2002 Minnesota Statutes

     626.5551 Alternative response programs for child 
  protection assessments or investigations. 

    Subdivision 1.    Programs authorized.  (a) A county may 
 establish a program that uses alternative responses to reports 
 of child maltreatment under section 626.556, as provided in this 
 section. 

    (b) The alternative response program is a voluntary program 
 on the part of the family, which may include a family assessment 
 and services approach under which the local welfare agency 
 assesses the risk of abuse and neglect and the service needs of 
 the family and arranges for appropriate services, diversions, 
 referral for services, or other response identified in the plan 
 under subdivision 4. 

    (c) This section may not be used for reports of 
 maltreatment in facilities required to be licensed under 
 sections 144.50 to 144.58; 241.021; 245A.01 to 245A.16; or 
 chapter 245B, or in a school as defined in sections 120A.05, 
 subdivisions 9, 11, and 13; and 124D.10, or in a nonlicensed 
 personal care provider association as defined in sections 
 256B.04, subdivision 16, and 256B.0625, subdivision 19a. 

    Subd. 2.    Use of alternative response or investigation. 
  (a) Upon receipt of a report under section 626.556, the local 
 welfare agency in a county that has established an alternative 
 response program under this section shall determine whether to 
 conduct an investigation using the traditional investigative 
 model under section 626.556 or to use an alternative response as 
 appropriate to prevent or provide a remedy for child 
 maltreatment.  

    (b) The local welfare agency may conduct an investigation 
 of any report using the traditional investigative model under 
 section 626.556.  However, the local welfare agency must use the 
 traditional investigative model under section 626.556 to 
 investigate reports involving substantial child endangerment.  
 For purposes of this subdivision, substantial child endangerment 
 includes when 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) sexual abuse as defined in section 626.556, subdivision 
 2, paragraph (a); 

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

    (4) neglect as defined in section 626.556, subdivision 2, 
 paragraph (c), 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; 

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

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

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

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

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

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

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

    (12) use of minor in sexual performance under section 
 617.246. 

    (c) Nothing in this section gives a county any broader 
 authority to intervene, assess, or investigate a family other 
 than under section 626.556. 

    (d) In addition, in all cases the local welfare agency 
 shall notify the appropriate law enforcement agency as provided 
 in section 626.556, subdivision 3. 

    (e) The local welfare agency shall begin an immediate 
 investigation under section 626.556 if at any time when it is 
 using an alternative response it determines that an 
 investigation is required under paragraph (b) or would otherwise 
 be appropriate.  The local welfare agency may use an alternative 
 response to a report that was initially referred for an 
 investigation if the agency determines that a complete 
 investigation is not required.  In determining that a complete 
 investigation is not required, the local welfare agency must 
 document the reason for terminating the investigation and 
 consult with: 

    (1) the local law enforcement agency, if the local law 
 enforcement is involved, and notify the county attorney of the 
 decision to terminate the investigation; or 

    (2) the county attorney, if the local law enforcement is 
 not involved. 

    Subd. 3.    Documentation.  When a case in which an 
 alternative response was used is closed, the local welfare 
 agency shall document the outcome of the approach, including a 
 description of the response and services provided and the 
 removal or reduction of risk to the child, if it existed.  
 Records maintained under this section must contain the 
 documentation and must be retained for at least four years. 

    Subd. 4.    Plan.  The county community social service 
 plan required under section 256E.09 must address the extent that 
 the county will use the alternative response program authorized 
 under this section, based on the availability of new federal 
 funding that is earned and other available revenue sources to 
 fund the additional cost to the county of using the program.  To 
 the extent the county uses the program, the county must include 
 the program in the community social service plan and in the 
 program evaluation under section 256E.10.  The plan must address 
 alternative responses and services that will be used for the 
 program and protocols for determining the appropriate response 
 to reports under section 626.556 and address how the protocols 
 comply with the guidelines of the commissioner under subdivision 
 5. 

    Subd. 5.    Commissioner of human services to develop 
 guidelines.  The commissioner of human services, in 
 consultation with county representatives, may develop guidelines 
 defining alternative responses and setting out procedures for 
 family assessment and service delivery under this section.  The 
 commissioner may also develop guidelines for counties regarding 
 the provisions of section 626.556 that continue to apply when 
 using an alternative response under this section.  The 
 commissioner may also develop forms, best practice guidelines, 
 and training to assist counties in implementing alternative 
 responses under this section. 

    HIST: 1999 c 139 art 4 s 2; 1999 c 245 art 8 s 65; 2001 c 178 
 art 1 s 44