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1990 Minnesota Session Laws

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                         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.

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