SF 704

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 05/16/2014 08:27am

A bill for an act
relating to human services; requiring compliance with Department of Human
Services guidelines for screening child maltreatment reports; requiring retention
of certain information to identify repeated reports of maltreatment of the same
child; amending Minnesota Statutes 2012, section 626.556, subdivision 11c, 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.

Minnesota Statutes 2012, section 626.556, subdivision 11c, is amended to read:

Subd. 11c.

Welfare, court services agency, and school records maintained.

Notwithstanding sections 138.163 and 138.17, records maintained or records derived
from reports of abuse by local welfare agencies, agencies responsible for assessing or
investigating the report, court services agencies, or schools under this section shall be
destroyed as provided in paragraphs (a) to (d) by the responsible authority.

(a) For family assessment cases and cases where an investigation results in no
determination of maltreatment or the need for child protective services, the assessment or
investigation records must be maintained for a period of four years. Records under this
paragraph may not be used for employment, background checks, or purposes other than to
assist in future risk and safety assessments.

(b) All records relating to reports which, upon investigation, indicate either
maltreatment or a need for child protective services shall be maintained for at least ten
years after the date of the final entry in the case record.

(c) All records regarding a report of maltreatment, including any notification of intent
to interview which was received by a school under subdivision 10, paragraph (d), shall be
destroyed by the school when ordered to do so by the agency conducting the assessment or
investigation. The agency shall order the destruction of the notification when other records
relating to the report under investigation or assessment are destroyed under this subdivision.

(d) Private or confidential data released to a court services agency under subdivision
10h must be destroyed by the court services agency when ordered to do so by the local
welfare agency that released the data. The local welfare agency or agency responsible for
assessing or investigating the report shall order destruction of the data when other records
relating to the assessment or investigation are destroyed under this subdivision.

new text begin (e) For reports alleging child maltreatment that were not accepted for assessment
or investigation, counties shall maintain sufficient information to identify repeat reports
alleging maltreatment of the same child or children for 365 days from the date the report
was screened out. The commissioner of human services shall specify to the counties the
minimum information needed to accomplish this purpose. Counties shall enter this data
into the state social services information system.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective the day following final enactment.
new text end