Office of the Revisor of Statutes
Minnesota Session Laws - 1990, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1990
CHAPTER 542-H.F.No. 2390
An act relating to children; creating a legislative
commission on child protection; providing improved
procedures to protect the safety and welfare of abused
and neglected children; improving data practices;
including mental injuries and threatened injuries as
abuse to be reported as maltreatment of minors;
increasing penalties for assault against a child when
there is a past pattern of child abuse; increasing the
penalty for malicious child punishment resulting in
great bodily harm; excluding persons convicted of
child abuse or criminal sexual conduct seeking
employment in juvenile corrections from certain
protections for criminal offenders; providing for
maternal and child health services in chemical abuse
situations; defining controlled substances for
purposes of reporting prenatal exposure to controlled
substances; appropriating money; amending Minnesota
Statutes 1988, sections 145.88; 145.882, subdivision
7; 147.09; 259.40, subdivisions 1 and 4; 260.011,
subdivision 2; 260.155, subdivision 1; 609.379,
subdivision 2; 626.556, subdivisions 1, 3, 4, and by
adding a subdivision; and 626.559, subdivision 2;
Minnesota Statutes 1989 Supplement, sections 245A.04,
subdivision 3; 260.015, subdivision 2a; 260.161,
subdivision 2; 260.171, subdivision 4; 260.221,
subdivision 1; 364.09; 609.223; 609.377; 626.556,
subdivisions 2, 10e, and 11; 626.5561, subdivisions 1,
3, 4, and by adding a subdivision; 626.5562,
subdivisions 1, 2, and 4; and 626.558, subdivision 1;
proposing coding for new law in Minnesota Statutes,
chapters 3; 144; and 245.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [3.9227] [LEGISLATIVE COMMISSION ON CHILD
PROTECTION.]
Subdivision 1. [CREATION.] A legislative commission on
child protection is created consisting of ten members. Five
members of the house of representatives, including members of
the minority caucus, shall be appointed by the speaker and five
members of the senate, including members of the minority caucus,
shall be appointed by the subcommittee on committees. Members
serve until expiration of their legislative terms and vacancies
must be filled in the same manner as the original positions.
Subd. 2. [POWERS AND DUTIES.] The commission shall study
matters relating to child protection and coordinate and oversee
activities of the standing committees dealing with these
issues. The commission's agenda shall include:
(1) analyzing and making recommendations regarding federal,
state, and county funding and responsibility for the child
protection system;
(2) developing ways to maximize the use of federal funding
sources to enhance state child protection efforts; and
(3) encouraging and facilitating the funding of child
protection services with an emphasis on prevention and treatment.
Subd. 3. [REPORT.] The commission shall report its
findings and recommendations to the governor and the legislature
by December 15 of each even-numbered year, beginning in 1992.
Subd. 4. [ADMINISTRATION.] The commission shall utilize
existing legislative staff in carrying out its duties.
Sec. 2. [144.3871] [POSTERS ON THE DANGERS OF ALCOHOL
USE.]
The commissioner of health shall encourage all
establishments required to obtain on-sale or off-sale
intoxicating liquor licenses under chapter 340A, to display, in
a prominent location, posters informing pregnant women of the
dangers of alcohol use. The commissioner shall make posters
available, at no charge, to establishments with on-sale or
off-sale licenses for intoxicating liquors. Posters must
provide, in large print, the following message: "Warning:
drinking alcoholic beverages during pregnancy can cause birth
defects and prematurity" or a similar message approved by the
commissioner of health.
Sec. 3. Minnesota Statutes 1988, section 145.88, is
amended to read:
145.88 [PURPOSE.]
The legislature finds that it is in the public interest to
assure:
(a) Statewide planning and coordination of maternal and
child health services through the acquisition and analysis of
population-based health data, provision of technical support and
training, and coordination of the various public and private
maternal and child health efforts; and
(b) Support for targeted maternal and child health services
in communities with significant populations of high risk, low
income families through a grants process.
Federal money received by the Minnesota department of
health, pursuant to United States Code, title 42, sections 701
to 709, shall be expended to:
(1) assure access to quality maternal and child health
services for mothers and children, especially those of low
income and with limited availability to health services and
those children at risk of physical, neurological, emotional, and
developmental problems arising from chemical abuse by a mother
during pregnancy;
(2) reduce infant mortality and the incidence of
preventable diseases and handicapping conditions among children;
(3) reduce the need for inpatient and long-term care
services and to otherwise promote the health of mothers and
children, especially by providing preventive and primary care
services for low income mothers and children and prenatal,
delivery and postpartum care for low income mothers;
(4) provide rehabilitative services for blind and disabled
children under age 16 receiving benefits under Title XVI of the
Social Security Act; and
(5) provide and locate medical, surgical, corrective and
other service for children who are crippled or who are suffering
from conditions that lead to crippling.
Sec. 4. Minnesota Statutes 1989 Supplement, section
145.882, subdivision 7, is amended to read:
Subd. 7. [USE OF BLOCK GRANT MONEY.] (a) Maternal and
child health block grant money allocated to a community health
board or community health services area under this section must
be used for qualified programs for high risk and low income
individuals. Block grant money must be used for programs that:
(1) specifically address the highest risk populations,
particularly low income and minority groups with a high rate of
infant mortality and children with low birth weight, by
providing services, including prepregnancy family planning
services, calculated to produce measurable decreases in infant
mortality rates, instances of children with low birth weight,
and medical complications associated with pregnancy and
childbirth, including infant mortality, low birth rates, and
medical complications arising from chemical abuse by a mother
during pregnancy;
(2) specifically target pregnant women whose age, medical
condition, or maternal history, or chemical abuse substantially
increases the likelihood of complications associated with
pregnancy and childbirth or the birth of a child with an
illness, disability, or special medical needs;
(3) specifically address the health needs of young children
who have or are likely to have a chronic disease or disability
or special medical needs, including physical, neurological,
emotional, and developmental problems that arise from chemical
abuse by a mother during pregnancy;
(4) provide family planning and preventive medical care for
specifically identified target populations, such as minority and
low income teenagers, in a manner calculated to decrease the
occurrence of inappropriate pregnancy and minimize the risk of
complications associated with pregnancy and childbirth; or
(5) specifically address the frequency and severity of
childhood injuries in high risk target populations by providing
services calculated to produce measurable decreases in mortality
and morbidity. However, money may be used for this purpose only
if the community health board's application includes program
components for the purposes in clauses (1) to (4) in the
proposed geographic service area and the total expenditure for
injury-related programs under this clause does not exceed ten
percent of the total allocation under subdivision 3.
(b) Maternal and child health block grant money may be used
for purposes other than the purposes listed in this subdivision
only under the following conditions:
(1) the community health board or community health services
area can demonstrate that existing programs fully address the
needs of the highest risk target populations described in this
subdivision; or
(2) the money is used to continue projects that received
funding before creation of the maternal and child health block
grant in 1981.
(c) Projects that received funding before creation of the
maternal and child health block grant in 1981, must be allocated
at least the amount of maternal and child health special project
grant funds received in 1989, unless (1) the local board of
health provides equivalent alternative funding for the project
from another source; or (2) the local board of health
demonstrates that the need for the specific services provided by
the project has significantly decreased as a result of changes
in the demographic characteristics of the population, or other
factors that have a major impact on the demand for services. If
the amount of federal funding to the state for the maternal and
child health block grant is decreased, these projects must
receive a proportional decrease as required in subdivision 1.
Increases in allocation amounts to local boards of health under
subdivision 4 may be used to increase funding levels for these
projects.
Sec. 5. Minnesota Statutes 1988, section 147.09, is
amended to read:
147.09 [EXEMPTIONS.]
Section 147.081 does not apply to, control, prevent or
restrict the practice, service, or activities of:
(1) A person who is a commissioned medical officer of, a
member of, or employed by, the armed forces of the United
States, the United States Public Health Service, the Veterans
Administration, any federal institution or any federal agency
while engaged in the performance of official duties within this
state, if the person is licensed elsewhere.
(2) A licensed physician from a state or country who is in
actual consultation here.
(3) A licensed or registered physician who treats the
physician's home state patients or other participating patients
while the physicians and those patients are participating
together in outdoor recreation in this state as defined by
section 86A.03, subdivision 3. A physician shall first register
with the board on a form developed by the board for that
purpose. The board shall not be required to promulgate the
contents of that form by rule. No fee shall be charged for this
registration.
(4) A student practicing under the direct supervision of a
preceptor while the student is enrolled in and regularly
attending a recognized medical school.
(5) A student who is in continuing training and performing
the duties of an intern or resident or engaged in postgraduate
work considered by the board to be the equivalent of an
internship or residency in any hospital or institution approved
for training by the board.
(6) A person employed in a scientific, sanitary or teaching
capacity by the state university, the state department of
education, or by any public or private school, college, or other
bona fide educational institution, or the state department of
health, whose duties are entirely of a public health or
educational character, while engaged in such duties.
(7) Physician's assistants registered in this state.
(8) A doctor of osteopathy duly licensed by the state board
of osteopathy under Minnesota Statutes 1961, sections 148.11 to
148.16, prior to May 1, 1963, who has not been granted a license
to practice medicine in accordance with this chapter provided
that the doctor confines activities within the scope of the
license.
(9) Any person licensed by a health related licensing
board, as defined in section 214.01, subdivision 2, or
registered by the commissioner of health pursuant to section
214.13, including licensed psychologists with respect to the use
of hypnosis; provided that the person confines activities within
the scope of the license.
(10) A Christian Scientist or other person who endeavors to
prevent or cure disease or suffering exclusively by mental or
spiritual means or by prayer, or who practices ritual
circumcision pursuant to the requirements or tenets of any
established religion.
(11) A Christian Scientist or other person who endeavors to
prevent or cure disease or suffering exclusively by mental or
spiritual means or by prayer.
Sec. 6. [245.826] [USE OF RESTRICTIVE TECHNIQUES AND
PROCEDURES IN FACILITIES SERVING EMOTIONALLY DISTURBED
CHILDREN.]
When amending rules governing facilities serving
emotionally disturbed children that are licensed under section
245A.09 and Minnesota Rules, parts 9545.0900 to 9545.1090, and
9545.1400 to 9545.1500, the commissioner of human services shall
include provisions governing the use of restrictive techniques
and procedures. No provision of these rules may encourage or
require the use of restrictive techniques and procedures. The
rules must prohibit: (1) the application of certain restrictive
techniques or procedures in facilities, except as authorized in
the child's case plan and monitored by the county caseworker
responsible for the child; (2) the use of restrictive techniques
or procedures that restrict the clients' normal access to
nutritious diet, drinking water, adequate ventilation, necessary
medical care, ordinary hygiene facilities, normal sleeping
conditions, and necessary clothing; and (3) the use of corporal
punishment. The rule may specify other restrictive techniques
and procedures and the specific conditions under which permitted
techniques and procedures are to be carried out.
Sec. 7. Minnesota Statutes 1989 Supplement, section
245A.04, subdivision 3, is amended to read:
Subd. 3. [STUDY OF THE APPLICANT.] (a) Before the
commissioner issues a license, the commissioner shall conduct a
study of the individuals specified in clauses (1) to (4)
according to rules of the commissioner. The applicant, license
holder, the bureau of criminal apprehension, and county
agencies, after written notice to the individual who is the
subject of the study, shall help with the study by giving the
commissioner criminal conviction data and reports about abuse or
neglect of adults substantiated under section 626.557 and the
maltreatment of minors substantiated under section 626.556. The
individuals to be studied shall include:
(1) the applicant;
(2) persons over the age of 13 living in the household
where the licensed program will be provided;
(3) current employees or contractors of the applicant who
will have direct contact with persons served by the program; and
(4) volunteers who have direct contact with persons served
by the program to provide program services, if the contact is
not directly supervised by the individuals listed in clause (1)
or (3).
The juvenile courts shall also help with the study by
giving the commissioner existing juvenile court records on
individuals described in clause (2) relating to delinquency
proceedings held within either the five years immediately
preceding the application or the five years immediately
preceding the individual's 18th birthday, whichever time period
is longer. The commissioner shall destroy juvenile records
obtained pursuant to this subdivision when the subject of the
records reaches age 23.
For purposes of this subdivision, "direct contact" means
providing face-to-face care, training, supervision, counseling,
consultation, or medication assistance to persons served by a
program. For purposes of this subdivision, "directly supervised"
means an individual listed in clause (1) or (3) is within sight
or hearing of a volunteer to the extent that the individual
listed in clause (1) or (3) is capable at all times of
intervening to protect the health and safety of the persons
served by the program who have direct contact with the volunteer.
A study of an individual in clauses (1) to (4) shall be
conducted on at least an annual basis. No applicant, license
holder, or individual who is the subject of the study shall pay
any fees required to conduct the study.
(b) The individual who is the subject of the study must
provide the applicant or license holder with sufficient
information to ensure an accurate study including the
individual's first, middle, and last name; home address, city,
county, and state of residence; zip code; sex; date of birth;
and driver's license number. The applicant or license holder
shall provide this information about an individual in paragraph
(a), clauses (1) to (4), on forms prescribed by the
commissioner. The commissioner may request additional
information of the individual, which shall be optional for the
individual to provide, such as the individual's social security
number or race.
(c) A study must include information from the county
agency's record of substantiated abuse of adults, neglect of
adults, and the maltreatment of minors, and information from the
bureau of criminal apprehension.
The commissioner may also review arrest and investigative
information from the bureau of criminal apprehension, a county
attorney, county sheriff, county agency, local chief of police,
other states, the courts, or a national criminal record
repository if the commissioner has reasonable cause to believe
the information is pertinent to the disqualification of an
individual listed in paragraph (a), clauses (1) to (4).
(d) An applicant's or license holder's failure or refusal
to cooperate with the commissioner is reasonable cause to deny
an application or immediately suspend, suspend, or revoke a
license. Failure or refusal of an individual to cooperate with
the study is just cause for denying or terminating employment of
the individual if the individual's failure or refusal to
cooperate could cause the applicant's application to be denied
or the license holder's license to be immediately suspended,
suspended, or revoked.
(e) The commissioner shall not consider an application to
be complete until all of the information required to be provided
under this subdivision has been received.
(f) No person in paragraph (a), clause (1), (2), (3), or
(4) who is disqualified as a result of this act may be retained
by the agency in a position involving direct contact with
persons served by the program.
(g) The commissioner shall not implement the procedures
contained in this subdivision until appropriate rules have been
adopted, except for the applicants and license holders for child
foster care, adult foster care, and family day care homes.
(h) Termination of persons in paragraph (a), clause (1),
(2), (3), or (4) made in good faith reliance on a notice of
disqualification provided by the commissioner shall not subject
the applicant or license holder to civil liability.
(i) The commissioner may establish records to fulfill the
requirements of this section. The information contained in the
records is only available to the commissioner for the purpose
authorized in this section.
Sec. 8. Minnesota Statutes 1988, section 259.40,
subdivision 1, is amended to read:
Subdivision 1. [SUBSIDY PAYMENTS.] The commissioner of
human services may make subsidy payments as necessary after the
subsidized adoption agreement is approved to an adoptive parent
or parents who adopt a child who meets the eligibility
requirements under title IV-E of the Social Security Act, United
States Code, title 42, section 670, or who otherwise meets the
requirements in subdivision 4, is a Minnesota resident and is
under guardianship of the commissioner or of a licensed child
placing agency after the final decree of adoption is issued.
The subsidy payments and any subsequent modifications to the
subsidy payments shall be based on the needs of the adopted
person that the commissioner has determined cannot be met using
other resources including programs available to the adopted
person and the adoptive parent or parents.
Sec. 9. Minnesota Statutes 1988, section 259.40,
subdivision 4, is amended to read:
Subd. 4. [ELIGIBILITY CONDITIONS.] The placing agency
shall determine the child's eligibility for adoption assistance
under title IV-E of the Social Security Act. If the child does
not qualify, the placing agency shall certify a child as
eligible for a state-funded subsidy only if the following
criteria are met:
(a) A placement agency has made reasonable efforts to place
the child for adoption without subsidy, but has been
unsuccessful; or
(b) The child's licensed foster parents desire to adopt the
child and it is determined by the placing agency that:
(1) The adoption is in the best interest of the child; and,
(2) Due to the child's characteristics or circumstances it
would be difficult to provide the child an adoptive home without
subsidy; and
(c) The child has been a ward of the commissioner, or
licensed child placing agency.
Sec. 10. Minnesota Statutes 1988, section 260.011,
subdivision 2, is amended to read:
Subd. 2. (a) The paramount consideration in all
proceedings concerning a child alleged or found to be in need of
protection or services is the best interests of the child. In
proceedings involving an American Indian child, as defined in
section 257.351, subdivision 6, the best interests of the child
must be determined consistent with sections 257.35 to 257.3579
and the Indian Child Welfare Act, United States Code, title 25,
sections 1901 to 1923. The purpose of the laws relating to
juvenile courts is to secure for each child alleged or
adjudicated in need of protection or services and under the
jurisdiction of the court, the care and guidance, preferably in
the child's own home, as will best serve the spiritual,
emotional, mental, and physical welfare of the child and the
best interests of the state; to provide judicial procedures
which protect the welfare of the child; to preserve and
strengthen the child's family ties whenever possible and in the
child's best interests, removing the child from the custody of
parents only when the child's welfare or safety cannot be
adequately safeguarded without removal; and, when removal from
the child's own family is necessary and in the child's best
interests, to secure for the child custody, care and discipline
as nearly as possible equivalent to that which should have been
given by the parents.
(b) The purpose of the laws relating to termination of
parental rights is to ensure that:
(1) reasonable efforts have been made by the social service
agency to reunite the child with the child's parents in a
placement that is safe and permanent; and
(2) if placement with the parents is not reasonably
foreseeable, to secure for the child a safe and permanent
placement, preferably with adoptive parents.
The paramount consideration in all proceedings for the
termination of parental rights is the best interests of the
child. In proceedings involving an American Indian child, as
defined in section 257.351, subdivision 6, the best interests of
the child must be determined consistent with the Indian Child
Welfare Act of 1978, United States Code, title 25, section 1901,
et seq.
(c) The purpose of the laws relating to children alleged or
adjudicated to be delinquent is to promote the public safety and
reduce juvenile delinquency by maintaining the integrity of the
substantive law prohibiting certain behavior and by developing
individual responsibility for lawful behavior. This purpose
should be pursued through means that are fair and just, that
recognize the unique characteristics and needs of children, and
that give children access to opportunities for personal and
social growth.
(d) The laws relating to juvenile courts shall be liberally
construed to carry out these purposes.
Sec. 11. Minnesota Statutes 1989 Supplement, section
260.015, subdivision 2a, is amended to read:
Subd. 2a. [CHILD IN NEED OF PROTECTION OR SERVICES.]
"Child in need of protection or services" means a child who is
in need of protection or services because the child:
(1) is abandoned or without parent, guardian, or custodian;
(2)(i) has been a victim of physical or sexual abuse, or
(ii) resides with or has resided with a victim of domestic child
abuse as defined in subdivision 24, (iii) resides with or would
reside with a perpetrator of domestic child abuse, or (iv) is a
victim of emotional maltreatment as defined in subdivision 5a;
(3) is without necessary food, clothing, shelter,
education, or other required care for the child's physical or
mental health or morals because the child's parent, guardian, or
custodian is unable or unwilling to provide that care;
(4) is without the special care made necessary by a
physical, mental, or emotional condition because the child's
parent, guardian, or custodian is unable or unwilling to provide
that care;
(5) is medically neglected, which includes, but is not
limited to, the withholding of medically indicated treatment
from a disabled infant with a life-threatening condition. The
term "withholding of medically indicated treatment" means the
failure to respond to the infant's life-threatening conditions
by providing treatment, including appropriate nutrition,
hydration, and medication which, in the treating physician's or
physicians' reasonable medical judgment, will be most likely to
be effective in ameliorating or correcting all conditions,
except that the term does not include the failure to provide
treatment other than appropriate nutrition, hydration, or
medication to an infant when, in the treating physician's or
physicians' reasonable medical judgment:
(i) the infant is chronically and irreversibly comatose;
(ii) the provision of the treatment would merely prolong
dying, not be effective in ameliorating or correcting all of the
infant's life-threatening conditions, or otherwise be futile in
terms of the survival of the infant; or
(iii) the provision of the treatment would be virtually
futile in terms of the survival of the infant and the treatment
itself under the circumstances would be inhumane;
(6) is one whose parent, guardian, or other custodian for
good cause desires to be relieved of the child's care and
custody;
(7) has been placed for adoption or care in violation of
law;
(8) is without proper parental care because of the
emotional, mental, or physical disability, or state of
immaturity of the child's parent, guardian, or other custodian;
(9) is one whose behavior, condition, or environment is
such as to be injurious or dangerous to the child or others;
(10) has committed a delinquent act before becoming ten
years old;
(11) is a runaway; or
(12) is an habitual truant; or
(13) is one whose custodial parent's parental rights to
another child have been involuntarily terminated within the past
five years.
Sec. 12. Minnesota Statutes 1988, section 260.155,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] Except for hearings arising
under section 260.261, hearings on any matter shall be without a
jury and may be conducted in an informal manner. The rules of
evidence promulgated pursuant to section 480.0591 and the law of
evidence shall apply in adjudicatory proceedings involving a
child alleged to be delinquent, in need of protection or
services under section 260.015, subdivision 2a, clause (11) or
(12), or a juvenile petty offender, and hearings conducted
pursuant to section 260.125 except to the extent that the rules
themselves provide that they do not apply. Except for
proceedings involving a child alleged to be in need of
protection or services and petitions for the termination of
parental rights, hearings may be continued or adjourned from
time to time and, in the interim. In proceedings involving a
child alleged to be in need of protection or services and
petitions for the termination of parental rights, hearings may
not be continued or adjourned for more than one week unless the
court makes specific findings that the continuance or
adjournment is in the best interests of the child. When a
continuance or adjournment is ordered in any proceeding, the
court may make any interim orders as it deems in the best
interests of the minor in accordance with the provisions of
sections 260.011 to 260.301. The court shall exclude the
general public from these hearings and shall admit only those
persons who, in the discretion of the court, have a direct
interest in the case or in the work of the court; except that,
the court shall open the hearings to the public in delinquency
proceedings where the child is alleged to have committed an
offense or has been proven to have committed an offense that
would be a felony if committed by an adult and the child was at
least 16 years of age at the time of the offense. In all
delinquency cases a person named in the charging clause of the
petition as a person directly damaged in person or property
shall be entitled, upon request, to be notified by the court
administrator in writing, at the named person's last known
address, of (1) the date of the reference or adjudicatory
hearings, and (2) the disposition of the case. Adoption
hearings shall be conducted in accordance with the provisions of
laws relating to adoptions.
Sec. 13. Minnesota Statutes 1989 Supplement, section
260.161, subdivision 2, is amended to read:
Subd. 2. Except as provided in this subdivision and in
subdivision 1, and except for legal records arising from
proceedings that are public under section 260.155, subdivision
1, none of the records of the juvenile court and none of the
records relating to an appeal from a nonpublic juvenile court
proceeding, except the written appellate opinion, shall be open
to public inspection or their contents disclosed except (a) by
order of a court or (b) as required by sections 245A.04,
611A.03, 611A.04, and 611A.06. The records of juvenile
probation officers and county home schools are records of the
court for the purposes of this subdivision. Court services data
relating to delinquent acts that are contained in records of the
juvenile court may be released as allowed under section 13.84,
subdivision 5a. This subdivision applies to all proceedings
under this chapter, including appeals from orders of the
juvenile court, except that this subdivision does not apply to
proceedings under section 260.255, 260.261, or 260.315 when the
proceeding involves an adult defendant. The court shall
maintain the confidentiality of adoption files and records in
accordance with the provisions of laws relating to adoptions.
In juvenile court proceedings any report or social history
furnished to the court shall be open to inspection by the
attorneys of record and the guardian ad litem a reasonable time
before it is used in connection with any proceeding before the
court.
When a judge of a juvenile court, or duly authorized agent
of the court, determines under a proceeding under this chapter
that a child has violated a state or local law, ordinance, or
regulation pertaining to the operation of a motor vehicle on
streets and highways, except parking violations, the judge or
agent shall immediately report the violation to the commissioner
of public safety. The report must be made on a form provided by
the department of public safety and must contain the information
required under section 169.95.
Sec. 14. Minnesota Statutes 1989 Supplement, section
260.171, subdivision 4, is amended to read:
Subd. 4. If the person who has taken the child into
custody determines that the child should be placed in a secure
detention facility or a shelter care facility, that person shall
advise the child and as soon as is possible, the child's parent,
guardian, or custodian:
(a) of the reasons why the child has been taken into
custody and why the child is being placed in a juvenile secure
detention facility or a shelter care facility; and
(b) of the location of the juvenile secure detention
facility or shelter care facility. If there is reason to
believe that disclosure of the location of the shelter care
facility would place the child's health and welfare in immediate
endangerment, disclosure of the location of the shelter care
facility shall not be made; and
(c) that the child's parent, guardian, or custodian and
attorney or guardian ad litem may make an initial visit to the
juvenile secure detention facility or shelter care facility at
any time. Subsequent visits by a parent, guardian, or custodian
may be made on a reasonable basis during visiting hours and by
the child's attorney or guardian ad litem at reasonable hours;
and
(d) that the child may telephone parents and an attorney or
guardian ad litem from the juvenile secure detention facility or
shelter care facility immediately after being admitted to the
facility and thereafter on a reasonable basis to be determined
by the director of the facility; and
(e) that the child may not be detained for acts as defined
in section 260.015, subdivision 5, at a juvenile secure
detention facility or shelter care facility longer than 36
hours, excluding Saturdays, Sundays, and holidays, unless a
petition has been filed within that time and the court orders
the child's continued detention, pursuant to section 260.172;
and
(f) that the child may not be detained for acts defined in
section 260.015, subdivision 5, at an adult jail or municipal
lockup longer than 24 hours, excluding Saturdays, Sundays, and
holidays, or longer than six hours if the adult jail or
municipal lockup is in a standard metropolitan statistical area,
unless a petition has been filed and the court orders the
child's continued detention under section 260.172; and
(g) that the child may not be detained pursuant to section
260.165, subdivision 1, clause (a) or (c)(2), at a shelter care
facility longer than 72 hours, excluding Saturdays, Sundays, and
holidays, unless a petition has been filed within that time and
the court orders the child's continued detention, pursuant to
section 260.172; and
(h) of the date, time, and place of the detention hearing,
if this information is available to the person who has taken the
child into custody; and
(i) that the child and the child's parent, guardian, or
custodian have the right to be present and to be represented by
counsel at the detention hearing, and that if they cannot afford
counsel, counsel will be appointed at public expense for the
child, if it is a delinquency matter, or for any party, if it is
a child in need of protection or services, neglected and in
foster care, or termination of parental rights matter.
After August 1, 1991, the child's parent, guardian, or
custodian shall also be informed under clause (f) that the child
may not be detained in an adult jail or municipal lockup longer
than 24 hours, excluding Saturdays, Sundays, and holidays, or
longer than six hours if the adult jail or municipal lockup is
in a standard metropolitan statistical area, unless a motion to
refer the child for adult prosecution has been made within that
time period.
Sec. 15. Minnesota Statutes 1989 Supplement, section
260.221, subdivision 1, is amended to read:
Subdivision 1. [VOLUNTARY AND INVOLUNTARY.] The juvenile
court may upon petition, terminate all rights of a parent to a
child in the following cases:
(a) With the written consent of a parent who for good cause
desires to terminate parental rights; or
(b) If it finds that one or more of the following
conditions exist:
(1) That the parent has abandoned the child. Abandonment
is presumed when:
(i) the parent has had no contact or merely incidental
contact with the child for six months in the case of a child
under six years of age, or for 12 months in the case of a child
ages six to 11; and
(ii) the social service agency has made reasonable efforts
to facilitate contact, unless the parent establishes that an
extreme financial or physical hardship or treatment for mental
disability or chemical dependency or other good cause prevented
the parent from making contact with the child. This presumption
does not apply to children whose custody has been determined
under chapter 257 or 518. The court is not prohibited from
finding abandonment in the absence of this presumption; or
(2) That the parent has substantially, continuously, or
repeatedly refused or neglected to comply with the duties
imposed upon that parent by the parent and child relationship,
including but not limited to providing the child with necessary
food, clothing, shelter, education, and other care and control
necessary for the child's physical, mental, or emotional health
and development, if the parent is physically and financially
able, and reasonable efforts by the social service agency have
failed to correct the conditions that formed the basis of the
petition; or
(3) That a parent has been ordered to contribute to the
support of the child or financially aid in the child's birth and
has continuously failed to do so without good cause. This
clause shall not be construed to state a grounds for termination
of parental rights of a noncustodial parent if that parent has
not been ordered to or cannot financially contribute to the
support of the child or aid in the child's birth; or
(4) That a parent is palpably unfit to be a party to the
parent and child relationship because of a consistent pattern of
specific conduct before the child or of specific conditions
directly relating to the parent and child relationship either of
which are determined by the court to be of a duration or nature
that renders the parent unable, for the reasonably foreseeable
future, to care appropriately for the ongoing physical, mental,
or emotional needs of the child. It is presumed that a parent
is palpably unfit to be a party to the parent and child
relationship upon a showing that:
(i) the child was adjudicated in need of protection or
services due to circumstances described in section 260.015,
subdivision 2a, clause (1), (2), (3), (5), or (8); and
(ii) within the three-year period immediately prior to that
adjudication, the parent's parental rights to one or more other
children were involuntarily terminated under clause (1), (2),
(4), or (7) of this paragraph, or under clause (5) of this
paragraph if the child was initially determined to be in need of
protection or services due to circumstances described in section
260.015, subdivision 2a, clause (1), (2), (3), (5), or (8); or
(5) That following upon a determination of neglect or
dependency, or of a child's need for protection or services,
reasonable efforts, under the direction of the court, have
failed to correct the conditions leading to the determination.
It is presumed that reasonable efforts under this clause have
failed upon a showing that:
(i) a child under the age of 12 has resided out of the
parental home under court order for more than one year following
an adjudication of dependency, neglect, need for protection or
services under section 260.015, subdivision 2a, clause (1), (2),
(6), (8), or (9), or neglected and in foster care, and an order
for disposition under section 260.191, including adoption of the
case plan required by section 257.071;
(ii) conditions leading to the determination will not be
corrected within the reasonably foreseeable future; and
(iii) reasonable efforts have been made by the social
service agency to rehabilitate the parent and reunite the family.
This clause does not prohibit the termination of parental
rights prior to one year after a child has been placed out of
the home.
It is also presumed that reasonable efforts have failed
under this clause upon a showing that:
(i) the parent has been diagnosed as chemically dependent
by a professional certified to make the diagnosis;
(ii) the parent has been required by a case plan to
participate in a chemical dependency treatment program;
(iii) the treatment programs offered to the parent were
culturally, linguistically, and clinically appropriate;
(iv) the parent has either failed two or more times to
successfully complete a treatment program or has refused at two
or more separate meetings with a caseworker to participate in a
treatment program; and
(v) the parent continues to abuse chemicals.
Provided, that this presumption applies only to parents required
by a case plan to participate in a chemical dependency treatment
program on or after the effective date of this section; or
(6) That the parent has been convicted of causing the death
of another of the parent's children; or
(7) That in the case of a child born to a mother who was
not married to the child's father when the child was conceived
nor when the child was born the person is not entitled to notice
of an adoption hearing under section 259.26 and either the
person has not filed a notice of intent to retain parental
rights under section 259.261 or that the notice has been
successfully challenged; or
(7) (8) That the child is neglected and in foster care.
In an action involving an American Indian child, sections 257.35
to 257.3579 and the Indian Child Welfare Act, United States
Code, title 25, sections 1901 to 1923, control to the extent
that the provisions of this section are inconsistent with those
laws.
Sec. 16. Minnesota Statutes 1989 Supplement, section
364.09, is amended to read:
364.09 [EXCEPTIONS.]
(a) This chapter shall not apply to the practice of law
enforcement, to fire protection agencies, to eligibility for a
private detective or protective agent license, to eligibility
for a family day care license, a family foster care license, a
home care provider license, or to eligibility for school bus
driver endorsements, or to eligibility for juvenile corrections
employment where the offense involved child physical or sexual
abuse or criminal sexual conduct.
(b) This chapter does not apply to a school district.
(c) Nothing in this section shall be construed to preclude
the Minnesota police and peace officers training board or the
state fire marshal from recommending policies set forth in this
chapter to the attorney general for adoption in the attorney
general's discretion to apply to law enforcement or fire
protection agencies.
Sec. 17. Minnesota Statutes 1989 Supplement, section
609.223, is amended to read:
609.223 [ASSAULT IN THE THIRD DEGREE.]
Subdivision 1. [SUBSTANTIAL BODILY HARM.] Whoever assaults
another and inflicts substantial bodily harm may be sentenced to
imprisonment for not more than five years or to payment of a
fine of not more than $10,000, or both.
Subd. 2. [PAST PATTERN OF CHILD ABUSE.] Whoever assaults a
minor may be sentenced to imprisonment for not more than five
years or to payment of a fine of not more than $10,000, or both,
if the perpetrator has engaged in a past pattern of child abuse
against the minor. As used in this subdivision, "child abuse"
has the meaning given it in section 609.185, clause (5).
Sec. 18. Minnesota Statutes 1989 Supplement, section
609.377, is amended to read:
609.377 [MALICIOUS PUNISHMENT OF A CHILD.]
A parent, legal guardian, or caretaker who, by an
intentional act or a series of intentional acts with respect to
a child, evidences unreasonable force or cruel discipline that
is excessive under the circumstances is guilty of malicious
punishment of a child and may be sentenced to imprisonment for
not more than one year or to payment of a fine of not more than
$3,000, or both. If the punishment results in substantial
bodily harm, that person may be sentenced to imprisonment for
not more than five years or to payment of a fine of not more
than $10,000, or both. If the punishment results in great
bodily harm, that person may be sentenced to imprisonment for
not more than ten years or to payment of a fine of not more than
$20,000, or both.
Sec. 19. Minnesota Statutes 1988, section 609.379,
subdivision 2, is amended to read:
Subd. 2. [APPLICABILITY.] This section applies to sections
260.315, 609.255, 609.376, 609.377, 609.378, and 626.556.
Sec. 20. Minnesota Statutes 1988, section 626.556,
subdivision 1, is amended to read:
Subdivision 1. [PUBLIC POLICY.] 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;. In furtherance of
this public policy, it is the intent of the legislature under
this section to strengthen the family and make the home, school,
and community safe for children by promoting responsible child
care in all settings; and to provide, when necessary, a safe
temporary or permanent home environment for physically or
sexually abused or neglected children.
In addition, it is the policy of this state to require the
reporting of neglect, physical or sexual abuse of children in
the home, school, and community settings; to provide for the
voluntary reporting of abuse or neglect of children; to require
the assessment and investigation of the reports; and to provide
protective and counseling services in appropriate cases.
Sec. 21. Minnesota Statutes 1989 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) "Sexual abuse" means the subjection of a child by a
person responsible for the child's care, or by a person in a
position of authority, as defined in section 609.341,
subdivision 10, to any act which constitutes a violation of
section 609.342, 609.343, 609.344, or 609.345. Sexual abuse
also includes any act which involves a minor which constitutes a
violation of sections 609.321 to 609.324 or 617.246. Sexual
abuse includes threatened sexual abuse.
(b) "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, 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.
(c) "Neglect" means failure by a person responsible for a
child's care to supply a child with necessary food, clothing,
shelter or medical care when reasonably able to do so or failure
to protect a child from conditions or actions which imminently
and seriously endanger the child's physical or mental health
when reasonably able to do so. 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 there is
a duty to report if a lack of medical care may cause imminent
and 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, or
medical care, a duty to provide that care. "Neglect" includes
prenatal exposure to a controlled substance, as defined in
section 626.5561 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, or medical effects or
developmental delays during the child's first year of life that
medically indicate prenatal exposure to a controlled substance.
Neglect also means "medical neglect" as defined in section
260.015, subdivision 2a, clause (5).
(d) "Physical abuse" means any physical or 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 and deprivation
procedures that have not been authorized under section 245.825.
(e) "Report" means any report received by the local welfare
agency, police department, or county sheriff pursuant to this
section.
(f) "Facility" means a day care facility, residential
facility, agency, hospital, sanitarium, or other facility or
institution required to be licensed pursuant to sections 144.50
to 144.58, 241.021, or 245.781 to 245.812.
(g) "Operator" means an operator or agency as defined in
section 245A.02.
(h) "Commissioner" means the commissioner of human services.
(i) "Assessment" includes authority to interview the child,
the person or persons responsible for the child's care, the
alleged perpetrator, and any other person with knowledge of the
abuse or neglect for the purpose of gathering the facts,
assessing the risk to the child, and formulating a plan.
(j) "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
services.
(k) "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.
(l) "Threatened injury" means a statement, overt act,
condition, or status that represents a substantial risk of
physical or sexual abuse or mental injury.
Sec. 22. Minnesota Statutes 1988, section 626.556,
subdivision 3, is amended to read:
Subd. 3. [PERSONS MANDATED TO REPORT.] (a) A person who
knows or has reason to believe a child is being neglected or
physically or sexually abused, as defined in subdivision 2, or
has been neglected or physically or sexually abused within the
preceding three years, shall immediately report the information
to the local welfare agency, police department, or the county
sheriff if the person is:
(1) a professional or professional's delegate who is
engaged in the practice of the healing arts, social services,
hospital administration, psychological or psychiatric treatment,
child care, education, or law enforcement; or
(2) employed as a member of the clergy and received the
information while engaged in ministerial duties, provided that a
member of the clergy is not required by this subdivision to
report information that is otherwise privileged under section
595.02, subdivision 1, paragraph (c).
The police department or the county sheriff, upon receiving
a report, shall immediately notify the local welfare agency
orally and in writing. The local welfare agency, upon receiving
a report, shall immediately notify the local police department
or the county sheriff orally and in writing. The county sheriff
and the head of every local welfare agency 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 and paragraph (b) are carried out.
Nothing in this subdivision shall be construed to require more
than one report from any institution, facility, school, or
agency.
(b) Any person may voluntarily report to the local welfare
agency, police department, or the county sheriff if the person
knows, has reason to believe, or suspects a child is being or
has been neglected or subjected to physical or sexual abuse.
The police department or the county sheriff, upon receiving a
report, shall immediately notify the local welfare agency orally
and in writing. The local welfare agency, upon receiving a
report, shall immediately notify the local police department or
the county sheriff orally and in writing.
(c) A person mandated to report physical or sexual child
abuse or neglect occurring within a licensed facility shall
report the information to the agency responsible for licensing
the facility. A health or corrections agency receiving a report
may request the local welfare agency to provide assistance
pursuant to subdivisions 10, 10a, and 10b.
(d) Any person mandated to report shall, upon request to
the local welfare agency, receive a summary of the disposition
of any report made by that reporter, 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) For purposes of this subdivision, "immediately" means
as soon as possible but in no event longer than 24 hours.
Sec. 23. Minnesota Statutes 1988, section 626.556,
subdivision 4, is amended to read:
Subd. 4. [IMMUNITY FROM LIABILITY.] (a) The following
persons are immune from any civil or criminal liability that
otherwise might result from their actions, if they are acting in
good faith:
(1) any person making a voluntary or mandated report under
subdivision 3 or under section 626.5561 or assisting in an
assessment under this section or under section 626.5561;
(2) any social worker or supervisor employed by a local
welfare agency complying with subdivision 10d or the provisions
of section 626.5561; and
(3) any public or private school, facility as defined in
subdivision 2, or the employee of any public or private school
or facility who permits access by a local welfare agency or
local law enforcement agency and assists in an investigation or
assessment pursuant to subdivision 10 or under section 626.5561.
(b) A person who is a supervisor or social worker employed
by a local welfare agency complying with subdivisions 10 and 11
or any related rule or provision of law is immune from any civil
or criminal liability that might otherwise result from the
person's actions, if the person is acting in good faith and
exercising due care.
(c) This subdivision does not provide immunity to any
person for failure to make a required report or for committing
neglect, physical abuse, or sexual abuse of a child.
(d) If a person who makes a voluntary or mandatory report
under subdivision 3 prevails in a civil action from which the
person has been granted immunity under this subdivision, the
court may award the person attorney fees and costs.
Sec. 24. Minnesota Statutes 1989 Supplement, section
626.556, subdivision 10e, is amended to read:
Subd. 10e. [DETERMINATIONS.] Upon the conclusion of every
assessment or investigation it conducts, the local welfare
agency shall make two determinations: first, whether
maltreatment has occurred; and second, whether child protective
services are needed.
(a) For the purposes of this subdivision, "maltreatment"
means any of the following acts or omissions committed by a
person responsible for the child's care:
(1) an assault, as defined in section 609.02, subdivision
10, or any physical contact not exempted by section 609.379,
where the assault or physical contact is either severe or
recurring and causes either injury or significant risk of injury
to the child physical abuse as defined in subdivision 2,
paragraph (d);
(2) neglect as defined in subdivision 2, paragraph (c); or
(3) sexual abuse as defined in subdivision 2, paragraph
(a); or
(4) mental injury as defined in section 21.
(b) 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 assessment
or investigation 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.
(c) 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 imminent
and serious danger to the child's health, the local welfare
agency may ensure that necessary medical services are provided
to the child.
Sec. 25. Minnesota Statutes 1988, section 626.556, is
amended by adding a subdivision to read:
Subd. 10g. [INTERSTATE DATA EXCHANGE.] All reports and
records created, collected, or maintained under this section by
a local social service agency or law enforcement agency may be
disclosed to a local social service or other child welfare
agency of another state when the agency certifies that:
(1) the reports and records are necessary in order to
conduct an investigation of actions that would qualify as sexual
abuse, physical abuse, or neglect under this section; and
(2) the reports and records will be used only for purposes
of a child protection assessment or investigation and will not
be further disclosed to any other person or agency.
The local social service agency or law enforcement agency
in this state shall keep a record of all records or reports
disclosed pursuant to this subdivision and of any agency to
which the records or reports are disclosed. If in any case
records or reports are disclosed before a determination is made
under subdivision 10e, or a disposition of any criminal
proceedings is reached, the local social service agency or law
enforcement agency in this state shall forward the determination
or disposition to any agency that has received any report or
record under this subdivision.
Sec. 26. Minnesota Statutes 1989 Supplement, section
626.556, subdivision 11, is amended to read:
Subd. 11. [RECORDS.] Except as provided in subdivisions
10b, 10d, 10g, 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. 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. 27. Minnesota Statutes 1989 Supplement, section
626.5561, subdivision 1, is amended to read:
Subdivision 1. [REPORTS REQUIRED.] A person mandated to
report under section 626.556, subdivision 3, shall immediately
report to the local welfare agency if the person knows or has
reason to believe that a woman is pregnant and has used a
controlled substance for a nonmedical purpose during the
pregnancy. Any person may make a voluntary report if the person
knows or has reason to believe that a woman is pregnant and has
used a controlled substance for a nonmedical purpose during the
pregnancy. An oral report shall be made immediately by
telephone or otherwise. An oral report made by a person
required to report shall be followed within 72 hours, exclusive
of weekends and holidays, by a report in writing to the local
welfare agency. Any report shall be of sufficient content to
identify the pregnant woman, the nature and extent of the use,
if known, and the name and address of the reporter.
Sec. 28. Minnesota Statutes 1989 Supplement, section
626.5561, subdivision 3, is amended to read:
Subd. 3. [RELATED PROVISIONS.] Reports under this section
are governed by section 626.556, subdivisions 4, 4a, 5, 6, 7, 8,
and 11.
Sec. 29. Minnesota Statutes 1989 Supplement, section
626.5561, subdivision 4, is amended to read:
Subd. 4. [CONTROLLED SUBSTANCES.] For purposes of this
section and section 626.5562, "controlled substance" means a
controlled substance classified in schedule I, II, or III under
chapter 152 listed in section 253B.02, subdivision 2.
Sec. 30. Minnesota Statutes 1989 Supplement, section
626.5561, is amended by adding a subdivision to read:
Subd. 5. [IMMUNITY.] (a) A person making a voluntary or
mandated report under subdivision 1 or assisting in an
assessment under subdivision 2 is immune from any civil or
criminal liability that otherwise might result from the person's
actions, if the person is acting in good faith.
(b) This subdivision does not provide immunity to any
person for failure to make a required report or for committing
neglect, physical abuse, or sexual abuse of a child.
Sec. 31. Minnesota Statutes 1989 Supplement, section
626.5562, subdivision 1, is amended to read:
Subdivision 1. [TEST; REPORT.] A physician shall
administer a toxicology test to a pregnant woman under the
physician's care or to a woman under the physician's care within
eight hours after delivery to determine whether there is
evidence that she has ingested a controlled substance, if the
woman has obstetrical complications that are a medical
indication of possible use of a controlled substance for a
nonmedical purpose. If the test results are positive, the
physician shall report the results under section 626.5561. A
negative test result does not eliminate the obligation to report
under section 626.5561, if other evidence gives the physician
reason to believe the patient has used a controlled substance
for a nonmedical purpose.
Sec. 32. Minnesota Statutes 1989 Supplement, section
626.5562, subdivision 2, is amended to read:
Subd. 2. [NEWBORNS.] A physician shall administer to each
newborn infant born under the physician's care a toxicology test
to determine whether there is evidence of prenatal exposure to a
controlled substance, if the physician has reason to believe
based on a medical assessment of the mother or the infant that
the mother used a controlled substance for a nonmedical
purpose prior to the birth during the pregnancy. If the test
results are positive, the physician shall report the results as
neglect under section 626.556. A negative test result does not
eliminate the obligation to report under section 626.556 if
other medical evidence of prenatal exposure to a controlled
substance is present.
Sec. 33. Minnesota Statutes 1989 Supplement, section
626.5562, subdivision 4, is amended to read:
Subd. 4. [IMMUNITY FROM LIABILITY.] Any physician or other
medical personnel administering a toxicology test to determine
the presence of a controlled substance in a pregnant woman, in a
woman within eight hours after delivery, or in a child at birth
or during the first month of life is immune from civil or
criminal liability arising from administration of the test, if
the physician ordering the test believes in good faith that the
test is required under this section and the test is administered
in accordance with an established protocol and reasonable
medical practice.
Sec. 34. Minnesota Statutes 1989 Supplement, section
626.558, subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT OF THE TEAM.] A county
may 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 health or other
appropriate human service agencies, and parent groups.
Sec. 35. Minnesota Statutes 1988, section 626.559,
subdivision 2, is amended to read:
Subd. 2. [JOINT TRAINING.] The commissioners of human
services and public safety shall cooperate in the development of
a joint program for training child abuse services professionals
in the appropriate techniques for child abuse assessment and
investigation. The program shall include but need not be
limited to the following areas:
(1) the public policy goals of the state as set forth in
section 260.011 and the role of the assessment or investigation
in meeting these goals;
(2) the special duties of child protection workers and law
enforcement officers under section 626.556;
(3) the appropriate methods for directing and managing
affiliated professionals who may be utilized in providing
protective services and strengthening family ties;
(4) the appropriate methods for interviewing alleged
victims of child abuse and other minors in the course of
performing an assessment or an investigation;
(5) the dynamics of child abuse and neglect within family
systems and the appropriate methods for interviewing parents in
the course of the assessment or investigation, including
training in recognizing cases in which one of the parents is a
victim of domestic abuse and in need of special legal or medical
services;
(6) the legal, evidentiary considerations that may be
relevant to the conduct of an assessment or an investigation;
(7) the circumstances under which it is appropriate to
remove the alleged abuser or the alleged victim from the home;
(8) the protective social services that are available to
protect alleged victims from further abuse, to prevent child
abuse and domestic abuse, and to preserve the family unit, and
training in the preparation of case plans to coordinate services
for the alleged child abuse victim with services for any parents
who are victims of domestic abuse; and
(9) the methods by which child protection workers and law
enforcement workers cooperate in conducting assessments and
investigations in order to avoid duplication of efforts.
Sec. 36. [ATTORNEY GENERAL DATA PRACTICES STUDY.]
The attorney general and the department of human services,
in consultation with the multidisciplinary task force
established under section 39, shall:
(1) prepare a plain language interpretation of existing
data practices laws that affect the child protection system;
(2) identify ambiguities and inconsistencies in the laws
and compare the classification and treatment of data in law
enforcement and child protection agencies;
(3) prepare standard forms for giving information to
individuals under Minnesota Statutes, section 13.04, subdivision
2, and for reports under Minnesota Statutes, section 626.556;
(4) determine the need for giving mandated reporters, law
enforcement, and child protection workers who must diagnose and
investigate child abuse increased access to medical records and
information on prior abuse; and
(5) consider the desirability of defining false or
unfounded reports under Minnesota Statutes, section 626.556.
The attorney general and the department of human services
shall report and make recommendations to the legislature by
December 15, 1991.
Sec. 37. [CHILD ABUSE; PLAN FOR STATEWIDE COMPUTER DATA
SYSTEM.]
Subdivision 1. [APPLICATION.] This section applies only if
the commissioner of public safety is required by another law
enacted in the 1990 legislative session to prepare a plan for a
statewide computer data system containing information on
domestic assault crimes and domestic abuse orders for protection.
Subd. 2. [PLAN.] The commissioner of public safety, in
consultation with the department of human services, shall
determine the feasibility and costs of establishing a statewide
computerized data system containing the following information on
determinations made under Minnesota Statutes, section 626.556,
and on the criminal and juvenile court matters specified in
clauses (1) to (6):
(1) identifying information on any individual that a local
social service agency has determined under Minnesota Statutes,
section 626.556, subdivision 10e, to have been responsible for
the maltreatment of a child or to have necessitated the
provision of child protective services for a child, and the name
and birth date of any child found to have been maltreated or to
be in need of child protective services as a result of the
individual's actions;
(2) identifying information on individuals arrested for,
charged with, or convicted of malicious punishment of a child or
neglect of a child;
(3) pretrial release conditions applicable to individuals
charged with an offense listed in clause (2);
(4) probation and supervised release conditions applicable
to individuals convicted of an offense listed in clause (2);
(5) identifying information on individuals whose parental
rights to a child have been involuntarily terminated under
Minnesota Statutes, section 260.226; and
(6) identifying information on individuals who have a child
who was found to be in need of protective services as defined in
Minnesota Statutes, section 260.015, subdivision 2a.
The commissioner shall also determine the feasibility and
costs of requiring all local social service agencies, law
enforcement agencies, prosecutors, courts, and court services
personnel to report relevant information to the statewide data
system; of making the information available to these agencies on
request; and of providing a process by which the accuracy of the
data may be reviewed at the request of the subject of the data.
The commissioner shall coordinate the study and plan under
this section with the study and plan on domestic assault and
domestic abuse data.
The commissioner shall report the results of the study and
provide an implementation plan to the chairs of the judiciary
committees in the house of representatives and the senate on or
before February 1, 1991.
Sec. 38. [SUPREME COURT REVIEW OF CERTAIN JUVENILE COURT
ISSUES.]
The supreme court is requested to study and review the
following two issues:
(1) whether the use of Minnesota Statutes, section 542.16,
and Rule 63.03, of the rules of civil procedure, to remove
judges in juvenile court cases involving allegations of child
abuse or neglect is frequent and appropriate;
(2) whether there is adequate special training for judges
who hear juvenile court cases involving allegations of child
abuse or neglect.
The supreme court is requested to report to the judiciary
committees of the senate and the house of representatives with
any findings or recommendations for change resulting from these
reviews.
Sec. 39. [ALTERNATIVE DISPOSITIONS STUDY.]
The department of human services shall report and make
recommendations regarding the use of permanency planning and
alternative dispositions for children who are placed in
out-of-home care, cannot be returned to their families, and for
whom termination of parental rights is not in the child's best
interest. The department shall consult with a multidisciplinary
task force, including representatives of the Minnesota Indian
affairs council, the council on Black Minnesotans, the council
on affairs of Spanish-speaking people, the council on
Asian-Pacific Minnesotans, public and private agencies,
guardians ad litem, the judiciary, attorneys representing all
parties in juvenile court proceedings, and community advocates.
The department shall report and make recommendations to the
legislature by January 7, 1991.
Sec. 40. [APPROPRIATIONS.]
Notwithstanding Minnesota Statutes, sections 299A.22 to
299A.25, or any other law to the contrary, up to $45,000 of the
money appropriated by Minnesota Statutes, section 299A.27, from
the children's trust fund established under Minnesota Statutes,
section 299A.22, to be administered by the children's trust fund
for the fiscal year ending June 30, 1991, for grants must be
used to provide a grant for administration of the professional
consultation telephone line and service authorized by Minnesota
Statutes, section 626.562. Notwithstanding Minnesota Statutes,
section 626.562, subdivision 2, the commissioner of public
safety shall provide a grant only to agencies that agree to
match 50 percent of the grant amount through cash or in-kind
donations.
Sec. 41. [EFFECTIVE DATE.]
Sections 17, 18, and 19 are effective August 1, 1990, and
apply to crimes committed on or after that date.
Presented to the governor April 26, 1990
Signed by the governor May 8, 1990, 8:40 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes