2000 Minnesota Statutes

     626.5563 Reporting prenatal exposure to alcohol abuse. 

    Subdivision 1.    Definition.  For purposes of this 
 section, "abuse of alcohol" means: 

    (1) the person has required detoxification for alcohol 
 intoxication during the pregnancy; or 

    (2) the person is found to have a possible alcohol problem 
 through the use of a validated alcohol screening test approved 
 by the commissioner of human services. 

    Subd. 2.    Report permitted.  (a) If a person mandated 
 to report under section 626.556, subdivision 3, knows or has 
 reason to believe that a woman is pregnant and has knowingly 
 abused alcohol after she knows of the pregnancy, the person may: 

    (1) arrange for a chemical use assessment conducted 
 according to rules adopted by the commissioner of human services 
 under section 254A.03, subdivision 3, and confirm that the 
 recommendations indicated by the assessment are followed; or 

    (2) immediately report to the local welfare agency or 
 maternal child substance abuse project.  

    (b) If the woman is referred for a chemical use assessment 
 under paragraph (a), clause (1), and fails to obtain an 
 assessment or refuses to comply with the recommendations of the 
 assessment, a report must be made to the local welfare agency or 
 maternal child substance abuse project providing services to the 
 area where the woman resides.  

    (c) Any adult household member may make a voluntary report 
 if the person knows or has reason to believe that a woman in the 
 household is pregnant and has abused alcohol during the 
 pregnancy.  

    (d) A report shall be of sufficient content to identify the 
 pregnant woman, the nature and extent of the abuse of alcohol, 
 any health risk associated with the abuse of alcohol, if known, 
 and the name and address of the reporter. 

    Subd. 3.    Local welfare agency.  (a) A local welfare 
 agency receiving a report under subdivision 2 shall, within five 
 working days, conduct an appropriate assessment and offer 
 services indicated under the circumstances.  The local welfare 
 agency may meet this requirement by referral to a local maternal 
 child substance abuse project.  

    (b) Services offered must include a chemical use assessment 
 conducted according to rules adopted by the commissioner of 
 human services under section 254A.03, subdivision 3.  If the 
 chemical use assessment indicates that the woman is in need of 
 chemical dependency treatment, the local welfare agency must 
 arrange for provision of the indicated level of chemical 
 dependency care.  

    (c) If the woman refuses to comply with the recommendations 
 of the chemical use assessment or is found by a maternal child 
 substance abuse project to be continuing the abuse of alcohol, 
 the noncompliance must be reported to the local welfare agency.  
 The local welfare agency shall report the disposition of all 
 cases of noncompliance to the commissioner of human services. 

    Subd. 4.    Immunity.  A person making a report under 
 subdivision 2 or assisting in an assessment under subdivision 3 
 is immune from civil or criminal liability if the person acted 
 in good faith in making the report.  If a person mandated to 
 report under section 626.556, subdivision 3, does not make a 
 report under subdivision 2, that person is not subject to the 
 penalties of section 626.556, subdivision 6, for failure to 
 report.  No civil, criminal, or administrative proceeding may be 
 instituted against a person for not making a report under 
 subdivision 2. 

    Subd. 5.    Data on reporters.  Data on persons making 
 reports under this section are confidential data on individuals 
 as defined in section 13.02. 

    HIST: 1998 c 361 s 2