SF 704

as introduced - 88th Legislature (2013 - 2014) Posted on 03/05/2013 03:41pm

A bill for an act
relating to human services; establishing a child protection screening work
group for the purpose of establishing consistency in child protection screening;
requiring a report; amending Minnesota Statutes 2012, section 626.556, by
adding a subdivision.

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

Section 1.

Minnesota Statutes 2012, section 626.556, is amended by adding a
subdivision to read:

new text begin Subd. 7a. new text end

new text begin Mandatory guidance for screening reports. new text end

new text begin Child protection intake
workers, supervisors, and others involved with child protection screening shall follow the
guidance provided in the Department of Human Services Minnesota Child Maltreatment
Screening Guidelines when screening maltreatment referrals, and, when notified by the
commissioner of human services, shall immediately implement updated procedures and
protocols.
new text end

Sec. 2. new text begin CHILD PROTECTION SCREENING WORK GROUP.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose and goal. new text end

new text begin (a) It is the policy of the state of Minnesota to
protect children whose health or welfare may be jeopardized through physical abuse,
neglect, or sexual abuse. This includes ensuring that children are protected equally
regardless of where they live in the state. It also includes ensuring that children are
protected according to the same set of standards and definitions for what is considered
child maltreatment in Minnesota.
new text end

new text begin (b) The child protection screening report completed by the Office of the Legislative
Auditor in February 2012 found that practices for screening allegations of child
maltreatment vary greatly throughout the state for a variety of reasons. The goal of
the work group established in this section is to determine the optimal organizational
structure for ensuring the consistent and thorough protection of children, and provide
findings, recommendations, and draft legislation to the legislature that if passed into
law, will achieve that goal. The work group must complete its work in time for the
recommendations to be considered by the 2014 legislature.
new text end

new text begin Subd. 2. new text end

new text begin Composition of the work group. new text end

new text begin The work group shall be comprised
of no fewer than 20 and no more than 25 members. The work group may split into
subgroups to accomplish the tasks under subdivision 3. The work group must strive to
include balanced representation from rural, suburban, and metro counties. The work
group shall include the following:
new text end

new text begin (1) two members of the Minnesota state legislature, including one member of the
minority and one member of the majority, a member of the house of representatives, and
a member of the senate;
new text end

new text begin (2) two representatives of the Department of Human Services, including the director
of the Child Safety and Permanency Division, who will convene the work group, and the
director of the Children's Mental Health Division, or their designees;
new text end

new text begin (3) representatives of local child welfare agencies from rural, suburban, and metro
counties. These representatives may be a county commissioner, the director of human
services or the director of social services, children's services, or the child protection
program or unit. These county members may also represent the interests of the Minnesota
Association of County Social Services Administrators (MACSSA);
new text end

new text begin (4) a representative of a state or county organization that advocates for communities
of color;
new text end

new text begin (5) a nonpublic sector representative that advocates for communities of color,
particularly in the child welfare arena;
new text end

new text begin (6) one representative of a county attorney's office with expertise in child protection,
domestic violence, or child in need of protection or services (CHIPS) cases;
new text end

new text begin (7) one or two representatives of nonprofit advocacy organizations that advocate for
child protection, out-of-home care, and child welfare services or reform;
new text end

new text begin (8) one representative of a county guardian ad litem program;
new text end

new text begin (9) two representatives from nonprofit organizations that provide social services to
counties or the state in the areas of child protection, out-of-home care, and child welfare
services;
new text end

new text begin (10) two representatives from noncounty organizations that regularly report alleged
child maltreatment to counties such as school social workers, school nurses, crisis
nurseries, youth shelters, or similar programs;
new text end

new text begin (11) one representative from a county children's review panel who has done research
on or reviews of county child protection cases;
new text end

new text begin (12) if available, a member of a national organization with expertise in child
protection and child welfare standards and screening practices who is willing to participate
virtually or provide ongoing feedback to the work group;
new text end

new text begin (13) a representative of a Minnesota college or university who is an expert on
the impact of childhood trauma on cognitive, behavioral, mental health, and physical
development; and
new text end

new text begin (14) a member of the Department of Health with expertise in primary prevention
services to at-risk families and children.
new text end

new text begin Subd. 3. new text end

new text begin Responsibilities of the work group. new text end

new text begin (a) The work group shall analyze
the development and implementation of a state centralized unit to screen reports of
alleged abuse and neglect in a detailed feasibility study. The work group shall consult
with practitioners in other states and national experts to identify best practices, potential
barriers, and initial and ongoing costs related to a centralized system. The work group
shall also determine curriculum, training, and uniform policy and procedures for child
protection staff.
new text end

new text begin (b) If the work group, after thorough analysis, determines an alternative structure
to the centralized system is a more effective way to achieve the goal of this legislation,
the work group shall analyze and make recommendations for an alternative structure or a
hybrid of the existing child protection screening process.
new text end

new text begin (c) In addition, the work group shall review each of the recommendations in the
February 2012 Office of the Legislative Auditor child protection screening report and
include a final version of the recommendations the legislature should consider in the report
to the legislature under subdivision 4, and also, more specifically, shall:
new text end

new text begin (1) establish policies and procedures to ensure the uniform application of child
protection screening protocol by staff, which includes exploring a standardized screening
or validated assessment tool that is appropriate for a variety of circumstances, cultures,
and communities; guidance as to what elements to consider in determining if cases will be
screened in or screened out; timeliness of screening decisions; and necessary clarifications
in statute related to screening;
new text end

new text begin (2) establish consistent reporting requirements regarding the number of screened-out
cases, and data collection recorded in the social service information system (SSIS) that is
adequate to identify a possible pattern of abuse or neglect, and sufficient record retention
timelines to determine if there is a pattern of abuse or neglect;
new text end

new text begin (3) clarify when it is appropriate for agencies to use a family's history of child
protection referrals;
new text end

new text begin (4) clarify vague statutory terms, including "risk of harm" and provide guidance
on what constitutes "necessary care," and make recommendations to amend statutory
definitions to clarify vague terms in Minnesota Statutes, section 626.556, including, but
not limited to, the following terms:
new text end

new text begin (i) child abuse;
new text end

new text begin (ii) physical abuse;
new text end

new text begin (iii) sexual abuse;
new text end

new text begin (iv) neglect; and
new text end

new text begin (v) report;
new text end

new text begin (5) modify and update, as necessary, the Department of Human Services Minnesota
Child Maltreatment Screening Guidelines, and determine if the guidelines should be
updated on a regular basis and if so, what stakeholders must be involved with and approve
the modifications, and how the revised guidelines will be disseminated to child protection
staff under Minnesota Statutes, section 626.556, subdivision 7a; advocates; and other
interested parties;
new text end

new text begin (6) establish initial and ongoing training for child protection workers regarding
all aspects of the child protection screening process; explore regional, online, and
other training venues to ensure accessible and affordable training; and determine if the
commissioner should be allowed to impose sanctions for training violations; and
new text end

new text begin (7) establish initial and ongoing training for mandated reporters related to the role
they play in the child protection process, including curriculum, multiple delivery methods
to ensure training is accessible and affordable, and possible reporting requirements from
the Department of Human Services as to the number of mandated reporters participating
in the training and the effectiveness of the training.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin The work group shall provide a report to the chairs of the legislative
committees having jurisdiction over child protection issues by November 15, 2013,
containing the feasibility study and any other relevant information, recommendations, and
draft legislation resulting from the work group's efforts under subdivision 3.
new text end