SF 1805

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; designating certain student maltreatment investigation data
as confidential; amending Minnesota Statutes 2006, section 626.556, subdivision
11.

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

Section 1.

Minnesota Statutes 2006, section 626.556, subdivision 11, is amended to
read:

Subd. 11.

Records.

(a) Except as provided in paragraph (b) or deleted text begin (d) deleted text end new text begin (e) new text end and
subdivisions 10b, 10d, 10g, and 11b, all records concerning individuals maintained by a
local welfare agency or agency responsible for assessing or investigating the report under
this section, including any written reports filed under subdivision 7, shall be private data
on individuals, except insofar as copies of reports are required by subdivision 7 to be sent
to the local police department or the county sheriff. All records concerning determinations
of maltreatment by a facility are nonpublic data as maintained by the Department of
Education, except insofar as copies of reports are required by subdivision 7 to be sent
to the local police department or the county sheriff. Reports maintained by any police
department or the county sheriff shall be private data on individuals except the reports
shall be made available to the investigating, petitioning, or prosecuting authority, including
county medical examiners or county coroners. Section 13.82, subdivisions 8, 9, and 14,
apply to law enforcement data other than the reports. The local social services agency or
agency responsible for assessing or investigating the report shall make available to the
investigating, petitioning, or prosecuting authority, including county medical examiners or
county coroners or their professional delegates, any records which contain information
relating to a specific incident of neglect or abuse which is under investigation, petition, or
prosecution and information relating to any prior incidents of neglect or abuse involving
any of the same persons. The records shall be collected and maintained in accordance with
the provisions of chapter 13. In conducting investigations and assessments pursuant to
this section, the notice required by section 13.04, subdivision 2, need not be provided to a
minor under the age of ten who is the alleged victim of abuse or neglect. An individual
subject of a record shall have access to the record in accordance with those sections,
except that the name of the reporter shall be confidential while the report is under
assessment or investigation except as otherwise permitted by this subdivision. Any person
conducting an investigation or assessment under this section who intentionally discloses
the identity of a reporter prior to the completion of the investigation or assessment is
guilty of a misdemeanor. After the assessment or investigation is completed, the name of
the reporter shall be confidential. The subject of the report may compel disclosure of the
name of the reporter only with the consent of the reporter or upon a written finding by
the court that the report was false and that there is evidence that the report was made in
bad faith. This subdivision does not alter disclosure responsibilities or obligations under
the Rules of Criminal Procedure.

(b) Upon request of the legislative auditor, data on individuals maintained under
this section must be released to the legislative auditor in order for the auditor to fulfill the
auditor's duties under section 3.971. The auditor shall maintain the data in accordance
with chapter 13.

(c) The commissioner of education must be provided with all requested data that are
relevant to a report of maltreatment and are in possession of a school facility as defined
in subdivision 2, paragraph (i), when the data is requested pursuant to an assessment or
investigation of a maltreatment report of a student in a school. If the commissioner of
education makes a determination of maltreatment involving an individual performing
work within a school facility who is licensed by a board or other agency, the commissioner
shall provide necessary and relevant information to the licensing entity to enable the
entity to fulfill its statutory duties. Notwithstanding section 13.03, subdivision 4, data
received by a licensing entity under this paragraph are governed by section 13.41 or other
applicable law governing data of the receiving entity, except that this section applies to the
classification of and access to data on the reporter of the maltreatment.

new text begin (d) Data generated, collected, or maintained in the course of a maltreatment
investigation conducted by the commissioner of education is confidential data, except
those that are required by subdivision 7 to be sent to the local law enforcement agency.
Data on a closed or inactive maltreatment investigation by the commissioner of education
is private data; except those that are required by subdivision 7 to be sent to the local
law enforcement agency.
new text end

deleted text begin (d) deleted text end new text begin (e) new text end The investigating agency shall exchange not public data with the Child
Maltreatment Review Panel under section 256.022 if the data are pertinent and necessary
for a review requested under section 256.022. Upon completion of the review, the not
public data received by the review panel must be returned to the investigating agency.