2007 Minnesota Statutes

626.558 MULTIDISCIPLINARY CHILD PROTECTION TEAM.
    Subdivision 1. Establishment of team. A county shall establish a multidisciplinary child
protection team that may include, but not be limited to, the director of the local welfare agency
or designees, the county attorney or designees, the county sheriff or designees, representatives
of health and education, representatives of mental health or other appropriate human service or
community-based agencies, and parent groups. As used in this section, a "community-based
agency" may include, but is not limited to, schools, social service agencies, family service and
mental health collaboratives, early childhood and family education programs, Head Start, or other
agencies serving children and families. A member of the team must be designated as the lead
person of the team responsible for the planning process to develop standards for its activities with
battered women's and domestic abuse programs and services.
    Subd. 2. Duties of team. A multidisciplinary child protection team may provide public and
professional education, develop resources for prevention, intervention, and treatment, and provide
case consultation to the local welfare agency or other interested community-based agencies.
The community-based agencies may request case consultation from the multidisciplinary child
protection team regarding a child or family for whom the community-based agency is providing
services. As used in this section, "case consultation" means a case review process in which
recommendations are made concerning services to be provided to the identified children and
family. Case consultation may be performed by a committee or subcommittee of members
representing human services, including mental health and chemical dependency; law enforcement,
including probation and parole; the county attorney; health care; education; community-based
agencies and other necessary agencies; and persons directly involved in an individual case as
designated by other members performing case consultation.
    Subd. 2a. Juvenile prostitution outreach program. A multidisciplinary child protection
team may assist the local welfare agency, local law enforcement agency, or an appropriate private
organization in developing a program of outreach services for juveniles who are engaging
in prostitution. For the purposes of this subdivision, at least one representative of a youth
intervention program or, where this type of program is unavailable, one representative of a
nonprofit agency serving youth in crisis, shall be appointed to and serve on the multidisciplinary
child protection team in addition to the standing members of the team. These services may
include counseling, medical care, short-term shelter, alternative living arrangements, and drop-in
centers. The county may finance these services by means of the penalty assessment authorized by
section 609.3241. A juvenile's receipt of intervention services under this subdivision may not be
conditioned upon the juvenile providing any evidence or testimony.
    Subd. 3. Information sharing. (a) The local welfare agency may make available to the case
consultation committee or subcommittee, all records collected and maintained by the agency
under section 626.556 and in connection with case consultation. A case consultation committee or
subcommittee member may share information acquired in the member's professional capacity
with the committee or subcommittee to assist in case consultation.
(b) Case consultation committee or subcommittee members must annually sign a data
sharing agreement, approved by the commissioner of human services, assuring compliance with
chapter 13. Not public data, as defined by section 13.02, subdivision 8a, may be shared with
members appointed to the committee or subcommittee in connection with an individual case when
the members have signed the data sharing agreement.
(c) All data acquired by the case consultation committee or subcommittee in exercising case
consultation duties, are confidential as defined in section 13.02, subdivision 3, and shall not be
disclosed except to the extent necessary to perform case consultation, and shall not be subject
to subpoena or discovery.
(d) No members of a case consultation committee or subcommittee meeting shall disclose
what transpired at a case consultation meeting, except to the extent necessary to carry out the case
consultation plan. The proceedings and records of the case consultation meeting are not subject
to discovery, and may not be introduced into evidence in any civil or criminal action against a
professional or local welfare agency arising out of the matter or matters which are the subject of
consideration of the case consultation meeting. Information, documents, or records otherwise
available from original sources are not immune from discovery or use in any civil or criminal
action merely because they were presented during a case consultation meeting. Any person who
presented information before the consultation committee or subcommittee or who is a member
shall not be prevented from testifying as to matters within the person's knowledge. However, in a
civil or criminal proceeding a person shall not be questioned about the person's presentation of
information before the case consultation committee or subcommittee or about opinions formed
as a result of the case consultation meetings.
A person who violates this subdivision is subject to the civil remedies and penalties provided
under chapter 13.
History: 1981 c 150 s 1; 1986 c 444; 1986 c 448 s 8; 1987 c 135 s 4-6; 1989 c 282 art 2 s
202; 1990 c 542 s 34; 1997 c 203 art 5 s 31,32; 1999 c 245 art 8 s 80; 2000 c 445 art 2 s 27