Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 177-H.F.No. 731 
           An act relating to data practices; providing for 
          classification of law enforcement data on child abuse; 
          amending Minnesota Statutes 1988, sections 13.82, by 
          adding a subdivision; and 626.556, subdivisions 11 and 
          11c. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, section 13.82, is 
amended by adding a subdivision to read: 
    Subd. 5b.  [INACTIVE CHILD ABUSE DATA.] Investigative data 
that become inactive under subdivision 5, clause (a) or (b), and 
that relate to the alleged abuse or neglect of a child by a 
person responsible for the child's care, as defined in section 
626.556, subdivision 2, are private data. 
    Sec. 2.  Minnesota Statutes 1988, section 626.556, 
subdivision 11, is amended to read: 
    Subd. 11.  [RECORDS.] Except as provided in subdivisions 
10b, 10d, and 11b, all records concerning individuals maintained 
by a local welfare agency under this section, including any 
written reports filed under subdivision 7, shall be private data 
on individuals, except insofar as copies of reports are required 
by subdivision 7 to be sent to the local police department or 
the county sheriff.  Report records Reports maintained by any 
police department or the county sheriff shall be private data on 
individuals except the reports shall be made available to the 
investigating, petitioning, or prosecuting authority.  Section 
13.82, subdivisions 5, 5a, and 5b, apply to law enforcement data 
other than the reports.  The welfare board shall make available 
to the investigating, petitioning, or prosecuting authority any 
records which contain information relating to a specific 
incident of neglect or abuse which is under investigation, 
petition, or prosecution and information relating to any prior 
incidents of neglect or abuse involving any of the same 
persons.  The records shall be collected and maintained in 
accordance with the provisions of chapter 13.  In conducting 
investigations and assessments pursuant to this section, the 
notice required by section 13.04, subdivision 2, need not be 
provided to a minor under the age of ten who is the alleged 
victim of abuse or neglect.  An individual subject of a record 
shall have access to the record in accordance with those 
sections, except that the name of the reporter shall be 
confidential while the report is under assessment or 
investigation except as otherwise permitted by this 
subdivision.  Any person conducting an investigation or 
assessment under this section who intentionally discloses the 
identity of a reporter prior to the completion of the 
investigation or assessment is guilty of a misdemeanor.  After 
the assessment or investigation is completed, the name of the 
reporter shall be confidential.  The subject of the report may 
compel disclosure of the name of the reporter only with the 
consent of the reporter or upon a written finding by the court 
that the report was false and that there is evidence that the 
report was made in bad faith.  This subdivision does not alter 
disclosure responsibilities or obligations under the rules of 
criminal procedure. 
    Sec. 3.  Minnesota Statutes 1988, section 626.556, 
subdivision 11c, is amended to read: 
    Subd. 11c.  [WELFARE AND SCHOOL RECORDS MAINTAINED.] 
Notwithstanding sections 138.163 and 138.17, records maintained 
or records derived from reports of abuse by local welfare 
agencies, county sheriffs or police departments, or schools 
under this section shall be destroyed as provided in paragraphs 
(a) to (c) by the responsible authority. 
    (a) If upon assessment or investigation there is no 
determination of maltreatment or the need for child protective 
services, the records may be maintained for a period of four 
years.  After the individual alleged to have maltreated a child 
is notified under subdivision 10f of the determinations at the 
conclusion of the assessment or investigation, upon that 
individual's request, records shall be destroyed within 30 days. 
    (b) All records relating to reports which, upon assessment 
or investigation, indicate either maltreatment or a need for 
child protective services shall be destroyed seven 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. 
    Presented to the governor May 16, 1989 
    Signed by the governor May 17, 1989, 6:34 p.m.