Minnesota Legislature
SF 4435
as introduced - 92nd Legislature (2021 - 2022) Posted on 09/07/2022 09:24am
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A bill for an act
relating to child maltreatment; modifying child maltreatment family assessment
and investigation requirements; providing immunity for minors who make a child
maltreatment report or assist in a child maltreatment assessment or investigation;
amending Minnesota Statutes 2020, sections 260E.22, subdivision 2; 260E.24,
subdivision 2; 260E.34; Minnesota Statutes 2021 Supplement, section 260E.20,
subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2021 Supplement, section 260E.20, subdivision 2, is amended
to read:
Subd. 2.
Face-to-face contact.
(a) Upon receipt of a screened in report, the local welfare
agency shall conduct a face-to-face contact with the child reported to be maltreated and
with the child's primary caregiver sufficient to complete a safety assessment and ensure the
immediate safety of the child.new text begin If the report alleges maltreatment that presents a significant
safety concern, the local welfare agency or agency responsible for assessing or investigating
the report is not required to provide notice before conducting the initial face-to-face contact
with the child and the child's primary caregiver.
new text end
(b) The face-to-face contact with the child and primary caregiver shall occur immediately
if sexual abuse or substantial child endangerment is alleged and within five calendar days
for all other reports. If the alleged offender was not already interviewed as the primary
caregiver, the local welfare agency shall also conduct a face-to-face interview with the
alleged offender in the early stages of the assessment or investigation. Face-to-face contact
with the child and primary caregiver in response to a report alleging sexual abuse or
substantial child endangerment may be postponed for no more than five calendar days if
the child is residing in a location that is confirmed to restrict contact with the alleged offender
as established in guidelines issued by the commissioner, or if the local welfare agency is
pursuing a court order for the child's caregiver to produce the child for questioning under
section 260E.22, subdivision 5.
(c) At the initial contact with the alleged offender, the local welfare agency or the agency
responsible for assessing or investigating the report must inform the alleged offender of the
complaints or allegations made against the individual in a manner consistent with laws
protecting the rights of the person who made the report. The interview with the alleged
offender may be postponed if it would jeopardize an active law enforcement investigation.
(d) The local welfare agency or the agency responsible for assessing or investigating
the report must provide the alleged offender with an opportunity to make a statement. The
alleged offender may submit supporting documentation relevant to the assessment or
investigation.
Sec. 2.
Minnesota Statutes 2020, section 260E.22, subdivision 2, is amended to read:
Subd. 2.
Child interview procedure.
(a) The interview may take place at school or at
any facility or other place where the alleged victim or other children might be found or the
child may be transported to, and the interview may be conducted at a place appropriate for
the interview of a child designated by the local welfare agency or law enforcement agency.
(b)new text begin Other than in exceptional circumstances,new text end the interview deleted text begin maydeleted text end new text begin mustnew text end take place outside
the presence of the alleged offender or parent, legal custodian, guardian, or school officialdeleted text begin .deleted text end new text begin
and must take place prior to any interviews of the alleged offender or parent, legal custodian,
guardian, or school official.
new text end
(c) deleted text begin For a family assessment, it is the preferred practice to request a parent or guardian's
permission to interview the child before conducting the child interview, unless doing so
would compromise the safety assessmentdeleted text end new text begin The child interview may proceed without a parent's
or guardian's permissionnew text end .
new text begin
(d) An interview of a child in foster care who is over four years of age must take place
outside the presence of the child's foster parent or parents.
new text end
Sec. 3.
Minnesota Statutes 2020, section 260E.24, subdivision 2, is amended to read:
Subd. 2.
Determination after family assessment.
After conducting a family assessment,
the local welfare agency shall determine whether child protective services are needed to
address the safety of the child and other family members and the risk of subsequent
maltreatment.new text begin The local welfare agency must document the information collected under
section 260E.20, subdivision 3, related to the completed family assessment in the child's or
family's case notes.
new text end
Sec. 4.
Minnesota Statutes 2020, section 260E.34, is amended to read:
260E.34 IMMUNITY.
(a) The following persons are immune from any civil or criminal liability that otherwise
might result from the person's actions if the person is acting in good faith:
(1) a person making a voluntary or mandated report under this chapter or assisting in an
assessment under this chapter;
(2) a person with responsibility for performing duties under this section or supervisor
employed by a local welfare agency, the commissioner of an agency responsible for operating
or supervising a licensed or unlicensed day care facility, residential facility, agency, hospital,
sanitarium, or other facility or institution required to be licensed or certified under sections
144.50 to 144.58; 241.021; 245A.01 to 245A.16; or chapter 245B or 245H; or a school as
defined in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E; or a nonlicensed
personal care provider organization as defined in section 256B.0625, subdivision 19a,
complying with sections 260E.23, subdivisions 2 and 3, and 260E.30; and
(3) a public or private school, facility as defined in section 260E.03, or the employee of
any public or private school or facility who permits access by a local welfare agency, the
Department of Education, or a local law enforcement agency and assists in an investigation
or assessment pursuant to this chapter.
(b) A person who is a supervisor or person with responsibility for performing duties
under this chapter employed by a local welfare agency, the commissioner of human services,
or the commissioner of education complying with this chapter or any related rule or provision
of law is immune from any civil or criminal liability that might otherwise result from the
person's actions if the person is (1) acting in good faith and exercising due care, or (2) acting
in good faith and following the information collection procedures established under section
260E.20, subdivision 3.
(c) Any physician or other medical personnel administering a toxicology test under
section 260E.32 to determine the presence of a controlled substance in a pregnant woman,
in a woman within eight hours after delivery, or in a child at birth or during the first month
of life is immune from civil or criminal liability arising from administration of the test if
the physician ordering the test believes in good faith that the test is required under this
section and the test is administered in accordance with an established protocol and reasonable
medical practice.
(d) This section does not provide immunity to any person for failure to make a required
report or for committing maltreatment.
(e) If a person who makes a voluntary or mandatory report under section 260E.06 prevails
in a civil action from which the person has been granted immunity under this section, the
court may award the person attorney fees and costs.
new text begin
(f) A person under 18 years of age who makes a report under this chapter or assists in
an assessment or investigation under this chapter is immune from any civil or criminal
liability that might otherwise result from making the report or from assisting in the assessment
or investigation of a report under this chapter.
new text end