Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 630-S.F.No. 2266 
           An act relating to child abuse; providing for the 
          development of a training program for child protection 
          workers; authorizing counties to establish pilot 
          programs; allowing the appointment of a child 
          intermediary in certain criminal child abuse 
          proceedings; prescribing powers and duties of the 
          intermediary; amending Minnesota Statutes 1986, 
          section 626.559, by adding a subdivision; proposing 
          coding for new law in Minnesota Statutes, chapter 626.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 626.559, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [CHILD PROTECTION WORKER PRESERVICE 
EDUCATION.] Any individual who seeks employment as a child 
protection worker after the commissioner of human services has 
implemented the preservice training program developed under 
section 2, subdivision 2, must complete preservice training in 
order to be eligible for employment as a child protection worker.
    Sec. 2.  [626.5591] [CHILD PROTECTION WORKERS; TRAINING; 
ADVISORY COMMITTEE.] 
    Subdivision 1.  [DEFINITIONS.] As used in this section, the 
following terms have the meaning given unless the specific 
context indicates otherwise: 
    (a) "Child protection agency" means an agency authorized to 
receive reports, conduct assessments and investigations, and 
make determinations pursuant to section 626.556, subdivision 10. 
    (b) "Child protection services" means the receipt and 
assessment of reports of child maltreatment and the provision of 
services to families and children when maltreatment has occurred 
or when there is risk of maltreatment.  These services include:  
(1) the assessment of risk to a child alleged to have been 
abused or neglected; (2) interviews of any person alleged to 
have abused or neglected a child and the child or children 
involved in the report, and interviews with persons having facts 
or knowledge necessary to assess the level of risk to a child 
and the need for protective intervention; (3) the gathering of 
written or evidentiary materials; (4) the recording of case 
findings and determinations; and (5) other actions required by 
section 626.556, administrative rule, or agency policy, but 
excluding administrative practices necessary solely for the 
collection of data. 
    (c) "Competency-based training" means a course of 
instruction that provides both information and skills practice, 
which is based upon clearly stated and measurable instructional 
objectives, and which requires demonstration of the achievement 
of a particular standard of skills and knowledge for 
satisfactory completion. 
    (d) "Preservice training" means training provided to local 
child protection workers before they perform official job duties 
in a local child protection agency. 
    (e) "Probationary training" means training provided to a 
local child protection worker after the person has begun to 
perform child protection duties, but before the expiration of 
six months of employment as a child protection worker.  This 
probationary training must occur during the performance of job 
duties and must include an evaluation of the employee's 
application of skills and knowledge. 
    (f) "In-service training" means training provided to a 
local child protection worker after the person has performed an 
initial six months of employment as a child protection worker. 
     Subd. 2.  [TRAINING PROGRAM; DEVELOPMENT.] The commissioner 
of human services shall develop a program of competency-based 
preservice and probationary training for child protection 
workers if funds are appropriated to the commissioner for this 
purpose. 
    Sec. 3.  [626.5592] [STEERING COMMITTEE.] 
    Subdivision 1.  [APPOINTMENT.] The commissioner of human 
services shall appoint a steering committee to assist in the 
development of the training program under section 2. 
    Subd. 2.  [MEMBERSHIP.] The steering committee consists of 
the following members: 
    (1) two individuals who are in a supervisory capacity in a 
local child protection agency; 
    (2) two individuals who are child protection workers with 
significant experience; 
    (3) one individual who has expertise in training and 
development; 
    (4) one law enforcement officer;  
    (5) three individuals who have particular expertise in any 
aspect of child protection services described in section 2; and 
    (6) three individuals from among the general public. 
    Subd. 3.  [DUTIES.] The steering committee shall advise the 
commissioner regarding the format and content of the training 
program developed under section 2.  The steering committee shall 
also: 
    (1) review and approve a two-year plan for the 
implementation of section 2; 
    (2) make recommendations as to the staffing and operation 
of section 2; 
    (3) make recommendations to the legislature on the 
implementation of section 2; and 
    (4) review implementation steps on a regular basis, and 
recommend necessary changes in department or public policy. 
    Subd. 4.  [COMPENSATION.] The steering committee shall 
serve without compensation. 
    Sec. 4.  [626.563] [APPOINTMENT OF CHILD INTERMEDIARY IN CERTAIN 
CHILD ABUSE CASES; PILOT PROGRAM.] 
    Subdivision 1.  [DEFINITIONS.] The definitions in this 
subdivision apply to this section. 
     (a) "Child abuse" means any act which involves a minor 
victim and which constitutes a violation of section 609.221, 
609.222, 609.223, 609.224, 609.255, 609.342, 609.343, 609.344, 
609.345, 609.377, or 609.378. 
    (b) "Significant relationship" means a relationship as 
defined by Minnesota Statutes, section 609.341, subdivision 15. 
    (c) "Child" means a person under the age of 18 who is the 
alleged victim of child abuse perpetrated by an adult who has a 
significant relationship with the child victim. 
    Subd. 2.  [ESTABLISHMENT OF PILOT PROGRAM.] Until July 1, 
1989, a county board may establish a three-year pilot project 
authorizing the appointment of a child intermediary under this 
section and setting forth criteria for selecting and training 
the intermediary and monitoring the program.  The intermediaries 
may be paid or may be volunteers, but shall function 
independently of the county human services agency, the county 
attorney's office, local law enforcement agencies, and the 
public defender's office. 
    By January 1, 1991, a county participating in the program 
must report to the legislature the interim results of its pilot 
program.  The county must submit a final report of the results 
of the program to the legislature by January 1, 1993. 
    Subd. 3.  [APPOINTMENT BY COURT.] In a county with a pilot 
program established under subdivision 2, a child intermediary 
may be appointed by the district court at the time a criminal 
charge is filed alleging child abuse against a child by an adult 
who has a significant relationship with that child.  In making 
the appointment, the court shall consider the person's 
background in and familiarity with the judicial process, social 
service programs, and child abuse.  If a guardian ad litem or 
other representative has been appointed to represent the child 
in concurrent judicial proceedings, the district court shall 
appoint the same individual to be the child intermediary if 
possible and if qualifications are met.  The court must not 
appoint as a child intermediary a person who is likely to be a 
witness in any proceeding associated with the alleged child 
abuse. 
    Subd. 4.  [DUTIES.] A child intermediary's duties include 
the following: 
    (1) protecting the child from unnecessary further trauma by 
marshaling and coordinating the delivery of available resources 
and special services to the child and the child's family; 
    (2) advising the court as to the child's special needs with 
regard to pretrial interviews, deposition or trial testimony, 
and the expediting of proceedings, and with respect to the 
child's ability to understand the process; 
    (3) advising the prosecuting attorney as to a child's 
ability to cooperate with the prosecution, and the potential 
effects of the proceedings on the child; and 
    (4) guaranteeing that the rights established for victims in 
Minnesota Statutes, section 611A.037 are extended to the child 
or to the child intermediary on the child's behalf. 
    Subd. 5.  [POWERS.] A child intermediary has the power to: 
    (1) gain access to all reports, evaluations, and records 
necessary to perform the intermediary's functions, but not 
including attorneys' work product; and 
    (2) make motions or objections to motions and petition the 
court for the appointment of an attorney for the intermediary if 
necessary to adequately protect the best interests of the child. 
    The intermediary may not introduce evidence or examine or 
cross-examine witnesses in the presence of the jury. 
    Subd. 6.  [WITNESS PRIVILEGE.] Notwithstanding Minnesota 
Statutes, section 595.02, subdivision 1, child intermediaries 
appointed in child abuse cases under this section may not be 
compelled to testify in any court action or proceeding about any 
opinion or information received from or about the child victim 
in the course of serving as an intermediary. 
    Approved April 24, 1988