1.1 	A bill for an act
1.2 	relating to children; recodifying the Maltreatment of Minors Act; correcting 
1.3 	cross-references;amending Minnesota Statutes 2016, sections 13.32, subdivision 
1.4 	3; 13.3805, subdivision 3; 13.43, subdivision 14; 13.46, subdivisions 3, 4; 13.82, 
1.5 	subdivisions 8, 9; 13.821; 13.84, subdivision 9; 13.871, subdivision 6; 13.88; 
1.6 	125A.0942, subdivision 4; 135A.15, subdivision 10; 144.225, subdivision 2b; 
1.7 	144.343, subdivision 4; 144.7065, subdivision 10; 144.7068; 144A.472, subdivision 
1.8 	1; 144A.479, subdivision 6; 145.902, subdivision 3; 145.952, subdivision 2; 
1.9 	146A.025; 148B.593; 148E.240, subdivision 7; 148F.13, subdivision 12; 148F.205, 
1.10 	subdivision 1; 153B.70; 214.103, subdivision 8; 214.104; 243.166, subdivision 7; 
1.11 	245.8261, subdivision 9; 245A.04, subdivision 5; 245A.07, subdivision 5; 245A.08, 
1.12 	subdivision 2a; 245A.085; 245A.11, subdivision 7b; 245A.145, subdivision 1; 
1.13 	245A.66, subdivision 3; 245C.05, subdivision 6; 245C.15, subdivision 4; 245C.17, 
1.14 	subdivision 3; 245C.21, subdivision 2; 245C.24, subdivision 4; 245C.27, 
1.15 	subdivisions 1, 2; 245C.28, subdivision 1; 245C.29, subdivision 1; 245C.31, 
1.16 	subdivision 1; 245C.32, subdivision 2; 245D.02, subdivision 11; 245D.06, 
1.17 	subdivisions 1, 6; 245D.32, subdivision 5; 245F.04, subdivision 1; 245F.15, 
1.18 	subdivisions 3, 5; 245F.16, subdivisions 1, 2; 245F.18; 256.01, subdivisions 12, 
1.19 	14b, 15; 256B.0621, subdivision 4; 256B.0625, subdivision 33; 256B.0945, 
1.20 	subdivision 1; 256B.0951, subdivision 5; 256B.0954; 256B.097, subdivisions 4, 
1.21 	6; 256B.77, subdivision 17; 256B.85, subdivisions 10, 12a; 256E.21, subdivision 
1.22 	5; 256F.10, subdivisions 1, 4; 256L.07, subdivision 4; 256M.10, subdivision 2; 
1.23 	256M.40, subdivision 1; 256M.41, subdivisions 1, 3; 257.0764; 260.012; 260.761, 
1.24 	subdivision 2; 260B.171, subdivision 6; 260B.198, subdivision 1; 260C.007, 
1.25 	subdivisions 3, 5, 13; 260C.139, subdivision 3; 260C.150, subdivision 3; 260C.171, 
1.26 	subdivision 3; 260C.177; 260C.178, subdivision 1; 260C.201, subdivision 6; 
1.27 	260C.209, subdivision 2; 260C.212, subdivision 12; 260C.221; 260C.503, 
1.28 	subdivision 2; 260D.01; 260D.02, subdivisions 3, 5; 299C.093; 388.051, subdivision 
1.29 	2; 518.165, subdivisions 2, 5; 524.5-118, subdivision 2; 595.02, subdivisions 1, 
1.30 	2; 609.26, subdivision 7; 609.3457, subdivision 2; 609.379, subdivision 2; 609.507; 
1.31 	609.7495, subdivision 1; 611A.203, subdivision 4; 611A.90, subdivision 1; 
1.32 	626.5561, subdivisions 1, 3; 626.5562, subdivision 2; 626.557, subdivision 9d; 
1.33 	626.558, subdivision 3; 626.559, subdivisions 1, 2, 3; 626.5591, subdivision 1; 
1.34 	626.561, subdivisions 2, 3; Minnesota Statutes 2017 Supplement, sections 13.82, 
1.35 	subdivision 17; 120B.22, subdivision 2; 122A.20, subdivision 2; 122A.40, 
1.36 	subdivision 13; 122A.41, subdivision 6; 144A.4796, subdivisions 2, 6; 144H.16, 
1.37 	subdivision 1; 144H.18, subdivision 3; 245A.06, subdivision 8; 245A.07, 
1.38 	subdivision 3; 245A.40, subdivision 1; 245C.16, subdivision 1; 245C.25; 245D.09, 
1.39 	subdivision 4; 245G.03, subdivision 1; 245G.10, subdivision 3; 245G.11, 
2.1 	subdivisions 3, 4; 245G.12; 245G.13, subdivisions 1, 2; 245H.11; 254A.09; 
2.2 	254B.04, subdivision 1; 256.045, subdivisions 3, 3b, 4; 256B.0949, subdivision 
2.3 	16; 260C.007, subdivision 6; proposing coding for new law as Minnesota Statutes, 
2.4 	chapter 626B; repealing Minnesota Statutes 2016, section 626.556, subdivisions 
2.5 	1, 3a, 3b, 3d, 3e, 3f, 4a, 5, 6, 6a, 7, 7a, 8, 9, 10, 10a, 10b, 10c, 10g, 10h, 10j, 10k, 
2.6 	10l, 10m, 10n, 11, 11a, 11b, 11c, 12, 14, 15, 16; Minnesota Statutes 2017 
2.7 	Supplement, section 626.556, subdivisions 2, 3, 3c, 4, 10d, 10e, 10f, 10i, 11d.
2.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.9 	ARTICLE 1
2.10 	RECODIFICATION

2.11 	Section 1. [626B.01] POLICY.
2.12 	(a) The legislature hereby declares that the public policy of this state is to protect children 
2.13 	whose health or welfare may be jeopardized through maltreatment. While it is recognized 
2.14 	that most parents want to keep their children safe, sometimes circumstances or conditions 
2.15 	interfere with their ability to do so. When this occurs, the health and safety of the children 
2.16 	must be of paramount concern. Intervention and prevention efforts must address immediate 
2.17 	concerns for child safety and the ongoing risk of maltreatment and should engage the 
2.18 	protective capacities of families. In furtherance of this public policy, it is the intent of the 
2.19 	legislature under this section to:
2.20 	(1) protect children and promote child safety;
2.21 	(2) strengthen the family;
2.22 	(3) make the home, school, and community safe for children by promoting responsible 
2.23 	child care in all settings; and
2.24 	(4) provide, when necessary, a safe temporary or permanent home environment for 
2.25 	maltreated children.
2.26 	(b) In addition, it is the policy of this state to:
2.27 	(1) require the reporting of maltreatment of children in the home, school, and community 
2.28 	settings;
2.29 	(2) provide for the voluntary reporting of maltreatment of children;
2.30 	(3) require an investigation when the report alleges sexual abuse or substantial child 
2.31 	endangerment;
2.32 	(4) provide a family assessment, if appropriate, when the report does not allege sexual 
2.33 	abuse or substantial child endangerment; and
3.1 	(5) provide protective, family support, and family preservation services when needed 
3.2 	in appropriate cases.

3.3 	Sec. 2. [626B.02] DEFINITIONS.
3.4 		Subdivision 1.Scope. As used in this chapter, the following terms have the meanings 
3.5 	given them unless the specific content indicates otherwise.
3.6 		Subd. 2.Accidental. "Accidental" means a sudden, not reasonably foreseeable, and 
3.7 	unexpected occurrence or event which:
3.8 	(1) is not likely to occur and could not have been prevented by exercise of due care; and
3.9 	(2) if occurring while a child is receiving services from a facility, happens when the 
3.10 	facility and the employee or person providing services in the facility are in compliance with 
3.11 	the laws and rules relevant to the occurrence or event.
3.12 		Subd. 3.Child fatality. "Child fatality" means the death of a child from maltreatment.
3.13 		Subd. 4.Commissioner. "Commissioner" means the commissioner of human services.
3.14 		Subd. 5.Facility. "Facility" means:
3.15 	(1) a licensed or unlicensed day care facility, certified license-exempt child care center, 
3.16 	residential facility, agency, hospital, sanitarium, or other facility or institution required to 
3.17 	be licensed under sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or chapter 
3.18 	144H, 245D, or 245H;
3.19 	(2) a school as defined in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E; 
3.20 	or
3.21 	(3) a nonlicensed personal care provider organization as defined in section 256B.0625, 
3.22 	subdivision 19a.
3.23 		Subd. 6.Family assessment. "Family assessment" means a comprehensive assessment 
3.24 	of child safety, risk of subsequent child maltreatment, and family strengths and needs that 
3.25 	is applied to a child maltreatment report that does not allege sexual abuse or substantial 
3.26 	child endangerment. Family assessment does not include a determination as to whether 
3.27 	child maltreatment occurred but does determine the need for services to address the safety 
3.28 	of family members and the risk of subsequent maltreatment.
3.29 		Subd. 7.Findings and information. "Findings and information" means a written 
3.30 	summary described in section 626B.14, subdivision 5, paragraph (b), of actions taken or 
3.31 	services rendered by a local social services agency following receipt of a report.
4.1 		Subd. 8.Immediately. "Immediately" means as soon as possible but in no event longer 
4.2 	than 24 hours.
4.3 		Subd. 9.Interested person acting on behalf of the child. "Interested person acting on 
4.4 	behalf of the child" means a parent or legal guardian; stepparent; grandparent; guardian ad 
4.5 	litem; adult stepbrother, stepsister, or sibling; or adult aunt or uncle; unless the person has 
4.6 	been determined to be the offender who committed the maltreatment.
4.7 		Subd. 10.Investigation. "Investigation" means fact gathering related to the current 
4.8 	safety of a child and the risk of subsequent maltreatment that determines whether child 
4.9 	maltreatment occurred and whether child protective services are needed. An investigation 
4.10 	must be used when reports involve sexual abuse or substantial child endangerment, and for 
4.11 	reports of maltreatment in facilities required to be licensed or certified under chapter 245A, 
4.12 	245D, or 245H; under sections 144.50 to 144.58 and 241.021; in a school as defined in 
4.13 	section 120A.05, subdivisions 9, 11, and 13, and chapter 124E; or in a nonlicensed personal 
4.14 	care provider association as defined in section 256B.0625, subdivision 19a.
4.15 		Subd. 11.Maltreatment. "Maltreatment" means any of the following acts or omissions:
4.16 	(1) physical abuse as defined in section 626B.02, subdivision 16;
4.17 	(2) neglect as defined in section 626B.02, subdivision 14;
4.18 	(3) sexual abuse as defined in section 626B.02, subdivision 18;
4.19 	(4) mental injury as defined in section 626B.02, subdivision 12; or
4.20 	(5) maltreatment of a child in a facility as defined in section 626B.02, subdivision 5.
4.21 		Subd. 12.Mental injury. "Mental injury" means an injury to the psychological capacity 
4.22 	or emotional stability of a child as evidenced by an observable or substantial impairment 
4.23 	in the child's ability to function within a normal range of performance and behavior with 
4.24 	due regard to the child's culture.
4.25 		Subd. 13.Near fatality. "Near fatality" means a case in which a physician, advanced 
4.26 	practice registered nurse, or physician assistant determines that a child is in serious or critical 
4.27 	condition as the result of sickness or injury caused by child maltreatment.
4.28 		Subd. 14.Neglect. (a) "Neglect" means the commission or omission of any of the acts 
4.29 	specified under clauses (1) to (8), other than by accidental means:
4.30 	(1) failure by a person responsible for a child's care to supply a child with necessary 
4.31 	food, clothing, shelter, health, medical, or other care required for the child's physical or 
4.32 	mental health when reasonably able to do so;
5.1 	(2) failure to protect a child from conditions or actions that seriously endanger the child's 
5.2 	physical or mental health when reasonably able to do so, including a growth delay, which 
5.3 	may be referred to as a failure to thrive, that has been diagnosed by a physician and is due 
5.4 	to parental neglect;
5.5 	(3) failure to provide for necessary supervision or child care arrangements appropriate 
5.6 	for a child after considering factors as the child's age, mental ability, physical condition, 
5.7 	length of absence, or environment, when the child is unable to care for the child's own basic 
5.8 	needs or safety, or the basic needs or safety of another child in their care;
5.9 	(4) failure to ensure that the child is educated as defined in sections 120A.22 and 
5.10 	260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's 
5.11 	child with sympathomimetic medications, consistent with section 125A.091, subdivision 
5.12 	5;
5.13 	(5) prenatal exposure to a controlled substance, as defined in section 253B.02, subdivision 
5.14 	2, used by the mother for a nonmedical purpose, as evidenced by withdrawal symptoms in 
5.15 	the child at birth, results of a toxicology test performed on the mother at delivery or the 
5.16 	child at birth, medical effects or developmental delays during the child's first year of life 
5.17 	that medically indicate prenatal exposure to a controlled substance, or the presence of a 
5.18 	fetal alcohol spectrum disorder;
5.19 	(6) "medical neglect," as defined in section 260C.007, subdivision 6, clause (5);
5.20 	(7) chronic and severe use of alcohol or a controlled substance by a parent or person 
5.21 	responsible for the care of the child that adversely affects the child's basic needs and safety; 
5.22 	or
5.23 	(8) emotional harm from a pattern of behavior which contributes to impaired emotional 
5.24 	functioning of the child which may be demonstrated by a substantial and observable effect 
5.25 	in the child's behavior, emotional response, or cognition that is not within the normal range 
5.26 	for the child's age and stage of development, with due regard to the child's culture.
5.27 	(b) Nothing in this section shall be construed to mean that a child is neglected solely 
5.28 	because the child's parent, guardian, or other person responsible for the child's care in good 
5.29 	faith selects and depends upon spiritual means or prayer for treatment or care of disease or 
5.30 	remedial care of the child in lieu of medical care; except that a parent, guardian, or caretaker, 
5.31 	or a person mandated to report pursuant to section 626B.03, subdivision 1, has a duty to 
5.32 	report if a lack of medical care may cause serious danger to the child's health. This section 
5.33 	does not impose upon persons, not otherwise legally responsible for providing a child with 
5.34 	necessary food, clothing, shelter, education, or medical care, a duty to provide that care.
6.1 		Subd. 15.Person responsible for the child's care. "Person responsible for the child's 
6.2 	care" means (1) an individual functioning within the family unit and having responsibilities 
6.3 	for the care of the child such as a parent, guardian, or other person having similar care 
6.4 	responsibilities, or (2) an individual functioning outside the family unit and having 
6.5 	responsibilities for the care of the child such as a teacher, school administrator, other school 
6.6 	employees or agents, or other lawful custodian of a child having either full-time or short-term 
6.7 	care responsibilities including, but not limited to, day care, babysitting whether paid or 
6.8 	unpaid, counseling, teaching, and coaching.
6.9 		Subd. 16.Physical abuse. (a) "Physical abuse" means any physical injury, mental injury, 
6.10 	or threatened injury, inflicted by a person responsible for the child's care on a child other 
6.11 	than by accidental means, or any physical or mental injury that cannot reasonably be 
6.12 	explained by the child's history of injuries, or any aversive or deprivation procedures, or 
6.13 	regulated interventions, that have not been authorized under section 125A.0942 or 245.825.
6.14 	(b) Abuse does not include reasonable and moderate physical discipline of a child 
6.15 	administered by a parent or legal guardian which does not result in an injury. Abuse does 
6.16 	not include the use of reasonable force by a teacher, principal, or school employee as allowed 
6.17 	by section 121A.582.
6.18 	(c) For the purpose of this subdivision, actions which are not reasonable and moderate 
6.19 	include, but are not limited to, any of the following:
6.20 	(1) throwing, kicking, burning, biting, or cutting a child;
6.21 	(2) striking a child with a closed fist;
6.22 	(3) shaking a child under age three;
6.23 	(4) striking or other actions which result in any nonaccidental injury to a child under 18 
6.24 	months of age;
6.25 	(5) unreasonable interference with a child's breathing;
6.26 	(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;
6.27 	(7) striking a child under age one on the face or head;
6.28 	(8) striking a child who is at least age one but under age four on the face or head, which 
6.29 	results in an injury;
6.30 	(9) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled 
6.31 	substances which were not prescribed for the child by a practitioner, in order to control or 
6.32 	punish the child; or other substances that substantially affect the child's behavior, motor 
7.1 	coordination, or judgment or that results in sickness or internal injury, or subjects the child 
7.2 	to medical procedures that would be unnecessary if the child were not exposed to the 
7.3 	substances;
7.4 	(10) unreasonable physical confinement or restraint not permitted under section 609.379, 
7.5 	including but not limited to tying, caging, or chaining; or
7.6 	(11) in a school facility or school zone, an act by a person responsible for the child's 
7.7 	care that is a violation under section 121A.58.
7.8 		Subd. 17.Report. "Report" means any communication received by the local welfare 
7.9 	agency, police department, county sheriff, or agency responsible for child protection pursuant 
7.10 	to this section that describes maltreatment of a child and contains sufficient content to 
7.11 	identify the child and any person believed to be responsible for the neglect or abuse, if 
7.12 	known.
7.13 		Subd. 18.Sexual abuse. "Sexual abuse" means the subjection of a child by a person 
7.14 	responsible for the child's care, by a person who has a significant relationship to the child, 
7.15 	as defined in section 609.341, or by a person in a position of authority, as defined in section 
7.16 	609.341, subdivision 10, to any act which constitutes a violation of section 609.342 (criminal 
7.17 	sexual conduct in the first degree), 609.343 (criminal sexual conduct in the second degree), 
7.18 	609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct in 
7.19 	the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual abuse 
7.20 	also includes any act involving a minor which constitutes a violation of prostitution offenses 
7.21 	under sections 609.321 to 609.324 or 617.246. Effective May 29, 2017, sexual abuse includes 
7.22 	all reports of known or suspected child sex trafficking involving a child who is identified 
7.23 	as a victim of sex trafficking. Sexual abuse includes child sex trafficking as defined in 
7.24 	section 609.321, subdivisions 7a and 7b. Sexual abuse includes threatened sexual abuse 
7.25 	which includes the status of a parent or household member who has committed a violation 
7.26 	which requires registration as an offender under section 243.166, subdivision 1b, paragraph 
7.27 	(a) or (b), or required registration under section 243.166, subdivision 1b, paragraph (a) or 
7.28 	(b).
7.29 		Subd. 19.Substantial child endangerment. "Substantial child endangerment" means 
7.30 	that a person responsible for a child's care, by act or omission, commits or attempts to 
7.31 	commit an act against a child under their care that constitutes any of the following:
7.32 	(1) egregious harm as defined in section 260C.007, subdivision 14;
7.33 	(2) abandonment under section 260C.301, subdivision 2;
8.1 	(3) neglect as defined in subdivision 14, that substantially endangers the child's physical 
8.2 	or mental health, including a growth delay, which may be referred to as failure to thrive, 
8.3 	that has been diagnosed by a physician and is due to parental neglect;
8.4 	(4) murder in the first, second, or third degree under section 609.185, 609.19, or 609.195;
8.5 	(5) manslaughter in the first or second degree under section 609.20 or 609.205;
8.6 	(6) assault in the first, second, or third degree under section 609.221, 609.222, or 609.223;
8.7 	(7) solicitation, inducement, and promotion of prostitution under section 609.322;
8.8 	(8) criminal sexual conduct under sections 609.342 to 609.3451;
8.9 	(9) solicitation of children to engage in sexual conduct under section 609.352;
8.10 	(10) malicious punishment or neglect or endangerment of a child under section 609.377
8.11 	or 609.378;
8.12 	(11) use of a minor in sexual performance under section 617.246; or
8.13 	(12) parental behavior, status, or condition which mandates that the county attorney file 
8.14 	a termination of parental rights petition under section 260C.503, subdivision 2.
8.15 		Subd. 20.Threatened injury. (a) "Threatened injury" means a statement, overt act, 
8.16 	condition, or status that represents a substantial risk of physical or sexual abuse or mental 
8.17 	injury.
8.18 	(b) Threatened injury includes, but is not limited to, exposing a child to a person 
8.19 	responsible for the child's care, as defined in subdivision 15, who has:
8.20 	(1) subjected a child to, or failed to protect a child from, an overt act or condition that 
8.21 	constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a similar law 
8.22 	of another jurisdiction;
8.23 	(2) been found to be palpably unfit under section 260C.301, subdivision 1, paragraph 
8.24 	(b), clause (4), or a similar law of another jurisdiction;
8.25 	(3) committed an act that resulted in an involuntary termination of parental rights under 
8.26 	section 260C.301, or a similar law of another jurisdiction; or
8.27 	(4) committed an act that resulted in the involuntary transfer of permanent legal and 
8.28 	physical custody of a child to a relative under Minnesota Statutes 2010, section 260C.201, 
8.29 	subdivision 11, paragraph (d), clause (1), section 260C.515, subdivision 4, or a similar law 
8.30 	of another jurisdiction.
9.1 	(c) A child is the subject of a report of threatened injury when the responsible social 
9.2 	services agency receives birth match data under section 626B.14, subdivision 6, from the 
9.3 	Department of Human Services.

9.4 	Sec. 3. [626B.03] REPORTERS.
9.5 		Subdivision 1.Mandatory reporters. (a) A person who knows or has reason to believe 
9.6 	a child is being maltreated, as defined in section 626B.02, or has been maltreated within 
9.7 	the preceding three years, shall immediately report the information to the local welfare 
9.8 	agency, agency responsible for assessing or investigating the report, police department, 
9.9 	county sheriff, tribal social services agency, or tribal police department if the person is:
9.10 	(1) a professional or professional's delegate who is engaged in the practice of the healing 
9.11 	arts, social services, hospital administration, psychological or psychiatric treatment, child 
9.12 	care, education, correctional supervision, probation and correctional services, or law 
9.13 	enforcement; or
9.14 	(2) employed as a member of the clergy and received the information while engaged in 
9.15 	ministerial duties, provided that a member of the clergy is not required by this subdivision 
9.16 	to report information that is otherwise privileged under section 595.02, subdivision 1, 
9.17 	paragraph (c).
9.18 	(b) "Practice of social services," for the purposes of this subdivision, includes but is not 
9.19 	limited to employee assistance counseling and the provision of guardian ad litem and 
9.20 	parenting time expeditor services.
9.21 		Subd. 2.Voluntary reporters. Any person may voluntarily report to the local welfare 
9.22 	agency, agency responsible for assessing or investigating the report, police department, 
9.23 	county sheriff, tribal social services agency, or tribal police department if the person knows, 
9.24 	has reason to believe, or suspects a child is being or has been neglected or subjected to 
9.25 	physical or sexual abuse.
9.26 		Subd. 3.Retaliation prohibited. (a) An employer of any person required to make reports 
9.27 	under subdivision 1 shall not retaliate against the person for reporting in good faith 
9.28 	maltreatment pursuant to this section, or against a child with respect to whom a report is 
9.29 	made, because of the report.
9.30 	(b) The employer of any person required to report under subdivision 1 who retaliates 
9.31 	against the person because of a report of maltreatment is liable to that person for actual 
9.32 	damages and, in addition, a penalty up to $10,000.
10.1 	(c) There shall be a rebuttable presumption that any adverse action within 90 days of a 
10.2 	report is retaliatory. For purposes of this paragraph, the term "adverse action" refers to action 
10.3 	taken by an employer of a person required to report under subdivision 1, which is involved 
10.4 	in a report against the person making the report or the child with respect to whom the report 
10.5 	was made because of the report, and includes, but is not limited to:
10.6 	(1) discharge, suspension, termination, or transfer from the facility, institution, school, 
10.7 	or agency;
10.8 	(2) discharge from or termination of employment;
10.9 	(3) demotion or reduction in remuneration for services; or
10.10 	(4) restriction or prohibition of access to the facility, institution, school, agency, or 
10.11 	persons affiliated with it.

10.12 	Sec. 4. [626B.04] REPORTS.
10.13 		Subdivision 1.Reports by mandated reporters. (a) A person mandated to report child 
10.14 	maltreatment occurring within a licensed facility shall report the information to the agency 
10.15 	responsible for licensing or certifying the facility under sections 144.50 to 144.58; 241.021; 
10.16 	245A.01 to 245A.16; or chapter 144H, 245D, or 245H; or a nonlicensed personal care 
10.17 	provider organization as defined in section 256B.0625, subdivision 19a.
10.18 	(b) A person mandated to report under section 626B.03, subdivision 1, who knows or 
10.19 	has reason to know of a violation of section 609.25 or 609.26, shall report the information 
10.20 	to the local police department or the county sheriff.
10.21 	(c) When a person required to report under the provisions of subdivision 3 knows or has 
10.22 	reason to believe a child has died as a result of maltreatment, the person shall report that 
10.23 	information to the appropriate medical examiner or coroner instead of the local welfare 
10.24 	agency, police department, or county sheriff. The medical examiner or coroner shall notify 
10.25 	the local welfare agency or police department or county sheriff in instances in which the 
10.26 	medical examiner or coroner believes that the child has died as a result of maltreatment. 
10.27 	The medical examiner or coroner shall complete an investigation as soon as feasible and 
10.28 	report the findings to the police department or county sheriff and the local welfare agency. 
10.29 	If the child was receiving services or treatment for mental illness, developmentally disabled, 
10.30 	chemical dependency, or emotional disturbance from an agency, facility, or program as 
10.31 	defined in section 245.91, the medical examiner or coroner shall also notify and report 
10.32 	findings to the ombudsman established under sections 245.91 to 245.97.
11.1 		Subd. 2.Report requirements. (a) An oral report shall be made immediately by 
11.2 	telephone or otherwise. An oral report made by a person required under section 626B.03, 
11.3 	subdivision 1, to report shall be followed within 72 hours, exclusive of weekends and 
11.4 	holidays, by a report in writing to the appropriate police department, the county sheriff, the 
11.5 	agency responsible for assessing or investigating the report, or the local welfare agency.
11.6 	(b) Any report shall be of sufficient content to identify the child, any person believed 
11.7 	to be responsible for the maltreatment of the child if the person is known, the nature and 
11.8 	extent of the maltreatment and the name and address of the reporter. The local welfare 
11.9 	agency or agency responsible for assessing or investigating the report shall accept a report 
11.10 	made under section 626B.03 notwithstanding refusal by a reporter to provide the reporter's 
11.11 	name or address as long as the report is otherwise sufficient under this paragraph.
11.12 		Subd. 3.Failure to report. (a) A person mandated by this section to report who knows 
11.13 	or has reason to believe that a child is maltreated, as defined in section 626B.02, or has been 
11.14 	maltreated within the preceding three years, and fails to report is guilty of a misdemeanor.
11.15 	(b) A person mandated by this section to report who knows or has reason to believe that 
11.16 	two or more children not related to the offender have been maltreated, as defined in section 
11.17 	626B.02, by the same offender within the preceding ten years, and fails to report is guilty 
11.18 	of a gross misdemeanor.
11.19 	(c) A parent, guardian, or caretaker who knows or reasonably should know that the 
11.20 	child's health is in serious danger and who fails to report as required by section 626B.02, 
11.21 	subdivision 14, is guilty of a gross misdemeanor if the child suffers substantial or great 
11.22 	bodily harm because of the lack of medical care. If the child dies because of the lack of 
11.23 	medical care, the person is guilty of a felony and may be sentenced to imprisonment for not 
11.24 	more than two years or to payment of a fine of not more than $4,000, or both. The provision 
11.25 	in section 609.378, subdivision 1, paragraph (a), clause (1), providing that a parent, guardian, 
11.26 	or caretaker may, in good faith, select and depend on spiritual means or prayer for treatment 
11.27 	or care of a child, does not exempt a parent, guardian, or caretaker from the duty to report 
11.28 	under this subdivision.
11.29 		Subd. 4.False reports. Any person who knowingly or recklessly makes a false report 
11.30 	under the provisions of this chapter shall be liable in a civil suit for any actual damages 
11.31 	suffered by the person or persons so reported and for any punitive damages set by the court 
11.32 	or jury, plus costs and reasonable attorney fees.
11.33 		Subd. 5.Notification requirements. Notification requirements under section 626B.05 
11.34 	apply to all reports received under this section.

12.1 	Sec. 5. [626B.05] ACTIONS UPON RECEIPT OF REPORT.
12.2 		Subdivision 1.Police department or county sheriff. (a) The police department or the 
12.3 	county sheriff shall immediately notify the local welfare agency or agency responsible for 
12.4 	child protection reports under this chapter orally and in writing when a report is received.
12.5 	(b) Written reports received by a police department or the county sheriff shall be 
12.6 	forwarded immediately to the local welfare agency or the agency responsible for assessing 
12.7 	or investigating the report. The police department or the county sheriff may keep copies of 
12.8 	reports received by them.
12.9 	(c) The county sheriff and the head of each local welfare agency, agency responsible 
12.10 	for child protection reports, and police department shall designate a person within the agency, 
12.11 	department, or office who is responsible for ensuring that the notification duties of this 
12.12 	section are carried out. When the alleged maltreatment occurred on tribal land, the local 
12.13 	welfare agency or agency responsible for child protection reports and the local police 
12.14 	department or the county sheriff shall immediately notify the tribe's social services agency 
12.15 	and tribal law enforcement orally and in writing when a report is received.
12.16 	(d) If a child is the victim of an alleged crime under subdivision 2, paragraph (c), the 
12.17 	law enforcement agency shall immediately notify the local welfare agency, which shall 
12.18 	offer appropriate social services for the purpose of safeguarding and enhancing the welfare 
12.19 	of the abused or neglected minor.
12.20 		Subd. 2.Local welfare agency or agency responsible. (a) The local welfare agency or 
12.21 	agency responsible for child protection reports shall immediately notify the local police 
12.22 	department or the county sheriff orally and in writing when a report is received.
12.23 	(b) Copies of written reports received by a local welfare agency or the agency responsible 
12.24 	for assessing or investigating the report shall be forwarded immediately to the local police 
12.25 	department or the county sheriff.
12.26 	(c) If the report alleges neglect, physical abuse, or sexual abuse by a person who is not 
12.27 	a parent, guardian, sibling, person responsible for the child's care functioning within the 
12.28 	family unit, or a person who lives in the child's household and who has a significant 
12.29 	relationship to the child, in a setting other than a facility as defined in section 626B.02, the 
12.30 	local welfare agency shall immediately notify the appropriate law enforcement agency, 
12.31 	which shall conduct an investigation of the alleged maltreatment if a violation of a criminal 
12.32 	statute is alleged.
13.1 	(d) Receipt by a local welfare agency of a report or notification of a report of a violation 
13.2 	of section 609.25 or 609.26 shall not be construed to invoke the duties of this subdivision.
13.3 		Subd. 3.Report to ombudsman. When a local agency receives a report or otherwise 
13.4 	has information indicating that a child who is a client, as defined in section 245.91, has been 
13.5 	the subject of maltreatment at an agency, facility, or program as defined in section 245.91, 
13.6 	it shall, in addition to its other duties under this section, immediately inform the ombudsman 
13.7 	established under sections 245.91 to 245.97. The commissioner of education shall inform 
13.8 	the ombudsman established under sections 245.91 to 245.97 of reports regarding a child 
13.9 	defined as a client in section 245.91 that maltreatment occurred at a school as defined in 
13.10 	section 120A.05, subdivisions 9, 11, and 13, and chapter 124E.
13.11 		Subd. 4.Request for assistance. A health or corrections agency receiving a report may 
13.12 	request the local welfare agency to provide assistance pursuant to this section and sections 
13.13 	626B.07 and 626B.09. A board or other entity whose licensees perform work within a school 
13.14 	facility, upon receiving a complaint of alleged maltreatment, shall provide information about 
13.15 	the circumstances of the alleged maltreatment to the commissioner of education.
13.16 		Subd. 5.Penalties for failure to notify. (a) If a local welfare agency receives a report 
13.17 	under section 626B.03, subdivision 1 or 2, and fails to notify the local police department 
13.18 	or county sheriff as required by subdivision 2, the person within the agency who is 
13.19 	responsible for ensuring that notification is made shall be subject to disciplinary action in 
13.20 	keeping with the agency's existing policy or collective bargaining agreement on discipline 
13.21 	of employees.
13.22 	(b) If a local police department or a county sheriff receives a report under section 
13.23 	626B.03, subdivision 1 or 2, and fails to notify the local welfare agency as required by 
13.24 	subdivision 2, the person within the police department or county sheriff's office who is 
13.25 	responsible for ensuring that notification is made shall be subject to disciplinary action in 
13.26 	keeping with the agency's existing policy or collective bargaining agreement on discipline 
13.27 	of employees.

13.28 	Sec. 6. [626B.06] AGENCY RESPONSIBLE FOR ASSESSMENT OR 
13.29 	INVESTIGATION.
13.30 	(a) The local welfare agency is the agency responsible for assessing or investigating an 
13.31 	allegation of maltreatment in child foster care, family child care, legally nonlicensed child 
13.32 	care, and a report involving a child served by an unlicensed personal care provider 
13.33 	organization under section 256B.0659. A copy of findings related to personal care provider 
14.1 	organizations under section 256B.0659 must be forwarded to the Department of Human 
14.2 	Services provider enrollment.
14.3 	(b) The Department of Human Services is the agency responsible for assessing or 
14.4 	investigating an allegation of maltreatment in a juvenile correctional facility listed under 
14.5 	section 241.021 located in the local welfare agency's county and in a facility licensed or 
14.6 	certified under chapters 245A, 245D, and 245H, except for child foster care and family 
14.7 	child care.
14.8 	(c) The Department of Health is the agency responsible for assessing or investigating 
14.9 	an allegation of child maltreatment in a facility licensed under sections 144.50 to 144.58 
14.10 	and 144A.43 to 144A.482 or chapter 144H.
14.11 	(d) The Department of Education is the agency responsible for assessing or investigating 
14.12 	an allegation of child maltreatment in a school as defined in section 120A.05, subdivisions 
14.13 	9, 11, and 13; and chapter 124E.
14.14 	(e) The local welfare agency is the agency responsible for investigating an allegation of 
14.15 	sexual abuse if the alleged offender is the parent, guardian, sibling, or an individual 
14.16 	functioning within the family unit as a person responsible for the child's care, or a person 
14.17 	with a significant relationship to the child if that person resides in the child's household. 
14.18 	Effective May 29, 2017, the local welfare agency is also responsible for investigating when 
14.19 	a child is identified as a victim of sex trafficking.
14.20 	(f) The local law enforcement agency is the agency responsible for investigating a report 
14.21 	of child maltreatment if a violation of a criminal statute is alleged. Law enforcement and 
14.22 	the responsible agency must coordinate their investigations or assessments as required under 
14.23 	sections 626B.07 and 626B.09, subdivision 4.

14.24 	Sec. 7. [626B.07] SCREENING.
14.25 		Subdivision 1.Screening procedure. (a) Upon receipt of a report, the local welfare 
14.26 	agency shall determine whether to conduct a family assessment or an investigation as 
14.27 	appropriate to prevent or provide a remedy for child maltreatment.
14.28 	(b) The local welfare agency:
14.29 	(1) shall conduct an investigation on reports involving sexual abuse or substantial child 
14.30 	endangerment;
15.1 	(2) shall begin an immediate investigation if, at any time when it is using a family 
15.2 	assessment response, it determines that there is reason to believe that sexual abuse or 
15.3 	substantial child endangerment or a serious threat to the child's safety exists;
15.4 	(3) may conduct a family assessment for reports that do not allege sexual abuse or 
15.5 	substantial child endangerment. In determining that a family assessment is appropriate, the 
15.6 	local welfare agency may consider issues of child safety, parental cooperation, and the need 
15.7 	for an immediate response;
15.8 	(4) may conduct a family assessment on a report that was initially screened and assigned 
15.9 	for an investigation. In determining that a complete investigation is not required, the local 
15.10 	welfare agency must document the reason for terminating the investigation and notify the 
15.11 	local law enforcement agency if the local law enforcement agency is conducting a joint 
15.12 	investigation; and
15.13 	(5) shall provide immediate notice, according to section 260.761, subdivision 2, to an 
15.14 	Indian child's tribe when the agency has reason to believe the family assessment or 
15.15 	investigation may involve an Indian child. For purposes of this clause, "immediate notice" 
15.16 	means notice provided within 24 hours.
15.17 	(c) If the report alleges neglect, physical abuse, or sexual abuse by a parent, guardian, 
15.18 	or individual functioning within the family unit as a person responsible for the child's care, 
15.19 	or sexual abuse by a person with a significant relationship to the child when that person 
15.20 	resides in the child's household or by a sibling, the local welfare agency shall immediately 
15.21 	conduct a family assessment or investigation as identified in paragraph (b), clauses (1) to 
15.22 	(4). In conducting a family assessment or investigation, the local welfare agency shall gather 
15.23 	information on the existence of substance abuse and domestic violence and offer services 
15.24 	to prevent future child maltreatment, safeguarding and enhancing the welfare of the abused 
15.25 	or neglected minor, and supporting and preserving family life whenever possible.
15.26 	(d) If the report alleges a violation of a criminal statute involving sexual abuse, physical 
15.27 	abuse, or neglect or endangerment, under section 609.378, the local law enforcement agency 
15.28 	and local welfare agency shall coordinate the planning and execution of their respective 
15.29 	investigation and assessment efforts to avoid a duplication of fact-finding efforts and multiple 
15.30 	interviews. Each agency shall prepare a separate report of the results of the agency's 
15.31 	investigation or assessment. In cases of alleged child maltreatment resulting in death, the 
15.32 	local agency may rely on the fact-finding efforts of a law enforcement investigation to make 
15.33 	a determination of whether or not maltreatment occurred. When necessary, the local welfare 
15.34 	agency shall seek authority to remove the child from the custody of a parent, guardian, or 
16.1 	adult with whom the child is living. In performing any of these duties, the local welfare 
16.2 	agency shall maintain an appropriate record.
16.3 	(e) If the family assessment or investigation indicates there is a potential for abuse of 
16.4 	alcohol or other drugs by the parent, guardian, or person responsible for the child's care, 
16.5 	the local welfare agency shall conduct a chemical use assessment pursuant to Minnesota 
16.6 	Rules, part 9530.6615.
16.7 	(f) Child protection staff, supervisors, and others involved in child protection screening 
16.8 	shall follow the guidance provided in the child maltreatment screening guidelines issued 
16.9 	by the commissioner and, when notified by the commissioner, shall immediately implement 
16.10 	updated procedures and protocols.
16.11 	(g) Any modification to the screening guidelines must be preapproved by the 
16.12 	commissioner and must not be less protective of children than is mandated by statute. The 
16.13 	county agency must consult with the county attorney before proposing modifications to the 
16.14 	commissioner. The guidelines may provide additional protection for children but must not 
16.15 	limit reports that are screened in or provide additional limits on consideration of reports 
16.16 	that were screened out in making a screening determination.
16.17 		Subd. 2.Timeline. The local welfare agency shall determine if the report is to be screened 
16.18 	in or out as soon as possible but in no event longer than 24 hours after the report is received. 
16.19 	When determining whether a report will be screened in or out, the agency receiving the 
16.20 	report must consider, when relevant, all previous history, including reports that were screened 
16.21 	out. The agency may communicate with treating professionals and individuals specified 
16.22 	under section 626B.09, subdivision 4, paragraph (d), clause (3), item (iii).
16.23 		Subd. 3.Face-to-face contact. After a report is screened in, the local welfare agency 
16.24 	shall conduct a face-to-face contact with the child reported to be maltreated and with the 
16.25 	child's primary caregiver sufficient to complete a safety assessment and ensure the immediate 
16.26 	safety of the child. The face-to-face contact with the child and primary caregiver shall occur 
16.27 	immediately if sexual abuse or substantial child endangerment is alleged and within five 
16.28 	calendar days for all other reports. If the alleged offender was not already interviewed as 
16.29 	the primary caregiver, the local welfare agency shall also conduct a face-to-face interview 
16.30 	with the alleged offender in the early stages of the assessment or investigation. At the initial 
16.31 	contact, the local child welfare agency or the agency responsible for assessing or investigating 
16.32 	the report must inform the alleged offender of the complaints or allegations made against 
16.33 	the individual in a manner consistent with laws protecting the rights of the person who made 
17.1 	the report. The interview with the alleged offender may be postponed if it would jeopardize 
17.2 	an active law enforcement investigation.
17.3 		Subd. 4.Post-screening notification. If requested, the agency responsible for assessing 
17.4 	or investigating a report shall inform the reporter within ten days after the report was made, 
17.5 	either orally or in writing, whether the report was accepted or not. If the responsible agency 
17.6 	determines the report does not constitute a report under this section, the agency shall advise 
17.7 	the reporter the report was screened out.

17.8 	Sec. 8. [626B.08] SCREENED-OUT REPORTS.
17.9 		Subdivision 1.Records. A report that is screened out must be maintained according to 
17.10 	section 626B.14, subdivision 4, paragraph (b).
17.11 		Subd. 2.Offer of social services. A local welfare agency or agency responsible for 
17.12 	investigating or assessing a report may use a screened-out report for making an offer of 
17.13 	social services to the subjects of the screened-out report.

17.14 	Sec. 9. [626B.09] CONDUCTING ASSESSMENT OR INVESTIGATION.
17.15 		Subdivision 1.Immediate assessment or investigation for alleged maltreatment in 
17.16 	a facility. (a) The commissioner of human services, health, or education, whichever is 
17.17 	responsible for assessing or investigating the report, shall immediately assess or investigate 
17.18 	if the report alleges that:
17.19 	(1) a child who is in the care of a facility as defined in section 626B.02 is neglected, 
17.20 	physically abused, sexually abused, or is the victim of maltreatment in a facility by an 
17.21 	individual in that facility, or has been neglected or abused, or been the victim of maltreatment 
17.22 	in a facility by an individual in that facility within the three years preceding the report; or
17.23 	(2) a child was neglected, physically abused, sexually abused, or is the victim of 
17.24 	maltreatment in a facility by an individual in a facility defined in section 626B.02, while in 
17.25 	the care of that facility within the three years preceding the report.
17.26 	(b) The commissioner of the agency responsible for assessing or investigating the report 
17.27 	shall arrange for the transmittal to the commissioner of reports received by local agencies 
17.28 	and may delegate to a local welfare agency the duty to investigate reports. In conducting 
17.29 	an investigation under this section, the commissioner has the powers and duties specified 
17.30 	for a local welfare agency under this section. The commissioner of the agency responsible 
17.31 	for assessing or investigating the report or local welfare agency may interview any children 
18.1 	who are or have been in the care of a facility under investigation and the children's parents, 
18.2 	guardians, or legal custodians.
18.3 		Subd. 2.Consultation regarding alleged medical neglect. If the report alleges medical 
18.4 	neglect as defined in section 260C.007, subdivision 6, clause (5), the local welfare agency 
18.5 	shall, in addition to its other duties under this section, immediately consult with designated 
18.6 	hospital staff and with the parents of the infant to verify that appropriate nutrition, hydration, 
18.7 	and medication are being provided; and shall immediately secure an independent medical 
18.8 	review of the infant's medical charts and records and, if necessary, seek a court order for 
18.9 	an independent medical examination of the infant. If the review or examination leads to a 
18.10 	conclusion of medical neglect, the agency shall intervene on behalf of the infant by initiating 
18.11 	legal proceedings under section 260C.141 and by filing an expedited motion to prevent the 
18.12 	withholding of medically indicated treatment.
18.13 		Subd. 3.Facility records. The commissioner of human services, the ombudsman for 
18.14 	mental health and developmental disabilities, the local welfare agencies responsible for 
18.15 	investigating reports, the commissioner of education, and the local law enforcement agencies 
18.16 	have the right to enter a facility as defined in section 626B.02 and to inspect and copy the 
18.17 	facility's records, including medical records, as part of the investigation. Notwithstanding 
18.18 	the provisions of chapter 13, the commissioner of human services, the ombudsman for 
18.19 	mental health and developmental disabilities, the local welfare agencies responsible for 
18.20 	investigating reports, the commissioner of education, and the local law enforcement agencies 
18.21 	also have the right to inform the facility under investigation that an investigation is being 
18.22 	conducted, to disclose to the facility the names of the individuals under investigation for 
18.23 	abusing or neglecting a child, and to provide the facility with a copy of the report and the 
18.24 	investigative findings.
18.25 		Subd. 4.Collection of information. (a) The local welfare agency responsible for 
18.26 	conducting a family assessment or investigation shall collect available and relevant 
18.27 	information to determine child safety, risk of subsequent child maltreatment, and family 
18.28 	strengths and needs and share not public information with an Indian's tribal social services 
18.29 	agency without violating any law of the state that may otherwise impose a duty of 
18.30 	confidentiality on the local welfare agency in order to implement the tribal state agreement.
18.31 	(b) The local welfare agency or the agency responsible for investigating the report shall 
18.32 	collect available and relevant information to ascertain whether maltreatment occurred and 
18.33 	whether protective services are needed.
19.1 	(c) Information collected includes, when relevant, information with regard to the person 
19.2 	reporting the alleged maltreatment, including the nature of the reporter's relationship to the 
19.3 	child and to the alleged offender, and the basis of the reporter's knowledge for the report; 
19.4 	the child allegedly being maltreated; the alleged offender; the child's caretaker; and other 
19.5 	collateral sources having relevant information related to the alleged maltreatment.
19.6 	(d) Information relevant to the assessment or investigation must be asked for, and may 
19.7 	include:
19.8 	(1) the child's sex and age; prior reports of maltreatment, including any maltreatment 
19.9 	reports that were screened out and not accepted for assessment or investigation; information 
19.10 	relating to developmental functioning; credibility of the child's statement; and whether the 
19.11 	information provided under this clause is consistent with other information collected during 
19.12 	the course of the assessment or investigation;
19.13 	(2) the alleged offender's age, a record check for prior reports of maltreatment, and 
19.14 	criminal charges and convictions. The local welfare agency or the agency responsible for 
19.15 	assessing or investigating the report must provide the alleged offender with an opportunity 
19.16 	to make a statement. The alleged offender may submit supporting documentation relevant 
19.17 	to the assessment or investigation;
19.18 	(3) collateral source information regarding the alleged maltreatment and care of the 
19.19 	child. Collateral information includes, when relevant: (i) a medical examination of the child; 
19.20 	(ii) prior medical records relating to the alleged maltreatment or the care of the child 
19.21 	maintained by any facility, clinic, or health care professional and an interview with the 
19.22 	treating professionals; and (iii) interviews with the child's caretakers, including the child's 
19.23 	parent, guardian, foster parent, child care provider, teachers, counselors, family members, 
19.24 	relatives, and other persons who may have knowledge regarding the alleged maltreatment 
19.25 	and the care of the child; and
19.26 	(4) information on the existence of domestic abuse and violence in the home of the child, 
19.27 	and substance abuse.
19.28 	(e) Nothing in this subdivision precludes the local welfare agency, the local law 
19.29 	enforcement agency, or the agency responsible for assessing or investigating the report from 
19.30 	collecting other relevant information necessary to conduct the assessment or investigation. 
19.31 	Notwithstanding sections 13.384 or 144.291 to 144.298, the local welfare agency has access 
19.32 	to medical data and records for purposes of paragraph (d), clause (3). Notwithstanding the 
19.33 	data's classification in the possession of any other agency, data acquired by the local welfare 
19.34 	agency or the agency responsible for assessing or investigating the report during the course 
20.1 	of the assessment or investigation are private data on individuals and must be maintained 
20.2 	according to section 626B.14. Data of the commissioner of education collected or maintained 
20.3 	during and for the purpose of an investigation of alleged maltreatment in a school are 
20.4 	governed by this section, notwithstanding the data's classification as educational, licensing, 
20.5 	or personnel data under chapter 13.
20.6 	(f) In conducting an assessment or investigation involving a school facility as defined 
20.7 	in section 626B.02, subdivision 5, clause (2), the commissioner of education shall collect 
20.8 	investigative reports and data that are relevant to a report of maltreatment and are from local 
20.9 	law enforcement and the school facility.
20.10 		Subd. 5.Law enforcement fact finding. The local agency may rely on the fact-finding 
20.11 	efforts of the law enforcement investigation conducted under this section to make a 
20.12 	determination whether or not threatened injury or other maltreatment has occurred under 
20.13 	section 626B.02, if an alleged offender has minor children or lives with minors.
20.14 		Subd. 6.Access to information. (a) In conducting investigations under this subdivision 
20.15 	the commissioner or local welfare agency shall obtain access to information consistent with 
20.16 	subdivisions 4 and 5 and section 626B.07, subdivision 3. In conducting assessments or 
20.17 	investigations under this section, the commissioner of education shall obtain access to reports 
20.18 	and investigative data that are relevant to a report of maltreatment and are in the possession 
20.19 	of a school facility as defined in section 626B.02, subdivision 5, clause (2), notwithstanding 
20.20 	the classification of the data as educational or personnel data under chapter 13. This includes, 
20.21 	but is not limited to, school investigative reports, information concerning the conduct of 
20.22 	school personnel alleged to have committed maltreatment of students, information about 
20.23 	witnesses, and any protective or corrective action taken by the school facility regarding the 
20.24 	school personnel alleged to have committed maltreatment.
20.25 	(b) The commissioner may request assistance from the local social services agency.
20.26 		Subd. 7.Conflict of interest. (a) A potential conflict of interest related to assisting in 
20.27 	an assessment under this section resulting in a direct or shared financial interest with a child 
20.28 	abuse and neglect treatment provider or resulting from a personal or family relationship 
20.29 	with a party in the investigation must be considered by the local welfare agency in an effort 
20.30 	to prevent unethical relationships.
20.31 	(b) A person who conducts an assessment under this section or section 626.5561 may 
20.32 	not have:
20.33 	(1) any direct or shared financial interest or referral relationship resulting in a direct 
20.34 	shared financial gain with a child abuse and neglect treatment provider; or
21.1 	(2) a personal or family relationship with a party in the investigation.
21.2 	(c) If an independent assessor is not available, the person responsible for making the 
21.3 	determination under this section may use the services of an assessor with a financial interest, 
21.4 	referral, or personal or family relationship.
21.5 		Subd. 8.Cultural practices. A person who conducts an assessment or investigation 
21.6 	under this section shall take into account accepted child-rearing practices of the culture in 
21.7 	which a child participates and accepted teacher discipline practices that are not injurious to 
21.8 	the child's health, welfare, and safety.
21.9 		Subd. 9.Assessment or investigation involving school facility. In conducting an 
21.10 	assessment or investigation involving a school facility as defined in section 626B.02, 
21.11 	subdivision 5, clause (2), the commissioner of education shall collect available and relevant 
21.12 	information and use the procedures in sections 626B.07, subdivision 3, and 626B.10, 
21.13 	subdivisions 2 and 3, except that the requirement for face-to-face observation of the child 
21.14 	and face-to-face interview of the alleged offender is to occur in the initial stages of the 
21.15 	assessment or investigation provided that the commissioner may also base the assessment 
21.16 	or investigation on investigative reports and data received from the school facility and local 
21.17 	law enforcement, to the extent those investigations satisfy the requirements of sections 
21.18 	626B.07, subdivision 3, and 626B.10, subdivisions 2 and 3.
21.19 		Subd. 10.Notification requirements for school facility. (a) Notwithstanding section 
21.20 	626B.04, subdivision 2, paragraph (a), the commissioner of education must inform the 
21.21 	parent, guardian, or legal custodian of the child who is the subject of a report of alleged 
21.22 	maltreatment in a school facility within ten days of receiving the report, either orally or in 
21.23 	writing, whether the commissioner is assessing or investigating the report of alleged 
21.24 	maltreatment.
21.25 	(b) Regardless of whether a report is made under this subdivision, as soon as practicable 
21.26 	after a school receives information regarding an incident that may constitute maltreatment 
21.27 	of a child in a school facility, the school shall inform the parent, legal guardian, or custodian 
21.28 	of the child that an incident occurred that may constitute maltreatment of the child, when 
21.29 	the incident occurred, and the nature of the conduct that may constitute maltreatment.
21.30 		Subd. 11.Notification requirements for other types of facilities. When a report is 
21.31 	received that alleges maltreatment of a child while in the care of a licensed or unlicensed 
21.32 	day care facility, residential facility, agency, hospital, sanitarium, or other facility or 
21.33 	institution required to be licensed or certified according to sections 144.50 to 144.58; 
21.34 	241.021; or 245A.01 to 245A.16; or chapter 144H, 245D, or 245H, or a school as defined 
22.1 	in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E; or a nonlicensed personal 
22.2 	care provider organization as defined in section 256B.0625, subdivision 19a, the 
22.3 	commissioner of the agency responsible for assessing or investigating the report or local 
22.4 	welfare agency investigating the report shall provide the following information to the parent, 
22.5 	guardian, or legal custodian of a child alleged to have been neglected, physically abused, 
22.6 	sexually abused, or the victim of maltreatment of a child in the facility: the name of the 
22.7 	facility; the fact that a report alleging maltreatment of a child in the facility has been received; 
22.8 	the nature of the alleged maltreatment of a child in the facility; that the agency is conducting 
22.9 	an assessment or investigation; any protective or corrective measures being taken pending 
22.10 	the outcome of the investigation; and that a written memorandum will be provided when 
22.11 	the investigation is completed.
22.12 		Subd. 12.Optional notification. The commissioner of the agency responsible for 
22.13 	assessing or investigating the report or local welfare agency may also provide the information 
22.14 	in paragraph (a) to the parent, guardian, or legal custodian of any other child in the facility 
22.15 	if the investigative agency knows or has reason to believe the alleged maltreatment of a 
22.16 	child in the facility occurred. In determining whether to exercise this authority, the 
22.17 	commissioner of the agency responsible for assessing or investigating the report or local 
22.18 	welfare agency shall consider the seriousness of the alleged maltreatment of a child in the 
22.19 	facility; the number of alleged victims of maltreatment of a child in the facility; the number 
22.20 	of alleged offenders; and the length of the investigation. The facility shall be notified 
22.21 	whenever this discretion is exercised.

22.22 	Sec. 10. [626B.10] INTERVIEWS.
22.23 		Subdivision 1.Preinterview notification. Before any interview related to maltreatment 
22.24 	in a facility, the commissioner of the agency responsible for assessing or investigating the 
22.25 	report or local welfare agency shall notify the parent, guardian, or legal custodian of a child 
22.26 	who will be interviewed in the manner provided for in section 626B.09, subdivision 11. If 
22.27 	reasonable efforts to reach the parent, guardian, or legal custodian of a child in an 
22.28 	out-of-home placement have failed, the child may be interviewed if there is reason to believe 
22.29 	the interview is necessary to protect the child or other children in the facility. The 
22.30 	commissioner of the agency responsible for assessing or investigating the report or local 
22.31 	agency must provide the information required in this subdivision to the parent, guardian, 
22.32 	or legal custodian of a child interviewed without parental notification as soon as possible 
22.33 	after the interview. When the investigation is completed, any parent, guardian, or legal 
22.34 	custodian notified under this subdivision shall receive the written memorandum provided 
22.35 	for in section 626B.11, subdivision 7.
23.1 		Subd. 2.Authority to interview. (a) The agency responsible for assessing or investigating 
23.2 	reports of child maltreatment has the authority to interview the child, the person or persons 
23.3 	responsible for the child's care, the alleged offender, and any other person with knowledge 
23.4 	of the maltreatment for the purpose of gathering the facts, assessing safety and risk to the 
23.5 	child, and formulating a plan.
23.6 	(b) Authority of the local welfare agency responsible for assessing or investigating the 
23.7 	child maltreatment report, the agency responsible for assessing or investigating the report, 
23.8 	and of the local law enforcement agency responsible for investigating the alleged 
23.9 	maltreatment includes, but is not limited to, authority to interview, without parental consent, 
23.10 	the alleged victim and any other minors who currently reside with or who have resided with 
23.11 	the alleged offender.
23.12 		Subd. 3.Interview procedure. (a) The interview may take place at school or at any 
23.13 	facility or other place where the alleged victim or other minors might be found or the child 
23.14 	may be transported to, and the interview may be conducted at a place appropriate for the 
23.15 	interview of a child designated by the local welfare agency or law enforcement agency.
23.16 	(b) The interview may take place outside the presence of the alleged offender or parent, 
23.17 	legal custodian, guardian, or school official.
23.18 	(c) For a family assessment, it is the preferred practice to request a parent or guardian's 
23.19 	permission to interview the child before conducting the child interview, unless doing so 
23.20 	would compromise the safety assessment.
23.21 	(d) Except as provided in this subdivision, the parent, legal custodian, or guardian shall 
23.22 	be notified by the responsible local welfare or law enforcement agency no later than the 
23.23 	conclusion of the investigation or assessment that this interview has occurred.
23.24 	(e) Notwithstanding rule 32 of the Minnesota Rules of Procedure for Juvenile Courts, 
23.25 	the juvenile court may, after hearing on an ex parte motion by the local welfare agency, 
23.26 	order that, where reasonable cause exists, the agency withhold notification of this interview 
23.27 	from the parent, legal custodian, or guardian. If the interview took place or is to take place 
23.28 	on school property, the order shall specify that school officials may not disclose to the 
23.29 	parent, legal custodian, or guardian the contents of the notification of intent to interview 
23.30 	the child on school property, as provided under this subdivision, and any other related 
23.31 	information regarding the interview that may be a part of the child's school record. A copy 
23.32 	of the order shall be sent by the local welfare or law enforcement agency to the appropriate 
23.33 	school official.
24.1 	(f) When interviewing a minor under this section, an individual does not include the 
24.2 	parent or guardian of the minor for purposes of section 13.04, subdivision 2, when the parent 
24.3 	or guardian is the alleged offender.
24.4 	(g) Where the alleged offender or a person responsible for the care of the alleged victim 
24.5 	or other minor prevents access to the victim or other minor by the local welfare agency, the 
24.6 	juvenile court may order the parents, legal custodian, or guardian to produce the alleged 
24.7 	victim or other minor for questioning by the local welfare agency or the local law 
24.8 	enforcement agency outside the presence of the alleged offender or any person responsible 
24.9 	for the child's care at reasonable places and times as specified by court order.
24.10 	(h) Before making an order under paragraph (g), the court shall issue an order to show 
24.11 	cause, either upon its own motion or upon a verified petition, specifying the basis for the 
24.12 	requested interview and fixing the time and place of the hearing. The order to show cause 
24.13 	shall be served personally and shall be heard in the same manner as provided in other cases 
24.14 	in the juvenile court. The court shall consider the need for appointment of a guardian ad 
24.15 	litem to protect the best interests of the child. If appointed, the guardian ad litem shall be 
24.16 	present at the hearing on the order to show cause.
24.17 	(i) When conducting an investigation, the local welfare agency shall use a question and 
24.18 	answer interviewing format with questioning as nondirective as possible to elicit spontaneous 
24.19 	responses. For investigations only, the following interviewing methods and procedures must 
24.20 	be used whenever possible when collecting information:
24.21 	(1) audio recording of all interviews with witnesses and collateral sources; and
24.22 	(2) in a case of alleged sexual abuse, audio-video recording of each interview with the 
24.23 	alleged victim and a child witness.
24.24 		Subd. 4.Interviews on school property. (a) When the local welfare, local law 
24.25 	enforcement agency, or the agency responsible for assessing or investigating a report of 
24.26 	maltreatment determines that an interview should take place on school property, written 
24.27 	notification of intent to interview the child on school property must be received by school 
24.28 	officials before the interview. The notification shall include the name of the child to be 
24.29 	interviewed, the purpose of the interview, and a reference to the statutory authority to conduct 
24.30 	an interview on school property. For an interview conducted by the local welfare agency, 
24.31 	the notification shall be signed by the chair of the local social services agency or the chair's 
24.32 	designee. The notification shall be private data on individuals subject to the provisions of 
24.33 	this subdivision. School officials may not disclose to the parent, legal custodian, or guardian 
24.34 	the contents of the notification or any other related information regarding the interview until 
25.1 	notified in writing by the local welfare or law enforcement agency that the investigation or 
25.2 	assessment has been concluded, unless a school employee or agent is alleged to have 
25.3 	maltreated the child. Until that time, the local welfare or law enforcement agency or the 
25.4 	agency responsible for assessing or investigating a report of maltreatment shall be solely 
25.5 	responsible for any disclosure regarding the nature of the assessment or investigation.
25.6 	(b) Except where the alleged offender is believed to be a school official or employee, 
25.7 	the time, place, and manner of the interview on school premises shall be within the discretion 
25.8 	of school officials, but the local welfare or law enforcement agency shall have the exclusive 
25.9 	authority to determine who may attend the interview. The conditions as to time, place, and 
25.10 	manner of the interview set by the school officials shall be reasonable and the interview 
25.11 	shall be conducted not more than 24 hours after the receipt of the notification unless another 
25.12 	time is considered necessary by agreement between the school officials and the local welfare 
25.13 	or law enforcement agency. Where the school fails to comply with the provisions of this 
25.14 	paragraph, the juvenile court may order the school to comply. Every effort must be made 
25.15 	to reduce the disruption of the educational program of the child, other students, or school 
25.16 	staff when an interview is conducted on school premises.

25.17 	Sec. 11. [626B.11] CONCLUSION OF ASSESSMENT OR INVESTIGATION.
25.18 		Subdivision 1.Local welfare agency. (a) The local welfare agency shall conclude the 
25.19 	family assessment or the investigation within 45 days of the receipt of a report. The 
25.20 	conclusion of the assessment or investigation may be extended to permit the completion of 
25.21 	a criminal investigation or the receipt of expert information requested within 45 days of the 
25.22 	receipt of the report.
25.23 	(b) After conducting a family assessment, the local welfare agency shall determine 
25.24 	whether services are needed to address the safety of the child and other family members 
25.25 	and the risk of subsequent maltreatment.
25.26 	(c) After conducting an investigation, the local welfare agency shall make two 
25.27 	determinations: first, whether maltreatment occurred; and second, whether child protective 
25.28 	services are needed. No determination of maltreatment shall be made when the alleged 
25.29 	offender is a child under the age of ten.
25.30 	(d) The local welfare agency or the agency responsible for investigating the report may 
25.31 	make a determination of no maltreatment early in an investigation, and close the case and 
25.32 	retain immunity, if the collected information shows no basis for a full investigation.
26.1 	(e) This subdivision does not mean that maltreatment occurred solely because the child's 
26.2 	parent, guardian, or other person responsible for the child's care in good faith selects and 
26.3 	depends upon spiritual means or prayer for treatment or care of disease or remedial care of 
26.4 	the child, in lieu of medical care. However, if lack of medical care may result in serious 
26.5 	danger to the child's health, the local welfare agency may ensure that necessary medical 
26.6 	services are provided to the child.
26.7 		Subd. 2.Commissioner of education. If the commissioner of education conducts an 
26.8 	assessment or investigation, the commissioner shall determine whether maltreatment occurred 
26.9 	and what corrective or protective action was taken by the school facility. If a determination 
26.10 	is made that maltreatment occurred, the commissioner shall report to the employer, the 
26.11 	school board, and any appropriate licensing entity the determination that maltreatment 
26.12 	occurred and what corrective or protective action was taken by the school facility. In all 
26.13 	other cases, the commissioner shall inform the school board or employer that a report was 
26.14 	received, the subject of the report, the date of the initial report, the category of maltreatment 
26.15 	alleged as defined in section 626B.02, subdivision 11, the fact that maltreatment was not 
26.16 	determined, and a summary of the specific reasons for the determination.
26.17 		Subd. 3.Investigation involving a facility. (a) When maltreatment is determined in an 
26.18 	investigation involving a facility, the investigating agency shall also determine whether the 
26.19 	facility or individual was responsible, or whether both the facility and the individual were 
26.20 	responsible for the maltreatment using the mitigating factors in subdivision 6. Determinations 
26.21 	under this subdivision must be made based on a preponderance of the evidence and are 
26.22 	private data on individuals or nonpublic data as maintained by the commissioner of education.
26.23 	(b) Any operator, employee, or volunteer worker at any facility who intentionally neglects, 
26.24 	physically abuses, or sexually abuses any child in the care of that facility may be charged 
26.25 	with a violation of section 609.255, 609.377, or 609.378. Any operator of a facility who 
26.26 	knowingly permits conditions to exist that result in maltreatment of a child in a facility 
26.27 	while in the care of that facility may be charged with a violation of section 609.378. The 
26.28 	facility operator shall inform all mandated reporters employed by or otherwise associated 
26.29 	with the facility of the duties required of mandated reporters and shall inform all mandatory 
26.30 	reporters of the prohibition against retaliation for reports made in good faith under this 
26.31 	section.
26.32 		Subd. 4.Nonmaltreatment mistake. (a) If paragraph (b) applies, rather than making a 
26.33 	determination of substantiated maltreatment by the individual, the commissioner of human 
26.34 	services shall determine that a nonmaltreatment mistake was made by the individual.
27.1 	(b) A nonmaltreatment mistake occurs when:
27.2 	(1) at the time of the incident, the individual was performing duties identified in the 
27.3 	center's child care program plan required under Minnesota Rules, part 9503.0045;
27.4 	(2) the individual has not been determined responsible for a similar incident that resulted 
27.5 	in a finding of maltreatment for at least seven years;
27.6 	(3) the individual has not been determined to have committed a similar nonmaltreatment 
27.7 	mistake under this paragraph for at least four years;
27.8 	(4) any injury to a child resulting from the incident, if treated, is treated only with 
27.9 	remedies that are available over the counter, whether ordered by a medical professional or 
27.10 	not; and
27.11 	(5) except for the period when the incident occurred, the facility and the individual 
27.12 	providing services were both in compliance with all licensing requirements relevant to the 
27.13 	incident.
27.14 	(c) This subdivision only applies to child care centers licensed under Minnesota Rules, 
27.15 	chapter 9503.
27.16 		Subd. 5.Child protective services. For the purposes of this section, a determination 
27.17 	that child protective services are needed means that the local welfare agency documented 
27.18 	conditions during the assessment or investigation sufficient to cause a child protection 
27.19 	worker, as defined in section 626.559, subdivision 1, to conclude that a child is at significant 
27.20 	risk of maltreatment if protective intervention is not provided and that the individual or 
27.21 	individuals responsible for the child's care have not taken or are not likely to take action to 
27.22 	protect the child from maltreatment or risk of maltreatment.
27.23 		Subd. 6.Mitigating factors in investigating facilities. (a) When determining whether 
27.24 	the facility or individual is the responsible party, or whether both the facility and the 
27.25 	individual are responsible for determined maltreatment in a facility, the investigating agency 
27.26 	shall consider at least the following mitigating factors:
27.27 	(1) whether the actions of the facility or the individual caregivers were according to, 
27.28 	and followed the terms of, an erroneous physician order, prescription, individual care plan, 
27.29 	or directive; however, this is not a mitigating factor when the facility or caregiver was 
27.30 	responsible for the issuance of the erroneous order, prescription, individual care plan, or 
27.31 	directive or knew or should have known of the errors and took no reasonable measures to 
27.32 	correct the defect before administering care;
28.1 	(2) comparative responsibility between the facility, other caregivers, and requirements 
28.2 	placed upon an employee, including the facility's compliance with related regulatory standards 
28.3 	and the adequacy of facility policies and procedures, facility training, an individual's 
28.4 	participation in the training, the caregiver's supervision, and facility staffing levels and the 
28.5 	scope of the individual employee's authority and discretion; and
28.6 	(3) whether the facility or individual followed professional standards in exercising 
28.7 	professional judgment.
28.8 	(b) The evaluation of the facility's responsibility under paragraph (a), clause (2), must 
28.9 	not be based on the completeness of the risk assessment or risk reduction plan required 
28.10 	under section 245A.66, but must be based on the facility's compliance with the regulatory 
28.11 	standards for policies and procedures, training, and supervision as cited in Minnesota Statutes 
28.12 	and Minnesota Rules.
28.13 	(c) Notwithstanding paragraphs (a) and (b), when maltreatment is determined to have 
28.14 	been committed by an individual who is also the facility license or certification holder, both 
28.15 	the individual and the facility must be determined responsible for the maltreatment, and 
28.16 	both the background study disqualification standards under section 245C.15, subdivision 
28.17 	4, and the licensing or certification actions under section 245A.06, 245A.07, 245H.06, or 
28.18 	245H.07 apply.
28.19 		Subd. 7.Notification when assessment or investigation is completed. (a) This 
28.20 	subdivision applies to a report under section 626B.09, subdivision 11. When the 
28.21 	commissioner of the agency responsible for assessing or investigating the report or local 
28.22 	welfare agency has completed its investigation, every parent, guardian, or legal custodian 
28.23 	previously notified of the investigation by the commissioner or local welfare agency shall 
28.24 	be provided with the following information in a written memorandum: the name of the 
28.25 	facility investigated; the nature of the alleged maltreatment of a child in the facility; the 
28.26 	investigator's name; a summary of the investigation findings; a statement whether 
28.27 	maltreatment was found; and the protective or corrective measures that are being or will be 
28.28 	taken.
28.29 	(b) The memorandum shall be written in a manner that protects the identity of the reporter 
28.30 	and the child and shall not contain the name or, to the extent possible, reveal the identity 
28.31 	of the alleged offender or the identity of individuals interviewed during the investigation.
28.32 	(c) If maltreatment is determined to exist, the commissioner or local welfare agency 
28.33 	shall also provide the written memorandum to the parent, guardian, or legal custodian of 
28.34 	each child in the facility who had contact with the individual responsible for the maltreatment.
29.1 	(d) When the facility is the responsible party for maltreatment, the commissioner or 
29.2 	local welfare agency shall also provide the written memorandum to the parent, guardian, 
29.3 	or legal custodian of each child who received services in the population of the facility where 
29.4 	the maltreatment occurred.
29.5 	(e) This notification must be provided to the parent, guardian, or legal custodian of each 
29.6 	child receiving services from the time the maltreatment occurred until either the individual 
29.7 	responsible for maltreatment is no longer in contact with a child or children in the facility 
29.8 	or the conclusion of the investigation.
29.9 	(f) In the case of maltreatment within a school facility, as defined in section 120A.05, 
29.10 	subdivisions 9, 11, and 13, and chapter 124E, the commissioner of education need not 
29.11 	provide notification to parents, guardians, or legal custodians of each child in the facility, 
29.12 	but shall, within ten days after the investigation is completed, provide written notification 
29.13 	to the parent, guardian, or legal custodian of any student alleged to have been maltreated.
29.14 	(g) The commissioner of education may notify the parent, guardian, or legal custodian 
29.15 	of any student involved as a witness to alleged maltreatment.
29.16 		Subd. 8.Notification following assessment or investigation. (a) Within ten working 
29.17 	days of the conclusion of a family assessment, the local welfare agency shall notify the 
29.18 	parent or guardian of the child of the need for services to address child safety concerns or 
29.19 	significant risk of subsequent child maltreatment. The local welfare agency and the family 
29.20 	may also jointly agree that family support and family preservation services are needed.
29.21 	(b) Within ten working days of the conclusion of an investigation, the local welfare 
29.22 	agency or agency responsible for investigating the report shall notify the parent or guardian 
29.23 	of the child, the person determined to be maltreating the child, and, if applicable, the director 
29.24 	of the facility, of the determination and a summary of the specific reasons for the 
29.25 	determination. When the investigation involves a child foster care setting that is monitored 
29.26 	by a private licensing agency under section 245A.16, the local welfare agency responsible 
29.27 	for investigating the report shall notify the private licensing agency of the determination 
29.28 	and shall provide a summary of the specific reasons for the determination. The notice to 
29.29 	the private licensing agency must include identifying private data, but not the identity of 
29.30 	the reporter of maltreatment. The notice must also include a certification that the information 
29.31 	collection procedures under sections 626B.07, subdivision 3, and 626B.09, subdivisions 3 
29.32 	and 4, were followed and a notice of the right of a data subject to obtain access to other 
29.33 	private data on the subject collected, created, or maintained under this section. In addition, 
29.34 	the notice shall include the length of time that the records will be kept under section 626B.14, 
30.1 	subdivision 4. The investigating agency shall notify the parent or guardian of the child who 
30.2 	is the subject of the report, and any person or facility determined to have maltreated a child, 
30.3 	of their appeal or review rights under this section. The notice must also state that a finding 
30.4 	of maltreatment may result in denial of a license or certification application or background 
30.5 	study disqualification under chapter 245C related to employment or services that are licensed 
30.6 	or certified by the Department of Human Services under chapter 245A or 245H, the 
30.7 	Department of Health under chapter 144 or 144A, the Department of Corrections under 
30.8 	section 241.021, and from providing services related to an unlicensed personal care provider 
30.9 	organization under chapter 256B.
30.10 	(c) This subdivision applies only to local agency assessments and investigations.
30.11 		Subd. 9.Final notifications. Any person mandated to report shall receive a summary 
30.12 	of the disposition of any report made by that reporter, including whether the case has been 
30.13 	opened for child protection or other services, or if a referral has been made to a community 
30.14 	organization, unless release would be detrimental to the best interests of the child. Any 
30.15 	person who is not mandated to report shall, upon request to the local welfare agency, receive 
30.16 	a concise summary of the disposition of any report made by that reporter, unless release 
30.17 	would be detrimental to the best interests of the child.
30.18 		Subd. 10.Documentation of outcome. When a case is closed that has been open for 
30.19 	services, the local welfare agency shall document the outcome of the family assessment or 
30.20 	investigation, including a description of services provided and the removal or reduction of 
30.21 	risk to the child, if it existed.
30.22 		Subd. 11.Local welfare agency actions following determination that services are 
30.23 	needed. (a) The local welfare agency shall create a written plan, in collaboration with the 
30.24 	family whenever possible, within 30 days of the determination that child protective services 
30.25 	are needed or upon joint agreement of the local welfare agency and the family that family 
30.26 	support and preservation services are needed. Child protective services for a family are 
30.27 	voluntary unless ordered by the court.
30.28 	(b) The local welfare agency shall consult with the county attorney to determine the 
30.29 	appropriateness of filing a petition alleging the child is in need of protection or services 
30.30 	under section 260C.007, subdivision 6, if:
30.31 	(1) the family does not accept or comply with a plan for child protective services;
30.32 	(2) voluntary child protective services may not provide sufficient protection for the child; 
30.33 	or
31.1 	(3) the family is not cooperating with an investigation or assessment.
31.2 		Subd. 12.Child under age three. A child under age three who is involved in a 
31.3 	substantiated case of maltreatment shall be referred for screening under the Individuals with 
31.4 	Disabilities Education Act, part C. The child's parent must be informed that the evaluation 
31.5 	and acceptance of services are voluntary. The commissioner shall monitor referral rates by 
31.6 	county and annually report the information to the legislature beginning March 15, 2014. 
31.7 	Refusal to have a child screened is not a basis for a child in need of protection or services 
31.8 	petition under chapter 260C.
31.9 		Subd. 13.Evidence. No evidence relating to the neglect or abuse of a child or to any 
31.10 	prior incident of neglect or abuse involving any of the same persons accused of neglect or 
31.11 	abuse shall be excluded in any proceeding arising out of the alleged maltreatment on the 
31.12 	grounds of privilege set forth in section 595.02, subdivision 1, paragraph (a), (d), or (g).

31.13 	Sec. 12. [626B.12] APPEALS.
31.14 		Subdivision 1.Following family assessment. Administrative reconsideration is not 
31.15 	applicable in a family assessment since no determination concerning maltreatment is made.
31.16 		Subd. 2.Request for reconsideration. (a) For an investigation, except as provided 
31.17 	under subdivision 5, an individual or facility that the commissioner of human services, a 
31.18 	local social service agency, or the commissioner of education determines has maltreated a 
31.19 	child, an interested person acting on behalf of the child, regardless of the determination, 
31.20 	who contests the investigating agency's final determination regarding maltreatment, may 
31.21 	request the investigating agency to reconsider its final determination regarding maltreatment. 
31.22 	The request for reconsideration must be submitted in writing to the investigating agency 
31.23 	within 15 calendar days after receipt of notice of the final determination regarding 
31.24 	maltreatment or, if the request is made by an interested person who is not entitled to notice, 
31.25 	within 15 days after receipt of the notice by the parent or guardian of the child. If mailed, 
31.26 	the request for reconsideration must be postmarked and sent to the investigating agency 
31.27 	within 15 calendar days of the individual's or facility's receipt of the final determination. If 
31.28 	the request for reconsideration is made by personal service, it must be received by the 
31.29 	investigating agency within 15 calendar days after the individual's or facility's receipt of 
31.30 	the final determination.
31.31 	(b) An individual who was determined to have maltreated a child under this section and 
31.32 	who was disqualified on the basis of serious or recurring maltreatment under sections 
31.33 	245C.14 and 245C.15, may request reconsideration of the maltreatment determination and 
31.34 	the disqualification. The request for reconsideration of the maltreatment determination and 
32.1 	the disqualification must be submitted within 30 calendar days of the individual's receipt 
32.2 	of the notice of disqualification under sections 245C.16 and 245C.17. If mailed, the request 
32.3 	for reconsideration of the maltreatment determination and the disqualification must be 
32.4 	postmarked and sent to the investigating agency within 30 calendar days of the individual's 
32.5 	receipt of the maltreatment determination and notice of disqualification. If the request for 
32.6 	reconsideration is made by personal service, it must be received by the investigating agency 
32.7 	within 30 calendar days after the individual's receipt of the notice of disqualification.
32.8 	(c) If a maltreatment determination is the basis for a correction order under section 
32.9 	245H.06 or decertification under section 245H.07, the certification holder has the right to 
32.10 	request reconsideration under sections 245H.06 and 245H.07. If the certification holder 
32.11 	appeals the maltreatment determination or disqualification, but does not appeal the correction 
32.12 	order or decertification, reconsideration of the maltreatment determination shall be conducted 
32.13 	under this section and reconsideration of the disqualification shall be conducted under 
32.14 	section 245C.22.
32.15 		Subd. 3.Fair hearing request. (a) Except as provided under subdivisions 5 and 6, if 
32.16 	the investigating agency denies the request or fails to act upon the request within 15 working 
32.17 	days after receiving the request for reconsideration, the person or facility entitled to a fair 
32.18 	hearing under section 256.045 may submit to the commissioner of human services or the 
32.19 	commissioner of education a written request for a hearing under that section. Section 256.045
32.20 	also governs hearings requested to contest a final determination of the commissioner of 
32.21 	education. The investigating agency shall notify persons who request reconsideration of 
32.22 	their rights under this paragraph. The hearings specified under this section are the only 
32.23 	administrative appeal of a decision issued under subdivision 2. Determinations under this 
32.24 	section are not subject to accuracy and completeness challenges under section 13.04.
32.25 	(b) Except as provided under subdivision 6, if an individual or facility contests the 
32.26 	investigating agency's final determination regarding maltreatment by requesting a fair 
32.27 	hearing under section 256.045, the commissioner of human services shall assure that the 
32.28 	hearing is conducted and a decision is reached within 90 days of receipt of the request for 
32.29 	a hearing. The time for action on the decision may be extended for as many days as the 
32.30 	hearing is postponed or the record is held open for the benefit of either party.
32.31 		Subd. 4.Change of final determination. If, as a result of a reconsideration or review, 
32.32 	the investigating agency changes the final determination of maltreatment, that agency shall 
32.33 	notify every parent, guardian, or legal custodian previously notified of the investigation, 
32.34 	the commissioner of the agency responsible for assessing or investigating the report, the 
33.1 	local welfare agency, and, if applicable, the director of the facility and the private licensing 
33.2 	agency.
33.3 		Subd. 5.Consolidation. If an individual was disqualified under sections 245C.14 and 
33.4 	245C.15, on the basis of a determination of maltreatment, which was serious or recurring, 
33.5 	and the individual requested reconsideration of the maltreatment determination under 
33.6 	subdivision 2 and requested reconsideration of the disqualification under sections 245C.21 
33.7 	to 245C.27, reconsideration of the maltreatment determination and reconsideration of the 
33.8 	disqualification shall be consolidated into a single reconsideration. If reconsideration of the 
33.9 	maltreatment determination is denied and the individual remains disqualified following a 
33.10 	reconsideration decision, the individual may request a fair hearing under section 256.045. 
33.11 	If an individual requests a fair hearing on the maltreatment determination and the 
33.12 	disqualification, the scope of the fair hearing shall include both the maltreatment 
33.13 	determination and the disqualification.
33.14 		Subd. 6.Contested case hearing. If a maltreatment determination or a disqualification 
33.15 	based on serious or recurring maltreatment is the basis for a denial of a license under section 
33.16 	245A.05 or a licensing sanction under section 245A.07, the license holder has the right to 
33.17 	a contested case hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 
33.18 	1400.8612. As provided for under section 245A.08, subdivision 2a, the scope of the contested 
33.19 	case hearing shall include the maltreatment determination, disqualification, and licensing 
33.20 	sanction or denial of a license. In such cases, a fair hearing regarding the maltreatment 
33.21 	determination and disqualification shall not be conducted under section 256.045. Except 
33.22 	for family child care and child foster care, reconsideration of a maltreatment determination 
33.23 	as provided under this subdivision, and reconsideration of a disqualification as provided 
33.24 	under section 245C.22, shall also not be conducted when:
33.25 	(1) a denial of a license under section 245A.05 or a licensing sanction under section 
33.26 	245A.07, is based on a determination that the license holder is responsible for maltreatment 
33.27 	or the disqualification of a license holder based on serious or recurring maltreatment;
33.28 	(2) the denial of a license or licensing sanction is issued at the same time as the 
33.29 	maltreatment determination or disqualification; and
33.30 	(3) the license holder appeals the maltreatment determination or disqualification, and 
33.31 	denial of a license or licensing sanction.
33.32 	Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment 
33.33 	determination or disqualification, but does not appeal the denial of a license or a licensing 
33.34 	sanction, reconsideration of the maltreatment determination shall be conducted under sections 
34.1 	626.556, subdivision 10i, and 626.557, subdivision 9d, and reconsideration of the 
34.2 	disqualification shall be conducted under section 245C.22. In such cases, a fair hearing shall 
34.3 	also be conducted as provided under sections 245C.27, 626.556, subdivision 10i, and 
34.4 	626.557, subdivision 9d.
34.5 	If the disqualified subject is an individual other than the license holder and upon whom 
34.6 	a background study must be conducted under chapter 245C, the hearings of all parties may 
34.7 	be consolidated into a single contested case hearing upon consent of all parties and the 
34.8 	administrative law judge.

34.9 	Sec. 13. [626B.13] IMMUNITY.
34.10 	(a) The following persons are immune from any civil or criminal liability that otherwise 
34.11 	might result from the person's actions, if the person is acting in good faith:
34.12 	(1) a person making a voluntary or mandated report under section 626B.03 or under 
34.13 	section 626.5561 or assisting in an assessment under this section or under section 626.5561;
34.14 	(2) a person with responsibility for performing duties under this section or supervisor 
34.15 	employed by a local welfare agency, the commissioner of an agency responsible for operating 
34.16 	or supervising a licensed or unlicensed day care facility, residential facility, agency, hospital, 
34.17 	sanitarium, or other facility or institution required to be licensed or certified under sections 
34.18 	144.50 to 144.58; 241.021; 245A.01 to 245A.16; or chapter 245B or 245H; or a school as 
34.19 	defined in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E; or a nonlicensed 
34.20 	personal care provider organization as defined in section 256B.0625, subdivision 19a, 
34.21 	complying with sections 626B.09, subdivisions 11 and 12, and 626B.11, subdivision 7; and
34.22 	(3) a public or private school, facility as defined in section 626B.02, or the employee of 
34.23 	any public or private school or facility who permits access by a local welfare agency, the 
34.24 	Department of Education, or a local law enforcement agency and assists in an investigation 
34.25 	or assessment pursuant to section 626B.05, 626B.06, 626B.07, or 626.5561.
34.26 	(b) A person who is a supervisor or person with responsibility for performing duties 
34.27 	under this section employed by a local welfare agency, the commissioner of human services, 
34.28 	or the commissioner of education complying with section 626B.05, 626B.06, 626B.07, 
34.29 	626B.14, or 626.5561 or any related rule or provision of law is immune from any civil or 
34.30 	criminal liability that might otherwise result from the person's actions, if the person is (1) 
34.31 	acting in good faith and exercising due care, or (2) acting in good faith and following the 
34.32 	information collection procedures established under section 626B.05, subdivision 4, or 
34.33 	626B.09, subdivisions 3 and 4.
35.1 	(c) This subdivision does not provide immunity to any person for failure to make a 
35.2 	required report or for committing neglect, physical abuse, or sexual abuse of a child.
35.3 	(d) If a person who makes a voluntary or mandatory report under section 626B.03 prevails 
35.4 	in a civil action from which the person has been granted immunity under this section, the 
35.5 	court may award the person attorney fees and costs.

35.6 	Sec. 14. [626B.14] DATA PRACTICES.
35.7 		Subdivision 1.Classification and release of data. (a) A written copy of a report 
35.8 	maintained by personnel of agencies, other than welfare or law enforcement agencies, which 
35.9 	are subject to chapter 13 shall be confidential. An individual subject of the report may obtain 
35.10 	access to the original report as provided by subdivision 11.
35.11 	(b) All reports and records created, collected, or maintained under this chapter by a local 
35.12 	social service agency or law enforcement agency may be disclosed to a local social service 
35.13 	or other child welfare agency of another state when the agency certifies that:
35.14 	(1) the reports and records are necessary to conduct an investigation of actions that would 
35.15 	qualify as sexual abuse, physical abuse, or neglect under this section; and
35.16 	(2) the reports and records will be used only for purposes of a child protection assessment 
35.17 	or investigation and will not be further disclosed to any other person or agency.
35.18 	(c) The local social service agency or law enforcement agency in this state shall keep a 
35.19 	record of all records or reports disclosed pursuant to this subdivision and of any agency to 
35.20 	which the records or reports are disclosed. If in any case records or reports are disclosed 
35.21 	before a determination is made under section 626B.11, or a disposition of any criminal 
35.22 	proceedings is reached, the local social service agency or law enforcement agency in this 
35.23 	state shall forward the determination or disposition to any agency that has received any 
35.24 	report or record under this subdivision.
35.25 	(d) The responsible authority or its designee of a local welfare agency may release private 
35.26 	or confidential data on an active case involving assessment or investigation of actions that 
35.27 	are defined as sexual abuse, physical abuse, or neglect under this section to a court services 
35.28 	agency if:
35.29 	(1) the court services agency has an active case involving a common client who is the 
35.30 	subject of the data; and
36.1 	(2) the data are necessary for the court services agency to effectively process the court 
36.2 	services' case, including investigating or performing other duties relating to the case required 
36.3 	by law.
36.4 	(e) The data disclosed under paragraph (d) may be used only for purposes of the active 
36.5 	court services case described in paragraph (d), clause (1), and may not be further disclosed 
36.6 	to any other person or agency, except as authorized by law.
36.7 	(f) Records maintained under subdivision 4, paragraph (b), may be shared with another 
36.8 	local welfare agency that requests the information because it is conducting an assessment 
36.9 	or investigation under this section of the subject of the records.
36.10 	(g) Except as provided in paragraphs (h) and (i), subdivision 1, paragraphs (b) and (c), 
36.11 	and section 626B.09, subdivisions 7 and 11, all records concerning individuals maintained 
36.12 	by a local welfare agency or agency responsible for assessing or investigating the report 
36.13 	under this section, including any written reports filed under section 626B.04, shall be private 
36.14 	data on individuals, except insofar as copies of reports are required by section 626B.05, 
36.15 	subdivision 1 or 2, to be sent to the local police department or the county sheriff. All records 
36.16 	concerning determinations of maltreatment by a facility are nonpublic data as maintained 
36.17 	by the Department of Education, except insofar as copies of reports are required by section 
36.18 	626B.05, subdivision 1 or 2, to be sent to the local police department or the county sheriff. 
36.19 	Reports maintained by any police department or the county sheriff shall be private data on 
36.20 	individuals except the reports shall be made available to the investigating, petitioning, or 
36.21 	prosecuting authority, including county medical examiners or county coroners. Section 
36.22 	13.82, subdivisions 8, 9, and 14, apply to law enforcement data other than the reports. The 
36.23 	local social services agency or agency responsible for assessing or investigating the report 
36.24 	shall make available to the investigating, petitioning, or prosecuting authority, including a 
36.25 	county medical examiner or county coroner or a professional delegate, any records which 
36.26 	contain information relating to a specific incident of neglect or abuse which is under 
36.27 	investigation, petition, or prosecution and information relating to any prior incident of 
36.28 	neglect or abuse involving any of the same persons. The records shall be collected and 
36.29 	maintained according to chapter 13. In conducting investigations and assessments pursuant 
36.30 	to this section, the notice required by section 13.04, subdivision 2, need not be provided to 
36.31 	a minor under the age of ten who is the alleged victim of maltreatment. An individual subject 
36.32 	of a record shall have access to the record according to those sections, except that the name 
36.33 	of the reporter shall be confidential while the report is under assessment or investigation 
36.34 	except as otherwise permitted by this subdivision. Any person conducting an investigation 
36.35 	or assessment under this section who intentionally discloses the identity of a reporter before 
37.1 	the completion of the investigation or assessment is guilty of a misdemeanor. After the 
37.2 	assessment or investigation is completed, the name of the reporter shall be confidential. The 
37.3 	subject of the report may compel disclosure of the name of the reporter only with the consent 
37.4 	of the reporter or upon a written finding by the court that the report was false and that there 
37.5 	is evidence that the report was made in bad faith. This subdivision does not alter disclosure 
37.6 	responsibilities or obligations under the Rules of Criminal Procedure.
37.7 	(h) Upon request of the legislative auditor, data on individuals maintained under this 
37.8 	section must be released to the legislative auditor in order for the auditor to fulfill the auditor's 
37.9 	duties under section 3.971. The auditor shall maintain the data according to chapter 13.
37.10 	(i) Active law enforcement investigative data received by a local welfare agency or 
37.11 	agency responsible for assessing or investigating the report under this chapter are confidential 
37.12 	data on individuals. When this data become inactive in the law enforcement agency, the 
37.13 	data are private data on individuals.
37.14 	(j) Section 13.03, subdivision 4, applies to data received by the commissioner of education 
37.15 	from a licensing entity.
37.16 		Subd. 2.Data disclosed to reporter. (a) A local social services or child protection 
37.17 	agency, or the agency responsible for assessing or investigating the report of maltreatment, 
37.18 	shall provide relevant private data on individuals obtained under this chapter to a mandated 
37.19 	reporter who made the report and who has an ongoing responsibility for the health, education, 
37.20 	or welfare of a child affected by the data, unless the agency determines that providing the 
37.21 	data would not be in the best interests of the child. The agency may provide the data to other 
37.22 	mandated reporters with ongoing responsibility for the health, education, or welfare of the 
37.23 	child. Mandated reporters with ongoing responsibility for the health, education, or welfare 
37.24 	of a child affected by the data include the child's teachers or other appropriate school 
37.25 	personnel, foster parents, health care providers, respite care workers, therapists, social 
37.26 	workers, child care providers, residential care staff, crisis nursery staff, probation officers, 
37.27 	and court services personnel. Under this chapter, a mandated reporter need not have made 
37.28 	the report to be considered a person with ongoing responsibility for the health, education, 
37.29 	or welfare of a child affected by the data. Data provided under this chapter must be limited 
37.30 	to data pertinent to the individual's responsibility for caring for the child.
37.31 	(b) A reporter who receives private data on individuals under this subdivision must treat 
37.32 	the data according to that classification, regardless of whether the reporter is an employee 
37.33 	of a government entity. The remedies and penalties under sections 13.08 and 13.09 apply 
37.34 	if a reporter releases data in violation of this chapter or other law.
38.1 		Subd. 3.Data provided to the commissioner of education. The commissioner of 
38.2 	education must be provided with all requested data that are relevant to a report of 
38.3 	maltreatment and are in possession of a school facility as defined in section 626B.02, 
38.4 	subdivision 5, clause (2), when the data are requested pursuant to an assessment or 
38.5 	investigation of a maltreatment report of a student in a school. If the commissioner of 
38.6 	education makes a determination of maltreatment involving an individual performing work 
38.7 	within a school facility who is licensed by a board or other agency, the commissioner shall 
38.8 	provide necessary and relevant information to the licensing entity to enable the entity to 
38.9 	fulfill its statutory duties. Notwithstanding section 13.03, subdivision 4, data received by a 
38.10 	licensing entity under this paragraph are governed by section 13.41 or other applicable law 
38.11 	governing data of the receiving entity, except that this section applies to the classification 
38.12 	of and access to data on the reporter of the maltreatment.
38.13 		Subd. 4.Data retention. (a) Notwithstanding sections 138.163 and 138.17, a record 
38.14 	maintained or a record derived from a report of abuse by a local welfare agency, agency 
38.15 	responsible for assessing or investigating the report, court services agency, or school under 
38.16 	this chapter shall be destroyed as provided in paragraphs (b) to (e) by the responsible 
38.17 	authority.
38.18 	(b) For a report alleging child maltreatment that was not accepted for assessment or 
38.19 	investigation, a family assessment case, and a case where an investigation results in no 
38.20 	determination of maltreatment or the need for child protective services, the record must be 
38.21 	maintained for a period of five years after the date the report was not accepted for assessment 
38.22 	or investigation or of the final entry in the case record. A record of a report that was not 
38.23 	accepted must contain sufficient information to identify the subjects of the report, the nature 
38.24 	of the alleged maltreatment, and the reasons as to why the report was not accepted. Records 
38.25 	under this paragraph may not be used for employment, background checks, or purposes 
38.26 	other than to assist in future screening decisions and risk and safety assessments.
38.27 	(c) All records relating to reports which, upon investigation, indicate either maltreatment 
38.28 	or a need for child protective services shall be maintained for ten years after the date of the 
38.29 	final entry in the case record.
38.30 	(d) All records regarding a report of maltreatment, including any notification of intent 
38.31 	to interview which was received by a school under section 626B.10, subdivision 3, shall be 
38.32 	destroyed by the school when ordered to do so by the agency conducting the assessment or 
38.33 	investigation. The agency shall order the destruction of the notification when other records 
38.34 	relating to the report under investigation or assessment are destroyed under this subdivision.
39.1 	(e) Private or confidential data released to a court services agency under subdivision 1, 
39.2 	paragraphs (d) and (e), must be destroyed by the court services agency when ordered to do 
39.3 	so by the local welfare agency that released the data. The local welfare agency or agency 
39.4 	responsible for assessing or investigating the report shall order destruction of the data when 
39.5 	other records relating to the assessment or investigation are destroyed under this subdivision.
39.6 		Subd. 5.Disclosure to the public. (a) Notwithstanding any other provision of law and 
39.7 	subject to this subdivision, a public agency shall disclose to the public, upon request, the 
39.8 	findings and information related to a child fatality or near fatality if:
39.9 	(1) a person is criminally charged with having caused the child fatality or near fatality;
39.10 	(2) a county attorney certifies that a person would have been charged with having caused 
39.11 	the child fatality or near fatality but for that person's death; or
39.12 	(3) a child protection investigation resulted in a determination of child maltreatment.
39.13 	(b) Findings and information disclosed under this subdivision consist of a written 
39.14 	summary that includes any of the following information the agency is able to provide:
39.15 	(1) the cause and circumstances regarding the child fatality or near fatality;
39.16 	(2) the age and gender of the child;
39.17 	(3) information on any previous reports of child maltreatment that are pertinent to the 
39.18 	maltreatment that led to the child fatality or near fatality;
39.19 	(4) information on any previous investigations that are pertinent to the maltreatment that 
39.20 	led to the child fatality or near fatality;
39.21 	(5) the result of any investigations described in clause (4);
39.22 	(6) actions of and services provided by the local social services agency on behalf of a 
39.23 	child that are pertinent to the child maltreatment that led to the child fatality or near fatality; 
39.24 	and
39.25 	(7) the result of any review of the state child mortality review panel, a local child mortality 
39.26 	review panel, a local community child protection team, or any public agency.
39.27 	(c) Nothing in this subdivision authorizes access to the private data in the custody of a 
39.28 	local social services agency, or the disclosure to the public of the records or content of any 
39.29 	psychiatric, psychological, or therapeutic evaluation, or the disclosure of information that 
39.30 	would reveal the identities of persons who provided information related to maltreatment of 
39.31 	the child.
40.1 	(d) A person whose request is denied may apply to the appropriate court for an order 
40.2 	compelling disclosure of all or part of the findings and information of the public agency. 
40.3 	The application must set forth, with reasonable particularity, factors supporting the 
40.4 	application. The court has jurisdiction to issue these orders. Actions under this chapter must 
40.5 	be set down for immediate hearing, and subsequent proceedings in those actions must be 
40.6 	given priority by the appellate courts.
40.7 	(e) A public agency or its employees acting in good faith in disclosing or declining to 
40.8 	disclose information under this chapter are immune from criminal or civil liability that might 
40.9 	otherwise be incurred or imposed for that action.
40.10 		Subd. 6.Birth match data. Upon receiving data under section 144.225, subdivision 2b, 
40.11 	contained in a birth record or recognition of parentage identifying a child who is subject to 
40.12 	threatened injury under section 626B.02, subdivision 20, the Department of Human Services 
40.13 	shall send the data to the responsible social services agency. The data is known as "birth 
40.14 	match" data. Unless the responsible social services agency has already begun an investigation 
40.15 	or assessment of the report due to the birth of the child or execution of the recognition of 
40.16 	parentage and the parent's previous history with child protection, the agency shall accept 
40.17 	the birth match data as a report under this section. The agency may use either a family 
40.18 	assessment or investigation to determine whether the child is safe. All of the provisions of 
40.19 	this chapter apply. If the child is determined to be safe, the agency shall consult with the 
40.20 	county attorney to determine the appropriateness of filing a petition alleging the child is in 
40.21 	need of protection or services under section 260C.007, subdivision 6, clause (16), in order 
40.22 	to deliver needed services. If the child is determined not to be safe, the agency and the 
40.23 	county attorney shall take appropriate action as required under section 260C.503, subdivision 
40.24 	2.

40.25 	Sec. 15. [626B.15] AUDIT.
40.26 		Subdivision 1.Audit required. The commissioner shall regularly audit for accuracy 
40.27 	the data reported by counties on maltreatment of minors.
40.28 		Subd. 2.Audit procedure. The commissioner shall develop a plan to perform quality 
40.29 	assurance reviews of local welfare agency screening practices and decisions. The 
40.30 	commissioner shall provide oversight and guidance to counties to ensure consistent 
40.31 	application of screening guidelines, thorough and appropriate screening decisions, and 
40.32 	correct documentation and maintenance of reports.
40.33 		Subd. 3.Report required. The commissioner shall produce an annual report of the 
40.34 	summary results of the reviews. The report must only contain aggregate data and may not 
41.1 	include any data that could be used to personally identify any subject whose data is included 
41.2 	in the report. The report is public information and must be provided to the chairs and ranking 
41.3 	minority members of the legislative committees having jurisdiction over child protection 
41.4 	issues.

41.5 	Sec. 16. REVISOR'S INSTRUCTION.
 41.6 	The revisor of statutes shall make necessary cross-reference changes and remove statutory 
41.7 	cross-references in Minnesota Statutes and Minnesota Rules to conform with the 
41.8 	recodification and repealer in this act. The revisor may make technical and other necessary 
41.9 	changes to sentence structure to preserve the meaning of the text. The revisor may alter the 
41.10 	statutory coding in this act to incorporate statutory changes made by other law in the 2018 
41.11 	regular legislative session. If a provision repealed in this act is also amended in the 2018 
41.12 	regular legislative session by other law, the revisor shall merge the amendment into the 
41.13 	recodification, notwithstanding Minnesota Statutes, section 645.30.

41.14 	Sec. 17.  REPEALER.
 41.15 	(a) Minnesota Statutes 2016, section 626.556, subdivisions 1, 3a, 3b, 3d, 3e, 3f, 4a, 5, 
41.16 	6, 6a, 7, 7a, 8, 9, 10, 10a, 10b, 10c, 10g, 10h, 10j, 10k, 10l, 10m, 10n, 11, 11a, 11b, 11c, 
41.17 	12, 14, 15, and 16, are repealed.
41.18 	(b) Minnesota Statutes 2017 Supplement, section 626.556, subdivisions 2, 3, 3c, 4, 10d, 
41.19 	10e, 10f, 10i, and 11d, are repealed.

41.20 	ARTICLE 2
41.21 	CONFORMING CHANGES

41.22 	Section 1. Minnesota Statutes 2016, section 13.32, subdivision 3, is amended to read:
41.23 		Subd. 3.Private data; when disclosure is permitted. Except as provided in subdivision 
41.24 	5, educational data is private data on individuals and shall not be disclosed except as follows:
41.25 	(a) pursuant to section 13.05;
41.26 	(b) pursuant to a valid court order;
41.27 	(c) pursuant to a statute specifically authorizing access to the private data;
41.28 	(d) to disclose information in health, including mental health, and safety emergencies 
41.29 	pursuant to the provisions of United States Code, title 20, section 1232g(b)(1)(I) and Code 
41.30 	of Federal Regulations, title 34, section 99.36;
42.1 	(e) pursuant to the provisions of United States Code, title 20, sections 1232g(b)(1), 
42.2 	(b)(4)(A), (b)(4)(B), (b)(1)(B), (b)(3), (b)(6), (b)(7), and (i), and Code of Federal Regulations, 
42.3 	title 34, sections 99.31, 99.32, 99.33, 99.34, 99.35, and 99.39;
42.4 	(f) to appropriate health authorities to the extent necessary to administer immunization 
42.5 	programs and for bona fide epidemiologic investigations which the commissioner of health 
42.6 	determines are necessary to prevent disease or disability to individuals in the public 
42.7 	educational agency or institution in which the investigation is being conducted;
42.8 	(g) when disclosure is required for institutions that participate in a program under title 
42.9 	IV of the Higher Education Act, United States Code, title 20, section 1092;
42.10 	(h) to the appropriate school district officials to the extent necessary under subdivision 
42.11 	6, annually to indicate the extent and content of remedial instruction, including the results 
42.12 	of assessment testing and academic performance at a postsecondary institution during the 
42.13 	previous academic year by a student who graduated from a Minnesota school district within 
42.14 	two years before receiving the remedial instruction;
42.15 	(i) to appropriate authorities as provided in United States Code, title 20, section 
42.16 	1232g(b)(1)(E)(ii), if the data concern the juvenile justice system and the ability of the 
42.17 	system to effectively serve, prior to adjudication, the student whose records are released; 
42.18 	provided that the authorities to whom the data are released submit a written request for the 
42.19 	data that certifies that the data will not be disclosed to any other person except as authorized 
42.20 	by law without the written consent of the parent of the student and the request and a record 
42.21 	of the release are maintained in the student's file;
42.22 	(j) to volunteers who are determined to have a legitimate educational interest in the data 
42.23 	and who are conducting activities and events sponsored by or endorsed by the educational 
42.24 	agency or institution for students or former students;
42.25 	(k) to provide student recruiting information, from educational data held by colleges 
42.26 	and universities, as required by and subject to Code of Federal Regulations, title 32, section 
42.27 	216;
42.28 	(l) to the juvenile justice system if information about the behavior of a student who poses 
42.29 	a risk of harm is reasonably necessary to protect the health or safety of the student or other 
42.30 	individuals;
42.31 	(m) with respect to Social Security numbers of students in the adult basic education 
42.32 	system, to Minnesota State Colleges and Universities and the Department of Employment 
43.1 	and Economic Development for the purpose and in the manner described in section 124D.52, 
43.2 	subdivision 7;
43.3 	(n) to the commissioner of education for purposes of an assessment or investigation of 
43.4 	a report of alleged maltreatment of a student as mandated by ~~section 626.556~~ chapter 626B. 
43.5 	Upon request by the commissioner of education, data that are relevant to a report of 
43.6 	maltreatment and are from charter school and school district investigations of alleged 
43.7 	maltreatment of a student must be disclosed to the commissioner, including, but not limited 
43.8 	to, the following:
43.9 	(1) information regarding the student alleged to have been maltreated;
43.10 	(2) information regarding student and employee witnesses;
43.11 	(3) information regarding the alleged perpetrator; and
43.12 	(4) what corrective or protective action was taken, if any, by the school facility in response 
43.13 	to a report of maltreatment by an employee or agent of the school or school district;
43.14 	(o) when the disclosure is of the final results of a disciplinary proceeding on a charge 
43.15 	of a crime of violence or nonforcible sex offense to the extent authorized under United 
43.16 	States Code, title 20, section 1232g(b)(6)(A) and (B) and Code of Federal Regulations, title 
43.17 	34, sections 99.31 (a)(13) and (14);
43.18 	(p) when the disclosure is information provided to the institution under United States 
43.19 	Code, title 42, section 14071, concerning registered sex offenders to the extent authorized 
43.20 	under United States Code, title 20, section 1232g(b)(7); or
43.21 	(q) when the disclosure is to a parent of a student at an institution of postsecondary 
43.22 	education regarding the student's violation of any federal, state, or local law or of any rule 
43.23 	or policy of the institution, governing the use or possession of alcohol or of a controlled 
43.24 	substance, to the extent authorized under United States Code, title 20, section 1232g(i), and 
43.25 	Code of Federal Regulations, title 34, section 99.31 (a)(15), and provided the institution 
43.26 	has an information release form signed by the student authorizing disclosure to a parent. 
43.27 	The institution must notify parents and students about the purpose and availability of the 
43.28 	information release forms. At a minimum, the institution must distribute the information 
43.29 	release forms at parent and student orientation meetings.

43.30 	Sec. 2. Minnesota Statutes 2016, section 13.3805, subdivision 3, is amended to read:
43.31 		Subd. 3.Office of Health Facility Complaints; investigative data. Except for 
43.32 	investigative data under ~~section 626.556~~ chapter 626B, all investigative data maintained by 
44.1 	the Department of Health's Office of Health Facility Complaints are subject to provisions 
44.2 	of and classified pursuant to section 626.557, subdivision 12b, paragraphs (b) to (d). 
44.3 	Notwithstanding sections ~~626.556, subdivision 11, and~~626.557, subdivision 12b, paragraph 
44.4 	(b), 626B.14, subdivisions 1, paragraphs (g) and (h), and 3, data identifying an individual 
44.5 	substantiated as the perpetrator are public data. For purposes of this subdivision, an individual 
44.6 	is substantiated as the perpetrator if the commissioner of health determines that the individual 
44.7 	is the perpetrator and the determination of the commissioner is upheld after the individual 
44.8 	either exercises applicable administrative appeal rights or fails to exercise these rights within 
44.9 	the time allowed by law.

44.10 	Sec. 3. Minnesota Statutes 2016, section 13.43, subdivision 14, is amended to read:
44.11 		Subd. 14.Maltreatment data. (a) When a report of alleged maltreatment of a student 
44.12 	in a school facility, as defined in section ~~626.556, subdivision 2, paragraph (c)~~ 626B.02, 
44.13 	subdivision 5, is made to the commissioner of education under ~~section 626.556~~ chapter 
44.14 	626B, data that are relevant to a report of maltreatment and are collected by the school 
44.15 	facility about the person alleged to have committed maltreatment must be provided to the 
44.16 	commissioner of education upon request for purposes of an assessment or investigation of 
44.17 	the maltreatment report. Data received by the commissioner of education pursuant to these 
44.18 	assessments or investigations are classified under ~~section 626.556~~ chapter 626B.
44.19 	(b) Personnel data may be released for purposes of providing information to a parent, 
44.20 	legal guardian, or custodian of a child under section ~~626.556, subdivision 7~~ 626B.09, 
44.21 	subdivision 10.

44.22 	Sec. 4. Minnesota Statutes 2016, section 13.46, subdivision 3, is amended to read:
44.23 		Subd. 3.Investigative data. (a) Data on persons, including data on vendors of services, 
44.24 	licensees, and applicants that is collected, maintained, used, or disseminated by the welfare 
44.25 	system in an investigation, authorized by statute, and relating to the enforcement of rules 
44.26 	or law are confidential data on individuals pursuant to section 13.02, subdivision 3, or 
44.27 	protected nonpublic data not on individuals pursuant to section 13.02, subdivision 13, and 
44.28 	shall not be disclosed except:
44.29 	(1) pursuant to section 13.05;
44.30 	(2) pursuant to statute or valid court order;
44.31 	(3) to a party named in a civil or criminal proceeding, administrative or judicial, for 
44.32 	preparation of defense; or
45.1 	(4) to provide notices required or permitted by statute.
45.2 	The data referred to in this subdivision shall be classified as public data upon submission 
45.3 	to an administrative law judge or court in an administrative or judicial proceeding. Inactive 
45.4 	welfare investigative data shall be treated as provided in section 13.39, subdivision 3.
45.5 	(b) Notwithstanding any other provision in law, the commissioner of human services 
45.6 	shall provide all active and inactive investigative data, including the name of the reporter 
45.7 	of alleged maltreatment under ~~section 626.556~~ chapter 626B or section 626.557, to the 
45.8 	ombudsman for mental health and developmental disabilities upon the request of the 
45.9 	ombudsman.
45.10 	(c) Notwithstanding paragraph (a) and section 13.39, the existence of an investigation 
45.11 	by the commissioner of possible overpayments of public funds to a service provider or 
45.12 	recipient may be disclosed if the commissioner determines that it will not compromise the 
45.13 	investigation.

45.14 	Sec. 5. Minnesota Statutes 2016, section 13.46, subdivision 4, is amended to read:
45.15 		Subd. 4.Licensing data. (a) As used in this subdivision:
45.16 	(1) "licensing data" are all data collected, maintained, used, or disseminated by the 
45.17 	welfare system pertaining to persons licensed or registered or who apply for licensure or 
45.18 	registration or who formerly were licensed or registered under the authority of the 
45.19 	commissioner of human services;
45.20 	(2) "client" means a person who is receiving services from a licensee or from an applicant 
45.21 	for licensure; and
45.22 	(3) "personal and personal financial data" are Social Security numbers, identity of and 
45.23 	letters of reference, insurance information, reports from the Bureau of Criminal 
45.24 	Apprehension, health examination reports, and social/home studies.
45.25 	(b)(1)(i) Except as provided in paragraph (c), the following data on applicants, license 
45.26 	holders, and former licensees are public: name, address, telephone number of licensees, 
45.27 	date of receipt of a completed application, dates of licensure, licensed capacity, type of 
45.28 	client preferred, variances granted, record of training and education in child care and child 
45.29 	development, type of dwelling, name and relationship of other family members, previous 
45.30 	license history, class of license, the existence and status of complaints, and the number of 
45.31 	serious injuries to or deaths of individuals in the licensed program as reported to the 
45.32 	commissioner of human services, the local social services agency, or any other county 
46.1 	welfare agency. For purposes of this clause, a serious injury is one that is treated by a 
46.2 	physician.
46.3 	(ii) When a correction order, an order to forfeit a fine, an order of license suspension, 
46.4 	an order of temporary immediate suspension, an order of license revocation, an order of 
46.5 	license denial, or an order of conditional license has been issued, or a complaint is resolved, 
46.6 	the following data on current and former licensees and applicants are public: the general 
46.7 	nature of the complaint or allegations leading to the temporary immediate suspension; the 
46.8 	substance and investigative findings of the licensing or maltreatment complaint, licensing 
46.9 	violation, or substantiated maltreatment; the existence of settlement negotiations; the record 
46.10 	of informal resolution of a licensing violation; orders of hearing; findings of fact; conclusions 
46.11 	of law; specifications of the final correction order, fine, suspension, temporary immediate 
46.12 	suspension, revocation, denial, or conditional license contained in the record of licensing 
46.13 	action; whether a fine has been paid; and the status of any appeal of these actions.
46.14 	(iii) When a license denial under section 245A.05 or a sanction under section 245A.07
46.15 	is based on a determination that a license holder, applicant, or controlling individual is 
46.16 	responsible for maltreatment under ~~section 626.556~~ chapter 626B or section626.557, the 
46.17 	identity of the applicant, license holder, or controlling individual as the individual responsible 
46.18 	for maltreatment is public data at the time of the issuance of the license denial or sanction.
46.19 	(iv) When a license denial under section 245A.05 or a sanction under section 245A.07
46.20 	is based on a determination that a license holder, applicant, or controlling individual is 
46.21 	disqualified under chapter 245C, the identity of the license holder, applicant, or controlling 
46.22 	individual as the disqualified individual and the reason for the disqualification are public 
46.23 	data at the time of the issuance of the licensing sanction or denial. If the applicant, license 
46.24 	holder, or controlling individual requests reconsideration of the disqualification and the 
46.25 	disqualification is affirmed, the reason for the disqualification and the reason to not set aside 
46.26 	the disqualification are public data.
46.27 	(2) For applicants who withdraw their application prior to licensure or denial of a license, 
46.28 	the following data are public: the name of the applicant, the city and county in which the 
46.29 	applicant was seeking licensure, the dates of the commissioner's receipt of the initial 
46.30 	application and completed application, the type of license sought, and the date of withdrawal 
46.31 	of the application.
46.32 	(3) For applicants who are denied a license, the following data are public: the name and 
46.33 	address of the applicant, the city and county in which the applicant was seeking licensure, 
46.34 	the dates of the commissioner's receipt of the initial application and completed application, 
47.1 	the type of license sought, the date of denial of the application, the nature of the basis for 
47.2 	the denial, the existence of settlement negotiations, the record of informal resolution of a 
47.3 	denial, orders of hearings, findings of fact, conclusions of law, specifications of the final 
47.4 	order of denial, and the status of any appeal of the denial.
47.5 	(4) When maltreatment is substantiated under ~~section 626.556~~ chapter 626B or section
47.6 	626.557 and the victim and the substantiated perpetrator are affiliated with a program 
47.7 	licensed under chapter 245A, the commissioner of human services, local social services 
47.8 	agency, or county welfare agency may inform the license holder where the maltreatment 
47.9 	occurred of the identity of the substantiated perpetrator and the victim.
47.10 	(5) Notwithstanding clause (1), for child foster care, only the name of the license holder 
47.11 	and the status of the license are public if the county attorney has requested that data otherwise 
47.12 	classified as public data under clause (1) be considered private data based on the best interests 
47.13 	of a child in placement in a licensed program.
47.14 	(c) The following are private data on individuals under section 13.02, subdivision 12, 
47.15 	or nonpublic data under section 13.02, subdivision 9: personal and personal financial data 
47.16 	on family day care program and family foster care program applicants and licensees and 
47.17 	their family members who provide services under the license.
47.18 	(d) The following are private data on individuals: the identity of persons who have made 
47.19 	reports concerning licensees or applicants that appear in inactive investigative data, and the 
47.20 	records of clients or employees of the licensee or applicant for licensure whose records are 
47.21 	received by the licensing agency for purposes of review or in anticipation of a contested 
47.22 	matter. The names of reporters of complaints or alleged violations of licensing standards 
47.23 	under chapters 245A, 245B, 245C, and 245D, and applicable rules and alleged maltreatment 
47.24 	under ~~sections 626.556~~ chapter 626B and section626.557, are confidential data and may 
47.25 	be disclosed only as provided in section ~~626.556, subdivision 11, or~~626.557, subdivision 
47.26 	12b, or 626B.14, subdivisions 1, paragraphs (g) and (h), and 3.
47.27 	(e) Data classified as private, confidential, nonpublic, or protected nonpublic under this 
47.28 	subdivision become public data if submitted to a court or administrative law judge as part 
47.29 	of a disciplinary proceeding in which there is a public hearing concerning a license which 
47.30 	has been suspended, immediately suspended, revoked, or denied.
47.31 	(f) Data generated in the course of licensing investigations that relate to an alleged 
47.32 	violation of law are investigative data under subdivision 3.
47.33 	(g) Data that are not public data collected, maintained, used, or disseminated under this 
47.34 	subdivision that relate to or are derived from a report as defined in section ~~626.556,~~ 
48.1 	~~subdivision 2, or~~626.5572, subdivision 18, or 626B.02, are subject to the destruction 
48.2 	provisions of sections ~~626.556, subdivision 11c, and~~626.557, subdivision 12b, and 626B.14, 
48.3 	subdivision 4.
48.4 	(h) Upon request, not public data collected, maintained, used, or disseminated under 
48.5 	this subdivision that relate to or are derived from a report of substantiated maltreatment as 
48.6 	defined in ~~section 626.556~~ chapter 626B or section626.557 may be exchanged with the 
48.7 	Department of Health for purposes of completing background studies pursuant to section 
48.8 	144.057 and with the Department of Corrections for purposes of completing background 
48.9 	studies pursuant to section 241.021.
48.10 	(i) Data on individuals collected according to licensing activities under chapters 245A 
48.11 	and 245C, data on individuals collected by the commissioner of human services according 
48.12 	to investigations under chapters 245A, 245B, 245C, ~~and~~ 245D, ~~and sections 626.556~~and 
48.13 	626B, and section 626.557 may be shared with the Department of Human Rights, the 
48.14 	Department of Health, the Department of Corrections, the ombudsman for mental health 
48.15 	and developmental disabilities, and the individual's professional regulatory board when 
48.16 	there is reason to believe that laws or standards under the jurisdiction of those agencies may 
48.17 	have been violated or the information may otherwise be relevant to the board's regulatory 
48.18 	jurisdiction. Background study data on an individual who is the subject of a background 
48.19 	study under chapter 245C for a licensed service for which the commissioner of human 
48.20 	services is the license holder may be shared with the commissioner and the commissioner's 
48.21 	delegate by the licensing division. Unless otherwise specified in this chapter, the identity 
48.22 	of a reporter of alleged maltreatment or licensing violations may not be disclosed.
48.23 	(j) In addition to the notice of determinations required under section ~~626.556, subdivision~~ 
48.24 	~~10f~~ 626B.11, subdivision 8, if the commissioner or the local social services agency has 
48.25 	determined that an individual is a substantiated perpetrator of maltreatment of a child based 
48.26 	on sexual abuse, as defined in section ~~626.556, subdivision 2~~ 626B.02, and the commissioner 
48.27 	or local social services agency knows that the individual is a person responsible for a child's 
48.28 	care in another facility, the commissioner or local social services agency shall notify the 
48.29 	head of that facility of this determination. The notification must include an explanation of 
48.30 	the individual's available appeal rights and the status of any appeal. If a notice is given under 
48.31 	this paragraph, the government entity making the notification shall provide a copy of the 
48.32 	notice to the individual who is the subject of the notice.
48.33 	(k) All not public data collected, maintained, used, or disseminated under this subdivision 
48.34 	and subdivision 3 may be exchanged between the Department of Human Services, Licensing 
48.35 	Division, and the Department of Corrections for purposes of regulating services for which 
49.1 	the Department of Human Services and the Department of Corrections have regulatory 
49.2 	authority.

49.3 	Sec. 6. Minnesota Statutes 2016, section 13.82, subdivision 8, is amended to read:
49.4 		Subd. 8.Child abuse identity data. Active or inactive investigative data that identify 
49.5 	a victim of child abuse or neglect reported under ~~section 626.556~~ chapter 626B are private 
49.6 	data on individuals. Active or inactive investigative data that identify a reporter of child 
49.7 	abuse or neglect under ~~section 626.556~~ chapter 626B are confidential data on individuals, 
49.8 	unless the subject of the report compels disclosure under section ~~626.556, subdivision 11~~
49.9 	626B.14, subdivisions 1, paragraphs (g) and (h), and 3.

49.10 	Sec. 7. Minnesota Statutes 2016, section 13.82, subdivision 9, is amended to read:
49.11 		Subd. 9.Inactive child abuse data. Investigative data that become inactive under 
49.12 	subdivision 7, clause (a) or (b), and that relate to the alleged abuse or neglect of a child by 
49.13 	a person responsible for the child's care, as defined in section ~~626.556, subdivision 2~~ 626B.02, 
49.14 	are private data.

49.15 	Sec. 8. Minnesota Statutes 2017 Supplement, section 13.82, subdivision 17, is amended 
49.16 	to read:
49.17 		Subd. 17.Protection of identities. A law enforcement agency or a law enforcement 
49.18 	dispatching agency working under direction of a law enforcement agency shall withhold 
49.19 	public access to data on individuals to protect the identity of individuals in the following 
49.20 	circumstances:
49.21 	(a) when access to the data would reveal the identity of an undercover law enforcement 
49.22 	officer, as provided in section 13.43, subdivision 5;
49.23 	(b) when access to the data would reveal the identity of a victim or alleged victim of 
49.24 	criminal sexual conduct or sex trafficking under section 609.322, 609.341 to 609.3451, or 
49.25 	617.246, subdivision 2;
49.26 	(c) when access to the data would reveal the identity of a paid or unpaid informant being 
49.27 	used by the agency if the agency reasonably determines that revealing the identity of the 
49.28 	informant would threaten the personal safety of the informant;
49.29 	(d) when access to the data would reveal the identity of a victim of or witness to a crime 
49.30 	if the victim or witness specifically requests not to be identified publicly, unless the agency 
50.1 	reasonably determines that revealing the identity of the victim or witness would not threaten 
50.2 	the personal safety or property of the individual;
50.3 	(e) when access to the data would reveal the identity of a deceased person whose body 
50.4 	was unlawfully removed from a cemetery in which it was interred;
50.5 	(f) when access to the data would reveal the identity of a person who placed a call to a 
50.6 	911 system or the identity or telephone number of a service subscriber whose phone is used 
50.7 	to place a call to the 911 system and: (1) the agency determines that revealing the identity 
50.8 	may threaten the personal safety or property of any person; or (2) the object of the call is 
50.9 	to receive help in a mental health emergency. For the purposes of this paragraph, a voice 
50.10 	recording of a call placed to the 911 system is deemed to reveal the identity of the caller;
50.11 	(g) when access to the data would reveal the identity of a juvenile witness and the agency 
50.12 	reasonably determines that the subject matter of the investigation justifies protecting the 
50.13 	identity of the witness; or
50.14 	(h) when access to the data would reveal the identity of a mandated reporter under section 
50.15 	60A.952, subdivision 2, 609.456~~, 626.556~~, or 626.557, or chapter 626B.
50.16 	Data concerning individuals whose identities are protected by this subdivision are private 
50.17 	data about those individuals. Law enforcement agencies shall establish procedures to acquire 
50.18 	the data and make the decisions necessary to protect the identity of individuals described 
50.19 	in clauses (c), (d), (f), and (g).

50.20 	Sec. 9. Minnesota Statutes 2016, section 13.821, is amended to read:
50.21 	13.821 VIDEOTAPES OF CHILD ABUSE VICTIMS.
50.22 	(a) Notwithstanding section 13.04, subdivision 3, an individual subject of data may not 
50.23 	obtain a copy of a videotape in which a child victim or alleged victim is alleging, explaining, 
50.24 	denying, or describing an act of physical or sexual abuse without a court order under section 
50.25 	13.03, subdivision 6, or 611A.90. The definitions of physical abuse and sexual abuse in 
50.26 	section ~~626.556, subdivision 2,~~ 626B.02 apply to this section, except that abuse is not limited 
50.27 	to acts by a person responsible for the child's care or in a significant relationship with the 
50.28 	child or position of authority.
50.29 	(b) This section does not limit other rights of access to data by an individual under section 
50.30 	13.04, subdivision 3, other than the right to obtain a copy of the videotape, nor prohibit 
50.31 	rights of access pursuant to discovery in a court proceeding.

51.1 	Sec. 10. Minnesota Statutes 2016, section 13.84, subdivision 9, is amended to read:
51.2 		Subd. 9.Child abuse data; release to child protective services. A court services agency 
51.3 	may release private or confidential data on an active case involving assessment or 
51.4 	investigation of actions that are defined as sexual abuse, physical abuse, or neglect under
51.5 	~~section 626.556~~ chapter 626B to a local welfare agency if:
51.6 	(1) the local welfare agency has an active case involving a common client or clients who 
51.7 	are the subject of the data; and
51.8 	(2) the data are necessary for the local welfare agency to effectively process the agency's 
51.9 	case, including investigating or performing other duties relating to the case required by law.
51.10 	Court services data disclosed under this subdivision may be used only for purposes of 
51.11 	the active case described in clause (1) and may not be further disclosed to any other person 
51.12 	or agency, except as authorized by law.

51.13 	Sec. 11. Minnesota Statutes 2016, section 13.871, subdivision 6, is amended to read:
51.14 		Subd. 6.Training; investigation; apprehension; reports. (a) Reports of gunshot 
51.15 	wounds. Disclosure of the name of a person making a report under section 626.52, 
51.16 	subdivision 2, is governed by section 626.53.
51.17 	(b) Child abuse report records. Data contained in child abuse report records are 
51.18 	classified under ~~section 626.556~~ chapter 626B.
51.19 	(c) Interstate data exchange. Disclosure of child abuse reports to agencies of another 
51.20 	state is classified under section ~~626.556, subdivision 10g~~ 626B.14, subdivision 1, paragraphs 
51.21 	(b) and (c).
51.22 	(d) Release to family court services. Release of child abuse data to a court services 
51.23 	agency is authorized under section ~~626.556, subdivision 10h~~ 626B.14, subdivision 1, 
51.24 	paragraphs (d) and (e).
51.25 	(e) Release of data to mandated reporters. Release of child abuse data to mandated 
51.26 	reporters who have an ongoing responsibility for the health, education, or welfare of a child 
51.27 	affected by the data is authorized under section ~~626.556, subdivision 10j~~ 626B.14, subdivision 
51.28 	2.
51.29 	(f) Release of child abuse assessment or investigative records to other counties. 
51.30 	Release of child abuse investigative records to local welfare agencies is authorized under 
51.31 	section ~~626.556, subdivision 10k~~ 626B.14, subdivision 1, paragraph (f).
52.1 	(g) Classifying and sharing records and reports of child abuse. The classification of 
52.2 	child abuse data and the sharing of records and reports of child abuse by and between local 
52.3 	welfare agencies and law enforcement agencies are governed under section ~~626.556,~~ 
52.4 	~~subdivision 11~~ 626B.14, subdivisions 1, paragraphs (g) and (h), and 3.
52.5 	(h) Disclosure of information not required in certain cases. Disclosure of certain data 
52.6 	obtained from interviewing a minor is governed by section ~~626.556, subdivision 11a~~ 626B.10, 
52.7 	subdivision 3, paragraph (f).
52.8 	(i) Data received from law enforcement. Classifying child abuse data received by 
52.9 	certain agencies from law enforcement agencies is governed under section ~~626.556,~~ 
52.10 	~~subdivision 11b~~ 626B.14, subdivision 1, paragraph (i).
52.11 	(j) Disclosure in child fatality cases. Disclosure of information relating to a child fatality 
52.12 	is governed under section ~~626.556, subdivision 11d~~ 626B.14, subdivision 5.
52.13 	(k) Reports of prenatal exposure to controlled substances. Data on persons making 
52.14 	reports under section 626.5561 are classified under section 626.5561, subdivision 3.
52.15 	(l) Vulnerable adult report records. Data contained in vulnerable adult report records 
52.16 	are classified under section 626.557, subdivision 12b.
52.17 	(m) Adult protection team information sharing. Sharing of local welfare agency 
52.18 	vulnerable adult data with a protection team is governed by section 626.5571, subdivision 
52.19 	3.
52.20 	(n) Child protection team. Data acquired by a case consultation committee or 
52.21 	subcommittee of a child protection team are classified by section 626.558, subdivision 3.
52.22 	(o) Peace officer discipline procedures. Access by an officer under investigation to 
52.23 	the investigating agency's investigative report on the officer is governed by section 626.89, 
52.24 	subdivision 6.
52.25 	(p) Racial profiling study data. Racial profiling study data is governed by Minnesota 
52.26 	Statutes 2006, section 626.951.

52.27 	Sec. 12. Minnesota Statutes 2016, section 13.88, is amended to read:
52.28 	13.88 COMMUNITY DISPUTE RESOLUTION CENTER DATA.
52.29 	The guidelines shall provide that all files relating to a case in a community dispute 
52.30 	resolution program are to be classified as private data on individuals, pursuant to section 
52.31 	13.02, subdivision 12, with the following exceptions:
53.1 	(1) When a party to the case has been formally charged with a criminal offense, the data 
53.2 	are to be classified as public data on individuals, pursuant to section 13.02, subdivision 15.
53.3 	(2) Data relating to suspected neglect or physical or sexual abuse of children or 
53.4 	maltreatment of vulnerable adults are to be subject to the reporting requirements of ~~sections~~ 
53.5 	~~626.556 and~~ section626.557 and chapter 626B.

53.6 	Sec. 13. Minnesota Statutes 2017 Supplement, section 120B.22, subdivision 2, is amended 
53.7 	to read:
53.8 		Subd. 2.In-service training. Each district is encouraged to provide training for district 
53.9 	staff and school board members on the following:
53.10 	(1) helping students identify violence in the family and the community so that students 
53.11 	may learn to resolve conflicts in effective, nonviolent ways;
53.12 	(2) responding to a disclosure of child sexual abuse in a supportive, appropriate manner; 
53.13 	and
53.14 	(3) complying with mandatory reporting requirements under ~~section 626.556~~ chapter 
53.15 	626B.
53.16 	The in-service training must be ongoing and involve experts familiar with sexual abuse, 
53.17 	domestic violence, and personal safety issues.

53.18 	Sec. 14. Minnesota Statutes 2017 Supplement, section 122A.20, subdivision 2, is amended 
53.19 	to read:
53.20 		Subd. 2.Mandatory reporting. (a) A school board must report to the Professional 
53.21 	Educator Licensing and Standards Board, the Board of School Administrators, or the Board 
53.22 	of Trustees of the Minnesota State Colleges and Universities, whichever has jurisdiction 
53.23 	over the teacher's or administrator's license, when its teacher or administrator is discharged 
53.24 	or resigns from employment after a charge is filed with the school board under section 
53.25 	122A.41, subdivisions 6, clauses (1), (2), and (3), and 7, or after charges are filed that are 
53.26 	grounds for discharge under section 122A.40, subdivision 13, paragraph (a), clauses (1) to 
53.27 	(5), or when a teacher or administrator is suspended or resigns while an investigation is 
53.28 	pending under section 122A.40, subdivision 13, paragraph (a), clauses (1) to (5)~~;~~, or122A.41, 
53.29 	subdivisions 6, clauses (1), (2), and (3), and 7; or ~~626.556~~ chapter 626B, or when a teacher 
53.30 	or administrator is suspended without an investigation under section 122A.41, subdivisions 
53.31 	6, paragraph (a), clauses (1), (2), and (3), and 7~~;~~, or ~~626.556~~ chapter 626B. The report must 
53.32 	be made to the appropriate licensing board within ten days after the discharge, suspension, 
54.1 	or resignation has occurred. The licensing board to which the report is made must investigate 
54.2 	the report for violation of subdivision 1 and the reporting board must cooperate in the 
54.3 	investigation. Notwithstanding any provision in chapter 13 or any law to the contrary, upon 
54.4 	written request from the licensing board having jurisdiction over the license, a board or 
54.5 	school superintendent shall provide the licensing board with information about the teacher 
54.6 	or administrator from the district's files, any termination or disciplinary proceeding, any 
54.7 	settlement or compromise, or any investigative file. Upon written request from the appropriate 
54.8 	licensing board, a board or school superintendent may, at the discretion of the board or 
54.9 	school superintendent, solicit the written consent of a student and the student's parent to 
54.10 	provide the licensing board with information that may aid the licensing board in its 
54.11 	investigation and license proceedings. The licensing board's request need not identify a 
54.12 	student or parent by name. The consent of the student and the student's parent must meet 
54.13 	the requirements of chapter 13 and Code of Federal Regulations, title 34, section 99.30. 
54.14 	The licensing board may provide a consent form to the district. Any data transmitted to any 
54.15 	board under this section is private data under section 13.02, subdivision 12, notwithstanding 
54.16 	any other classification of the data when it was in the possession of any other agency.
54.17 	(b) The licensing board to which a report is made must transmit to the Attorney General's 
54.18 	Office any record or data it receives under this subdivision for the sole purpose of having 
54.19 	the Attorney General's Office assist that board in its investigation. When the Attorney 
54.20 	General's Office has informed an employee of the appropriate licensing board in writing 
54.21 	that grounds exist to suspend or revoke a teacher's license to teach, that licensing board 
54.22 	must consider suspending or revoking or decline to suspend or revoke the teacher's or 
54.23 	administrator's license within 45 days of receiving a stipulation executed by the teacher or 
54.24 	administrator under investigation or a recommendation from an administrative law judge 
54.25 	that disciplinary action be taken.
54.26 	(c) The Professional Educator Licensing and Standards Board and Board of School 
54.27 	Administrators must report to the appropriate law enforcement authorities a revocation, 
54.28 	suspension, or agreement involving a loss of license, relating to a teacher or administrator's 
54.29 	inappropriate sexual conduct with a minor. For purposes of this section, "law enforcement 
54.30 	authority" means a police department, county sheriff, or tribal police department. A report 
54.31 	by the Professional Educator Licensing and Standards Board to appropriate law enforcement 
54.32 	authorities does not diminish, modify, or otherwise affect the responsibilities of a school 
54.33 	board or any person mandated to report abuse under ~~section 626.556~~ chapter 626B.

55.1 	Sec. 15. Minnesota Statutes 2017 Supplement, section 122A.40, subdivision 13, is amended 
55.2 	to read:
55.3 		Subd. 13.Immediate discharge. (a) Except as otherwise provided in paragraph (b), a 
55.4 	board may discharge a continuing-contract teacher, effective immediately, upon any of the 
55.5 	following grounds:
55.6 	(1) immoral conduct, insubordination, or conviction of a felony;
55.7 	(2) conduct unbecoming a teacher which requires the immediate removal of the teacher 
55.8 	from classroom or other duties;
55.9 	(3) failure without justifiable cause to teach without first securing the written release of 
55.10 	the school board;
55.11 	(4) gross inefficiency which the teacher has failed to correct after reasonable written 
55.12 	notice;
55.13 	(5) willful neglect of duty; or
55.14 	(6) continuing physical or mental disability subsequent to a 12 months leave of absence 
55.15 	and inability to qualify for reinstatement in accordance with subdivision 12.
55.16 	For purposes of this paragraph, conduct unbecoming a teacher includes an unfair 
55.17 	discriminatory practice described in section 363A.13.
55.18 	Prior to discharging a teacher under this paragraph, the board must notify the teacher in 
55.19 	writing and state its ground for the proposed discharge in reasonable detail. Within ten days 
55.20 	after receipt of this notification the teacher may make a written request for a hearing before 
55.21 	the board and it shall be granted before final action is taken. The board may suspend a 
55.22 	teacher with pay pending the conclusion of the hearing and determination of the issues 
55.23 	raised in the hearing after charges have been filed which constitute ground for discharge. 
55.24 	If a teacher has been charged with a felony and the underlying conduct that is the subject 
55.25 	of the felony charge is a ground for a proposed immediate discharge, the suspension pending 
55.26 	the conclusion of the hearing and determination of the issues may be without pay. If a 
55.27 	hearing under this paragraph is held, the board must reimburse the teacher for any salary 
55.28 	or compensation withheld if the final decision of the board or the arbitrator does not result 
55.29 	in a penalty to or suspension, termination, or discharge of the teacher.
55.30 	(b) A board must discharge a continuing-contract teacher, effective immediately, upon 
55.31 	receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's 
55.32 	license has been revoked due to a conviction for child abuse, as defined in section 609.185; 
55.33 	sex trafficking in the first degree under section 609.322, subdivision 1; sex trafficking in 
56.1 	the second degree under section 609.322, subdivision 1a; engaging in hiring or agreeing to 
56.2 	hire a minor to engage in prostitution under section 609.324, subdivision 1; sexual abuse 
56.3 	under section 609.342, 609.343, 609.344, 609.345, 609.3451, subdivision 3, or 617.23, 
56.4 	subdivision 3; solicitation of children to engage in sexual conduct or communication of 
56.5 	sexually explicit materials to children under section 609.352; interference with privacy 
56.6 	under section 609.746 or stalking under section 609.749 and the victim was a minor; using 
56.7 	minors in a sexual performance under section 617.246; possessing pornographic works 
56.8 	involving a minor under section 617.247; or any other offense not listed in this paragraph 
56.9 	that requires the person to register as a predatory offender under section 243.166, or a crime 
56.10 	under a similar law of another state or the United States.
56.11 	(c) When a teacher is discharged under paragraph (b) or when the commissioner makes 
56.12 	a final determination of child maltreatment involving a teacher under section ~~626.556,~~ 
56.13 	~~subdivision 11~~ 626B.14, subdivisions 1, paragraphs (g) and (h), and 3, the school principal 
56.14 	or other person having administrative control of the school must include in the teacher's 
56.15 	employment record the information contained in the record of the disciplinary action or the 
56.16 	final maltreatment determination, consistent with the definition of public data under section 
56.17 	13.41, subdivision 5, and must provide the Professional Educator Licensing and Standards 
56.18 	Board and the licensing division at the department with the necessary and relevant 
56.19 	information to enable the Professional Educator Licensing and Standards Board and the 
56.20 	department's licensing division to fulfill their statutory and administrative duties related to 
56.21 	issuing, renewing, suspending, or revoking a teacher's license. Information received by the 
56.22 	Professional Educator Licensing and Standards Board or the licensing division at the 
56.23 	department under this paragraph is governed by section 13.41 or other applicable law 
56.24 	governing data of the receiving entity. In addition to the background check required under 
56.25 	section 123B.03, a school board or other school hiring authority must contact the Professional 
56.26 	Educator Licensing and Standards Board and the department to determine whether the 
56.27 	teacher's license has been suspended or revoked, consistent with the discharge and final 
56.28 	maltreatment determinations identified in this paragraph. Unless restricted by federal or 
56.29 	state data practices law or by the terms of a collective bargaining agreement, the responsible 
56.30 	authority for a school district must disseminate to another school district private personnel 
56.31 	data on a current or former teacher employee or contractor of the district, including the 
56.32 	results of background investigations, if the requesting school district seeks the information 
56.33 	because the subject of the data has applied for employment with the requesting school 
56.34 	district.

57.1 	Sec. 16. Minnesota Statutes 2017 Supplement, section 122A.41, subdivision 6, is amended 
57.2 	to read:
57.3 		Subd. 6.Grounds for discharge or demotion. (a) Except as otherwise provided in 
57.4 	paragraph (b), causes for the discharge or demotion of a teacher either during or after the 
57.5 	probationary period must be:
57.6 	(1) immoral character, conduct unbecoming a teacher, or insubordination;
57.7 	(2) failure without justifiable cause to teach without first securing the written release of 
57.8 	the school board having the care, management, or control of the school in which the teacher 
57.9 	is employed;
57.10 	(3) inefficiency in teaching or in the management of a school, consistent with subdivision 
57.11 	5, paragraph (b);
57.12 	(4) affliction with a communicable disease must be considered as cause for removal or 
57.13 	suspension while the teacher is suffering from such disability; or
57.14 	(5) discontinuance of position or lack of pupils.
57.15 	For purposes of this paragraph, conduct unbecoming a teacher includes an unfair 
57.16 	discriminatory practice described in section 363A.13.
57.17 	(b) A probationary or continuing-contract teacher must be discharged immediately upon 
57.18 	receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's 
57.19 	license has been revoked due to a conviction for child abuse, as defined in section 609.185; 
57.20 	sex trafficking in the first degree under section 609.322, subdivision 1; sex trafficking in 
57.21 	the second degree under section 609.322, subdivision 1a; engaging in hiring or agreeing to 
57.22 	hire a minor to engage in prostitution under section 609.324, subdivision 1; sexual abuse 
57.23 	under section 609.342, 609.343, 609.344, 609.345, 609.3451, subdivision 3, or 617.23, 
57.24 	subdivision 3; solicitation of children to engage in sexual conduct or communication of 
57.25 	sexually explicit materials to children under section 609.352; interference with privacy 
57.26 	under section 609.746 or stalking under section 609.749 and the victim was a minor; using 
57.27 	minors in a sexual performance under section 617.246; possessing pornographic works 
57.28 	involving a minor under section 617.247; or any other offense not listed in this paragraph 
57.29 	that requires the person to register as a predatory offender under section 243.166, or a crime 
57.30 	under a similar law of another state or the United States.
57.31 	(c) When a teacher is discharged under paragraph (b) or when the commissioner makes 
57.32 	a final determination of child maltreatment involving a teacher under section ~~626.556,~~ 
57.33 	~~subdivision 11~~ 626B.14, subdivisions 1, paragraphs (g) and (h), and 3, the school principal 
58.1 	or other person having administrative control of the school must include in the teacher's 
58.2 	employment record the information contained in the record of the disciplinary action or the 
58.3 	final maltreatment determination, consistent with the definition of public data under section 
58.4 	13.41, subdivision 5, and must provide the Professional Educator Licensing and Standards 
58.5 	Board and the licensing division at the department with the necessary and relevant 
58.6 	information to enable the Professional Educator Licensing and Standards Board and the 
58.7 	department's licensing division to fulfill their statutory and administrative duties related to 
58.8 	issuing, renewing, suspending, or revoking a teacher's license. Information received by the 
58.9 	Professional Educator Licensing and Standards Board or the licensing division at the 
58.10 	department under this paragraph is governed by section 13.41 or other applicable law 
58.11 	governing data of the receiving entity. In addition to the background check required under 
58.12 	section 123B.03, a school board or other school hiring authority must contact the Professional 
58.13 	Educator Licensing and Standards Board and the department to determine whether the 
58.14 	teacher's license has been suspended or revoked, consistent with the discharge and final 
58.15 	maltreatment determinations identified in this paragraph. Unless restricted by federal or 
58.16 	state data practices law or by the terms of a collective bargaining agreement, the responsible 
58.17 	authority for a school district must disseminate to another school district private personnel 
58.18 	data on a current or former teacher employee or contractor of the district, including the 
58.19 	results of background investigations, if the requesting school district seeks the information 
58.20 	because the subject of the data has applied for employment with the requesting school 
58.21 	district.

58.22 	Sec. 17. Minnesota Statutes 2016, section 125A.0942, subdivision 4, is amended to read:
58.23 		Subd. 4.Prohibitions. The following actions or procedures are prohibited:
58.24 	(1) engaging in conduct prohibited under section 121A.58;
58.25 	(2) requiring a child to assume and maintain a specified physical position, activity, or 
58.26 	posture that induces physical pain;
58.27 	(3) totally or partially restricting a child's senses as punishment;
58.28 	(4) presenting an intense sound, light, or other sensory stimuli using smell, taste, 
58.29 	substance, or spray as punishment;
58.30 	(5) denying or restricting a child's access to equipment and devices such as walkers, 
58.31 	wheelchairs, hearing aids, and communication boards that facilitate the child's functioning, 
58.32 	except when temporarily removing the equipment or device is needed to prevent injury to 
59.1 	the child or others or serious damage to the equipment or device, in which case the equipment 
59.2 	or device shall be returned to the child as soon as possible;
59.3 	(6) interacting with a child in a manner that constitutes sexual abuse, neglect, or physical 
59.4 	abuse under ~~section 626.556~~ chapter 626B;
59.5 	(7) withholding regularly scheduled meals or water;
59.6 	(8) denying access to bathroom facilities;
59.7 	(9) physical holding that restricts or impairs a child's ability to breathe, restricts or impairs 
59.8 	a child's ability to communicate distress, places pressure or weight on a child's head, throat, 
59.9 	neck, chest, lungs, sternum, diaphragm, back, or abdomen, or results in straddling a child's 
59.10 	torso; and
59.11 	(10) prone restraint.

59.12 	Sec. 18. Minnesota Statutes 2016, section 135A.15, subdivision 10, is amended to read:
59.13 		Subd. 10.Applicability of other laws. This section does not exempt mandatory reporters 
59.14 	from the requirements of section ~~626.556 or~~626.557or chapter 626B governing the reporting 
59.15 	of maltreatment of minors or vulnerable adults. Nothing in this section limits the authority 
59.16 	of an institution to comply with other applicable state or federal laws related to investigations 
59.17 	or reports of sexual harassment, sexual violence, or sexual assault.

59.18 	Sec. 19. Minnesota Statutes 2016, section 144.225, subdivision 2b, is amended to read:
59.19 		Subd. 2b.Commissioner of health; duties. Notwithstanding the designation of certain 
59.20 	of this data as confidential under subdivision 2 or private under subdivision 2a, the 
59.21 	commissioner shall give the commissioner of human services access to birth record data 
59.22 	and data contained in recognitions of parentage prepared according to section 257.75
59.23 	necessary to enable the commissioner of human services to identify a child who is subject 
59.24 	to threatened injury, as defined in section ~~626.556, subdivision 2, paragraph (p)~~ 626B.02, 
59.25 	subdivision 20, by a person responsible for the child's care, as defined in section ~~626.556,~~ 
59.26 	~~subdivision 2, paragraph (j)~~ 626B.02, subdivision 15, clause (1). The commissioner shall 
59.27 	be given access to all data included on official birth records.

59.28 	Sec. 20. Minnesota Statutes 2016, section 144.343, subdivision 4, is amended to read:
59.29 		Subd. 4.Limitations. No notice shall be required under this section if:
60.1 	(a) The attending physician certifies in the pregnant woman's medical record that the 
60.2 	abortion is necessary to prevent the woman's death and there is insufficient time to provide 
60.3 	the required notice; or
60.4 	(b) The abortion is authorized in writing by the person or persons who are entitled to 
60.5 	notice; or
60.6 	(c) The pregnant minor woman declares that she is a victim of sexual abuse, neglect, or 
60.7 	physical abuse as defined in ~~section 626.556~~ chapter 626B. Notice of that declaration shall 
60.8 	be made to the proper authorities as provided in section ~~626.556, subdivision 3~~ 626B.03, 
60.9 	subdivisions 1 and 2.

60.10 	Sec. 21. Minnesota Statutes 2016, section 144.7065, subdivision 10, is amended to read:
60.11 		Subd. 10.Relation to other law; data classification. (a) Adverse health events described 
60.12 	in subdivisions 2 to 6 do not constitute "maltreatment," "neglect," or "a physical injury that 
60.13 	is not reasonably explained" under section ~~626.556 or~~626.557 or chapter 626B and are 
60.14 	excluded from the reporting requirements of ~~sections 626.556 and~~ section 626.557 and 
60.15 	chapter 626B, provided the facility makes a determination within 24 hours of the discovery 
60.16 	of the event that this section is applicable and the facility files the reports required under 
60.17 	this section in a timely fashion.
60.18 	(b) A facility that has determined that an event described in subdivisions 2 to 6 has 
60.19 	occurred must inform persons who are mandated reporters under section ~~626.556, subdivision~~ 
60.20 	~~3, or~~626.5572, subdivision 16, or 626B.03, of that determination. A mandated reporter 
60.21 	otherwise required to report under section ~~626.556, subdivision 3, or~~626.557, subdivision 
60.22 	3, paragraph (e), or 626B.03, is relieved of the duty to report an event that the facility 
60.23 	determines under paragraph (a) to be reportable under subdivisions 2 to 6.
60.24 	(c) The protections and immunities applicable to voluntary reports under ~~sections 626.556~~
60.25 	~~and~~ section626.557and chapter 626B are not affected by this section.
60.26 	(d) Notwithstanding section ~~626.556,~~626.557, chapter 626B, or any other provision of 
60.27 	Minnesota statute or rule to the contrary, a lead agency under section ~~626.556, subdivision~~ 
60.28 	~~3c~~ 626B.06, a lead investigative agency under section 626.5572, subdivision 13, the 
60.29 	commissioner of health, or the director of the Office of Health Facility Complaints is not 
60.30 	required to conduct an investigation of or obtain or create investigative data or reports 
60.31 	regarding an event described in subdivisions 2 to 6. If the facility satisfies the requirements 
60.32 	described in paragraph (a), the review or investigation shall be conducted and data or reports 
60.33 	shall be obtained or created only under sections 144.706 to 144.7069, except as permitted 
61.1 	or required under sections 144.50 to 144.564, or as necessary to carry out the state's 
61.2 	certification responsibility under the provisions of sections 1864 and 1867 of the Social 
61.3 	Security Act. If a licensed health care provider reports an event to the facility required to 
61.4 	be reported under subdivisions 2 to 6 in a timely manner, the provider's licensing board is 
61.5 	not required to conduct an investigation of or obtain or create investigative data or reports 
61.6 	regarding the individual reporting of the events described in subdivisions 2 to 6.
61.7 	(e) Data contained in the following records are nonpublic and, to the extent they contain 
61.8 	data on individuals, confidential data on individuals, as defined in section 13.02:
61.9 	(1) reports provided to the commissioner under sections 147.155, 147A.155, 148.267, 
61.10 	151.301, and 153.255;
61.11 	(2) event reports, findings of root cause analyses, and corrective action plans filed by a 
61.12 	facility under this section; and
61.13 	(3) records created or obtained by the commissioner in reviewing or investigating the 
61.14 	reports, findings, and plans described in clause (2).
61.15 	For purposes of the nonpublic data classification contained in this paragraph, the reporting 
61.16 	facility shall be deemed the subject of the data.

61.17 	Sec. 22. Minnesota Statutes 2016, section 144.7068, is amended to read:
61.18 	144.7068 REPORTS FROM LICENSING BOARDS.
61.19 	(a) Effective upon full implementation of the adverse health care events reporting system, 
61.20 	the records maintained under sections 147.155, 147A.155, 148.267, 151.301, and 153.255, 
61.21 	shall be reported to the commissioner on the schedule established in those sections.
61.22 	(b) The commissioner shall forward these reports to the facility named in the report.
61.23 	(c) The facility shall determine whether the event has been previously reported under 
61.24 	section 144.7065. The facility shall notify the commissioner whether the event has been 
61.25 	reported previously. If the event has not been previously reported, the facility shall make a 
61.26 	determination whether the event was reportable under section 144.7065. If the facility 
61.27 	determines the event was reportable, the date of discovery of the event for the purposes of 
61.28 	section 144.7065, subdivision 10, paragraph (d), shall be as follows:
61.29 	(1) if the commissioner determines that the facility knew or reasonably should have 
61.30 	known about the occurrence of the event, the date the event occurred shall be the date of 
61.31 	discovery. The facility shall be considered out of compliance with the reporting act, and 
61.32 	the event shall be subject to ~~sections 626.556 and~~ section626.557 and chapter 626B; or
62.1 	(2) if the commissioner determines that the facility did not know about the occurrence 
62.2 	of the event, the date the facility receives the report from the commissioner shall serve as 
62.3 	the date of discovery.
62.4 	If the facility determines that the event was not reportable under section 144.7065, the 
62.5 	facility shall notify the commissioner of that determination.

62.6 	Sec. 23. Minnesota Statutes 2016, section 144A.472, subdivision 1, is amended to read:
62.7 		Subdivision 1.License applications. Each application for a home care provider license 
62.8 	must include information sufficient to show that the applicant meets the requirements of 
62.9 	licensure, including:
62.10 	(1) the applicant's name, e-mail address, physical address, and mailing address, including 
62.11 	the name of the county in which the applicant resides and has a principal place of business;
62.12 	(2) the initial license fee in the amount specified in subdivision 7;
62.13 	(3) the e-mail address, physical address, mailing address, and telephone number of the 
62.14 	principal administrative office;
62.15 	(4) the e-mail address, physical address, mailing address, and telephone number of each 
62.16 	branch office, if any;
62.17 	(5) the names, e-mail and mailing addresses, and telephone numbers of all owners and 
62.18 	managerial officials;
62.19 	(6) documentation of compliance with the background study requirements of section 
62.20 	144A.476 for all persons involved in the management, operation, or control of the home 
62.21 	care provider;
62.22 	(7) documentation of a background study as required by section 144.057 for any 
62.23 	individual seeking employment, paid or volunteer, with the home care provider;
62.24 	(8) evidence of workers' compensation coverage as required by sections 176.181 and 
62.25 	176.182;
62.26 	(9) documentation of liability coverage, if the provider has it;
62.27 	(10) identification of the license level the provider is seeking;
62.28 	(11) documentation that identifies the managerial official who is in charge of day-to-day 
62.29 	operations and attestation that the person has reviewed and understands the home care 
62.30 	provider regulations;
63.1 	(12) documentation that the applicant has designated one or more owners, managerial 
63.2 	officials, or employees as an agent or agents, which shall not affect the legal responsibility 
63.3 	of any other owner or managerial official under this chapter;
63.4 	(13) the signature of the officer or managing agent on behalf of an entity, corporation, 
63.5 	association, or unit of government;
63.6 	(14) verification that the applicant has the following policies and procedures in place so 
63.7 	that if a license is issued, the applicant will implement the policies and procedures and keep 
63.8 	them current:
63.9 	(i) requirements in ~~sections 626.556~~ chapter 626B, reporting of maltreatment of minors, 
63.10 	and section 626.557, reporting of maltreatment of vulnerable adults;
63.11 	(ii) conducting and handling background studies on employees;
63.12 	(iii) orientation, training, and competency evaluations of home care staff, and a process 
63.13 	for evaluating staff performance;
63.14 	(iv) handling complaints from clients, family members, or client representatives regarding 
63.15 	staff or services provided by staff;
63.16 	(v) conducting initial evaluation of clients' needs and the providers' ability to provide 
63.17 	those services;
63.18 	(vi) conducting initial and ongoing client evaluations and assessments and how changes 
63.19 	in a client's condition are identified, managed, and communicated to staff and other health 
63.20 	care providers as appropriate;
63.21 	(vii) orientation to and implementation of the home care client bill of rights;
63.22 	(viii) infection control practices;
63.23 	(ix) reminders for medications, treatments, or exercises, if provided; and
63.24 	(x) conducting appropriate screenings, or documentation of prior screenings, to show 
63.25 	that staff are free of tuberculosis, consistent with current United States Centers for Disease 
63.26 	Control and Prevention standards; and
63.27 	(15) other information required by the department.

63.28 	Sec. 24. Minnesota Statutes 2016, section 144A.479, subdivision 6, is amended to read:
63.29 		Subd. 6.Reporting maltreatment of vulnerable adults and minors. (a) All home care 
63.30 	providers must comply with requirements for the reporting of maltreatment of minors in 
63.31 	~~section 626.556~~ chapter 626B and the requirements for the reporting of maltreatment of 
64.1 	vulnerable adults in section 626.557. Each home care provider must establish and implement 
64.2 	a written procedure to ensure that all cases of suspected maltreatment are reported.
64.3 	(b) Each home care provider must develop and implement an individual abuse prevention 
64.4 	plan for each vulnerable minor or adult for whom home care services are provided by a 
64.5 	home care provider. The plan shall contain an individualized review or assessment of the 
64.6 	person's susceptibility to abuse by another individual, including other vulnerable adults or 
64.7 	minors; the person's risk of abusing other vulnerable adults or minors; and statements of 
64.8 	the specific measures to be taken to minimize the risk of abuse to that person and other 
64.9 	vulnerable adults or minors. For purposes of the abuse prevention plan, the term abuse 
64.10 	includes self-abuse.

64.11 	Sec. 25. Minnesota Statutes 2017 Supplement, section 144A.4796, subdivision 2, is 
64.12 	amended to read:
64.13 		Subd. 2.Content. (a) The orientation must contain the following topics:
64.14 	(1) an overview of sections 144A.43 to 144A.4798;
64.15 	(2) introduction and review of all the provider's policies and procedures related to the 
64.16 	provision of home care services;
64.17 	(3) handling of emergencies and use of emergency services;
64.18 	(4) compliance with and reporting of the maltreatment of minors or vulnerable adults 
64.19 	under ~~sections 626.556 and~~ section626.557 and chapter 626B;
64.20 	(5) home care bill of rights under section 144A.44;
64.21 	(6) handling of clients' complaints, reporting of complaints, and where to report 
64.22 	complaints including information on the Office of Health Facility Complaints and the 
64.23 	Common Entry Point;
64.24 	(7) consumer advocacy services of the Office of Ombudsman for Long-Term Care, 
64.25 	Office of Ombudsman for Mental Health and Developmental Disabilities, Managed Care 
64.26 	Ombudsman at the Department of Human Services, county managed care advocates, or 
64.27 	other relevant advocacy services; and
64.28 	(8) review of the types of home care services the employee will be providing and the 
64.29 	provider's scope of licensure.
64.30 	(b) In addition to the topics listed in paragraph (a), orientation may also contain training 
64.31 	on providing services to clients with hearing loss. Any training on hearing loss provided 
65.1 	under this subdivision must be high quality and research-based, may include online training, 
65.2 	and must include training on one or more of the following topics:
65.3 	(1) an explanation of age-related hearing loss and how it manifests itself, its prevalence, 
65.4 	and challenges it poses to communication;
65.5 	(2) health impacts related to untreated age-related hearing loss, such as increased 
65.6 	incidence of dementia, falls, hospitalizations, isolation, and depression; or
65.7 	(3) information about strategies and technology that may enhance communication and 
65.8 	involvement, including communication strategies, assistive listening devices, hearing aids, 
65.9 	visual and tactile alerting devices, communication access in real time, and closed captions.

65.10 	Sec. 26. Minnesota Statutes 2017 Supplement, section 144A.4796, subdivision 6, is 
65.11 	amended to read:
65.12 		Subd. 6.Required annual training. (a) All staff that perform direct home care services 
65.13 	must complete at least eight hours of annual training for each 12 months of employment. 
65.14 	The training may be obtained from the home care provider or another source and must 
65.15 	include topics relevant to the provision of home care services. The annual training must 
65.16 	include:
65.17 	(1) training on reporting of maltreatment of minors under ~~section 626.556~~ chapter 626B
65.18 	and maltreatment of vulnerable adults under section 626.557, whichever is applicable to 
65.19 	the services provided;
65.20 	(2) review of the home care bill of rights in section 144A.44;
65.21 	(3) review of infection control techniques used in the home and implementation of 
65.22 	infection control standards including a review of hand-washing techniques; the need for 
65.23 	and use of protective gloves, gowns, and masks; appropriate disposal of contaminated 
65.24 	materials and equipment, such as dressings, needles, syringes, and razor blades; disinfecting 
65.25 	reusable equipment; disinfecting environmental surfaces; and reporting of communicable 
65.26 	diseases; and
65.27 	(4) review of the provider's policies and procedures relating to the provision of home 
65.28 	care services and how to implement those policies and procedures.
65.29 	(b) In addition to the topics listed in paragraph (a), annual training may also contain 
65.30 	training on providing services to clients with hearing loss. Any training on hearing loss 
65.31 	provided under this subdivision must be high quality and research-based, may include online 
65.32 	training, and must include training on one or more of the following topics:
66.1 	(1) an explanation of age-related hearing loss and how it manifests itself, its prevalence, 
66.2 	and challenges it poses to communication;
66.3 	(2) health impacts related to untreated age-related hearing loss, such as increased 
66.4 	incidence of dementia, falls, hospitalizations, isolation, and depression; or
66.5 	(3) information about strategies and technology that may enhance communication and 
66.6 	involvement, including communication strategies, assistive listening devices, hearing aids, 
66.7 	visual and tactile alerting devices, communication access in real time, and closed captions.

66.8 	Sec. 27. Minnesota Statutes 2017 Supplement, section 144H.16, subdivision 1, is amended 
66.9 	to read:
66.10 		Subdivision 1.Reporting of maltreatment of minors. A PPEC center must develop 
66.11 	policies and procedures for reporting suspected child maltreatment that fulfill the 
66.12 	requirements of ~~section 626.556~~ chapter 626B. The policies and procedures must include 
66.13 	the telephone numbers of the local county child protection agency for reporting suspected 
66.14 	maltreatment. The policies and procedures specified in this subdivision must be provided 
66.15 	to the parents or guardians of all children at the time of admission to the PPEC center and 
66.16 	must be available upon request.

66.17 	Sec. 28. Minnesota Statutes 2017 Supplement, section 144H.18, subdivision 3, is amended 
66.18 	to read:
66.19 		Subd. 3.Fines for violations of other statutes. The commissioner shall impose a fine 
66.20 	of $250 on a PPEC center, employee, or contractor for each violation by that PPEC center, 
66.21 	employee, or contractor of section 144H.16, subdivision 2, or ~~626.556~~ chapter 626B.

66.22 	Sec. 29. Minnesota Statutes 2016, section 145.902, subdivision 3, is amended to read:
66.23 		Subd. 3.Immunity. (a) A safe place with responsibility for performing duties under 
66.24 	this section, and any employee, doctor, ambulance personnel, or other medical professional 
66.25 	working at the safe place, are immune from any criminal liability that otherwise might result 
66.26 	from their actions, if they are acting in good faith in receiving a newborn, and are immune 
66.27 	from any civil liability that otherwise might result from merely receiving a newborn.
66.28 	(b) A safe place performing duties under this section, or an employee, doctor, ambulance 
66.29 	personnel, or other medical professional working at the safe place who is a mandated reporter 
66.30 	under ~~section 626.556~~ chapter 626B, is immune from any criminal or civil liability that 
66.31 	otherwise might result from the failure to make a report under that section if the person is 
66.32 	acting in good faith in complying with this section.

67.1 	Sec. 30. Minnesota Statutes 2016, section 145.952, subdivision 2, is amended to read:
67.2 		Subd. 2.Abuse. "Abuse" means physical abuse, sexual abuse, neglect, mental injury, 
67.3 	and threatened injury, as those terms are defined in section ~~626.556, subdivision 2~~ 626B.02.

67.4 	Sec. 31. Minnesota Statutes 2016, section 146A.025, is amended to read:
67.5 	146A.025 MALTREATMENT OF MINORS.
67.6 	Nothing in this chapter shall restrict the ability of a local welfare agency, local law 
67.7 	enforcement agency, the commissioner of human services, or the state to take action regarding 
67.8 	the maltreatment of minors under section 609.378 or ~~626.556~~ chapter 626B. A parent who 
67.9 	obtains complementary and alternative health care for the parent's minor child is not relieved 
67.10 	of the duty to seek necessary medical care consistent with the requirements of ~~sections~~
67.11 	section609.378 and ~~626.556~~ chapter 626B. A complementary or alternative health care 
67.12 	practitioner who is providing services to a child who is not receiving necessary medical 
67.13 	care must make a report under ~~section 626.556~~ chapter 626B. A complementary or alternative 
67.14 	health care provider is a mandated reporter under section ~~626.556, subdivision 3~~ 626B.03.

67.15 	Sec. 32. Minnesota Statutes 2016, section 148B.593, is amended to read:
67.16 	148B.593 DISCLOSURE OF INFORMATION.
67.17 	(a) A person licensed under sections 148B.50 to 148B.593 may not disclose without 
67.18 	written consent of the client any communication made by the client to the licensee in the 
67.19 	course of the practice of professional counseling, nor may any employee of the licensee 
67.20 	reveal the information without the consent of the employer or client except as provided 
67.21 	under section ~~626.556 or~~626.557 or chapter 626B.
67.22 	(b) For purposes of sections 148B.50 to 148B.593, the confidential relations and 
67.23 	communications between the licensee and a client are placed upon the same basis as those 
67.24 	that exist between a licensed psychologist and client. Nothing in sections 148B.50 to 
67.25 	148B.593 may be construed to require any communications to be disclosed except by court 
67.26 	order.

67.27 	Sec. 33. Minnesota Statutes 2016, section 148E.240, subdivision 7, is amended to read:
67.28 		Subd. 7.Reporting maltreatment of minors. An applicant or licensee must comply 
67.29 	with the reporting of maltreatment of minors established by ~~section 626.556~~ chapter 626B.

68.1 	Sec. 34. Minnesota Statutes 2016, section 148F.13, subdivision 12, is amended to read:
68.2 		Subd. 12.Abuse or neglect of minors or vulnerable adults. An applicant or licensee 
68.3 	must comply with the reporting of maltreatment of minors established in ~~section 626.556~~
68.4 	chapter 626B and the reporting of maltreatment of vulnerable adults established in section 
68.5 	626.557.

68.6 	Sec. 35. Minnesota Statutes 2016, section 148F.205, subdivision 1, is amended to read:
68.7 		Subdivision 1.Mandatory reporting requirements. A provider is required to file a 
68.8 	complaint when the provider knows or has reason to believe that another provider:
68.9 	(1) is unable to practice with reasonable skill and safety as a result of a physical or mental 
68.10 	illness or condition, including, but not limited to, substance abuse or dependence, except 
68.11 	that this mandated reporting requirement is deemed fulfilled by a report made to the Health 
68.12 	Professionals Services Program (HPSP) as provided by section 214.33, subdivision 1;
68.13 	(2) is engaging in or has engaged in sexual behavior with a client or former client in 
68.14 	violation of section 148F.165, subdivision 6 or 7;
68.15 	(3) has failed to report abuse or neglect of children or vulnerable adults in violation of 
68.16 	section ~~626.556 or~~626.557 or chapter 626B; or
68.17 	(4) has employed fraud or deception in obtaining or renewing an alcohol and drug 
68.18 	counseling license.

68.19 	Sec. 36. Minnesota Statutes 2016, section 153B.70, is amended to read:
68.20 	153B.70 GROUNDS FOR DISCIPLINARY ACTION.
68.21 	(a) The board may refuse to issue or renew a license, revoke or suspend a license, or 
68.22 	place on probation or reprimand a licensee for one or any combination of the following:
68.23 	(1) making a material misstatement in furnishing information to the board;
68.24 	(2) violating or intentionally disregarding the requirements of this chapter;
68.25 	(3) conviction of a crime, including a finding or verdict of guilt, an admission of guilt, 
68.26 	or a no-contest plea, in this state or elsewhere, reasonably related to the practice of the 
68.27 	profession. Conviction, as used in this clause, includes a conviction of an offense which, if 
68.28 	committed in this state, would be deemed a felony, gross misdemeanor, or misdemeanor, 
68.29 	without regard to its designation elsewhere, or a criminal proceeding where a finding or 
68.30 	verdict of guilty is made or returned but the adjudication of guilt is either withheld or not 
68.31 	entered;
69.1 	(4) making a misrepresentation in order to obtain or renew a license;
69.2 	(5) displaying a pattern of practice or other behavior that demonstrates incapacity or 
69.3 	incompetence to practice;
69.4 	(6) aiding or assisting another person in violating the provisions of this chapter;
69.5 	(7) failing to provide information within 60 days in response to a written request from 
69.6 	the board, including documentation of completion of continuing education requirements;
69.7 	(8) engaging in dishonorable, unethical, or unprofessional conduct;
69.8 	(9) engaging in conduct of a character likely to deceive, defraud, or harm the public;
69.9 	(10) inability to practice due to habitual intoxication, addiction to drugs, or mental or 
69.10 	physical illness;
69.11 	(11) being disciplined by another state or territory of the United States, the federal 
69.12 	government, a national certification organization, or foreign nation, if at least one of the 
69.13 	grounds for the discipline is the same or substantially equivalent to one of the grounds in 
69.14 	this section;
69.15 	(12) directly or indirectly giving to or receiving from a person, firm, corporation, 
69.16 	partnership, or association a fee, commission, rebate, or other form of compensation for 
69.17 	professional services not actually or personally rendered;
69.18 	(13) incurring a finding by the board that the licensee, after the licensee has been placed 
69.19 	on probationary status, has violated the conditions of the probation;
69.20 	(14) abandoning a patient or client;
69.21 	(15) willfully making or filing false records or reports in the course of the licensee's 
69.22 	practice including, but not limited to, false records or reports filed with state or federal 
69.23 	agencies;
69.24 	(16) willfully failing to report child maltreatment as required under the Maltreatment of 
69.25 	Minors Act, ~~section 626.556~~ chapter 626B; or
69.26 	(17) soliciting professional services using false or misleading advertising.
69.27 	(b) A license to practice is automatically suspended if (1) a guardian of a licensee is 
69.28 	appointed by order of a court pursuant to sections 524.5-101 to 524.5-502, for reasons other 
69.29 	than the minority of the licensee, or (2) the licensee is committed by order of a court pursuant 
69.30 	to chapter 253B. The license remains suspended until the licensee is restored to capacity 
69.31 	by a court and, upon petition by the licensee, the suspension is terminated by the board after 
70.1 	a hearing. The licensee may be reinstated to practice, either with or without restrictions, by 
70.2 	demonstrating clear and convincing evidence of rehabilitation. The regulated person is not 
70.3 	required to prove rehabilitation if the subsequent court decision overturns previous court 
70.4 	findings of public risk.
70.5 	(c) If the board has probable cause to believe that a licensee or applicant has violated 
70.6 	paragraph (a), clause (10), it may direct the person to submit to a mental or physical 
70.7 	examination. For the purpose of this section, every person is deemed to have consented to 
70.8 	submit to a mental or physical examination when directed in writing by the board and to 
70.9 	have waived all objections to the admissibility of the examining physician's testimony or 
70.10 	examination report on the grounds that the testimony or report constitutes a privileged 
70.11 	communication. Failure of a regulated person to submit to an examination when directed 
70.12 	constitutes an admission of the allegations against the person, unless the failure was due to 
70.13 	circumstances beyond the person's control, in which case a default and final order may be 
70.14 	entered without the taking of testimony or presentation of evidence. A regulated person 
70.15 	affected under this paragraph shall at reasonable intervals be given an opportunity to 
70.16 	demonstrate that the person can resume the competent practice of the regulated profession 
70.17 	with reasonable skill and safety to the public. In any proceeding under this paragraph, neither 
70.18 	the record of proceedings nor the orders entered by the board shall be used against a regulated 
70.19 	person in any other proceeding.
70.20 	(d) In addition to ordering a physical or mental examination, the board may, 
70.21 	notwithstanding section 13.384 or 144.293, or any other law limiting access to medical or 
70.22 	other health data, obtain medical data and health records relating to a licensee or applicant 
70.23 	without the person's or applicant's consent if the board has probable cause to believe that a 
70.24 	licensee is subject to paragraph (a), clause (10). The medical data may be requested from 
70.25 	a provider as defined in section 144.291, subdivision 2, paragraph (i), an insurance company, 
70.26 	or a government agency, including the Department of Human Services. A provider, insurance 
70.27 	company, or government agency shall comply with any written request of the board under 
70.28 	this section and is not liable in any action for damages for releasing the data requested by 
70.29 	the board if the data are released pursuant to a written request under this section, unless the 
70.30 	information is false and the provider giving the information knew, or had reason to know, 
70.31 	the information was false. Information obtained under this section is private data on 
70.32 	individuals as defined in section 13.02.
70.33 	(e) If the board issues an order of immediate suspension of a license, a hearing must be 
70.34 	held within 30 days of the suspension and completed without delay.

71.1 	Sec. 37. Minnesota Statutes 2016, section 214.103, subdivision 8, is amended to read:
71.2 		Subd. 8.Dismissal and reopening of a complaint. (a) A complaint may not be dismissed 
71.3 	without the concurrence of at least two board members and, upon the request of the 
71.4 	complainant, a review by a representative of the attorney general's office. The designee of 
71.5 	the attorney general must review before dismissal any complaints which allege any violation 
71.6 	of chapter 609, any conduct which would be required to be reported under section ~~626.556~~
71.7 	~~or~~626.557 or chapter 626B, any sexual contact or sexual conduct with a client, any violation 
71.8 	of a federal law, any actual or potential inability to practice the regulated profession or 
71.9 	occupation by reason of illness, use of alcohol, drugs, chemicals, or any other materials, or 
71.10 	as a result of any mental or physical condition, any violation of state medical assistance 
71.11 	laws, or any disciplinary action related to credentialing in another jurisdiction or country 
71.12 	which was based on the same or related conduct specified in this subdivision.
71.13 	(b) The board may reopen a dismissed complaint if the board receives newly discovered 
71.14 	information that was not available to the board during the initial investigation of the 
71.15 	complaint, or if the board receives a new complaint that indicates a pattern of behavior or 
71.16 	conduct.

71.17 	Sec. 38. Minnesota Statutes 2016, section 214.104, is amended to read:
71.18 	214.104 HEALTH-RELATED LICENSING BOARDS; SUBSTANTIATED 
71.19 	MALTREATMENT.
71.20 	(a) A health-related licensing board shall make determinations as to whether regulated 
71.21 	persons who are under the board's jurisdiction should be the subject of disciplinary or 
71.22 	corrective action because of substantiated maltreatment under section ~~626.556 or~~626.557
71.23 	or chapter 626B. The board shall make a determination upon receipt, and after the review, 
71.24 	of an investigation memorandum or other notice of substantiated maltreatment under section 
71.25 	~~626.556 or~~626.557 or chapter 626B, or of a notice from the commissioner of human services 
71.26 	that a background study of a regulated person shows substantiated maltreatment.
71.27 	(b) Upon completion of its review of a report of substantiated maltreatment, the board 
71.28 	shall notify the commissioner of human services of its determination. The board shall notify 
71.29 	the commissioner of human services if, following a review of the report of substantiated 
71.30 	maltreatment, the board determines that it does not have jurisdiction in the matter and the 
71.31 	commissioner shall make the appropriate disqualification decision regarding the regulated 
71.32 	person as otherwise provided in chapter 245C. The board shall also notify the commissioner 
71.33 	of health or the commissioner of human services immediately upon receipt of knowledge 
72.1 	of a facility or program allowing a regulated person to provide direct contact services at the 
72.2 	facility or program while not complying with requirements placed on the regulated person.
72.3 	(c) In addition to any other remedy provided by law, the board may, through its designated 
72.4 	board member, temporarily suspend the license of a licensee; deny a credential to an 
72.5 	applicant; or require the regulated person to be continuously supervised, if the board finds 
72.6 	there is probable cause to believe the regulated person referred to the board according to 
72.7 	paragraph (a) poses an immediate risk of harm to vulnerable persons. The board shall 
72.8 	consider all relevant information available, which may include but is not limited to:
72.9 	(1) the extent the action is needed to protect persons receiving services or the public;
72.10 	(2) the recency of the maltreatment;
72.11 	(3) the number of incidents of maltreatment;
72.12 	(4) the intrusiveness or violence of the maltreatment; and
72.13 	(5) the vulnerability of the victim of maltreatment.
72.14 	The action shall take effect upon written notice to the regulated person, served by certified 
72.15 	mail, specifying the statute violated. The board shall notify the commissioner of health or 
72.16 	the commissioner of human services of the suspension or denial of a credential. The action 
72.17 	shall remain in effect until the board issues a temporary stay or a final order in the matter 
72.18 	after a hearing or upon agreement between the board and the regulated person. At the time 
72.19 	the board issues the notice, the regulated person shall inform the board of all settings in 
72.20 	which the regulated person is employed or practices. The board shall inform all known 
72.21 	employment and practice settings of the board action and schedule a disciplinary hearing 
72.22 	to be held under chapter 14. The board shall provide the regulated person with at least 30 
72.23 	days' notice of the hearing, unless the parties agree to a hearing date that provides less than 
72.24 	30 days' notice, and shall schedule the hearing to begin no later than 90 days after issuance 
72.25 	of the notice of hearing.

72.26 	Sec. 39. Minnesota Statutes 2016, section 243.166, subdivision 7, is amended to read:
72.27 		Subd. 7.Use of data. (a) Except as otherwise provided in subdivision 7a or sections 
72.28 	244.052 and 299C.093, the data provided under this section is private data on individuals 
72.29 	under section 13.02, subdivision 12.
72.30 	(b) The data may be used only by law enforcement and corrections agencies for law 
72.31 	enforcement and corrections purposes. Law enforcement may disclose the status of an 
73.1 	individual as a predatory offender to a child protection worker with a local welfare agency 
73.2 	for purposes of doing a family assessment under ~~section 626.556~~ chapter 626B.
73.3 	(c) The commissioner of human services is authorized to have access to the data for:
73.4 	(1) state-operated services, as defined in section 246.014, for the purposes described in 
73.5 	section 246.13, subdivision 2, paragraph (b); and
73.6 	(2) purposes of completing background studies under chapter 245C.

73.7 	Sec. 40. Minnesota Statutes 2016, section 245.8261, subdivision 9, is amended to read:
73.8 		Subd. 9.Conditions on use of restrictive procedures. Restrictive procedures must not:
73.9 	(1) be implemented with a child in a manner that constitutes sexual abuse, neglect, or 
73.10 	physical abuse under ~~section 626.556~~ chapter 626B, the reporting of maltreatment of minors;
73.11 	(2) restrict a child's normal access to a nutritious diet, drinking water, adequate ventilation, 
73.12 	necessary medical care, ordinary hygiene facilities, or necessary clothing or to any protection 
73.13 	required by state licensing standards and federal regulations governing the program;
73.14 	(3) be used as punishment or for the convenience of staff; or
73.15 	(4) deny the child visitation or contact with legal counsel and next of kin.

73.16 	Sec. 41. Minnesota Statutes 2016, section 245A.04, subdivision 5, is amended to read:
73.17 		Subd. 5.Commissioner's right of access. (a) When the commissioner is exercising the 
73.18 	powers conferred by this chapter, chapter 626B, and sections 245.69~~, 626.556,~~ and 626.557, 
73.19 	the commissioner must be given access to:
73.20 	(1) the physical plant and grounds where the program is provided;
73.21 	(2) documents and records, including records maintained in electronic format;
73.22 	(3) persons served by the program; and
73.23 	(4) staff and personnel records of current and former staff whenever the program is in 
73.24 	operation and the information is relevant to inspections or investigations conducted by the 
73.25 	commissioner. Upon request, the license holder must provide the commissioner verification 
73.26 	of documentation of staff work experience, training, or educational requirements.
73.27 	The commissioner must be given access without prior notice and as often as the 
73.28 	commissioner considers necessary if the commissioner is investigating alleged maltreatment, 
73.29 	conducting a licensing inspection, or investigating an alleged violation of applicable laws 
73.30 	or rules. In conducting inspections, the commissioner may request and shall receive assistance 
74.1 	from other state, county, and municipal governmental agencies and departments. The 
74.2 	applicant or license holder shall allow the commissioner to photocopy, photograph, and 
74.3 	make audio and video tape recordings during the inspection of the program at the 
74.4 	commissioner's expense. The commissioner shall obtain a court order or the consent of the 
74.5 	subject of the records or the parents or legal guardian of the subject before photocopying 
74.6 	hospital medical records.
74.7 	(b) Persons served by the program have the right to refuse to consent to be interviewed, 
74.8 	photographed, or audio or videotaped. Failure or refusal of an applicant or license holder 
74.9 	to fully comply with this subdivision is reasonable cause for the commissioner to deny the 
74.10 	application or immediately suspend or revoke the license.

74.11 	Sec. 42. Minnesota Statutes 2017 Supplement, section 245A.06, subdivision 8, is amended 
74.12 	to read:
74.13 		Subd. 8.Requirement to post correction order. (a) For licensed family child care 
74.14 	providers and child care centers, upon receipt of any correction order or order of conditional 
74.15 	license issued by the commissioner under this section, and notwithstanding a pending request 
74.16 	for reconsideration of the correction order or order of conditional license by the license 
74.17 	holder, the license holder shall post the correction order or order of conditional license in 
74.18 	a place that is conspicuous to the people receiving services and all visitors to the facility 
74.19 	for two years. When the correction order or order of conditional license is accompanied by 
74.20 	a maltreatment investigation memorandum prepared under section ~~626.556 or~~626.557 or 
74.21 	chapter 626B, the investigation memoranda must be posted with the correction order or 
74.22 	order of conditional license.
74.23 	(b) If the commissioner reverses or rescinds a violation in a correction order upon 
74.24 	reconsideration under subdivision 2, the commissioner shall issue an amended correction 
74.25 	order and the license holder shall post the amended order according to paragraph (a).
74.26 	(c) If the correction order is rescinded or reversed in full upon reconsideration under 
74.27 	subdivision 2, the license holder shall remove the original correction order posted according 
74.28 	to paragraph (a).

74.29 	Sec. 43. Minnesota Statutes 2017 Supplement, section 245A.07, subdivision 3, is amended 
74.30 	to read:
74.31 		Subd. 3.License suspension, revocation, or fine. (a) The commissioner may suspend 
74.32 	or revoke a license, or impose a fine if:
75.1 	(1) a license holder fails to comply fully with applicable laws or rules;
75.2 	(2) a license holder, a controlling individual, or an individual living in the household 
75.3 	where the licensed services are provided or is otherwise subject to a background study has 
75.4 	a disqualification which has not been set aside under section 245C.22;
75.5 	(3) a license holder knowingly withholds relevant information from or gives false or 
75.6 	misleading information to the commissioner in connection with an application for a license, 
75.7 	in connection with the background study status of an individual, during an investigation, 
75.8 	or regarding compliance with applicable laws or rules; or
75.9 	(4) after July 1, 2012, and upon request by the commissioner, a license holder fails to 
75.10 	submit the information required of an applicant under section 245A.04, subdivision 1, 
75.11 	paragraph (f) or (g).
75.12 	A license holder who has had a license suspended, revoked, or has been ordered to pay 
75.13 	a fine must be given notice of the action by certified mail or personal service. If mailed, the 
75.14 	notice must be mailed to the address shown on the application or the last known address of 
75.15 	the license holder. The notice must state the reasons the license was suspended, revoked, 
75.16 	or a fine was ordered.
75.17 	(b) If the license was suspended or revoked, the notice must inform the license holder 
75.18 	of the right to a contested case hearing under chapter 14 and Minnesota Rules, parts 
75.19 	1400.8505 to 1400.8612. The license holder may appeal an order suspending or revoking 
75.20 	a license. The appeal of an order suspending or revoking a license must be made in writing 
75.21 	by certified mail or personal service. If mailed, the appeal must be postmarked and sent to 
75.22 	the commissioner within ten calendar days after the license holder receives notice that the 
75.23 	license has been suspended or revoked. If a request is made by personal service, it must be 
75.24 	received by the commissioner within ten calendar days after the license holder received the 
75.25 	order. Except as provided in subdivision 2a, paragraph (c), if a license holder submits a 
75.26 	timely appeal of an order suspending or revoking a license, the license holder may continue 
75.27 	to operate the program as provided in section 245A.04, subdivision 7, paragraphs (g) and 
75.28 	(h), until the commissioner issues a final order on the suspension or revocation.
75.29 	(c)(1) If the license holder was ordered to pay a fine, the notice must inform the license 
75.30 	holder of the responsibility for payment of fines and the right to a contested case hearing 
75.31 	under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The appeal of an 
75.32 	order to pay a fine must be made in writing by certified mail or personal service. If mailed, 
75.33 	the appeal must be postmarked and sent to the commissioner within ten calendar days after 
75.34 	the license holder receives notice that the fine has been ordered. If a request is made by 
76.1 	personal service, it must be received by the commissioner within ten calendar days after 
76.2 	the license holder received the order.
76.3 	(2) The license holder shall pay the fines assessed on or before the payment date specified. 
76.4 	If the license holder fails to fully comply with the order, the commissioner may issue a 
76.5 	second fine or suspend the license until the license holder complies. If the license holder 
76.6 	receives state funds, the state, county, or municipal agencies or departments responsible for 
76.7 	administering the funds shall withhold payments and recover any payments made while the 
76.8 	license is suspended for failure to pay a fine. A timely appeal shall stay payment of the fine 
76.9 	until the commissioner issues a final order.
76.10 	(3) A license holder shall promptly notify the commissioner of human services, in writing, 
76.11 	when a violation specified in the order to forfeit a fine is corrected. If upon reinspection the 
76.12 	commissioner determines that a violation has not been corrected as indicated by the order 
76.13 	to forfeit a fine, the commissioner may issue a second fine. The commissioner shall notify 
76.14 	the license holder by certified mail or personal service that a second fine has been assessed. 
76.15 	The license holder may appeal the second fine as provided under this subdivision.
76.16 	(4) Fines shall be assessed as follows:
76.17 	(i) the license holder shall forfeit $1,000 for each determination of maltreatment of a 
76.18 	child under ~~section 626.556~~ chapter 626B or the maltreatment of a vulnerable adult under 
76.19 	section 626.557 for which the license holder is determined responsible for the maltreatment 
76.20 	under section ~~626.556, subdivision 10e, paragraph (i), or~~626.557, subdivision 9c, paragraph 
76.21 	(c), or 626B.11, subdivision 6;
76.22 	(ii) if the commissioner determines that a determination of maltreatment for which the 
76.23 	license holder is responsible is the result of maltreatment that meets the definition of serious 
76.24 	maltreatment as defined in section 245C.02, subdivision 18, the license holder shall forfeit 
76.25 	$5,000;
76.26 	(iii) for a program that operates out of the license holder's home and a program licensed 
76.27 	under Minnesota Rules, parts 9502.0300 to ~~9502.0495~~ 9502.0445, the fine assessed against 
76.28 	the license holder shall not exceed $1,000 for each determination of maltreatment;
76.29 	(iv) the license holder shall forfeit $200 for each occurrence of a violation of law or rule 
76.30 	governing matters of health, safety, or supervision, including but not limited to the provision 
76.31 	of adequate staff-to-child or adult ratios, and failure to comply with background study 
76.32 	requirements under chapter 245C; and
77.1 	(v) the license holder shall forfeit $100 for each occurrence of a violation of law or rule 
77.2 	other than those subject to a $5,000, $1,000, or $200 fine in items (i) to (iv).
77.3 	For purposes of this section, "occurrence" means each violation identified in the 
77.4 	commissioner's fine order. Fines assessed against a license holder that holds a license to 
77.5 	provide home and community-based services, as identified in section 245D.03, subdivision 
77.6 	1, and a community residential setting or day services facility license under chapter 245D 
77.7 	where the services are provided, may be assessed against both licenses for the same 
77.8 	occurrence, but the combined amount of the fines shall not exceed the amount specified in 
77.9 	this clause for that occurrence.
77.10 	(5) When a fine has been assessed, the license holder may not avoid payment by closing, 
77.11 	selling, or otherwise transferring the licensed program to a third party. In such an event, the 
77.12 	license holder will be personally liable for payment. In the case of a corporation, each 
77.13 	controlling individual is personally and jointly liable for payment.
77.14 	(d) Except for background study violations involving the failure to comply with an order 
77.15 	to immediately remove an individual or an order to provide continuous, direct supervision, 
77.16 	the commissioner shall not issue a fine under paragraph (c) relating to a background study 
77.17 	violation to a license holder who self-corrects a background study violation before the 
77.18 	commissioner discovers the violation. A license holder who has previously exercised the 
77.19 	provisions of this paragraph to avoid a fine for a background study violation may not avoid 
77.20 	a fine for a subsequent background study violation unless at least 365 days have passed 
77.21 	since the license holder self-corrected the earlier background study violation.

77.22 	Sec. 44. Minnesota Statutes 2016, section 245A.07, subdivision 5, is amended to read:
77.23 		Subd. 5.Requirement to post licensing order or fine. For licensed family child care 
77.24 	providers and child care centers, upon receipt of any order of license suspension, temporary 
77.25 	immediate suspension, fine, or revocation issued by the commissioner under this section, 
77.26 	and notwithstanding a pending appeal of the order of license suspension, temporary 
77.27 	immediate suspension, fine, or revocation by the license holder, the license holder shall 
77.28 	post the order of license suspension, temporary immediate suspension, fine, or revocation 
77.29 	in a place that is conspicuous to the people receiving services and all visitors to the facility 
77.30 	for two years. When the order of license suspension, temporary immediate suspension, fine, 
77.31 	or revocation is accompanied by a maltreatment investigation memorandum prepared under 
77.32 	section ~~626.556 or~~626.557 or chapter 626B, the investigation memoranda must be posted 
77.33 	with the order of license suspension, temporary immediate suspension, fine, or revocation.

78.1 	Sec. 45. Minnesota Statutes 2016, section 245A.08, subdivision 2a, is amended to read:
78.2 		Subd. 2a.Consolidated contested case hearings. (a) When a denial of a license under 
78.3 	section 245A.05 or a licensing sanction under section 245A.07, subdivision 3, is based on 
78.4 	a disqualification for which reconsideration was timely requested and which was not set 
78.5 	aside under section 245C.22, the scope of the contested case hearing shall include the 
78.6 	disqualification and the licensing sanction or denial of a license, unless otherwise specified 
78.7 	in this subdivision. When the licensing sanction or denial of a license is based on a 
78.8 	determination of maltreatment under section ~~626.556 or~~626.557 or chapter 626B, or a 
78.9 	disqualification for serious or recurring maltreatment which was not set aside, the scope of 
78.10 	the contested case hearing shall include the maltreatment determination, disqualification, 
78.11 	and the licensing sanction or denial of a license, unless otherwise specified in this subdivision. 
78.12 	In such cases, a fair hearing under section 256.045 shall not be conducted as provided for 
78.13 	in sections 245C.27, ~~626.556, subdivision 10i, and~~626.557, subdivision 9d, and 626B.12.
78.14 	(b) Except for family child care and child foster care, reconsideration of a maltreatment 
78.15 	determination under sections ~~626.556, subdivision 10i, and~~626.557, subdivision 9d, and 
78.16 	626B.12, and reconsideration of a disqualification under section 245C.22, shall not be 
78.17 	conducted when:
78.18 	(1) a denial of a license under section 245A.05, or a licensing sanction under section 
78.19 	245A.07, is based on a determination that the license holder is responsible for maltreatment 
78.20 	or the disqualification of a license holder is based on serious or recurring maltreatment;
78.21 	(2) the denial of a license or licensing sanction is issued at the same time as the 
78.22 	maltreatment determination or disqualification; and
78.23 	(3) the license holder appeals the maltreatment determination or disqualification, and 
78.24 	denial of a license or licensing sanction. In these cases, a fair hearing shall not be conducted 
78.25 	under sections 245C.27, ~~626.556, subdivision 10i, and~~626.557, subdivision 9d, and 626B.12. 
78.26 	The scope of the contested case hearing must include the maltreatment determination, 
78.27 	disqualification, and denial of a license or licensing sanction.
78.28 	Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment 
78.29 	determination or disqualification, but does not appeal the denial of a license or a licensing 
78.30 	sanction, reconsideration of the maltreatment determination shall be conducted under sections 
78.31 	~~626.556, subdivision 10i, and~~626.557, subdivision 9d, and 626B.12, and reconsideration 
78.32 	of the disqualification shall be conducted under section 245C.22. In such cases, a fair hearing 
78.33 	shall also be conducted as provided under sections 245C.27, ~~626.556, subdivision 10i, and~~
78.34 	626.557, subdivision 9d, and 626B.12.
79.1 	(c) In consolidated contested case hearings regarding sanctions issued in family child 
79.2 	care, child foster care, family adult day services, adult foster care, and community residential 
79.3 	settings, the county attorney shall defend the commissioner's orders in accordance with 
79.4 	section 245A.16, subdivision 4.
79.5 	(d) The commissioner's final order under subdivision 5 is the final agency action on the 
79.6 	issue of maltreatment and disqualification, including for purposes of subsequent background 
79.7 	studies under chapter 245C and is the only administrative appeal of the final agency 
79.8 	determination, specifically, including a challenge to the accuracy and completeness of data 
79.9 	under section 13.04.
79.10 	(e) When consolidated hearings under this subdivision involve a licensing sanction based 
79.11 	on a previous maltreatment determination for which the commissioner has issued a final 
79.12 	order in an appeal of that determination under section 256.045, or the individual failed to 
79.13 	exercise the right to appeal the previous maltreatment determination under section ~~626.556,~~ 
79.14 	~~subdivision 10i, or~~626.557, subdivision 9d, or 626B.12, the commissioner's order is 
79.15 	conclusive on the issue of maltreatment. In such cases, the scope of the administrative law 
79.16 	judge's review shall be limited to the disqualification and the licensing sanction or denial 
79.17 	of a license. In the case of a denial of a license or a licensing sanction issued to a facility 
79.18 	based on a maltreatment determination regarding an individual who is not the license holder 
79.19 	or a household member, the scope of the administrative law judge's review includes the 
79.20 	maltreatment determination.
79.21 	(f) The hearings of all parties may be consolidated into a single contested case hearing 
79.22 	upon consent of all parties and the administrative law judge, if:
79.23 	(1) a maltreatment determination or disqualification, which was not set aside under 
79.24 	section 245C.22, is the basis for a denial of a license under section 245A.05 or a licensing 
79.25 	sanction under section 245A.07;
79.26 	(2) the disqualified subject is an individual other than the license holder and upon whom 
79.27 	a background study must be conducted under section 245C.03; and
79.28 	(3) the individual has a hearing right under section 245C.27.
79.29 	(g) When a denial of a license under section 245A.05 or a licensing sanction under 
79.30 	section 245A.07 is based on a disqualification for which reconsideration was requested and 
79.31 	was not set aside under section 245C.22, and the individual otherwise has no hearing right 
79.32 	under section 245C.27, the scope of the administrative law judge's review shall include the 
79.33 	denial or sanction and a determination whether the disqualification should be set aside, 
79.34 	unless section 245C.24 prohibits the set-aside of the disqualification. In determining whether 
80.1 	the disqualification should be set aside, the administrative law judge shall consider the 
80.2 	factors under section 245C.22, subdivision 4, to determine whether the individual poses a 
80.3 	risk of harm to any person receiving services from the license holder.
80.4 	(h) Notwithstanding section 245C.30, subdivision 5, when a licensing sanction under 
80.5 	section 245A.07 is based on the termination of a variance under section 245C.30, subdivision 
80.6 	4, the scope of the administrative law judge's review shall include the sanction and a 
80.7 	determination whether the disqualification should be set aside, unless section 245C.24
80.8 	prohibits the set-aside of the disqualification. In determining whether the disqualification 
80.9 	should be set aside, the administrative law judge shall consider the factors under section 
80.10 	245C.22, subdivision 4, to determine whether the individual poses a risk of harm to any 
80.11 	person receiving services from the license holder.

80.12 	Sec. 46. Minnesota Statutes 2016, section 245A.085, is amended to read:
80.13 	245A.085 CONSOLIDATION OF HEARINGS; RECONSIDERATION.
80.14 	Hearings authorized under this chapter, ~~chapter~~ and chapters 245C~~,~~ and 626B, and 
80.15 	sections 256.045, 256B.04, ~~626.556,~~ and 626.557, shall be consolidated if feasible and in 
80.16 	accordance with other applicable statutes and rules. Reconsideration under sections 245C.28; 
80.17 	~~626.556, subdivision 10i; and~~626.557, subdivision 9d; and 626B.12, shall also be 
80.18 	consolidated if feasible.

80.19 	Sec. 47. Minnesota Statutes 2016, section 245A.11, subdivision 7b, is amended to read:
80.20 		Subd. 7b.Adult foster care data privacy and security. (a) An adult foster care or 
80.21 	community residential setting license holder who creates, collects, records, maintains, stores, 
80.22 	or discloses any individually identifiable recipient data, whether in an electronic or any 
80.23 	other format, must comply with the privacy and security provisions of applicable privacy 
80.24 	laws and regulations, including:
80.25 	(1) the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), 
80.26 	Public Law 104-1; and the HIPAA Privacy Rule, Code of Federal Regulations, title 45, part 
80.27 	160, and subparts A and E of part 164; and
80.28 	(2) the Minnesota Government Data Practices Act as codified in chapter 13.
80.29 	(b) For purposes of licensure, the license holder shall be monitored for compliance with 
80.30 	the following data privacy and security provisions:
80.31 	(1) the license holder must control access to data on residents served by the program 
80.32 	according to the definitions of public and private data on individuals under section 13.02; 
81.1 	classification of the data on individuals as private under section 13.46, subdivision 2; and 
81.2 	control over the collection, storage, use, access, protection, and contracting related to data 
81.3 	according to section 13.05, in which the license holder is assigned the duties of a government 
81.4 	entity;
81.5 	(2) the license holder must provide each resident served by the program with a notice 
81.6 	that meets the requirements under section 13.04, in which the license holder is assigned the 
81.7 	duties of the government entity, and that meets the requirements of Code of Federal 
81.8 	Regulations, title 45, part 164.52. The notice shall describe the purpose for collection of 
81.9 	the data, and to whom and why it may be disclosed pursuant to law. The notice must inform 
81.10 	the individual that the license holder uses electronic monitoring and, if applicable, that 
81.11 	recording technology is used;
81.12 	(3) the license holder must not install monitoring cameras in bathrooms;
81.13 	(4) electronic monitoring cameras must not be concealed from the residents served by 
81.14 	the program; and
81.15 	(5) electronic video and audio recordings of residents served by the program shall be 
81.16 	stored by the license holder for five days unless: (i) a resident served by the program or 
81.17 	legal representative requests that the recording be held longer based on a specific report of 
81.18 	alleged maltreatment; or (ii) the recording captures an incident or event of alleged 
81.19 	maltreatment under section ~~626.556 or~~626.557 or chapter 626B or a crime under chapter 
81.20 	609. When requested by a resident served by the program or when a recording captures an 
81.21 	incident or event of alleged maltreatment or a crime, the license holder must maintain the 
81.22 	recording in a secured area for no longer than 30 days to give the investigating agency an 
81.23 	opportunity to make a copy of the recording. The investigating agency will maintain the 
81.24 	electronic video or audio recordings as required in section 626.557, subdivision 12b.
81.25 	(c) The commissioner shall develop, and make available to license holders and county 
81.26 	licensing workers, a checklist of the data privacy provisions to be monitored for purposes 
81.27 	of licensure.

81.28 	Sec. 48. Minnesota Statutes 2016, section 245A.145, subdivision 1, is amended to read:
81.29 		Subdivision 1.Policies and procedures. (a) All licensed child care providers must 
81.30 	develop policies and procedures for reporting suspected child maltreatment that fulfill the 
81.31 	requirements in ~~section 626.556~~ chapter 626B and must develop policies and procedures 
81.32 	for reporting complaints about the operation of a child care program. The policies and 
81.33 	procedures must include the telephone numbers of the local county child protection agency 
82.1 	for reporting suspected maltreatment; the county licensing agency for family and group 
82.2 	family child care providers; and the state licensing agency for child care centers.
82.3 	(b) The policies and procedures required in paragraph (a) must:
82.4 	(1) be provided to the parents of all children at the time of enrollment in the child care 
82.5 	program; and
82.6 	(2) be made available upon request.

82.7 	Sec. 49. Minnesota Statutes 2017 Supplement, section 245A.40, subdivision 1, is amended 
82.8 	to read:
82.9 		Subdivision 1.Orientation. The child care center license holder must ensure that every 
82.10 	staff person and volunteer is given orientation training and successfully completes the 
82.11 	training before starting assigned duties. The orientation training in this subdivision applies 
82.12 	to volunteers who will have direct contact with or access to children and who are not under 
82.13 	the direct supervision of a staff person. Completion of the orientation must be documented 
82.14 	in the individual's personnel record. The orientation training must include information about:
82.15 	(1) the center's philosophy, child care program, and procedures for maintaining health 
82.16 	and safety according to section 245A.41 and Minnesota Rules, part 9503.0140, and handling 
82.17 	emergencies and accidents according to Minnesota Rules, part 9503.0110;
82.18 	(2) specific job responsibilities;
82.19 	(3) the behavior guidance standards in Minnesota Rules, part 9503.0055; and
82.20 	(4) the reporting responsibilities in ~~section 626.556,~~ chapter 626B and Minnesota Rules, 
82.21 	part 9503.0130.

82.22 	Sec. 50. Minnesota Statutes 2016, section 245A.66, subdivision 3, is amended to read:
82.23 		Subd. 3.Orientation to risk reduction plan and annual review of plan. (a) The license 
82.24 	holder shall ensure that all mandated reporters, as defined in section ~~626.556, subdivision~~ 
82.25 	~~3~~ 626B.03, who are under the control of the license holder, receive an orientation to the risk 
82.26 	reduction plan prior to first providing unsupervised direct contact services, as defined in 
82.27 	section 245C.02, subdivision 11, to children, not to exceed 14 days from the first supervised 
82.28 	direct contact, and annually thereafter. The license holder must document the orientation 
82.29 	to the risk reduction plan in the mandated reporter's personnel records.
83.1 	(b) The license holder must review the risk reduction plan annually and document the 
83.2 	annual review. When conducting the review, the license holder must consider incidents that 
83.3 	have occurred in the center since the last review, including:
83.4 	(1) the assessment factors in the plan;
83.5 	(2) the internal reviews conducted under this section, if any;
83.6 	(3) substantiated maltreatment findings, if any; and
83.7 	(4) incidents that caused injury or harm to a child, if any, that occurred since the last 
83.8 	review.
83.9 	Following any change to the risk reduction plan, the license holder must inform mandated 
83.10 	reporters, under the control of the license holder, of the changes in the risk reduction plan, 
83.11 	and document that the mandated reporters were informed of the changes.

83.12 	Sec. 51. Minnesota Statutes 2016, section 245C.05, subdivision 6, is amended to read:
83.13 		Subd. 6.Applicant, license holder, other entities, and agencies. (a) The applicant, 
83.14 	license holder, other entities as provided in this chapter, Bureau of Criminal Apprehension, 
83.15 	law enforcement agencies, commissioner of health, and county agencies shall help with the 
83.16 	study by giving the commissioner criminal conviction data and reports about the maltreatment 
83.17 	of adults substantiated under section 626.557 and the maltreatment of minors substantiated 
83.18 	under ~~section 626.556~~ chapter 626B.
83.19 	(b) If a background study is initiated by an applicant, license holder, or other entities as 
83.20 	provided in this chapter, and the applicant, license holder, or other entity receives information 
83.21 	about the possible criminal or maltreatment history of an individual who is the subject of 
83.22 	the background study, the applicant, license holder, or other entity must immediately provide 
83.23 	the information to the commissioner.
83.24 	(c) The program or county or other agency must provide written notice to the individual 
83.25 	who is the subject of the background study of the requirements under this subdivision.

83.26 	Sec. 52. Minnesota Statutes 2016, section 245C.15, subdivision 4, is amended to read:
83.27 		Subd. 4.Seven-year disqualification. (a) An individual is disqualified under section 
83.28 	245C.14 if: (1) less than seven years has passed since the discharge of the sentence imposed, 
83.29 	if any, for the offense; and (2) the individual has committed a misdemeanor-level violation 
83.30 	of any of the following offenses: sections 256.98 (wrongfully obtaining assistance); 268.182
83.31 	(false representation; concealment of facts); 393.07, subdivision 10, paragraph (c) (federal 
84.1 	Food Stamp Program fraud); 609.2112, 609.2113, or 609.2114 (criminal vehicular homicide 
84.2 	or injury); 609.221 (assault in the first degree); 609.222 (assault in the second degree); 
84.3 	609.223 (assault in the third degree); 609.2231 (assault in the fourth degree); 609.224 (assault 
84.4 	in the fifth degree); 609.2242 (domestic assault); 609.2335 (financial exploitation of a 
84.5 	vulnerable adult); 609.234 (failure to report maltreatment of a vulnerable adult); 609.2672
84.6 	(assault of an unborn child in the third degree); 609.27 (coercion); violation of an order for 
84.7 	protection under 609.3232 (protective order authorized; procedures; penalties); 609.466
84.8 	(medical assistance fraud); 609.52 (theft); 609.525 (bringing stolen goods into Minnesota); 
84.9 	609.527 (identity theft); 609.53 (receiving stolen property); 609.535 (issuance of dishonored 
84.10 	checks); 609.611 (insurance fraud); 609.66 (dangerous weapons); 609.665 (spring guns); 
84.11 	609.746 (interference with privacy); 609.79 (obscene or harassing telephone calls); 609.795
84.12 	(letter, telegram, or package; opening; harassment); 609.82 (fraud in obtaining credit); 
84.13 	609.821 (financial transaction card fraud); 617.23 (indecent exposure), not involving a 
84.14 	minor; 617.293 (harmful materials; dissemination and display to minors prohibited); or 
84.15 	Minnesota Statutes 2012, section 609.21; or violation of an order for protection under section 
84.16 	518B.01 (Domestic Abuse Act).
84.17 	(b) An individual is disqualified under section 245C.14 if less than seven years has 
84.18 	passed since a determination or disposition of the individual's:
84.19 	(1) failure to make required reports under section ~~626.556, subdivision 3, or~~626.557, 
84.20 	subdivision 3, or 626B.03, for incidents in which: (i) the final disposition under section 
84.21 	~~626.556 or~~626.557or chapter 626B was substantiated maltreatment, and (ii) the maltreatment 
84.22 	was recurring or serious; or
84.23 	(2) substantiated serious or recurring maltreatment of a minor under ~~section 626.556~~
84.24 	chapter 626B, a vulnerable adult under section 626.557, or serious or recurring maltreatment 
84.25 	in any other state, the elements of which are substantially similar to the elements of 
84.26 	maltreatment under section ~~626.556 or~~626.557 or chapter 626B for which: (i) there is a 
84.27 	preponderance of evidence that the maltreatment occurred, and (ii) the subject was 
84.28 	responsible for the maltreatment.
84.29 	(c) An individual is disqualified under section 245C.14 if less than seven years has 
84.30 	passed since the individual's aiding and abetting, attempt, or conspiracy to commit any of 
84.31 	the offenses listed in paragraphs (a) and (b), as each of these offenses is defined in Minnesota 
84.32 	Statutes.
84.33 	(d) An individual is disqualified under section 245C.14 if less than seven years has 
84.34 	passed since the discharge of the sentence imposed for an offense in any other state or 
85.1 	country, the elements of which are substantially similar to the elements of any of the offenses 
85.2 	listed in paragraphs (a) and (b).
85.3 	(e) When a disqualification is based on a judicial determination other than a conviction, 
85.4 	the disqualification period begins from the date of the court order. When a disqualification 
85.5 	is based on an admission, the disqualification period begins from the date of an admission 
85.6 	in court. When a disqualification is based on an Alford Plea, the disqualification period 
85.7 	begins from the date the Alford Plea is entered in court. When a disqualification is based 
85.8 	on a preponderance of evidence of a disqualifying act, the disqualification date begins from 
85.9 	the date of the dismissal, the date of discharge of the sentence imposed for a conviction for 
85.10 	a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.
85.11 	(f) An individual is disqualified under section 245C.14 if less than seven years has passed 
85.12 	since the individual was disqualified under section 256.98, subdivision 8.

85.13 	Sec. 53. Minnesota Statutes 2017 Supplement, section 245C.16, subdivision 1, is amended 
85.14 	to read:
85.15 		Subdivision 1.Determining immediate risk of harm. (a) If the commissioner determines 
85.16 	that the individual studied has a disqualifying characteristic, the commissioner shall review 
85.17 	the information immediately available and make a determination as to the subject's immediate 
85.18 	risk of harm to persons served by the program where the individual studied will have direct 
85.19 	contact with, or access to, people receiving services.
85.20 	(b) The commissioner shall consider all relevant information available, including the 
85.21 	following factors in determining the immediate risk of harm:
85.22 	(1) the recency of the disqualifying characteristic;
85.23 	(2) the recency of discharge from probation for the crimes;
85.24 	(3) the number of disqualifying characteristics;
85.25 	(4) the intrusiveness or violence of the disqualifying characteristic;
85.26 	(5) the vulnerability of the victim involved in the disqualifying characteristic;
85.27 	(6) the similarity of the victim to the persons served by the program where the individual 
85.28 	studied will have direct contact;
85.29 	(7) whether the individual has a disqualification from a previous background study that 
85.30 	has not been set aside; and
86.1 	(8) if the individual has a disqualification which may not be set aside because it is a 
86.2 	permanent bar under section 245C.24, subdivision 1, or the individual is a child care staff 
86.3 	person who has a felony-level conviction for a drug-related offense in the last five years, 
86.4 	the commissioner may order the immediate removal of the individual from any position 
86.5 	allowing direct contact with, or access to, persons receiving services from the program.
86.6 	(c) This section does not apply when the subject of a background study is regulated by 
86.7 	a health-related licensing board as defined in chapter 214, and the subject is determined to 
86.8 	be responsible for substantiated maltreatment under section ~~626.556 or~~626.557 or chapter 
86.9 	626B.
86.10 	(d) This section does not apply to a background study related to an initial application 
86.11 	for a child foster care license.
86.12 	(e) Except for paragraph (f), this section does not apply to a background study that is 
86.13 	also subject to the requirements under section 256B.0659, subdivisions 11 and 13, for a 
86.14 	personal care assistant or a qualified professional as defined in section 256B.0659, 
86.15 	subdivision 1.
86.16 	(f) If the commissioner has reason to believe, based on arrest information or an active 
86.17 	maltreatment investigation, that an individual poses an imminent risk of harm to persons 
86.18 	receiving services, the commissioner may order that the person be continuously supervised 
86.19 	or immediately removed pending the conclusion of the maltreatment investigation or criminal 
86.20 	proceedings.

86.21 	Sec. 54. Minnesota Statutes 2016, section 245C.17, subdivision 3, is amended to read:
86.22 		Subd. 3.Disqualification notification. (a) The commissioner shall notify an applicant, 
86.23 	license holder, or other entity as provided in this chapter who is not the subject of the study:
86.24 	(1) that the commissioner has found information that disqualifies the individual studied 
86.25 	from being in a position allowing direct contact with, or access to, people served by the 
86.26 	program; and
86.27 	(2) the commissioner's determination of the individual's risk of harm under section 
86.28 	245C.16.
86.29 	(b) If the commissioner determines under section 245C.16 that an individual studied 
86.30 	poses an imminent risk of harm to persons served by the program where the individual 
86.31 	studied will have direct contact with, or access to, people served by the program, the 
86.32 	commissioner shall order the license holder to immediately remove the individual studied 
86.33 	from any position allowing direct contact with, or access to, people served by the program.
87.1 	(c) If the commissioner determines under section 245C.16 that an individual studied 
87.2 	poses a risk of harm that requires continuous, direct supervision, the commissioner shall 
87.3 	order the applicant, license holder, or other entities as provided in this chapter to:
87.4 	(1) immediately remove the individual studied from any position allowing direct contact 
87.5 	with, or access to, people receiving services; or
87.6 	(2) before allowing the disqualified individual to be in a position allowing direct contact 
87.7 	with, or access to, people receiving services, the applicant, license holder, or other entity, 
87.8 	as provided in this chapter, must:
87.9 	(i) obtain from the disqualified individual a copy of the individual's notice of 
87.10 	disqualification from the commissioner that explains the reason for disqualification;
87.11 	(ii) ensure that the individual studied is under continuous, direct supervision when in a 
87.12 	position allowing direct contact with, or access to, people receiving services during the 
87.13 	period in which the individual may request a reconsideration of the disqualification under 
87.14 	section 245C.21; and
87.15 	(iii) ensure that the disqualified individual requests reconsideration within 30 days of 
87.16 	receipt of the notice of disqualification.
87.17 	(d) If the commissioner determines under section 245C.16 that an individual studied 
87.18 	does not pose a risk of harm that requires continuous, direct supervision, the commissioner 
87.19 	shall order the applicant, license holder, or other entities as provided in this chapter to:
87.20 	(1) immediately remove the individual studied from any position allowing direct contact 
87.21 	with, or access to, people receiving services; or
87.22 	(2) before allowing the disqualified individual to be in any position allowing direct 
87.23 	contact with, or access to, people receiving services, the applicant, license holder, or other 
87.24 	entity as provided in this chapter must:
87.25 	(i) obtain from the disqualified individual a copy of the individual's notice of 
87.26 	disqualification from the commissioner that explains the reason for disqualification; and
87.27 	(ii) ensure that the disqualified individual requests reconsideration within 15 days of 
87.28 	receipt of the notice of disqualification.
87.29 	(e) The commissioner shall not notify the applicant, license holder, or other entity as 
87.30 	provided in this chapter of the information contained in the subject's background study 
87.31 	unless:
88.1 	(1) the basis for the disqualification is failure to cooperate with the background study 
88.2 	or substantiated maltreatment under section ~~626.556 or~~626.557 or chapter 626B;
88.3 	(2) the Data Practices Act under chapter 13 provides for release of the information; or
88.4 	(3) the individual studied authorizes the release of the information.

88.5 	Sec. 55. Minnesota Statutes 2016, section 245C.21, subdivision 2, is amended to read:
88.6 		Subd. 2.Time frame for requesting reconsideration. (a) When the commissioner 
88.7 	sends an individual a notice of disqualification based on a finding under section 245C.16, 
88.8 	subdivision 2, paragraph (a), clause (1) or (2), the disqualified individual must submit the 
88.9 	request for a reconsideration within 30 calendar days of the individual's receipt of the notice 
88.10 	of disqualification. If mailed, the request for reconsideration must be postmarked and sent 
88.11 	to the commissioner within 30 calendar days of the individual's receipt of the notice of 
88.12 	disqualification. If a request for reconsideration is made by personal service, it must be 
88.13 	received by the commissioner within 30 calendar days after the individual's receipt of the 
88.14 	notice of disqualification. Upon showing that the information under subdivision 3 cannot 
88.15 	be obtained within 30 days, the disqualified individual may request additional time, not to 
88.16 	exceed 30 days, to obtain the information.
88.17 	(b) When the commissioner sends an individual a notice of disqualification based on a 
88.18 	finding under section 245C.16, subdivision 2, paragraph (a), clause (3), the disqualified 
88.19 	individual must submit the request for reconsideration within 15 calendar days of the 
88.20 	individual's receipt of the notice of disqualification. If mailed, the request for reconsideration 
88.21 	must be postmarked and sent to the commissioner within 15 calendar days of the individual's 
88.22 	receipt of the notice of disqualification. If a request for reconsideration is made by personal 
88.23 	service, it must be received by the commissioner within 15 calendar days after the individual's 
88.24 	receipt of the notice of disqualification.
88.25 	(c) An individual who was determined to have maltreated a child under ~~section 626.556~~
88.26 	chapter 626B or a vulnerable adult under section 626.557, and who is disqualified on the 
88.27 	basis of serious or recurring maltreatment, may request a reconsideration of both the 
88.28 	maltreatment and the disqualification determinations. The request must be submitted within 
88.29 	30 calendar days of the individual's receipt of the notice of disqualification. If mailed, the 
88.30 	request for reconsideration must be postmarked and sent to the commissioner within 30 
88.31 	calendar days of the individual's receipt of the notice of disqualification. If a request for 
88.32 	reconsideration is made by personal service, it must be received by the commissioner within 
88.33 	30 calendar days after the individual's receipt of the notice of disqualification.
89.1 	(d) Except for family child care and child foster care, reconsideration of a maltreatment 
89.2 	determination under sections ~~626.556, subdivision 10i, and~~626.557, subdivision 9d, 626B.12,
89.3 	and reconsideration of a disqualification under section 245C.22, shall not be conducted 
89.4 	when:
89.5 	(1) a denial of a license under section 245A.05, or a licensing sanction under section 
89.6 	245A.07, is based on a determination that the license holder is responsible for maltreatment 
89.7 	or the disqualification of a license holder based on serious or recurring maltreatment;
89.8 	(2) the denial of a license or licensing sanction is issued at the same time as the 
89.9 	maltreatment determination or disqualification; and
89.10 	(3) the license holder appeals the maltreatment determination, disqualification, and 
89.11 	denial of a license or licensing sanction. In such cases, a fair hearing under section 256.045
89.12 	must not be conducted under sections 245C.27, ~~626.556, subdivision 10i, and~~626.557, 
89.13 	subdivision 9d, and 626B.12. Under section 245A.08, subdivision 2a, the scope of the 
89.14 	consolidated contested case hearing must include the maltreatment determination, 
89.15 	disqualification, and denial of a license or licensing sanction.
89.16 	Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment 
89.17 	determination or disqualification, but does not appeal the denial of a license or a licensing 
89.18 	sanction, reconsideration of the maltreatment determination shall be conducted under sections 
89.19 	~~626.556, subdivision 10i, and~~626.557, subdivision 9d, and 626B.12, and reconsideration 
89.20 	of the disqualification shall be conducted under section 245C.22. In such cases, a fair hearing 
89.21 	shall also be conducted as provided under sections 245C.27, ~~626.556, subdivision 10i, and~~
89.22 	626.557, subdivision 9d, and 626B.12.

89.23 	Sec. 56. Minnesota Statutes 2016, section 245C.24, subdivision 4, is amended to read:
89.24 		Subd. 4.Seven-year bar to set aside disqualification. The commissioner may not set 
89.25 	aside the disqualification of an individual in connection with a license to provide family 
89.26 	child care for children, foster care for children in the provider's home, or foster care or day 
89.27 	care services for adults in the provider's home if within seven years preceding the study:
89.28 	(1) the individual committed an act that constitutes maltreatment of a child under section 
89.29 	~~626.556, subdivision 10e~~ 626B.11, and the maltreatment resulted in substantial bodily harm 
89.30 	as defined in section 609.02, subdivision 7a, or substantial mental or emotional harm as 
89.31 	supported by competent psychological or psychiatric evidence; or
89.32 	(2) the individual was determined under section 626.557 to be the perpetrator of a 
89.33 	substantiated incident of maltreatment of a vulnerable adult that resulted in substantial 
90.1 	bodily harm as defined in section 609.02, subdivision 7a, or substantial mental or emotional 
90.2 	harm as supported by competent psychological or psychiatric evidence.

90.3 	Sec. 57. Minnesota Statutes 2017 Supplement, section 245C.25, is amended to read:
90.4 	245C.25 CONSOLIDATED RECONSIDERATION OF MALTREATMENT 
90.5 	DETERMINATION AND DISQUALIFICATION.
90.6 	If an individual is disqualified on the basis of a determination of maltreatment under 
90.7 	section ~~626.556 or~~626.557 or chapter 626B, which was serious or recurring, and the 
90.8 	individual requests reconsideration of the maltreatment determination under section ~~626.556,~~ 
90.9 	~~subdivision 10i, or~~626.557, subdivision 9d, or 626B.12, and also requests reconsideration 
90.10 	of the disqualification under section 245C.21, the commissioner shall consolidate the 
90.11 	reconsideration of the maltreatment determination and the disqualification into a single 
90.12 	reconsideration.

90.13 	Sec. 58. Minnesota Statutes 2016, section 245C.27, subdivision 1, is amended to read:
90.14 		Subdivision 1.Fair hearing following a reconsideration decision. (a) An individual 
90.15 	who is disqualified on the basis of a preponderance of evidence that the individual committed 
90.16 	an act or acts that meet the definition of any of the crimes listed in section 245C.15; for a 
90.17 	determination under section ~~626.556 or~~626.557 or chapter 626B of substantiated 
90.18 	maltreatment that was serious or recurring under section 245C.15; or for failure to make 
90.19 	required reports under section ~~626.556, subdivision 3; or~~626.557, subdivision 3, or 626B.03, 
90.20 	pursuant to section 245C.15, subdivision 4, paragraph (b), clause (1), may request a fair 
90.21 	hearing under section 256.045, following a reconsideration decision issued under section 
90.22 	245C.23, unless the disqualification is deemed conclusive under section 245C.29.
90.23 	(b) The fair hearing is the only administrative appeal of the final agency determination 
90.24 	for purposes of appeal by the disqualified individual. The disqualified individual does not 
90.25 	have the right to challenge the accuracy and completeness of data under section 13.04.
90.26 	(c) Except as provided under paragraph (e), if the individual was disqualified based on 
90.27 	a conviction of, admission to, or Alford Plea to any crimes listed in section 245C.15, 
90.28 	subdivisions 1 to 4, or for a disqualification under section 256.98, subdivision 8, the 
90.29 	reconsideration decision under section 245C.22 is the final agency determination for purposes 
90.30 	of appeal by the disqualified individual and is not subject to a hearing under section 256.045. 
90.31 	If the individual was disqualified based on a judicial determination, that determination is 
90.32 	treated the same as a conviction for purposes of appeal.
91.1 	(d) This subdivision does not apply to a public employee's appeal of a disqualification 
91.2 	under section 245C.28, subdivision 3.
91.3 	(e) Notwithstanding paragraph (c), if the commissioner does not set aside a 
91.4 	disqualification of an individual who was disqualified based on both a preponderance of 
91.5 	evidence and a conviction or admission, the individual may request a fair hearing under 
91.6 	section 256.045, unless the disqualifications are deemed conclusive under section 245C.29. 
91.7 	The scope of the hearing conducted under section 256.045 with regard to the disqualification 
91.8 	based on a conviction or admission shall be limited solely to whether the individual poses 
91.9 	a risk of harm, according to section 256.045, subdivision 3b. In this case, the reconsideration 
91.10 	decision under section 245C.22 is not the final agency decision for purposes of appeal by 
91.11 	the disqualified individual.

91.12 	Sec. 59. Minnesota Statutes 2016, section 245C.27, subdivision 2, is amended to read:
91.13 		Subd. 2.Consolidated fair hearing following a reconsideration decision. (a) If an 
91.14 	individual who is disqualified on the bases of serious or recurring maltreatment requests a 
91.15 	fair hearing on the maltreatment determination under section ~~626.556, subdivision 10i, or~~
91.16 	626.557, subdivision 9d, or 626B.12, and requests a fair hearing under this section on the 
91.17 	disqualification following a reconsideration decision under section 245C.23, the scope of 
91.18 	the fair hearing under section 256.045 shall include the maltreatment determination and the 
91.19 	disqualification.
91.20 	(b) A fair hearing is the only administrative appeal of the final agency determination. 
91.21 	The disqualified individual does not have the right to challenge the accuracy and 
91.22 	completeness of data under section 13.04.
91.23 	(c) This subdivision does not apply to a public employee's appeal of a disqualification 
91.24 	under section 245C.28, subdivision 3.

91.25 	Sec. 60. Minnesota Statutes 2016, section 245C.28, subdivision 1, is amended to read:
91.26 		Subdivision 1.License holder. (a) If a maltreatment determination or a disqualification 
91.27 	for which reconsideration was timely requested and which was not set aside is the basis for 
91.28 	a denial of a license under section 245A.05 or a licensing sanction under section 245A.07, 
91.29 	the license holder has the right to a contested case hearing under chapter 14 and Minnesota 
91.30 	Rules, parts 1400.8505 to 1400.8612. The license holder must submit the appeal under 
91.31 	section 245A.05 or 245A.07, subdivision 3.
92.1 	(b) As provided under section 245A.08, subdivision 2a, if the denial of a license or 
92.2 	licensing sanction is based on a disqualification for which reconsideration was timely 
92.3 	requested and was not set aside, the scope of the consolidated contested case hearing must 
92.4 	include:
92.5 	(1) the disqualification, to the extent the license holder otherwise has a hearing right on 
92.6 	the disqualification under this chapter; and
92.7 	(2) the licensing sanction or denial of a license.
92.8 	(c) As provided for under section 245A.08, subdivision 2a, if the denial of a license or 
92.9 	licensing sanction is based on a determination of maltreatment under section ~~626.556 or~~
92.10 	626.557 or chapter 626B, or a disqualification for serious or recurring maltreatment which 
92.11 	was not set aside, the scope of the contested case hearing must include:
92.12 	(1) the maltreatment determination, if the maltreatment is not conclusive under section 
92.13 	245C.29;
92.14 	(2) the disqualification, if the disqualification is not conclusive under section 245C.29; 
92.15 	and
92.16 	(3) the licensing sanction or denial of a license. In such cases, a fair hearing must not 
92.17 	be conducted under section 256.045. If the disqualification was based on a determination 
92.18 	of substantiated serious or recurring maltreatment under section ~~626.556 or~~626.557 or 
92.19 	chapter 626B, the appeal must be submitted under sections 245A.07, subdivision 3, and
92.20 	~~626.556, subdivision 10i, or~~626.557, subdivision 9d, or 626B.12.
92.21 	(d) Except for family child care and child foster care, reconsideration of a maltreatment 
92.22 	determination under sections ~~626.556, subdivision 10i, and~~626.557, subdivision 9d, and 
92.23 	626B.12, and reconsideration of a disqualification under section 245C.22, must not be 
92.24 	conducted when:
92.25 	(1) a denial of a license under section 245A.05, or a licensing sanction under section 
92.26 	245A.07, is based on a determination that the license holder is responsible for maltreatment 
92.27 	or the disqualification of a license holder based on serious or recurring maltreatment;
92.28 	(2) the denial of a license or licensing sanction is issued at the same time as the 
92.29 	maltreatment determination or disqualification; and
92.30 	(3) the license holder appeals the maltreatment determination, disqualification, and 
92.31 	denial of a license or licensing sanction. In such cases a fair hearing under section 256.045 
92.32 	must not be conducted under sections 245C.27, ~~626.556, subdivision 10i, and~~626.557, 
92.33 	subdivision 9d, and 626B.12. Under section 245A.08, subdivision 2a, the scope of the 
93.1 	consolidated contested case hearing must include the maltreatment determination, 
93.2 	disqualification, and denial of a license or licensing sanction.
93.3 	Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment 
93.4 	determination or disqualification, but does not appeal the denial of a license or a licensing 
93.5 	sanction, reconsideration of the maltreatment determination shall be conducted under sections 
93.6 	~~626.556, subdivision 10i, and~~626.557, subdivision 9d, and 626B.12, and reconsideration 
93.7 	of the disqualification shall be conducted under section 245C.22. In such cases, a fair hearing 
93.8 	shall also be conducted as provided under sections 245C.27, ~~626.556, subdivision 10i, and~~
93.9 	626.557, subdivision 9d, and 626B.12.

93.10 	Sec. 61. Minnesota Statutes 2016, section 245C.29, subdivision 1, is amended to read:
93.11 		Subdivision 1.Conclusive maltreatment determination or disposition. Unless 
93.12 	otherwise specified in statute, a maltreatment determination or disposition under section 
93.13 	~~626.556 or~~626.557 or chapter 626B is conclusive, if:
93.14 	(1) the commissioner has issued a final order in an appeal of that determination or 
93.15 	disposition under section 245A.08, subdivision 5, or 256.045;
93.16 	(2) the individual did not request reconsideration of the maltreatment determination or 
93.17 	disposition under section ~~626.556 or~~626.557 or chapter 626B; or
93.18 	(3) the individual did not request a hearing of the maltreatment determination or 
93.19 	disposition under section 256.045.

93.20 	Sec. 62. Minnesota Statutes 2016, section 245C.31, subdivision 1, is amended to read:
93.21 		Subdivision 1.Board determines disciplinary or corrective action. (a) When the 
93.22 	subject of a background study is regulated by a health-related licensing board as defined in 
93.23 	chapter 214, and the commissioner determines that the regulated individual is responsible 
93.24 	for substantiated maltreatment under section ~~626.556 or~~626.557 or chapter 626B, instead 
93.25 	of the commissioner making a decision regarding disqualification, the board shall make a 
93.26 	determination whether to impose disciplinary or corrective action under chapter 214.
93.27 	(b) This section does not apply to a background study of an individual regulated by a 
93.28 	health-related licensing board if the individual's study is related to child foster care, adult 
93.29 	foster care, or family child care licensure.

94.1 	Sec. 63. Minnesota Statutes 2016, section 245C.32, subdivision 2, is amended to read:
94.2 		Subd. 2.Use. (a) The commissioner may also use these systems and records to obtain 
94.3 	and provide criminal history data from the Bureau of Criminal Apprehension, criminal 
94.4 	history data held by the commissioner, and data about substantiated maltreatment under 
94.5 	section ~~626.556 or~~626.557 or chapter 626B, for other purposes, provided that:
94.6 	(1) the background study is specifically authorized in statute; or
94.7 	(2) the request is made with the informed consent of the subject of the study as provided 
94.8 	in section 13.05, subdivision 4.
94.9 	(b) An individual making a request under paragraph (a), clause (2), must agree in writing 
94.10 	not to disclose the data to any other individual without the consent of the subject of the data.
94.11 	(c) The commissioner may recover the cost of obtaining and providing background study 
94.12 	data by charging the individual or entity requesting the study a fee of no more than $20 per 
94.13 	study. The fees collected under this paragraph are appropriated to the commissioner for the 
94.14 	purpose of conducting background studies.
94.15 	(d) The commissioner shall recover the cost of obtaining background study data required 
94.16 	under section 524.5-118 through a fee of $50 per study for an individual who has not lived 
94.17 	outside Minnesota for the past ten years, and a fee of $100 for an individual who has resided 
94.18 	outside of Minnesota for any period during the ten years preceding the background study. 
94.19 	The commissioner shall recover, from the individual, any additional fees charged by other 
94.20 	states' licensing agencies that are associated with these data requests. Fees under subdivision 
94.21 	3 also apply when criminal history data from the National Criminal Records Repository is 
94.22 	required.

94.23 	Sec. 64. Minnesota Statutes 2016, section 245D.02, subdivision 11, is amended to read:
94.24 		Subd. 11.Incident. "Incident" means an occurrence which involves a person and requires 
94.25 	the program to make a response that is not a part of the program's ordinary provision of 
94.26 	services to that person, and includes:
94.27 	(1) serious injury of a person as determined by section 245.91, subdivision 6;
94.28 	(2) a person's death;
94.29 	(3) any medical emergency, unexpected serious illness, or significant unexpected change 
94.30 	in an illness or medical condition of a person that requires the program to call 911, physician 
94.31 	treatment, or hospitalization;
95.1 	(4) any mental health crisis that requires the program to call 911, a mental health crisis 
95.2 	intervention team, or a similar mental health response team or service when available and 
95.3 	appropriate;
95.4 	(5) an act or situation involving a person that requires the program to call 911, law 
95.5 	enforcement, or the fire department;
95.6 	(6) a person's unauthorized or unexplained absence from a program;
95.7 	(7) conduct by a person receiving services against another person receiving services 
95.8 	that:
95.9 	(i) is so severe, pervasive, or objectively offensive that it substantially interferes with a 
95.10 	person's opportunities to participate in or receive service or support;
95.11 	(ii) places the person in actual and reasonable fear of harm;
95.12 	(iii) places the person in actual and reasonable fear of damage to property of the person; 
95.13 	or
95.14 	(iv) substantially disrupts the orderly operation of the program;
95.15 	(8) any sexual activity between persons receiving services involving force or coercion 
95.16 	as defined under section 609.341, subdivisions 3 and 14;
95.17 	(9) any emergency use of manual restraint as identified in section 245D.061 or successor 
95.18 	provisions; or
95.19 	(10) a report of alleged or suspected child or vulnerable adult maltreatment under section 
95.20 	~~626.556 or~~626.557 or chapter 626B.

95.21 	Sec. 65. Minnesota Statutes 2016, section 245D.06, subdivision 1, is amended to read:
95.22 		Subdivision 1.Incident response and reporting.  (a) The license holder must respond 
95.23 	to incidents under section 245D.02, subdivision 11, that occur while providing services to 
95.24 	protect the health and safety of and minimize risk of harm to the person.
95.25 	(b) The license holder must maintain information about and report incidents to the 
95.26 	person's legal representative or designated emergency contact and case manager within 24 
95.27 	hours of an incident occurring while services are being provided, within 24 hours of discovery 
95.28 	or receipt of information that an incident occurred, unless the license holder has reason to 
95.29 	know that the incident has already been reported, or as otherwise directed in a person's 
95.30 	coordinated service and support plan or coordinated service and support plan addendum. 
95.31 	An incident of suspected or alleged maltreatment must be reported as required under 
96.1 	paragraph (d), and an incident of serious injury or death must be reported as required under 
96.2 	paragraph (e).
96.3 	(c) When the incident involves more than one person, the license holder must not disclose 
96.4 	personally identifiable information about any other person when making the report to each 
96.5 	person and case manager unless the license holder has the consent of the person.
96.6 	(d) Within 24 hours of reporting maltreatment as required under section ~~626.556 or~~
96.7 	626.557 or chapter 626B, the license holder must inform the case manager of the report 
96.8 	unless there is reason to believe that the case manager is involved in the suspected 
96.9 	maltreatment. The license holder must disclose the nature of the activity or occurrence 
96.10 	reported and the agency that received the report.
96.11 	(e) The license holder must report the death or serious injury of the person as required 
96.12 	in paragraph (b) and to the Department of Human Services Licensing Division, and the 
96.13 	Office of Ombudsman for Mental Health and Developmental Disabilities as required under 
96.14 	section 245.94, subdivision 2a, within 24 hours of the death or serious injury, or receipt of 
96.15 	information that the death or serious injury occurred, unless the license holder has reason 
96.16 	to know that the death or serious injury has already been reported.
96.17 	(f) When a death or serious injury occurs in a facility certified as an intermediate care 
96.18 	facility for persons with developmental disabilities, the death or serious injury must be 
96.19 	reported to the Department of Health, Office of Health Facility Complaints, and the Office 
96.20 	of Ombudsman for Mental Health and Developmental Disabilities, as required under sections 
96.21 	245.91 and 245.94, subdivision 2a, unless the license holder has reason to know that the 
96.22 	death or serious injury has already been reported.
96.23 	(g) The license holder must conduct an internal review of incident reports of deaths and 
96.24 	serious injuries that occurred while services were being provided and that were not reported 
96.25 	by the program as alleged or suspected maltreatment, for identification of incident patterns, 
96.26 	and implementation of corrective action as necessary to reduce occurrences. The review 
96.27 	must include an evaluation of whether related policies and procedures were followed, 
96.28 	whether the policies and procedures were adequate, whether there is a need for additional 
96.29 	staff training, whether the reported event is similar to past events with the persons or the 
96.30 	services involved, and whether there is a need for corrective action by the license holder to 
96.31 	protect the health and safety of persons receiving services. Based on the results of this 
96.32 	review, the license holder must develop, document, and implement a corrective action plan 
96.33 	designed to correct current lapses and prevent future lapses in performance by staff or the 
96.34 	license holder, if any.
97.1 	(h) The license holder must verbally report the emergency use of manual restraint of a 
97.2 	person as required in paragraph (b) within 24 hours of the occurrence. The license holder 
97.3 	must ensure the written report and internal review of all incident reports of the emergency 
97.4 	use of manual restraints are completed according to the requirements in section 245D.061
97.5 	or successor provisions.

97.6 	Sec. 66. Minnesota Statutes 2016, section 245D.06, subdivision 6, is amended to read:
97.7 		Subd. 6.Restricted procedures. (a) The following procedures are allowed when the 
97.8 	procedures are implemented in compliance with the standards governing their use as 
97.9 	identified in clauses (1) to (3). Allowed but restricted procedures include:
97.10 	(1) permitted actions and procedures subject to the requirements in subdivision 7;
97.11 	(2) procedures identified in a positive support transition plan subject to the requirements 
97.12 	in subdivision 8; or
97.13 	(3) emergency use of manual restraint subject to the requirements in section 245D.061.
97.14 	(b) A restricted procedure identified in paragraph (a) must not:
97.15 	(1) be implemented with a child in a manner that constitutes sexual abuse, neglect, 
97.16 	physical abuse, or mental injury, as defined in section ~~626.556, subdivision 2~~ 626B.02;
97.17 	(2) be implemented with an adult in a manner that constitutes abuse or neglect as defined 
97.18 	in section 626.5572, subdivision 2 or 17;
97.19 	(3) be implemented in a manner that violates a person's rights identified in section 
97.20 	245D.04;
97.21 	(4) restrict a person's normal access to a nutritious diet, drinking water, adequate 
97.22 	ventilation, necessary medical care, ordinary hygiene facilities, normal sleeping conditions, 
97.23 	necessary clothing, or any protection required by state licensing standards or federal 
97.24 	regulations governing the program;
97.25 	(5) deny the person visitation or ordinary contact with legal counsel, a legal representative, 
97.26 	or next of kin;
97.27 	(6) be used for the convenience of staff, as punishment, as a substitute for adequate 
97.28 	staffing, or as a consequence if the person refuses to participate in the treatment or services 
97.29 	provided by the program;
97.30 	(7) use prone restraint. For purposes of this section, "prone restraint" means use of 
97.31 	manual restraint that places a person in a face-down position. Prone restraint does not include 
98.1 	brief physical holding of a person who, during an emergency use of manual restraint, rolls 
98.2 	into a prone position, if the person is restored to a standing, sitting, or side-lying position 
98.3 	as quickly as possible;
98.4 	(8) apply back or chest pressure while a person is in a prone position as identified in 
98.5 	clause (7), supine position, or side-lying position; or
98.6 	(9) be implemented in a manner that is contraindicated for any of the person's known 
98.7 	medical or psychological limitations.

98.8 	Sec. 67. Minnesota Statutes 2017 Supplement, section 245D.09, subdivision 4, is amended 
98.9 	to read:
98.10 		Subd. 4.Orientation to program requirements.  Except for a license holder who does 
98.11 	not supervise any direct support staff, within 60 calendar days of hire, unless stated otherwise, 
98.12 	the license holder must provide and ensure completion of orientation sufficient to create 
98.13 	staff competency for direct support staff that combines supervised on-the-job training with 
98.14 	review of and instruction in the following areas:
98.15 	(1) the job description and how to complete specific job functions, including:
98.16 	(i) responding to and reporting incidents as required under section 245D.06, subdivision 
98.17 	1; and
98.18 	(ii) following safety practices established by the license holder and as required in section 
98.19 	245D.06, subdivision 2;
98.20 	(2) the license holder's current policies and procedures required under this chapter, 
98.21 	including their location and access, and staff responsibilities related to implementation of 
98.22 	those policies and procedures;
98.23 	(3) data privacy requirements according to sections 13.01 to 13.10 and 13.46, the federal 
98.24 	Health Insurance Portability and Accountability Act of 1996 (HIPAA), and staff 
98.25 	responsibilities related to complying with data privacy practices;
98.26 	(4) the service recipient rights and staff responsibilities related to ensuring the exercise 
98.27 	and protection of those rights according to the requirements in section 245D.04;
98.28 	(5) sections 245A.65, 245A.66, ~~626.556,~~ and 626.557, and chapter 626B, governing 
98.29 	maltreatment reporting and service planning for children and vulnerable adults, and staff 
98.30 	responsibilities related to protecting persons from maltreatment and reporting maltreatment. 
98.31 	This orientation must be provided within 72 hours of first providing direct contact services 
98.32 	and annually thereafter according to section 245A.65, subdivision 3;
99.1 	(6) the principles of person-centered service planning and delivery as identified in section 
99.2 	245D.07, subdivision 1a, and how they apply to direct support service provided by the staff 
99.3 	person;
99.4 	(7) the safe and correct use of manual restraint on an emergency basis according to the 
99.5 	requirements in section 245D.061 or successor provisions, and what constitutes the use of 
99.6 	restraints, time out, and seclusion, including chemical restraint;
99.7 	(8) staff responsibilities related to prohibited procedures under section 245D.06, 
99.8 	subdivision 5, or successor provisions, why such procedures are not effective for reducing 
99.9 	or eliminating symptoms or undesired behavior, and why such procedures are not safe;
99.10 	(9) basic first aid; and
99.11 	(10) other topics as determined necessary in the person's coordinated service and support 
99.12 	plan by the case manager or other areas identified by the license holder.

99.13 	Sec. 68. Minnesota Statutes 2016, section 245D.32, subdivision 5, is amended to read:
99.14 		Subd. 5.Investigations of alleged or suspected maltreatment. Nothing in this section 
99.15 	changes the commissioner's responsibilities to investigate alleged or suspected maltreatment 
99.16 	of a minor under ~~section 626.556~~ chapter 626B or a vulnerable adult under section 626.557.

99.17 	Sec. 69. Minnesota Statutes 2016, section 245F.04, subdivision 1, is amended to read:
99.18 		Subdivision 1.General application and license requirements. An applicant for licensure 
99.19 	as a clinically managed withdrawal management program or medically monitored withdrawal 
99.20 	management program must meet the following requirements, except where otherwise noted. 
99.21 	All programs must comply with federal requirements and the general requirements in 
99.22 	chapters 245A ~~and~~, 245C, and 626B, and sections ~~626.556,~~626.557~~,~~ and 626.5572. A 
99.23 	withdrawal management program must be located in a hospital licensed under sections 
99.24 	144.50 to 144.581, or must be a supervised living facility with a class B license from the 
99.25 	Department of Health under Minnesota Rules, parts 4665.0100 to 4665.9900.

99.26 	Sec. 70. Minnesota Statutes 2016, section 245F.15, subdivision 3, is amended to read:
99.27 		Subd. 3.Program director qualifications. A program director must:
99.28 	(1) have at least one year of work experience in direct service to individuals with 
99.29 	substance use disorders or one year of work experience in the management or administration 
99.30 	of direct service to individuals with substance use disorders;
100.1 	(2) have a baccalaureate degree or three years of work experience in administration or 
100.2 	personnel supervision in human services; and
100.3 	(3) know and understand the requirements of this chapter and chapters 245A ~~and~~, 245C, 
100.4 	and 626B, and sections 253B.04, 253B.05, ~~626.556,~~626.557, and 626.5572.

100.5 	Sec. 71. Minnesota Statutes 2016, section 245F.15, subdivision 5, is amended to read:
100.6 		Subd. 5.Responsible staff person qualifications. Each responsible staff person must 
100.7 	know and understand the requirements of this chapter, chapter 626B, and sections 245A.65, 
100.8 	253B.04, 253B.05, ~~626.556,~~626.557, and 626.5572. In a clinically managed program, the 
100.9 	responsible staff person must be a licensed practical nurse employed by or under contract 
100.10 	with the license holder. In a medically monitored program, the responsible staff person must 
100.11 	be a registered nurse, program director, or physician.

100.12 	Sec. 72. Minnesota Statutes 2016, section 245F.16, subdivision 1, is amended to read:
100.13 		Subdivision 1.Policy requirements. A license holder must have written personnel 
100.14 	policies and must make them available to staff members at all times. The personnel policies 
100.15 	must:
100.16 	(1) ensure that a staff member's retention, promotion, job assignment, or pay are not 
100.17 	affected by a good-faith communication between the staff member and the Department of 
100.18 	Human Services, Department of Health, Ombudsman for Mental Health and Developmental 
100.19 	Disabilities, law enforcement, or local agencies that investigate complaints regarding patient 
100.20 	rights, health, or safety;
100.21 	(2) include a job description for each position that specifies job responsibilities, degree 
100.22 	of authority to execute job responsibilities, standards of job performance related to specified 
100.23 	job responsibilities, and qualifications;
100.24 	(3) provide for written job performance evaluations for staff members of the license 
100.25 	holder at least annually;
100.26 	(4) describe behavior that constitutes grounds for disciplinary action, suspension, or 
100.27 	dismissal, including policies that address substance use problems and meet the requirements 
100.28 	of section 245F.15, subdivisions 1 and 2. The policies and procedures must list behaviors 
100.29 	or incidents that are considered substance use problems. The list must include:
100.30 	(i) receiving treatment for substance use disorder within the period specified for the 
100.31 	position in the staff qualification requirements;
101.1 	(ii) substance use that has a negative impact on the staff member's job performance;
101.2 	(iii) substance use that affects the credibility of treatment services with patients, referral 
101.3 	sources, or other members of the community; and
101.4 	(iv) symptoms of intoxication or withdrawal on the job;
101.5 	(5) include policies prohibiting personal involvement with patients and policies 
101.6 	prohibiting patient maltreatment as specified under ~~chapter~~ chapters 604 and 626B and 
101.7 	sections 245A.65, ~~626.556,~~626.557, and 626.5572;
101.8 	(6) include a chart or description of organizational structure indicating the lines of 
101.9 	authority and responsibilities;
101.10 	(7) include a written plan for new staff member orientation that, at a minimum, includes 
101.11 	training related to the specific job functions for which the staff member was hired, program 
101.12 	policies and procedures, patient needs, and the areas identified in subdivision 2, paragraphs 
101.13 	(b) to (e); and
101.14 	(8) include a policy on the confidentiality of patient information.

101.15 	Sec. 73. Minnesota Statutes 2016, section 245F.16, subdivision 2, is amended to read:
101.16 		Subd. 2.Staff development. (a) A license holder must ensure that each staff member 
101.17 	receives orientation training before providing direct patient care and at least 30 hours of 
101.18 	continuing education every two years. A written record must be kept to demonstrate 
101.19 	completion of training requirements.
101.20 	(b) Within 72 hours of beginning employment, all staff having direct patient contact 
101.21 	must be provided orientation on the following:
101.22 	(1) specific license holder and staff responsibilities for patient confidentiality;
101.23 	(2) standards governing the use of protective procedures;
101.24 	(3) patient ethical boundaries and patient rights, including the rights of patients admitted 
101.25 	under chapter 253B;
101.26 	(4) infection control procedures;
101.27 	(5) mandatory reporting under chapter 626B and sections 245A.65~~, 626.556,~~ and 626.557, 
101.28 	including specific training covering the facility's policies concerning obtaining patient 
101.29 	releases of information;
101.30 	(6) HIV minimum standards as required in section 245A.19;
102.1 	(7) motivational counseling techniques and identifying stages of change; and
102.2 	(8) eight hours of training on the program's protective procedures policy required in 
102.3 	section 245F.09, including:
102.4 	(i) approved therapeutic holds;
102.5 	(ii) protective procedures used to prevent patients from imminent danger of harming 
102.6 	self or others;
102.7 	(iii) the emergency conditions under which the protective procedures may be used, if 
102.8 	any;
102.9 	(iv) documentation standards for using protective procedures;
102.10 	(v) how to monitor and respond to patient distress; and
102.11 	(vi) person-centered planning and trauma-informed care.
102.12 	(c) All staff having direct patient contact must be provided annual training on the 
102.13 	following:
102.14 	(1) infection control procedures;
102.15 	(2) mandatory reporting under chapter 626B and sections 245A.65~~, 626.556,~~ and 626.557, 
102.16 	including specific training covering the facility's policies concerning obtaining patient 
102.17 	releases of information;
102.18 	(3) HIV minimum standards as required in section 245A.19; and
102.19 	(4) motivational counseling techniques and identifying stages of change.
102.20 	(d) All staff having direct patient contact must be provided training every two years on 
102.21 	the following:
102.22 	(1) specific license holder and staff responsibilities for patient confidentiality;
102.23 	(2) standards governing use of protective procedures, including:
102.24 	(i) approved therapeutic holds;
102.25 	(ii) protective procedures used to prevent patients from imminent danger of harming 
102.26 	self or others;
102.27 	(iii) the emergency conditions under which the protective procedures may be used, if 
102.28 	any;
102.29 	(iv) documentation standards for using protective procedures;
103.1 	(v) how to monitor and respond to patient distress; and
103.2 	(vi) person-centered planning and trauma-informed care; and
103.3 	(3) patient ethical boundaries and patient rights, including the rights of patients admitted 
103.4 	under chapter 253B.
103.5 	(e) Continuing education that is completed in areas outside of the required topics must 
103.6 	provide information to the staff person that is useful to the performance of the individual 
103.7 	staff person's duties.

103.8 	Sec. 74. Minnesota Statutes 2016, section 245F.18, is amended to read:
103.9 	245F.18 POLICY AND PROCEDURES MANUAL.
103.10 	A license holder must develop a written policy and procedures manual that is 
103.11 	alphabetically indexed and has a table of contents, so that staff have immediate access to 
103.12 	all policies and procedures, and that consumers of the services and other authorized parties 
103.13 	have access to all policies and procedures. The manual must contain the following materials:
103.14 	(1) a description of patient education services as required in section 245F.06;
103.15 	(2) personnel policies that comply with section 245F.16;
103.16 	(3) admission information and referral and discharge policies that comply with section 
103.17 	245F.05;
103.18 	(4) a health monitoring plan that complies with section 245F.12;
103.19 	(5) a protective procedures policy that complies with section 245F.09, if the program 
103.20 	elects to use protective procedures;
103.21 	(6) policies and procedures for assuring appropriate patient-to-staff ratios that comply 
103.22 	with section 245F.14;
103.23 	(7) policies and procedures for assessing and documenting the susceptibility for risk of 
103.24 	abuse to the patient as the basis for the individual abuse prevention plan required by section 
103.25 	245A.65;
103.26 	(8) procedures for mandatory reporting as required by sections 245A.65~~, 626.556,~~ and 
103.27 	626.557, and chapter 626B;
103.28 	(9) a medication control plan that complies with section 245F.13; and
103.29 	(10) policies and procedures regarding HIV that meet the minimum standards under 
103.30 	section 245A.19.

104.1 	Sec. 75. Minnesota Statutes 2017 Supplement, section 245G.03, subdivision 1, is amended 
104.2 	to read:
104.3 		Subdivision 1.License requirements. (a) An applicant for a license to provide substance 
104.4 	use disorder treatment must comply with the general requirements in chapters 245A ~~and~~,
104.5 	245C, ~~sections 626.556~~ and 626B, section626.557, and Minnesota Rules, chapter 9544.
104.6 	(b) The commissioner may grant variances to the requirements in this chapter that do 
104.7 	not affect the client's health or safety if the conditions in section 245A.04, subdivision 9, 
104.8 	are met.

104.9 	Sec. 76. Minnesota Statutes 2017 Supplement, section 245G.10, subdivision 3, is amended 
104.10 	to read:
104.11 		Subd. 3.Responsible staff member. A treatment director must designate a staff member 
104.12 	who, when present in the facility, is responsible for the delivery of treatment service. A 
104.13 	license holder must have a designated staff member during all hours of operation. A license 
104.14 	holder providing room and board and treatment at the same site must have a responsible 
104.15 	staff member on duty 24 hours a day. The designated staff member must know and understand 
104.16 	the implications of this chapter, chapter 626B, and sections 245A.65, ~~626.556,~~626.557, 
104.17 	and 626.5572.

104.18 	Sec. 77. Minnesota Statutes 2017 Supplement, section 245G.11, subdivision 3, is amended 
104.19 	to read:
104.20 		Subd. 3.Treatment directors. A treatment director must:
104.21 	(1) have at least one year of work experience in direct service to an individual with 
104.22 	substance use disorder or one year of work experience in the management or administration 
104.23 	of direct service to an individual with substance use disorder;
104.24 	(2) have a baccalaureate degree or three years of work experience in administration or 
104.25 	personnel supervision in human services; and
104.26 	(3) know and understand the implications of this chapter, ~~chapter~~ chapters 245A and 
104.27 	626B, and sections ~~626.556,~~626.557~~,~~ and 626.5572. Demonstration of the treatment director's 
104.28 	knowledge must be documented in the personnel record.

105.1 	Sec. 78. Minnesota Statutes 2017 Supplement, section 245G.11, subdivision 4, is amended 
105.2 	to read:
105.3 		Subd. 4.Alcohol and drug counselor supervisors. An alcohol and drug counselor 
105.4 	supervisor must:
105.5 	(1) meet the qualification requirements in subdivision 5;
105.6 	(2) have three or more years of experience providing individual and group counseling 
105.7 	to individuals with substance use disorder; and
105.8 	(3) know and understand the implications of this chapter, chapter 626B, and sections 
105.9 	245A.65, ~~626.556,~~626.557, and 626.5572.

105.10 	Sec. 79. Minnesota Statutes 2017 Supplement, section 245G.12, is amended to read:
105.11 	245G.12 PROVIDER POLICIES AND PROCEDURES.
105.12 	A license holder must develop a written policies and procedures manual, indexed 
105.13 	according to section 245A.04, subdivision 14, paragraph (c), that provides staff members 
105.14 	immediate access to all policies and procedures and provides a client and other authorized 
105.15 	parties access to all policies and procedures. The manual must contain the following 
105.16 	materials:
105.17 	(1) assessment and treatment planning policies, including screening for mental health 
105.18 	concerns and treatment objectives related to the client's identified mental health concerns 
105.19 	in the client's treatment plan;
105.20 	(2) policies and procedures regarding HIV according to section 245A.19;
105.21 	(3) the license holder's methods and resources to provide information on tuberculosis 
105.22 	and tuberculosis screening to each client and to report a known tuberculosis infection 
105.23 	according to section 144.4804;
105.24 	(4) personnel policies according to section 245G.13;
105.25 	(5) policies and procedures that protect a client's rights according to section 245G.15;
105.26 	(6) a medical services plan according to section 245G.08;
105.27 	(7) emergency procedures according to section 245G.16;
105.28 	(8) policies and procedures for maintaining client records according to section 245G.09;
105.29 	(9) procedures for reporting the maltreatment of minors according to ~~section 626.556~~
105.30 	chapter 626B, and vulnerable adults according to sections 245A.65, 626.557, and 626.5572;
106.1 	(10) a description of treatment services, including the amount and type of services 
106.2 	provided;
106.3 	(11) the methods used to achieve desired client outcomes;
106.4 	(12) the hours of operation; and
106.5 	(13) the target population served.

106.6 	Sec. 80. Minnesota Statutes 2017 Supplement, section 245G.13, subdivision 1, is amended 
106.7 	to read:
106.8 		Subdivision 1.Personnel policy requirements. A license holder must have written 
106.9 	personnel policies that are available to each staff member. The personnel policies must:
106.10 	(1) ensure that staff member retention, promotion, job assignment, or pay are not affected 
106.11 	by a good faith communication between a staff member and the department, the Department 
106.12 	of Health, the ombudsman for mental health and developmental disabilities, law enforcement, 
106.13 	or a local agency for the investigation of a complaint regarding a client's rights, health, or 
106.14 	safety;
106.15 	(2) contain a job description for each staff member position specifying responsibilities, 
106.16 	degree of authority to execute job responsibilities, and qualification requirements;
106.17 	(3) provide for a job performance evaluation based on standards of job performance 
106.18 	conducted on a regular and continuing basis, including a written annual review;
106.19 	(4) describe behavior that constitutes grounds for disciplinary action, suspension, or 
106.20 	dismissal, including policies that address staff member problematic substance use and the 
106.21 	requirements of section 245G.11, subdivision 1, policies prohibiting personal involvement 
106.22 	with a client in violation of chapter 604, and policies prohibiting client abuse described in 
106.23 	chapter 626B and sections 245A.65, ~~626.556,~~626.557, and 626.5572;
106.24 	(5) identify how the program will identify whether behaviors or incidents are problematic 
106.25 	substance use, including a description of how the facility must address:
106.26 	(i) receiving treatment for substance use within the period specified for the position in 
106.27 	the staff qualification requirements, including medication-assisted treatment;
106.28 	(ii) substance use that negatively impacts the staff member's job performance;
106.29 	(iii) chemical use that affects the credibility of treatment services with a client, referral 
106.30 	source, or other member of the community;
106.31 	(iv) symptoms of intoxication or withdrawal on the job; and
107.1 	(v) the circumstances under which an individual who participates in monitoring by the 
107.2 	health professional services program for a substance use or mental health disorder is able 
107.3 	to provide services to the program's clients;
107.4 	(6) include a chart or description of the organizational structure indicating lines of 
107.5 	authority and responsibilities;
107.6 	(7) include orientation within 24 working hours of starting for each new staff member 
107.7 	based on a written plan that, at a minimum, must provide training related to the staff member's 
107.8 	specific job responsibilities, policies and procedures, client confidentiality, HIV minimum 
107.9 	standards, and client needs; and
107.10 	(8) include policies outlining the license holder's response to a staff member with a 
107.11 	behavior problem that interferes with the provision of treatment service.

107.12 	Sec. 81. Minnesota Statutes 2017 Supplement, section 245G.13, subdivision 2, is amended 
107.13 	to read:
107.14 		Subd. 2.Staff development. (a) A license holder must ensure that each staff member 
107.15 	has the training described in this subdivision.
107.16 	(b) Each staff member must be trained every two years in:
107.17 	(1) client confidentiality rules and regulations and client ethical boundaries; and
107.18 	(2) emergency procedures and client rights as specified in sections 144.651, 148F.165, 
107.19 	and 253B.03.
107.20 	(c) Annually each staff member with direct contact must be trained on mandatory 
107.21 	reporting as specified in chapter 626B and sections 245A.65, ~~626.556,~~626.5561, 626.557, 
107.22 	and 626.5572, including specific training covering the license holder's policies for obtaining 
107.23 	a release of client information.
107.24 	(d) Upon employment and annually thereafter, each staff member with direct contact 
107.25 	must receive training on HIV minimum standards according to section 245A.19.
107.26 	(e) A treatment director, supervisor, nurse, or counselor must have a minimum of 12 
107.27 	hours of training in co-occurring disorders that includes competencies related to philosophy, 
107.28 	trauma-informed care, screening, assessment, diagnosis and person-centered treatment 
107.29 	planning, documentation, programming, medication, collaboration, mental health 
107.30 	consultation, and discharge planning. A new staff member who has not obtained the training 
107.31 	must complete the training within six months of employment. A staff member may request, 
108.1 	and the license holder may grant, credit for relevant training obtained before employment, 
108.2 	which must be documented in the staff member's personnel file.

108.3 	Sec. 82. Minnesota Statutes 2017 Supplement, section 245H.11, is amended to read:
108.4 	245H.11 REPORTING.
108.5 	(a) The certification holder must comply with the reporting requirements for abuse and 
108.6 	neglect specified in ~~section 626.556~~ chapter 626B. A person mandated to report physical 
108.7 	or sexual child abuse or neglect occurring within a certified center shall report the information 
108.8 	to the commissioner.
108.9 	(b) The certification holder must inform the commissioner within 24 hours of:
108.10 	(1) the death of a child in the program; and
108.11 	(2) any injury to a child in the program that required treatment by a physician.

108.12 	Sec. 83. Minnesota Statutes 2017 Supplement, section 254A.09, is amended to read:
108.13 	254A.09 CONFIDENTIALITY OF RECORDS.
108.14 	The Department of Human Services shall assure confidentiality to individuals who are 
108.15 	the subject of research by the state authority or are recipients of substance misuse or substance 
108.16 	use disorder information, assessment, or treatment from a licensed or approved program. 
108.17 	The commissioner shall withhold from all persons not connected with the conduct of the 
108.18 	research the names or other identifying characteristics of a subject of research unless the 
108.19 	individual gives written permission that information relative to treatment and recovery may 
108.20 	be released. Persons authorized to protect the privacy of subjects of research may not be 
108.21 	compelled in any federal, state or local, civil, criminal, administrative or other proceeding 
108.22 	to identify or disclose other confidential information about the individuals. Identifying 
108.23 	information and other confidential information related to substance misuse or substance use 
108.24 	disorder information, assessment, treatment, or aftercare services may be ordered to be 
108.25 	released by the court for the purpose of civil or criminal investigations or proceedings if, 
108.26 	after review of the records considered for disclosure, the court determines that the information 
108.27 	is relevant to the purpose for which disclosure is requested. The court shall order disclosure 
108.28 	of only that information which is determined relevant. In determining whether to compel 
108.29 	disclosure, the court shall weigh the public interest and the need for disclosure against the 
108.30 	injury to the patient, to the treatment relationship in the program affected and in other 
108.31 	programs similarly situated, and the actual or potential harm to the ability of programs to 
108.32 	attract and retain patients if disclosure occurs. This section does not exempt any person 
109.1 	from the reporting obligations under ~~section 626.556~~ chapter 626B, nor limit the use of 
109.2 	information reported in any proceeding arising out of the abuse or neglect of a child. 
109.3 	Identifying information and other confidential information related to substance misuse or 
109.4 	substance use disorder, assessment, treatment, or aftercare services may be ordered to be 
109.5 	released by the court for the purpose of civil or criminal investigations or proceedings. No 
109.6 	information may be released pursuant to this section that would not be released pursuant to 
109.7 	section 595.02, subdivision 2.

109.8 	Sec. 84. Minnesota Statutes 2017 Supplement, section 254B.04, subdivision 1, is amended 
109.9 	to read:
109.10 		Subdivision 1.Eligibility.  Persons eligible for benefits under Code of Federal 
109.11 	Regulations, title 25, part 20, and persons eligible for medical assistance benefits under 
109.12 	sections 256B.055, 256B.056, and 256B.057, subdivisions 1, 5, and 6, or who meet the 
109.13 	income standards of section 256B.056, subdivision 4, are entitled to chemical dependency 
109.14 	fund services. State money appropriated for this paragraph must be placed in a separate 
109.15 	account established for this purpose.
109.16 	Persons with dependent children who are determined to be in need of chemical 
109.17 	dependency treatment pursuant to an assessment under section ~~626.556, subdivision 10~~
109.18 	626B.09, or a case plan under section 260C.201, subdivision 6, or 260C.212, shall be assisted 
109.19 	by the local agency to access needed treatment services. Treatment services must be 
109.20 	appropriate for the individual or family, which may include long-term care treatment or 
109.21 	treatment in a facility that allows the dependent children to stay in the treatment facility. 
109.22 	The county shall pay for out-of-home placement costs, if applicable.

109.23 	Sec. 85. Minnesota Statutes 2016, section 256.01, subdivision 12, is amended to read:
109.24 		Subd. 12.Child mortality review panel. (a) The commissioner shall establish a child 
109.25 	mortality review panel to review deaths of children in Minnesota, including deaths attributed 
109.26 	to maltreatment or in which maltreatment may be a contributing cause and to review near 
109.27 	fatalities as defined in section ~~626.556, subdivision 11d~~ 626B.02. The commissioners of 
109.28 	health, education, and public safety and the attorney general shall each designate a 
109.29 	representative to the child mortality review panel. Other panel members shall be appointed 
109.30 	by the commissioner, including a board-certified pathologist and a physician who is a coroner 
109.31 	or a medical examiner. The purpose of the panel shall be to make recommendations to the 
109.32 	state and to county agencies for improving the child protection system, including 
109.33 	modifications in statute, rule, policy, and procedure.
110.1 	(b) The commissioner may require a county agency to establish a local child mortality 
110.2 	review panel. The commissioner may establish procedures for conducting local reviews 
110.3 	and may require that all professionals with knowledge of a child mortality case participate 
110.4 	in the local review. In this section, "professional" means a person licensed to perform or a 
110.5 	person performing a specific service in the child protective service system. "Professional" 
110.6 	includes law enforcement personnel, social service agency attorneys, educators, and social 
110.7 	service, health care, and mental health care providers.
110.8 	(c) If the commissioner of human services has reason to believe that a child's death was 
110.9 	caused by maltreatment or that maltreatment was a contributing cause, the commissioner 
110.10 	has access to not public data under chapter 13 maintained by state agencies, statewide 
110.11 	systems, or political subdivisions that are related to the child's death or circumstances 
110.12 	surrounding the care of the child. The commissioner shall also have access to records of 
110.13 	private hospitals as necessary to carry out the duties prescribed by this section. Access to 
110.14 	data under this paragraph is limited to police investigative data; autopsy records and coroner 
110.15 	or medical examiner investigative data; hospital, public health, or other medical records of 
110.16 	the child; hospital and other medical records of the child's parent that relate to prenatal care; 
110.17 	and records created by social service agencies that provided services to the child or family 
110.18 	within three years preceding the child's death. A state agency, statewide system, or political 
110.19 	subdivision shall provide the data upon request of the commissioner. Not public data may 
110.20 	be shared with members of the state or local child mortality review panel in connection with 
110.21 	an individual case.
110.22 	(d) Notwithstanding the data's classification in the possession of any other agency, data 
110.23 	acquired by a local or state child mortality review panel in the exercise of its duties is 
110.24 	protected nonpublic or confidential data as defined in section 13.02, but may be disclosed 
110.25 	as necessary to carry out the purposes of the review panel. The data is not subject to subpoena 
110.26 	or discovery. The commissioner may disclose conclusions of the review panel, but shall 
110.27 	not disclose data that was classified as confidential or private data on decedents, under 
110.28 	section 13.10, or private, confidential, or protected nonpublic data in the disseminating 
110.29 	agency, except that the commissioner may disclose local social service agency data as 
110.30 	provided in section ~~626.556, subdivision 11d~~ 626B.14, subdivision 5, on individual cases 
110.31 	involving a fatality or near fatality of a person served by the local social service agency 
110.32 	prior to the date of death.
110.33 	(e) A person attending a child mortality review panel meeting shall not disclose what 
110.34 	transpired at the meeting, except to carry out the purposes of the mortality review panel. 
110.35 	The proceedings and records of the mortality review panel are protected nonpublic data as 
111.1 	defined in section 13.02, subdivision 13, and are not subject to discovery or introduction 
111.2 	into evidence in a civil or criminal action against a professional, the state or a county agency, 
111.3 	arising out of the matters the panel is reviewing. Information, documents, and records 
111.4 	otherwise available from other sources are not immune from discovery or use in a civil or 
111.5 	criminal action solely because they were presented during proceedings of the review panel. 
111.6 	A person who presented information before the review panel or who is a member of the 
111.7 	panel shall not be prevented from testifying about matters within the person's knowledge. 
111.8 	However, in a civil or criminal proceeding a person shall not be questioned about the person's 
111.9 	presentation of information to the review panel or opinions formed by the person as a result 
111.10 	of the review meetings.

111.11 	Sec. 86. Minnesota Statutes 2016, section 256.01, subdivision 14b, is amended to read:
111.12 		Subd. 14b.American Indian child welfare projects. (a) The commissioner of human 
111.13 	services may authorize projects to test tribal delivery of child welfare services to American 
111.14 	Indian children and their parents and custodians living on the reservation. The commissioner 
111.15 	has authority to solicit and determine which tribes may participate in a project. Grants may 
111.16 	be issued to Minnesota Indian tribes to support the projects. The commissioner may waive 
111.17 	existing state rules as needed to accomplish the projects. The commissioner may authorize 
111.18 	projects to use alternative methods of (1) investigating and assessing reports of child 
111.19 	maltreatment, and (2) administrative reconsideration, administrative appeal, and judicial 
111.20 	appeal of maltreatment determinations, provided the alternative methods used by the projects 
111.21 	comply with the provisions of ~~sections~~ section256.045 and ~~626.556~~ chapter 626B dealing 
111.22 	with the rights of individuals who are the subjects of reports or investigations, including 
111.23 	notice and appeal rights and data practices requirements. The commissioner may seek any 
111.24 	federal approvals necessary to carry out the projects as well as seek and use any funds 
111.25 	available to the commissioner, including use of federal funds, foundation funds, existing 
111.26 	grant funds, and other funds. The commissioner is authorized to advance state funds as 
111.27 	necessary to operate the projects. Federal reimbursement applicable to the projects is 
111.28 	appropriated to the commissioner for the purposes of the projects. The projects must be 
111.29 	required to address responsibility for safety, permanency, and well-being of children.
111.30 	(b) For the purposes of this section, "American Indian child" means a person under 21 
111.31 	years old and who is a tribal member or eligible for membership in one of the tribes chosen 
111.32 	for a project under this subdivision and who is residing on the reservation of that tribe.
111.33 	(c) In order to qualify for an American Indian child welfare project, a tribe must:
111.34 	(1) be one of the existing tribes with reservation land in Minnesota;
112.1 	(2) have a tribal court with jurisdiction over child custody proceedings;
112.2 	(3) have a substantial number of children for whom determinations of maltreatment have 
112.3 	occurred;
112.4 	(4) have capacity to respond to reports of abuse and neglect under ~~section 626.556~~
112.5 	chapter 626B;
112.6 	(5) provide a wide range of services to families in need of child welfare services; and
112.7 	(6) have a tribal-state title IV-E agreement in effect.
112.8 	(d) Grants awarded under this section may be used for the nonfederal costs of providing 
112.9 	child welfare services to American Indian children on the tribe's reservation, including costs 
112.10 	associated with:
112.11 	(1) assessment and prevention of child abuse and neglect;
112.12 	(2) family preservation;
112.13 	(3) facilitative, supportive, and reunification services;
112.14 	(4) out-of-home placement for children removed from the home for child protective 
112.15 	purposes; and
112.16 	(5) other activities and services approved by the commissioner that further the goals of 
112.17 	providing safety, permanency, and well-being of American Indian children.
112.18 	(e) When a tribe has initiated a project and has been approved by the commissioner to 
112.19 	assume child welfare responsibilities for American Indian children of that tribe under this 
112.20 	section, the affected county social service agency is relieved of responsibility for responding 
112.21 	to reports of abuse and neglect under ~~section 626.556~~ chapter 626B for those children during 
112.22 	the time within which the tribal project is in effect and funded. The commissioner shall 
112.23 	work with tribes and affected counties to develop procedures for data collection, evaluation, 
112.24 	and clarification of ongoing role and financial responsibilities of the county and tribe for 
112.25 	child welfare services prior to initiation of the project. Children who have not been identified 
112.26 	by the tribe as participating in the project shall remain the responsibility of the county. 
112.27 	Nothing in this section shall alter responsibilities of the county for law enforcement or court 
112.28 	services.
112.29 	(f) Participating tribes may conduct children's mental health screenings under section 
112.30 	245.4874, subdivision 1, paragraph (a), clause (12), for children who are eligible for the 
112.31 	initiative and living on the reservation and who meet one of the following criteria:
112.32 	(1) the child must be receiving child protective services;
113.1 	(2) the child must be in foster care; or
113.2 	(3) the child's parents must have had parental rights suspended or terminated.
113.3 	Tribes may access reimbursement from available state funds for conducting the screenings. 
113.4 	Nothing in this section shall alter responsibilities of the county for providing services under 
113.5 	section 245.487.
113.6 	(g) Participating tribes may establish a local child mortality review panel. In establishing 
113.7 	a local child mortality review panel, the tribe agrees to conduct local child mortality reviews 
113.8 	for child deaths or near-fatalities occurring on the reservation under subdivision 12. Tribes 
113.9 	with established child mortality review panels shall have access to nonpublic data and shall 
113.10 	protect nonpublic data under subdivision 12, paragraphs (c) to (e). The tribe shall provide 
113.11 	written notice to the commissioner and affected counties when a local child mortality review 
113.12 	panel has been established and shall provide data upon request of the commissioner for 
113.13 	purposes of sharing nonpublic data with members of the state child mortality review panel 
113.14 	in connection to an individual case.
113.15 	(h) The commissioner shall collect information on outcomes relating to child safety, 
113.16 	permanency, and well-being of American Indian children who are served in the projects. 
113.17 	Participating tribes must provide information to the state in a format and completeness 
113.18 	deemed acceptable by the state to meet state and federal reporting requirements.
113.19 	(i) In consultation with the White Earth Band, the commissioner shall develop and submit 
113.20 	to the chairs and ranking minority members of the legislative committees with jurisdiction 
113.21 	over health and human services a plan to transfer legal responsibility for providing child 
113.22 	protective services to White Earth Band member children residing in Hennepin County to 
113.23 	the White Earth Band. The plan shall include a financing proposal, definitions of key terms, 
113.24 	statutory amendments required, and other provisions required to implement the plan. The 
113.25 	commissioner shall submit the plan by January 15, 2012.

113.26 	Sec. 87. Minnesota Statutes 2016, section 256.01, subdivision 15, is amended to read:
113.27 		Subd. 15.Citizen review panels. (a) The commissioner shall establish a minimum of 
113.28 	three citizen review panels to examine the policies and procedures of state and local welfare 
113.29 	agencies to evaluate the extent to which the agencies are effectively discharging their child 
113.30 	protection responsibilities. Local social service agencies shall cooperate and work with the 
113.31 	citizen review panels. Where appropriate, the panels may examine specific cases to evaluate 
113.32 	the effectiveness of child protection activities. The panels must examine the extent to which 
113.33 	the state and local agencies are meeting the requirements of the federal Child Abuse 
114.1 	Prevention and Treatment Act and the Reporting of Maltreatment of Minors Act. The 
114.2 	commissioner may authorize mortality review panels or child protection teams to carry out 
114.3 	the duties of a citizen review panel if membership meets or is expanded to meet the 
114.4 	requirements of this section.
114.5 	(b) The panel membership must include volunteers who broadly represent the community 
114.6 	in which the panel is established, including members who have expertise in the prevention 
114.7 	and treatment of child abuse and neglect, child protection advocates, and representatives of 
114.8 	the councils of color and ombudsperson for families.
114.9 	(c) A citizen review panel has access to the following data for specific case review under 
114.10 	this paragraph: police investigative data; autopsy records and coroner or medical examiner 
114.11 	investigative data; hospital, public health, or other medical records of the child; hospital 
114.12 	and other medical records of the child's parent that relate to prenatal care; records created 
114.13 	by social service agencies that provided services to the child or family; and personnel data 
114.14 	related to an employee's performance in discharging child protection responsibilities. A 
114.15 	state agency, statewide system, or political subdivision shall provide the data upon request 
114.16 	of the commissioner. Not public data may be shared with members of the state or local 
114.17 	citizen review panel in connection with an individual case.
114.18 	(d) Notwithstanding the data's classification in the possession of any other agency, data 
114.19 	acquired by a local or state citizen review panel in the exercise of its duties are protected 
114.20 	nonpublic or confidential data as defined in section 13.02, but may be disclosed as necessary 
114.21 	to carry out the purposes of the review panel. The data are not subject to subpoena or 
114.22 	discovery. The commissioner may disclose conclusions of the review panel, but may not 
114.23 	disclose data on individuals that were classified as confidential or private data on individuals 
114.24 	in the possession of the state agency, statewide system, or political subdivision from which 
114.25 	the data were received, except that the commissioner may disclose local social service 
114.26 	agency data as provided in section ~~626.556, subdivision 11d~~ 626B.14, subdivision 5, on 
114.27 	individual cases involving a fatality or near fatality of a person served by the local social 
114.28 	service agency prior to the date of death.
114.29 	(e) A person attending a citizen review panel meeting may not disclose what transpired 
114.30 	at the meeting, except to carry out the purposes of the review panel. The proceedings and 
114.31 	records of the review panel are protected nonpublic data as defined in section 13.02, 
114.32 	subdivision 13, and are not subject to discovery or introduction into evidence in a civil or 
114.33 	criminal action against a professional, the state, or county agency arising out of the matters 
114.34 	the panel is reviewing. Information, documents, and records otherwise available from other 
114.35 	sources are not immune from discovery or use in a civil or criminal action solely because 
115.1 	they were presented during proceedings of the review panel. A person who presented 
115.2 	information before the review panel or who is a member of the panel is not prevented from 
115.3 	testifying about matters within the person's knowledge. However, in a civil or criminal 
115.4 	proceeding, a person must not be questioned about the person's presentation of information 
115.5 	to the review panel or opinions formed by the person as a result of the review panel meetings.

115.6 	Sec. 88. Minnesota Statutes 2017 Supplement, section 256.045, subdivision 3, is amended 
115.7 	to read:
115.8 		Subd. 3.State agency hearings. (a) State agency hearings are available for the following:
115.9 	(1) any person applying for, receiving or having received public assistance, medical 
115.10 	care, or a program of social services granted by the state agency or a county agency or the 
115.11 	federal Food Stamp Act whose application for assistance is denied, not acted upon with 
115.12 	reasonable promptness, or whose assistance is suspended, reduced, terminated, or claimed 
115.13 	to have been incorrectly paid;
115.14 	(2) any patient or relative aggrieved by an order of the commissioner under section 
115.15 	252.27;
115.16 	(3) a party aggrieved by a ruling of a prepaid health plan;
115.17 	(4) except as provided under chapter 245C, any individual or facility determined by a 
115.18 	lead investigative agency to have maltreated a vulnerable adult under section 626.557 after 
115.19 	they have exercised their right to administrative reconsideration under section 626.557;
115.20 	(5) any person whose claim for foster care payment according to a placement of the 
115.21 	child resulting from a child protection assessment under ~~section 626.556~~ chapter 626B is 
115.22 	denied or not acted upon with reasonable promptness, regardless of funding source;
115.23 	(6) any person to whom a right of appeal according to this section is given by other 
115.24 	provision of law;
115.25 	(7) an applicant aggrieved by an adverse decision to an application for a hardship waiver 
115.26 	under section 256B.15;
115.27 	(8) an applicant aggrieved by an adverse decision to an application or redetermination 
115.28 	for a Medicare Part D prescription drug subsidy under section 256B.04, subdivision 4a;
115.29 	(9) except as provided under chapter 245A, an individual or facility determined to have 
115.30 	maltreated a minor under ~~section 626.556~~ chapter 626B, after the individual or facility has 
115.31 	exercised the right to administrative reconsideration under ~~section 626.556~~ chapter 626B;
116.1 	(10) except as provided under chapter 245C, an individual disqualified under sections 
116.2 	245C.14 and 245C.15, following a reconsideration decision issued under section 245C.23, 
116.3 	on the basis of serious or recurring maltreatment; a preponderance of the evidence that the 
116.4 	individual has committed an act or acts that meet the definition of any of the crimes listed 
116.5 	in section 245C.15, subdivisions 1 to 4; or for failing to make reports required under section 
116.6 	~~626.556, subdivision 3, or~~626.557, subdivision 3, or 626B.03. Hearings regarding a 
116.7 	maltreatment determination under clause (4) or (9) and a disqualification under this clause 
116.8 	in which the basis for a disqualification is serious or recurring maltreatment, shall be 
116.9 	consolidated into a single fair hearing. In such cases, the scope of review by the human 
116.10 	services judge shall include both the maltreatment determination and the disqualification. 
116.11 	The failure to exercise the right to an administrative reconsideration shall not be a bar to a 
116.12 	hearing under this section if federal law provides an individual the right to a hearing to 
116.13 	dispute a finding of maltreatment;
116.14 	(11) any person with an outstanding debt resulting from receipt of public assistance, 
116.15 	medical care, or the federal Food Stamp Act who is contesting a setoff claim by the 
116.16 	Department of Human Services or a county agency. The scope of the appeal is the validity 
116.17 	of the claimant agency's intention to request a setoff of a refund under chapter 270A against 
116.18 	the debt;
116.19 	(12) a person issued a notice of service termination under section 245D.10, subdivision 
116.20 	3a, from residential supports and services as defined in section 245D.03, subdivision 1, 
116.21 	paragraph (c), clause (3), that is not otherwise subject to appeal under subdivision 4a;
116.22 	(13) an individual disability waiver recipient based on a denial of a request for a rate 
116.23 	exception under section 256B.4914; or
116.24 	(14) a person issued a notice of service termination under section 245A.11, subdivision 
116.25 	11, that is not otherwise subject to appeal under subdivision 4a.
116.26 	(b) The hearing for an individual or facility under paragraph (a), clause (4), (9), or (10), 
116.27 	is the only administrative appeal to the final agency determination specifically, including 
116.28 	a challenge to the accuracy and completeness of data under section 13.04. Hearings requested 
116.29 	under paragraph (a), clause (4), apply only to incidents of maltreatment that occur on or 
116.30 	after October 1, 1995. Hearings requested by nursing assistants in nursing homes alleged 
116.31 	to have maltreated a resident prior to October 1, 1995, shall be held as a contested case 
116.32 	proceeding under the provisions of chapter 14. Hearings requested under paragraph (a), 
116.33 	clause (9), apply only to incidents of maltreatment that occur on or after July 1, 1997. A 
116.34 	hearing for an individual or facility under paragraph (a), clauses (4), (9), and (10), is only 
117.1 	available when there is no district court action pending. If such action is filed in district 
117.2 	court while an administrative review is pending that arises out of some or all of the events 
117.3 	or circumstances on which the appeal is based, the administrative review must be suspended 
117.4 	until the judicial actions are completed. If the district court proceedings are completed, 
117.5 	dismissed, or overturned, the matter may be considered in an administrative hearing.
117.6 	(c) For purposes of this section, bargaining unit grievance procedures are not an 
117.7 	administrative appeal.
117.8 	(d) The scope of hearings involving claims to foster care payments under paragraph (a), 
117.9 	clause (5), shall be limited to the issue of whether the county is legally responsible for a 
117.10 	child's placement under court order or voluntary placement agreement and, if so, the correct 
117.11 	amount of foster care payment to be made on the child's behalf and shall not include review 
117.12 	of the propriety of the county's child protection determination or child placement decision.
117.13 	(e) The scope of hearings under paragraph (a), clauses (12) and (14), shall be limited to 
117.14 	whether the proposed termination of services is authorized under section 245D.10, 
117.15 	subdivision 3a, paragraph (b), or 245A.11, subdivision 11, and whether the requirements 
117.16 	of section 245D.10, subdivision 3a, paragraphs (c) to (e), or 245A.11, subdivision 2a, 
117.17 	paragraphs (d) to (f), were met. If the appeal includes a request for a temporary stay of 
117.18 	termination of services, the scope of the hearing shall also include whether the case 
117.19 	management provider has finalized arrangements for a residential facility, a program, or 
117.20 	services that will meet the assessed needs of the recipient by the effective date of the service 
117.21 	termination.
117.22 	(f) A vendor of medical care as defined in section 256B.02, subdivision 7, or a vendor 
117.23 	under contract with a county agency to provide social services is not a party and may not 
117.24 	request a hearing under this section, except if assisting a recipient as provided in subdivision 
117.25 	4.
117.26 	(g) An applicant or recipient is not entitled to receive social services beyond the services 
117.27 	prescribed under chapter 256M or other social services the person is eligible for under state 
117.28 	law.
117.29 	(h) The commissioner may summarily affirm the county or state agency's proposed 
117.30 	action without a hearing when the sole issue is an automatic change due to a change in state 
117.31 	or federal law.
117.32 	(i) Unless federal or Minnesota law specifies a different time frame in which to file an 
117.33 	appeal, an individual or organization specified in this section may contest the specified 
117.34 	action, decision, or final disposition before the state agency by submitting a written request 
118.1 	for a hearing to the state agency within 30 days after receiving written notice of the action, 
118.2 	decision, or final disposition, or within 90 days of such written notice if the applicant, 
118.3 	recipient, patient, or relative shows good cause, as defined in section 256.0451, subdivision 
118.4 	13, why the request was not submitted within the 30-day time limit. The individual filing 
118.5 	the appeal has the burden of proving good cause by a preponderance of the evidence.

118.6 	Sec. 89. Minnesota Statutes 2017 Supplement, section 256.045, subdivision 3b, is amended 
118.7 	to read:
118.8 		Subd. 3b.Standard of evidence for maltreatment and disqualification hearings. (a) 
118.9 	The state human services judge shall determine that maltreatment has occurred if a 
118.10 	preponderance of evidence exists to support the final disposition under ~~sections 626.556~~ 
118.11 	~~and~~ section626.557 and chapter 626B. For purposes of hearings regarding disqualification, 
118.12 	the state human services judge shall affirm the proposed disqualification in an appeal under 
118.13 	subdivision 3, paragraph (a), clause (10), if a preponderance of the evidence shows the 
118.14 	individual has:
118.15 	(1) committed maltreatment under section ~~626.556 or~~626.557 or chapter 626B, which 
118.16 	is serious or recurring;
118.17 	(2) committed an act or acts meeting the definition of any of the crimes listed in section 
118.18 	245C.15, subdivisions 1 to 4; or
118.19 	(3) failed to make required reports under section ~~626.556 or~~626.557 or chapter 626B, 
118.20 	for incidents in which the final disposition under section ~~626.556 or~~626.557 or chapter 
118.21 	626B was substantiated maltreatment that was serious or recurring.
118.22 	(b) If the disqualification is affirmed, the state human services judge shall determine 
118.23 	whether the individual poses a risk of harm in accordance with the requirements of section 
118.24 	245C.22, and whether the disqualification should be set aside or not set aside. In determining 
118.25 	whether the disqualification should be set aside, the human services judge shall consider 
118.26 	all of the characteristics that cause the individual to be disqualified, including those 
118.27 	characteristics that were not subject to review under paragraph (a), in order to determine 
118.28 	whether the individual poses a risk of harm. A decision to set aside a disqualification that 
118.29 	is the subject of the hearing constitutes a determination that the individual does not pose a 
118.30 	risk of harm and that the individual may provide direct contact services in the individual 
118.31 	program specified in the set aside.
119.1 	(c) If a disqualification is based solely on a conviction or is conclusive for any reason 
119.2 	under section 245C.29, the disqualified individual does not have a right to a hearing under 
119.3 	this section.
119.4 	(d) The state human services judge shall recommend an order to the commissioner of 
119.5 	health, education, or human services, as applicable, who shall issue a final order. The 
119.6 	commissioner shall affirm, reverse, or modify the final disposition. Any order of the 
119.7 	commissioner issued in accordance with this subdivision is conclusive upon the parties 
119.8 	unless appeal is taken in the manner provided in subdivision 7. In any licensing appeal under 
119.9 	chapters 245A and 245C and sections 144.50 to 144.58 and 144A.02 to 144A.482, the 
119.10 	commissioner's determination as to maltreatment is conclusive, as provided under section 
119.11 	245C.29.

119.12 	Sec. 90. Minnesota Statutes 2017 Supplement, section 256.045, subdivision 4, is amended 
119.13 	to read:
119.14 		Subd. 4.Conduct of hearings. (a) All hearings held pursuant to subdivision 3, 3a, 3b, 
119.15 	or 4a shall be conducted according to the provisions of the federal Social Security Act and 
119.16 	the regulations implemented in accordance with that act to enable this state to qualify for 
119.17 	federal grants-in-aid, and according to the rules and written policies of the commissioner 
119.18 	of human services. County agencies shall install equipment necessary to conduct telephone 
119.19 	hearings. A state human services judge may schedule a telephone conference hearing when 
119.20 	the distance or time required to travel to the county agency offices will cause a delay in the 
119.21 	issuance of an order, or to promote efficiency, or at the mutual request of the parties. Hearings 
119.22 	may be conducted by telephone conferences unless the applicant, recipient, former recipient, 
119.23 	person, or facility contesting maltreatment objects. A human services judge may grant a 
119.24 	request for a hearing in person by holding the hearing by interactive video technology or 
119.25 	in person. The human services judge must hear the case in person if the person asserts that 
119.26 	either the person or a witness has a physical or mental disability that would impair the 
119.27 	person's or witness's ability to fully participate in a hearing held by interactive video 
119.28 	technology. The hearing shall not be held earlier than five days after filing of the required 
119.29 	notice with the county or state agency. The state human services judge shall notify all 
119.30 	interested persons of the time, date, and location of the hearing at least five days before the 
119.31 	date of the hearing. Interested persons may be represented by legal counsel or other 
119.32 	representative of their choice, including a provider of therapy services, at the hearing and 
119.33 	may appear personally, testify and offer evidence, and examine and cross-examine witnesses. 
119.34 	The applicant, recipient, former recipient, person, or facility contesting maltreatment shall 
119.35 	have the opportunity to examine the contents of the case file and all documents and records 
120.1 	to be used by the county or state agency at the hearing at a reasonable time before the date 
120.2 	of the hearing and during the hearing. In hearings under subdivision 3, paragraph (a), clauses 
120.3 	(4), (9), and (10), either party may subpoena the private data relating to the investigation 
120.4 	prepared by the agency under section ~~626.556 or~~626.557 or chapter 626B that is not 
120.5 	otherwise accessible under section 13.04, provided the identity of the reporter may not be 
120.6 	disclosed.
120.7 	(b) The private data obtained by subpoena in a hearing under subdivision 3, paragraph 
120.8 	(a), clause (4), (9), or (10), must be subject to a protective order which prohibits its disclosure 
120.9 	for any other purpose outside the hearing provided for in this section without prior order of 
120.10 	the district court. Disclosure without court order is punishable by a sentence of not more 
120.11 	than 90 days imprisonment or a fine of not more than $1,000, or both. These restrictions on 
120.12 	the use of private data do not prohibit access to the data under section 13.03, subdivision 
120.13 	6. Except for appeals under subdivision 3, paragraph (a), clauses (4), (5), (9), and (10), upon 
120.14 	request, the county agency shall provide reimbursement for transportation, child care, 
120.15 	photocopying, medical assessment, witness fee, and other necessary and reasonable costs 
120.16 	incurred by the applicant, recipient, or former recipient in connection with the appeal. All 
120.17 	evidence, except that privileged by law, commonly accepted by reasonable people in the 
120.18 	conduct of their affairs as having probative value with respect to the issues shall be submitted 
120.19 	at the hearing and such hearing shall not be "a contested case" within the meaning of section 
120.20 	14.02, subdivision 3. The agency must present its evidence prior to or at the hearing, and 
120.21 	may not submit evidence after the hearing except by agreement of the parties at the hearing, 
120.22 	provided the petitioner has the opportunity to respond.
120.23 	(c) In hearings under subdivision 3, paragraph (a), clauses (4), (9), and (10), involving 
120.24 	determinations of maltreatment or disqualification made by more than one county agency, 
120.25 	by a county agency and a state agency, or by more than one state agency, the hearings may 
120.26 	be consolidated into a single fair hearing upon the consent of all parties and the state human 
120.27 	services judge.
120.28 	(d) For hearings under subdivision 3, paragraph (a), clause (4) or (10), involving a 
120.29 	vulnerable adult, the human services judge shall notify the vulnerable adult who is the 
120.30 	subject of the maltreatment determination and, if known, a guardian of the vulnerable adult 
120.31 	appointed under section 524.5-310, or a health care agent designated by the vulnerable adult 
120.32 	in a health care directive that is currently effective under section 145C.06 and whose authority 
120.33 	to make health care decisions is not suspended under section 524.5-310, of the hearing. The 
120.34 	notice must be sent by certified mail and inform the vulnerable adult of the right to file a 
120.35 	signed written statement in the proceedings. A guardian or health care agent who prepares 
121.1 	or files a written statement for the vulnerable adult must indicate in the statement that the 
121.2 	person is the vulnerable adult's guardian or health care agent and sign the statement in that 
121.3 	capacity. The vulnerable adult, the guardian, or the health care agent may file a written 
121.4 	statement with the human services judge hearing the case no later than five business days 
121.5 	before commencement of the hearing. The human services judge shall include the written 
121.6 	statement in the hearing record and consider the statement in deciding the appeal. This 
121.7 	subdivision does not limit, prevent, or excuse the vulnerable adult from being called as a 
121.8 	witness testifying at the hearing or grant the vulnerable adult, the guardian, or health care 
121.9 	agent a right to participate in the proceedings or appeal the human services judge's decision 
121.10 	in the case. The lead investigative agency must consider including the vulnerable adult 
121.11 	victim of maltreatment as a witness in the hearing. If the lead investigative agency determines 
121.12 	that participation in the hearing would endanger the well-being of the vulnerable adult or 
121.13 	not be in the best interests of the vulnerable adult, the lead investigative agency shall inform 
121.14 	the human services judge of the basis for this determination, which must be included in the 
121.15 	final order. If the human services judge is not reasonably able to determine the address of 
121.16 	the vulnerable adult, the guardian, or the health care agent, the human services judge is not 
121.17 	required to send a hearing notice under this subdivision.

121.18 	Sec. 91. Minnesota Statutes 2016, section 256B.0621, subdivision 4, is amended to read:
121.19 		Subd. 4.Relocation targeted county case management provider qualifications. (a) 
121.20 	A relocation targeted county case management provider is an enrolled medical assistance 
121.21 	provider who is determined by the commissioner to have all of the following characteristics:
121.22 	(1) the legal authority to provide public welfare under sections 393.01, subdivision 7; 
121.23 	and 393.07; or a federally recognized Indian tribe;
121.24 	(2) the demonstrated capacity and experience to provide the components of case 
121.25 	management to coordinate and link community resources needed by the eligible population;
121.26 	(3) the administrative capacity and experience to serve the target population for whom 
121.27 	it will provide services and ensure quality of services under state and federal requirements;
121.28 	(4) the legal authority to provide complete investigative and protective services under 
121.29 	~~section 626.556, subdivision 10~~ sections 626B.05, 626B.07, 626B.09, and 626B.10; and 
121.30 	child welfare and foster care services under section 393.07, subdivisions 1 and 2; or a 
121.31 	federally recognized Indian tribe;
121.32 	(5) a financial management system that provides accurate documentation of services 
121.33 	and costs under state and federal requirements; and
122.1 	(6) the capacity to document and maintain individual case records under state and federal 
122.2 	requirements.
122.3 	(b) A provider of targeted case management under section 256B.0625, subdivision 20, 
122.4 	may be deemed a certified provider of relocation targeted case management.
122.5 	(c) A relocation targeted county case management provider may subcontract with another 
122.6 	provider to deliver relocation targeted case management services. Subcontracted providers 
122.7 	must demonstrate the ability to provide the services outlined in subdivision 6, and have a 
122.8 	procedure in place that notifies the recipient and the recipient's legal representative of any 
122.9 	conflict of interest if the contracted targeted case management provider also provides, or 
122.10 	will provide, the recipient's services and supports. Counties must require that contracted 
122.11 	providers must provide information on all conflicts of interest and obtain the recipient's 
122.12 	informed consent or provide the recipient with alternatives.

122.13 	Sec. 92. Minnesota Statutes 2016, section 256B.0625, subdivision 33, is amended to read:
122.14 		Subd. 33.Child welfare targeted case management. Medical assistance, subject to 
122.15 	federal approval, covers child welfare targeted case management services as defined in 
122.16 	section 256B.094 to children under age 21 who have been assessed and determined in 
122.17 	accordance with section 256F.10 to be:
122.18 	(1) at risk of placement or in placement as defined in section 260C.212, subdivision 1;
122.19 	(2) at risk of maltreatment or experiencing maltreatment as defined in section ~~626.556,~~ 
122.20 	~~subdivision 10e~~ 626B.11; or
122.21 	(3) in need of protection or services as defined in section 260C.007, subdivision 6.

122.22 	Sec. 93. Minnesota Statutes 2016, section 256B.0945, subdivision 1, is amended to read:
122.23 		Subdivision 1.Residential services; provider qualifications. (a) Counties must arrange 
122.24 	to provide residential services for children with severe emotional disturbance according to 
122.25 	sections 245.4882, 245.4885, and this section.
122.26 	(b) Services must be provided by a facility that is licensed according to section 245.4882
122.27 	and administrative rules promulgated thereunder, and under contract with the county.
122.28 	(c) Eligible service costs may be claimed for a facility that is located in a state that 
122.29 	borders Minnesota if:
122.30 	(1) the facility is the closest facility to the child's home, providing the appropriate level 
122.31 	of care; and
123.1 	(2) the commissioner of human services has completed an inspection of the out-of-state 
123.2 	program according to the interagency agreement with the commissioner of corrections under 
123.3 	section 260B.198, subdivision 11, paragraph (b), and the program has been certified by the 
123.4 	commissioner of corrections under section 260B.198, subdivision 11, paragraph (a), to 
123.5 	substantially meet the standards applicable to children's residential mental health treatment 
123.6 	programs under Minnesota Rules, chapter 2960. Nothing in this section requires the 
123.7 	commissioner of human services to enforce the background study requirements under chapter 
123.8 	245C or the requirements related to prevention and investigation of alleged maltreatment 
123.9 	under section ~~626.556 or~~626.557 or chapter 626B. Complaints received by the commissioner 
123.10 	of human services must be referred to the out-of-state licensing authority for possible 
123.11 	follow-up.
123.12 	(d) Notwithstanding paragraph (b), eligible service costs may be claimed for an 
123.13 	out-of-state inpatient treatment facility if:
123.14 	(1) the facility specializes in providing mental health services to children who are deaf, 
123.15 	deafblind, or hard-of-hearing and who use American Sign Language as their first language;
123.16 	(2) the facility is licensed by the state in which it is located; and
123.17 	(3) the state in which the facility is located is a member state of the Interstate Compact 
123.18 	on Mental Health.

123.19 	Sec. 94. Minnesota Statutes 2017 Supplement, section 256B.0949, subdivision 16, is 
123.20 	amended to read:
123.21 		Subd. 16.Agency duties. (a) An agency delivering an EIDBI service under this section 
123.22 	must:
123.23 	(1) enroll as a medical assistance Minnesota health care program provider according to 
123.24 	Minnesota Rules, part 9505.0195, and section 256B.04, subdivision 21, and meet all 
123.25 	applicable provider standards and requirements;
123.26 	(2) demonstrate compliance with federal and state laws for EIDBI service;
123.27 	(3) verify and maintain records of a service provided to the person or the person's legal 
123.28 	representative as required under Minnesota Rules, parts 9505.2175 and 9505.2197;
123.29 	(4) demonstrate that while enrolled or seeking enrollment as a Minnesota health care 
123.30 	program provider the agency did not have a lead agency contract or provider agreement 
123.31 	discontinued because of a conviction of fraud; or did not have an owner, board member, or 
123.32 	manager fail a state or federal criminal background check or appear on the list of excluded 
124.1 	individuals or entities maintained by the federal Department of Human Services Office of 
124.2 	Inspector General;
124.3 	(5) have established business practices including written policies and procedures, internal 
124.4 	controls, and a system that demonstrates the organization's ability to deliver quality EIDBI 
124.5 	services;
124.6 	(6) have an office located in Minnesota;
124.7 	(7) conduct a criminal background check on an individual who has direct contact with 
124.8 	the person or the person's legal representative;
124.9 	(8) report maltreatment according to ~~sections 626.556~~ chapter 626B and section 626.557;
124.10 	(9) comply with any data requests consistent with the Minnesota Government Data 
124.11 	Practices Act, sections 256B.064 and 256B.27;
124.12 	(10) provide training for all agency staff on the requirements and responsibilities listed 
124.13 	in the Maltreatment of Minors Act, ~~section 626.556~~ chapter 626B, and the Vulnerable Adult 
124.14 	Protection Act, section 626.557, including mandated and voluntary reporting, nonretaliation, 
124.15 	and the agency's policy for all staff on how to report suspected abuse and neglect;
124.16 	(11) have a written policy to resolve issues collaboratively with the person and the 
124.17 	person's legal representative when possible. The policy must include a timeline for when 
124.18 	the person and the person's legal representative will be notified about issues that arise in 
124.19 	the provision of services;
124.20 	(12) provide the person's legal representative with prompt notification if the person is 
124.21 	injured while being served by the agency. An incident report must be completed by the 
124.22 	agency staff member in charge of the person. A copy of all incident and injury reports must 
124.23 	remain on file at the agency for at least five years from the report of the incident; and
124.24 	(13) before starting a service, provide the person or the person's legal representative a 
124.25 	description of the treatment modality that the person shall receive, including the staffing 
124.26 	certification levels and training of the staff who shall provide a treatment.
124.27 	(b) When delivering the ITP, and annually thereafter, an agency must provide the person 
124.28 	or the person's legal representative with:
124.29 	(1) a written copy and a verbal explanation of the person's or person's legal 
124.30 	representative's rights and the agency's responsibilities;
125.1 	(2) documentation in the person's file the date that the person or the person's legal 
125.2 	representative received a copy and explanation of the person's or person's legal 
125.3 	representative's rights and the agency's responsibilities; and
125.4 	(3) reasonable accommodations to provide the information in another format or language 
125.5 	as needed to facilitate understanding of the person's or person's legal representative's rights 
125.6 	and the agency's responsibilities.

125.7 	Sec. 95. Minnesota Statutes 2016, section 256B.0951, subdivision 5, is amended to read:
125.8 		Subd. 5.Variance of certain standards prohibited. The safety standards, rights, or 
125.9 	procedural protections under ~~chapter~~ chapters 245C and 626B and sections 245.825; 245.91
125.10 	to 245.97; 245A.09, subdivision 2, paragraph (c), clauses (2) and (5); 245A.12; 245A.13; 
125.11 	252.41, subdivision 9; 256B.092, subdivisions 1b, clause (7), and 10; ~~626.556;~~626.557, 
125.12 	and procedures for the monitoring of psychotropic medications shall not be varied under 
125.13 	the alternative quality assurance licensing system. The commission may make 
125.14 	recommendations to the commissioners of human services and health or to the legislature 
125.15 	regarding alternatives to or modifications of the rules and procedures referenced in this 
125.16 	subdivision.

125.17 	Sec. 96. Minnesota Statutes 2016, section 256B.0954, is amended to read:
125.18 	256B.0954 CERTAIN PERSONS DEFINED AS MANDATED REPORTERS.
125.19 	Members of the Quality Assurance Commission established under section 256B.0951, 
125.20 	members of quality assurance review councils established under section 256B.0952, quality 
125.21 	assurance managers appointed under section 256B.0952, and members of quality assurance 
125.22 	teams established under section 256B.0952 are mandated reporters as that term is defined 
125.23 	in sections ~~626.556, subdivision 3, and~~626.5572, subdivision 16, and 626B.03.

125.24 	Sec. 97. Minnesota Statutes 2016, section 256B.097, subdivision 4, is amended to read:
125.25 		Subd. 4.Regional quality councils. (a) The commissioner shall establish, as selected 
125.26 	by the State Quality Council, regional quality councils of key stakeholders, including regional 
125.27 	representatives of:
125.28 	(1) disability service recipients and their family members;
125.29 	(2) disability service providers;
125.30 	(3) disability advocacy groups; and
126.1 	(4) county human services agencies and staff from the Department of Human Services 
126.2 	and Ombudsman for Mental Health and Developmental Disabilities.
126.3 	(b) Each regional quality council shall:
126.4 	(1) direct and monitor the community-based, person-directed quality assurance system 
126.5 	in this section;
126.6 	(2) approve a training program for quality assurance team members under clause (13);
126.7 	(3) review summary reports from quality assurance team reviews and make 
126.8 	recommendations to the State Quality Council regarding program licensure;
126.9 	(4) make recommendations to the State Quality Council regarding the system;
126.10 	(5) resolve complaints between the quality assurance teams, counties, providers, persons 
126.11 	receiving services, their families, and legal representatives;
126.12 	(6) analyze and review quality outcomes and critical incident data reporting incidents 
126.13 	of life safety concerns immediately to the Department of Human Services licensing division;
126.14 	(7) provide information and training programs for persons with disabilities and their 
126.15 	families and legal representatives on service options and quality expectations;
126.16 	(8) disseminate information and resources developed to other regional quality councils;
126.17 	(9) respond to state-level priorities;
126.18 	(10) establish regional priorities for quality improvement;
126.19 	(11) submit an annual report to the State Quality Council on the status, outcomes, 
126.20 	improvement priorities, and activities in the region;
126.21 	(12) choose a representative to participate on the State Quality Council and assume other 
126.22 	responsibilities consistent with the priorities of the State Quality Council; and
126.23 	(13) recruit, train, and assign duties to members of quality assurance teams, taking into 
126.24 	account the size of the service provider, the number of services to be reviewed, the skills 
126.25 	necessary for the team members to complete the process, and ensure that no team member 
126.26 	has a financial, personal, or family relationship with the facility, program, or service being 
126.27 	reviewed or with anyone served at the facility, program, or service. Quality assurance teams 
126.28 	must be comprised of county staff, persons receiving services or the person's families, legal 
126.29 	representatives, members of advocacy organizations, providers, and other involved 
126.30 	community members. Team members must complete the training program approved by the 
126.31 	regional quality council and must demonstrate performance-based competency. Team 
127.1 	members may be paid a per diem and reimbursed for expenses related to their participation 
127.2 	in the quality assurance process.
127.3 	(c) The commissioner shall monitor the safety standards, rights, and procedural 
127.4 	protections for the monitoring of psychotropic medications and those identified under chapter 
127.5 	626B and sections 245.825; 245.91 to 245.97; 245A.09, subdivision 2, paragraph (c), clauses 
127.6 	(2) and (5); 245A.12; 245A.13; 252.41, subdivision 9; 256B.092, subdivision 1b, clause 
127.7 	(7); ~~626.556;~~ and 626.557.
127.8 	(d) The regional quality councils may hire staff to perform the duties assigned in this 
127.9 	subdivision.
127.10 	(e) The regional quality councils may charge fees for their services.
127.11 	(f) The quality assurance process undertaken by a regional quality council consists of 
127.12 	an evaluation by a quality assurance team of the facility, program, or service. The process 
127.13 	must include an evaluation of a random sample of persons served. The sample must be 
127.14 	representative of each service provided. The sample size must be at least five percent but 
127.15 	not less than two persons served. All persons must be given the opportunity to be included 
127.16 	in the quality assurance process in addition to those chosen for the random sample.
127.17 	(g) A facility, program, or service may contest a licensing decision of the regional quality 
127.18 	council as permitted under chapter 245A.

127.19 	Sec. 98. Minnesota Statutes 2016, section 256B.097, subdivision 6, is amended to read:
127.20 		Subd. 6.Mandated reporters. Members of the State Quality Council under subdivision 
127.21 	3, the regional quality councils under subdivision 4, and quality assurance team members 
127.22 	under subdivision 4, paragraph (b), clause (13), are mandated reporters as defined in sections 
127.23 	~~626.556, subdivision 3, and~~626.5572, subdivision 16, and 626B.03.

127.24 	Sec. 99. Minnesota Statutes 2016, section 256B.77, subdivision 17, is amended to read:
127.25 		Subd. 17.Approval of alternatives. The commissioner may approve alternatives to 
127.26 	administrative rules if the commissioner determines that appropriate alternative measures 
127.27 	are in place to protect the health, safety, and rights of enrollees and to assure that services 
127.28 	are of sufficient quality to produce the outcomes described in the personal support plans. 
127.29 	Prior approved waivers, if needed by the demonstration project, shall be extended. The 
127.30 	commissioner shall not waive the rights or procedural protections under chapter 626B and
127.31 	sections 245.825; 245.91 to 245.97; 252.41, subdivision 9; 256B.092, subdivision 10; 
127.32 	~~626.556;~~ and 626.557; or procedures for the monitoring of psychotropic medications. 
128.1 	Prohibited practices as defined in statutes and rules governing service delivery to eligible 
128.2 	individuals are applicable to services delivered under this demonstration project.

128.3 	Sec. 100. Minnesota Statutes 2016, section 256B.85, subdivision 10, is amended to read:
128.4 		Subd. 10.Agency-provider and FMS provider qualifications and duties. (a) 
128.5 	Agency-providers identified in subdivision 11 and FMS providers identified in subdivision 
128.6 	13a shall:
128.7 	(1) enroll as a medical assistance Minnesota health care programs provider and meet all 
128.8 	applicable provider standards and requirements;
128.9 	(2) demonstrate compliance with federal and state laws and policies for CFSS as 
128.10 	determined by the commissioner;
128.11 	(3) comply with background study requirements under chapter 245C and maintain 
128.12 	documentation of background study requests and results;
128.13 	(4) verify and maintain records of all services and expenditures by the participant, 
128.14 	including hours worked by support workers;
128.15 	(5) not engage in any agency-initiated direct contact or marketing in person, by telephone, 
128.16 	or other electronic means to potential participants, guardians, family members, or participants' 
128.17 	representatives;
128.18 	(6) directly provide services and not use a subcontractor or reporting agent;
128.19 	(7) meet the financial requirements established by the commissioner for financial 
128.20 	solvency;
128.21 	(8) have never had a lead agency contract or provider agreement discontinued due to 
128.22 	fraud, or have never had an owner, board member, or manager fail a state or FBI-based 
128.23 	criminal background check while enrolled or seeking enrollment as a Minnesota health care 
128.24 	programs provider; and
128.25 	(9) have an office located in Minnesota.
128.26 	(b) In conducting general duties, agency-providers and FMS providers shall:
128.27 	(1) pay support workers based upon actual hours of services provided;
128.28 	(2) pay for worker training and development services based upon actual hours of services 
128.29 	provided or the unit cost of the training session purchased;
128.30 	(3) withhold and pay all applicable federal and state payroll taxes;
129.1 	(4) make arrangements and pay unemployment insurance, taxes, workers' compensation, 
129.2 	liability insurance, and other benefits, if any;
129.3 	(5) enter into a written agreement with the participant, participant's representative, or 
129.4 	legal representative that assigns roles and responsibilities to be performed before services, 
129.5 	supports, or goods are provided;
129.6 	(6) report maltreatment as required under ~~sections 626.556 and~~ section626.557 and 
129.7 	chapter 626B; and
129.8 	(7) comply with any data requests from the department consistent with the Minnesota 
129.9 	Government Data Practices Act under chapter 13.

129.10 	Sec. 101. Minnesota Statutes 2016, section 256B.85, subdivision 12a, is amended to read:
129.11 		Subd. 12a.CFSS agency-provider requirements; policies for complaint process and 
129.12 	incident response. (a) The CFSS agency-provider must establish policies and procedures 
129.13 	that promote service recipient rights by providing a simple complaint process for participants 
129.14 	served by the program and their authorized representatives to bring a grievance. The 
129.15 	complaint process must:
129.16 	(1) provide staff assistance with the complaint process when requested;
129.17 	(2) allow the participant to bring the complaint to the highest level of authority in the 
129.18 	program if the grievance cannot be resolved by other staff members, and provide the name, 
129.19 	address, and telephone number of that person;
129.20 	(3) provide the addresses and telephone numbers of outside agencies to assist the 
129.21 	participant;
129.22 	(4) require a prompt response to all complaints affecting a participant's health and safety 
129.23 	and a timely response to all other complaints;
129.24 	(5) require an evaluation of whether:
129.25 	(i) related policies and procedures were followed and adequate;
129.26 	(ii) there is a need for additional staff training;
129.27 	(iii) the complaint is similar to past complaints with the persons, staff, or services 
129.28 	involved; and
129.29 	(iv) there is a need for corrective action by the agency-provider to protect the health and 
129.30 	safety of participants receiving services;
130.1 	(6) provide a written summary of the complaint and a notice of the complaint resolution 
130.2 	to the participant and, if applicable, case manager or care coordinator; and
130.3 	(7) require that the complaint summary and resolution notice be maintained in the 
130.4 	participant's service record.
130.5 	(b) The CFSS agency-provider must establish policies and procedures for responding 
130.6 	to incidents that occur while services are being provided. When a participant has a legal 
130.7 	representative or a participant's representative, incidents must be reported to these 
130.8 	representatives. For the purposes of this paragraph, "incident" means an occurrence that 
130.9 	involves a participant and requires a response that is not a part of the ordinary provision of 
130.10 	the services to that participant, and includes:
130.11 	(1) serious injury of a participant as determined by section 245.91, subdivision 6;
130.12 	(2) a participant's death;
130.13 	(3) any medical emergency, unexpected serious illness, or significant unexpected change 
130.14 	in a participant's illness or medical condition that requires a call to 911, physician treatment, 
130.15 	or hospitalization;
130.16 	(4) any mental health crisis that requires a call to 911 or a mental health crisis intervention 
130.17 	team;
130.18 	(5) an act or situation involving a participant that requires a call to 911, law enforcement, 
130.19 	or the fire department;
130.20 	(6) a participant's unexplained absence;
130.21 	(7) behavior that creates an imminent risk of harm to the participant or another; and
130.22 	(8) a report of alleged or suspected child or vulnerable adult maltreatment under section 
130.23 	~~626.556 or~~626.557 or chapter 626B.

130.24 	Sec. 102. Minnesota Statutes 2016, section 256E.21, subdivision 5, is amended to read:
130.25 		Subd. 5.Child abuse. "Child abuse" means sexual abuse, neglect, or physical abuse as 
130.26 	defined in section ~~626.556, subdivision 2, paragraphs (g), (k), and (n)~~ 626B.02, subdivisions 
130.27 	14, 16, and 18.

130.28 	Sec. 103. Minnesota Statutes 2016, section 256F.10, subdivision 1, is amended to read:
130.29 		Subdivision 1.Eligibility. Persons under 21 years of age who are eligible to receive 
130.30 	medical assistance are eligible for child welfare targeted case management services under 
131.1 	section 256B.094 and this section if they have received an assessment and have been 
131.2 	determined by the local county or tribal social services agency to be:
131.3 	(1) at risk of placement or in placement as described in section 260C.212, subdivision 
131.4 	1;
131.5 	(2) at risk of maltreatment or experiencing maltreatment as defined in section ~~626.556,~~ 
131.6 	~~subdivision 10e~~ 626B.11; or
131.7 	(3) in need of protection or services as defined in section 260C.007, subdivision 6.

131.8 	Sec. 104. Minnesota Statutes 2016, section 256F.10, subdivision 4, is amended to read:
131.9 		Subd. 4.Provider qualifications and certification standards. The commissioner must 
131.10 	certify each provider before enrolling it as a child welfare targeted case management provider 
131.11 	of services under section 256B.094 and this section. The certification process shall examine 
131.12 	the provider's ability to meet the qualification requirements and certification standards in 
131.13 	this subdivision and other federal and state requirements of this service. A certified child 
131.14 	welfare targeted case management provider is an enrolled medical assistance provider who 
131.15 	is determined by the commissioner to have all of the following:
131.16 	(1) the legal authority to provide public welfare under sections 393.01, subdivision 7, 
131.17 	and 393.07 or a federally recognized Indian tribe;
131.18 	(2) the demonstrated capacity and experience to provide the components of case 
131.19 	management to coordinate and link community resources needed by the eligible population;
131.20 	(3) administrative capacity and experience in serving the target population for whom it 
131.21 	will provide services and in ensuring quality of services under state and federal requirements;
131.22 	(4) the legal authority to provide complete investigative and protective services under 
131.23 	~~section 626.556, subdivision 10~~ sections 626B.05, 626B.07, 626B.09, and 626B.10, and 
131.24 	child welfare and foster care services under section 393.07, subdivisions 1 and 2, or a 
131.25 	federally recognized Indian tribe;
131.26 	(5) a financial management system that provides accurate documentation of services 
131.27 	and costs under state and federal requirements; and
131.28 	(6) the capacity to document and maintain individual case records under state and federal 
131.29 	requirements.

132.1 	Sec. 105. Minnesota Statutes 2016, section 256L.07, subdivision 4, is amended to read:
132.2 		Subd. 4.Families with children in need of chemical dependency treatment. Premiums 
132.3 	for families with children when a parent has been determined to be in need of chemical 
132.4 	dependency treatment pursuant to an assessment conducted by the county under section 
132.5 	~~626.556, subdivision 10~~ 626B.07, subdivision 1, or a case plan under section 260C.201, 
132.6 	subdivision 6, or 260C.212, who are eligible for MinnesotaCare under section 256L.04, 
132.7 	subdivision 1, may be paid by the county of residence of the person in need of treatment 
132.8 	for one year from the date the family is determined to be eligible or if the family is currently 
132.9 	enrolled in MinnesotaCare from the date the person is determined to be in need of chemical 
132.10 	dependency treatment. Upon renewal, the family is responsible for any premiums owed 
132.11 	under section 256L.15. If the family is not currently enrolled in MinnesotaCare, the local 
132.12 	county human services agency shall determine whether the family appears to meet the 
132.13 	eligibility requirements and shall assist the family in applying for the MinnesotaCare 
132.14 	program.

132.15 	Sec. 106. Minnesota Statutes 2016, section 256M.10, subdivision 2, is amended to read:
132.16 		Subd. 2.Vulnerable children and adults services. (a) "Vulnerable children and adults 
132.17 	services" means services provided or arranged for by county boards for vulnerable children 
132.18 	under ~~chapter~~ chapters 260C and 626B, and ~~sections 626.556 and~~ section626.5561, and 
132.19 	adults under section 626.557 who experience dependency, abuse, or neglect, as well as 
132.20 	services for family members to support those individuals. These services may be provided 
132.21 	by professionals or nonprofessionals, including the person's natural supports in the 
132.22 	community. For the purpose of this chapter, "vulnerable children" means children and 
132.23 	adolescents.
132.24 	(b) Vulnerable children and adults services do not include services under the public 
132.25 	assistance programs known as the Minnesota family investment program, Minnesota 
132.26 	supplemental aid, medical assistance, general assistance, MinnesotaCare, or community 
132.27 	health services.

132.28 	Sec. 107. Minnesota Statutes 2016, section 256M.40, subdivision 1, is amended to read:
132.29 		Subdivision 1.Formula. The commissioner shall allocate state funds appropriated under 
132.30 	this chapter to each county board on a calendar year basis in an amount determined according 
132.31 	to the formula in paragraphs (a) to (e).
132.32 	(a) For calendar years 2011 and 2012, the commissioner shall allocate available funds 
132.33 	to each county in proportion to that county's share in calendar year 2010.
133.1 	(b) For calendar year 2013 and each calendar year thereafter, the commissioner shall 
133.2 	allocate available funds to each county as follows:
133.3 	(1) 75 percent must be distributed on the basis of the county share in calendar year 2012;
133.4 	(2) five percent must be distributed on the basis of the number of persons residing in 
133.5 	the county as determined by the most recent data of the state demographer;
133.6 	(3) ten percent must be distributed on the basis of the number of vulnerable children 
133.7 	that are subjects of reports under ~~chapter~~ chapters 260C and 626B and ~~sections 626.556 and~~
133.8 	section626.5561, and in the county as determined by the most recent data of the 
133.9 	commissioner; and
133.10 	(4) ten percent must be distributed on the basis of the number of vulnerable adults that 
133.11 	are subjects of reports under section 626.557 in the county as determined by the most recent 
133.12 	data of the commissioner.
133.13 	(c) The commissioner is precluded from changing the formula under this subdivision or 
133.14 	recommending a change to the legislature without public review and input.

133.15 	Sec. 108. Minnesota Statutes 2016, section 256M.41, subdivision 1, is amended to read:
133.16 		Subdivision 1.Formula for county staffing funds. (a) The commissioner shall allocate 
133.17 	state funds appropriated under this section to each county board on a calendar year basis in 
133.18 	an amount determined according to the following formula:
133.19 	(1) 50 percent must be distributed on the basis of the child population residing in the 
133.20 	county as determined by the most recent data of the state demographer;
133.21 	(2) 25 percent must be distributed on the basis of the number of screened-in reports of 
133.22 	child maltreatment under ~~sections 626.556 and~~ section626.5561 and chapter 626B, and in 
133.23 	the county as determined by the most recent data of the commissioner; and
133.24 	(3) 25 percent must be distributed on the basis of the number of open child protection 
133.25 	case management cases in the county as determined by the most recent data of the 
133.26 	commissioner.
133.27 	(b) Notwithstanding this subdivision, no county shall be awarded an allocation of less 
133.28 	than $75,000.

134.1 	Sec. 109. Minnesota Statutes 2016, section 256M.41, subdivision 3, is amended to read:
134.2 		Subd. 3.Payments based on performance. (a) The commissioner shall make payments 
134.3 	under this section to each county board on a calendar year basis in an amount determined 
134.4 	under paragraph (b).
134.5 	(b) Calendar year allocations under subdivision 1 shall be paid to counties in the following 
134.6 	manner:
134.7 	(1) 80 percent of the allocation as determined in subdivision 1 must be paid to counties 
134.8 	on or before July 10 of each year;
134.9 	(2) ten percent of the allocation shall be withheld until the commissioner determines if 
134.10 	the county has met the performance outcome threshold of 90 percent based on face-to-face 
134.11 	contact with alleged child victims. In order to receive the performance allocation, the county 
134.12 	child protection workers must have a timely face-to-face contact with at least 90 percent of 
134.13 	all alleged child victims of screened-in maltreatment reports. The standard requires that 
134.14 	each initial face-to-face contact occur consistent with timelines defined in section ~~626.556,~~ 
134.15 	~~subdivision 10, paragraph (i)~~ 626B.09, subdivision 4. The commissioner shall make threshold 
134.16 	determinations in January of each year and payments to counties meeting the performance 
134.17 	outcome threshold shall occur in February of each year. Any withheld funds from this 
134.18 	appropriation for counties that do not meet this requirement shall be reallocated by the 
134.19 	commissioner to those counties meeting the requirement; and
134.20 	(3) ten percent of the allocation shall be withheld until the commissioner determines 
134.21 	that the county has met the performance outcome threshold of 90 percent based on 
134.22 	face-to-face visits by the case manager. In order to receive the performance allocation, the 
134.23 	total number of visits made by caseworkers on a monthly basis to children in foster care 
134.24 	and children receiving child protection services while residing in their home must be at least 
134.25 	90 percent of the total number of such visits that would occur if every child were visited 
134.26 	once per month. The commissioner shall make such determinations in January of each year 
134.27 	and payments to counties meeting the performance outcome threshold shall occur in February 
134.28 	of each year. Any withheld funds from this appropriation for counties that do not meet this 
134.29 	requirement shall be reallocated by the commissioner to those counties meeting the 
134.30 	requirement. For 2015, the commissioner shall only apply the standard for monthly foster 
134.31 	care visits.
134.32 	(c) The commissioner shall work with stakeholders and the Human Services Performance 
134.33 	Council under section 402A.16 to develop recommendations for specific outcome measures 
134.34 	that counties should meet in order to receive funds withheld under paragraph (b), and include 
135.1 	in those recommendations a determination as to whether the performance measures under 
135.2 	paragraph (b) should be modified or phased out. The commissioner shall report the 
135.3 	recommendations to the legislative committees having jurisdiction over child protection 
135.4 	issues by January 1, 2018.

135.5 	Sec. 110. Minnesota Statutes 2016, section 257.0764, is amended to read:
135.6 	257.0764 COMPLAINTS.
135.7 	An ombudsperson may receive a complaint from any source concerning an action of an 
135.8 	agency, facility, or program. After completing a review, the ombudsperson shall inform the 
135.9 	complainant, agency, facility, or program. Services to a child shall not be unfavorably altered 
135.10 	as a result of an investigation or complaint. An agency, facility, or program shall not retaliate 
135.11 	or take adverse action, as defined in section ~~626.556, subdivision 4a~~ 626B.03, subdivision 
135.12 	3, paragraph (c), against an individual who, in good faith, makes a complaint or assists in 
135.13 	an investigation.

135.14 	Sec. 111. Minnesota Statutes 2016, section 260.012, is amended to read:
135.15 	260.012 DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY 
135.16 	REUNIFICATION; REASONABLE EFFORTS.
135.17 	(a) Once a child alleged to be in need of protection or services is under the court's 
135.18 	jurisdiction, the court shall ensure that reasonable efforts, including culturally appropriate 
135.19 	services, by the social services agency are made to prevent placement or to eliminate the 
135.20 	need for removal and to reunite the child with the child's family at the earliest possible time, 
135.21 	and the court must ensure that the responsible social services agency makes reasonable 
135.22 	efforts to finalize an alternative permanent plan for the child as provided in paragraph (e). 
135.23 	In determining reasonable efforts to be made with respect to a child and in making those 
135.24 	reasonable efforts, the child's best interests, health, and safety must be of paramount concern. 
135.25 	Reasonable efforts to prevent placement and for rehabilitation and reunification are always 
135.26 	required except upon a determination by the court that a petition has been filed stating a 
135.27 	prima facie case that:
135.28 	(1) the parent has subjected a child to egregious harm as defined in section 260C.007, 
135.29 	subdivision 14;
135.30 	(2) the parental rights of the parent to another child have been terminated involuntarily;
135.31 	(3) the child is an abandoned infant under section 260C.301, subdivision 2, paragraph 
135.32 	(a), clause (2);
136.1 	(4) the parent's custodial rights to another child have been involuntarily transferred to a 
136.2 	relative under Minnesota Statutes 2010, section 260C.201, subdivision 11, paragraph (d), 
136.3 	clause (1), section 260C.515, subdivision 4, or a similar law of another jurisdiction;
136.4 	(5) the parent has committed sexual abuse as defined in section ~~626.556, subdivision 2~~
136.5 	626B.02, against the child or another child of the parent;
136.6 	(6) the parent has committed an offense that requires registration as a predatory offender 
136.7 	under section 243.166, subdivision 1b, paragraph (a) or (b); or
136.8 	(7) the provision of services or further services for the purpose of reunification is futile 
136.9 	and therefore unreasonable under the circumstances.
136.10 	(b) When the court makes one of the prima facie determinations under paragraph (a), 
136.11 	either permanency pleadings under section 260C.505, or a termination of parental rights 
136.12 	petition under sections 260C.141 and 260C.301 must be filed. A permanency hearing under 
136.13 	sections 260C.503 to 260C.521 must be held within 30 days of this determination.
136.14 	(c) In the case of an Indian child, in proceedings under sections 260B.178, 260C.178, 
136.15 	260C.201, 260C.202, 260C.204, 260C.301, or 260C.503 to 260C.521, the juvenile court 
136.16 	must make findings and conclusions consistent with the Indian Child Welfare Act of 1978, 
136.17 	United States Code, title 25, section 1901 et seq., as to the provision of active efforts. In 
136.18 	cases governed by the Indian Child Welfare Act of 1978, United States Code, title 25, section 
136.19 	1901, the responsible social services agency must provide active efforts as required under 
136.20 	United States Code, title 25, section 1911(d).
136.21 	(d) "Reasonable efforts to prevent placement" means:
136.22 	(1) the agency has made reasonable efforts to prevent the placement of the child in foster 
136.23 	care by working with the family to develop and implement a safety plan; or
136.24 	(2) given the particular circumstances of the child and family at the time of the child's 
136.25 	removal, there are no services or efforts available which could allow the child to safely 
136.26 	remain in the home.
136.27 	(e) "Reasonable efforts to finalize a permanent plan for the child" means due diligence 
136.28 	by the responsible social services agency to:
136.29 	(1) reunify the child with the parent or guardian from whom the child was removed;
136.30 	(2) assess a noncustodial parent's ability to provide day-to-day care for the child and, 
136.31 	where appropriate, provide services necessary to enable the noncustodial parent to safely 
136.32 	provide the care, as required by section 260C.219;
137.1 	(3) conduct a relative search to identify and provide notice to adult relatives as required 
137.2 	under section 260C.221;
137.3 	(4) place siblings removed from their home in the same home for foster care or adoption, 
137.4 	or transfer permanent legal and physical custody to a relative. Visitation between siblings 
137.5 	who are not in the same foster care, adoption, or custodial placement or facility shall be 
137.6 	consistent with section 260C.212, subdivision 2; and
137.7 	(5) when the child cannot return to the parent or guardian from whom the child was 
137.8 	removed, to plan for and finalize a safe and legally permanent alternative home for the child, 
137.9 	and considers permanent alternative homes for the child inside or outside of the state, 
137.10 	preferably through adoption or transfer of permanent legal and physical custody of the child.
137.11 	(f) Reasonable efforts are made upon the exercise of due diligence by the responsible 
137.12 	social services agency to use culturally appropriate and available services to meet the needs 
137.13 	of the child and the child's family. Services may include those provided by the responsible 
137.14 	social services agency and other culturally appropriate services available in the community. 
137.15 	At each stage of the proceedings where the court is required to review the appropriateness 
137.16 	of the responsible social services agency's reasonable efforts as described in paragraphs (a), 
137.17 	(d), and (e), the social services agency has the burden of demonstrating that:
137.18 	(1) it has made reasonable efforts to prevent placement of the child in foster care;
137.19 	(2) it has made reasonable efforts to eliminate the need for removal of the child from 
137.20 	the child's home and to reunify the child with the child's family at the earliest possible time;
137.21 	(3) it has made reasonable efforts to finalize an alternative permanent home for the child, 
137.22 	and considers permanent alternative homes for the child inside or outside of the state; or
137.23 	(4) reasonable efforts to prevent placement and to reunify the child with the parent or 
137.24 	guardian are not required. The agency may meet this burden by stating facts in a sworn 
137.25 	petition filed under section 260C.141, by filing an affidavit summarizing the agency's 
137.26 	reasonable efforts or facts the agency believes demonstrate there is no need for reasonable 
137.27 	efforts to reunify the parent and child, or through testimony or a certified report required 
137.28 	under juvenile court rules.
137.29 	(g) Once the court determines that reasonable efforts for reunification are not required 
137.30 	because the court has made one of the prima facie determinations under paragraph (a), the 
137.31 	court may only require reasonable efforts for reunification after a hearing according to 
137.32 	section 260C.163, where the court finds there is not clear and convincing evidence of the 
137.33 	facts upon which the court based its prima facie determination. In this case when there is 
138.1 	clear and convincing evidence that the child is in need of protection or services, the court 
138.2 	may find the child in need of protection or services and order any of the dispositions available 
138.3 	under section 260C.201, subdivision 1. Reunification of a child with a parent is not required 
138.4 	if the parent has been convicted of:
138.5 	(1) a violation of, or an attempt or conspiracy to commit a violation of, sections 609.185
138.6 	to 609.20; 609.222, subdivision 2; or 609.223 in regard to another child of the parent;
138.7 	(2) a violation of section 609.222, subdivision 2; or 609.223, in regard to the child;
138.8 	(3) a violation of, or an attempt or conspiracy to commit a violation of, United States 
138.9 	Code, title 18, section 1111(a) or 1112(a), in regard to another child of the parent;
138.10 	(4) committing sexual abuse as defined in section ~~626.556, subdivision 2~~ 626B.02, 
138.11 	against the child or another child of the parent; or
138.12 	(5) an offense that requires registration as a predatory offender under section 243.166, 
138.13 	subdivision 1b, paragraph (a) or (b).
138.14 	(h) The juvenile court, in proceedings under sections 260B.178, 260C.178, 260C.201, 
138.15 	260C.202, 260C.204, 260C.301, or 260C.503 to 260C.521, shall make findings and 
138.16 	conclusions as to the provision of reasonable efforts. When determining whether reasonable 
138.17 	efforts have been made, the court shall consider whether services to the child and family 
138.18 	were:
138.19 	(1) relevant to the safety and protection of the child;
138.20 	(2) adequate to meet the needs of the child and family;
138.21 	(3) culturally appropriate;
138.22 	(4) available and accessible;
138.23 	(5) consistent and timely; and
138.24 	(6) realistic under the circumstances.
138.25 	In the alternative, the court may determine that provision of services or further services 
138.26 	for the purpose of rehabilitation is futile and therefore unreasonable under the circumstances 
138.27 	or that reasonable efforts are not required as provided in paragraph (a).
138.28 	(i) This section does not prevent out-of-home placement for treatment of a child with a 
138.29 	mental disability when it is determined to be medically necessary as a result of the child's 
138.30 	diagnostic assessment or individual treatment plan indicates that appropriate and necessary 
138.31 	treatment cannot be effectively provided outside of a residential or inpatient treatment 
139.1 	program and the level or intensity of supervision and treatment cannot be effectively and 
139.2 	safely provided in the child's home or community and it is determined that a residential 
139.3 	treatment setting is the least restrictive setting that is appropriate to the needs of the child.
139.4 	(j) If continuation of reasonable efforts to prevent placement or reunify the child with 
139.5 	the parent or guardian from whom the child was removed is determined by the court to be 
139.6 	inconsistent with the permanent plan for the child or upon the court making one of the prima 
139.7 	facie determinations under paragraph (a), reasonable efforts must be made to place the child 
139.8 	in a timely manner in a safe and permanent home and to complete whatever steps are 
139.9 	necessary to legally finalize the permanent placement of the child.
139.10 	(k) Reasonable efforts to place a child for adoption or in another permanent placement 
139.11 	may be made concurrently with reasonable efforts to prevent placement or to reunify the 
139.12 	child with the parent or guardian from whom the child was removed. When the responsible 
139.13 	social services agency decides to concurrently make reasonable efforts for both reunification 
139.14 	and permanent placement away from the parent under paragraph (a), the agency shall disclose 
139.15 	its decision and both plans for concurrent reasonable efforts to all parties and the court. 
139.16 	When the agency discloses its decision to proceed on both plans for reunification and 
139.17 	permanent placement away from the parent, the court's review of the agency's reasonable 
139.18 	efforts shall include the agency's efforts under both plans.

139.19 	Sec. 112. Minnesota Statutes 2016, section 260.761, subdivision 2, is amended to read:
139.20 		Subd. 2.Agency and court notice to tribes. (a) When a local social services agency 
139.21 	has information that a family assessment or investigation being conducted may involve an 
139.22 	Indian child, the local social services agency shall notify the Indian child's tribe of the family 
139.23 	assessment or investigation according to section ~~626.556, subdivision 10, paragraph (a)~~
139.24 	626B.07, subdivision 1, paragraph (b), clause (5). Initial notice shall be provided by telephone 
139.25 	and by e-mail or facsimile. The local social services agency shall request that the tribe or a 
139.26 	designated tribal representative participate in evaluating the family circumstances, identifying 
139.27 	family and tribal community resources, and developing case plans.
139.28 	(b) When a local social services agency has information that a child receiving services 
139.29 	may be an Indian child, the local social services agency shall notify the tribe by telephone 
139.30 	and by e-mail or facsimile of the child's full name and date of birth, the full names and dates 
139.31 	of birth of the child's biological parents, and, if known, the full names and dates of birth of 
139.32 	the child's grandparents and of the child's Indian custodian. This notification must be provided 
139.33 	so the tribe can determine if the child is enrolled in the tribe or eligible for membership, 
139.34 	and must be provided within seven days. If information regarding the child's grandparents 
140.1 	or Indian custodian is not available within the seven-day period, the local social services 
140.2 	agency shall continue to request this information and shall notify the tribe when it is received. 
140.3 	Notice shall be provided to all tribes to which the child may have any tribal lineage. If the 
140.4 	identity or location of the child's parent or Indian custodian and tribe cannot be determined, 
140.5 	the local social services agency shall provide the notice required in this paragraph to the 
140.6 	United States secretary of the interior.
140.7 	(c) In accordance with sections 260C.151 and 260C.152, when a court has reason to 
140.8 	believe that a child placed in emergency protective care is an Indian child, the court 
140.9 	administrator or a designee shall, as soon as possible and before a hearing takes place, notify 
140.10 	the tribal social services agency by telephone and by e-mail or facsimile of the date, time, 
140.11 	and location of the emergency protective case hearing. The court shall make efforts to allow 
140.12 	appearances by telephone for tribal representatives, parents, and Indian custodians.
140.13 	(d) A local social services agency must provide the notices required under this subdivision 
140.14 	at the earliest possible time to facilitate involvement of the Indian child's tribe. Nothing in 
140.15 	this subdivision is intended to hinder the ability of the local social services agency and the 
140.16 	court to respond to an emergency situation. Lack of participation by a tribe shall not prevent 
140.17 	the tribe from intervening in services and proceedings at a later date. A tribe may participate 
140.18 	at any time. At any stage of the local social services agency's involvement with an Indian 
140.19 	child, the agency shall provide full cooperation to the tribal social services agency, including 
140.20 	disclosure of all data concerning the Indian child. Nothing in this subdivision relieves the 
140.21 	local social services agency of satisfying the notice requirements in the Indian Child Welfare 
140.22 	Act.

140.23 	Sec. 113. Minnesota Statutes 2016, section 260B.171, subdivision 6, is amended to read:
140.24 		Subd. 6.Attorney access to records. An attorney representing a child, parent, or guardian 
140.25 	ad litem in a proceeding under this chapter shall be given access to records, local social 
140.26 	services agency files, and reports which form the basis of any recommendation made to the 
140.27 	court. An attorney does not have access under this subdivision to the identity of a person 
140.28 	who made a report under ~~section 626.556~~ chapter 626B. The court may issue protective 
140.29 	orders to prohibit an attorney from sharing a specified record or portion of a record with a 
140.30 	client other than a guardian ad litem.

141.1 	Sec. 114. Minnesota Statutes 2016, section 260B.198, subdivision 1, is amended to read:
141.2 		Subdivision 1.Court order, findings, remedies, treatment. If the court finds that the 
141.3 	child is delinquent, it shall enter an order making any of the following dispositions of the 
141.4 	case which are deemed necessary to the rehabilitation of the child:
141.5 	(1) counsel the child or the parents, guardian, or custodian;
141.6 	(2) place the child under the supervision of a probation officer or other suitable person 
141.7 	in the child's own home under conditions prescribed by the court including reasonable rules 
141.8 	for the child's conduct and the conduct of the child's parents, guardian, or custodian, designed 
141.9 	for the physical, mental, and moral well-being and behavior of the child, or with the consent 
141.10 	of the commissioner of corrections, in a group foster care facility which is under the 
141.11 	management and supervision of said commissioner;
141.12 	(3) if the court determines that the child is a danger to self or others, subject to the 
141.13 	supervision of the court, transfer legal custody of the child to one of the following:
141.14 	(i) a child-placing agency; or
141.15 	(ii) the local social services agency; or
141.16 	(iii) a reputable individual of good moral character. No person may receive custody of 
141.17 	two or more unrelated children unless licensed as a residential facility pursuant to sections 
141.18 	245A.01 to 245A.16; or
141.19 	(iv) a county home school, if the county maintains a home school or enters into an 
141.20 	agreement with a county home school; or
141.21 	(v) a county probation officer for placement in a group foster home established under 
141.22 	the direction of the juvenile court and licensed pursuant to section 241.021;
141.23 	(4) transfer legal custody by commitment to the commissioner of corrections;
141.24 	(5) if the child is found to have violated a state or local law or ordinance which has 
141.25 	resulted in damage to the person or property of another, the court may order the child to 
141.26 	make reasonable restitution for such damage;
141.27 	(6) require the child to pay a fine of up to $1,000. The court shall order payment of the 
141.28 	fine in accordance with a time payment schedule which shall not impose an undue financial 
141.29 	hardship on the child;
141.30 	(7) if the child is in need of special treatment and care for reasons of physical or mental 
141.31 	health, the court may order the child's parent, guardian, or custodian to provide it. If the 
142.1 	parent, guardian, or custodian fails to provide this treatment or care, the court may order it 
142.2 	provided;
142.3 	(8) if the court believes that it is in the best interests of the child and of public safety 
142.4 	that the driver's license of the child be canceled until the child's 18th birthday, the court 
142.5 	may recommend to the commissioner of public safety the cancellation of the child's license 
142.6 	for any period up to the child's 18th birthday, and the commissioner is hereby authorized 
142.7 	to cancel such license without a hearing. At any time before the termination of the period 
142.8 	of cancellation, the court may, for good cause, recommend to the commissioner of public 
142.9 	safety that the child be authorized to apply for a new license, and the commissioner may so 
142.10 	authorize;
142.11 	(9) if the court believes that it is in the best interest of the child and of public safety that 
142.12 	the child is enrolled in school, the court may require the child to remain enrolled in a public 
142.13 	school until the child reaches the age of 18 or completes all requirements needed to graduate 
142.14 	from high school. Any child enrolled in a public school under this clause is subject to the 
142.15 	provisions of the Pupil Fair Dismissal Act in chapter 127;
142.16 	(10) if the child is petitioned and found by the court to have committed a controlled 
142.17 	substance offense under sections 152.021 to 152.027, the court shall determine whether the 
142.18 	child unlawfully possessed or sold the controlled substance while driving a motor vehicle. 
142.19 	If so, the court shall notify the commissioner of public safety of its determination and order 
142.20 	the commissioner to revoke the child's driver's license for the applicable time period specified 
142.21 	in section 152.0271. If the child does not have a driver's license or if the child's driver's 
142.22 	license is suspended or revoked at the time of the delinquency finding, the commissioner 
142.23 	shall, upon the child's application for driver's license issuance or reinstatement, delay the 
142.24 	issuance or reinstatement of the child's driver's license for the applicable time period specified 
142.25 	in section 152.0271. Upon receipt of the court's order, the commissioner is authorized to 
142.26 	take the licensing action without a hearing;
142.27 	(11) if the child is petitioned and found by the court to have committed or attempted to 
142.28 	commit an act in violation of section 609.342; 609.343; 609.344; 609.345; 609.3451; 
142.29 	609.746, subdivision 1; 609.79; or 617.23, or another offense arising out of a delinquency 
142.30 	petition based on one or more of those sections, the court shall order an independent 
142.31 	professional assessment of the child's need for sex offender treatment. An assessor providing 
142.32 	an assessment for the court must be experienced in the evaluation and treatment of juvenile 
142.33 	sex offenders. If the assessment indicates that the child is in need of and amenable to sex 
142.34 	offender treatment, the court shall include in its disposition order a requirement that the 
142.35 	child undergo treatment. Notwithstanding chapter 626B or sections 13.384, 13.85, 144.291
143.1 	to 144.298, or 260B.171~~, or 626.556~~, the assessor has access to the following private or 
143.2 	confidential data on the child if access is relevant and necessary for the assessment:
143.3 	(i) medical data under section 13.384;
143.4 	(ii) corrections and detention data under section 13.85;
143.5 	(iii) health records under sections 144.291 to 144.298;
143.6 	(iv) juvenile court records under section 260B.171; and
143.7 	(v) local welfare agency records under ~~section 626.556~~ chapter 626B.
143.8 	Data disclosed under this clause may be used only for purposes of the assessment and 
143.9 	may not be further disclosed to any other person, except as authorized by law;
143.10 	(12) if the child is found delinquent due to the commission of an offense that would be 
143.11 	a felony if committed by an adult, the court shall make a specific finding on the record 
143.12 	regarding the juvenile's mental health and chemical dependency treatment needs;
143.13 	(13) any order for a disposition authorized under this section shall contain written findings 
143.14 	of fact to support the disposition ordered and shall also set forth in writing the following 
143.15 	information:
143.16 	(i) why the best interests of the child are served by the disposition ordered; and
143.17 	(ii) what alternative dispositions were considered by the court and why such dispositions 
143.18 	were not appropriate in the instant case. Item (i) does not apply to a disposition under 
143.19 	subdivision 1a.

143.20 	Sec. 115. Minnesota Statutes 2016, section 260C.007, subdivision 3, is amended to read:
143.21 		Subd. 3.Case plan. "Case plan" means any plan for the delivery of services to a child 
143.22 	and parent or guardian, or, when reunification is not required, the child alone, that is 
143.23 	developed according to the requirements of section 245.4871, subdivision 19 or 21; 245.492, 
143.24 	subdivision 16; 256B.092; 260C.212, subdivision 1; or ~~626.556, subdivision 10~~ 626B.11, 
143.25 	subdivision 11.

143.26 	Sec. 116. Minnesota Statutes 2016, section 260C.007, subdivision 5, is amended to read:
143.27 		Subd. 5.Child abuse. "Child abuse" means an act that involves a minor victim that 
143.28 	constitutes a violation of section 609.221, 609.222, 609.223, 609.224, 609.2242, 609.322, 
143.29 	609.324, 609.342, 609.343, 609.344, 609.345, 609.377, 609.378, 617.246, or that is physical 
143.30 	or sexual abuse as defined in section ~~626.556, subdivision 2~~ 626B.02, or an act committed 
144.1 	in another state that involves a minor victim and would constitute a violation of one of these 
144.2 	sections if committed in this state.

144.3 	Sec. 117. Minnesota Statutes 2017 Supplement, section 260C.007, subdivision 6, is 
144.4 	amended to read:
144.5 		Subd. 6.Child in need of protection or services. "Child in need of protection or 
144.6 	services" means a child who is in need of protection or services because the child:
144.7 	(1) is abandoned or without parent, guardian, or custodian;
144.8 	(2)(i) has been a victim of physical or sexual abuse as defined in section ~~626.556,~~ 
144.9 	~~subdivision 2~~ 626B.02, (ii) resides with or has resided with a victim of child abuse as defined 
144.10 	in subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or 
144.11 	would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or child 
144.12 	abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment as 
144.13 	defined in subdivision 15;
144.14 	(3) is without necessary food, clothing, shelter, education, or other required care for the 
144.15 	child's physical or mental health or morals because the child's parent, guardian, or custodian 
144.16 	is unable or unwilling to provide that care;
144.17 	(4) is without the special care made necessary by a physical, mental, or emotional 
144.18 	condition because the child's parent, guardian, or custodian is unable or unwilling to provide 
144.19 	that care;
144.20 	(5) is medically neglected, which includes, but is not limited to, the withholding of 
144.21 	medically indicated treatment from an infant with a disability with a life-threatening 
144.22 	condition. The term "withholding of medically indicated treatment" means the failure to 
144.23 	respond to the infant's life-threatening conditions by providing treatment, including 
144.24 	appropriate nutrition, hydration, and medication which, in the treating physician's or 
144.25 	physicians' reasonable medical judgment, will be most likely to be effective in ameliorating 
144.26 	or correcting all conditions, except that the term does not include the failure to provide 
144.27 	treatment other than appropriate nutrition, hydration, or medication to an infant when, in 
144.28 	the treating physician's or physicians' reasonable medical judgment:
144.29 	(i) the infant is chronically and irreversibly comatose;
144.30 	(ii) the provision of the treatment would merely prolong dying, not be effective in 
144.31 	ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be 
144.32 	futile in terms of the survival of the infant; or
145.1 	(iii) the provision of the treatment would be virtually futile in terms of the survival of 
145.2 	the infant and the treatment itself under the circumstances would be inhumane;
145.3 	(6) is one whose parent, guardian, or other custodian for good cause desires to be relieved 
145.4 	of the child's care and custody, including a child who entered foster care under a voluntary 
145.5 	placement agreement between the parent and the responsible social services agency under 
145.6 	section 260C.227;
145.7 	(7) has been placed for adoption or care in violation of law;
145.8 	(8) is without proper parental care because of the emotional, mental, or physical disability, 
145.9 	or state of immaturity of the child's parent, guardian, or other custodian;
145.10 	(9) is one whose behavior, condition, or environment is such as to be injurious or 
145.11 	dangerous to the child or others. An injurious or dangerous environment may include, but 
145.12 	is not limited to, the exposure of a child to criminal activity in the child's home;
145.13 	(10) is experiencing growth delays, which may be referred to as failure to thrive, that 
145.14 	have been diagnosed by a physician and are due to parental neglect;
145.15 	(11) is a sexually exploited youth;
145.16 	(12) has committed a delinquent act or a juvenile petty offense before becoming ten 
145.17 	years old;
145.18 	(13) is a runaway;
145.19 	(14) is a habitual truant;
145.20 	(15) has been found incompetent to proceed or has been found not guilty by reason of 
145.21 	mental illness or mental deficiency in connection with a delinquency proceeding, a 
145.22 	certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a 
145.23 	proceeding involving a juvenile petty offense; or
145.24 	(16) has a parent whose parental rights to one or more other children were involuntarily 
145.25 	terminated or whose custodial rights to another child have been involuntarily transferred to 
145.26 	a relative and there is a case plan prepared by the responsible social services agency 
145.27 	documenting a compelling reason why filing the termination of parental rights petition under 
145.28 	section 260C.503, subdivision 2, is not in the best interests of the child.

145.29 	Sec. 118. Minnesota Statutes 2016, section 260C.007, subdivision 13, is amended to read:
145.30 		Subd. 13.Domestic child abuse. "Domestic child abuse" means:
146.1 	(1) any physical injury to a minor family or household member inflicted by an adult 
146.2 	family or household member other than by accidental means;
146.3 	(2) subjection of a minor family or household member by an adult family or household 
146.4 	member to any act which constitutes a violation of sections 609.321 to 609.324, 609.342, 
146.5 	609.343, 609.344, 609.345, or 617.246; or
146.6 	(3) physical or sexual abuse as defined in section ~~626.556, subdivision 2~~ 626B.02.

146.7 	Sec. 119. Minnesota Statutes 2016, section 260C.139, subdivision 3, is amended to read:
146.8 		Subd. 3.Status of child. For purposes of proceedings under this chapter and adoption 
146.9 	proceedings, a newborn left at a safe place, pursuant to subdivision 3 and section 145.902, 
146.10 	is considered an abandoned child under section ~~626.556, subdivision 2, paragraph (o)~~
146.11 	626B.02, subdivision 19, clause (2). The child is abandoned under sections 260C.007, 
146.12 	subdivision 6, clause (1), and 260C.301, subdivision 1, paragraph (b), clause (1).

146.13 	Sec. 120. Minnesota Statutes 2016, section 260C.150, subdivision 3, is amended to read:
146.14 		Subd. 3.Identifying parents of child; diligent efforts; data. (a) The responsible social 
146.15 	services agency shall make diligent efforts to identify and locate both parents of any child 
146.16 	who is the subject of proceedings under this chapter. Diligent efforts include:
146.17 	(1) asking the custodial or known parent to identify any nonresident parent of the child 
146.18 	and provide information that can be used to verify the nonresident parent's identity including 
146.19 	the dates and locations of marriages and divorces; dates and locations of any legal 
146.20 	proceedings regarding paternity; date and place of the child's birth; nonresident parent's full 
146.21 	legal name; nonresident parent's date of birth, or if the nonresident parent's date of birth is 
146.22 	unknown, an approximate age; the nonresident parent's Social Security number; the 
146.23 	nonresident parent's whereabouts including last known whereabouts; and the whereabouts 
146.24 	of relatives of the nonresident parent. For purposes of this subdivision, "nonresident parent" 
146.25 	means a parent who does not reside in the same household as the child or did not reside in 
146.26 	the same household as the child at the time the child was removed when the child is in foster 
146.27 	care;
146.28 	(2) obtaining information that will identify and locate the nonresident parent from the 
146.29 	county and state of Minnesota child support enforcement information system;
146.30 	(3) requesting a search of the Minnesota Fathers' Adoption Registry 30 days after the 
146.31 	child's birth; and
146.32 	(4) using any other reasonable means to identify and locate the nonresident parent.
147.1 	(b) The agency may disclose data which is otherwise private under section 13.46 or 
147.2 	~~626.556~~ chapter 626B in order to carry out its duties under this subdivision.
147.3 	(c) Upon the filing of a petition alleging the child to be in need of protection or services, 
147.4 	the responsible social services agency may contact a putative father who registered with 
147.5 	the Minnesota Fathers' Adoption Registry more than 30 days after the child's birth. The 
147.6 	social service agency may consider a putative father for the day-to-day care of the child 
147.7 	under section 260C.219 if the putative father cooperates with genetic testing and there is a 
147.8 	positive test result under section 257.62, subdivision 5. Nothing in this paragraph:
147.9 	(1) relieves a putative father who registered with the Minnesota Fathers' Adoption 
147.10 	Registry more than 30 days after the child's birth of the duty to cooperate with paternity 
147.11 	establishment proceedings under section 260C.219;
147.12 	(2) gives a putative father who registered with the Minnesota Fathers' Adoption Registry 
147.13 	more than 30 days after the child's birth the right to notice under section 260C.151 unless 
147.14 	the putative father is entitled to notice under sections 259.24 and 259.49, subdivision 1, 
147.15 	paragraph (a) or (b), clauses (1) to (7); or
147.16 	(3) establishes a right to assert an interest in the child in a termination of parental rights 
147.17 	proceeding contrary to section 259.52, subdivision 6, unless the putative father is entitled 
147.18 	to notice under sections 259.24 and 259.49, subdivision 1, paragraph (a) or (b), clauses (1) 
147.19 	to (7).

147.20 	Sec. 121. Minnesota Statutes 2016, section 260C.171, subdivision 3, is amended to read:
147.21 		Subd. 3.Attorney access to records. An attorney representing a child, parent, or guardian 
147.22 	ad litem in a proceeding under this chapter shall be given access to records, responsible 
147.23 	social services agency files, and reports which form the basis of any recommendation made 
147.24 	to the court. An attorney does not have access under this subdivision to the identity of a 
147.25 	person who made a report under ~~section 626.556~~ chapter 626B. The court may issue 
147.26 	protective orders to prohibit an attorney from sharing a specified record or portion of a 
147.27 	record with a client other than a guardian ad litem.

147.28 	Sec. 122. Minnesota Statutes 2016, section 260C.177, is amended to read:
147.29 	260C.177 PARENTAL AND LAW ENFORCEMENT NOTIFICATION.
147.30 	An emergency shelter and its agents, employees, and volunteers must comply with court 
147.31 	orders, ~~section 626.556,~~ this chapter, chapter 626B, and all other applicable laws. In any 
147.32 	event, unless other legal requirements require earlier or different notification or actions, an 
148.1 	emergency shelter must attempt to notify a runaway's parent or legal guardian of the 
148.2 	runaway's location and status within 72 hours. The notification must include a description 
148.3 	of the runaway's physical and emotional condition and the circumstances surrounding the 
148.4 	runaway's admission to the emergency shelter, unless there are compelling reasons not to 
148.5 	provide the parent or legal guardian with this information. Compelling reasons may include 
148.6 	circumstances in which the runaway is or has been exposed to domestic violence or a victim 
148.7 	of abuse, neglect, or abandonment.

148.8 	Sec. 123. Minnesota Statutes 2016, section 260C.178, subdivision 1, is amended to read:
148.9 		Subdivision 1.Hearing and release requirements. (a) If a child was taken into custody 
148.10 	under section 260C.175, subdivision 1, clause (1) or (2), item (ii), the court shall hold a 
148.11 	hearing within 72 hours of the time the child was taken into custody, excluding Saturdays, 
148.12 	Sundays, and holidays, to determine whether the child should continue in custody.
148.13 	(b) Unless there is reason to believe that the child would endanger self or others or not 
148.14 	return for a court hearing, or that the child's health or welfare would be immediately 
148.15 	endangered, the child shall be released to the custody of a parent, guardian, custodian, or 
148.16 	other suitable person, subject to reasonable conditions of release including, but not limited 
148.17 	to, a requirement that the child undergo a chemical use assessment as provided in section 
148.18 	260C.157, subdivision 1.
148.19 	(c) If the court determines there is reason to believe that the child would endanger self 
148.20 	or others or not return for a court hearing, or that the child's health or welfare would be 
148.21 	immediately endangered if returned to the care of the parent or guardian who has custody 
148.22 	and from whom the child was removed, the court shall order the child into foster care under 
148.23 	the legal responsibility of the responsible social services agency or responsible probation 
148.24 	or corrections agency for the purposes of protective care as that term is used in the juvenile 
148.25 	court rules or into the home of a noncustodial parent and order the noncustodial parent to 
148.26 	comply with any conditions the court determines to be appropriate to the safety and care of 
148.27 	the child, including cooperating with paternity establishment proceedings in the case of a 
148.28 	man who has not been adjudicated the child's father. The court shall not give the responsible 
148.29 	social services legal custody and order a trial home visit at any time prior to adjudication 
148.30 	and disposition under section 260C.201, subdivision 1, paragraph (a), clause (3), but may 
148.31 	order the child returned to the care of the parent or guardian who has custody and from 
148.32 	whom the child was removed and order the parent or guardian to comply with any conditions 
148.33 	the court determines to be appropriate to meet the safety, health, and welfare of the child.
149.1 	(d) In determining whether the child's health or welfare would be immediately 
149.2 	endangered, the court shall consider whether the child would reside with a perpetrator of 
149.3 	domestic child abuse.
149.4 	(e) The court, before determining whether a child should be placed in or continue in 
149.5 	foster care under the protective care of the responsible agency, shall also make a 
149.6 	determination, consistent with section 260.012 as to whether reasonable efforts were made 
149.7 	to prevent placement or whether reasonable efforts to prevent placement are not required. 
149.8 	In the case of an Indian child, the court shall determine whether active efforts, according 
149.9 	to section 260.762 and the Indian Child Welfare Act of 1978, United States Code, title 25, 
149.10 	section 1912(d), were made to prevent placement. The court shall enter a finding that the 
149.11 	responsible social services agency has made reasonable efforts to prevent placement when 
149.12 	the agency establishes either:
149.13 	(1) that it has actually provided services or made efforts in an attempt to prevent the 
149.14 	child's removal but that such services or efforts have not proven sufficient to permit the 
149.15 	child to safely remain in the home; or
149.16 	(2) that there are no services or other efforts that could be made at the time of the hearing 
149.17 	that could safely permit the child to remain home or to return home. When reasonable efforts 
149.18 	to prevent placement are required and there are services or other efforts that could be ordered 
149.19 	which would permit the child to safely return home, the court shall order the child returned 
149.20 	to the care of the parent or guardian and the services or efforts put in place to ensure the 
149.21 	child's safety. When the court makes a prima facie determination that one of the 
149.22 	circumstances under paragraph (g) exists, the court shall determine that reasonable efforts 
149.23 	to prevent placement and to return the child to the care of the parent or guardian are not 
149.24 	required.
149.25 	If the court finds the social services agency's preventive or reunification efforts have 
149.26 	not been reasonable but further preventive or reunification efforts could not permit the child 
149.27 	to safely remain at home, the court may nevertheless authorize or continue the removal of 
149.28 	the child.
149.29 	(f) The court may not order or continue the foster care placement of the child unless the 
149.30 	court makes explicit, individualized findings that continued custody of the child by the 
149.31 	parent or guardian would be contrary to the welfare of the child and that placement is in the 
149.32 	best interest of the child.
150.1 	(g) At the emergency removal hearing, or at any time during the course of the proceeding, 
150.2 	and upon notice and request of the county attorney, the court shall determine whether a 
150.3 	petition has been filed stating a prima facie case that:
150.4 	(1) the parent has subjected a child to egregious harm as defined in section 260C.007, 
150.5 	subdivision 14;
150.6 	(2) the parental rights of the parent to another child have been involuntarily terminated;
150.7 	(3) the child is an abandoned infant under section 260C.301, subdivision 2, paragraph 
150.8 	(a), clause (2);
150.9 	(4) the parents' custodial rights to another child have been involuntarily transferred to a 
150.10 	relative under Minnesota Statutes 2010, section 260C.201, subdivision 11, paragraph (e), 
150.11 	clause (1); section 260C.515, subdivision 4; or a similar law of another jurisdiction;
150.12 	(5) the parent has committed sexual abuse as defined in section ~~626.556, subdivision 2~~
150.13 	626B.02, against the child or another child of the parent;
150.14 	(6) the parent has committed an offense that requires registration as a predatory offender 
150.15 	under section 243.166, subdivision 1b, paragraph (a) or (b); or
150.16 	(7) the provision of services or further services for the purpose of reunification is futile 
150.17 	and therefore unreasonable.
150.18 	(h) When a petition to terminate parental rights is required under section 260C.301, 
150.19 	subdivision 4, or 260C.503, subdivision 2, but the county attorney has determined not to 
150.20 	proceed with a termination of parental rights petition, and has instead filed a petition to 
150.21 	transfer permanent legal and physical custody to a relative under section 260C.507, the 
150.22 	court shall schedule a permanency hearing within 30 days of the filing of the petition.
150.23 	(i) If the county attorney has filed a petition under section 260C.307, the court shall 
150.24 	schedule a trial under section 260C.163 within 90 days of the filing of the petition except 
150.25 	when the county attorney determines that the criminal case shall proceed to trial first under 
150.26 	section 260C.503, subdivision 2, paragraph (c).
150.27 	(j) If the court determines the child should be ordered into foster care and the child's 
150.28 	parent refuses to give information to the responsible social services agency regarding the 
150.29 	child's father or relatives of the child, the court may order the parent to disclose the names, 
150.30 	addresses, telephone numbers, and other identifying information to the responsible social 
150.31 	services agency for the purpose of complying with sections 260C.151, 260C.212, 260C.215,
150.32 	and 260C.221.
151.1 	(k) If a child ordered into foster care has siblings, whether full, half, or step, who are 
151.2 	also ordered into foster care, the court shall inquire of the responsible social services agency 
151.3 	of the efforts to place the children together as required by section 260C.212, subdivision 2, 
151.4 	paragraph (d), if placement together is in each child's best interests, unless a child is in 
151.5 	placement for treatment or a child is placed with a previously noncustodial parent who is 
151.6 	not a parent to all siblings. If the children are not placed together at the time of the hearing, 
151.7 	the court shall inquire at each subsequent hearing of the agency's reasonable efforts to place 
151.8 	the siblings together, as required under section 260.012. If any sibling is not placed with 
151.9 	another sibling or siblings, the agency must develop a plan to facilitate visitation or ongoing 
151.10 	contact among the siblings as required under section 260C.212, subdivision 1, unless it is 
151.11 	contrary to the safety or well-being of any of the siblings to do so.
151.12 	(l) When the court has ordered the child into foster care or into the home of a noncustodial 
151.13 	parent, the court may order a chemical dependency evaluation, mental health evaluation, 
151.14 	medical examination, and parenting assessment for the parent as necessary to support the 
151.15 	development of a plan for reunification required under subdivision 7 and section 260C.212, 
151.16 	subdivision 1, or the child protective services plan under section ~~626.556, subdivision 10~~
151.17 	626B.11, subdivision 11, and Minnesota Rules, part 9560.0228.

151.18 	Sec. 124. Minnesota Statutes 2016, section 260C.201, subdivision 6, is amended to read:
151.19 		Subd. 6.Case plan. (a) For each disposition ordered where the child is placed away 
151.20 	from a parent or guardian, the court shall order the responsible social services agency to 
151.21 	prepare a written out-of-home placement plan according to the requirements of section 
151.22 	260C.212, subdivision 1.
151.23 	(b) In cases where the child is not placed out of the home or is ordered into the home of 
151.24 	a noncustodial parent, the responsible social services agency shall prepare a plan for delivery 
151.25 	of social services to the child and custodial parent under section ~~626.556, subdivision 10~~
151.26 	626B.11, subdivision 11, or any other case plan required to meet the needs of the child. The 
151.27 	plan shall be designed to safely maintain the child in the home or to reunite the child with 
151.28 	the custodial parent.
151.29 	(c) The court may approve the case plan as presented or modify it after hearing from 
151.30 	the parties. Once the plan is approved, the court shall order all parties to comply with it. A 
151.31 	copy of the approved case plan shall be attached to the court's order and incorporated into 
151.32 	it by reference.
151.33 	(d) A party has a right to request a court review of the reasonableness of the case plan 
151.34 	upon a showing of a substantial change of circumstances.

152.1 	Sec. 125. Minnesota Statutes 2016, section 260C.209, subdivision 2, is amended to read:
152.2 		Subd. 2.General procedures. (a) When accessing information under subdivision 1, the 
152.3 	agency shall require the individual being assessed to provide sufficient information to ensure 
152.4 	an accurate assessment under this section, including:
152.5 	(1) the individual's first, middle, and last name and all other names by which the 
152.6 	individual has been known;
152.7 	(2) home address, zip code, city, county, and state of residence for the past five years;
152.8 	(3) sex;
152.9 	(4) date of birth; and
152.10 	(5) driver's license number or state identification number.
152.11 	(b) When notified by the responsible social services agency that it is accessing information 
152.12 	under subdivision 1, the Bureau of Criminal Apprehension, commissioners of health and 
152.13 	human services, law enforcement, and county agencies must provide the responsible social 
152.14 	services agency or county attorney with the following information on the individual being 
152.15 	assessed: criminal history data, local law enforcement data about the household, reports 
152.16 	about the maltreatment of adults substantiated under section 626.557, and reports of 
152.17 	maltreatment of minors substantiated under ~~section 626.556~~ chapter 626B.

152.18 	Sec. 126. Minnesota Statutes 2016, section 260C.212, subdivision 12, is amended to read:
152.19 		Subd. 12.Fair hearing review. Any person whose claim for foster care payment pursuant 
152.20 	to the placement of a child resulting from a child protection assessment under ~~section 626.556~~
152.21 	chapter 626B is denied or not acted upon with reasonable promptness may appeal the 
152.22 	decision under section 256.045, subdivision 3.

152.23 	Sec. 127. Minnesota Statutes 2016, section 260C.221, is amended to read:
152.24 	260C.221 RELATIVE SEARCH.
152.25 	(a) The responsible social services agency shall exercise due diligence to identify and 
152.26 	notify adult relatives prior to placement or within 30 days after the child's removal from the 
152.27 	parent. The county agency shall consider placement with a relative under this section without 
152.28 	delay and whenever the child must move from or be returned to foster care. The relative 
152.29 	search required by this section shall be comprehensive in scope. After a finding that the 
152.30 	agency has made reasonable efforts to conduct the relative search under this paragraph, the 
152.31 	agency has the continuing responsibility to appropriately involve relatives, who have 
153.1 	responded to the notice required under this paragraph, in planning for the child and to 
153.2 	continue to consider relatives according to the requirements of section 260C.212, subdivision 
153.3 	2. At any time during the course of juvenile protection proceedings, the court may order 
153.4 	the agency to reopen its search for relatives when it is in the child's best interest to do so.
153.5 	(b) The relative search required by this section shall include both maternal and paternal 
153.6 	adult relatives of the child; all adult grandparents; all legal parents, guardians or custodians 
153.7 	of the child's siblings; and any other adult relatives suggested by the child's parents, subject 
153.8 	to the exceptions due to family violence in paragraph (c). The search shall also include 
153.9 	getting information from the child in an age-appropriate manner about who the child 
153.10 	considers to be family members and important friends with whom the child has resided or 
153.11 	had significant contact. The relative search required under this section must fulfill the 
153.12 	agency's duties under the Indian Child Welfare Act regarding active efforts to prevent the 
153.13 	breakup of the Indian family under United States Code, title 25, section 1912(d), and to 
153.14 	meet placement preferences under United States Code, title 25, section 1915. The relatives 
153.15 	must be notified:
153.16 	(1) of the need for a foster home for the child, the option to become a placement resource 
153.17 	for the child, and the possibility of the need for a permanent placement for the child;
153.18 	(2) of their responsibility to keep the responsible social services agency and the court 
153.19 	informed of their current address in order to receive notice in the event that a permanent 
153.20 	placement is sought for the child and to receive notice of the permanency progress review 
153.21 	hearing under section 260C.204. A relative who fails to provide a current address to the 
153.22 	responsible social services agency and the court forfeits the right to receive notice of the 
153.23 	possibility of permanent placement and of the permanency progress review hearing under 
153.24 	section 260C.204. A decision by a relative not to be identified as a potential permanent 
153.25 	placement resource or participate in planning for the child at the beginning of the case shall 
153.26 	not affect whether the relative is considered for placement of the child with that relative 
153.27 	later;
153.28 	(3) that the relative may participate in the care and planning for the child, including that 
153.29 	the opportunity for such participation may be lost by failing to respond to the notice sent 
153.30 	under this subdivision. "Participate in the care and planning" includes, but is not limited to, 
153.31 	participation in case planning for the parent and child, identifying the strengths and needs 
153.32 	of the parent and child, supervising visits, providing respite and vacation visits for the child, 
153.33 	providing transportation to appointments, suggesting other relatives who might be able to 
153.34 	help support the case plan, and to the extent possible, helping to maintain the child's familiar 
153.35 	and regular activities and contact with friends and relatives;
154.1 	(4) of the family foster care licensing requirements, including how to complete an 
154.2 	application and how to request a variance from licensing standards that do not present a 
154.3 	safety or health risk to the child in the home under section 245A.04 and supports that are 
154.4 	available for relatives and children who reside in a family foster home; and
154.5 	(5) of the relatives' right to ask to be notified of any court proceedings regarding the 
154.6 	child, to attend the hearings, and of a relative's right or opportunity to be heard by the court 
154.7 	as required under section 260C.152, subdivision 5.
154.8 	(c) A responsible social services agency may disclose private data, as defined in ~~sections~~
154.9 	section13.02 and ~~626.556~~ chapter 626B, to relatives of the child for the purpose of locating 
154.10 	and assessing a suitable placement and may use any reasonable means of identifying and 
154.11 	locating relatives including the Internet or other electronic means of conducting a search. 
154.12 	The agency shall disclose data that is necessary to facilitate possible placement with relatives 
154.13 	and to ensure that the relative is informed of the needs of the child so the relative can 
154.14 	participate in planning for the child and be supportive of services to the child and family. 
154.15 	If the child's parent refuses to give the responsible social services agency information 
154.16 	sufficient to identify the maternal and paternal relatives of the child, the agency shall ask 
154.17 	the juvenile court to order the parent to provide the necessary information. If a parent makes 
154.18 	an explicit request that a specific relative not be contacted or considered for placement due 
154.19 	to safety reasons including past family or domestic violence, the agency shall bring the 
154.20 	parent's request to the attention of the court to determine whether the parent's request is 
154.21 	consistent with the best interests of the child and the agency shall not contact the specific 
154.22 	relative when the juvenile court finds that contacting the specific relative would endanger 
154.23 	the parent, guardian, child, sibling, or any family member.
154.24 	(d) At a regularly scheduled hearing not later than three months after the child's placement 
154.25 	in foster care and as required in section 260C.202, the agency shall report to the court:
154.26 	(1) its efforts to identify maternal and paternal relatives of the child and to engage the 
154.27 	relatives in providing support for the child and family, and document that the relatives have 
154.28 	been provided the notice required under paragraph (a); and
154.29 	(2) its decision regarding placing the child with a relative as required under section 
154.30 	260C.212, subdivision 2, and to ask relatives to visit or maintain contact with the child in 
154.31 	order to support family connections for the child, when placement with a relative is not 
154.32 	possible or appropriate.
155.1 	(e) Notwithstanding chapter 13, the agency shall disclose data about particular relatives 
155.2 	identified, searched for, and contacted for the purposes of the court's review of the agency's 
155.3 	due diligence.
155.4 	(f) When the court is satisfied that the agency has exercised due diligence to identify 
155.5 	relatives and provide the notice required in paragraph (a), the court may find that reasonable 
155.6 	efforts have been made to conduct a relative search to identify and provide notice to adult 
155.7 	relatives as required under section 260.012, paragraph (e), clause (3). If the court is not 
155.8 	satisfied that the agency has exercised due diligence to identify relatives and provide the 
155.9 	notice required in paragraph (a), the court may order the agency to continue its search and 
155.10 	notice efforts and to report back to the court.
155.11 	(g) When the placing agency determines that permanent placement proceedings are 
155.12 	necessary because there is a likelihood that the child will not return to a parent's care, the 
155.13 	agency must send the notice provided in paragraph (h), may ask the court to modify the 
155.14 	duty of the agency to send the notice required in paragraph (h), or may ask the court to 
155.15 	completely relieve the agency of the requirements of paragraph (h). The relative notification 
155.16 	requirements of paragraph (h) do not apply when the child is placed with an appropriate 
155.17 	relative or a foster home that has committed to adopting the child or taking permanent legal 
155.18 	and physical custody of the child and the agency approves of that foster home for permanent 
155.19 	placement of the child. The actions ordered by the court under this section must be consistent 
155.20 	with the best interests, safety, permanency, and welfare of the child.
155.21 	(h) Unless required under the Indian Child Welfare Act or relieved of this duty by the 
155.22 	court under paragraph (f), when the agency determines that it is necessary to prepare for 
155.23 	permanent placement determination proceedings, or in anticipation of filing a termination 
155.24 	of parental rights petition, the agency shall send notice to the relatives, any adult with whom 
155.25 	the child is currently residing, any adult with whom the child has resided for one year or 
155.26 	longer in the past, and any adults who have maintained a relationship or exercised visitation 
155.27 	with the child as identified in the agency case plan. The notice must state that a permanent 
155.28 	home is sought for the child and that the individuals receiving the notice may indicate to 
155.29 	the agency their interest in providing a permanent home. The notice must state that within 
155.30 	30 days of receipt of the notice an individual receiving the notice must indicate to the agency 
155.31 	the individual's interest in providing a permanent home for the child or that the individual 
155.32 	may lose the opportunity to be considered for a permanent placement.

156.1 	Sec. 128. Minnesota Statutes 2016, section 260C.503, subdivision 2, is amended to read:
156.2 		Subd. 2.Termination of parental rights. (a) The responsible social services agency 
156.3 	must ask the county attorney to immediately file a termination of parental rights petition 
156.4 	when:
156.5 	(1) the child has been subjected to egregious harm as defined in section 260C.007, 
156.6 	subdivision 14;
156.7 	(2) the child is determined to be the sibling of a child who was subjected to egregious 
156.8 	harm;
156.9 	(3) the child is an abandoned infant as defined in section 260C.301, subdivision 2, 
156.10 	paragraph (a), clause (2);
156.11 	(4) the child's parent has lost parental rights to another child through an order involuntarily 
156.12 	terminating the parent's rights;
156.13 	(5) the parent has committed sexual abuse as defined in section ~~626.556, subdivision 2~~
156.14 	626B.02, against the child or another child of the parent;
156.15 	(6) the parent has committed an offense that requires registration as a predatory offender 
156.16 	under section 243.166, subdivision 1b, paragraph (a) or (b); or
156.17 	(7) another child of the parent is the subject of an order involuntarily transferring 
156.18 	permanent legal and physical custody of the child to a relative under this chapter or a similar 
156.19 	law of another jurisdiction;
156.20 	The county attorney shall file a termination of parental rights petition unless the conditions 
156.21 	of paragraph (d) are met.
156.22 	(b) When the termination of parental rights petition is filed under this subdivision, the 
156.23 	responsible social services agency shall identify, recruit, and approve an adoptive family 
156.24 	for the child. If a termination of parental rights petition has been filed by another party, the 
156.25 	responsible social services agency shall be joined as a party to the petition.
156.26 	(c) If criminal charges have been filed against a parent arising out of the conduct alleged 
156.27 	to constitute egregious harm, the county attorney shall determine which matter should 
156.28 	proceed to trial first, consistent with the best interests of the child and subject to the 
156.29 	defendant's right to a speedy trial.
156.30 	(d) The requirement of paragraph (a) does not apply if the responsible social services 
156.31 	agency and the county attorney determine and file with the court:
157.1 	(1) a petition for transfer of permanent legal and physical custody to a relative under 
157.2 	sections 260C.505 and 260C.515, subdivision 3, including a determination that adoption is 
157.3 	not in the child's best interests and that transfer of permanent legal and physical custody is 
157.4 	in the child's best interests; or
157.5 	(2) a petition under section 260C.141 alleging the child, and where appropriate, the 
157.6 	child's siblings, to be in need of protection or services accompanied by a case plan prepared 
157.7 	by the responsible social services agency documenting a compelling reason why filing a 
157.8 	termination of parental rights petition would not be in the best interests of the child.

157.9 	Sec. 129. Minnesota Statutes 2016, section 260D.01, is amended to read:
157.10 	260D.01 CHILD IN VOLUNTARY FOSTER CARE FOR TREATMENT.
157.11 	(a) Sections 260D.01 to 260D.10, may be cited as the "child in voluntary foster care for 
157.12 	treatment" provisions of the Juvenile Court Act.
157.13 	(b) The juvenile court has original and exclusive jurisdiction over a child in voluntary 
157.14 	foster care for treatment upon the filing of a report or petition required under this chapter. 
157.15 	All obligations of the agency to a child and family in foster care contained in chapter 260C 
157.16 	not inconsistent with this chapter are also obligations of the agency with regard to a child 
157.17 	in foster care for treatment under this chapter.
157.18 	(c) This chapter shall be construed consistently with the mission of the children's mental 
157.19 	health service system as set out in section 245.487, subdivision 3, and the duties of an agency 
157.20 	under sections 256B.092 and 260C.157 and Minnesota Rules, parts 9525.0004 to 9525.0016, 
157.21 	to meet the needs of a child with a developmental disability or related condition. This 
157.22 	chapter:
157.23 	(1) establishes voluntary foster care through a voluntary foster care agreement as the 
157.24 	means for an agency and a parent to provide needed treatment when the child must be in 
157.25 	foster care to receive necessary treatment for an emotional disturbance or developmental 
157.26 	disability or related condition;
157.27 	(2) establishes court review requirements for a child in voluntary foster care for treatment 
157.28 	due to emotional disturbance or developmental disability or a related condition;
157.29 	(3) establishes the ongoing responsibility of the parent as legal custodian to visit the 
157.30 	child, to plan together with the agency for the child's treatment needs, to be available and 
157.31 	accessible to the agency to make treatment decisions, and to obtain necessary medical, 
157.32 	dental, and other care for the child; and
158.1 	(4) applies to voluntary foster care when the child's parent and the agency agree that the 
158.2 	child's treatment needs require foster care either:
158.3 	(i) due to a level of care determination by the agency's screening team informed by the 
158.4 	diagnostic and functional assessment under section 245.4885; or
158.5 	(ii) due to a determination regarding the level of services needed by the responsible 
158.6 	social services' screening team under section 256B.092, and Minnesota Rules, parts 
158.7 	9525.0004 to 9525.0016.
158.8 	(d) This chapter does not apply when there is a current determination under ~~section~~ 
158.9 	~~626.556~~ chapter 626B that the child requires child protective services or when the child is 
158.10 	in foster care for any reason other than treatment for the child's emotional disturbance or 
158.11 	developmental disability or related condition. When there is a determination under ~~section~~ 
158.12 	~~626.556~~ chapter 626B that the child requires child protective services based on an assessment 
158.13 	that there are safety and risk issues for the child that have not been mitigated through the 
158.14 	parent's engagement in services or otherwise, or when the child is in foster care for any 
158.15 	reason other than the child's emotional disturbance or developmental disability or related 
158.16 	condition, the provisions of chapter 260C apply.
158.17 	(e) The paramount consideration in all proceedings concerning a child in voluntary foster 
158.18 	care for treatment is the safety, health, and the best interests of the child. The purpose of 
158.19 	this chapter is:
158.20 	(1) to ensure a child with a disability is provided the services necessary to treat or 
158.21 	ameliorate the symptoms of the child's disability;
158.22 	(2) to preserve and strengthen the child's family ties whenever possible and in the child's 
158.23 	best interests, approving the child's placement away from the child's parents only when the 
158.24 	child's need for care or treatment requires it and the child cannot be maintained in the home 
158.25 	of the parent; and
158.26 	(3) to ensure the child's parent retains legal custody of the child and associated 
158.27 	decision-making authority unless the child's parent willfully fails or is unable to make 
158.28 	decisions that meet the child's safety, health, and best interests. The court may not find that 
158.29 	the parent willfully fails or is unable to make decisions that meet the child's needs solely 
158.30 	because the parent disagrees with the agency's choice of foster care facility, unless the 
158.31 	agency files a petition under chapter 260C, and establishes by clear and convincing evidence 
158.32 	that the child is in need of protection or services.
159.1 	(f) The legal parent-child relationship shall be supported under this chapter by maintaining 
159.2 	the parent's legal authority and responsibility for ongoing planning for the child and by the 
159.3 	agency's assisting the parent, where necessary, to exercise the parent's ongoing right and 
159.4 	obligation to visit or to have reasonable contact with the child. Ongoing planning means:
159.5 	(1) actively participating in the planning and provision of educational services, medical, 
159.6 	and dental care for the child;
159.7 	(2) actively planning and participating with the agency and the foster care facility for 
159.8 	the child's treatment needs; and
159.9 	(3) planning to meet the child's need for safety, stability, and permanency, and the child's 
159.10 	need to stay connected to the child's family and community.
159.11 	(g) The provisions of section 260.012 to ensure placement prevention, family 
159.12 	reunification, and all active and reasonable effort requirements of that section apply. This 
159.13 	chapter shall be construed consistently with the requirements of the Indian Child Welfare 
159.14 	Act of 1978, United States Code, title 25, section 1901, et al., and the provisions of the 
159.15 	Minnesota Indian Family Preservation Act, sections 260.751 to 260.835.

159.16 	Sec. 130. Minnesota Statutes 2016, section 260D.02, subdivision 3, is amended to read:
159.17 		Subd. 3.Case plan. "Case plan" means any plan for the delivery of services to a child 
159.18 	and parent, or when reunification is not required, the child alone, that is developed according 
159.19 	to the requirements of sections 245.4871, subdivision 19 or 21; 245.492, subdivision 16; 
159.20 	256B.092; 260C.212, subdivision 1; ~~626.556, subdivision 10~~ 626B.11, subdivision 11; and 
159.21 	Minnesota Rules, parts 9525.0004 to 9525.0016.

159.22 	Sec. 131. Minnesota Statutes 2016, section 260D.02, subdivision 5, is amended to read:
159.23 		Subd. 5.Child in voluntary foster care for treatment. "Child in voluntary foster care 
159.24 	for treatment" means a child who is emotionally disturbed or developmentally disabled or 
159.25 	has a related condition and is in foster care under a voluntary foster care agreement between 
159.26 	the child's parent and the agency due to concurrence between the agency and the parent 
159.27 	when it is determined that foster care is medically necessary:
159.28 	(1) due to a determination by the agency's screening team based on its review of the 
159.29 	diagnostic and functional assessment under section 245.4885; or
159.30 	(2) due to a determination by the agency's screening team under section 256B.092 and 
159.31 	Minnesota Rules, parts 9525.0004 to 9525.0016.
160.1 	A child is not in voluntary foster care for treatment under this chapter when there is a 
160.2 	current determination under ~~section 626.556~~ chapter 626B that the child requires child 
160.3 	protective services or when the child is in foster care for any reason other than the child's 
160.4 	emotional or developmental disability or related condition.

160.5 	Sec. 132. Minnesota Statutes 2016, section 299C.093, is amended to read:
160.6 	299C.093 DATABASE OF REGISTERED PREDATORY OFFENDERS.
160.7 	The superintendent of the Bureau of Criminal Apprehension shall maintain a 
160.8 	computerized data system relating to individuals required to register as predatory offenders 
160.9 	under section 243.166. To the degree feasible, the system must include the data required to 
160.10 	be provided under section 243.166, subdivisions 4 and 4a, and indicate the time period that 
160.11 	the person is required to register. The superintendent shall maintain this data in a manner 
160.12 	that ensures that it is readily available to law enforcement agencies. This data is private data 
160.13 	on individuals under section 13.02, subdivision 12, but may be used for law enforcement 
160.14 	and corrections purposes. Law enforcement may disclose the status of an individual as a 
160.15 	predatory offender to a child protection worker with a local welfare agency for purposes of 
160.16 	doing a family assessment under ~~section 626.556~~ chapter 626B. The commissioner of human 
160.17 	services has access to the data for state-operated services, as defined in section 246.014, 
160.18 	for the purposes described in section 246.13, subdivision 2, paragraph (b), and for purposes 
160.19 	of conducting background studies under chapter 245C.

160.20 	Sec. 133. Minnesota Statutes 2016, section 388.051, subdivision 2, is amended to read:
160.21 		Subd. 2.Special provisions. (a) In Anoka, Carver, Dakota, Hennepin, Scott, and 
160.22 	Washington Counties, only the county attorney shall prosecute gross misdemeanor violations 
160.23 	of sections 289A.63, subdivisions 1, 2, 4, and 6; 297B.10; 609.255, subdivision 3; 609.377; 
160.24 	609.378; 609.41; and 617.247.
160.25 	(b) In Ramsey County, only the county attorney shall prosecute gross misdemeanor 
160.26 	violations of sections 609.255, subdivision 3; 609.377; and 609.378.
160.27 	(c) The county attorney shall prosecute failure to report physical or sexual child abuse 
160.28 	or neglect as provided under section ~~626.556, subdivision 6~~ 626B.04, subdivision 3, violations 
160.29 	of fifth-degree criminal sexual conduct under section 609.3451, and environmental law 
160.30 	violations under sections 115.071, 299F.098, and 609.671.
160.31 	(d) Except in Hennepin and Ramsey Counties, only the county attorney shall prosecute 
160.32 	gross misdemeanor violations of section 152.025.

161.1 	Sec. 134. Minnesota Statutes 2016, section 518.165, subdivision 2, is amended to read:
161.2 		Subd. 2.Required appointment of guardian ad litem. In all proceedings for child 
161.3 	custody or for marriage dissolution or legal separation in which custody or parenting time 
161.4 	with a minor child is an issue, if the court has reason to believe that the minor child is a 
161.5 	victim of domestic child abuse or neglect, as those terms are defined in ~~sections~~ section
161.6 	260C.007 and ~~626.556~~ chapter 626B, respectively, the court shall appoint a guardian ad 
161.7 	litem. The guardian ad litem shall represent the interests of the child and advise the court 
161.8 	with respect to custody and parenting time. If the child is represented by a guardian ad litem 
161.9 	in any other pending proceeding, the court may appoint that guardian to represent the child 
161.10 	in the custody or parenting time proceeding. No guardian ad litem need be appointed if the 
161.11 	alleged domestic child abuse or neglect is before the court on a juvenile dependency and 
161.12 	neglect petition. Nothing in this subdivision requires the court to appoint a guardian ad litem 
161.13 	in any proceeding for child custody, marriage dissolution, or legal separation in which an 
161.14 	allegation of domestic child abuse or neglect has not been made.

161.15 	Sec. 135. Minnesota Statutes 2016, section 518.165, subdivision 5, is amended to read:
161.16 		Subd. 5.Procedure, criminal history, and maltreatment records background study.
 161.17 	(a) When the court requests a background study under subdivision 4, paragraph (a), the 
161.18 	request shall be submitted to the Department of Human Services through the department's 
161.19 	electronic online background study system.
161.20 	(b) When the court requests a search of the National Criminal Records Repository, the 
161.21 	court must provide a set of classifiable fingerprints of the subject of the study on a fingerprint 
161.22 	card provided by the commissioner of human services.
161.23 	(c) The commissioner of human services shall provide the court with criminal history 
161.24 	data as defined in section 13.87 from the Bureau of Criminal Apprehension in the Department 
161.25 	of Public Safety, other criminal history data held by the commissioner of human services, 
161.26 	and data regarding substantiated maltreatment of a minor under ~~section 626.556~~ chapter 
161.27 	626B, and substantiated maltreatment of a vulnerable adult under section 626.557, within 
161.28 	15 working days of receipt of a request. If the subject of the study has been determined by 
161.29 	the Department of Human Services or the Department of Health to be the perpetrator of 
161.30 	substantiated maltreatment of a minor or vulnerable adult in a licensed facility, the response 
161.31 	must include a copy of the public portion of the investigation memorandum under section 
161.32 	~~626.556, subdivision 10f~~ 626B.11, subdivision 8, or the public portion of the investigation 
161.33 	memorandum under section 626.557, subdivision 12b. When the background study shows 
161.34 	that the subject has been determined by a county adult protection or child protection agency 
162.1 	to have been responsible for maltreatment, the court shall be informed of the county, the 
162.2 	date of the finding, and the nature of the maltreatment that was substantiated. The 
162.3 	commissioner shall provide the court with information from the National Criminal Records 
162.4 	Repository within three working days of the commissioner's receipt of the data. When the 
162.5 	commissioner finds no criminal history or substantiated maltreatment on a background 
162.6 	study subject, the commissioner shall make these results available to the court electronically 
162.7 	through the secure online background study system.
162.8 	(d) Notwithstanding section ~~626.556, subdivision 10f, or~~626.557, subdivision 12b, or 
162.9 	626B.11, subdivision 8, if the commissioner or county lead agency or lead investigative 
162.10 	agency has information that a person on whom a background study was previously done 
162.11 	under this section has been determined to be a perpetrator of maltreatment of a minor or 
162.12 	vulnerable adult, the commissioner or the county may provide this information to the court 
162.13 	that requested the background study.

162.14 	Sec. 136. Minnesota Statutes 2016, section 524.5-118, subdivision 2, is amended to read:
162.15 		Subd. 2.Procedure; criminal history and maltreatment records background check.
 162.16 	(a) The court shall request the commissioner of human services to complete a background 
162.17 	study under section 245C.32. The request must be accompanied by the applicable fee and 
162.18 	the signed consent of the subject of the study authorizing the release of the data obtained 
162.19 	to the court. If the court is requesting a search of the National Criminal Records Repository, 
162.20 	the request must be accompanied by a set of classifiable fingerprints of the subject of the 
162.21 	study. The fingerprints must be recorded on a fingerprint card provided by the commissioner 
162.22 	of human services.
162.23 	(b) The commissioner of human services shall provide the court with criminal history 
162.24 	data as defined in section 13.87 from the Bureau of Criminal Apprehension in the Department 
162.25 	of Public Safety, other criminal history data held by the commissioner of human services, 
162.26 	and data regarding substantiated maltreatment of vulnerable adults under section 626.557 
162.27 	and substantiated maltreatment of minors under ~~section 626.556~~ chapter 626B within 15 
162.28 	working days of receipt of a request. If the subject of the study has been the perpetrator of 
162.29 	substantiated maltreatment of a vulnerable adult or minor, the response must include a copy 
162.30 	of the public portion of the investigation memorandum under section 626.557, subdivision 
162.31 	12b, or the public portion of the investigation memorandum under section ~~626.556,~~ 
162.32 	~~subdivision 10f~~ 626B.11, subdivision 8. If the court did not request a search of the National 
162.33 	Criminal Records Repository and information from the Bureau of Criminal Apprehension 
162.34 	indicates that the subject is a multistate offender or that multistate offender status is 
163.1 	undetermined, the response must include this information. The commissioner shall provide 
163.2 	the court with information from the National Criminal Records Repository within three 
163.3 	working days of the commissioner's receipt of the data.
163.4 	(c) Notwithstanding section 626.557, subdivision 12b, or ~~626.556, subdivision 10f~~
163.5 	626B.11, subdivision 8, if the commissioner of human services or a county lead agency or 
163.6 	lead investigative agency has information that a person on whom a background study was 
163.7 	previously done under this section has been determined to be a perpetrator of maltreatment 
163.8 	of a vulnerable adult or minor, the commissioner or the county may provide this information 
163.9 	to the court that requested the background study. The commissioner may also provide the 
163.10 	court with additional criminal history or substantiated maltreatment information that becomes 
163.11 	available after the background study is done.

163.12 	Sec. 137. Minnesota Statutes 2016, section 595.02, subdivision 1, is amended to read:
163.13 		Subdivision 1.Competency of witnesses. Every person of sufficient understanding, 
163.14 	including a party, may testify in any action or proceeding, civil or criminal, in court or 
163.15 	before any person who has authority to receive evidence, except as provided in this 
163.16 	subdivision:
163.17 	(a) A husband cannot be examined for or against his wife without her consent, nor a 
163.18 	wife for or against her husband without his consent, nor can either, during the marriage or 
163.19 	afterwards, without the consent of the other, be examined as to any communication made 
163.20 	by one to the other during the marriage. This exception does not apply to a civil action or 
163.21 	proceeding by one against the other, nor to a criminal action or proceeding for a crime 
163.22 	committed by one against the other or against a child of either or against a child under the 
163.23 	care of either spouse, nor to a criminal action or proceeding in which one is charged with 
163.24 	homicide or an attempt to commit homicide and the date of the marriage of the defendant 
163.25 	is subsequent to the date of the offense, nor to an action or proceeding for nonsupport, 
163.26 	neglect, dependency, or termination of parental rights.
163.27 	(b) An attorney cannot, without the consent of the attorney's client, be examined as to 
163.28 	any communication made by the client to the attorney or the attorney's advice given thereon 
163.29 	in the course of professional duty; nor can any employee of the attorney be examined as to 
163.30 	the communication or advice, without the client's consent.
163.31 	(c) A member of the clergy or other minister of any religion shall not, without the consent 
163.32 	of the party making the confession, be allowed to disclose a confession made to the member 
163.33 	of the clergy or other minister in a professional character, in the course of discipline enjoined 
163.34 	by the rules or practice of the religious body to which the member of the clergy or other 
164.1 	minister belongs; nor shall a member of the clergy or other minister of any religion be 
164.2 	examined as to any communication made to the member of the clergy or other minister by 
164.3 	any person seeking religious or spiritual advice, aid, or comfort or advice given thereon in 
164.4 	the course of the member of the clergy's or other minister's professional character, without 
164.5 	the consent of the person.
164.6 	(d) A licensed physician or surgeon, dentist, or chiropractor shall not, without the consent 
164.7 	of the patient, be allowed to disclose any information or any opinion based thereon which 
164.8 	the professional acquired in attending the patient in a professional capacity, and which was 
164.9 	necessary to enable the professional to act in that capacity; after the decease of the patient, 
164.10 	in an action to recover insurance benefits, where the insurance has been in existence two 
164.11 	years or more, the beneficiaries shall be deemed to be the personal representatives of the 
164.12 	deceased person for the purpose of waiving this privilege, and no oral or written waiver of 
164.13 	the privilege shall have any binding force or effect except when made upon the trial or 
164.14 	examination where the evidence is offered or received.
164.15 	(e) A public officer shall not be allowed to disclose communications made to the officer 
164.16 	in official confidence when the public interest would suffer by the disclosure.
164.17 	(f) Persons of unsound mind and persons intoxicated at the time of their production for 
164.18 	examination are not competent witnesses if they lack capacity to remember or to relate 
164.19 	truthfully facts respecting which they are examined.
164.20 	(g) A registered nurse, psychologist, consulting psychologist, or licensed social worker 
164.21 	engaged in a psychological or social assessment or treatment of an individual at the 
164.22 	individual's request shall not, without the consent of the professional's client, be allowed to 
164.23 	disclose any information or opinion based thereon which the professional has acquired in 
164.24 	attending the client in a professional capacity, and which was necessary to enable the 
164.25 	professional to act in that capacity. Nothing in this clause exempts licensed social workers 
164.26 	from compliance with the provisions of ~~sections 626.556 and~~ section626.557 and chapter 
164.27 	626B.
164.28 	(h) An interpreter for a person disabled in communication shall not, without the consent 
164.29 	of the person, be allowed to disclose any communication if the communication would, if 
164.30 	the interpreter were not present, be privileged. For purposes of this section, a "person disabled 
164.31 	in communication" means a person who, because of a hearing, speech or other communication 
164.32 	disorder, or because of the inability to speak or comprehend the English language, is unable 
164.33 	to understand the proceedings in which the person is required to participate. The presence 
164.34 	of an interpreter as an aid to communication does not destroy an otherwise existing privilege.
165.1 	(i) Licensed chemical dependency counselors shall not disclose information or an opinion 
165.2 	based on the information which they acquire from persons consulting them in their 
165.3 	professional capacities, and which was necessary to enable them to act in that capacity, 
165.4 	except that they may do so:
165.5 	(1) when informed consent has been obtained in writing, except in those circumstances 
165.6 	in which not to do so would violate the law or would result in clear and imminent danger 
165.7 	to the client or others;
165.8 	(2) when the communications reveal the contemplation or ongoing commission of a 
165.9 	crime; or
165.10 	(3) when the consulting person waives the privilege by bringing suit or filing charges 
165.11 	against the licensed professional whom that person consulted.
165.12 	(j) A parent or the parent's minor child may not be examined as to any communication 
165.13 	made in confidence by the minor to the minor's parent. A communication is confidential if 
165.14 	made out of the presence of persons not members of the child's immediate family living in 
165.15 	the same household. This exception may be waived by express consent to disclosure by a 
165.16 	parent entitled to claim the privilege or by the child who made the communication or by 
165.17 	failure of the child or parent to object when the contents of a communication are demanded. 
165.18 	This exception does not apply to a civil action or proceeding by one spouse against the other 
165.19 	or by a parent or child against the other, nor to a proceeding to commit either the child or 
165.20 	parent to whom the communication was made or to place the person or property or either 
165.21 	under the control of another because of an alleged mental or physical condition, nor to a 
165.22 	criminal action or proceeding in which the parent is charged with a crime committed against 
165.23 	the person or property of the communicating child, the parent's spouse, or a child of either 
165.24 	the parent or the parent's spouse, or in which a child is charged with a crime or act of 
165.25 	delinquency committed against the person or property of a parent or a child of a parent, nor 
165.26 	to an action or proceeding for termination of parental rights, nor any other action or 
165.27 	proceeding on a petition alleging child abuse, child neglect, abandonment or nonsupport 
165.28 	by a parent.
165.29 	(k) Sexual assault counselors may not be allowed to disclose any opinion or information 
165.30 	received from or about the victim without the consent of the victim. However, a counselor 
165.31 	may be compelled to identify or disclose information in investigations or proceedings related 
165.32 	to neglect or termination of parental rights if the court determines good cause exists. In 
165.33 	determining whether to compel disclosure, the court shall weigh the public interest and need 
165.34 	for disclosure against the effect on the victim, the treatment relationship, and the treatment 
166.1 	services if disclosure occurs. Nothing in this clause exempts sexual assault counselors from 
166.2 	compliance with the provisions of ~~sections 626.556 and~~ section626.557 and chapter 626B.
166.3 	"Sexual assault counselor" for the purpose of this section means a person who has 
166.4 	undergone at least 40 hours of crisis counseling training and works under the direction of 
166.5 	a supervisor in a crisis center, whose primary purpose is to render advice, counseling, or 
166.6 	assistance to victims of sexual assault.
166.7 	(l) A domestic abuse advocate may not be compelled to disclose any opinion or 
166.8 	information received from or about the victim without the consent of the victim unless 
166.9 	ordered by the court. In determining whether to compel disclosure, the court shall weigh 
166.10 	the public interest and need for disclosure against the effect on the victim, the relationship 
166.11 	between the victim and domestic abuse advocate, and the services if disclosure occurs. 
166.12 	Nothing in this paragraph exempts domestic abuse advocates from compliance with the 
166.13 	provisions of ~~sections 626.556 and~~ section626.557 and chapter 626B.
166.14 	For the purposes of this section, "domestic abuse advocate" means an employee or 
166.15 	supervised volunteer from a community-based battered women's shelter and domestic abuse 
166.16 	program eligible to receive grants under section 611A.32; that provides information, 
166.17 	advocacy, crisis intervention, emergency shelter, or support to victims of domestic abuse 
166.18 	and who is not employed by or under the direct supervision of a law enforcement agency, 
166.19 	a prosecutor's office, or by a city, county, or state agency.
166.20 	(m) A person cannot be examined as to any communication or document, including 
166.21 	work notes, made or used in the course of or because of mediation pursuant to an agreement 
166.22 	to mediate or a collaborative law process pursuant to an agreement to participate in 
166.23 	collaborative law. This does not apply to the parties in the dispute in an application to a 
166.24 	court by a party to have a mediated settlement agreement or a stipulated agreement resulting 
166.25 	from the collaborative law process set aside or reformed. A communication or document 
166.26 	otherwise not privileged does not become privileged because of this paragraph. This 
166.27 	paragraph is not intended to limit the privilege accorded to communication during mediation 
166.28 	or collaborative law by the common law.
166.29 	(n) A child under ten years of age is a competent witness unless the court finds that the 
166.30 	child lacks the capacity to remember or to relate truthfully facts respecting which the child 
166.31 	is examined. A child describing any act or event may use language appropriate for a child 
166.32 	of that age.
166.33 	(o) A communication assistant for a telecommunications relay system for persons who 
166.34 	have communication disabilities shall not, without the consent of the person making the 
167.1 	communication, be allowed to disclose communications made to the communication assistant 
167.2 	for the purpose of relaying.

167.3 	Sec. 138. Minnesota Statutes 2016, section 595.02, subdivision 2, is amended to read:
167.4 		Subd. 2.Exceptions. (a) The exception provided by paragraphs (d) and (g) of subdivision 
167.5 	1 shall not apply to any testimony, records, or other evidence relating to the abuse or neglect 
167.6 	of a minor in any proceeding under chapter 260 or any proceeding under section 245A.08, 
167.7 	to revoke a day care or foster care license, arising out of the neglect or physical or sexual 
167.8 	abuse of a minor, as defined in section ~~626.556, subdivision 2~~ 626B.02.
167.9 	(b) The exception provided by paragraphs (d) and (g) of subdivision 1 shall not apply 
167.10 	to criminal proceedings arising out of the neglect or physical or sexual abuse of a minor, 
167.11 	as defined in section ~~626.556, subdivision 2~~ 626B.02, if the court finds that:
167.12 	(1) there is a reasonable likelihood that the records in question will disclose material 
167.13 	information or evidence of substantial value in connection with the investigation or 
167.14 	prosecution; and
167.15 	(2) there is no other practicable way of obtaining the information or evidence. This 
167.16 	clause shall not be construed to prohibit disclosure of the patient record when it supports 
167.17 	the otherwise uncorroborated statements of any material fact by a minor alleged to have 
167.18 	been abused or neglected by the patient; and
167.19 	(3) the actual or potential injury to the patient-health professional relationship in the 
167.20 	treatment program affected, and the actual or potential harm to the ability of the program 
167.21 	to attract and retain patients, is outweighed by the public interest in authorizing the disclosure 
167.22 	sought.
167.23 	No records may be disclosed under this paragraph other than the records of the specific 
167.24 	patient suspected of the neglect or abuse of a minor. Disclosure and dissemination of any 
167.25 	information from a patient record shall be limited under the terms of the order to assure that 
167.26 	no information will be disclosed unnecessarily and that dissemination will be no wider than 
167.27 	necessary for purposes of the investigation or prosecution.

167.28 	Sec. 139. Minnesota Statutes 2016, section 609.26, subdivision 7, is amended to read:
167.29 		Subd. 7.Reporting of deprivation of parental rights. Any violation of this section 
167.30 	shall be reported pursuant to section ~~626.556, subdivision 3a~~ 626B.04, subdivision 1, 
167.31 	paragraph (b).

168.1 	Sec. 140. Minnesota Statutes 2016, section 609.3457, subdivision 2, is amended to read:
168.2 		Subd. 2.Access to data. Notwithstanding chapter 626B or sections 13.384, 13.85, 
168.3 	144.291 to 144.298, 260B.171, or 260C.171, ~~or 626.556,~~ the assessor has access to the 
168.4 	following private or confidential data on the person if access is relevant and necessary for 
168.5 	the assessment:
168.6 	(1) medical data under section 13.384;
168.7 	(2) corrections and detention data under section 13.85;
168.8 	(3) health records under sections 144.291 to 144.298;
168.9 	(4) juvenile court records under sections 260B.171 and 260C.171; and
168.10 	(5) local welfare agency records under ~~section 626.556~~ chapter 626B.
168.11 	Data disclosed under this section may be used only for purposes of the assessment and 
168.12 	may not be further disclosed to any other person, except as authorized by law.

168.13 	Sec. 141. Minnesota Statutes 2016, section 609.379, subdivision 2, is amended to read:
168.14 		Subd. 2.Applicability. This section applies to chapter 626B and sections 260B.425, 
168.15 	260C.425, 609.255, 609.376, and 609.378~~, and 626.556~~.

168.16 	Sec. 142. Minnesota Statutes 2016, section 609.507, is amended to read:
168.17 	609.507 FALSELY REPORTING CHILD ABUSE.
168.18 	A person is guilty of a misdemeanor who:
168.19 	(1) informs another person that a person has committed sexual abuse, physical abuse, 
168.20 	or neglect of a child, as defined in section ~~626.556, subdivision 2~~ 626B.02;
168.21 	(2) knows that the allegation is false or is without reason to believe that the alleged 
168.22 	abuser committed the abuse or neglect; and
168.23 	(3) has the intent that the information influence a child custody hearing.

168.24 	Sec. 143. Minnesota Statutes 2016, section 609.7495, subdivision 1, is amended to read:
168.25 		Subdivision 1.Definitions. For the purposes of this section, the following terms have 
168.26 	the meanings given them.
168.27 	(a) "Facility" means any of the following:
168.28 	(1) a hospital or other health institution licensed under sections 144.50 to 144.56;
169.1 	(2) a medical facility as defined in section 144.561;
169.2 	(3) an agency, clinic, or office operated under the direction of or under contract with the 
169.3 	commissioner of health or a community health board, as defined in section 145A.02;
169.4 	(4) a facility providing counseling regarding options for medical services or recovery 
169.5 	from an addiction;
169.6 	(5) a facility providing emergency shelter services for battered women, as defined in 
169.7 	section 611A.31, subdivision 3, or a facility providing transitional housing for battered 
169.8 	women and their children;
169.9 	(6) a facility as defined in section ~~626.556, subdivision 2, paragraph (c)~~ 626B.02, 
169.10 	subdivision 5;
169.11 	(7) a facility as defined in section 626.5572, subdivision 6, where the services described 
169.12 	in that paragraph are provided;
169.13 	(8) a place to or from which ambulance service, as defined in section 144E.001, is 
169.14 	provided or sought to be provided; and
169.15 	(9) a hospice provider licensed under section 144A.753.
169.16 	(b) "Aggrieved party" means a person whose access to or egress from a facility is 
169.17 	obstructed in violation of subdivision 2, or the facility.

169.18 	Sec. 144. Minnesota Statutes 2016, section 611A.203, subdivision 4, is amended to read:
169.19 		Subd. 4.Duties; access to data. (a) The domestic fatality review team shall collect, 
169.20 	review, and analyze death certificates and death data, including investigative reports, medical 
169.21 	and counseling records, victim service records, employment records, child abuse reports, 
169.22 	or other information concerning domestic violence deaths, survivor interviews and surveys, 
169.23 	and other information deemed by the team as necessary and appropriate concerning the 
169.24 	causes and manner of domestic violence deaths.
169.25 	(b) The review team has access to the following not public data, as defined in section 
169.26 	13.02, subdivision 8a, relating to a case being reviewed by the team: inactive law enforcement 
169.27 	investigative data under section 13.82; autopsy records and coroner or medical examiner 
169.28 	investigative data under section 13.83; hospital, public health, or other medical records of 
169.29 	the victim under section 13.384; records under section 13.46, created by social service 
169.30 	agencies that provided services to the victim, the alleged perpetrator, or another victim who 
169.31 	experienced or was threatened with domestic abuse by the perpetrator; and child maltreatment 
169.32 	records under ~~section 626.556~~ chapter 626B, relating to the victim or a family or household 
170.1 	member of the victim. Access to medical records under this paragraph also includes records 
170.2 	governed by sections 144.291 to 144.298. The review team has access to corrections and 
170.3 	detention data as provided in section 13.85.
170.4 	(c) As part of any review, the domestic fatality review team may compel the production 
170.5 	of other records by applying to the district court for a subpoena, which will be effective 
170.6 	throughout the state according to the Rules of Civil Procedure.

170.7 	Sec. 145. Minnesota Statutes 2016, section 611A.90, subdivision 1, is amended to read:
170.8 		Subdivision 1.Definition. For purposes of this section, "physical abuse" and "sexual 
170.9 	abuse" have the meanings given in section ~~626.556, subdivision 2~~ 626B.02, except that 
170.10 	abuse is not limited to acts by a person responsible for the child's care or in a significant 
170.11 	relationship with the child or position of authority.

170.12 	Sec. 146. Minnesota Statutes 2016, section 626.5561, subdivision 1, is amended to read:
170.13 		Subdivision 1.Reports required. (a) Except as provided in paragraph (b), a person 
170.14 	mandated to report under section ~~626.556, subdivision 3~~ 626B.03, shall immediately report 
170.15 	to the local welfare agency if the person knows or has reason to believe that a woman is 
170.16 	pregnant and has used a controlled substance for a nonmedical purpose during the pregnancy, 
170.17 	including, but not limited to, tetrahydrocannabinol, or has consumed alcoholic beverages 
170.18 	during the pregnancy in any way that is habitual or excessive.
170.19 	(b) A health care professional or a social service professional who is mandated to report 
170.20 	under section ~~626.556, subdivision 3~~ 626B.03, is exempt from reporting under paragraph 
170.21 	(a) a woman's use or consumption of tetrahydrocannabinol or alcoholic beverages during 
170.22 	pregnancy if the professional is providing the woman with prenatal care or other healthcare 
170.23 	services.
170.24 	(c) Any person may make a voluntary report if the person knows or has reason to believe 
170.25 	that a woman is pregnant and has used a controlled substance for a nonmedical purpose 
170.26 	during the pregnancy, including, but not limited to, tetrahydrocannabinol, or has consumed 
170.27 	alcoholic beverages during the pregnancy in any way that is habitual or excessive.
170.28 	(d) An oral report shall be made immediately by telephone or otherwise. An oral report 
170.29 	made by a person required to report shall be followed within 72 hours, exclusive of weekends 
170.30 	and holidays, by a report in writing to the local welfare agency. Any report shall be of 
170.31 	sufficient content to identify the pregnant woman, the nature and extent of the use, if known, 
170.32 	and the name and address of the reporter. The local welfare agency shall accept a report 
171.1 	made under paragraph (c) notwithstanding refusal by a voluntary reporter to provide the 
171.2 	reporter's name or address as long as the report is otherwise sufficient.
171.3 	(e) For purposes of this section, "prenatal care" means the comprehensive package of 
171.4 	medical and psychological support provided throughout the pregnancy.

171.5 	Sec. 147. Minnesota Statutes 2016, section 626.5561, subdivision 3, is amended to read:
171.6 		Subd. 3.Related provisions. Reports under this section are governed by ~~section 626.556,~~ 
171.7 	~~subdivisions 4, 4a, 5, 6, 8, and 11~~ sections 626B.03, subdivision 3; 626B.04, subdivisions 
171.8 	3 and 4; 626B.11, subdivision 13; 626B.13; and 626B.14, subdivisions 1 and 3.

171.9 	Sec. 148. Minnesota Statutes 2016, section 626.5562, subdivision 2, is amended to read:
171.10 		Subd. 2.Newborns. A physician shall administer to each newborn infant born under 
171.11 	the physician's care a toxicology test to determine whether there is evidence of prenatal 
171.12 	exposure to a controlled substance, if the physician has reason to believe based on a medical 
171.13 	assessment of the mother or the infant that the mother used a controlled substance for a 
171.14 	nonmedical purpose during the pregnancy. If the test results are positive, the physician shall 
171.15 	report the results as neglect under ~~section 626.556~~ chapter 626B. A negative test result does 
171.16 	not eliminate the obligation to report under ~~section 626.556~~ chapter 626B if other medical 
171.17 	evidence of prenatal exposure to a controlled substance is present.

171.18 	Sec. 149. Minnesota Statutes 2016, section 626.557, subdivision 9d, is amended to read:
171.19 		Subd. 9d.Administrative reconsideration; review panel. (a) Except as provided under 
171.20 	paragraph (e), any individual or facility which a lead investigative agency determines has 
171.21 	maltreated a vulnerable adult, or the vulnerable adult or an interested person acting on behalf 
171.22 	of the vulnerable adult, regardless of the lead investigative agency's determination, who 
171.23 	contests the lead investigative agency's final disposition of an allegation of maltreatment, 
171.24 	may request the lead investigative agency to reconsider its final disposition. The request 
171.25 	for reconsideration must be submitted in writing to the lead investigative agency within 15 
171.26 	calendar days after receipt of notice of final disposition or, if the request is made by an 
171.27 	interested person who is not entitled to notice, within 15 days after receipt of the notice by 
171.28 	the vulnerable adult or the vulnerable adult's guardian or health care agent. If mailed, the 
171.29 	request for reconsideration must be postmarked and sent to the lead investigative agency 
171.30 	within 15 calendar days of the individual's or facility's receipt of the final disposition. If the 
171.31 	request for reconsideration is made by personal service, it must be received by the lead 
171.32 	investigative agency within 15 calendar days of the individual's or facility's receipt of the 
172.1 	final disposition. An individual who was determined to have maltreated a vulnerable adult 
172.2 	under this section and who was disqualified on the basis of serious or recurring maltreatment 
172.3 	under sections 245C.14 and 245C.15, may request reconsideration of the maltreatment 
172.4 	determination and the disqualification. The request for reconsideration of the maltreatment 
172.5 	determination and the disqualification must be submitted in writing within 30 calendar days 
172.6 	of the individual's receipt of the notice of disqualification under sections 245C.16 and 
172.7 	245C.17. If mailed, the request for reconsideration of the maltreatment determination and 
172.8 	the disqualification must be postmarked and sent to the lead investigative agency within 30 
172.9 	calendar days of the individual's receipt of the notice of disqualification. If the request for 
172.10 	reconsideration is made by personal service, it must be received by the lead investigative 
172.11 	agency within 30 calendar days after the individual's receipt of the notice of disqualification.
172.12 	(b) Except as provided under paragraphs (e) and (f), if the lead investigative agency 
172.13 	denies the request or fails to act upon the request within 15 working days after receiving 
172.14 	the request for reconsideration, the person or facility entitled to a fair hearing under section 
172.15 	256.045, may submit to the commissioner of human services a written request for a hearing 
172.16 	under that statute. The vulnerable adult, or an interested person acting on behalf of the 
172.17 	vulnerable adult, may request a review by the Vulnerable Adult Maltreatment Review Panel 
172.18 	under section 256.021 if the lead investigative agency denies the request or fails to act upon 
172.19 	the request, or if the vulnerable adult or interested person contests a reconsidered disposition. 
172.20 	The lead investigative agency shall notify persons who request reconsideration of their 
172.21 	rights under this paragraph. The request must be submitted in writing to the review panel 
172.22 	and a copy sent to the lead investigative agency within 30 calendar days of receipt of notice 
172.23 	of a denial of a request for reconsideration or of a reconsidered disposition. The request 
172.24 	must specifically identify the aspects of the lead investigative agency determination with 
172.25 	which the person is dissatisfied.
172.26 	(c) If, as a result of a reconsideration or review, the lead investigative agency changes 
172.27 	the final disposition, it shall notify the parties specified in subdivision 9c, paragraph (f).
172.28 	(d) For purposes of this subdivision, "interested person acting on behalf of the vulnerable 
172.29 	adult" means a person designated in writing by the vulnerable adult to act on behalf of the 
172.30 	vulnerable adult, or a legal guardian or conservator or other legal representative, a proxy 
172.31 	or health care agent appointed under chapter 145B or 145C, or an individual who is related 
172.32 	to the vulnerable adult, as defined in section 245A.02, subdivision 13.
172.33 	(e) If an individual was disqualified under sections 245C.14 and 245C.15, on the basis 
172.34 	of a determination of maltreatment, which was serious or recurring, and the individual has 
172.35 	requested reconsideration of the maltreatment determination under paragraph (a) and 
173.1 	reconsideration of the disqualification under sections 245C.21 to 245C.27, reconsideration 
173.2 	of the maltreatment determination and requested reconsideration of the disqualification 
173.3 	shall be consolidated into a single reconsideration. If reconsideration of the maltreatment 
173.4 	determination is denied and the individual remains disqualified following a reconsideration 
173.5 	decision, the individual may request a fair hearing under section 256.045. If an individual 
173.6 	requests a fair hearing on the maltreatment determination and the disqualification, the scope 
173.7 	of the fair hearing shall include both the maltreatment determination and the disqualification.
173.8 	(f) If a maltreatment determination or a disqualification based on serious or recurring 
173.9 	maltreatment is the basis for a denial of a license under section 245A.05 or a licensing 
173.10 	sanction under section 245A.07, the license holder has the right to a contested case hearing 
173.11 	under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. As provided for 
173.12 	under section 245A.08, the scope of the contested case hearing must include the maltreatment 
173.13 	determination, disqualification, and licensing sanction or denial of a license. In such cases, 
173.14 	a fair hearing must not be conducted under section 256.045. Except for family child care 
173.15 	and child foster care, reconsideration of a maltreatment determination under this subdivision, 
173.16 	and reconsideration of a disqualification under section 245C.22, must not be conducted 
173.17 	when:
173.18 	(1) a denial of a license under section 245A.05, or a licensing sanction under section 
173.19 	245A.07, is based on a determination that the license holder is responsible for maltreatment 
173.20 	or the disqualification of a license holder based on serious or recurring maltreatment;
173.21 	(2) the denial of a license or licensing sanction is issued at the same time as the 
173.22 	maltreatment determination or disqualification; and
173.23 	(3) the license holder appeals the maltreatment determination or disqualification, and 
173.24 	denial of a license or licensing sanction.
173.25 	Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment 
173.26 	determination or disqualification, but does not appeal the denial of a license or a licensing 
173.27 	sanction, reconsideration of the maltreatment determination shall be conducted under sections 
173.28 	~~626.556, subdivision 10i, and~~626.557, subdivision 9d, and 626B.12, and reconsideration 
173.29 	of the disqualification shall be conducted under section 245C.22. In such cases, a fair hearing 
173.30 	shall also be conducted as provided under sections 245C.27, ~~626.556, subdivision 10i, and~~
173.31 	626.557, subdivision 9d, and 626B.12.
173.32 	If the disqualified subject is an individual other than the license holder and upon whom 
173.33 	a background study must be conducted under chapter 245C, the hearings of all parties may 
174.1 	be consolidated into a single contested case hearing upon consent of all parties and the 
174.2 	administrative law judge.
174.3 	(g) Until August 1, 2002, an individual or facility that was determined by the 
174.4 	commissioner of human services or the commissioner of health to be responsible for neglect 
174.5 	under section 626.5572, subdivision 17, after October 1, 1995, and before August 1, 2001, 
174.6 	that believes that the finding of neglect does not meet an amended definition of neglect may 
174.7 	request a reconsideration of the determination of neglect. The commissioner of human 
174.8 	services or the commissioner of health shall mail a notice to the last known address of 
174.9 	individuals who are eligible to seek this reconsideration. The request for reconsideration 
174.10 	must state how the established findings no longer meet the elements of the definition of 
174.11 	neglect. The commissioner shall review the request for reconsideration and make a 
174.12 	determination within 15 calendar days. The commissioner's decision on this reconsideration 
174.13 	is the final agency action.
174.14 	(1) For purposes of compliance with the data destruction schedule under subdivision 
174.15 	12b, paragraph (d), when a finding of substantiated maltreatment has been changed as a 
174.16 	result of a reconsideration under this paragraph, the date of the original finding of a 
174.17 	substantiated maltreatment must be used to calculate the destruction date.
174.18 	(2) For purposes of any background studies under chapter 245C, when a determination 
174.19 	of substantiated maltreatment has been changed as a result of a reconsideration under this 
174.20 	paragraph, any prior disqualification of the individual under chapter 245C that was based 
174.21 	on this determination of maltreatment shall be rescinded, and for future background studies 
174.22 	under chapter 245C the commissioner must not use the previous determination of 
174.23 	substantiated maltreatment as a basis for disqualification or as a basis for referring the 
174.24 	individual's maltreatment history to a health-related licensing board under section 245C.31.

174.25 	Sec. 150. Minnesota Statutes 2016, section 626.558, subdivision 3, is amended to read:
174.26 		Subd. 3.Information sharing. (a) The local welfare agency may make available to the 
174.27 	case consultation committee or subcommittee, all records collected and maintained by the 
174.28 	agency under ~~section 626.556~~ chapter 626B and in connection with case consultation. A 
174.29 	case consultation committee or subcommittee member may share information acquired in 
174.30 	the member's professional capacity with the committee or subcommittee to assist in case 
174.31 	consultation.
174.32 	(b) Case consultation committee or subcommittee members must annually sign a data 
174.33 	sharing agreement, approved by the commissioner of human services, assuring compliance 
174.34 	with chapter 13. Not public data, as defined by section 13.02, subdivision 8a, may be shared 
175.1 	with members appointed to the committee or subcommittee in connection with an individual 
175.2 	case when the members have signed the data sharing agreement.
175.3 	(c) All data acquired by the case consultation committee or subcommittee in exercising 
175.4 	case consultation duties, are confidential as defined in section 13.02, subdivision 3, and 
175.5 	shall not be disclosed except to the extent necessary to perform case consultation, and shall 
175.6 	not be subject to subpoena or discovery.
175.7 	(d) No members of a case consultation committee or subcommittee meeting shall disclose 
175.8 	what transpired at a case consultation meeting, except to the extent necessary to carry out 
175.9 	the case consultation plan. The proceedings and records of the case consultation meeting 
175.10 	are not subject to discovery, and may not be introduced into evidence in any civil or criminal 
175.11 	action against a professional or local welfare agency arising out of the matter or matters 
175.12 	which are the subject of consideration of the case consultation meeting. Information, 
175.13 	documents, or records otherwise available from original sources are not immune from 
175.14 	discovery or use in any civil or criminal action merely because they were presented during 
175.15 	a case consultation meeting. Any person who presented information before the consultation 
175.16 	committee or subcommittee or who is a member shall not be prevented from testifying as 
175.17 	to matters within the person's knowledge. However, in a civil or criminal proceeding a 
175.18 	person shall not be questioned about the person's presentation of information before the 
175.19 	case consultation committee or subcommittee or about opinions formed as a result of the 
175.20 	case consultation meetings.
175.21 	A person who violates this subdivision is subject to the civil remedies and penalties 
175.22 	provided under chapter 13.

175.23 	Sec. 151. Minnesota Statutes 2016, section 626.559, subdivision 1, is amended to read:
175.24 		Subdivision 1.Job classification; continuing education. The commissioner of human 
175.25 	services, for employees subject to the Minnesota Merit System, and directors of county 
175.26 	personnel systems, for counties not subject to the Minnesota Merit System, shall establish 
175.27 	a job classification consisting exclusively of persons with the specialized knowledge, skills, 
175.28 	and experience required to satisfactorily perform child protection duties pursuant to ~~section~~ 
175.29 	~~626.556, subdivisions 10, 10a, and 10b~~ sections 626B.05, 626B.07, 626B.09, and 626B.10.
175.30 	All child protection workers or social services staff having responsibility for child 
175.31 	protective duties under ~~section 626.556~~ chapter 626B shall receive 15 hours of continuing 
175.32 	education or in-service training each year relevant to providing child protective services. 
175.33 	The local social service agency shall maintain a record of training completed by each 
175.34 	employee having responsibility for performing child protective duties.

176.1 	Sec. 152. Minnesota Statutes 2016, section 626.559, subdivision 2, is amended to read:
176.2 		Subd. 2.Joint training. The commissioners of human services and public safety shall 
176.3 	cooperate in the development of a joint program for training child abuse services 
176.4 	professionals in the appropriate techniques for child abuse assessment and investigation. 
176.5 	The program shall include but need not be limited to the following areas:
176.6 	(1) the public policy goals of the state as set forth in section 260C.001 and the role of 
176.7 	the assessment or investigation in meeting these goals;
176.8 	(2) the special duties of child protection workers and law enforcement officers under 
176.9 	~~section 626.556~~ chapter 626B;
176.10 	(3) the appropriate methods for directing and managing affiliated professionals who 
176.11 	may be utilized in providing protective services and strengthening family ties;
176.12 	(4) the appropriate methods for interviewing alleged victims of child abuse and other 
176.13 	minors in the course of performing an assessment or an investigation;
176.14 	(5) the dynamics of child abuse and neglect within family systems and the appropriate 
176.15 	methods for interviewing parents in the course of the assessment or investigation, including 
176.16 	training in recognizing cases in which one of the parents is a victim of domestic abuse and 
176.17 	in need of special legal or medical services;
176.18 	(6) the legal, evidentiary considerations that may be relevant to the conduct of an 
176.19 	assessment or an investigation;
176.20 	(7) the circumstances under which it is appropriate to remove the alleged abuser or the 
176.21 	alleged victim from the home;
176.22 	(8) the protective social services that are available to protect alleged victims from further 
176.23 	abuse, to prevent child abuse and domestic abuse, and to preserve the family unit, and 
176.24 	training in the preparation of case plans to coordinate services for the alleged child abuse 
176.25 	victim with services for any parents who are victims of domestic abuse;
176.26 	(9) the methods by which child protection workers and law enforcement workers 
176.27 	cooperate in conducting assessments and investigations in order to avoid duplication of 
176.28 	efforts; and
176.29 	(10) appropriate methods for interviewing alleged victims of child abuse and conducting 
176.30 	investigations in cases where the alleged victim is developmentally, physically, or mentally 
176.31 	disabled.

177.1 	Sec. 153. Minnesota Statutes 2016, section 626.559, subdivision 3, is amended to read:
177.2 		Subd. 3.Priority training. The commissioners of human services and public safety 
177.3 	shall provide the program courses described in subdivision 2 at convenient times and 
177.4 	locations in the state. The commissioners shall give training priority in the program areas 
177.5 	cited in subdivision 2 to persons currently performing assessments and investigations 
177.6 	pursuant to ~~section 626.556, subdivisions 10, 10a, and 10b~~ sections 626B.05, 626B.07, 
177.7 	626B.09, and 626B.10.

177.8 	Sec. 154. Minnesota Statutes 2016, section 626.5591, subdivision 1, is amended to read:
177.9 		Subdivision 1.Definitions. As used in this section, the following terms have the meanings 
177.10 	given unless the specific context indicates otherwise:
177.11 	(a) "Child protection agency" means an agency authorized to receive reports, conduct 
177.12 	assessments and investigations, and make determinations pursuant to ~~section 626.556,~~ 
177.13 	~~subdivision 10~~ sections 626B.05, 626B.07, 626B.09, and 626B.10.
177.14 	(b) "Child protection services" means the receipt and assessment of reports of child 
177.15 	maltreatment and the provision of services to families and children when maltreatment has 
177.16 	occurred or when there is risk of maltreatment. These services include: (1) the assessment 
177.17 	of risk to a child alleged to have been abused or neglected; (2) interviews of any person 
177.18 	alleged to have abused or neglected a child and the child or children involved in the report, 
177.19 	and interviews with persons having facts or knowledge necessary to assess the level of risk 
177.20 	to a child and the need for protective intervention; (3) the gathering of written or evidentiary 
177.21 	materials; (4) the recording of case findings and determinations; and (5) other actions 
177.22 	required by ~~section 626.556~~ chapter 626B, administrative rule, or agency policy.
177.23 	(c) "Competency-based training" means a course of instruction that provides both 
177.24 	information and skills practice, which is based upon clearly stated and measurable 
177.25 	instructional objectives, and which requires demonstration of the achievement of a particular 
177.26 	standard of skills and knowledge for satisfactory completion.
177.27 	(d) "Foundation training" means training provided to a local child protection worker 
177.28 	after the person has begun to perform child protection duties, but before the expiration of 
177.29 	six months of employment as a child protection worker. This foundation training must occur 
177.30 	during the performance of job duties and must include an evaluation of the employee's 
177.31 	application of skills and knowledge.
177.32 	(e) "Advanced training" means training provided to a local child protection worker after 
177.33 	the person has performed an initial six months of employment as a child protection worker.

178.1 	Sec. 155. Minnesota Statutes 2016, section 626.561, subdivision 2, is amended to read:
178.2 		Subd. 2.Definitions. As used in this section:
178.3 	(1) "child abuse" means physical or sexual abuse as defined in section ~~626.556,~~ 
178.4 	~~subdivision 2~~ 626B.02;
178.5 	(2) "government employee" means an employee of a state or local agency, and any 
178.6 	person acting as an agent of a state or local agency;
178.7 	(3) "interview" means a statement of an alleged child abuse victim which is given or 
178.8 	made to a government employee during the course of a child abuse assessment, criminal 
178.9 	investigation, or prosecution; and
178.10 	(4) "record" means an audio or videotape recording of an interview, or a written record 
178.11 	of an interview.

178.12 	Sec. 156. Minnesota Statutes 2016, section 626.561, subdivision 3, is amended to read:
178.13 		Subd. 3.Record required. Whenever an interview is conducted, the interviewer must 
178.14 	make a record of the interview. The record must contain the following information:
178.15 	(1) the date, time, place, and duration of the interview;
178.16 	(2) the identity of the persons present at the interview; and
178.17 	(3) if the record is in writing, a summary of the information obtained during the interview.
178.18 	The records shall be maintained by the interviewer in accordance with applicable 
178.19 	provisions of section ~~626.556, subdivision 11~~ 626B.14, subdivisions 1, paragraphs (g) and 
178.20 	(h), and 3, and chapter 13.

APPENDIX 

Repealed Minnesota Statutes: SF2643-0 

626.556 REPORTING OF MALTREATMENT OF MINORS.Subdivision 1.Public policy. 
(a) The legislature hereby declares that the public policy of this state is to protect children whose health or welfare may be jeopardized through physical abuse, neglect, or sexual abuse. While it is recognized that most parents want to keep their children safe, sometimes circumstances or conditions interfere with their ability to do so. When this occurs, the health and safety of the children must be of paramount concern. Intervention and prevention efforts must address immediate concerns for child safety and the ongoing risk of abuse or neglect and should engage the protective capacities of families. In furtherance of this public policy, it is the intent of the legislature under this section to: 

(1) protect children and promote child safety; 

(2) strengthen the family; 

(3) make the home, school, and community safe for children by promoting responsible child care in all settings; and 

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

(b) In addition, it is the policy of this state to: 

(1) require the reporting of neglect or physical or sexual abuse of children in the home, school, and community settings; 

(2) provide for the voluntary reporting of abuse or neglect of children; 

(3) require an investigation when the report alleges sexual abuse or substantial child endangerment; 

(4) provide a family assessment, if appropriate, when the report does not allege sexual abuse or substantial child endangerment; and 

(5) provide protective, family support, and family preservation services when needed in appropriate cases. 

Subd. 2.Definitions. 
As used in this section, the following terms have the meanings given them unless the specific content indicates otherwise: 

(a) "Accidental" means a sudden, not reasonably foreseeable, and unexpected occurrence or event which: 

(1) is not likely to occur and could not have been prevented by exercise of due care; and 

(2) if occurring while a child is receiving services from a facility, happens when the facility and the employee or person providing services in the facility are in compliance with the laws and rules relevant to the occurrence or event. 

(b) "Commissioner" means the commissioner of human services. 

(c) "Facility" means: 

(1) a licensed or unlicensed day care facility, certified license-exempt child care center, residential facility, agency, hospital, sanitarium, or other facility or institution required to be licensed under sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or chapter 144H, 245D, or 245H; 

(2) a school as defined in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E; or 

(3) a nonlicensed personal care provider organization as defined in section 256B.0625, subdivision 19a. 

(d) "Family assessment" means a comprehensive assessment of child safety, risk of subsequent child maltreatment, and family strengths and needs that is applied to a child maltreatment report that does not allege sexual abuse or substantial child endangerment. Family assessment does not include a determination as to whether child maltreatment occurred but does determine the need for services to address the safety of family members and the risk of subsequent maltreatment. 

(e) "Investigation" means fact gathering related to the current safety of a child and the risk of subsequent maltreatment that determines whether child maltreatment occurred and whether child protective services are needed. An investigation must be used when reports involve sexual abuse or substantial child endangerment, and for reports of maltreatment in facilities required to be licensed or certified under chapter 245A, 245D, or 245H; under sections 144.50 to 144.58 and 241.021; in a school as defined in section 120A.05, subdivisions 9, 11, and 13, and chapter 124E; or in a nonlicensed personal care provider association as defined in section 256B.0625, subdivision 19a. 

(f) "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. 

(g) "Neglect" means the commission or omission of any of the acts specified under clauses (1) to (9), other than by accidental means: 

(1) failure by a person responsible for a child's care to supply a child with necessary food, clothing, shelter, health, medical, or other care required for the child's physical or mental health when reasonably able to do so; 

(2) failure to protect a child from conditions or actions that seriously endanger the child's physical or mental health when reasonably able to do so, including a growth delay, which may be referred to as a failure to thrive, that has been diagnosed by a physician and is due to parental neglect; 

(3) failure to provide for necessary supervision or child care arrangements appropriate for a child after considering factors as the child's age, mental ability, physical condition, length of absence, or environment, when the child is unable to care for the child's own basic needs or safety, or the basic needs or safety of another child in their care; 

(4) failure to ensure that the child is educated as defined in sections 120A.22 and 260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's child with sympathomimetic medications, consistent with section 125A.091, subdivision 5; 

(5) 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 a parent, guardian, or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report if a lack of medical care may cause 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, education, or medical care, a duty to provide that care; 

(6) prenatal exposure to a controlled substance, as defined in section 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, medical effects or developmental delays during the child's first year of life that medically indicate prenatal exposure to a controlled substance, or the presence of a fetal alcohol spectrum disorder; 

(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5); 

(8) chronic and severe use of alcohol or a controlled substance by a parent or person responsible for the care of the child that adversely affects the child's basic needs and safety; or 

(9) emotional harm from a pattern of behavior which contributes to impaired emotional functioning of the child which may be demonstrated by a substantial and observable effect in the child's behavior, emotional response, or cognition that is not within the normal range for the child's age and stage of development, with due regard to the child's culture. 

(h) "Nonmaltreatment mistake" means: 

(1) at the time of the incident, the individual was performing duties identified in the center's child care program plan required under Minnesota Rules, part 9503.0045; 

(2) the individual has not been determined responsible for a similar incident that resulted in a finding of maltreatment for at least seven years; 

(3) the individual has not been determined to have committed a similar nonmaltreatment mistake under this paragraph for at least four years; 

(4) any injury to a child resulting from the incident, if treated, is treated only with remedies that are available over the counter, whether ordered by a medical professional or not; and 

(5) except for the period when the incident occurred, the facility and the individual providing services were both in compliance with all licensing requirements relevant to the incident. 

This definition only applies to child care centers licensed under Minnesota Rules, chapter 9503. If clauses (1) to (5) apply, rather than making a determination of substantiated maltreatment by the individual, the commissioner of human services shall determine that a nonmaltreatment mistake was made by the individual. 

(i) "Operator" means an operator or agency as defined in section 245A.02. 

(j) "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, other school employees or agents, 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. 

(k) "Physical abuse" means any physical injury, 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 or deprivation procedures, or regulated interventions, that have not been authorized under section 125A.0942 or 245.825. 

Abuse does not include reasonable and moderate physical discipline of a child administered by a parent or legal guardian which does not result in an injury. Abuse does not include the use of reasonable force by a teacher, principal, or school employee as allowed by section 121A.582. Actions which are not reasonable and moderate include, but are not limited to, any of the following: 

(1) throwing, kicking, burning, biting, or cutting a child; 

(2) striking a child with a closed fist; 

(3) shaking a child under age three; 

(4) striking or other actions which result in any nonaccidental injury to a child under 18 months of age; 

(5) unreasonable interference with a child's breathing; 

(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6; 

(7) striking a child under age one on the face or head; 

(8) striking a child who is at least age one but under age four on the face or head, which results in an injury; 

(9) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled substances which were not prescribed for the child by a practitioner, in order to control or punish the child; or other substances that substantially affect the child's behavior, motor coordination, or judgment or that results in sickness or internal injury, or subjects the child to medical procedures that would be unnecessary if the child were not exposed to the substances; 

(10) unreasonable physical confinement or restraint not permitted under section 609.379, including but not limited to tying, caging, or chaining; or 

(11) in a school facility or school zone, an act by a person responsible for the child's care that is a violation under section 121A.58. 

(l) "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 and parenting time expeditor services. 

(m) "Report" means any communication received by the local welfare agency, police department, county sheriff, or agency responsible for child protection pursuant to this section that describes neglect or physical or sexual abuse of a child and contains sufficient content to identify the child and any person believed to be responsible for the neglect or abuse, if known. 

(n) "Sexual abuse" means the subjection of a child by a person responsible for the child's care, by a person who has a significant relationship to the child, as defined in section 609.341, 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 (criminal sexual conduct in the first degree), 609.343 (criminal sexual conduct in the second degree), 609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual abuse also includes any act which involves a minor which constitutes a violation of prostitution offenses under sections 609.321 to 609.324 or 617.246. Effective May 29, 2017, sexual abuse includes all reports of known or suspected child sex trafficking involving a child who is identified as a victim of sex trafficking. Sexual abuse includes child sex trafficking as defined in section 609.321, subdivisions 7a and 7b. Sexual abuse includes threatened sexual abuse which includes the status of a parent or household member who has committed a violation which requires registration as an offender under section 243.166, subdivision 1b, paragraph (a) or (b), or required registration under section 243.166, subdivision 1b, paragraph (a) or (b). 

(o) "Substantial child endangerment" means a person responsible for a child's care, by act or omission, commits or attempts to commit an act against a child under their care that constitutes any of the following: 

(1) egregious harm as defined in section 260C.007, subdivision 14; 

(2) abandonment under section 260C.301, subdivision 2; 

(3) neglect as defined in paragraph (g), clause (2), that substantially endangers the child's physical or mental health, including a growth delay, which may be referred to as failure to thrive, that has been diagnosed by a physician and is due to parental neglect; 

(4) murder in the first, second, or third degree under section 609.185, 609.19, or 609.195; 

(5) manslaughter in the first or second degree under section 609.20 or 609.205; 

(6) assault in the first, second, or third degree under section 609.221, 609.222, or 609.223; 

(7) solicitation, inducement, and promotion of prostitution under section 609.322; 

(8) criminal sexual conduct under sections 609.342 to 609.3451; 

(9) solicitation of children to engage in sexual conduct under section 609.352; 

(10) malicious punishment or neglect or endangerment of a child under section 609.377 or 609.378; 

(11) use of a minor in sexual performance under section 617.246; or 

(12) parental behavior, status, or condition which mandates that the county attorney file a termination of parental rights petition under section 260C.503, subdivision 2. 

(p) "Threatened injury" means a statement, overt act, condition, or status that represents a substantial risk of physical or sexual abuse or mental injury. Threatened injury includes, but is not limited to, exposing a child to a person responsible for the child's care, as defined in paragraph (j), clause (1), who has: 

(1) subjected a child to, or failed to protect a child from, an overt act or condition that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a similar law of another jurisdiction; 

(2) been found to be palpably unfit under section 260C.301, subdivision 1, paragraph (b), clause (4), or a similar law of another jurisdiction; 

(3) committed an act that has resulted in an involuntary termination of parental rights under section 260C.301, or a similar law of another jurisdiction; or 

(4) committed an act that has resulted in the involuntary transfer of permanent legal and physical custody of a child to a relative under Minnesota Statutes 2010, section 260C.201, subdivision 11, paragraph (d), clause (1), section 260C.515, subdivision 4, or a similar law of another jurisdiction. 

A child is the subject of a report of threatened injury when the responsible social services agency receives birth match data under paragraph (q) from the Department of Human Services. 

(q) Upon receiving data under section 144.225, subdivision 2b, contained in a birth record or recognition of parentage identifying a child who is subject to threatened injury under paragraph (p), the Department of Human Services shall send the data to the responsible social services agency. The data is known as "birth match" data. Unless the responsible social services agency has already begun an investigation or assessment of the report due to the birth of the child or execution of the recognition of parentage and the parent's previous history with child protection, the agency shall accept the birth match data as a report under this section. The agency may use either a family assessment or investigation to determine whether the child is safe. All of the provisions of this section apply. If the child is determined to be safe, the agency shall consult with the county attorney to determine the appropriateness of filing a petition alleging the child is in need of protection or services under section 260C.007, subdivision 6, clause (16), in order to deliver needed services. If the child is determined not to be safe, the agency and the county attorney shall take appropriate action as required under section 260C.503, subdivision 2. 

(r) Persons who conduct assessments or investigations under this section shall take into account accepted child-rearing practices of the culture in which a child participates and accepted teacher discipline practices, which are not injurious to the child's health, welfare, and safety. 

Subd. 3.Persons mandated to report; persons voluntarily reporting. 
(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, agency responsible for assessing or investigating the report, police department, county sheriff, tribal social services agency, or tribal police department 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, correctional supervision, probation and correctional services, 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). 

(b) Any person may voluntarily report to the local welfare agency, agency responsible for assessing or investigating the report, police department, county sheriff, tribal social services agency, or tribal police department 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. 

(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 or certifying the facility under sections 144.50 to 144.58; 241.021; 245A.01 to 245A.16; or chapter 144H, 245D, or 245H; or a nonlicensed personal care provider organization as defined in section 256B.0625, subdivision 19a. A health or corrections agency receiving a report may request the local welfare agency to provide assistance pursuant to subdivisions 10, 10a, and 10b. A board or other entity whose licensees perform work within a school facility, upon receiving a complaint of alleged maltreatment, shall provide information about the circumstances of the alleged maltreatment to the commissioner of education. Section 13.03, subdivision 4, applies to data received by the commissioner of education from a licensing entity. 

(d) Notification requirements under subdivision 10 apply to all reports received under this section. 

(e) For purposes of this section, "immediately" means as soon as possible but in no event longer than 24 hours. 

Subd. 3a.Report of deprivation of parental rights or kidnapping. 
A person mandated to report under subdivision 3, who knows or has reason to know of a violation of section 609.25 or 609.26, shall report the information to the local police department or the county sheriff. Receipt by a local welfare agency of a report or notification of a report of a violation of section 609.25 or 609.26 shall not be construed to invoke the duties of subdivision 10, 10a, or 10b. 

Subd. 3b.Agency responsible for assessing or investigating reports of maltreatment. 
The Department of Education is the agency responsible for assessing or investigating allegations of child maltreatment in schools as defined in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E. 

Subd. 3c.Local welfare agency, Department of Human Services or Department of Health responsible for assessing or investigating reports of maltreatment. 
(a) The local welfare agency is the agency responsible for assessing or investigating allegations of maltreatment in child foster care, family child care, legally nonlicensed child care, and reports involving children served by an unlicensed personal care provider organization under section 256B.0659. Copies of findings related to personal care provider organizations under section 256B.0659 must be forwarded to the Department of Human Services provider enrollment. 

(b) The Department of Human Services is the agency responsible for assessing or investigating allegations of maltreatment in juvenile correctional facilities listed under section 241.021 located in the local welfare agency's county and in facilities licensed or certified under chapters 245A, 245D, and 245H, except for child foster care and family child care. 

(c) The Department of Health is the agency responsible for assessing or investigating allegations of child maltreatment in facilities licensed under sections 144.50 to 144.58 and 144A.43 to 144A.482 or chapter 144H. 

Subd. 3d.Authority to interview. 
The agency responsible for assessing or investigating reports of child maltreatment has the 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 safety and risk to the child, and formulating a plan. 

Subd. 3e.Agency responsible for assessing or investigating reports of sexual abuse. 
The local welfare agency is the agency responsible for investigating allegations of sexual abuse if the alleged offender is the parent, guardian, sibling, or an individual functioning within the family unit as a person responsible for the child's care, or a person with a significant relationship to the child if that person resides in the child's household. Effective May 29, 2017, the local welfare agency is also responsible for investigating when a child is identified as a victim of sex trafficking. 

Subd. 3f.Law enforcement agency responsible for investigating maltreatment. 
The local law enforcement agency has responsibility for investigating any report of child maltreatment if a violation of a criminal statute is alleged. Law enforcement and the responsible agency must coordinate their investigations or assessments as required under subdivision 10. 

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 person with responsibility for performing duties under this section or supervisor employed by a local welfare agency, the commissioner of an agency responsible for operating or supervising a licensed or unlicensed day care facility, residential facility, agency, hospital, sanitarium, or other facility or institution required to be licensed or certified under sections 144.50 to 144.58; 241.021; 245A.01 to 245A.16; or chapter 245B or 245H; or a school as defined in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E; or a nonlicensed personal care provider organization as defined in section 256B.0625, subdivision 19a, complying with subdivision 10d; 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, the Department of Education, or a 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 person with responsibility for performing duties under this section employed by a local welfare agency, the commissioner of human services, or the commissioner of education complying with subdivisions 10 and 11 or section 626.5561 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 (1) acting in good faith and exercising due care, or (2) acting in good faith and following the information collection procedures established under subdivision 10, paragraphs (h), (i), and (j). 

(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. 

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 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 abuse or neglect is liable to that person for actual damages and, in addition, a penalty up to $10,000. 

(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. 

Subd. 5.Malicious and reckless reports. 
Any person who 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, plus costs and reasonable attorney fees. 

Subd. 6.Failure to report. 
(a) A person mandated by this section to report who knows or has reason to believe that a child is 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, and fails to report is guilty of a misdemeanor. 

(b) A person mandated by this section to report who knows or has reason to believe that two or more children not related to the perpetrator have been physically or sexually abused, as defined in subdivision 2, by the same perpetrator within the preceding ten years, and fails to report is guilty of a gross misdemeanor. 

(c) A parent, guardian, or caretaker who knows or reasonably should know that the child's health is in serious danger and who fails to report as required by subdivision 2, paragraph (g), is guilty of a gross misdemeanor if the child suffers substantial or great bodily harm because of the lack of medical care. If the child dies because of the lack of medical care, the person is guilty of a felony and may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $4,000, or both. The provision in section 609.378, subdivision 1, paragraph (a), clause (1), providing that a parent, guardian, or caretaker may, in good faith, select and depend on spiritual means or prayer for treatment or care of a child, does not exempt a parent, guardian, or caretaker from the duty to report under this subdivision. 

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 10, 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 10, 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. 

Subd. 7.Report; information provided to parent; reporter. 
(a) An oral report shall be made immediately by telephone or otherwise. An oral report made by a person required under subdivision 3 to report shall be followed within 72 hours, exclusive of weekends and holidays, by a report in writing to the appropriate police department, the county sheriff, the agency responsible for assessing or investigating the report, or the local welfare agency. 

(b) The local welfare agency shall determine if the report is to be screened in or out as soon as possible but in no event longer than 24 hours after the report is received. When determining whether a report will be screened in or out, the agency receiving the report must consider, when relevant, all previous history, including reports that were screened out. The agency may communicate with treating professionals and individuals specified under subdivision 10, paragraph (i), clause (3), item (iii). 

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

(d) When requested, the agency responsible for assessing or investigating a report shall inform the reporter within ten days after the report was made, either orally or in writing, whether the report was accepted or not. If the responsible agency determines the report does not constitute a report under this section, the agency shall advise the reporter the report was screened out. Any person mandated to report shall receive a summary of the disposition of any report made by that reporter, including whether the case has been opened for child protection or other services, or if a referral has been made to a community organization, 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) Reports that are screened out must be maintained in accordance with subdivision 11c, paragraph (a). 

(f) A local welfare agency or agency responsible for investigating or assessing a report may use a screened-out report for making an offer of social services to the subjects of the screened-out report. A local welfare agency or agency responsible for evaluating a report alleging maltreatment of a child shall consider prior reports, including screened-out reports, to determine whether an investigation or family assessment must be conducted. 

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

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

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

Subd. 7a.Guidance for screening reports. 
(a) Child protection staff, supervisors, and others involved in child protection screening shall follow the guidance provided in the child maltreatment screening guidelines issued by the commissioner of human services and, when notified by the commissioner, shall immediately implement updated procedures and protocols. 

(b) Any modifications to the screening guidelines must be preapproved by the commissioner of human services and must not be less protective of children than is mandated by statute. The county agency must consult with the county attorney before proposing modifications to the commissioner. The guidelines may provide additional protections for children but must not limit reports that are screened in or provide additional limits on consideration of reports that were screened out in making screening determinations. 

Subd. 8.Evidence not privileged. 
No evidence relating to the neglect or abuse of a child or to any prior incidents of neglect or abuse involving any of the same persons accused of neglect or abuse shall be excluded in any proceeding arising out of the alleged neglect or physical or sexual abuse on the grounds of privilege set forth in section 595.02, subdivision 1, paragraph (a), (d), or (g). 

Subd. 9.Mandatory reporting to medical examiner or coroner. 
When a person required to report under the provisions of subdivision 3 knows or has reason to believe a child has died as a result of neglect or physical or sexual abuse, the person 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. If the child was receiving services or treatment for mental illness, developmentally disabled, chemical dependency, or emotional disturbance from an agency, facility, or program as defined in section 245.91, the medical examiner or coroner shall also notify and report findings to the ombudsman established under sections 245.91 to 245.97. 

Subd. 10.Duties of local welfare agency and local law enforcement agency upon receipt of report; mandatory notification between police or sheriff and agency. 
(a) The police department or the county sheriff shall immediately notify the local welfare agency or agency responsible for child protection reports under this section orally and in writing when a report is received. The local welfare agency or agency responsible for child protection reports shall immediately notify the local police department or the county sheriff orally and in writing when a report is received. The county sheriff and the head of every local welfare agency, agency responsible for child protection reports, 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 are carried out. When the alleged maltreatment occurred on tribal land, the local welfare agency or agency responsible for child protection reports and the local police department or the county sheriff shall immediately notify the tribe's social services agency and tribal law enforcement orally and in writing when a report is received. 

(b) Upon receipt of a report, the local welfare agency shall determine whether to conduct a family assessment or an investigation as appropriate to prevent or provide a remedy for child maltreatment. The local welfare agency: 

(1) shall conduct an investigation on reports involving sexual abuse or substantial child endangerment; 

(2) shall begin an immediate investigation if, at any time when it is using a family assessment response, it determines that there is reason to believe that sexual abuse or substantial child endangerment or a serious threat to the child's safety exists; 

(3) may conduct a family assessment for reports that do not allege sexual abuse or substantial child endangerment. In determining that a family assessment is appropriate, the local welfare agency may consider issues of child safety, parental cooperation, and the need for an immediate response; 

(4) may conduct a family assessment on a report that was initially screened and assigned for an investigation. In determining that a complete investigation is not required, the local welfare agency must document the reason for terminating the investigation and notify the local law enforcement agency if the local law enforcement agency is conducting a joint investigation; and 

(5) shall provide immediate notice, according to section 260.761, subdivision 2, to an Indian child's tribe when the agency has reason to believe the family assessment or investigation may involve an Indian child. For purposes of this clause, "immediate notice" means notice provided within 24 hours. 

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, or sexual abuse by a person with a significant relationship to the child when that person resides in the child's household or by a sibling, the local welfare agency shall immediately conduct a family assessment or investigation as identified in clauses (1) to (4). In conducting a family assessment or investigation, the local welfare agency shall gather information on the existence of substance abuse and domestic violence and offer services for purposes of preventing future child maltreatment, safeguarding and enhancing the welfare of the abused or neglected minor, and supporting and preserving family life whenever possible. If the report alleges a violation of a criminal statute involving sexual abuse, physical abuse, or neglect or endangerment, under section 609.378, the local law enforcement agency and local welfare agency shall coordinate the planning and execution of their respective investigation and assessment efforts to avoid a duplication of fact-finding efforts and multiple interviews. Each agency shall prepare a separate report of the results of its investigation or assessment. In cases of alleged child maltreatment resulting in death, the local agency may rely on the fact-finding efforts of a law enforcement investigation to make a determination of whether or not maltreatment occurred. When necessary the local welfare agency shall seek authority to remove the child from the custody of a parent, guardian, or adult with whom the child is living. In performing any of these duties, the local welfare agency shall maintain appropriate records. 

If the family assessment or investigation indicates there is a potential for abuse of alcohol or other drugs by the parent, guardian, or person responsible for the child's care, the local welfare agency shall conduct a chemical use assessment pursuant to Minnesota Rules, part 9530.6615. 

(c) When a local agency receives a report or otherwise has information indicating that a child who is a client, as defined in section 245.91, has been the subject of physical abuse, sexual abuse, or neglect at an agency, facility, or program as defined in section 245.91, it shall, in addition to its other duties under this section, immediately inform the ombudsman established under sections 245.91 to 245.97. The commissioner of education shall inform the ombudsman established under sections 245.91 to 245.97 of reports regarding a child defined as a client in section 245.91 that maltreatment occurred at a school as defined in section 120A.05, subdivisions 9, 11, and 13, and chapter 124E. 

(d) Authority of the local welfare agency responsible for assessing or investigating the child abuse or neglect report, the agency responsible for assessing or investigating the report, and of the local law enforcement agency for investigating the alleged abuse or neglect includes, but is not limited to, authority to interview, without parental consent, the alleged victim and any other minors who currently reside with or who have resided with the alleged offender. The interview may take place at school or at any facility or other place where the alleged victim or other minors might be found or the child may be transported to, and the interview conducted at, a place appropriate for the interview of a child designated by the local welfare agency or law enforcement agency. The interview may take place outside the presence of the alleged offender or parent, legal custodian, guardian, or school official. For family assessments, it is the preferred practice to request a parent or guardian's permission to interview the child prior to conducting the child interview, unless doing so would compromise the safety assessment. Except as provided in this paragraph, the parent, legal custodian, or guardian shall be notified by the responsible local welfare or law enforcement agency no later than the conclusion of the investigation or assessment that this interview has occurred. Notwithstanding rule 32 of the Minnesota Rules of Procedure for Juvenile Courts, the juvenile court may, after hearing on an ex parte motion by the local welfare agency, order that, where reasonable cause exists, the agency withhold notification of this interview from the parent, legal custodian, or guardian. If the interview took place or is to take place on school property, the order shall specify that school officials may not disclose to the parent, legal custodian, or guardian the contents of the notification of intent to interview the child on school property, as provided under this paragraph, and any other related information regarding the interview that may be a part of the child's school record. A copy of the order shall be sent by the local welfare or law enforcement agency to the appropriate school official. 

(e) When the local welfare, local law enforcement agency, or the agency responsible for assessing or investigating a report of maltreatment determines that an interview should take place on school property, written notification of intent to interview the child on school property must be received by school officials prior to the interview. The notification shall include the name of the child to be interviewed, the purpose of the interview, and a reference to the statutory authority to conduct an interview on school property. For interviews conducted by the local welfare agency, the notification shall be signed by the chair of the local social services agency or the chair's designee. The notification shall be private data on individuals subject to the provisions of this paragraph. School officials may not disclose to the parent, legal custodian, or guardian the contents of the notification or any other related information regarding the interview until notified in writing by the local welfare or law enforcement agency that the investigation or assessment has been concluded, unless a school employee or agent is alleged to have maltreated the child. Until that time, the local welfare or law enforcement agency or the agency responsible for assessing or investigating a report of maltreatment shall be solely responsible for any disclosures regarding the nature of the assessment or investigation. 

Except where the alleged offender is believed to be a school official or employee, the time and place, and manner of the interview on school premises shall be within the discretion of school officials, but the local welfare or law enforcement agency shall have the exclusive authority to determine who may attend the interview. The conditions as to time, place, and manner of the interview set by the school officials shall be reasonable and the interview shall be conducted not more than 24 hours after the receipt of the notification unless another time is considered necessary by agreement between the school officials and the local welfare or law enforcement agency. Where the school fails to comply with the provisions of this paragraph, the juvenile court may order the school to comply. Every effort must be made to reduce the disruption of the educational program of the child, other students, or school staff when an interview is conducted on school premises. 

(f) Where the alleged offender 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 alleged offender or any person responsible for the child's care at reasonable places and times as specified by court order. 

(g) Before making an order under paragraph (f), the court shall issue an order to show cause, either upon its own motion or upon a verified petition, specifying the basis for the requested interviews and fixing the time and place of the hearing. The order to show cause shall be served personally and shall be heard in the same manner as provided in other cases in the juvenile court. The court shall consider the need for appointment of a guardian ad litem to protect the best interests of the child. If appointed, the guardian ad litem shall be present at the hearing on the order to show cause. 

(h) The commissioner of human services, the ombudsman for mental health and developmental disabilities, the local welfare agencies responsible for investigating reports, the commissioner of education, and the local law enforcement agencies have the right to enter facilities as defined in subdivision 2 and to inspect and copy the facility's records, including medical records, as part of the investigation. Notwithstanding the provisions of chapter 13, they also have the right to inform the facility under investigation that they are conducting an investigation, to disclose to the facility the names of the individuals under investigation for abusing or neglecting a child, and to provide the facility with a copy of the report and the investigative findings. 

(i) The local welfare agency responsible for conducting a family assessment or investigation shall collect available and relevant information to determine child safety, risk of subsequent child maltreatment, and family strengths and needs and share not public information with an Indian's tribal social services agency without violating any law of the state that may otherwise impose duties of confidentiality on the local welfare agency in order to implement the tribal state agreement. The local welfare agency or the agency responsible for investigating the report shall collect available and relevant information to ascertain whether maltreatment occurred and whether protective services are needed. Information collected includes, when relevant, information with regard to the person reporting the alleged maltreatment, including the nature of the reporter's relationship to the child and to the alleged offender, and the basis of the reporter's knowledge for the report; the child allegedly being maltreated; the alleged offender; the child's caretaker; and other collateral sources having relevant information related to the alleged maltreatment. The local welfare agency or the agency responsible for investigating the report may make a determination of no maltreatment early in an investigation, and close the case and retain immunity, if the collected information shows no basis for a full investigation. 

Information relevant to the assessment or investigation must be asked for, and may include: 

(1) the child's sex and age; prior reports of maltreatment, including any maltreatment reports that were screened out and not accepted for assessment or investigation; information relating to developmental functioning; credibility of the child's statement; and whether the information provided under this clause is consistent with other information collected during the course of the assessment or investigation; 

(2) the alleged offender's age, a record check for prior reports of maltreatment, and criminal charges and convictions. The local welfare agency or the agency responsible for assessing or investigating the report must provide the alleged offender with an opportunity to make a statement. The alleged offender may submit supporting documentation relevant to the assessment or investigation; 

(3) collateral source information regarding the alleged maltreatment and care of the child. Collateral information includes, when relevant: (i) a medical examination of the child; (ii) prior medical records relating to the alleged maltreatment or the care of the child maintained by any facility, clinic, or health care professional and an interview with the treating professionals; and (iii) interviews with the child's caretakers, including the child's parent, guardian, foster parent, child care provider, teachers, counselors, family members, relatives, and other persons who may have knowledge regarding the alleged maltreatment and the care of the child; and 

(4) information on the existence of domestic abuse and violence in the home of the child, and substance abuse. 

Nothing in this paragraph precludes the local welfare agency, the local law enforcement agency, or the agency responsible for assessing or investigating the report from collecting other relevant information necessary to conduct the assessment or investigation. Notwithstanding sections 13.384 or 144.291 to 144.298, the local welfare agency has access to medical data and records for purposes of clause (3). Notwithstanding the data's classification in the possession of any other agency, data acquired by the local welfare agency or the agency responsible for assessing or investigating the report during the course of the assessment or investigation are private data on individuals and must be maintained in accordance with subdivision 11. Data of the commissioner of education collected or maintained during and for the purpose of an investigation of alleged maltreatment in a school are governed by this section, notwithstanding the data's classification as educational, licensing, or personnel data under chapter 13. 

In conducting an assessment or investigation involving a school facility as defined in subdivision 2, paragraph (c), the commissioner of education shall collect investigative reports and data that are relevant to a report of maltreatment and are from local law enforcement and the school facility. 

(j) Upon receipt of a report, the local welfare agency shall conduct a face-to-face contact with the child reported to be maltreated and with the child's primary caregiver sufficient to complete a safety assessment and ensure the immediate safety of the child. The face-to-face contact with the child and primary caregiver shall occur immediately if sexual abuse or substantial child endangerment is alleged and within five calendar days for all other reports. If the alleged offender was not already interviewed as the primary caregiver, the local welfare agency shall also conduct a face-to-face interview with the alleged offender in the early stages of the assessment or investigation. At the initial contact, the local child welfare agency or the agency responsible for assessing or investigating the report must inform the alleged offender of the complaints or allegations made against the individual in a manner consistent with laws protecting the rights of the person who made the report. The interview with the alleged offender may be postponed if it would jeopardize an active law enforcement investigation. 

(k) When conducting an investigation, the local welfare agency shall use a question and answer interviewing format with questioning as nondirective as possible to elicit spontaneous responses. For investigations only, the following interviewing methods and procedures must be used whenever possible when collecting information: 

(1) audio recordings of all interviews with witnesses and collateral sources; and 

(2) in cases of alleged sexual abuse, audio-video recordings of each interview with the alleged victim and child witnesses. 

(l) In conducting an assessment or investigation involving a school facility as defined in subdivision 2, paragraph (c), the commissioner of education shall collect available and relevant information and use the procedures in paragraphs (j) and (k), and subdivision 3d, except that the requirement for face-to-face observation of the child and face-to-face interview of the alleged offender is to occur in the initial stages of the assessment or investigation provided that the commissioner may also base the assessment or investigation on investigative reports and data received from the school facility and local law enforcement, to the extent those investigations satisfy the requirements of paragraphs (j) and (k), and subdivision 3d. 

Subd. 10a.Law enforcement agency responsibility for investigation; welfare agency reliance on law enforcement fact-finding; welfare agency offer of services. 
(a) If the report alleges neglect, physical abuse, or sexual abuse by a person who is not a parent, guardian, sibling, person responsible for the child's care functioning within the family unit, or a person who lives in the child's household and who has a significant relationship to the child, in a setting other than a facility as defined in subdivision 2, the local welfare agency shall immediately notify the appropriate law enforcement agency, which shall conduct an investigation of the alleged abuse or neglect if a violation of a criminal statute is alleged. 

(b) The local agency may rely on the fact-finding efforts of the law enforcement investigation conducted under this subdivision to make a determination whether or not threatened injury or other maltreatment has occurred under subdivision 2 if an alleged offender has minor children or lives with minors. 

(c) If a child is the victim of an alleged crime under paragraph (a), the law enforcement agency shall immediately notify the local welfare agency, which shall offer appropriate social services for the purpose of safeguarding and enhancing the welfare of the abused or neglected minor. 

Subd. 10b.Duties of commissioner; neglect or abuse in facility. 
(a) This section applies to the commissioners of human services, health, and education. The commissioner of the agency responsible for assessing or investigating the report shall immediately assess or investigate if the report alleges that: 

(1) a child who is in the care of a facility as defined in subdivision 2 is neglected, physically abused, sexually abused, or is the victim of maltreatment in a facility by an individual in that facility, or has been so neglected or abused, or been the victim of maltreatment in a facility by an individual in that facility within the three years preceding the report; or 

(2) a child was neglected, physically abused, sexually abused, or is the victim of maltreatment in a facility by an individual in a facility defined in subdivision 2, while in the care of that facility within the three years preceding the report. 

The commissioner of the agency responsible for assessing or investigating the report shall arrange for the transmittal to the commissioner of reports received by local agencies and may delegate to a local welfare agency the duty to investigate reports. In conducting an investigation under this section, the commissioner has the powers and duties specified for local welfare agencies under this section. The commissioner of the agency responsible for assessing or investigating the report or local welfare agency may interview any children who are or have been in the care of a facility under investigation and their parents, guardians, or legal custodians. 

(b) Prior to any interview, the commissioner of the agency responsible for assessing or investigating the report or local welfare agency shall notify the parent, guardian, or legal custodian of a child who will be interviewed in the manner provided for in subdivision 10d, paragraph (a). If reasonable efforts to reach the parent, guardian, or legal custodian of a child in an out-of-home placement have failed, the child may be interviewed if there is reason to believe the interview is necessary to protect the child or other children in the facility. The commissioner of the agency responsible for assessing or investigating the report or local agency must provide the information required in this subdivision to the parent, guardian, or legal custodian of a child interviewed without parental notification as soon as possible after the interview. When the investigation is completed, any parent, guardian, or legal custodian notified under this subdivision shall receive the written memorandum provided for in subdivision 10d, paragraph (c). 

(c) In conducting investigations under this subdivision the commissioner or local welfare agency shall obtain access to information consistent with subdivision 10, paragraphs (h), (i), and (j). In conducting assessments or investigations under this subdivision, the commissioner of education shall obtain access to reports and investigative data that are relevant to a report of maltreatment and are in the possession of a school facility as defined in subdivision 2, paragraph (c), notwithstanding the classification of the data as educational or personnel data under chapter 13. This includes, but is not limited to, school investigative reports, information concerning the conduct of school personnel alleged to have committed maltreatment of students, information about witnesses, and any protective or corrective action taken by the school facility regarding the school personnel alleged to have committed maltreatment. 

(d) The commissioner may request assistance from the local social services agency. 

Subd. 10c.Duties of local social service agency upon receipt of report of medical neglect. 
If the report alleges medical neglect as defined in section 260C.007, subdivision 6, clause (5), the local welfare agency shall, in addition to its other duties under this section, immediately consult with designated hospital staff and with the parents of the infant to verify that appropriate nutrition, hydration, and medication are being provided; and shall immediately secure an independent medical review of the infant's medical charts and records and, if necessary, seek a court order for an independent medical examination of the infant. If the review or examination leads to a conclusion of medical neglect, the agency shall intervene on behalf of the infant by initiating legal proceedings under section 260C.141 and by filing an expedited motion to prevent the withholding of medically indicated treatment. 

Subd. 10d.Notification of neglect or abuse in facility. 
(a) When a report is received that alleges neglect, physical abuse, sexual abuse, or maltreatment of a child while in the care of a licensed or unlicensed day care facility, residential facility, agency, hospital, sanitarium, or other facility or institution required to be licensed or certified according to sections 144.50 to 144.58; 241.021; or 245A.01 to 245A.16; or chapter 144H, 245D, or 245H, or a school as defined in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E; or a nonlicensed personal care provider organization as defined in section 256B.0625, subdivision 19a, the commissioner of the agency responsible for assessing or investigating the report or local welfare agency investigating the report shall provide the following information to the parent, guardian, or legal custodian of a child alleged to have been neglected, physically abused, sexually abused, or the victim of maltreatment of a child in the facility: the name of the facility; the fact that a report alleging neglect, physical abuse, sexual abuse, or maltreatment of a child in the facility has been received; the nature of the alleged neglect, physical abuse, sexual abuse, or maltreatment of a child in the facility; that the agency is conducting an assessment or investigation; any protective or corrective measures being taken pending the outcome of the investigation; and that a written memorandum will be provided when the investigation is completed. 

(b) The commissioner of the agency responsible for assessing or investigating the report or local welfare agency may also provide the information in paragraph (a) to the parent, guardian, or legal custodian of any other child in the facility if the investigative agency knows or has reason to believe the alleged neglect, physical abuse, sexual abuse, or maltreatment of a child in the facility has occurred. In determining whether to exercise this authority, the commissioner of the agency responsible for assessing or investigating the report or local welfare agency shall consider the seriousness of the alleged neglect, physical abuse, sexual abuse, or maltreatment of a child in the facility; the number of children allegedly neglected, physically abused, sexually abused, or victims of maltreatment of a child in the facility; the number of alleged perpetrators; and the length of the investigation. The facility shall be notified whenever this discretion is exercised. 

(c) When the commissioner of the agency responsible for assessing or investigating the report or local welfare agency has completed its investigation, every parent, guardian, or legal custodian previously notified of the investigation by the commissioner or local welfare agency shall be provided with the following information in a written memorandum: the name of the facility investigated; the nature of the alleged neglect, physical abuse, sexual abuse, or maltreatment of a child in the facility; the investigator's name; a summary of the investigation findings; a statement whether maltreatment was found; and the protective or corrective measures that are being or will be taken. The memorandum shall be written in a manner that protects the identity of the reporter and the child and shall not contain the name, or to the extent possible, reveal the identity of the alleged perpetrator or of those interviewed during the investigation. If maltreatment is determined to exist, the commissioner or local welfare agency shall also provide the written memorandum to the parent, guardian, or legal custodian of each child in the facility who had contact with the individual responsible for the maltreatment. When the facility is the responsible party for maltreatment, the commissioner or local welfare agency shall also provide the written memorandum to the parent, guardian, or legal custodian of each child who received services in the population of the facility where the maltreatment occurred. This notification must be provided to the parent, guardian, or legal custodian of each child receiving services from the time the maltreatment occurred until either the individual responsible for maltreatment is no longer in contact with a child or children in the facility or the conclusion of the investigation. In the case of maltreatment within a school facility, as defined in section 120A.05, subdivisions 9, 11, and 13, and chapter 124E, the commissioner of education need not provide notification to parents, guardians, or legal custodians of each child in the facility, but shall, within ten days after the investigation is completed, provide written notification to the parent, guardian, or legal custodian of any student alleged to have been maltreated. The commissioner of education may notify the parent, guardian, or legal custodian of any student involved as a witness to alleged maltreatment. 

Subd. 10e.Determinations. 
(a) The local welfare agency shall conclude the family assessment or the investigation within 45 days of the receipt of a report. The conclusion of the assessment or investigation may be extended to permit the completion of a criminal investigation or the receipt of expert information requested within 45 days of the receipt of the report. 

(b) After conducting a family assessment, the local welfare agency shall determine whether services are needed to address the safety of the child and other family members and the risk of subsequent maltreatment. 

(c) After conducting an investigation, the local welfare agency shall make two determinations: first, whether maltreatment has occurred; and second, whether child protective services are needed. No determination of maltreatment shall be made when the alleged perpetrator is a child under the age of ten. 

(d) If the commissioner of education conducts an assessment or investigation, the commissioner shall determine whether maltreatment occurred and what corrective or protective action was taken by the school facility. If a determination is made that maltreatment has occurred, the commissioner shall report to the employer, the school board, and any appropriate licensing entity the determination that maltreatment occurred and what corrective or protective action was taken by the school facility. In all other cases, the commissioner shall inform the school board or employer that a report was received, the subject of the report, the date of the initial report, the category of maltreatment alleged as defined in paragraph (f), the fact that maltreatment was not determined, and a summary of the specific reasons for the determination. 

(e) When maltreatment is determined in an investigation involving a facility, the investigating agency shall also determine whether the facility or individual was responsible, or whether both the facility and the individual were responsible for the maltreatment using the mitigating factors in paragraph (i). Determinations under this subdivision must be made based on a preponderance of the evidence and are private data on individuals or nonpublic data as maintained by the commissioner of education. 

(f) For the purposes of this subdivision, "maltreatment" means any of the following acts or omissions: 

(1) physical abuse as defined in subdivision 2, paragraph (k); 

(2) neglect as defined in subdivision 2, paragraph (g); 

(3) sexual abuse as defined in subdivision 2, paragraph (n); 

(4) mental injury as defined in subdivision 2, paragraph (f); or 

(5) maltreatment of a child in a facility as defined in subdivision 2, paragraph (c). 

(g) 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. 

(h) 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 serious danger to the child's health, the local welfare agency may ensure that necessary medical services are provided to the child. 

(i) When determining whether the facility or individual is the responsible party, or whether both the facility and the individual are responsible for determined maltreatment in a facility, the investigating agency shall consider at least the following mitigating factors: 

(1) whether the actions of the facility or the individual caregivers were according to, and followed the terms of, an erroneous physician order, prescription, individual care plan, or directive; however, this is not a mitigating factor when the facility or caregiver was responsible for the issuance of the erroneous order, prescription, individual care plan, or directive or knew or should have known of the errors and took no reasonable measures to correct the defect before administering care; 

(2) comparative responsibility between the facility, other caregivers, and requirements placed upon an employee, including the facility's compliance with related regulatory standards and the adequacy of facility policies and procedures, facility training, an individual's participation in the training, the caregiver's supervision, and facility staffing levels and the scope of the individual employee's authority and discretion; and 

(3) whether the facility or individual followed professional standards in exercising professional judgment. 

The evaluation of the facility's responsibility under clause (2) must not be based on the completeness of the risk assessment or risk reduction plan required under section 245A.66, but must be based on the facility's compliance with the regulatory standards for policies and procedures, training, and supervision as cited in Minnesota Statutes and Minnesota Rules. 

(j) Notwithstanding paragraph (i), when maltreatment is determined to have been committed by an individual who is also the facility license or certification holder, both the individual and the facility must be determined responsible for the maltreatment, and both the background study disqualification standards under section 245C.15, subdivision 4, and the licensing or certification actions under section 245A.06, 245A.07, 245H.06, or 245H.07 apply. 

Subd. 10f.Notice of determinations. 
Within ten working days of the conclusion of a family assessment, the local welfare agency shall notify the parent or guardian of the child of the need for services to address child safety concerns or significant risk of subsequent child maltreatment. The local welfare agency and the family may also jointly agree that family support and family preservation services are needed. Within ten working days of the conclusion of an investigation, the local welfare agency or agency responsible for investigating the report shall notify the parent or guardian of the child, the person determined to be maltreating the child, and, if applicable, the director of the facility, of the determination and a summary of the specific reasons for the determination. When the investigation involves a child foster care setting that is monitored by a private licensing agency under section 245A.16, the local welfare agency responsible for investigating the report shall notify the private licensing agency of the determination and shall provide a summary of the specific reasons for the determination. The notice to the private licensing agency must include identifying private data, but not the identity of the reporter of maltreatment. The notice must also include a certification that the information collection procedures under subdivision 10, paragraphs (h), (i), and (j), were followed and a notice of the right of a data subject to obtain access to other private data on the subject collected, created, or maintained under this section. In addition, the notice shall include the length of time that the records will be kept under subdivision 11c. The investigating agency shall notify the parent or guardian of the child who is the subject of the report, and any person or facility determined to have maltreated a child, of their appeal or review rights under this section. The notice must also state that a finding of maltreatment may result in denial of a license or certification application or background study disqualification under chapter 245C related to employment or services that are licensed or certified by the Department of Human Services under chapter 245A or 245H, the Department of Health under chapter 144 or 144A, the Department of Corrections under section 241.021, and from providing services related to an unlicensed personal care provider organization under chapter 256B. 

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. 

Subd. 10h.Child abuse data; release to family court services. 
The responsible authority or its designee of a local welfare agency may release private or confidential data on an active case involving assessment or investigation of actions that are defined as sexual abuse, physical abuse, or neglect under this section to a court services agency if: 

(1) the court services agency has an active case involving a common client or clients who are the subject of the data; and 

(2) the data are necessary for the court services agency to effectively process the court services' case, including investigating or performing other duties relating to the case required by law. 

The data disclosed under this subdivision may be used only for purposes of the active court services case described in clause (1) and may not be further disclosed to any other person or agency, except as authorized by law. 

Subd. 10i.Administrative reconsideration; review panel. 
(a) Administrative reconsideration is not applicable in family assessments since no determination concerning maltreatment is made. For investigations, except as provided under paragraph (e), an individual or facility that the commissioner of human services, a local social service agency, or the commissioner of education determines has maltreated a child, an interested person acting on behalf of the child, regardless of the determination, who contests the investigating agency's final determination regarding maltreatment, may request the investigating agency to reconsider its final determination regarding maltreatment. The request for reconsideration must be submitted in writing to the investigating agency within 15 calendar days after receipt of notice of the final determination regarding maltreatment or, if the request is made by an interested person who is not entitled to notice, within 15 days after receipt of the notice by the parent or guardian of the child. If mailed, the request for reconsideration must be postmarked and sent to the investigating agency within 15 calendar days of the individual's or facility's receipt of the final determination. If the request for reconsideration is made by personal service, it must be received by the investigating agency within 15 calendar days after the individual's or facility's receipt of the final determination. Effective January 1, 2002, an individual who was determined to have maltreated a child under this section and who was disqualified on the basis of serious or recurring maltreatment under sections 245C.14 and 245C.15, may request reconsideration of the maltreatment determination and the disqualification. The request for reconsideration of the maltreatment determination and the disqualification must be submitted within 30 calendar days of the individual's receipt of the notice of disqualification under sections 245C.16 and 245C.17. If mailed, the request for reconsideration of the maltreatment determination and the disqualification must be postmarked and sent to the investigating agency within 30 calendar days of the individual's receipt of the maltreatment determination and notice of disqualification. If the request for reconsideration is made by personal service, it must be received by the investigating agency within 30 calendar days after the individual's receipt of the notice of disqualification. 

(b) Except as provided under paragraphs (e) and (f), if the investigating agency denies the request or fails to act upon the request within 15 working days after receiving the request for reconsideration, the person or facility entitled to a fair hearing under section 256.045 may submit to the commissioner of human services or the commissioner of education a written request for a hearing under that section. Section 256.045 also governs hearings requested to contest a final determination of the commissioner of education. The investigating agency shall notify persons who request reconsideration of their rights under this paragraph. The hearings specified under this section are the only administrative appeal of a decision issued under paragraph (a). Determinations under this section are not subject to accuracy and completeness challenges under section 13.04. 

(c) If, as a result of a reconsideration or review, the investigating agency changes the final determination of maltreatment, that agency shall notify the parties specified in subdivisions 10b, 10d, and 10f. 

(d) Except as provided under paragraph (f), if an individual or facility contests the investigating agency's final determination regarding maltreatment by requesting a fair hearing under section 256.045, the commissioner of human services shall assure that the hearing is conducted and a decision is reached within 90 days of receipt of the request for a hearing. The time for action on the decision may be extended for as many days as the hearing is postponed or the record is held open for the benefit of either party. 

(e) If an individual was disqualified under sections 245C.14 and 245C.15, on the basis of a determination of maltreatment, which was serious or recurring, and the individual has requested reconsideration of the maltreatment determination under paragraph (a) and requested reconsideration of the disqualification under sections 245C.21 to 245C.27, reconsideration of the maltreatment determination and reconsideration of the disqualification shall be consolidated into a single reconsideration. If reconsideration of the maltreatment determination is denied and the individual remains disqualified following a reconsideration decision, the individual may request a fair hearing under section 256.045. If an individual requests a fair hearing on the maltreatment determination and the disqualification, the scope of the fair hearing shall include both the maltreatment determination and the disqualification. 

(f) If a maltreatment determination or a disqualification based on serious or recurring maltreatment is the basis for a denial of a license under section 245A.05 or a licensing sanction under section 245A.07, the license holder has the right to a contested case hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. As provided for under section 245A.08, subdivision 2a, the scope of the contested case hearing shall include the maltreatment determination, disqualification, and licensing sanction or denial of a license. In such cases, a fair hearing regarding the maltreatment determination and disqualification shall not be conducted under section 256.045. Except for family child care and child foster care, reconsideration of a maltreatment determination as provided under this subdivision, and reconsideration of a disqualification as provided under section 245C.22, shall also not be conducted when: 

(1) a denial of a license under section 245A.05 or a licensing sanction under section 245A.07, is based on a determination that the license holder is responsible for maltreatment or the disqualification of a license holder based on serious or recurring maltreatment; 

(2) the denial of a license or licensing sanction is issued at the same time as the maltreatment determination or disqualification; and 

(3) the license holder appeals the maltreatment determination or disqualification, and denial of a license or licensing sanction. 

Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment determination or disqualification, but does not appeal the denial of a license or a licensing sanction, reconsideration of the maltreatment determination shall be conducted under sections 626.556, subdivision 10i, and 626.557, subdivision 9d, and reconsideration of the disqualification shall be conducted under section 245C.22. In such cases, a fair hearing shall also be conducted as provided under sections 245C.27, 626.556, subdivision 10i, and 626.557, subdivision 9d. 

If the disqualified subject is an individual other than the license holder and upon whom a background study must be conducted under chapter 245C, the hearings of all parties may be consolidated into a single contested case hearing upon consent of all parties and the administrative law judge. 

(g) For purposes of this subdivision, "interested person acting on behalf of the child" means a parent or legal guardian; stepparent; grandparent; guardian ad litem; adult stepbrother, stepsister, or sibling; or adult aunt or uncle; unless the person has been determined to be the perpetrator of the maltreatment. 

(h) If a maltreatment determination is the basis for a correction order under section 245H.06 or decertification under section 245H.07, the certification holder has the right to request reconsideration under sections 245H.06 and 245H.07. If the certification holder appeals the maltreatment determination or disqualification, but does not appeal the correction order or decertification, reconsideration of the maltreatment determination shall be conducted under section 626.556, subdivision 10i, and reconsideration of the disqualification shall be conducted under section 245C.22. 

Subd. 10j.Release of data to mandated reporters. 
(a) A local social services or child protection agency, or the agency responsible for assessing or investigating the report of maltreatment, shall provide relevant private data on individuals obtained under this section to a mandated reporter who made the report and who has an ongoing responsibility for the health, education, or welfare of a child affected by the data, unless the agency determines that providing the data would not be in the best interests of the child. The agency may provide the data to other mandated reporters with ongoing responsibility for the health, education, or welfare of the child. Mandated reporters with ongoing responsibility for the health, education, or welfare of a child affected by the data include the child's teachers or other appropriate school personnel, foster parents, health care providers, respite care workers, therapists, social workers, child care providers, residential care staff, crisis nursery staff, probation officers, and court services personnel. Under this section, a mandated reporter need not have made the report to be considered a person with ongoing responsibility for the health, education, or welfare of a child affected by the data. Data provided under this section must be limited to data pertinent to the individual's responsibility for caring for the child. 

(b) A reporter who receives private data on individuals under this subdivision must treat the data according to that classification, regardless of whether the reporter is an employee of a government entity. The remedies and penalties under sections 13.08 and 13.09 apply if a reporter releases data in violation of this section or other law. 

Subd. 10k.Release of certain assessment or investigative records to other counties. 
Records maintained under subdivision 11c, paragraph (a), may be shared with another local welfare agency that requests the information because it is conducting an assessment or investigation under this section of the subject of the records. 

Subd. 10l.Documentation. 
When a case is closed that has been open for services, the local welfare agency shall document the outcome of the family assessment or investigation, including a description of services provided and the removal or reduction of risk to the child, if it existed. 

Subd. 10m.Provision of child protective services; consultation with county attorney. 
(a) The local welfare agency shall create a written plan, in collaboration with the family whenever possible, within 30 days of the determination that child protective services are needed or upon joint agreement of the local welfare agency and the family that family support and preservation services are needed. Child protective services for a family are voluntary unless ordered by the court. 

(b) The local welfare agency shall consult with the county attorney to determine the appropriateness of filing a petition alleging the child is in need of protection or services under section 260C.007, subdivision 6, if: 

(1) the family does not accept or comply with a plan for child protective services; 

(2) voluntary child protective services may not provide sufficient protection for the child; or 

(3) the family is not cooperating with an investigation or assessment. 

Subd. 10n.Required referral to early intervention services. 
A child under age three who is involved in a substantiated case of maltreatment shall be referred for screening under the Individuals with Disabilities Education Act, part C. Parents must be informed that the evaluation and acceptance of services are voluntary. The commissioner of human services shall monitor referral rates by county and annually report the information to the legislature beginning March 15, 2014. Refusal to have a child screened is not a basis for a child in need of protection or services petition under chapter 260C. 

Subd. 11.Records. 
(a) Except as provided in paragraph (b) and subdivisions 10b, 10d, 10g, and 11b, all records concerning individuals maintained by a local welfare agency or agency responsible for assessing or investigating the report 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. All records concerning determinations of maltreatment by a facility are nonpublic data as maintained by the Department of Education, 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, including county medical examiners or county coroners. Section 13.82, subdivisions 8, 9, and 14, apply to law enforcement data other than the reports. The local social services agency or agency responsible for assessing or investigating the report shall make available to the investigating, petitioning, or prosecuting authority, including county medical examiners or county coroners or their professional delegates, any records which contain information relating to a specific incident of neglect or abuse which is under investigation, petition, or prosecution and information relating to any prior incidents of neglect or abuse involving any of the same persons. The records shall be collected and maintained in accordance with the provisions of chapter 13. In conducting investigations and assessments pursuant to this section, the notice required by section 13.04, subdivision 2, need not be provided to a minor under the age of ten who is the alleged victim of abuse or neglect. An individual subject of a record shall have access to the record in accordance with those sections, except that the name of the reporter shall be confidential while the report is under assessment or investigation except as otherwise permitted by this subdivision. Any person conducting an investigation or assessment under this section who intentionally discloses the identity of a reporter prior to the completion of the investigation or assessment is guilty of a misdemeanor. After the assessment or investigation is completed, the name of the reporter shall be confidential. The subject of the report may compel disclosure of the name of the reporter only with the consent of the reporter or upon a written finding by the court that the report was false and that there is evidence that the report was made in bad faith. This subdivision does not alter disclosure responsibilities or obligations under the Rules of Criminal Procedure. 

(b) Upon request of the legislative auditor, data on individuals maintained under this section must be released to the legislative auditor in order for the auditor to fulfill the auditor's duties under section 3.971. The auditor shall maintain the data in accordance with chapter 13. 

(c) The commissioner of education must be provided with all requested data that are relevant to a report of maltreatment and are in possession of a school facility as defined in subdivision 2, paragraph (c), when the data is requested pursuant to an assessment or investigation of a maltreatment report of a student in a school. If the commissioner of education makes a determination of maltreatment involving an individual performing work within a school facility who is licensed by a board or other agency, the commissioner shall provide necessary and relevant information to the licensing entity to enable the entity to fulfill its statutory duties. Notwithstanding section 13.03, subdivision 4, data received by a licensing entity under this paragraph are governed by section 13.41 or other applicable law governing data of the receiving entity, except that this section applies to the classification of and access to data on the reporter of the maltreatment. 

Subd. 11a.Disclosure of information not required in certain cases. 
When interviewing a minor under subdivision 10, an individual does not include the parent or guardian of the minor for purposes of section 13.04, subdivision 2, when the parent or guardian is the alleged perpetrator of the abuse or neglect. 

Subd. 11b.Data received from law enforcement. 
Active law enforcement investigative data received by a local welfare agency or agency responsible for assessing or investigating the report under this section are confidential data on individuals. When this data become inactive in the law enforcement agency, the data are private data on individuals. 

Subd. 11c.Welfare, court services agency, and school records maintained. 
Notwithstanding sections 138.163 and 138.17, records maintained or records derived from reports of abuse by local welfare agencies, agencies responsible for assessing or investigating the report, court services agencies, or schools under this section shall be destroyed as provided in paragraphs (a) to (d) by the responsible authority. 

(a) For reports alleging child maltreatment that were not accepted for assessment or investigation, family assessment cases, and cases where an investigation results in no determination of maltreatment or the need for child protective services, the records must be maintained for a period of five years after the date the report was not accepted for assessment or investigation or of the final entry in the case record. Records of reports that were not accepted must contain sufficient information to identify the subjects of the report, the nature of the alleged maltreatment, and the reasons as to why the report was not accepted. Records under this paragraph may not be used for employment, background checks, or purposes other than to assist in future screening decisions and risk and safety assessments. 

(b) All records relating to reports which, upon investigation, indicate either maltreatment or a need for child protective services shall be maintained for ten years after the date of the final entry in the case record. 

(c) All records regarding a report of maltreatment, including any notification of intent to interview which was received by a school under subdivision 10, paragraph (d), 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. 

(d) Private or confidential data released to a court services agency under subdivision 10h must be destroyed by the court services agency when ordered to do so by the local welfare agency that released the data. The local welfare agency or agency responsible for assessing or investigating the report shall order destruction of the data when other records relating to the assessment or investigation are destroyed under this subdivision. 

Subd. 11d.Disclosure in child fatality or near-fatality cases. 
(a) The definitions in this paragraph apply to this section. 

(1) "Child fatality" means the death of a child from child abuse or neglect. 

(2) "Near fatality" means a case in which a physician, advanced practice registered nurse, or physician assistant determines that a child is in serious or critical condition as the result of sickness or injury caused by child abuse or neglect. 

(3) "Findings and information" means a written summary described in paragraph (c) of actions taken or services rendered by a local social services agency following receipt of a report. 

(b) Notwithstanding any other provision of law and subject to this subdivision, a public agency shall disclose to the public, upon request, the findings and information related to a child fatality or near fatality if: 

(1) a person is criminally charged with having caused the child fatality or near fatality; 

(2) a county attorney certifies that a person would have been charged with having caused the child fatality or near fatality but for that person's death; or 

(3) a child protection investigation resulted in a determination of child abuse or neglect. 

(c) Findings and information disclosed under this subdivision consist of a written summary that includes any of the following information the agency is able to provide: 

(1) the cause and circumstances regarding the child fatality or near fatality; 

(2) the age and gender of the child; 

(3) information on any previous reports of child abuse or neglect that are pertinent to the abuse or neglect that led to the child fatality or near fatality; 

(4) information on any previous investigations that are pertinent to the abuse or neglect that led to the child fatality or near fatality; 

(5) the results of any investigations described in clause (4); 

(6) actions of and services provided by the local social services agency on behalf of a child that are pertinent to the child abuse or neglect that led to the child fatality or near fatality; and 

(7) the results of any review of the state child mortality review panel, a local child mortality review panel, a local community child protection team, or any public agency. 

(d) Nothing in this subdivision authorizes access to the private data in the custody of a local social services agency, or the disclosure to the public of the records or content of any psychiatric, psychological, or therapeutic evaluations, or the disclosure of information that would reveal the identities of persons who provided information related to abuse or neglect of the child. 

(e) A person whose request is denied may apply to the appropriate court for an order compelling disclosure of all or part of the findings and information of the public agency. The application must set forth, with reasonable particularity, factors supporting the application. The court has jurisdiction to issue these orders. Actions under this section must be set down for immediate hearing, and subsequent proceedings in those actions must be given priority by the appellate courts. 

(f) A public agency or its employees acting in good faith in disclosing or declining to disclose information under this section are immune from criminal or civil liability that might otherwise be incurred or imposed for that action. 

Subd. 12.Duties of facility operators. 
Any operator, employee, or volunteer worker at any facility who intentionally neglects, physically abuses, or sexually abuses any child in the care of that facility may be charged with a violation of section 609.255, 609.377, or 609.378. Any operator of a facility who knowingly permits conditions to exist which result in neglect, physical abuse, sexual abuse, or maltreatment of a child in a facility while in the care of that facility may be charged with a violation of section 609.378. The facility operator shall inform all mandated reporters employed by or otherwise associated with the facility of the duties required of mandated reporters and shall inform all mandatory reporters of the prohibition against retaliation for reports made in good faith under this section. 

Subd. 14.Conflict of interest. 
(a) A potential conflict of interest related to assisting in an assessment under this section resulting in a direct or shared financial interest with a child abuse and neglect treatment provider or resulting from a personal or family relationship with a party in the investigation must be considered by the local welfare agency in an effort to prevent unethical relationships. 

(b) A person who conducts an assessment under this section or section 626.5561 may not have: 

(1) any direct or shared financial interest or referral relationship resulting in a direct shared financial gain with a child abuse and neglect treatment provider; or 

(2) a personal or family relationship with a party in the investigation. 

If an independent assessor is not available, the person responsible for making the determination under this section may use the services of an assessor with a financial interest, referral, or personal or family relationship. 

Subd. 15.Auditing. 
The commissioner of human services shall regularly audit for accuracy the data reported by counties on maltreatment of minors. 

Subd. 16.Commissioner's duty to provide oversight; quality assurance reviews; annual summary of reviews. 
(a) The commissioner shall develop a plan to perform quality assurance reviews of local welfare agency screening practices and decisions. The commissioner shall provide oversight and guidance to counties to ensure consistent application of screening guidelines, thorough and appropriate screening decisions, and correct documentation and maintenance of reports. Quality assurance reviews must begin no later than September 30, 2015. 

(b) The commissioner shall produce an annual report of the summary results of the reviews. The report must only contain aggregate data and may not include any data that could be used to personally identify any subject whose data is included in the report. The report is public information and must be provided to the chairs and ranking minority members of the legislative committees having jurisdiction over child protection issues.