reglab/housing_qa huggingface dataset:
MN Stat § 260E.07 (2021)
2021 Minnesota Statutes|Chapters 245 - 267 — Public Welfare And Related Activities|Chapter 260E — Reporting Of Maltreatment Of Minors|Section 260E.07 — Retaliation Prohibited.

260E.07 RETALIATION PROHIBITED. (a) An employer of any person required to make reports under section 260E.06, subdivision 1, or 260E.11, subdivision 1, shall not retaliate against the person for reporting in good faith maltreatment pursuant to this chapter 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 section 260E.06, subdivision 1, or 260E.11, subdivision 1, who retaliates against the person because of a report of maltreatment is liable to that person for actual damages and, in addition, a penalty of 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 section 260E.06, subdivision 1, or 260E.11, subdivision 1, 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. History:   1Sp2020 c 2 art 7 s 7
MN Stat § 260E.08 (2021)
2021 Minnesota Statutes|Chapters 245 - 267 — Public Welfare And Related Activities|Chapter 260E — Reporting Of Maltreatment Of Minors|Section 260E.08 — Criminal Penalties For Failure To Report; Civil Penalty For Making False Report.

260E.08 CRIMINAL PENALTIES FOR FAILURE TO REPORT; CIVIL PENALTY FOR MAKING FALSE REPORT. (a) A person mandated by section 260E.06, subdivision 1, to report who knows or has reason to believe that a child is maltreated, as defined in section 260E.03, or has been maltreated within the preceding three years, and fails to report is guilty of a misdemeanor. (b) A person mandated by section 260E.06, subdivision 1, to report who knows or has reason to believe that two or more children not related to the offender have been maltreated, as defined in section 260E.03, by the same offender 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 section 260E.06, subdivision 3, 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 chapter. (d) Any person who knowingly or recklessly makes a false report under the provisions of this chapter 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. History:   1Sp2020 c 2 art 7 s 8
MN Stat § 260E.09 (2021)
2021 Minnesota Statutes|Chapters 245 - 267 — Public Welfare And Related Activities|Chapter 260E — Reporting Of Maltreatment Of Minors|Section 260E.09 — Reporting Requirements.

260E.09 REPORTING REQUIREMENTS. (a) An oral report shall be made immediately by telephone or otherwise. An oral report made by a person required under section 260E.06, subdivision 1, 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) Any report shall be of sufficient content to identify the child, any person believed to be responsible for the maltreatment of the child if the person is known, the nature and extent of the maltreatment, 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 section 260E.06 notwithstanding refusal by a reporter to provide the reporter's name or address as long as the report is otherwise sufficient under this paragraph. History:   1Sp2020 c 2 art 7 s 9
MN Stat § 260E.10 (2021)
2021 Minnesota Statutes|Chapters 245 - 267 — Public Welfare And Related Activities|Chapter 260E — Reporting Of Maltreatment Of Minors|Section 260E.10 — Notification To Reporters.

260E.10 NOTIFICATION TO REPORTERS. Subdivision 1. Screening notification. If 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 chapter, the agency shall advise the reporter that the report was screened out. Subd. 2. Final notification. 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. History:   1Sp2020 c 2 art 7 s 10
MN Stat § 260E.11 (2021)
2021 Minnesota Statutes|Chapters 245 - 267 — Public Welfare And Related Activities|Chapter 260E — Reporting Of Maltreatment Of Minors|Section 260E.11 — Agency Designated To Receive Reports.

260E.11 AGENCY DESIGNATED TO RECEIVE REPORTS. Subdivision 1. Reports of maltreatment in facility. A person mandated to report child maltreatment 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, and 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. Subd. 2. Reporting deprivation of parental rights or kidnapping to law enforcement. A person mandated to report under section 260E.06, subdivision 1, 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. Subd. 3. Report to medical examiner or coroner; notification to local agency and law enforcement; report ombudsman. (a) A person mandated to report maltreatment who knows or has reason to believe a child has died as a result of maltreatment shall report that information to the appropriate medical examiner or coroner instead of the local welfare agency, police department, or county sheriff. (b) The medical examiner or coroner shall notify the local welfare agency, police department, or county sheriff in instances in which the medical examiner or coroner believes that the child has died as a result of maltreatment. 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. (c) If the child was receiving services or treatment for mental illness, developmental disability, 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. History:   1Sp2020 c 2 art 7 s 11
MN Stat § 260E.13 (2021)
2021 Minnesota Statutes|Chapters 245 - 267 — Public Welfare And Related Activities|Chapter 260E — Reporting Of Maltreatment Of Minors|Section 260E.13 — Report To Ombudsman.

260E.13 REPORT TO OMBUDSMAN. When a local welfare 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 maltreatment at an agency, facility, or program, as defined in section 245.91, the local welfare agency shall, in addition to its other duties under this chapter, 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 who is a client, as defined in section 245.91, that maltreatment occurred at a school as defined in section 120A.05, subdivisions 9, 11, and 13, and chapter 124E. History:   1Sp2020 c 2 art 7 s 13
MN Stat § 260E.15 (2021)
2021 Minnesota Statutes|Chapters 245 - 267 — Public Welfare And Related Activities|Chapter 260E — Reporting Of Maltreatment Of Minors|Section 260E.15 — Screening Guidelines.

260E.15 SCREENING GUIDELINES. (a) Child protection staff, supervisors, and others involved in child protection screening shall follow the guidance provided in the maltreatment screening guidelines issued by the commissioner and, when notified by the commissioner, shall immediately implement updated procedures and protocols. (b) Any modification to the screening guidelines must be preapproved by the commissioner 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 protection 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 a screening determination. History:   1Sp2020 c 2 art 7 s 15
MN Stat § 260E.16 (2021)
2021 Minnesota Statutes|Chapters 245 - 267 — Public Welfare And Related Activities|Chapter 260E — Reporting Of Maltreatment Of Minors|Section 260E.16 — Timeline For Screening.

260E.16 TIMELINE FOR SCREENING. (a) 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. (b) 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 section 260E.35, subdivision 4, paragraph (b). History:   1Sp2020 c 2 art 7 s 16
MN Stat § 260E.17 (2021)
2021 Minnesota Statutes|Chapters 245 - 267 — Public Welfare And Related Activities|Chapter 260E — Reporting Of Maltreatment Of Minors|Section 260E.17 — Response Path Assignment.

260E.17 RESPONSE PATH ASSIGNMENT. Subdivision 1. Local welfare agency. (a) 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 maltreatment. (b) The local welfare agency shall conduct an investigation when the report involves sexual abuse or substantial child endangerment. (c) The local welfare agency shall begin an immediate investigation if, at any time when the local welfare agency is using a family assessment response, the local welfare agency determines that there is reason to believe that sexual abuse or substantial child endangerment or a serious threat to the child's safety exists. (d) The local welfare agency 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. (e) The local welfare agency 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. Subd. 2. Responsible social service agency. The responsible agency shall conduct an investigation when the report alleges maltreatment in a facility required to be licensed or certified under chapter 144H, 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. History:   1Sp2020 c 2 art 7 s 17
MN Stat § 260E.18 (2021)
2021 Minnesota Statutes|Chapters 245 - 267 — Public Welfare And Related Activities|Chapter 260E — Reporting Of Maltreatment Of Minors|Section 260E.18 — Notice To Child's Tribe.

260E.18 NOTICE TO CHILD'S TRIBE. The local welfare agency 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 section, "immediate notice" means notice provided within 24 hours. History:   1Sp2020 c 2 art 7 s 18
MN Stat § 260E.19 (2021)
2021 Minnesota Statutes|Chapters 245 - 267 — Public Welfare And Related Activities|Chapter 260E — Reporting Of Maltreatment Of Minors|Section 260E.19 — Conflict Of Interest.

260E.19 CONFLICT OF INTEREST. (a) A potential conflict of interest related to assisting in an investigation or assessment under this chapter resulting in a direct or shared financial interest with a child maltreatment 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 investigation or assessment under this chapter may not have: (1) any direct or shared financial interest or referral relationship resulting in a direct shared financial gain with a child maltreatment treatment provider; or (2) a personal or family relationship with a party in the assessment or investigation. (c) If an independent assessor is not available, the person responsible for making the determination under this chapter may use the services of an assessor with a financial interest, referral, or personal or family relationship. History:   1Sp2020 c 2 art 7 s 19
MN Stat § 260E.21 (2021)
2021 Minnesota Statutes|Chapters 245 - 267 — Public Welfare And Related Activities|Chapter 260E — Reporting Of Maltreatment Of Minors|Section 260E.21 — Screened Out Reports.

260E.21 SCREENED OUT REPORTS. Subdivision 1. Records. A report that is screened out must be maintained according to section 260E.35, subdivision 6, paragraph (b). Subd. 2. Offer of social services. 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. History:   1Sp2020 c 2 art 7 s 21
MN Stat § 260E.23 (2021)
2021 Minnesota Statutes|Chapters 245 - 267 — Public Welfare And Related Activities|Chapter 260E — Reporting Of Maltreatment Of Minors|Section 260E.23 — Documenting Interviews With Child Maltreatment Victims.

260E.23 DOCUMENTING INTERVIEWS WITH CHILD MALTREATMENT VICTIMS. Subdivision 1. Policy. It is the policy of this state to encourage adequate and accurate documentation of the number and content of interviews conducted with alleged child maltreatment victims during the course of a child maltreatment assessment or investigation, criminal investigation, or prosecution, and to discourage interviews that are unnecessary, duplicative, or otherwise not in the best interests of the child. Subd. 2. Definitions. As used in this section: (1) "government employee" means an employee of a state or local agency, and any person acting as an agent of a state or local agency; (2) "interview" means a statement of an alleged maltreatment victim which is given or made to a government employee during the course of a maltreatment assessment or investigation, criminal investigation, or prosecution; and (3) "record" means an audio or video recording of an interview, or a written record of an interview. Subd. 3. Record required. Whenever an interview is conducted, the interviewer must make a record of the interview. The record must contain the following information: (1) the date, time, place, and duration of the interview; (2) the identity of the persons present at the interview; and (3) if the record is in writing, a summary of the information obtained during the interview. Subd. 4. Records maintained. The records shall be maintained by the interviewer in accordance with applicable provisions of section 260E.35 and chapter 13. Subd. 5. Guidelines on tape recording of interviews. Every county attorney's office shall be responsible for developing written guidelines on the tape recording of interviews by government employees who conduct child maltreatment assessments or investigations, criminal investigations, or prosecutions. The guidelines are public data as defined in section 13.02, subdivision 14. History:   1Sp2020 c 2 art 7 s 23
MN Stat § 260E.25 (2021)
2021 Minnesota Statutes|Chapters 245 - 267 — Public Welfare And Related Activities|Chapter 260E — Reporting Of Maltreatment Of Minors|Section 260E.25 — Provision Of Medical Care.

260E.25 PROVISION OF MEDICAL CARE. (a) If lack of medical care due to a parent's, guardian's, or caretaker's good faith selection and dependence upon spiritual means or prayer for treatment or care of disease or remedial care for the child in lieu 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. (b) If the review or examination required under section 260E.20, subdivision 4, 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. History:   1Sp2020 c 2 art 7 s 25
MN Stat § 260E.26 (2021)
2021 Minnesota Statutes|Chapters 245 - 267 — Public Welfare And Related Activities|Chapter 260E — Reporting Of Maltreatment Of Minors|Section 260E.26 — Provision Of Child Protective Services.

260E.26 PROVISION OF CHILD PROTECTIVE SERVICES. 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. History:   1Sp2020 c 2 art 7 s 26
MN Stat § 260E.27 (2021)
2021 Minnesota Statutes|Chapters 245 - 267 — Public Welfare And Related Activities|Chapter 260E — Reporting Of Maltreatment Of Minors|Section 260E.27 — Consultation With The County Attorney.

260E.27 CONSULTATION WITH THE COUNTY ATTORNEY. 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. History:   1Sp2020 c 2 art 7 s 27
MN Stat § 260E.32 (2021)
2021 Minnesota Statutes|Chapters 245 - 267 — Public Welfare And Related Activities|Chapter 260E — Reporting Of Maltreatment Of Minors|Section 260E.32 — Toxicology Tests Required.

260E.32 TOXICOLOGY TESTS REQUIRED. Subdivision 1. Test; report. (a) A physician shall administer a toxicology test to a pregnant woman under the physician's care or to a woman under the physician's care within eight hours after delivery to determine whether there is evidence that she has ingested a controlled substance if the woman has obstetrical complications that are a medical indication of possible use of a controlled substance for a nonmedical purpose. (b) If the test results are positive, the physician shall report the results under section 260E.31. A negative test result does not eliminate the obligation to report under section 260E.31 if other evidence gives the physician reason to believe the patient has used a controlled substance for a nonmedical purpose. Subd. 2. Newborns. (a) A physician shall administer to each newborn infant born under the physician's care a toxicology test to determine whether there is evidence of prenatal exposure to a controlled substance if the physician has reason to believe, based on a medical assessment of the mother or the infant, that the mother used a controlled substance for a nonmedical purpose during pregnancy. (b) If the test results are positive, the physician shall report the results as neglect under section 260E.03. A negative test result does not eliminate the obligation to report under this chapter if other medical evidence of prenatal exposure to a controlled substance is present. Subd. 3. Report to Department of Health. Physicians shall report to the Department of Health the results of tests performed under subdivisions 1 and 2. A report shall be made on the certificate of live birth medical supplement or the report of fetal death medical supplement filed on or after February 1, 1991. The reports are medical data under section 13.384. Subd. 4. Reliability of tests. A positive test result reported under this section must be obtained from a confirmatory test performed by a drug testing laboratory that meets the requirements of section 181.953 and must be performed according to the requirements for performance of confirmatory tests imposed by the licensing, accreditation, or certification program listed in section 181.953, subdivision 1, in which the laboratory participates. History:   1Sp2020 c 2 art 7 s 32