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1985 Minnesota Session Laws

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                         Laws of Minnesota 1985 

                        CHAPTER 266-S.F.No. 196 
           An act relating to children and families; requiring 
          the county attorney to prosecute failure to report 
          child abuse or neglect; clarifying factors to consider 
          in awarding maintenance in marriage dissolution 
          actions; providing for the reporting of child abuse or 
          neglect; defining certain terms; clarifying immunity 
          from liability for reporting child abuse or neglect; 
          providing for concise summaries of disposition of 
          reports; clarifying requirements following reports of 
          child abuse or neglect; making technical changes; 
          prescribing penalties; amending Minnesota Statutes 
          1984, sections 388.051, subdivision 2; 518.552; 
          518.64, subdivision 2; 609.379; and 626.556, 
          subdivisions 1, 2, 3, 4, 4a, 5, 6, 9, 10, 11, and by 
          adding a subdivision. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 388.051, 
subdivision 2, is amended to read: 
    Subd. 2.  [SPECIAL PROVISION; GROSS MISDEMEANORS 
PROVISIONS.] (a) In Anoka, Carver, Dakota, Hennepin, Scott, and 
Washington counties, only the county attorney shall prosecute 
gross misdemeanor violations of sections 290.53, subdivisions 4 
and 8; 290.92, subdivision 15; 290A.11, subdivision 2; 297A.08; 
297A.39, subdivisions 4 and 8; 297B.10; 609.255, subdivision 3; 
609.377; 609.378; 609.41; and 617.247.  
    (b) The county attorney shall prosecute failure to report 
physical or sexual child abuse or neglect as provided under 
section 626.556, subdivision 6. 
    Sec. 2.  Minnesota Statutes 1984, section 518.552, is 
amended to read: 
    518.552 [MAINTENANCE.] 
    Subdivision 1.  In a proceeding for dissolution of marriage 
or legal separation, or in a proceeding for maintenance 
following dissolution of the marriage by a court which lacked 
personal jurisdiction over the absent spouse and which has since 
acquired jurisdiction, the court may grant a maintenance order 
for either spouse if it finds that the spouse seeking 
maintenance: 
    (a) Lacks sufficient property, including marital property 
apportioned to him the spouse, to provide for his reasonable 
needs of the spouse considering the standard of living 
established during the marriage, especially during, but not 
limited to, a period of training or education, and or 
    (b) Is unable to adequately support himself provide 
adequate self-support, after considering the standard of living 
established during the marriage and all relevant circumstances, 
through appropriate employment, or is the custodian of a child 
whose condition or circumstances make it appropriate that the 
custodian not be required to seek employment outside the home. 
    Subd. 2.  The maintenance order shall be in amounts and for 
periods of time, either temporary or permanent, as the court 
deems just, without regard to marital misconduct, and after 
considering all relevant factors including: 
    (a) The financial resources of the party seeking 
maintenance, including marital property apportioned to him the 
party, and his the party's ability to meet his or her needs 
independently, including the extent to which a provision for 
support of a child living with the party includes a sum for that 
party as custodian; 
    (b) The time necessary to acquire sufficient education or 
training to enable the party seeking maintenance to find 
appropriate employment, and the probability, given the spouse's 
party's age and skills, of completing education or training and 
becoming fully or partially self-supporting; 
    (c) The standard of living established during the marriage; 
    (d) The duration of the marriage and, in the case of a 
homemaker, the length of absence from employment and the extent 
to which any education, skills, or experience have become 
outmoded and earning capacity has become permanently diminished; 
    (e) The loss of earnings, seniority, retirement benefits, 
and other employment opportunities foregone by the spouse 
seeking spousal maintenance; 
    (f) The age, and the physical and emotional condition of 
the spouse seeking maintenance;  
    (f) (g) The ability of the spouse from whom maintenance is 
sought to meet his needs while meeting those of the spouse 
seeking maintenance; and 
    (g) (h) The contribution of each party in the acquisition, 
preservation, depreciation, or appreciation in the amount or 
value of the marital property, as well as the contribution of a 
spouse as a homemaker or in furtherance of the other party's 
employment or business. 
    Subd. 3.  Nothing in this section shall be construed to 
favor a temporary award of maintenance over a permanent award, 
where the factors under subdivision 2 justify a permanent award. 
    Where there is some uncertainty as to the necessity of a 
permanent award, the court shall order a permanent award leaving 
its order open for later modification. 
    Sec. 3.  Minnesota Statutes 1984, section 518.64, 
subdivision 2, is amended to read: 
    Subd. 2.  [MODIFICATION.] The terms of a decree respecting 
maintenance or support may be modified upon a showing of one or 
more of the following:  (1) substantially increased or decreased 
earnings of a party; (2) substantially increased or decreased 
need of a party; (3) receipt of assistance under sections 256.72 
to 256.87; or (4) a change in the cost-of-living for either 
party as measured by the federal bureau of statistics, any of 
which makes the terms unreasonable and unfair.  On a motion for 
modification of maintenance, the court shall apply, in addition 
to all other relevant factors, the factors for an award of 
maintenance under section 518.552 that exist at the time of the 
motion.  On a motion for modification of support, the court 
shall take into consideration the needs of the children and the 
financial circumstances of each party's spouse, if any.  A 
modification which decreases support or maintenance may be made 
retroactive only upon a showing that any failure to pay in 
accord with the terms of the original order was not willful.  A 
modification which increases support or maintenance shall not be 
made retroactive if the obligor has substantially complied with 
the previous order.  Except for an award of the right of 
occupancy of the homestead, provided in section 518.63, all 
divisions of real and personal property provided by section 
518.58 shall be final, and may be revoked or modified only where 
the court finds the existence of conditions that justify 
reopening a judgment under the laws of this state.  The court 
may impose a lien or charge on the divided property at any time 
while the property, or subsequently acquired property, is owned 
by the parties or either of them, for the payment of maintenance 
or support money, or may sequester the property as is provided 
by section 518.24. 
    Sec. 4.  Minnesota Statutes 1984, section 609.379, is 
amended to read: 
    609.379 [PERMITTED ACTIONS.] 
    Subdivision 1.  [REASONABLE FORCE.] Reasonable force may be 
used upon or toward the person of a child without the child's 
consent when the following circumstance exists or the actor 
reasonably believes it to exist:  
    (a) When used by a parent, legal guardian, teacher, or 
other caretaker of a child or pupil, in the exercise of lawful 
authority, to restrain or correct the child or pupil; or 
    (b) When used by a teacher or other member of the 
instructional, support, or supervisory staff of a public or 
nonpublic school upon or toward a child when necessary to 
restrain the child from hurting himself or any other person or 
property.  
    Subd. 2.  [APPLICABILITY.] This section applies to sections 
260.315, 609.255, 609.376, 609.377, 609.378, and 626.556, 
subdivision 12. 
    Sec. 5.  Minnesota Statutes 1984, 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; 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 children. 
    In addition, it is the policy of this state to require the 
reporting of suspected 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. 6.  Minnesota Statutes 1984, 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 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 sections 609.342, 
609.343, 609.344, or 609.345, or sections 609.364 to 609.3644.  
Sexual abuse also includes any act which involves a minor which 
constitutes a violation of sections 609.321 to 609.324 or 
617.246.  
    (b) "Person responsible for the child's care" means a (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, baby 
sitting 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 (1) mean that a child is neglected solely because 
the child's parent, guardian or other person responsible for his 
care in good faith selects and depends upon spiritual means or 
prayer for treatment or care of disease or remedial care of the 
child, or (2) 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. 
    (d) "Physical abuse" means: (1) any physical injury 
inflicted by a person responsible for the child's care on a 
child other than by accidental means;, or (2) any physical 
injury that cannot reasonably be explained by the child's 
history of injuries.  
    (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, sanitorium, 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 245.782.  
    (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.  
    Sec. 7.  Minnesota Statutes 1984, section 626.556, 
subdivision 3, is amended to read: 
    Subd. 3.  [PERSONS MANDATED TO REPORT.] (a) A professional 
or his 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 
who has knowledge of or reasonable cause knows or has reason to 
believe a child is being neglected or physically or sexually 
abused shall immediately report the information to the local 
welfare agency, police department or the county sheriff.  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 not required to report under the provisions 
of this subdivision may voluntarily report to the local welfare 
agency, police department or the county sheriff if he has 
knowledge of or reasonable cause to believe knows, has reason to 
believe, or suspects a child is being 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 suspected 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 who makes a mandated to report shall, upon 
request to the local welfare agency, receive a concise summary 
of the disposition of the 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. 8.  Minnesota Statutes 1984, 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: 
    (a) (1) any person, including those voluntarily making 
reports and those required to make reports under subdivision 3, 
participating in good faith and exercising due care in the 
making of a voluntary or mandated report under subdivision 3 or 
assisting in an assessment pursuant to under this section has 
immunity from any liability, civil or criminal, that otherwise 
might result by reason of his action. 
    (b) a supervisor or social worker employed by a local 
welfare agency, who in good faith exercises due care when 
complying with subdivisions 10 and 11 or any related rule or 
provision of law, shall have immunity from any civil liability 
that otherwise might result by reason of his action.; and 
    (2) 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 good faith in an 
investigation or assessment pursuant to subdivision 10 has 
immunity from any liability, civil or criminal, that otherwise 
might result by reason of that action.  
    (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. 
    Sec. 9.  Minnesota Statutes 1984, section 626.556, 
subdivision 4a, is amended to read: 
    Subd. 4a.  [RETALIATION PROHIBITED.] (a) An employer of any 
person required to make reports under subdivision 3 shall not 
retaliate against the person for reporting in good faith 
suspected abuse or neglect pursuant to this section, or against 
a child with respect to whom a report is made, because of the 
report.  
    (b) The employer of any person required to report under 
subdivision 3 who retaliates against the person because of a 
report of suspected abuse or neglect is liable to that person 
for actual damages and, in addition, a penalty up to $1,000.  
    (c) There shall be a rebuttable presumption that any 
adverse action within 90 days of a report is retaliatory.  For 
purposes of this paragraph, the term "adverse action" refers to 
action taken by an employer of a person required to report under 
subdivision 3 which is involved in a report against the person 
making the report or the child with respect to whom the report 
was made because of the report, and includes, but is not limited 
to:  
    (1) discharge, suspension, termination, or transfer from 
the facility, institution, school, or agency;  
    (2) discharge from or termination of employment;  
    (3) demotion or reduction in remuneration for services; or 
    (4) restriction or prohibition of access to the facility, 
institution, school, agency, or persons affiliated with it.  
    Sec. 10.  Minnesota Statutes 1984, section 626.556, 
subdivision 5, is amended to read: 
    Subd. 5.  [FALSIFIED REPORTS.] Any person who willfully 
knowingly or recklessly makes a false report under the 
provisions of this section shall be liable in a civil suit for 
any actual damages suffered by the person or persons so reported 
and for any punitive damages set by the court or jury. 
    Sec. 11.  Minnesota Statutes 1984, section 626.556, 
subdivision 6, is amended to read: 
    Subd. 6.  [FAILURE TO REPORT.] Any A person required 
mandated by this section to report suspected physical or sexual 
child abuse or neglect who willfully fails to do so shall be who 
knows or has reason to believe that a child is neglected or 
physically or sexually abused, as defined in subdivision 2, and 
fails to report is guilty of a misdemeanor.  
    Sec. 12.  Minnesota Statutes 1984, section 626.556, is 
amended by adding a subdivision to read: 
    Subd. 6a.  [FAILURE TO NOTIFY.] If a local welfare agency 
receives a report under subdivision 3, paragraph (a) or (b) and 
fails to notify the local police department or county sheriff as 
required by subdivision 3, paragraph (a) or (b), the person 
within the agency who is responsible for ensuring that 
notification is made shall be subject to disciplinary action in 
keeping with the agency's existing policy or collective 
bargaining agreement on discipline of employees.  If a local 
police department or a county sheriff receives a report under 
subdivision 3, paragraph (a) or (b) and fails to notify the 
local welfare agency as required by subdivision 3, paragraph (a) 
or (b), the person within the police department or county 
sheriff's office who is responsible for ensuring that 
notification is made shall be subject to disciplinary action in 
keeping with the agency's existing policy or collective 
bargaining agreement on discipline of employees. 
    Sec. 13.  Minnesota Statutes 1984, section 626.556, 
subdivision 9, is amended to read: 
    Subd. 9.  [MANDATORY REPORTING TO A MEDICAL EXAMINER OR 
CORONER.] When a person required to report under the provisions 
of subdivision 3 has reasonable cause knows or has reason to 
believe a child has died as a result of neglect or physical or 
sexual abuse, he shall report that information to the 
appropriate medical examiner or coroner instead of the local 
welfare agency, police department or county sheriff.  Medical 
examiners or coroners shall notify the local welfare agency or 
police department or county sheriff in instances in which they 
believe that the child has died as a result of neglect or 
physical or sexual abuse.  The medical examiner or coroner shall 
complete an investigation as soon as feasible and report the 
findings to the police department or county sheriff and the 
local welfare agency. 
    Sec. 14.  Minnesota Statutes 1984, 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.  
When necessary the local welfare agency shall seek authority to 
remove the child from the custody of his parent, guardian or 
adult with whom he is living.  In performing any of these 
duties, the local welfare agency shall maintain appropriate 
records.  
    (b) Authority of the local welfare agency responsible for 
assessing the child abuse report and of the local law 
enforcement agency for investigating the alleged abuse 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 clause, 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 be withheld 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 paragraph (c), 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. 
    (c) 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 chairman of the 
county welfare board or his 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 agency, or the local 
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 deemed considered necessary 
by agreement between the school officials and the local 
welfare agency or local law enforcement agency.  Where the 
school fails to comply with the provisions of this section 
paragraph, the juvenile court may order the school to 
comply with this provision.  School officials shall not disclose 
to the parent, legal custodian, guardian, or perpetrator that a 
request to interview the child has been made until after the 
investigation or assessment has been concluded.  Every 
effort shall 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.  
    (d) 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.  
    (e) 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 a guardian ad litem is appointed, he shall be 
present at the hearing on the order to show cause.  
    (f) The commissioner, 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 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. 15.  Minnesota Statutes 1984, section 626.556, 
subdivision 11, is amended to read: 
    Subd. 11.  [RECORDS.] All records maintained by a local 
welfare agency under this section, including any written reports 
filed under subdivision 7, shall be private data on individuals, 
except insofar as copies of reports are required by subdivision 
7 to be sent to the local police department or the county 
sheriff.  Report records 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.  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.  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 but shall be accessible to the 
individual subject of the record upon court order.  
    Notwithstanding section 138.17, records maintained by local 
welfare agencies, the police department or county sheriff under 
this section shall be destroyed as described in clauses (a) 
to (c) (d): 
    (a) If upon assessment or investigation a report is found 
to be unsubstantiated, notice of intent to destroy records of 
the report shall be mailed to the individual subject of the 
report.  At the subject's request the records shall be 
maintained as private data.  If no request from the subject is 
received within 30 days of mailing the notice of intent to 
destroy, the records shall be destroyed. 
    (b) All records relating to reports which, upon assessment 
or investigation, are found to be substantiated shall be 
destroyed seven years after the date of the final entry in the 
case record. 
     (c) All records of reports which, upon initial assessment 
or investigation, cannot be substantiated or disproved to the 
satisfaction of the local welfare agency, local police 
department or county sheriff may be kept for a period of one 
year.  If the local welfare agency, local police department or 
county sheriff is unable to substantiate the report within that 
period, each agency unable to substantiate the report shall 
destroy its records relating to the report in the manner 
provided by clause (a). 
    (d) Any notification of intent to interview which was 
received by a school under subdivision 10, paragraph (c), shall 
be destroyed by the school when ordered to do so by the agency 
conducting the assessment or investigation.  The agency shall 
order the destruction of the notification when other records 
relating to the report under investigation or assessment are 
destroyed under this subdivision. 
    Approved May 31, 1985

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569