Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 306-S.F.No. 981 
           An act relating to human services; clarifying and 
          changing license evaluation requirements and certain 
          restrictions on businesses providing certain adult 
          foster care services; changing the billing cycle and 
          collection retention for certain human services 
          programs; modifying conditions for the Minnesota 
          family investment plan; changing the name of the 
          hearing impaired services act and the council for the 
          hearing impaired; changing requirements for child 
          protection training and clarifying maltreatment 
          reporting; amending Minnesota Statutes 1992, sections 
          245A.04, subdivision 6; 256.019; 256.025, subdivision 
          3; 256.033, subdivision 1; 256.034, subdivision 1; 
          256.0361, subdivision 1; 256C.21; 256C.22; 256C.23, 
          subdivisions 2, 3, and by adding a subdivision; 
          256C.24; 256C.25, subdivision 1; 256C.26; 256C.27; 
          256C.28; 268.871, subdivision 1; 626.556, subdivisions 
          10 and 11; 626.559, subdivisions 1 and 1a; and 
          626.5591. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1992, section 245A.04, 
subdivision 6, is amended to read: 
    Subd. 6.  [COMMISSIONER'S EVALUATION.] Before granting, 
suspending, revoking, or making probationary a license, the 
commissioner shall evaluate information gathered under this 
section.  The commissioner's evaluation shall consider facts, 
conditions, or circumstances concerning the program's operation, 
the well-being of persons served by the program, available 
consumer evaluations of the program, and information about 
the character and qualifications of the personnel employed by 
the applicant or license holder. 
    The commissioner shall evaluate the results of the study 
required in subdivision 3 and determine whether a risk of harm 
to the persons served by the program exists.  In conducting this 
evaluation, the commissioner shall apply the disqualification 
standards set forth in rules adopted under this chapter.  If any 
rule currently does not include these disqualification 
standards, the commissioner shall apply the standards in section 
364.03, subdivision 3, until the rule is revised to include 
disqualification standards.  The commissioner shall revise all 
rules authorized by this chapter to include disqualification 
standards.  Prior to the adoption of rules establishing 
disqualification standards, the commissioner shall forward the 
proposed rules to the commissioner of human rights for review 
and recommendation concerning the protection of individual 
rights.  The recommendation of the commissioner of human rights 
is not binding on the commissioner of human services.  The 
provisions of chapter 364 do not apply to applicants or license 
holders governed by sections 245A.01 to 245A.16 except as 
provided in this subdivision. 
    Sec. 2.  Minnesota Statutes 1992, section 256.019, is 
amended to read: 
    256.019 [RECOVERY OF MONEY; APPORTIONMENT.] 
    When an amount is recovered from any source for assistance 
given under the provisions governing public assistance programs 
including aid to families with dependent children, emergency 
assistance, general assistance, work readiness, and Minnesota 
supplemental aid, there shall be paid to the United States the 
amount due under the terms of the Social Security Act and the 
balance must be paid into the treasury of the state or county in 
accordance with current rates of financial participation; except 
if the recovery is directly attributable to county effort made 
by a county agency using any method other than recoupment, the 
county may keep one-half of the nonfederal share of the 
recovery.  This does not apply to recoveries from medical 
providers or to recoveries begun by the department of human 
services' surveillance and utilization review division, state 
hospital collections unit, and the benefit recoveries division 
or, by the attorney general's office, or child support 
collections. 
    Sec. 3.  Minnesota Statutes 1992, section 256.025, 
subdivision 3, is amended to read: 
    Subd. 3.  [PAYMENT METHODS.] (a) Beginning July 1, 1991, 
the state will reimburse counties for the county share of county 
agency expenditures for benefits and services distributed under 
subdivision 2 and funded by the human services account 
established under section 273.1392. 
    (b) Payments under subdivision 4 are only for client 
benefits and services distributed under subdivision 2 and do not 
include reimbursement for county administrative expenses. 
    (c) The state and the county agencies shall pay for 
assistance programs as follows: 
    (1) Where the state issues payments for the programs, the 
county shall monthly advance or quarterly pay to the state, as 
required by the department of human services, the portion of 
program costs not met by federal and state funds.  The advance 
payment shall be an estimate that is based on actual 
expenditures from the prior period and that is sufficient to 
compensate for the county share of disbursements as well as 
state and federal shares of recoveries; 
    (2) Where the county agencies issue payments for the 
programs, the state shall monthly advance or quarterly pay to 
counties all federal funds available for those programs together 
with an amount of state funds equal to the state share of 
expenditures; and 
    (3) Payments made under this paragraph are subject to 
section 256.017.  Adjustment of any overestimate or 
underestimate in advances payments shall be made by the state 
agency in any succeeding month. 
    Sec. 4.  Minnesota Statutes 1992, section 256.033, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ELIGIBILITY CONDITIONS.] (a) A family is 
entitled to assistance under the Minnesota family investment 
plan if the family is assigned to a test group in the evaluation 
as provided in section 256.031, subdivision 3, paragraph (d), 
and: 
    (1) the family meets the definition of assistance unit 
under section 256.032, subdivision 1a; 
    (2) the family's resources not excluded under subdivision 3 
do not exceed $2,000; 
    (3) the family can verify citizenship or lawful resident 
alien status; and 
    (4) the family provides or applies for a social security 
number for each member of the family receiving assistance under 
the family investment plan; and 
    (5) the family assigns child support collection to the 
county agency. 
    (b) A family is eligible for the family investment plan if 
the net income is less than the transitional standard as defined 
in section 256.032, subdivision 13, for that size and 
composition of family.  In determining available net income, the 
provisions in subdivision 2 shall apply. 
    (c) Upon application, a family is initially eligible for 
the family investment plan if the family's gross income does not 
exceed the applicable transitional standard of assistance for 
that family as defined under section 256.032, subdivision 13, 
after deducting: 
    (1) 18 percent to cover taxes; 
    (2) actual dependent care costs up to the maximum 
disregarded under United States Code, title 42, section 
602(a)(8)(A)(iii); and 
    (3) $50 of child support collected in that month. 
    (d) A family can remain eligible for the program if: 
    (1) it meets the conditions in subdivision 1a; and 
    (2) its income is below the transitional standard in 
section 256.032, subdivision 13, allowing for income exclusions 
in subdivision 2 and after applying the family investment plan 
treatment of earnings under subdivision 1a. 
    Sec. 5.  Minnesota Statutes 1992, section 256.034, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CONSOLIDATION OF TYPES OF ASSISTANCE.] 
Under the Minnesota family investment plan, assistance 
previously provided to families through the AFDC, food stamp, 
and general assistance programs must be combined into a single 
cash assistance program.  As authorized by Congress, families 
receiving assistance through the Minnesota family investment 
plan are automatically eligible for and entitled to medical 
assistance under chapter 256B.  Federal, state, and local funds 
that would otherwise be allocated for assistance to families 
under the AFDC, food stamp, and general assistance programs must 
be transferred to the Minnesota family investment plan.  The 
provisions of the Minnesota family investment plan prevail over 
any provisions of sections 245.771, 256.72 to 256.87 or, 256D.01 
to 256D.21, or 393.07, subdivisions 10 and 10a and any rules 
implementing those sections with which they are irreconcilable.  
The food stamp, general assistance, and work readiness programs 
for single persons and couples who are not responsible for the 
care of children are not replaced by the Minnesota family 
investment plan.  Unless stated otherwise in statutes or rules 
governing the Minnesota family investment plan, participants in 
the Minnesota family investment plan shall be considered to be 
recipients of aid under aid to families with dependent children, 
family general assistance, and food stamps for the purposes of 
statutes and rules affecting such recipients or allocations of 
funding based on the assistance status of the recipients.  
    Sec. 6.  Minnesota Statutes 1992, section 256.0361, 
subdivision 1, is amended to read: 
    Subdivision 1.  [LOCAL PLAN.] A county that is selected to 
serve as a field trial or control site shall carry out the 
activities necessary to perform the evaluation for the duration 
of the field trials. 
    Field trial counties and Indian tribes providing Minnesota 
family investment plan case management services must submit 
service delivery plans to the commissioner annually during the 
field trial period.  The service delivery plan must describe the 
case management services in the county in a manner prescribed by 
the commissioner.  
    In counties in which a federally recognized Indian tribe is 
operating Minnesota family investment plan case management 
services under an agreement with the commissioner of human 
services, the service delivery plans of the tribe and the county 
must provide that the parties will coordinate to provide tribal 
case management services, including developing a system for 
referrals, sanctions, and the provision of supporting services 
such as access to child care funds and transportation.  Written 
agreement on these provisions will be provided in the service 
delivery plans of the tribe and county.  If the county and 
Indian tribe cannot agree on these provisions, the county or 
tribe shall notify the commissioners of human services and jobs 
and training who shall resolve the dispute.  
    Sec. 7.  Minnesota Statutes 1992, section 256C.21, is 
amended to read: 
    256C.21 [HEARING IMPAIRED DEAF AND HARD OF HEARING SERVICES 
ACT; CITATION.] 
    Sections 256C.21 to 256C.27 may be cited as the "hearing 
impaired deaf and hard of hearing services act."  
    Sec. 8.  Minnesota Statutes 1992, section 256C.22, is 
amended to read: 
    256C.22 [PURPOSE.] 
    It is the purpose of the "hearing impaired deaf and hard of 
hearing services act" to establish a statewide network of 
coordinated services to alleviate the developmental, social, 
educational and occupational deprivation of hearing impaired 
deaf and hard of hearing persons by establishing regional 
service centers and strengthening services delivered by state, 
local and regional agencies.  
    Sec. 9.  Minnesota Statutes 1992, section 256C.23, 
subdivision 2, is amended to read: 
    Subd. 2.  "Hearing impaired person Deaf" means a person who 
has a loss of hearing in both ears and has difficulty hearing 
and understanding speech in the ear with better hearing loss of 
such severity that the individual must depend primarily on 
visual communication such as writing, lip reading, manual 
communication, and gestures.  
    Sec. 10.  Minnesota Statutes 1992, section 256C.23, is 
amended by adding a subdivision to read: 
    Subd. 2a.  "Hard of hearing" means a hearing loss resulting 
in a functional loss of hearing, but not to the extent that the 
individual must depend primarily upon visual communication. 
    Sec. 11.  Minnesota Statutes 1992, section 256C.23, 
subdivision 3, is amended to read: 
    Subd. 3.  "Regional service center" means a facility 
designed to provide an entry point for hearing impaired deaf and 
hard of hearing persons of that region in need of human services.
    Sec. 12.  Minnesota Statutes 1992, section 256C.24, is 
amended to read: 
    256C.24 [REGIONAL SERVICE CENTERS.] 
    Subdivision 1.  [LOCATION.] The commissioner of human 
services shall establish up to eight regional service centers 
for hearing impaired deaf and hard of hearing persons.  The 
centers shall be distributed regionally to provide access 
for hearing impaired deaf and hard of hearing persons in all 
parts of the state.  The center shall maintain a current 
registry of those persons having or suspected of having a 
hearing impairment loss who live in that region.  A special task 
of the registry is to assure that referrals and follow-up 
services are completed with respect to persons in the register.  
    Subd. 2.  [RESPONSIBILITIES.] The regional service center 
shall:  
    (a) serve as the central entry point for hearing impaired 
deaf and hard of hearing persons in need of human services and 
make referrals to the services needed; 
    (b) employ staff trained to work with hearing impaired deaf 
and hard of hearing persons; 
    (c) provide to all hearing impaired deaf and hard of 
hearing persons access to interpreter services which are 
necessary to help them obtain human services; 
    (d) implement a plan to provide loan equipment and resource 
materials to hearing impaired deaf and hard of hearing persons; 
and 
    (e) cooperate with responsible departments and 
administrative authorities to provide access for hearing 
impaired deaf and hard of hearing persons to services provided 
by state, county, and regional agencies.  
    Subd. 3.  [ADVISORY COMMITTEE.] The commissioner of human 
services shall appoint an advisory committee of eight persons 
for each regional service center.  Members shall include persons 
who are hearing impaired deaf and hard of hearing, parents 
of hearing impaired children who are deaf and hard of hearing, 
and representatives of county and regional human services, 
including representatives of private service providers.  At 
least 50 percent of the members must be hearing impaired deaf or 
hard of hearing.  Committee members shall serve for a three-year 
term and shall serve no more than two consecutive terms.  The 
commissioner of human services shall designate one member as 
chair.  The commissioner of human services shall assign staff to 
serve as ex officio members of the committee.  The compensation, 
removal of members, and filling of vacancies on the committee 
shall be as provided in section 15.0575.  
    Sec. 13.  Minnesota Statutes 1992, section 256C.25, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ESTABLISHMENT.] The commissioner of human 
services shall maintain and coordinate statewide interpreter 
referral services for use by any public or private agency or 
individual in the state.  Within the seven-county metro area, 
the commissioner shall contract for these services; outside the 
metro area, the commissioner shall directly coordinate these 
services but may contract with an appropriate agency to provide 
this service.  The commissioner may collect a $3 fee per 
referral for interpreter referral services and the actual costs 
of interpreter services provided by department staff.  Fees and 
payments collected shall be deposited in the general fund.  The 
$3 referral fee shall not be collected from state agencies or 
local units of government or hearing-impaired deaf or hard of 
hearing consumers or interpreters.  
    Sec. 14.  Minnesota Statutes 1992, section 256C.26, is 
amended to read: 
    256C.26 [EMPLOYMENT SERVICES.] 
    The commissioner of jobs and training shall develop a plan 
to deal with the underemployment of hearing impaired deaf and 
hard of hearing persons.  The plan shall provide for training 
regarding the nature of hearing handicaps for department staff 
who consult with prospective employers or who provide job 
placement services. 
    Sec. 15.  Minnesota Statutes 1992, section 256C.27, is 
amended to read: 
    256C.27 [DUTIES OF THE COMMISSIONER OF HUMAN SERVICES.] 
    In order to ensure that hearing impaired deaf and hard of 
hearing persons have full access to all local, county and 
regional human service programs, the commissioner of human 
services shall: 
    (a) Provide training to the social service or income 
maintenance staff employed by counties or by organizations with 
whom counties contract for services to ensure that communication 
barriers which prevent hearing impaired deaf and hard of hearing 
persons from using services are removed; 
    (b) Assess the ongoing need and supply of services for 
hearing impaired deaf and hard of hearing persons in all parts 
of the state and cooperate with public and private service 
providers to develop these services; 
    (c) Provide training to state and regional human service 
agencies regarding program access for hearing impaired deaf and 
hard of hearing persons; 
    (d) Assist the regional service centers in the development 
of technical assistance and outreach programs; and 
    (e) Develop, where possible, innovative approaches to 
providing services to hearing impaired deaf and hard of hearing 
persons.  The commissioner of health shall establish standards 
for screening for hearing impairments loss with special emphasis 
on screening of persons from birth through school age and 
persons over age 65.  
    Sec. 16.  Minnesota Statutes 1992, section 256C.28, is 
amended to read: 
    256C.28 [COUNCIL FOR THE HEARING IMPAIRED COMMISSION 
SERVING DEAF AND HARD OF HEARING PEOPLE.] 
    Subdivision 1.  [MEMBERSHIP.] The Minnesota council for the 
hearing impaired commission serving deaf and hard of hearing 
people consists of seven members appointed at large and one 
member from each advisory committee established under section 
256C.24, subdivision 3.  At least 50 percent of the members must 
be hearing impaired deaf or hard of hearing.  Members shall 
include persons who are hearing impaired deaf and hard of 
hearing, parents of hearing impaired children who are deaf and 
hard of hearing, and representatives of county and regional 
human services, including representatives of private service 
providers.  Council Commission members are appointed by the 
commissioner of human services for a two-year three-year term 
and shall serve no more than two consecutive terms.  The 
commissioner of human services shall appoint one member as chair.
    Subd. 2.  [REMOVAL; VACANCIES.] The compensation, removal 
of members, and filling of vacancies on the council commission 
are as provided in section 15.0575.  
    Subd. 3.  [DUTIES.] The council commission shall: 
    (1) advise the governor, the legislature, and the 
commissioners of the departments of human services, education, 
jobs and training, and health on the nature of the issues and 
disabilities confronting hearing impaired deaf and hard of 
hearing persons in Minnesota; 
    (2) advise the governor, the legislature, and the 
commissioners of the departments of human services, education, 
jobs and training, and health on the development of policies, 
programs, and services affecting hearing impaired deaf and hard 
of hearing persons, and on the use of appropriate federal and 
state money; 
    (3) create a public awareness of the special needs and 
potential of hearing impaired deaf and hard of hearing persons; 
    (4) provide the governor, the legislature, and the 
commissioners of the departments of human services, education, 
jobs and training, and health with a review of ongoing services, 
programs, and proposed legislation affecting hearing impaired 
deaf and hard of hearing persons; 
    (5) advise the governor, the legislature, and the 
commissioners of the departments of human services, education, 
jobs and training, and health on statutes or rules necessary to 
ensure that hearing impaired deaf and hard of hearing persons 
have access to benefits and services provided to individuals in 
Minnesota; 
    (6) recommend to the governor, the legislature, and the 
commissioners of the departments of human services, education, 
jobs and training, and health legislation designed to improve 
the economic and social conditions of hearing impaired deaf and 
hard of hearing persons in Minnesota; 
    (7) propose solutions to problems of hearing impaired deaf 
and hard of hearing persons in the areas of education, 
employment, human rights, human services, health, housing, and 
other related programs; 
    (8) recommend to the governor and the legislature any 
needed revisions in the state's affirmative action program and 
any other steps necessary to eliminate the underemployment or 
unemployment of hearing impaired deaf and hard of hearing 
persons in the state's work force; 
    (9) work with other state and federal agencies and 
organizations to promote economic development for hearing 
impaired deaf and hard of hearing Minnesotans; and 
    (10) coordinate its efforts with other state and local 
agencies serving hearing impaired deaf and hard of hearing 
persons. 
    Subd. 4.  [STAFF.] The council commission may appoint, 
subject to the approval of the governor, an executive director 
who must be experienced in administrative activities and 
familiar with the problems and needs of hearing impaired deaf 
and hard of hearing persons.  The council commission may 
delegate to the executive director any powers and duties under 
this section that do not require council commission approval.  
The executive director serves in the unclassified service and 
may be removed at any time by a majority vote of the council 
commission.  The executive director shall coordinate the 
provision of necessary support services to the council 
commission with the state department of human services. 
    Subd. 5.  [POWERS.] The council commission may contract in 
its own name.  Contracts must be approved by a majority of the 
members of the council commission and executed by the chair and 
the executive director.  The council commission may apply for, 
receive, and expend in its own name grants and gifts of money 
consistent with the powers and duties specified in this section. 
    Subd. 6.  [REPORT.] The council commission shall prepare 
and distribute a report to the commissioner, the governor, and 
the legislature by December 31 of each even-numbered year.  The 
report must summarize the activities of the council commission 
since its prior report, list receipts and expenditures, identify 
the major problems and issues confronting hearing impaired deaf 
and hard of hearing persons, make recommendations regarding 
needed policy and program development on behalf of hearing 
impaired deaf and hard of hearing individuals in Minnesota, and 
list the specific objectives the council commission seeks to 
attain during the next biennium. 
    Sec. 17.  Minnesota Statutes 1992, section 268.871, 
subdivision 1, is amended to read: 
    Subdivision 1.  [RESPONSIBILITY AND CERTIFICATION.] (a) 
Unless prohibited by federal law or otherwise determined by 
state law, a local service unit is responsible for the delivery 
of employment and training services.  After February 1, 1988, 
employment and training services must be delivered by certified 
employment and training service providers.  
     (b) The local service unit's employment and training 
service provider must meet the certification standards in this 
subdivision in order to be certified to deliver any of the 
following employment and training services and programs:  wage 
subsidies; work readiness; work readiness and general assistance 
grant diversion; food stamp employment and training programs; 
community work experience programs; AFDC job search; AFDC grant 
diversion; AFDC on-the-job training; and AFDC case management.  
     (c) The commissioner shall certify a local service unit's 
service provider to provide these employment and training 
services and programs if the commissioner determines that the 
provider has:  
     (1) past experience in direct delivery of the programs 
specified in paragraph (b); 
     (2) staff capabilities and qualifications, including 
adequate staff to provide timely and effective services to 
clients, and proven staff experience in providing specific 
services such as assessments, career planning, job development, 
job placement, support services, and knowledge of community 
services and educational resources; 
    (3) demonstrated effectiveness in providing services to 
public assistance recipients and other economically 
disadvantaged clients; and 
    (4) demonstrated administrative capabilities, including 
adequate fiscal and accounting procedures, financial management 
systems, participant data systems, and record retention 
procedures. 
    (d) When the only service provider that meets the criterion 
in paragraph (c), clause (1), has been decertified, pursuant to 
subdivision 1a, in that local service unit, the following 
criteria shall be substituted:  past experience in direct 
delivery of multiple, coordinated, nonduplicative services, 
including outreach, assessments, identification of client 
barriers, employability development plans, and provision or 
referral to support services. 
    (e) The commissioner shall certify providers of the 
Minnesota family investment plan case management services as 
defined in section 256.032, subdivision 3.  Providers must meet 
the standards defined in paragraph (c), except that past 
experience under paragraph (c), clause (1), must be in services 
and programs similar to those specified in section 256.032, 
subdivision 3.  
    Employment and training service providers shall be 
certified by the commissioner for two fiscal years beginning 
July 1, 1991, and every second year thereafter. 
    Sec. 18.  Minnesota Statutes 1992, section 626.556, 
subdivision 10, is amended to read: 
    Subd. 10.  [DUTIES OF LOCAL WELFARE AGENCY AND LOCAL LAW 
ENFORCEMENT AGENCY UPON RECEIPT OF A REPORT.] (a) 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, the local welfare 
agency shall immediately conduct an assessment and offer 
protective social services for purposes of preventing further 
abuses, safeguarding and enhancing the welfare of the abused or 
neglected minor, and preserving family life whenever possible.  
If the report alleges a violation of a criminal statute 
involving sexual abuse or, 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.  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.  
    (b) 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. 
    (c) Authority of the local welfare agency responsible for 
assessing the child abuse or neglect 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 perpetrator.  The interview may take place at school or 
at any facility or other place where the alleged victim or other 
minors might be found and may take place outside the presence of 
the perpetrator or parent, legal custodian, guardian, or school 
official.  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 49.02 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. 
     (d) When the local welfare or local law enforcement agency 
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 
county welfare board 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.  Until that time, the local welfare or law 
enforcement agency shall be solely responsible for any 
disclosures regarding the nature of the assessment or 
investigation.  
     Except where the alleged perpetrator 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.  
     (e) Where the perpetrator 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 perpetrator or any person responsible for 
the child's care at reasonable places and times as specified by 
court order.  
    (f) Before making an order under paragraph (d), 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.  
    (g) The commissioner, the ombudsman for mental health and 
mental retardation, the local welfare agencies responsible for 
investigating reports, 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. 
    Sec. 19.  Minnesota Statutes 1992, 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, including county medical examiners or 
county coroners or their professional delegates 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. 20.  Minnesota Statutes 1992, section 626.559, 
subdivision 1, is amended to read: 
    Subdivision 1.  [JOB CLASSIFICATION; CONTINUING EDUCATION.] 
The commissioner of human services, for employees subject to the 
Minnesota merit system, and directors of county personnel 
systems, for counties not subject to the Minnesota merit system, 
shall establish a job classification consisting exclusively of 
persons with the specialized knowledge, skills, and experience 
required to satisfactorily perform child protection duties 
pursuant to section 626.556, subdivisions 10, 10a, and 10b. 
    All child protection workers or social services staff 
having responsibility for child protective duties under section 
626.556, subdivisions 10, 10a, and 10b, shall receive 15 hours 
of continuing education or in-service training each 
year relevant to providing child protective services.  The local 
social service agency shall submit an annual plan for the 
provision of these hours of education and training to the 
commissioner of human services for approval maintain a record of 
training completed by each employee having responsibility for 
performing child protective duties. 
    Sec. 21.  Minnesota Statutes 1992, section 626.559, 
subdivision 1a, is amended to read: 
    Subd. 1a.  [CHILD PROTECTION WORKER PRESERVICE FOUNDATION 
EDUCATION.] Any individual who seeks employment as a child 
protection worker after the commissioner of human services has 
implemented the preservice foundation training program developed 
under section 626.5591, subdivision 2, must complete preservice 
competency-based foundation training in order to be eligible for 
employment during their first six months of employment as a 
child protection worker. 
    Sec. 22.  Minnesota Statutes 1992, section 626.5591, is 
amended to read: 
    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 "Foundation 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 foundation training must occur during 
the performance of job duties and must include an evaluation of 
the employee's application of skills and knowledge. 
    (f) (e) "In-service "Advanced 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 foundation and 
advanced training for child protection workers if funds are 
appropriated to the commissioner for this purpose. 
    Presented to the governor May 17, 1993 
    Signed by the governor May 20, 1993, 2:12 p.m.