SF 461

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

  1.1                          A bill for an act 
  1.2             relating to the maltreatment of minors; changing 
  1.3             responsibility for assessing and investigating certain 
  1.4             allegations of maltreatment; amending Minnesota 
  1.5             Statutes 2000, section 626.556, subdivisions 3c and 
  1.6             10b. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 626.556, 
  1.9   subdivision 3c, is amended to read: 
  1.10     Subd. 3c.  [AGENCY RESPONSIBLE FOR ASSESSING OR 
  1.11  INVESTIGATING REPORTS OF MALTREATMENT.] The following agencies 
  1.12  are the administrative agencies responsible for assessing or 
  1.13  investigating reports of alleged child maltreatment in 
  1.14  facilities made under this section: 
  1.15     (1) the county local welfare agency is the agency 
  1.16  responsible for assessing or investigating allegations of 
  1.17  maltreatment in child foster care, family child care, and 
  1.18  legally unlicensed child care and; 
  1.19     (2) the department of corrections is the agency responsible 
  1.20  for assessing or investigating allegations of maltreatment in 
  1.21  juvenile correctional facilities licensed under section 
  1.22  241.021 located in the local welfare agency's county; 
  1.23     (2) (3) the department of human services is the agency 
  1.24  responsible for assessing or investigating allegations of 
  1.25  maltreatment in facilities licensed under chapters 245A and 
  1.26  245B, except for child foster care and family child care; and 
  2.1      (3) (4) the department of health is the agency responsible 
  2.2   for assessing or investigating allegations of child maltreatment 
  2.3   in facilities licensed under sections 144.50 to 144.58, and in 
  2.4   unlicensed home health care. 
  2.5      The department of corrections may contract with the 
  2.6   department of human services to have the department of human 
  2.7   services make the assessments and conduct the investigations 
  2.8   described in clause (2). 
  2.9      Sec. 2.  Minnesota Statutes 2000, section 626.556, 
  2.10  subdivision 10b, is amended to read: 
  2.11     Subd. 10b.  [DUTIES OF COMMISSIONER; NEGLECT OR ABUSE IN 
  2.12  FACILITY.] (a) This section applies to the commissioners of 
  2.13  human services, health, corrections, and children, families, and 
  2.14  learning.  The commissioner of the agency responsible for 
  2.15  assessing or investigating the report shall immediately 
  2.16  investigate if the report alleges that: 
  2.17     (1) a child who is in the care of a facility as defined in 
  2.18  subdivision 2 is neglected, physically abused, or sexually 
  2.19  abused by an individual in that facility, or has been so 
  2.20  neglected or abused by an individual in that facility within the 
  2.21  three years preceding the report; or 
  2.22     (2) a child was neglected, physically abused, or sexually 
  2.23  abused by an individual in a facility defined in subdivision 2, 
  2.24  while in the care of that facility within the three years 
  2.25  preceding the report.  
  2.26     The commissioner of the agency responsible for assessing or 
  2.27  investigating the report shall arrange for the transmittal to 
  2.28  the commissioner of reports received by local agencies and may 
  2.29  delegate to a local welfare agency the duty to investigate 
  2.30  reports.  In conducting an investigation under this section, the 
  2.31  commissioner has the powers and duties specified for local 
  2.32  welfare agencies under this section.  The commissioner of the 
  2.33  agency responsible for assessing or investigating the report or 
  2.34  local welfare agency may interview any children who are or have 
  2.35  been in the care of a facility under investigation and their 
  2.36  parents, guardians, or legal custodians. 
  3.1      (b) Prior to any interview, the commissioner of the agency 
  3.2   responsible for assessing or investigating the report or local 
  3.3   welfare agency shall notify the parent, guardian, or legal 
  3.4   custodian of a child who will be interviewed in the manner 
  3.5   provided for in subdivision 10d, paragraph (a).  If reasonable 
  3.6   efforts to reach the parent, guardian, or legal custodian of a 
  3.7   child in an out-of-home placement have failed, the child may be 
  3.8   interviewed if there is reason to believe the interview is 
  3.9   necessary to protect the child or other children in the 
  3.10  facility.  The commissioner of the agency responsible for 
  3.11  assessing or investigating the report or local agency must 
  3.12  provide the information required in this subdivision to the 
  3.13  parent, guardian, or legal custodian of a child interviewed 
  3.14  without parental notification as soon as possible after the 
  3.15  interview.  When the investigation is completed, any parent, 
  3.16  guardian, or legal custodian notified under this subdivision 
  3.17  shall receive the written memorandum provided for in subdivision 
  3.18  10d, paragraph (c). 
  3.19     (c) In conducting investigations under this subdivision the 
  3.20  commissioner or local welfare agency shall obtain access to 
  3.21  information consistent with subdivision 10, paragraphs (h), (i), 
  3.22  and (j). 
  3.23     (d) Except for foster care and family child care, the 
  3.24  commissioner has the primary responsibility for the 
  3.25  investigations and notifications required under subdivisions 10d 
  3.26  and 10f for reports that allege maltreatment related to the care 
  3.27  provided by or in facilities licensed by the commissioner.  The 
  3.28  commissioner may request assistance from the local social 
  3.29  services agency. 
  3.30     Sec. 3.  [EFFECTIVE DATE.] 
  3.31     Sections 1 and 2 are effective July 1, 2001.