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SF 3787

as introduced - 91st Legislature (2019 - 2020) Posted on 02/27/2020 04:35pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to human services; modifying provisions regarding child welfare responses
to child sex trafficking and sexual exploitation of children; amending Minnesota
Statutes 2018, sections 260.761, subdivision 2; 260C.007, subdivisions 14, 31;
626.556, subdivisions 1, 7, 10e, 10f, 10i, 10k, 10l, 10m, 11c; 626.558, subdivision
1; 626.559, by adding a subdivision; Minnesota Statutes 2019 Supplement, section
626.556, subdivisions 2, 3e, 10.

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

Section 1.

Minnesota Statutes 2018, section 260.761, subdivision 2, is amended to read:


Subd. 2.

Agency and court notice to tribes.

(a) When a local social services agency
has information that a family assessment deleted text beginordeleted text endnew text begin,new text end investigationnew text begin, or noncaregiver sex trafficking
assessment
new text end being conducted may involve an Indian child, the local social services agency
shall notify the Indian child's tribe of the family assessment deleted text beginordeleted text endnew text begin,new text end investigationnew text begin, or noncaregiver
sex trafficking assessment
new text end according to section 626.556, subdivision 10, paragraph deleted text begin(a)deleted text endnew text begin (b)new text end,
clause deleted text begin(5)deleted text endnew text begin (7)new text end. Initial notice shall be provided by telephone and by e-mail or facsimile. The
local social services agency shall request that the tribe or a designated tribal representative
participate in evaluating the family circumstances, identifying family and tribal community
resources, and developing case plans.

(b) When a local social services agency has information that a child receiving services
may be an Indian child, the local social services agency shall notify the tribe by telephone
and by e-mail or facsimile of the child's full name and date of birth, the full names and dates
of birth of the child's biological parents, and, if known, the full names and dates of birth of
the child's grandparents and of the child's Indian custodian. This notification must be provided
so the tribe can determine if the child is enrolled in the tribe or eligible for membership,
and must be provided within seven days. If information regarding the child's grandparents
or Indian custodian is not available within the seven-day period, the local social services
agency shall continue to request this information and shall notify the tribe when it is received.
Notice shall be provided to all tribes to which the child may have any tribal lineage. If the
identity or location of the child's parent or Indian custodian and tribe cannot be determined,
the local social services agency shall provide the notice required in this paragraph to the
United States secretary of the interior.

(c) In accordance with sections 260C.151 and 260C.152, when a court has reason to
believe that a child placed in emergency protective care is an Indian child, the court
administrator or a designee shall, as soon as possible and before a hearing takes place, notify
the tribal social services agency by telephone and by e-mail or facsimile of the date, time,
and location of the emergency protective case hearing. The court shall make efforts to allow
appearances by telephone for tribal representatives, parents, and Indian custodians.

(d) A local social services agency must provide the notices required under this subdivision
at the earliest possible time to facilitate involvement of the Indian child's tribe. Nothing in
this subdivision is intended to hinder the ability of the local social services agency and the
court to respond to an emergency situation. Lack of participation by a tribe shall not prevent
the tribe from intervening in services and proceedings at a later date. A tribe may participate
at any time. At any stage of the local social services agency's involvement with an Indian
child, the agency shall provide full cooperation to the tribal social services agency, including
disclosure of all data concerning the Indian child. Nothing in this subdivision relieves the
local social services agency of satisfying the notice requirements in the Indian Child Welfare
Act.

Sec. 2.

Minnesota Statutes 2018, section 260C.007, subdivision 14, is amended to read:


Subd. 14.

Egregious harm.

"Egregious harm" means the infliction of bodily harm to a
child or neglect of a child which demonstrates a grossly inadequate ability to provide
minimally adequate parental care. The egregious harm need not have occurred in the state
or in the county where a termination of parental rights action is otherwise properly venued.
Egregious harm includes, but is not limited to:

(1) conduct towards a child that constitutes a violation of sections 609.185 to 609.2114,
609.222, subdivision 2, 609.223, or any other similar law of any other state;

(2) the infliction of "substantial bodily harm" to a child, as defined in section 609.02,
subdivision 7a
;

(3) conduct towards a child that constitutes felony malicious punishment of a child under
section 609.377;

(4) conduct towards a child that constitutes felony unreasonable restraint of a child under
section 609.255, subdivision 3;

(5) conduct towards a child that constitutes felony neglect or endangerment of a child
under section 609.378;

(6) conduct towards a child that constitutes assault under section 609.221, 609.222, or
609.223;

(7) conduct towards a child that constitutesnew text begin sex trafficking ornew text end solicitation, inducement,
or promotion of, or receiving profit derived from prostitution under section 609.322;

(8) conduct towards a child that constitutes murder or voluntary manslaughter as defined
by United States Code, title 18, section 1111(a) or 1112(a);

(9) conduct towards a child that constitutes aiding or abetting, attempting, conspiring,
or soliciting to commit a murder or voluntary manslaughter that constitutes a violation of
United States Code, title 18, section 1111(a) or 1112(a); or

(10) conduct toward a child that constitutes criminal sexual conduct under sections
609.342 to 609.345.

Sec. 3.

Minnesota Statutes 2018, section 260C.007, subdivision 31, is amended to read:


Subd. 31.

Sexually exploited youth.

"Sexually exploited youth" means an individual
who:

(1) is alleged to have engaged in conduct which would, if committed by an adult, violate
any federal, state, or local law relating to being hired, offering to be hired, or agreeing to
be hired by another individual to engage in sexual penetration or sexual conduct;

(2) is a victim of a crime described in section 609.342, 609.343, 609.344, 609.345,
609.3451, 609.3453, 609.352, 617.246, or 617.247;

(3) is a victim of a crime described in United States Code, title 18, section new text begin1591; new text end2260;
2421; 2422; 2423; 2425; 2425A; or 2256; or

(4) is a sex trafficking victim as defined in section 609.321, subdivision 7b.

Sec. 4.

Minnesota Statutes 2018, section 626.556, subdivision 1, is amended to read:


Subdivision 1.

Public policy.

(a) The legislature hereby declares that the public policy
of this state is to protect children whose health or welfare may be jeopardized through
physical abuse, neglect, or sexual abuse. While it is recognized that most parents want to
keep their children safe, sometimes circumstances or conditions interfere with their ability
to do so. When this occurs, the health and safety of the children must be of paramount
concern. Intervention and prevention efforts must address immediate concerns for child
safety and the ongoing risk of abuse or neglect and should engage the protective capacities
of families. In furtherance of this public policy, it is the intent of the legislature under this
section to:

(1) protect children and promote child safety;

(2) strengthen the family;

(3) make the home, school, and community safe for children by promoting responsible
child care in all settings; and

(4) provide, when necessary, a safe temporary or permanent home environment for
physically or sexually abused or neglected children.

(b) In addition, it is the policy of this state to:

(1) require the reporting of neglect or physical or sexual abuse of children in the home,
school, and community settings;

(2) provide for the voluntary reporting of abuse or neglect of children;

(3) require an investigation when the report alleges sexual abusenew text begin, except reports of sex
trafficking by a noncaregiver sex trafficker,
new text end or substantial child endangerment;

(4) provide a family assessment, if appropriate, when the report does not allege sexual
abuse or substantial child endangerment; deleted text beginand
deleted text end

(5) new text beginprovide a noncaregiver sex trafficking assessment when the report alleges sex
trafficking by a noncaregiver sex trafficker; and
new text end

new text begin (6) new text endprovide protective, family support, and family preservation services when needed
in appropriate cases.

Sec. 5.

Minnesota Statutes 2019 Supplement, section 626.556, subdivision 2, is amended
to read:


Subd. 2.

Definitions.

As used in this section, the following terms have the meanings
given them unless the specific content indicates otherwise:

(a) "Accidental" means a sudden, not reasonably foreseeable, and unexpected occurrence
or event which:

(1) is not likely to occur and could not have been prevented by exercise of due care; and

(2) if occurring while a child is receiving services from a facility, happens when the
facility and the employee or person providing services in the facility are in compliance with
the laws and rules relevant to the occurrence or event.

(b) "Commissioner" means the commissioner of human services.

(c) "Facility" means:

(1) a licensed or unlicensed day care facility, certified license-exempt child care center,
residential facility, agency, hospital, sanitarium, or other facility or institution required to
be licensed under sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or chapter
144H, 245D, or 245H;

(2) a school as defined in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E;
or

(3) a nonlicensed personal care provider organization as defined in section 256B.0625,
subdivision 19a
.

(d) "Family assessment" means a comprehensive assessment of child safety, risk of
subsequent child maltreatment, and family strengths and needs that is applied to a child
maltreatment report that does not allege sexual abuse or substantial child endangerment.
Family assessment does not include a determination as to whether child maltreatment
occurred but does determine the need for services to address the safety of family members
and the risk of subsequent maltreatment.

(e) "Investigation" means fact gathering related to the current safety of a child and the
risk of subsequent maltreatment that determines whether child maltreatment occurred and
whether child protective services are needed. An investigation must be used when reports
involve sexual abuse or substantial child endangerment, and for reports of maltreatment in
facilities required to be licensed or certified under chapter 245A, 245D, or 245H; under
sections 144.50 to 144.58 and 241.021; in a school as defined in section 120A.05,
subdivisions 9
, 11, and 13, and chapter 124E; or in a nonlicensed personal care provider
association as defined in section 256B.0625, subdivision 19a.new text begin An investigation is not required
when reports involve sex trafficking by a noncaregiver sex trafficker.
new text end

(f) "Mental injury" means an injury to the psychological capacity or emotional stability
of a child as evidenced by an observable or substantial impairment in the child's ability to
function within a normal range of performance and behavior with due regard to the child's
culture.

(g) "Neglect" means the commission or omission of any of the acts specified under
clauses (1) to (9), other than by accidental means:

(1) failure by a person responsible for a child's care to supply a child with necessary
food, clothing, shelter, health, medical, or other care required for the child's physical or
mental health when reasonably able to do so;

(2) failure to protect a child from conditions or actions that seriously endanger the child's
physical or mental health when reasonably able to do so, including a growth delay, which
may be referred to as a failure to thrive, that has been diagnosed by a physician and is due
to parental neglect;

(3) failure to provide for necessary supervision or child care arrangements appropriate
for a child after considering factors as the child's age, mental ability, physical condition,
length of absence, or environment, when the child is unable to care for the child's own basic
needs or safety, or the basic needs or safety of another child in their care;

(4) failure to ensure that the child is educated as defined in sections 120A.22 and
260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's
child with sympathomimetic medications, consistent with section 125A.091, subdivision
5
;

(5) nothing in this section shall be construed to mean that a child is neglected solely
because the child's parent, guardian, or other person responsible for the child's care in good
faith selects and depends upon spiritual means or prayer for treatment or care of disease or
remedial care of the child in lieu of medical care; except that a parent, guardian, or caretaker,
or a person mandated to report pursuant to subdivision 3, has a duty to report if a lack of
medical care may cause serious danger to the child's health. This section does not impose
upon persons, not otherwise legally responsible for providing a child with necessary food,
clothing, shelter, education, or medical care, a duty to provide that care;

(6) prenatal exposure to a controlled substance, as defined in section 253B.02, subdivision
2, used by the mother for a nonmedical purpose, as evidenced by withdrawal symptoms in
the child at birth, results of a toxicology test performed on the mother at delivery or the
child at birth, medical effects or developmental delays during the child's first year of life
that medically indicate prenatal exposure to a controlled substance, or the presence of a
fetal alcohol spectrum disorder;

(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);

(8) chronic and severe use of alcohol or a controlled substance by a parent or person
responsible for the care of the child that adversely affects the child's basic needs and safety;
or

(9) emotional harm from a pattern of behavior which contributes to impaired emotional
functioning of the child which may be demonstrated by a substantial and observable effect
in the child's behavior, emotional response, or cognition that is not within the normal range
for the child's age and stage of development, with due regard to the child's culture.

new text begin (h) "Noncaregiver sex trafficker" means a person who is alleged to have engaged in the
act of sex trafficking a child and who is not a person responsible for the child's care; a person
who has a significant relationship to the child, as defined in section 609.341, subdivision
15; or a person in a current or recent position of authority, as defined in section 609.341,
subdivision 10.
new text end

new text begin (i) "Noncaregiver sex trafficking assessment" means a comprehensive assessment of
child safety, risk of subsequent child maltreatment, and strengths and needs of the child and
the family. The noncaregiver sex trafficking assessment does not include a determination
as to whether child maltreatment occurred but does determine the need for services to address
the safety of the child and family members and the risk of subsequent maltreatment.
new text end

deleted text begin (h)deleted text end new text begin(j) new text end"Nonmaltreatment mistake" means:

(1) at the time of the incident, the individual was performing duties identified in the
center's child care program plan required under Minnesota Rules, part 9503.0045;

(2) the individual has not been determined responsible for a similar incident that resulted
in a finding of maltreatment for at least seven years;

(3) the individual has not been determined to have committed a similar nonmaltreatment
mistake under this paragraph for at least four years;

(4) any injury to a child resulting from the incident, if treated, is treated only with
remedies that are available over the counter, whether ordered by a medical professional or
not; and

(5) except for the period when the incident occurred, the facility and the individual
providing services were both in compliance with all licensing requirements relevant to the
incident.

This definition only applies to child care centers licensed under Minnesota Rules, chapter
9503. If clauses (1) to (5) apply, rather than making a determination of substantiated
maltreatment by the individual, the commissioner of human services shall determine that a
nonmaltreatment mistake was made by the individual.

deleted text begin (i)deleted text endnew text begin (k)new text end "Operator" means an operator or agency as defined in section 245A.02.

deleted text begin (j)deleted text endnew text begin (l)new text end "Person responsible for the child's care" means (1) an individual functioning within
the family unit and having responsibilities for the care of the child such as a parent, guardian,
or other person having similar care responsibilities, or (2) an individual functioning outside
the family unit and having responsibilities for the care of the child such as a teacher, school
administrator, other school employees or agents, or other lawful custodian of a child having
either full-time or short-term care responsibilities including, but not limited to, day care,
babysitting whether paid or unpaid, counseling, teaching, and coaching.

deleted text begin (k)deleted text endnew text begin (m)new text end "Physical abuse" means any physical injury, mental injury, or threatened injury,
inflicted by a person responsible for the child's care on a child other than by accidental
means, or any physical or mental injury that cannot reasonably be explained by the child's
history of injuries, or any aversive or deprivation procedures, or regulated interventions,
that have not been authorized under section 125A.0942 or 245.825.

Abuse does not include reasonable and moderate physical discipline of a child
administered by a parent or legal guardian which does not result in an injury. Abuse does
not include the use of reasonable force by a teacher, principal, or school employee as allowed
by section 121A.582. Actions which are not reasonable and moderate include, but are not
limited to, any of the following:

(1) throwing, kicking, burning, biting, or cutting a child;

(2) striking a child with a closed fist;

(3) shaking a child under age three;

(4) striking or other actions which result in any nonaccidental injury to a child under 18
months of age;

(5) unreasonable interference with a child's breathing;

(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;

(7) striking a child under age one on the face or head;

(8) striking a child who is at least age one but under age four on the face or head, which
results in an injury;

(9) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled
substances which were not prescribed for the child by a practitioner, in order to control or
punish the child; or other substances that substantially affect the child's behavior, motor
coordination, or judgment or that results in sickness or internal injury, or subjects the child
to medical procedures that would be unnecessary if the child were not exposed to the
substances;

(10) unreasonable physical confinement or restraint not permitted under section 609.379,
including but not limited to tying, caging, or chaining; or

(11) in a school facility or school zone, an act by a person responsible for the child's
care that is a violation under section 121A.58.

deleted text begin (l)deleted text endnew text begin (n)new text end "Practice of social services," for the purposes of subdivision 3, includes but is not
limited to employee assistance counseling and the provision of guardian ad litem and
parenting time expeditor services.

deleted text begin (m)deleted text endnew text begin (o)new text end "Report" means any communication received by the local welfare agency, police
department, county sheriff, or agency responsible for child protection pursuant to this section
that describes neglect or physical or sexual abuse of a child and contains sufficient content
to identify the child and any person believed to be responsible for the neglect or abuse, if
known.

deleted text begin (n)deleted text endnew text begin (p)new text end "Sexual abuse" means the subjection of a child by a person responsible for the
child's care, by a person who has a significant relationship to the child, as defined in section
609.341, or by a person in a current or recent position of authority, as defined in section
609.341, subdivision 10, to any act which constitutes a violation of section 609.342 (criminal
sexual conduct in the first degree), 609.343 (criminal sexual conduct in the second degree),
609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct in
the fourth degree), 609.3451 (criminal sexual conduct in the fifth degree), or 609.352
(solicitation of children to engage in sexual conduct; communication of sexually explicit
materials to children). Sexual abuse also includes any act which involves a minor which
constitutes a violation of prostitution offenses under sections 609.321 to 609.324 or 617.246.
Sexual abuse includes all reports of known or suspected child sex trafficking involving a
child who is identified as a victim of sex trafficking. Sexual abuse includes child sex
trafficking as defined in section 609.321, subdivisions 7a and 7b. Sexual abuse includes
threatened sexual abuse which includes the status of a parent or household member who
has committed a violation which requires registration as an offender under section 243.166,
subdivision 1b, paragraph (a) or (b), or required registration under section 243.166,
subdivision 1b, paragraph (a) or (b).

deleted text begin (o)deleted text endnew text begin (q)new text end "Substantial child endangerment" means a person responsible for a child's care,
by act or omission, commits or attempts to commit an act against a child under their care
that constitutes any of the following:

(1) egregious harm as defined in section 260C.007, subdivision 14;

(2) abandonment under section 260C.301, subdivision 2;

(3) neglect as defined in paragraph (g), clause (2), that substantially endangers the child's
physical or mental health, including a growth delay, which may be referred to as failure to
thrive, that has been diagnosed by a physician and is due to parental neglect;

(4) murder in the first, second, or third degree under section 609.185, 609.19, or 609.195;

(5) manslaughter in the first or second degree under section 609.20 or 609.205;

(6) assault in the first, second, or third degree under section 609.221, 609.222, or 609.223;

(7) solicitation, inducement, and promotion of prostitution under section 609.322;

(8) criminal sexual conduct under sections 609.342 to 609.3451;

(9) solicitation of children to engage in sexual conduct under section 609.352;

(10) malicious punishment or neglect or endangerment of a child under section 609.377
or 609.378;

(11) use of a minor in sexual performance under section 617.246; or

(12) parental behavior, status, or condition which mandates that the county attorney file
a termination of parental rights petition under section 260C.503, subdivision 2.

deleted text begin (p)deleted text endnew text begin (r)new text end "Threatened injury" means a statement, overt act, condition, or status that represents
a substantial risk of physical or sexual abuse or mental injury. Threatened injury includes,
but is not limited to, exposing a child to a person responsible for the child's care, as defined
in paragraph (j), clause (1), who has:

(1) subjected a child to, or failed to protect a child from, an overt act or condition that
constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a similar law
of another jurisdiction;

(2) been found to be palpably unfit under section 260C.301, subdivision 1, paragraph
(b), clause (4), or a similar law of another jurisdiction;

(3) committed an act that has resulted in an involuntary termination of parental rights
under section 260C.301, or a similar law of another jurisdiction; or

(4) committed an act that has resulted in the involuntary transfer of permanent legal and
physical custody of a child to a relative under Minnesota Statutes 2010, section 260C.201,
subdivision 11, paragraph (d), clause (1), section 260C.515, subdivision 4, or a similar law
of another jurisdiction.

A child is the subject of a report of threatened injury when the responsible social services
agency receives birth match data under paragraph (q) from the Department of Human
Services.

deleted text begin (q)deleted text endnew text begin (s)new text end Upon receiving data under section 144.225, subdivision 2b, contained in a birth
record or recognition of parentage identifying a child who is subject to threatened injury
under paragraph (p), the Department of Human Services shall send the data to the responsible
social services agency. The data is known as "birth match" data. Unless the responsible
social services agency has already begun an investigation or assessment of the report due
to the birth of the child or execution of the recognition of parentage and the parent's previous
history with child protection, the agency shall accept the birth match data as a report under
this section. The agency may use either a family assessment or investigation to determine
whether the child is safe. All of the provisions of this section apply. If the child is determined
to be safe, the agency shall consult with the county attorney to determine the appropriateness
of filing a petition alleging the child is in need of protection or services under section
260C.007, subdivision 6, clause (16), in order to deliver needed services. If the child is
determined not to be safe, the agency and the county attorney shall take appropriate action
as required under section 260C.503, subdivision 2.

deleted text begin (r)deleted text endnew text begin (t)new text end Persons who conductnew text begin familynew text end assessments deleted text beginordeleted text endnew text begin,new text end investigationsnew text begin, or noncaregiver sex
trafficking assessments
new text end under this section shall take into account accepted child-rearing
practices of the culture in which a child participates and accepted teacher discipline practices,
which are not injurious to the child's health, welfare, and safety.

Sec. 6.

Minnesota Statutes 2019 Supplement, section 626.556, subdivision 3e, is amended
to read:


Subd. 3e.

Agency responsible for assessing or investigating reports of sexual
abuse.

The local welfare agency is the agency responsible for investigating allegations of
sexual abuse if the alleged offender is the parent, guardian, sibling, or an individual
functioning within the family unit as a person responsible for the child's care, or a person
with a significant relationship to the child if that person resides in the child's household.
The local welfare agency is also responsible fornew text begin assessing ornew text end investigating when a child is
identified as a victim of sex trafficking.

Sec. 7.

Minnesota Statutes 2018, section 626.556, subdivision 7, is amended to read:


Subd. 7.

Report; information provided to parent; reporter.

(a) An oral report shall
be made immediately by telephone or otherwise. An oral report made by a person required
under subdivision 3 to report shall be followed within 72 hours, exclusive of weekends and
holidays, by a report in writing to the appropriate police department, the county sheriff, the
agency responsible for assessing or investigating the report, or the local welfare agency.

(b) The local welfare agency shall determine if the report is to be screened in or out as
soon as possible but in no event longer than 24 hours after the report is received. When
determining whether a report will be screened in or out, the agency receiving the report
must consider, when relevant, all previous history, including reports that were screened out.
The agency may communicate with treating professionals and individuals specified under
subdivision 10, paragraph (i), clause (3), item (iii).

(c) Any report shall be of sufficient content to identify the child, any person believed to
be responsible for the abuse or neglect of the child if the person is known, the nature and
extent of the abuse or neglect and the name and address of the reporter. The local welfare
agency or agency responsible for assessing or investigating the report shall accept a report
made under subdivision 3 notwithstanding refusal by a reporter to provide the reporter's
name or address as long as the report is otherwise sufficient under this paragraph. Written
reports received by a police department or the county sheriff shall be forwarded immediately
to the local welfare agency or the agency responsible for assessing or investigating the
report. The police department or the county sheriff may keep copies of reports received by
them. Copies of written reports received by a local welfare department or the agency
responsible for assessing or investigating the report shall be forwarded immediately to the
local police department or the county sheriff.

(d) When requested, the agency responsible for assessing or investigating a report shall
inform the reporter within ten days after the report was made, either orally or in writing,
whether the report was accepted or not. If the responsible agency determines the report does
not constitute a report under this section, the agency shall advise the reporter the report was
screened out. Any person mandated to report shall receive a summary of the disposition of
any report made by that reporter, including whether the case has been opened for child
protection or other services, or if a referral has been made to a community organization,
unless release would be detrimental to the best interests of the child. Any person who is not
mandated to report shall, upon request to the local welfare agency, receive a concise summary
of the disposition of any report made by that reporter, unless release would be detrimental
to the best interests of the child.

(e) Reports that are screened out must be maintained in accordance with subdivision
11c, paragraph (a).

(f) A local welfare agency or agency responsible for investigating or assessing a report
may use a screened-out report for making an offer of social services to the subjects of the
screened-out report. A local welfare agency or agency responsible for evaluating a report
alleging maltreatment of a child shall consider prior reports, including screened-out reports,
to determine whether an investigation deleted text beginordeleted text endnew text begin,new text end family assessmentnew text begin, or noncaregiver sex trafficking
assessment
new text end must be conducted.

(g) Notwithstanding paragraph (a), the commissioner of education must inform the
parent, guardian, or legal custodian of the child who is the subject of a report of alleged
maltreatment in a school facility within ten days of receiving the report, either orally or in
writing, whether the commissioner is assessing or investigating the report of alleged
maltreatment.

(h) Regardless of whether a report is made under this subdivision, as soon as practicable
after a school receives information regarding an incident that may constitute maltreatment
of a child in a school facility, the school shall inform the parent, legal guardian, or custodian
of the child that an incident has occurred that may constitute maltreatment of the child,
when the incident occurred, and the nature of the conduct that may constitute maltreatment.

(i) A written copy of a report maintained by personnel of agencies, other than welfare
or law enforcement agencies, which are subject to chapter 13 shall be confidential. An
individual subject of the report may obtain access to the original report as provided by
subdivision 11.

Sec. 8.

Minnesota Statutes 2019 Supplement, section 626.556, subdivision 10, is amended
to read:


Subd. 10.

Duties of local welfare agency and local law enforcement agency upon
receipt of report; mandatory notification between police or sheriff and agency.

(a) The
police department or the county sheriff shall immediately notify the local welfare agency
or agency responsible for child protection reports under this section orally and in writing
when a report is received. The local welfare agency or agency responsible for child protection
reports shall immediately notify the local police department or the county sheriff orally and
in writing when a report is received. The county sheriff and the head of every local welfare
agency, agency responsible for child protection reports, and police department shall each
designate a person within their agency, department, or office who is responsible for ensuring
that the notification duties of this paragraph are carried out. When the alleged maltreatment
occurred on tribal land, the local welfare agency or agency responsible for child protection
reports and the local police department or the county sheriff shall immediately notify the
tribe's social services agency and tribal law enforcement orally and in writing when a report
is received. When a police department or county sheriff determines that a child has been
the subject of physical abuse, sexual abuse, or neglect by a person licensed by the
Professional Educator Licensing and Standards Board or the Board of School Administrators,
the department or sheriff shall, in addition to its other duties under this section, immediately
inform the licensing board.

(b) Upon receipt of a report, the local welfare agency shall determine whether to conduct
a family assessment deleted text beginor andeleted text endnew text begin,new text end investigationnew text begin, or noncaregiver sex trafficking assessmentnew text end as
appropriate to prevent or provide a remedy for child maltreatment. The local welfare agency:

(1) shall conduct an investigation on reports involving sexual abusenew text begin, except as indicated
in clause (5),
new text end or substantial child endangerment;

(2) shall begin an immediate investigation if, at any time when it is using a family
assessment response, it determines that there is reason to believe that sexual abuse or
substantial child endangerment or a serious threat to the child's safety exists;

(3) may conduct a family assessment for reports that do not allege sexual abusenew text begin, except
as indicated in clause (5),
new text end or substantial child endangerment. In determining that a family
assessment is appropriate, the local welfare agency may consider issues of child safety,
parental cooperation, and the need for an immediate response;

(4) may conduct a family assessment on a report that was initially screened and assigned
for an investigation. In determining that a complete investigation is not required, the local
welfare agency must document the reason for terminating the investigation and notify the
local law enforcement agency if the local law enforcement agency is conducting a joint
investigation; deleted text beginand
deleted text end

new text begin (5) shall conduct a noncaregiver sex trafficking assessment on reports involving sex
trafficking when the alleged offender is a noncaregiver sex trafficker;
new text end

new text begin (6) shall begin an immediate investigation if at any time during the noncaregiver sex
trafficking assessment the local child welfare agency determines that there is reason to
believe that the alleged offender in a sex trafficking allegation or any other allegation
requiring an investigation is a person responsible for the child's care; a person who has a
significant relationship to the child, as defined in section 609.341; or a person in a current
or recent position of authority, as defined in section 609.341, subdivision 10; and
new text end

deleted text begin (5)deleted text endnew text begin (7)new text end shall provide immediate notice, according to section 260.761, subdivision 2, to
an Indian child's tribe when the agency has reason to believe the family assessment deleted text beginordeleted text endnew text begin,new text end
investigationnew text begin, or noncaregiver sex trafficking assessmentnew text end may involve an Indian child. For
purposes of this clause, "immediate notice" means notice provided within 24 hours.

If the report alleges neglect, physical abuse, or sexual abuse by a parent, guardian, or
individual functioning within the family unit as a person responsible for the child's care, or
sexual abuse by a person with a significant relationship to the child when that person resides
in the child's household or by a sibling, the local welfare agency shall immediately conduct
a family assessment or investigation as identified in clauses (1) to (4).new text begin If the report alleges
sex trafficking by a noncaregiver sex trafficker, the local welfare agency shall immediately
conduct a noncaregiver sex trafficking assessment.
new text end In conducting a family assessment deleted text beginordeleted text endnew text begin, new text end
investigationnew text begin, or noncaregiver sex trafficking assessmentnew text end, the local welfare agency shall
gather information on the existence of substance abuse and domestic violence and offer
services for purposes of preventing future child maltreatment, safeguarding and enhancing
the welfare of the abused or neglected minor, and supporting and preserving family life
whenever possible. If the report alleges a violation of a criminal statute involving sexual
abuse, physical abuse, or neglect or endangerment, under section 609.378, the local law
enforcement agency and local welfare agency shall coordinate the planning and execution
of their respective investigation and assessment efforts to avoid a duplication of fact-finding
efforts and multiple interviews. Each agency shall prepare a separate report of the results
of its investigation or assessment. In cases of alleged child maltreatment resulting in death,
the local agency may rely on the fact-finding efforts of a law enforcement investigation to
make a determination of whether or not maltreatment occurred. When necessary the local
welfare agency shall seek authority to remove the child from the custody of a parent,
guardian, or adult with whom the child is living. In performing any of these duties, the local
welfare agency shall maintain appropriate records.

If the family assessment or investigation indicates there is a potential for abuse of alcohol
or other drugs by the parent, guardian, or person responsible for the child's care, the local
welfare agency shall conduct a chemical use assessment pursuant to Minnesota Rules, part
9530.6615.

(c) When a local agency receives a report or otherwise has information indicating that
a child who is a client, as defined in section 245.91, has been the subject of physical abuse,
sexual abuse, or neglect at an agency, facility, or program as defined in section 245.91, it
shall, in addition to its other duties under this section, immediately inform the ombudsman
established under sections 245.91 to 245.97. The commissioner of education shall inform
the ombudsman established under sections 245.91 to 245.97 of reports regarding a child
defined as a client in section 245.91 that maltreatment occurred at a school as defined in
section 120A.05, subdivisions 9, 11, and 13, and chapter 124E.

(d) Authority of the local welfare agency responsible for assessing or investigating the
child abuse or neglect report, the agency responsible for assessing or investigating the report,
and of the local law enforcement agency for investigating the alleged abuse or neglect
includes, but is not limited to, authority to interview, without parental consent, the alleged
victim and any other minors who currently reside with or who have resided with the alleged
offender. The interview may take place at school or at any facility or other place where the
alleged victim or other minors might be found or the child may be transported to, and the
interview conducted at, a place appropriate for the interview of a child designated by the
local welfare agency or law enforcement agency. The interview may take place outside the
presence of the alleged offender or parent, legal custodian, guardian, or school official. For
family assessments, it is the preferred practice to request a parent or guardian's permission
to interview the child prior to conducting the child interview, unless doing so would
compromise the safety assessment. Except as provided in this paragraph, the parent, legal
custodian, or guardian shall be notified by the responsible local welfare or law enforcement
agency no later than the conclusion of the investigation or assessment that this interview
has occurred. Notwithstanding rule 32 of the Minnesota Rules of Procedure for Juvenile
Courts, the juvenile court may, after hearing on an ex parte motion by the local welfare
agency, order that, where reasonable cause exists, the agency withhold notification of this
interview from the parent, legal custodian, or guardian. If the interview took place or is to
take place on school property, the order shall specify that school officials may not disclose
to the parent, legal custodian, or guardian the contents of the notification of intent to interview
the child on school property, as provided under this paragraph, and any other related
information regarding the interview that may be a part of the child's school record. A copy
of the order shall be sent by the local welfare or law enforcement agency to the appropriate
school official.

(e) When the local welfare, local law enforcement agency, or the agency responsible
for assessing or investigating a report of maltreatment determines that an interview should
take place on school property, written notification of intent to interview the child on school
property must be received by school officials prior to the interview. The notification shall
include the name of the child to be interviewed, the purpose of the interview, and a reference
to the statutory authority to conduct an interview on school property. For interviews
conducted by the local welfare agency, the notification shall be signed by the chair of the
local social services agency or the chair's designee. The notification shall be private data
on individuals subject to the provisions of this paragraph. School officials may not disclose
to the parent, legal custodian, or guardian the contents of the notification or any other related
information regarding the interview until notified in writing by the local welfare or law
enforcement agency that the investigation or assessment has been concluded, unless a school
employee or agent is alleged to have maltreated the child. Until that time, the local welfare
or law enforcement agency or the agency responsible for assessing or investigating a report
of maltreatment shall be solely responsible for any disclosures regarding the nature of the
assessment or investigation.

Except where the alleged offender is believed to be a school official or employee, the
time and place, and manner of the interview on school premises shall be within the discretion
of school officials, but the local welfare or law enforcement agency shall have the exclusive
authority to determine who may attend the interview. The conditions as to time, place, and
manner of the interview set by the school officials shall be reasonable and the interview
shall be conducted not more than 24 hours after the receipt of the notification unless another
time is considered necessary by agreement between the school officials and the local welfare
or law enforcement agency. Where the school fails to comply with the provisions of this
paragraph, the juvenile court may order the school to comply. Every effort must be made
to reduce the disruption of the educational program of the child, other students, or school
staff when an interview is conducted on school premises.

(f) Where the alleged offender or a person responsible for the care of the alleged victim
or other minor prevents access to the victim or other minor by the local welfare agency, the
juvenile court may order the parents, legal custodian, or guardian to produce the alleged
victim or other minor for questioning by the local welfare agency or the local law
enforcement agency outside the presence of the alleged offender or any person responsible
for the child's care at reasonable places and times as specified by court order.

(g) Before making an order under paragraph (f), the court shall issue an order to show
cause, either upon its own motion or upon a verified petition, specifying the basis for the
requested interviews and fixing the time and place of the hearing. The order to show cause
shall be served personally and shall be heard in the same manner as provided in other cases
in the juvenile court. The court shall consider the need for appointment of a guardian ad
litem to protect the best interests of the child. If appointed, the guardian ad litem shall be
present at the hearing on the order to show cause.

(h) The commissioner of human services, the ombudsman for mental health and
developmental disabilities, the local welfare agencies responsible for investigating reports,
the commissioner of education, and the local law enforcement agencies have the right to
enter facilities as defined in subdivision 2 and to inspect and copy the facility's records,
including medical records, as part of the investigation. Notwithstanding the provisions of
chapter 13, they also have the right to inform the facility under investigation that they are
conducting an investigation, to disclose to the facility the names of the individuals under
investigation for abusing or neglecting a child, and to provide the facility with a copy of
the report and the investigative findings.

(i) The local welfare agency responsible for conducting a family assessment deleted text beginordeleted text endnew text begin,new text end
investigationnew text begin, or noncaregiver sex trafficking assessmentnew text end shall collect available and relevant
information to determine child safety, risk of subsequent child maltreatment, and family
strengths and needs and share not public information with an Indian's tribal social services
agency without violating any law of the state that may otherwise impose duties of
confidentiality on the local welfare agency in order to implement the tribal state agreement.
deleted text begin The local welfare agency or the agency responsible for investigating the report shall collect
available and relevant information to ascertain whether maltreatment occurred and whether
protective services are needed.
deleted text end Information collected includes, when relevant, information
with regard to the person reporting the alleged maltreatment, including the nature of the
reporter's relationship to the child and to the alleged offender, and the basis of the reporter's
knowledge for the report; the child allegedly being maltreated; the alleged offender; the
child's caretaker; and other collateral sources having relevant information related to the
alleged maltreatment. new text beginThe local welfare agency or the agency responsible for investigating
the report shall collect available and relevant information to ascertain whether maltreatment
occurred and whether protective services are needed.
new text endThe local welfare agency or the agency
responsible for investigating the report may make a determination of no maltreatment early
in an investigation, and close the case and retain immunity, if the collected information
shows no basis for a full investigation.

Information relevant to thenew text begin familynew text end assessment deleted text beginordeleted text endnew text begin,new text end investigationnew text begin, or noncaregiver sex
trafficking assessment
new text end must be asked for, and may include:

(1) the child's sex and age; prior reports of maltreatment, including any maltreatment
reports that were screened out and not accepted fornew text begin familynew text end assessment deleted text beginordeleted text endnew text begin,new text end investigationnew text begin, or
noncaregiver sex trafficking assessment
new text end; information relating to developmental functioning;
credibility of the child's statement; and whether the information provided under this clause
is consistent with other information collected during the course of thenew text begin familynew text end assessment
deleted text begin ordeleted text endnew text begin,new text end investigationnew text begin, or noncaregiver sex trafficking assessmentnew text end;

(2) the alleged offender's age, a record check for prior reports of maltreatment, and
criminal charges and convictions. The local welfare agency or the agency responsible for
assessing or investigating the report must provide the alleged offender with an opportunity
to make a statementnew text begin, except in noncaregiver sex trafficking assessmentsnew text end. The alleged offender
may submit supporting documentation relevant to thenew text begin familynew text end assessment or investigation;

(3) collateral source information regarding the alleged maltreatment and care of the
child. Collateral information includes, when relevant: (i) a medical examination of the child;
(ii) prior medical records relating to the alleged maltreatment or the care of the child
maintained by any facility, clinic, or health care professional and an interview with the
treating professionals; and (iii) interviews with the child's caretakers, including the child's
parent, guardian, foster parent, child care provider, teachers, counselors, family members,
relatives, and other persons who may have knowledge regarding the alleged maltreatment
and the care of the child; and

(4) information on the existence of domestic abuse and violence in the home of the child,
and substance abuse.

Nothing in this paragraph precludes the local welfare agency, the local law enforcement
agency, or the agency responsible for assessing or investigating the report from collecting
other relevant information necessary to conduct the assessment or investigation.
Notwithstanding sections 13.384 or 144.291 to 144.298, the local welfare agency has access
to medical data and records for purposes of clause (3). Notwithstanding the data's
classification in the possession of any other agency, data acquired by the local welfare
agency or the agency responsible for assessing or investigating the report during the course
of the assessment or investigation are private data on individuals and must be maintained
in accordance with subdivision 11. Data of the commissioner of education collected or
maintained during and for the purpose of an investigation of alleged maltreatment in a school
are governed by this section, notwithstanding the data's classification as educational,
licensing, or personnel data under chapter 13.

In conducting an assessment or investigation involving a school facility as defined in
subdivision 2, paragraph (c), the commissioner of education shall collect investigative
reports and data that are relevant to a report of maltreatment and are from local law
enforcement and the school facility.

(j) Upon receipt of a report, the local welfare agency shall conduct a face-to-face contact
with the child reported to be maltreated and with the child's primary caregiver sufficient to
complete a safety assessment and ensure the immediate safety of the child. The face-to-face
contact with the child and primary caregiver shall occur immediately if sexual abusenew text begin, except
in noncaregiver sex trafficking assessments,
new text end or substantial child endangerment is alleged
and within five calendar days for all other reports. If the alleged offender was not already
interviewed as the primary caregiver, the local welfare agency shall also conduct a
face-to-face interview with the alleged offender in the early stages of the assessment or
investigationnew text begin, except in noncaregiver sex trafficking assessmentsnew text end. At the initial contact, the
local child welfare agency or the agency responsible for deleted text beginassessing or investigating the reportdeleted text endnew text begin
the family assessment or investigation
new text end must inform the alleged offender of the complaints
or allegations made against the individual in a manner consistent with laws protecting the
rights of the person who made the report. The interview with the alleged offender may be
postponed if it would jeopardize an active law enforcement investigation.new text begin In cases of
noncaregiver sex trafficking assessments, there is no requirement for the local child welfare
agency or the agency responsible for investigating the report to inform or interview the
alleged offender.
new text end

(k) When conducting an investigation, the local welfare agency shall use a question and
answer interviewing format with questioning as nondirective as possible to elicit spontaneous
responses. For investigations only, the following interviewing methods and procedures must
be used whenever possible when collecting information:

(1) audio recordings of all interviews with witnesses and collateral sources; and

(2) in cases of alleged sexual abuse, audio-video recordings of each interview with the
alleged victim and child witnesses.

(l) In conducting an assessment or investigation involving a school facility as defined
in subdivision 2, paragraph (c), the commissioner of education shall collect available and
relevant information and use the procedures in paragraphs (j) and (k), and subdivision 3d,
except that the requirement for face-to-face observation of the child and face-to-face interview
of the alleged offender is to occur in the initial stages of the assessment or investigation
provided that the commissioner may also base the assessment or investigation on investigative
reports and data received from the school facility and local law enforcement, to the extent
those investigations satisfy the requirements of paragraphs (j) and (k), and subdivision 3d.

Sec. 9.

Minnesota Statutes 2018, section 626.556, subdivision 10e, is amended to read:


Subd. 10e.

Determinations.

(a) The local welfare agency shall conclude the family
assessment deleted text beginor thedeleted text endnew text begin,new text end investigationnew text begin, or noncaregiver sex trafficking assessmentnew text end within 45 days
of the receipt of a report. The conclusion of thenew text begin familynew text end assessment deleted text beginordeleted text endnew text begin,new text end investigationnew text begin, or
noncaregiver sex trafficking assessment
new text end may be extended to permit the completion of a
criminal investigation or the receipt of expert information requested within 45 days of the
receipt of the report.

(b) After conducting a family assessmentnew text begin or noncaregiver sex trafficking assessmentnew text end,
the local welfare agency shall determine whether services are needed to address the safety
of the child and other family members and the risk of subsequent maltreatment.

(c) After conducting an investigation, the local welfare agency shall make two
determinations: first, whether maltreatment has occurred; and second, whether child
protective services are needed. No determination of maltreatment shall be made when the
alleged perpetrator is a child under the age of ten.

(d) If the commissioner of education conducts an assessment or investigation, the
commissioner shall determine whether maltreatment occurred and what corrective or
protective action was taken by the school facility. If a determination is made that
maltreatment has occurred, the commissioner shall report to the employer, the school board,
and any appropriate licensing entity the determination that maltreatment occurred and what
corrective or protective action was taken by the school facility. In all other cases, the
commissioner shall inform the school board or employer that a report was received, the
subject of the report, the date of the initial report, the category of maltreatment alleged as
defined in paragraph (f), the fact that maltreatment was not determined, and a summary of
the specific reasons for the determination.

(e) When maltreatment is determined in an investigation involving a facility, the
investigating agency shall also determine whether the facility or individual was responsible,
or whether both the facility and the individual were responsible for the maltreatment using
the mitigating factors in paragraph (i). Determinations under this subdivision must be made
based on a preponderance of the evidence and are private data on individuals or nonpublic
data as maintained by the commissioner of education.

(f) For the purposes of this subdivision, "maltreatment" means any of the following acts
or omissions:

(1) physical abuse as defined in subdivision 2, paragraph (k);

(2) neglect as defined in subdivision 2, paragraph (g);

(3) sexual abuse as defined in subdivision 2, paragraph (n);

(4) mental injury as defined in subdivision 2, paragraph (f); or

(5) maltreatment of a child in a facility as defined in subdivision 2, paragraph (c).

(g) For the purposes of this subdivision, a determination that child protective services
are needed means that the local welfare agency has documented conditions during the new text beginfamily
new text end assessment deleted text beginordeleted text endnew text begin,new text end investigationnew text begin, or noncaregiver sex trafficking assessmentnew text end sufficient to cause
a child protection worker, as defined in section 626.559, subdivision 1, to conclude that a
child is at significant risk of maltreatment if protective intervention is not provided and that
the individuals responsible for the child's care have not taken or are not likely to take actions
to protect the child from maltreatment or risk of maltreatment.

(h) This subdivision does not mean that maltreatment has occurred solely because the
child's parent, guardian, or other person responsible for the child's care in good faith selects
and depends upon spiritual means or prayer for treatment or care of disease or remedial care
of the child, in lieu of medical care. However, if lack of medical care may result in serious
danger to the child's health, the local welfare agency may ensure that necessary medical
services are provided to the child.

(i) When determining whether the facility or individual is the responsible party, or
whether both the facility and the individual are responsible for determined maltreatment in
a facility, the investigating agency shall consider at least the following mitigating factors:

(1) whether the actions of the facility or the individual caregivers were according to,
and followed the terms of, an erroneous physician order, prescription, individual care plan,
or directive; however, this is not a mitigating factor when the facility or caregiver was
responsible for the issuance of the erroneous order, prescription, individual care plan, or
directive or knew or should have known of the errors and took no reasonable measures to
correct the defect before administering care;

(2) comparative responsibility between the facility, other caregivers, and requirements
placed upon an employee, including the facility's compliance with related regulatory standards
and the adequacy of facility policies and procedures, facility training, an individual's
participation in the training, the caregiver's supervision, and facility staffing levels and the
scope of the individual employee's authority and discretion; and

(3) whether the facility or individual followed professional standards in exercising
professional judgment.

The evaluation of the facility's responsibility under clause (2) must not be based on the
completeness of the risk assessment or risk reduction plan required under section 245A.66,
but must be based on the facility's compliance with the regulatory standards for policies
and procedures, training, and supervision as cited in Minnesota Statutes and Minnesota
Rules.

(j) Notwithstanding paragraph (i), when maltreatment is determined to have been
committed by an individual who is also the facility license or certification holder, both the
individual and the facility must be determined responsible for the maltreatment, and both
the background study disqualification standards under section 245C.15, subdivision 4, and
the licensing or certification actions under section 245A.06, 245A.07, 245H.06, or 245H.07
apply.

Sec. 10.

Minnesota Statutes 2018, section 626.556, subdivision 10f, is amended to read:


Subd. 10f.

Notice of determinations.

Within ten working days of the conclusion of a
family assessmentnew text begin or noncaregiver sex trafficking assessmentnew text end, the local welfare agency
shall notify the parent or guardian of the child of the need for services to address child safety
concerns or significant risk of subsequent child maltreatment. The local welfare agency and
the family may also jointly agree that family support and family preservation services are
needed. Within ten working days of the conclusion of an investigation, the local welfare
agency or agency responsible for investigating the report shall notify the parent or guardian
of the child, the person determined to be maltreating the child, and, if applicable, the director
of the facility, of the determination and a summary of the specific reasons for the
determination. When the investigation involves a child foster care setting that is monitored
by a private licensing agency under section 245A.16, the local welfare agency responsible
for investigating the report shall notify the private licensing agency of the determination
and shall provide a summary of the specific reasons for the determination. The notice to
the private licensing agency must include identifying private data, but not the identity of
the reporter of maltreatment. The notice must also include a certification that the information
collection procedures under subdivision 10, paragraphs (h), (i), and (j), were followed and
a notice of the right of a data subject to obtain access to other private data on the subject
collected, created, or maintained under this section. In addition, the notice shall include the
length of time that the records will be kept under subdivision 11c. The investigating agency
shall notify the parent or guardian of the child who is the subject of the report, and any
person or facility determined to have maltreated a child, of their appeal or review rights
under this section. The notice must also state that a finding of maltreatment may result in
denial of a license or certification application or background study disqualification under
chapter 245C related to employment or services that are licensed or certified by the
Department of Human Services under chapter 245A or 245H, the Department of Health
under chapter 144 or 144A, the Department of Corrections under section 241.021, and from
providing services related to an unlicensed personal care provider organization under chapter
256B.

Sec. 11.

Minnesota Statutes 2018, section 626.556, subdivision 10i, is amended to read:


Subd. 10i.

Administrative reconsideration; review panel.

(a) Administrative
reconsideration is not applicable in family assessmentsnew text begin or noncaregiver sex trafficking
assessments
new text end since no determination concerning maltreatment is made. For investigations,
except as provided under paragraph (e), an individual or facility that the commissioner of
human services, a local social service agency, or the commissioner of education determines
has maltreated a child, an interested person acting on behalf of the child, regardless of the
determination, who contests the investigating agency's final determination regarding
maltreatment, may request the investigating agency to reconsider its final determination
regarding maltreatment. The request for reconsideration must be submitted in writing to the
investigating agency within 15 calendar days after receipt of notice of the final determination
regarding maltreatment or, if the request is made by an interested person who is not entitled
to notice, within 15 days after receipt of the notice by the parent or guardian of the child.
If mailed, the request for reconsideration must be postmarked and sent to the investigating
agency within 15 calendar days of the individual's or facility's receipt of the final
determination. If the request for reconsideration is made by personal service, it must be
received by the investigating agency within 15 calendar days after the individual's or facility's
receipt of the final determination. Effective January 1, 2002, an individual who was
determined to have maltreated a child under this section and who was disqualified on the
basis of serious or recurring maltreatment under sections 245C.14 and 245C.15, may request
reconsideration of the maltreatment determination and the disqualification. The request for
reconsideration of the maltreatment determination and the disqualification must be submitted
within 30 calendar days of the individual's receipt of the notice of disqualification under
sections 245C.16 and 245C.17. If mailed, the request for reconsideration of the maltreatment
determination and the disqualification must be postmarked and sent to the investigating
agency within 30 calendar days of the individual's receipt of the maltreatment determination
and notice of disqualification. If the request for reconsideration is made by personal service,
it must be received by the investigating agency within 30 calendar days after the individual's
receipt of the notice of disqualification.

(b) Except as provided under paragraphs (e) and (f), if the investigating agency denies
the request or fails to act upon the request within 15 working days after receiving the request
for reconsideration, the person or facility entitled to a fair hearing under section 256.045
may submit to the commissioner of human services or the commissioner of education a
written request for a hearing under that section. Section 256.045 also governs hearings
requested to contest a final determination of the commissioner of education. The investigating
agency shall notify persons who request reconsideration of their rights under this paragraph.
The hearings specified under this section are the only administrative appeal of a decision
issued under paragraph (a). Determinations under this section are not subject to accuracy
and completeness challenges under section 13.04.

(c) If, as a result of a reconsideration or review, the investigating agency changes the
final determination of maltreatment, that agency shall notify the parties specified in
subdivisions 10b, 10d, and 10f.

(d) Except as provided under paragraph (f), if an individual or facility contests the
investigating agency's final determination regarding maltreatment by requesting a fair
hearing under section 256.045, the commissioner of human services shall assure that the
hearing is conducted and a decision is reached within 90 days of receipt of the request for
a hearing. The time for action on the decision may be extended for as many days as the
hearing is postponed or the record is held open for the benefit of either party.

(e) If an individual was disqualified under sections 245C.14 and 245C.15, on the basis
of a determination of maltreatment, which was serious or recurring, and the individual has
requested reconsideration of the maltreatment determination under paragraph (a) and
requested reconsideration of the disqualification under sections 245C.21 to 245C.27,
reconsideration of the maltreatment determination and reconsideration of the disqualification
shall be consolidated into a single reconsideration. If reconsideration of the maltreatment
determination is denied and the individual remains disqualified following a reconsideration
decision, the individual may request a fair hearing under section 256.045. If an individual
requests a fair hearing on the maltreatment determination and the disqualification, the scope
of the fair hearing shall include both the maltreatment determination and the disqualification.

(f) If a maltreatment determination or a disqualification based on serious or recurring
maltreatment is the basis for a denial of a license under section 245A.05 or a licensing
sanction under section 245A.07, the license holder has the right to a contested case hearing
under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. As provided for
under section 245A.08, subdivision 2a, the scope of the contested case hearing shall include
the maltreatment determination, disqualification, and licensing sanction or denial of a license.
In such cases, a fair hearing regarding the maltreatment determination and disqualification
shall not be conducted under section 256.045. Except for family child care and child foster
care, reconsideration of a maltreatment determination as provided under this subdivision,
and reconsideration of a disqualification as provided under section 245C.22, shall also not
be conducted when:

(1) a denial of a license under section 245A.05 or a licensing sanction under section
245A.07, is based on a determination that the license holder is responsible for maltreatment
or the disqualification of a license holder based on serious or recurring maltreatment;

(2) the denial of a license or licensing sanction is issued at the same time as the
maltreatment determination or disqualification; and

(3) the license holder appeals the maltreatment determination or disqualification, and
denial of a license or licensing sanction.

Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment
determination or disqualification, but does not appeal the denial of a license or a licensing
sanction, reconsideration of the maltreatment determination shall be conducted under sections
626.556, subdivision 10i, and 626.557, subdivision 9d, and reconsideration of the
disqualification shall be conducted under section 245C.22. In such cases, a fair hearing shall
also be conducted as provided under sections 245C.27, 626.556, subdivision 10i, and
626.557, subdivision 9d.

If the disqualified subject is an individual other than the license holder and upon whom
a background study must be conducted under chapter 245C, the hearings of all parties may
be consolidated into a single contested case hearing upon consent of all parties and the
administrative law judge.

(g) For purposes of this subdivision, "interested person acting on behalf of the child"
means a parent or legal guardian; stepparent; grandparent; guardian ad litem; adult
stepbrother, stepsister, or sibling; or adult aunt or uncle; unless the person has been
determined to be the perpetrator of the maltreatment.

(h) If a maltreatment determination is the basis for a correction order under section
245H.06 or decertification under section 245H.07, the certification holder has the right to
request reconsideration under sections 245H.06 and 245H.07. If the certification holder
appeals the maltreatment determination or disqualification, but does not appeal the correction
order or decertification, reconsideration of the maltreatment determination shall be conducted
under section 626.556, subdivision 10i, and reconsideration of the disqualification shall be
conducted under section 245C.22.

Sec. 12.

Minnesota Statutes 2018, section 626.556, subdivision 10k, is amended to read:


Subd. 10k.

Release of certain assessment or investigative records to other
counties.

Records maintained under subdivision 11c, paragraph (a), may be shared with
another local welfare agency that requests the information because it is conducting deleted text beginandeleted text endnew text begin a
family
new text end assessment deleted text beginordeleted text endnew text begin,new text end investigationnew text begin, or noncaregiver sex trafficking assessmentnew text end under this
section of the subject of the records.

Sec. 13.

Minnesota Statutes 2018, section 626.556, subdivision 10l, is amended to read:


Subd. 10l.

Documentation.

When a case is closed that has been open for services, the
local welfare agency shall document the outcome of the family assessment deleted text beginordeleted text endnew text begin,new text end investigationnew text begin,
or noncaregiver sex trafficking assessment
new text end, including a description of services provided
and the removal or reduction of risk to the child, if it existed.

Sec. 14.

Minnesota Statutes 2018, section 626.556, subdivision 10m, is amended to read:


Subd. 10m.

Provision of child protective services; consultation with county
attorney.

(a) The local welfare agency shall create a written plan, in collaboration with the
family whenever possible, within 30 days of the determination that child protective services
are needed or upon joint agreement of the local welfare agency and the family that family
support and preservation services are needed. Child protective services for a family are
voluntary unless ordered by the court.

(b) The local welfare agency shall consult with the county attorney to determine the
appropriateness of filing a petition alleging the child is in need of protection or services
under section 260C.007, subdivision 6, if:

(1) the family does not accept or comply with a plan for child protective services;

(2) voluntary child protective services may not provide sufficient protection for the child;
or

(3) the family is not cooperating with an investigation deleted text beginordeleted text endnew text begin, familynew text end assessmentnew text begin, or
noncaregiver sex trafficking assessment
new text end.

Sec. 15.

Minnesota Statutes 2018, 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 reports alleging child maltreatment that were not accepted for assessment or
investigation, family assessmentnew text begin, or noncaregiver sex trafficking assessmentnew text end cases, and
cases where an investigation results in no determination of maltreatment or the need for
child protective services, the records must be maintained for a period of five years after the
date the report was not accepted for assessment or investigation or of the final entry in the
case record. Records of reports that were not accepted must contain sufficient information
to identify the subjects of the report, the nature of the alleged maltreatment, and the reasons
as to why the report was not accepted. Records under this paragraph may not be used for
employment, background checks, or purposes other than to assist in future screening decisions
and 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 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.

Sec. 16.

Minnesota Statutes 2018, section 626.558, subdivision 1, is amended to read:


Subdivision 1.

Establishment of team.

A county shall establish a multidisciplinary
child protection team that may include, but not be limited to, the director of the local welfare
agency or designees, the county attorney or designees, the county sheriff or designees,
representatives of health and education, representatives of mental healthnew text begin, representatives of
agencies providing specialized services or response for youth who experience sex trafficking
or sexual exploitation
new text end or other appropriate human service or community-based agencies,
and parent groups. As used in this section, a "community-based agency" may include, but
is not limited to, schools, social service agencies, family service and mental health
collaboratives, children's advocacy centers, early childhood and family education programs,
Head Start, or other agencies serving children and families. A member of the team must be
designated as the lead person of the team responsible for the planning process to develop
standards for its activities with battered women's and domestic abuse programs and services.

Sec. 17.

Minnesota Statutes 2018, section 626.559, is amended by adding a subdivision
to read:


new text begin Subd. 1c. new text end

new text begin Sex trafficking and sexual exploitation training requirement. new text end

new text begin As required
by the Child Abuse Prevention and Treatment Act amendments through Public Law 114-22,
all child protection workers and social services staff with responsibility for child protective
duties under section 626.556 shall complete training implemented by the commissioner of
human services regarding sex trafficking and sexual exploitation.
new text end