SF 1064

as introduced - 91st Legislature (2019 - 2020) Posted on 02/11/2019 02:48pm

A bill for an act
relating to crimes; establishing the crime of falsely reporting child abuse against
a licensed child care center; providing criminal penalties; amending Minnesota
Statutes 2018, sections 609.507; 626.556, subdivision 3.

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

Section 1.

Minnesota Statutes 2018, section 609.507, is amended to read:

609.507 FALSELY REPORTING CHILD ABUSE.

new text begin (a) new text end A person is guilty of a misdemeanor who:

(1) informs another person that a person has committed sexual abuse, physical abuse,
or neglect of a child, as defined in section 626.556, subdivision 2;

(2) knows that the allegation is false or is without reason to believe that the alleged
abuser committed the abuse or neglect; and

(3) new text begin either: (i) new text end has the intent that the information influence a child custody hearing new text begin ; or
(ii) makes the allegation against a child care center licensed under Minnesota Rules, chapter
9502, or an employee of a licensed child care center new text end .

new text begin (b) If a person is guilty of a misdemeanor under paragraph (a), clause (3), item (ii), the
licensed child care center may seek restitution from the person, including legal fees and
loss of revenue.
new text end

Sec. 2.

Minnesota Statutes 2018, section 626.556, subdivision 3, is amended to read:

Subd. 3.

Persons mandated to report; persons voluntarily reporting new text begin ; contents of
report new text end .

(a) A person who knows or has reason to believe a child is being neglected or
physically or sexually abused, as defined in subdivision 2, or has been neglected or physically
or sexually abused within the preceding three years, shall immediately report the information
to the local welfare agency, agency responsible for assessing or investigating the report,
police department, county sheriff, tribal social services agency, or tribal police department
if the person is:

(1) a professional or professional's delegate who is engaged in the practice of the healing
arts, social services, hospital administration, psychological or psychiatric treatment, child
care, education, correctional supervision, probation and correctional services, or law
enforcement; or

(2) employed as a member of the clergy and received the information while engaged in
ministerial duties, provided that a member of the clergy is not required by this subdivision
to report information that is otherwise privileged under section 595.02, subdivision 1,
paragraph (c).

(b) Any person may voluntarily report to the local welfare agency, agency responsible
for assessing or investigating the report, police department, county sheriff, tribal social
services agency, or tribal police department if the person knows, has reason to believe, or
suspects a child is being or has been neglected or subjected to physical or sexual abuse.

(c) A person mandated to report physical or sexual child abuse or neglect occurring
within a licensed facility shall report the information to the agency responsible for licensing
or certifying the facility under sections 144.50 to 144.58; 241.021; 245A.01 to 245A.16;
or chapter 144H, 245D, or 245H; or a nonlicensed personal care provider organization as
defined in section 256B.0625, subdivision 19a. A health or corrections agency receiving a
report may request the local welfare agency to provide assistance pursuant to subdivisions
10, 10a, and 10b. A board or other entity whose licensees perform work within a school
facility, upon receiving a complaint of alleged maltreatment, shall provide information about
the circumstances of the alleged maltreatment to the commissioner of education. Section
13.03, subdivision 4, applies to data received by the commissioner of education from a
licensing entity.

(d) Notification requirements under subdivision 10 apply to all reports received under
this section.

(e) For purposes of this section, "immediately" means as soon as possible but in no event
longer than 24 hours.

new text begin (f) A report under this subdivision must include sufficient information to identify the
alleged perpetrator, the child, and the reporter.
new text end