Minnesota Session Laws - 2015, Regular Session

CHAPTER 4--H.F.No. 8

An act

relating to human services; updating child protection provisions;

amending Minnesota Statutes 2014, section 626.556, subdivisions 1, 7.

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

Section 1.

Minnesota Statutes 2014, section 626.556, subdivision 1, is amended to read:

Subdivision 1.

Public policy.

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

new text begin (1) protect children and promote child safety; new text end

new text begin (2) new text end strengthen the family deleted text begin and deleted text end new text begin ; new text end

new text begin (3) new text end make the home, school, and community safe for children by promoting responsible child care in all settings; and deleted text begin to deleted text end

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

new text begin (b) new text end In addition, it is the policy of this state to new text begin : new text end

new text begin (1) new text end require the reporting of neglect deleted text begin , deleted text end new text begin or new text end physical or sexual abuse of children in the home, school, and community settings; deleted text begin to deleted text end

new text begin (2) new text end provide for the voluntary reporting of abuse or neglect of children; to require a family assessment, when appropriate, as the preferred response to reports not alleging substantial child endangerment; deleted text begin to deleted text end

new text begin (3) new text end require an investigation when the report alleges substantial child endangerment; and deleted text begin to deleted text end

new text begin (4) new text end provide protective, family support, and family preservation services when needed in appropriate cases.

Sec. 2.

Minnesota Statutes 2014, section 626.556, subdivision 7, is amended to read:

Subd. 7.

Report; information provided to parent.

(a) An oral report shall be made immediately by telephone or otherwise. An oral report made by a person required under subdivision 3 to report shall be followed within 72 hours, exclusive of weekends and holidays, by a report in writing to the appropriate police department, the county sheriff, the agency responsible for assessing or investigating the report, or the local welfare agency. The local welfare agency shall determine if the report is accepted for an assessment or investigation as soon as possible but in no event longer than 24 hours after the report is received.

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

(c) When requested, the agency responsible for assessing or investigating a report shall inform the reporter within ten days after the report was made, either orally or in writing, whether the report was accepted or not. If the responsible agency determines the report does not constitute a report under this section, the agency shall advise the reporter the report was screened out. deleted text begin A screened-out report must not be used for any purpose other than making an offer of social services to the subjects of the screened-out report. deleted text end

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

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Presented to the governor March 16, 2015

Signed by the governor March 17, 2015, 1:57 p.m.