SF 569

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to children; authorizing counties to 
  1.3             establish programs for alternative responses to child 
  1.4             maltreatment reports; proposing coding for new law in 
  1.5             Minnesota Statutes, chapter 626. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [626.5551] [ALTERNATIVE RESPONSE PROGRAMS FOR 
  1.8   CHILD PROTECTION ASSESSMENTS OR INVESTIGATIONS.] 
  1.9      Subdivision 1.  [PROGRAMS AUTHORIZED.] (a) A county may 
  1.10  establish a program that uses alternative responses to reports 
  1.11  of child maltreatment under section 626.556, as provided in this 
  1.12  section.  
  1.13     (b) Alternative responses may include a family assessment 
  1.14  and services approach under which the local welfare agency 
  1.15  assesses the risk of abuse and neglect and the service needs of 
  1.16  the family and arranges for appropriate services, diversions, 
  1.17  referral for services, or other response identified in the plan 
  1.18  under subdivision 4. 
  1.19     Subd. 2.  [USE OF ALTERNATIVE RESPONSE OR 
  1.20  INVESTIGATION.] (a) Upon receipt of a report under section 
  1.21  626.556, the local welfare agency in a county that has 
  1.22  established an alternative response program under this section 
  1.23  shall determine whether to conduct an investigation under 
  1.24  section 626.556 or to use an alternative response as appropriate 
  1.25  to prevent or provide a remedy for child maltreatment.  
  2.1      (b) The local welfare agency may conduct an investigation 
  2.2   of any report, but shall conduct an investigation of reports 
  2.3   that, if true, would mean that the child has experienced, or is 
  2.4   at risk of experiencing, serious physical injury, sexual abuse, 
  2.5   abandonment, or neglect that substantially endangers the child's 
  2.6   physical or mental health, including growth delays, which may be 
  2.7   referred to as failure to thrive, that have been diagnosed by a 
  2.8   physician and are due to parental neglect, or conduct that would 
  2.9   be a violation of, or an attempt to commit a violation of: 
  2.10     (1) section 609.185, 609.19, or 609.195 (murder in the 
  2.11  first, second, or third degree); 
  2.12     (2) section 609.20 or 609.205 (manslaughter in the first or 
  2.13  second degree); 
  2.14     (3) section 609.221, 609.222, or 609.223 (assault in the 
  2.15  first, second, or third degree); 
  2.16     (4) section 609.322 (solicitation, inducement, and 
  2.17  promotion of prostitution); 
  2.18     (5) sections 609.342 to 609.3451 (criminal sexual conduct); 
  2.19     (6) section 609.352 (solicitation of children to engage in 
  2.20  sexual conduct); 
  2.21     (7) section 609.377 or 609.378 (malicious punishment or 
  2.22  neglect or endangerment of a child); or 
  2.23     (8) section 617.246 (use of minor in sexual performance). 
  2.24     (c) In addition, in all cases the local welfare agency 
  2.25  shall contact the appropriate law enforcement agency as provided 
  2.26  in section 626.556, subdivision 3.  The law enforcement agency 
  2.27  may conduct its own investigation and shall assist the local 
  2.28  welfare agency in its investigation or provide, within a 
  2.29  reasonable time, a written explanation detailing the reasons why 
  2.30  it is unable to assist. 
  2.31     (d) The local welfare agency shall begin an immediate 
  2.32  investigation under section 626.556 if at any time when it is 
  2.33  using an alternative response it determines that an 
  2.34  investigation is required under paragraph (b) or would otherwise 
  2.35  be appropriate.  The local welfare agency may use an alternative 
  2.36  response to a report that was initially referred for an 
  3.1   investigation if the agency determines that a complete 
  3.2   investigation is not required.  In determining that a complete 
  3.3   investigation is not required, the local welfare agency must 
  3.4   document the reason for terminating the investigation and 
  3.5   consult with: 
  3.6      (1) the local law enforcement agency, if the local law 
  3.7   enforcement is involved, and notify the county attorney of the 
  3.8   decision to terminate the investigation; or 
  3.9      (2) the county attorney, if the local law enforcement is 
  3.10  not involved. 
  3.11     Subd. 3.  [DOCUMENTATION.] When a case in which an 
  3.12  alternative response was used is closed, the local welfare 
  3.13  agency shall document the outcome of the approach, including a 
  3.14  description of the response and services provided and the 
  3.15  removal or reduction of risk to the child, if it existed.  This 
  3.16  documentation must be retained for at least four years. 
  3.17     Subd. 4.  [PLAN.] In order to use the alternative response 
  3.18  program authorized under this section, the county must include 
  3.19  the program in the community social service plan required under 
  3.20  section 256E.09 and in the program evaluation under section 
  3.21  256E.10.  The plan must address alternative responses and 
  3.22  services that will be used for the program and protocols for 
  3.23  determining the appropriate response to reports under section 
  3.24  626.556.