reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260D — Child In Voluntary Foster Care For Treatment › Section 260D.04 — Required Information For A Child In Voluntary Foster Care For Treatment.

260D.04 REQUIRED INFORMATION FOR A CHILD IN VOLUNTARY FOSTER CARE FOR TREATMENT.
An agency with authority to place a child in voluntary foster care for treatment due to emotional disturbance or developmental disability or related condition, shall inform the child, age 12 or older, of the following:
(1) the child has the right to be consulted in the preparation of the out-of-home placement plan required under section 260C.212, subdivision 1, and the administrative review required under section 260C.203;
(2) the child has the right to visit the parent and the right to visit the child's siblings as determined safe and appropriate by the parent and the agency;
(3) if the child disagrees with the foster care facility or services provided under the out-of-home placement plan required under section 260C.212, subdivision 1, the agency shall include information about the nature of the child's disagreement and, to the extent possible, the agency's understanding of the basis of the child's disagreement in the information provided to the court in the report required under section 260D.06; and
(4) the child has the rights established under Minnesota Rules, part 2960.0050, as a resident of a facility licensed by the state.
History:
2008 c 361 art 6 s 47; 2012 c 216 art 6 s 13
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260D — Child In Voluntary Foster Care For Treatment › Section 260D.05 — Administrative Review Of Child In Voluntary Foster Care For Treatment.

260D.05 ADMINISTRATIVE REVIEW OF CHILD IN VOLUNTARY FOSTER CARE FOR TREATMENT.
The administrative reviews required under section 260C.203 must be conducted for a child in voluntary foster care for treatment, except that the initial administrative review must take place prior to the submission of the report to the court required under section 260D.06, subdivision 2. When a child is placed in a qualified residential treatment program as defined in section 260C.007, subdivision 26d, the responsible social services agency must submit evidence to the court as specified in section 260C.712.
History:
2008 c 361 art 6 s 48; 2012 c 216 art 6 s 13; 2021 c 30 art 10 s 50
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260D — Child In Voluntary Foster Care For Treatment › Section 260D.08 — Annual Review.

260D.08 ANNUAL REVIEW.
(a) After the court conducts a permanency review hearing under section 260D.07, the matter must be returned to the court for further review of the responsible social services reasonable efforts to finalize the permanent plan for the child and the child's foster care placement at least every 12 months while the child is in foster care. The court shall give notice to the parent and child, age 12 or older, and the foster parents of the continued review requirements under this section at the permanency review hearing.
(b) Every 12 months, the court shall determine whether the agency made reasonable efforts to finalize the permanency plan for the child, which means the exercise of due diligence by the agency to:
(1) ensure that the agreement for voluntary foster care is the most appropriate legal arrangement to meet the child's safety, health, and best interests and to conduct a genuine examination of whether there is another permanency disposition order under chapter 260C, including returning the child home, that would better serve the child's need for a stable and permanent home;
(2) engage and support the parent in continued involvement in planning and decision making for the needs of the child;
(3) strengthen the child's ties to the parent, relatives, and community;
(4) implement the out-of-home placement plan required under section 260C.212, subdivision 1, and ensure that the plan requires the provision of appropriate services to address the physical health, mental health, and educational needs of the child;
(5) submit evidence to the court as specified in section 260C.712 when a child is placed in a qualified residential treatment program setting as defined in section 260C.007, subdivision 26d; and
(6) ensure appropriate planning for the child's safe, permanent, and independent living arrangement after the child's 18th birthday.
History:
2008 c 361 art 6 s 51; 2012 c 216 art 6 s 5; 2021 c 30 art 10 s 53
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260D — Child In Voluntary Foster Care For Treatment › Section 260D.09 — Permanency Review After Adjudication Under Chapter 260c.

260D.09 PERMANENCY REVIEW AFTER ADJUDICATION UNDER CHAPTER 260C.
(a) If a child has been ordered into foster care under section 260C.178 or 260C.201, subdivision 1, and the conditions that led to the court's order have been corrected so that the child could safely return home except for the child's need to continue in foster care for treatment due to the child's disability, the child's parent and the agency may enter into a voluntary foster care agreement under this chapter using the procedure set out in paragraph (b).
(b) When the agency and the parent agree to enter into a voluntary foster care agreement under this chapter, the agency must file a motion to terminate jurisdiction under section 260C.193, subdivision 6, and to dismiss the order for foster care under section 260C.178 or 260C.201, subdivision 1, together with the petition required under section 260D.07, paragraph (b), for permanency review and the court's approval of the voluntary arrangement.
(c) The court shall send the motion and the petition filed under subdivision 2 together with a notice of hearing by mail as required in section 260D.07, paragraph (e).
(d) The petition and motion under this section must be filed no later than the time the agency is required to file a petition for permanent placement under section 260C.505 but may be filed as soon as the agency and the parent agree that the child should remain in foster care under a voluntary foster care agreement, because the child needs treatment and voluntary foster care is in the child's best interest.
(e) In order for the agency to have continuous legal authority to place the child, the parent and the agency must execute a voluntary foster care agreement for the child's continuation in foster care for treatment prior to the termination of the order for foster care under section 260C.178 or 260C.201, subdivision 1. The parent and agency may execute the voluntary foster care agreement at or before the permanency review hearing required under this section. The voluntary foster care agreement shall not be effective until the court terminates jurisdiction under section 260C.193, subdivision 6, and dismisses the order for foster care under section 260C.178 or 260C.201, subdivision 1. Unless the agency and the parent execute a voluntary placement agreement for the child to continue in voluntary foster care for treatment, the agency shall not have legal authority to place the child after the court terminates jurisdiction under chapter 260C.
History:
2008 c 361 art 6 s 52; 2012 c 216 art 6 s 13
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260D — Child In Voluntary Foster Care For Treatment › Section 260D.10 — Termination Of Voluntary Placement Agreement.

260D.10 TERMINATION OF VOLUNTARY PLACEMENT AGREEMENT.
(a) The child's parent may terminate a voluntary placement agreement under this chapter upon written notice to the agency of the termination of the agreement. The termination of a voluntary foster care agreement regarding an Indian child shall be governed by section 260.765, subdivision 4.
(b) The agency may terminate a voluntary placement agreement under this section upon written notice of the termination of the agreement to the parent. Prior to sending notice of termination of the voluntary foster care placement agreement, the agency shall contact the parent regarding transition planning under paragraph (e). Written notice by the agency shall be considered received by the parent three business days after mailing by the agency.
(c) Upon receipt of notice of the termination of the voluntary foster care agreement, the agency, the parent, and the facility may agree to a time that the child shall return home. The scheduled time to return home shall meet the child's need for safety and reasonable transition. Unless otherwise agreed by the parent and the agency, the child's return home shall not occur sooner than 72 hours and not later than 30 days after written notice of termination is received or sent by the agency.
(d) A parent who disagrees with the termination of a voluntary foster care agreement by the agency under this chapter has the right to a fair hearing under section 256.045 to appeal the termination of the voluntary foster care agreement. When the agency gives written notice to the parent of the termination of the agreement, the agency must also give the parent notice of the parent's right to a fair hearing under section 256.045 to appeal the agency's decision to terminate the voluntary foster care agreement.
(e) The agency and the child's parents shall engage in transition planning for the child's return home, including establishing a scheduled time for the child to return home, an increased visitation plan between the parent and child, and a plan for what services will be provided and in place upon the child's return home.
(f) Notice of termination of voluntary foster care agreement does not terminate the agreement. The voluntary foster care agreement and the agency's legal authority to place the child are terminated by the child's return home or by court order.
History:
2008 c 361 art 6 s 53
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260D — Child In Voluntary Foster Care For Treatment › Section 260D.11 — Dispositions; Voluntary Foster Care For Treatment.

260D.11 DISPOSITIONS; VOLUNTARY FOSTER CARE FOR TREATMENT.
Upon a petition by a parent or guardian under section 260C.141, subdivision 1, regarding a child in voluntary foster care for treatment under this chapter, the court may find that the child's needs are not being met, in which case the court shall order the social services agency or the parents to take whatever action is necessary and feasible to meet the child's needs, including, when appropriate, the provision by the social services agency of services to the parents which would enable the child to live at home.
History:
1999 c 139 art 3 s 24; art 4 s 2; 1999 c 245 art 8 s 58; 2001 c 178 art 1 s 24; 2005 c 56 s 1; 2005 c 165 art 2 s 5; 2008 c 361 art 6 s 33; 2012 c 216 art 6 s 13
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260D — Child In Voluntary Foster Care For Treatment › Section 260D.12 — Trial Home Visits; Voluntary Foster Care For Treatment.

260D.12 TRIAL HOME VISITS; VOLUNTARY FOSTER CARE FOR TREATMENT.
When a child is in foster care for treatment under this chapter, the child's parent and the responsible social services agency may agree that the child is returned to the care of the parent on a trial home visit. The purpose of the trial home visit is to provide sufficient planning for supports and services to the child and family to meet the child's needs following treatment so that the child can return to and remain in the parent's home. During the period of the trial home visit, the agency has placement and care responsibility for the child. The trial home visit shall not exceed six months and may be terminated by either the parent or the agency within ten days' written notice.
History:
2014 c 291 art 11 s 35
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260D — Child In Voluntary Foster Care For Treatment › Section 260D.14 — Successful Transition To Adulthood For Youth In Voluntary Placement.

260D.14 SUCCESSFUL TRANSITION TO ADULTHOOD FOR YOUTH IN VOLUNTARY PLACEMENT.
Subdivision 1.
Case planning.
When a youth is 14 years of age or older, the responsible social services agency shall ensure that a youth in foster care under this chapter is provided with the case plan requirements in section 260C.212, subdivisions 1 and 14.
Subd. 2.
Notification.
The responsible social services agency shall provide a youth with written notice of foster care benefits that a youth who is 18 years of age or older may continue to receive according to section 260C.451, subdivision 1, and of the right to appeal a denial of social services under section 256.045. The notice must be provided to the youth six months before the youth's 18th birthday.
Subd. 3.
Administrative or court reviews.
When a youth is 14 years of age or older, the administrative review or court hearing must include a review of the responsible social services agency's support for the youth's successful transition to adulthood as required in section 260C.452, subdivision 4.
History:
2016 c 189 art 15 s 15; 2021 c 30 art 10 s 54
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260E — Reporting Of Maltreatment Of Minors › Section 260E.01 — Policy.

260E.01 POLICY.
The legislature hereby declares that the public policy of this state is to protect children whose health or welfare may be jeopardized through maltreatment. 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 maltreatment and should engage the protective capacities of families. In furtherance of this public policy, it is the intent of the legislature under this chapter 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, including through the reporting of child maltreatment;
(4) provide protective, family support, and family preservation services when appropriate; and
(5) provide, when necessary, a safe temporary or permanent home environment for maltreated children.
History:
1Sp2020 c 2 art 7 s 1; 2023 c 70 art 14 s 13
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260E — Reporting Of Maltreatment Of Minors › Section 260E.04 — Evidence.

260E.04 EVIDENCE.
No evidence relating to the maltreatment of a child or to any prior incident of maltreatment involving any of the same persons accused of maltreatment shall be excluded in any proceeding arising out of the alleged maltreatment on the grounds of privilege set forth in section 595.02, subdivision 1, paragraph (a), (d), or (g).
History:
1Sp2020 c 2 art 7 s 4
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260E — Reporting Of Maltreatment Of Minors › Section 260E.05 — Cultural Practices.

260E.05 CULTURAL PRACTICES.
A person who conducts an assessment or investigation under this chapter shall take into account accepted child-rearing practices of the culture in which a child participates and accepted teacher discipline practices that are not injurious to the child's health, welfare, and safety.
History:
1Sp2020 c 2 art 7 s 5
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260E — Reporting Of Maltreatment Of Minors › Section 260E.06 — Maltreatment Reporting.

260E.06 MALTREATMENT REPORTING.
Subdivision 1.
Mandatory reporters.
(a) A person who knows or has reason to believe a child is being maltreated, as defined in section 260E.03, or has been maltreated 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) "Practice of social services" for the purposes of this subdivision includes but is not limited to employee assistance counseling and the provision of guardian ad litem and parenting time expeditor services.
Subd. 2.
Voluntary reporters.
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 maltreated.
Subd. 3.
Reporting in cases where selection of spiritual means or prayer for treatment or care may cause serious danger to child's health.
If 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, the parent, guardian, or caretaker or a person mandated to report pursuant to subdivision 1, has a duty to report if a lack of medical care may cause serious danger to the child's health.
Subd. 4.
Licensing board duty to report.
A board or other entity whose licensees perform work within a school facility, upon receiving a complaint of alleged maltreatment, shall report the alleged maltreatment to the commissioner of education.
History:
1Sp2020 c 2 art 7 s 6
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260E — Reporting Of Maltreatment Of Minors › Section 260E.065 — Training For Reporters.

260E.065 TRAINING FOR REPORTERS.
The local welfare agency must offer training to a person required to make a report under section 260E.055 or 260E.06. The training may be offered online or in person and must provide an explanation of the legal obligations of a reporter, consequences for failure to report, and instruction on how to detect and report suspected maltreatment or suspected abuse, as defined under section 260E.055, subdivision 1, paragraph (b). A local welfare agency may fulfill the requirement under this section by directing reporters to trainings offered by the commissioner.
History:
1Sp2021 c 7 art 10 s 2
2023 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
2023 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
2023 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.
(c) Notwithstanding paragraph (a), upon implementation of the provider licensing and reporting hub, an individual who has an account with the provider licensing and reporting hub and is required to report suspected maltreatment at a licensed program under section 260E.06, subdivision 1, may submit a written report in the hub in a manner prescribed by the commissioner and is not required to make an oral report. A report submitted through the provider licensing and reporting hub must be made immediately.
History:
1Sp2020 c 2 art 7 s 9; 2023 c 70 art 8 s 61
2023 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
2023 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, substance use disorder, 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; 2022 c 98 art 4 s 51
2023 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
2023 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
2023 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
2023 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, an investigation, or a noncaregiver sex trafficking assessment 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, except as indicated in paragraph (f), or substantial child endangerment.
(c) The local welfare agency shall begin an immediate investigation at any time when the local welfare agency is responding with a family assessment and the local welfare agency determines that there is reason to believe that sexual abuse, 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, except as indicated in paragraph (f), 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 for 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.
(f) The local welfare agency shall conduct a noncaregiver sex trafficking assessment when a maltreatment report alleges sex trafficking of a child and the alleged offender is a noncaregiver sex trafficker as defined by section 260E.03, subdivision 15a.
(g) During a noncaregiver sex trafficking assessment, the local welfare agency shall initiate an immediate investigation if there is reason to believe that a child's parent, caregiver, or household member allegedly engaged in the act of sex trafficking a child or was alleged to have engaged in any conduct requiring the agency to conduct an investigation.
[See Note.]
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; 2023 c 70 art 14 s 20
NOTE:
The amendment to subdivision 1 by Laws 2023, chapter 70, article 14, section 20, is effective July 1, 2024. Laws 2023, chapter 70, article 14, section 20, the effective date.
2023 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 that the family assessment, investigation, or noncaregiver sex trafficking assessment 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; 2023 c 70 art 14 s 21
NOTE:
The amendment to this section by Laws 2023, chapter 70, article 14, section 21, is effective July 1, 2024. Laws 2023, chapter 70, article 14, section 21, the effective date.
2023 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
2023 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:
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2023 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:
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2023 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:
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2023 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:
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2023 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:
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2023 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:
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2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260E — Reporting Of Maltreatment Of Minors › Section 260E.34 — Immunity.

260E.34 IMMUNITY.
(a) The following persons are immune from any civil or criminal liability that otherwise might result from the person's actions if the person is acting in good faith:
(1) a person making a voluntary or mandated report under this chapter or assisting in an assessment under this chapter;
(2) a 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 sections 260E.23, subdivisions 2 and 3, and 260E.30; and
(3) a public or private school, facility as defined in section 260E.03, 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 this chapter.
(b) A person who is a supervisor or person with responsibility for performing duties under this chapter employed by a local welfare agency, the commissioner of human services, or the commissioner of education complying with this chapter 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 section 260E.20, subdivision 3.
(c) Any physician or other medical personnel administering a toxicology test under section 260E.32 to determine the presence of a controlled substance in a pregnant woman, in a woman within eight hours after delivery, or in a child at birth or during the first month of life is immune from civil or criminal liability arising from administration of the test if the physician ordering the test believes in good faith that the test is required under this section and the test is administered in accordance with an established protocol and reasonable medical practice.
(d) This section does not provide immunity to any person for failure to make a required report or for committing maltreatment.
(e) If a person who makes a voluntary or mandatory report under section 260E.06 prevails in a civil action from which the person has been granted immunity under this section, the court may award the person attorney fees and costs.
History:
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2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260E — Reporting Of Maltreatment Of Minors › Section 260E.37 — Child Protection Workers; Training.

260E.37 CHILD PROTECTION WORKERS; TRAINING.
Subdivision 1.
Definitions.
(a) As used in this section, the following terms have the meanings given unless the specific context indicates otherwise.
(b) "Advanced training" means training provided to a local child protection worker after the person has performed an initial six months of employment as a child protection worker.
(c) "Child protection agency" means an agency authorized to receive reports, conduct assessments and investigations, and make determinations pursuant to this chapter.
(d) "Child protection services" means the receipt and assessment of reports of maltreatment and the provision of services to families and children when maltreatment has occurred or when there is risk of maltreatment. These services include:
(1) the assessment of risk to a child alleged to have been maltreated;
(2) interviews of any person alleged to have maltreated a child and the child or children involved in the report, and interviews with persons having facts or knowledge necessary to assess the level of risk to a child and the need for protective intervention;
(3) the gathering of written or evidentiary materials;
(4) the recording of case findings and determinations; and
(5) other actions required by this chapter, administrative rule, or agency policy.
(e) "Competency-based training" means a course of instruction that provides both information and skills practice which is based upon clearly stated and measurable instructional objectives and which requires demonstration of the achievement of a particular standard of skills and knowledge for satisfactory completion.
(f) "Foundation training" means training provided to a local child protection worker after the person has begun to perform child protection duties but before the expiration of six months of employment as a child protection worker. This foundation training must occur during the performance of job duties and must include an evaluation of the employee's application of skills and knowledge.
Subd. 2.
Training program; development.
The commissioner of human services shall develop a program of competency-based foundation and advanced training for child protection workers if funds are appropriated to the commissioner for this purpose.
History:
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