigation, indicate either maltreatment or a need for 
 16.6   child protective services shall be maintained for at least ten 
 16.7   years after the date of the final entry in the case record. 
 16.8      (c) All records regarding a report of maltreatment, 
 16.9   including any notification of intent to interview which was 
 16.10  received by a school under subdivision 10, paragraph (d), shall 
 16.11  be destroyed by the school when ordered to do so by the agency 
 16.12  conducting the assessment or investigation.  The agency shall 
 16.13  order the destruction of the notification when other records 
 16.14  relating to the report under investigation or assessment are 
 16.15  destroyed under this subdivision. 
 16.16     (d) Private or confidential data released to a court 
 16.17  services agency under subdivision 10h must be destroyed by the 
 16.18  court services agency when ordered to do so by the local welfare 
 16.19  agency that released the data.  The local welfare agency or 
 16.20  agency responsible for assessing or investigating the report 
 16.21  shall order destruction of the data when other records relating 
 16.22  to the assessment or investigation are destroyed under this 
 16.23  subdivision. 
 16.24     Sec. 8.  Minnesota Statutes 2000, section 626.556, is 
 16.25  amended by adding a subdivision to read: 
 16.26     Subd. 11e.  [CLASSIFICATION OF DATA IN REPORTS.] (a) 
 16.27  Voluntary and mandatory reports of alleged maltreatment are 
 16.28  private data on individuals as defined in section 13.02, 
 16.29  subdivision 12, except that data identifying the reporter are 
 16.30  confidential data as defined in section 13.02, subdivision 3.  
 16.31  The identity of the reporter remains confidential after an 
 16.32  investigation or assessment is complete. 
 16.33     (b) A written copy of a report made under subdivision 7 and 
 16.34  maintained by personnel of government entities that are subject 
 16.35  to chapter 13, other than welfare or law enforcement agencies, 
 16.36  is confidential.  An individual subject of the report may obtain 
 17.1   access to the original report as provided by paragraph (a).  
 17.2      Sec. 9.  Minnesota Statutes 2000, section 626.556, is 
 17.3   amended by adding a subdivision to read: 
 17.4      Subd. 11f.  [CLASSIFICATION OF DATA IN ENTITIES RESPONDING 
 17.5   TO REPORT.] (a) Government data created, collected, or 
 17.6   maintained as part of an assessment or investigation of an 
 17.7   allegation of maltreatment made under subdivision 7 or elsewhere 
 17.8   are treated as provided in this subdivision.  
 17.9      (b) When a local welfare agency chooses to use section 
 17.10  626.5551 to respond to a report of maltreatment, the data 
 17.11  collected for the purpose of the assessment and for conducting 
 17.12  an alternative response are private data on individuals as 
 17.13  defined in section 13.02, except for the identity of the 
 17.14  reporter, which is confidential.  
 17.15     (c) When a local welfare agency or an agency responsible 
 17.16  for investigating a report chooses to investigate the report and 
 17.17  not use the alternative response system, the investigative data, 
 17.18  including data received from another government entity, are 
 17.19  confidential data while the investigation is ongoing.  Once a 
 17.20  determination has been made under subdivision 10e, the data 
 17.21  maintained by the local welfare agency or agency responsible for 
 17.22  investigating a report, regardless of its source, become private 
 17.23  data.  
 17.24     (d) When a law enforcement agency investigates a report of 
 17.25  maltreatment as a crime, the data are subject to section 13.82.  
 17.26     (e) Data maintained by the commissioner of children, 
 17.27  families, and learning are governed by this subdivision, 
 17.28  notwithstanding the data's classification as educational, 
 17.29  licensing, or personnel data under chapter 13.  
 17.30     (f) Notwithstanding sections 13.39; 13.46, subdivision 3; 
 17.31  and 13.82, subdivision 7, the data continue to be private once a 
 17.32  determination has been made under subdivision 10e, except that 
 17.33  the identity of the reporter remains confidential.  
 17.34     (g) Data that would identify an individual who made a 
 17.35  voluntary or mandatory report of alleged maltreatment of a child 
 17.36  are confidential data on individuals wherever that data appear 
 18.1   in reports, investigative data, or elsewhere in a law 
 18.2   enforcement agency, a local welfare agency, or an agency 
 18.3   responsible for investigating the report.  An alleged or actual 
 18.4   perpetrator of maltreatment may compel disclosure of the 
 18.5   identity of the reporter only with the consent of the reporter 
 18.6   or on a written finding by a court that the report was false and 
 18.7   that there is evidence it was made in bad faith.  
 18.8      Sec. 10.  Minnesota Statutes 2000, section 626.556, is 
 18.9   amended by adding a subdivision to read: 
 18.10     Subd. 11g.  [DATA COLLECTION AND SHARING.] (a) Nothing in 
 18.11  this section precludes a local welfare agency or an agency 
 18.12  responsible for investigating a report or a law enforcement 
 18.13  agency from collecting other relevant information necessary to 
 18.14  conduct the assessment or investigation.  
 18.15     (b) Notwithstanding section 13.384 or 144.335, the local 
 18.16  welfare agency has access to medical data and records for 
 18.17  purposes of subdivision 10, paragraph (h), clause (3).  
 18.18     (c) A local welfare agency or an agency responsible for 
 18.19  investigating a report shall share confidential or private data 
 18.20  with a law enforcement agency and a law enforcement agency shall 
 18.21  share confidential data with a local welfare agency or an agency 
 18.22  responsible for investigating a report.  Data received by a 
 18.23  local welfare agency or an agency responsible for investigating 
 18.24  a report from a law enforcement agency are confidential data 
 18.25  while the investigation is active.  
 18.26     (d) Reports received by a local law enforcement agency 
 18.27  under subdivision 7 must be made available to the investigating, 
 18.28  petitioning, or prosecuting authority, including county medical 
 18.29  examiners or county coroners.  Section 13.82, subdivisions 7, 8, 
 18.30  and 9, apply to law enforcement data other than the reports.  
 18.31     (e) A local welfare agency or an agency responsible for the 
 18.32  investigation of a report shall make all government data 
 18.33  relating to a specific incident of neglect or abuse that is 
 18.34  under investigation, petition, prosecution, or service provision 
 18.35  and any data concerning any prior incidents of neglect or abuse 
 18.36  involving any of the same persons available to the 
 19.1   investigating, petitioning, prosecuting, or service provision 
 19.2   authority, including county medical examiners or county coroners 
 19.3   or their professional delegates.  
 19.4      (f) Records maintained under subdivision 11c, paragraph 
 19.5   (a), may be shared with another local welfare agency that 
 19.6   requests the information because it is conducting an 
 19.7   investigation or providing services under this section.  
 19.8      (g) On the request of the legislative auditor, data on 
 19.9   individuals maintained under this section must be released to 
 19.10  the legislative auditor in order for the auditor to fulfill the 
 19.11  auditor's duties under section 3.971.  The auditor shall 
 19.12  maintain the data in accordance with chapter 13.  
 19.13     (h) The commissioner of children, families, and learning 
 19.14  must be provided with all requested data that are relevant to a 
 19.15  report of maltreatment and are in possession of a school 
 19.16  facility as defined in subdivision 2, paragraph (f), when the 
 19.17  data are requested pursuant to an assessment or investigation of 
 19.18  a maltreatment report of a student in a school.  If the 
 19.19  commissioner of children, families, and learning makes a 
 19.20  determination of maltreatment involving an individual performing 
 19.21  work within a school facility who is licensed by a board or 
 19.22  other agency, the commissioner shall provide necessary and 
 19.23  relevant information to the licensing entity to enable the 
 19.24  entity to fulfill its statutory duties.  Notwithstanding section 
 19.25  13.03, subdivision 4, data received by a licensing entity under 
 19.26  this paragraph are governed by section 13.41 or other applicable 
 19.27  law governing data of the receiving entity, except that this 
 19.28  section applies to the classification of and access to data on 
 19.29  the reporter of the maltreatment.  
 19.30     (i) The investigating agency shall exchange not public data 
 19.31  with the child maltreatment review panel under section 256.022 
 19.32  if the data are pertinent and necessary for a review requested 
 19.33  under section 256.022.  Upon completion of the review, the not 
 19.34  public data received by the review panel must be returned to the 
 19.35  investigating agency.  
 19.36     (j) In conducting investigations and assessments under this 
 20.1   section, the notice required by section 13.04, subdivision 2, 
 20.2   need not be provided to a minor under the age of ten who is the 
 20.3   alleged victim of abuse or neglect.  
 20.4      (k) Any person conducting an investigation or assessment 
 20.5   under this section who intentionally discloses the identity of a 
 20.6   reporter prior to the completion of the investigation is guilty 
 20.7   of a misdemeanor.  
 20.8      (l) This section does not alter disclosure responsibilities 
 20.9   under the rules of criminal procedure or the juvenile court 
 20.10  rules.  
 20.11     Sec. 11.  [REPEALER.] 
 20.12     Minnesota Statutes 2000, section 626.556, subdivisions 10k 
 20.13  and 11, are repealed.