1.1 	A bill for an act
1.2 	relating to child protection; clarifying investigative and reporting responsibilities 
1.3 	under the child maltreatment reporting act;amending Minnesota Statutes 2004, 
1.4 	section 626.556, subdivisions 3b, 3c; Minnesota Statutes 2005 Supplement, 
1.5 	section 626.556, subdivisions 2, 3.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2005 Supplement, section 626.556, subdivision 2, 
1.8 	is amended to read:
1.9 		Subd. 2.Definitions. As used in this section, the following terms have the meanings 
1.10 	given them unless the specific content indicates otherwise:
1.11 	(a) "Family assessment" means a comprehensive assessment of child safety, risk 
1.12 	of subsequent child maltreatment, and family strengths and needs that is applied to a 
1.13 	child maltreatment report that does not allege substantial child endangerment. Family 
1.14 	assessment does not include a determination as to whether child maltreatment occurred 
1.15 	but does determine the need for services to address the safety of family members and the 
1.16 	risk of subsequent maltreatment.
1.17 	(b) "Investigation" means fact gathering related to the current safety of a child 
1.18 	and the risk of subsequent maltreatment that determines whether child maltreatment 
1.19 	occurred and whether child protective services are needed. An investigation must be used 
1.20 	when reports involve substantial child endangerment, and for reports of maltreatment in 
1.21 	facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to 
1.22 	144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and 
1.23 	13, and 124D.10; or in a nonlicensed personal care provider association as defined in 
1.24 	sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.
2.1 	(c) "Substantial child endangerment" means a person responsible for a child's care, a 
2.2 	person who has a significant relationship to the child as defined in section 609.341, or a 
2.3 	person in a position of authority as defined in section 609.341, who by act or omission 
2.4 	commits or attempts to commit an act against a child under their care that constitutes 
2.5 	any of the following:
2.6 	(1) egregious harm as defined in section 260C.007, subdivision 14;
2.7 	(2) sexual abuse as defined in paragraph (d);
2.8 	(3) abandonment under section 260C.301, subdivision 2;
2.9 	(4) neglect as defined in paragraph (f), clause (2), that substantially endangers the 
2.10 	child's physical or mental health, including a growth delay, which may be referred to as 
2.11 	failure to thrive, that has been diagnosed by a physician and is due to parental neglect;
2.12 	(5) murder in the first, second, or third degree under section 609.185, 609.19, or 
2.13 	609.195;
2.14 	(6) manslaughter in the first or second degree under section 609.20 or 609.205;
2.15 	(7) assault in the first, second, or third degree under section 609.221, 609.222, or 
2.16 	609.223;
2.17 	(8) solicitation, inducement, and promotion of prostitution under section 609.322;
2.18 	(9) criminal sexual conduct under sections 609.342 to 609.3451;
2.19 	(10) solicitation of children to engage in sexual conduct under section 609.352;
2.20 	(11) malicious punishment or neglect or endangerment of a child under section 
2.21 	609.377 or 609.378;
2.22 	(12) use of a minor in sexual performance under section 617.246; or
2.23 	(13) parental behavior, status, or condition which mandates that the county attorney 
2.24 	file a termination of parental rights petition under section 260C.301, subdivision 3, 
2.25 	paragraph (a).
2.26 	(d) "Sexual abuse" means the subjection of a child by a person responsible for the 
2.27 	child's care, by a person who has a significant relationship to the child, as defined in 
2.28 	section 609.341, or by a person in a position of authority, as defined in section 609.341, 
2.29 	subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual 
2.30 	conduct in the first degree), 609.343 (criminal sexual conduct in the second degree), 
2.31 	609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct 
2.32 	in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual 
2.33 	abuse also includes any act which involves a minor which constitutes a violation of 
2.34 	prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes 
2.35 	threatened sexual abuse.
3.1 	(e) "Person responsible for the child's care" means (1) an individual functioning 
3.2 	within the family unit and having responsibilities for the care of the child such as a 
3.3 	parent, guardian, or other person having similar care responsibilities, or (2) an individual 
3.4 	functioning outside the family unit and having responsibilities for the care of the child 
3.5 	such as a teacher, school administrator, other school employees or agents, or other lawful 
3.6 	custodian of a child having either full-time or short-term care responsibilities including, 
3.7 	but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching, 
3.8 	and coaching.
3.9 	(f) "Neglect" means:
3.10 	(1) failure by a person responsible for a child's care to supply a child with necessary 
3.11 	food, clothing, shelter, health, medical, or other care required for the child's physical or 
3.12 	mental health when reasonably able to do so;
3.13 	(2) failure to protect a child from conditions or actions that seriously endanger the 
3.14 	child's physical or mental health when reasonably able to do so, including a growth delay, 
3.15 	which may be referred to as a failure to thrive, that has been diagnosed by a physician and 
3.16 	is due to parental neglect;
3.17 	(3) failure to provide for necessary supervision or child care arrangements 
3.18 	appropriate for a child after considering factors as the child's age, mental ability, physical 
3.19 	condition, length of absence, or environment, when the child is unable to care for the 
3.20 	child's own basic needs or safety, or the basic needs or safety of another child in their care;
3.21 	(4) failure to ensure that the child is educated as defined in sections 120A.22 and 
3.22 	260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's 
3.23 	child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;
3.24 	(5) nothing in this section shall be construed to mean that a child is neglected solely 
3.25 	because the child's parent, guardian, or other person responsible for the child's care in 
3.26 	good faith selects and depends upon spiritual means or prayer for treatment or care of 
3.27 	disease or remedial care of the child in lieu of medical care; except that a parent, guardian, 
3.28 	or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report 
3.29 	if a lack of medical care may cause serious danger to the child's health. This section does 
3.30 	not impose upon persons, not otherwise legally responsible for providing a child with 
3.31 	necessary food, clothing, shelter, education, or medical care, a duty to provide that care;
3.32 	(6) prenatal exposure to a controlled substance, as defined in section 253B.02, 
3.33 	subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal 
3.34 	symptoms in the child at birth, results of a toxicology test performed on the mother at 
3.35 	delivery or the child at birth, or medical effects or developmental delays during the child's 
3.36 	first year of life that medically indicate prenatal exposure to a controlled substance;
4.1 	(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);
4.2 	(8) chronic and severe use of alcohol or a controlled substance by a parent or 
4.3 	person responsible for the care of the child that adversely affects the child's basic needs 
4.4 	and safety; or
4.5 	(9) emotional harm from a pattern of behavior which contributes to impaired 
4.6 	emotional functioning of the child which may be demonstrated by a substantial and 
4.7 	observable effect in the child's behavior, emotional response, or cognition that is not 
4.8 	within the normal range for the child's age and stage of development, with due regard to 
4.9 	the child's culture.
4.10 	(g) "Physical abuse" means any physical injury, mental injury, or threatened injury, 
4.11 	inflicted by a person responsible for the child's care on a child other than by accidental 
4.12 	means, or any physical or mental injury that cannot reasonably be explained by the child's 
4.13 	history of injuries, or any aversive or deprivation procedures, or regulated interventions, 
4.14 	that have not been authorized under section 121A.67 or 245.825. Abuse does not include 
4.15 	reasonable and moderate physical discipline of a child administered by a parent or legal 
4.16 	guardian which does not result in an injury. Abuse does not include the use of reasonable 
4.17 	force by a teacher, principal, or school employee as allowed by section 121A.582. Actions 
4.18 	which are not reasonable and moderate include, but are not limited to, any of the following 
4.19 	that are done in anger or without regard to the safety of the child:
4.20 	(1) throwing, kicking, burning, biting, or cutting a child;
4.21 	(2) striking a child with a closed fist;
4.22 	(3) shaking a child under age three;
4.23 	(4) striking or other actions which result in any nonaccidental injury to a child 
4.24 	under 18 months of age;
4.25 	(5) unreasonable interference with a child's breathing;
4.26 	(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;
4.27 	(7) striking a child under age one on the face or head;
4.28 	(8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled 
4.29 	substances which were not prescribed for the child by a practitioner, in order to control 
4.30 	or punish the child; or other substances that substantially affect the child's behavior, 
4.31 	motor coordination, or judgment or that results in sickness or internal injury, or subjects 
4.32 	the child to medical procedures that would be unnecessary if the child were not exposed 
4.33 	to the substances;
4.34 	(9) unreasonable physical confinement or restraint not permitted under section 
4.35 	609.379, including but not limited to tying, caging, or chaining; or
5.1 	(10) in a school facility or school zone, an act by a person responsible for the child's 
5.2 	care that is a violation under section 121A.58.
5.3 	(h) "Report" means any report received by the local welfare agency, police 
5.4 	department, county sheriff, or agency responsible for assessing or investigating 
5.5 	maltreatment pursuant to this section.
5.6 	(i) "Facility" means:
5.7 	(1)  a licensed or unlicensed day care facility, residential facility, agency, hospital, 
5.8 	sanitarium, or other facility or institution required to be licensed under sections 144.50 to 
5.9 	144.58, 241.021, or 245A.01 to 245A.16, or chapter 245B; or
5.10 	(2) a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and 
5.11 	124D.10; or
5.12 	(3)  a nonlicensed personal care provider organization as defined in sections 256B.04, 
5.13 	subdivision 16, and 256B.0625, subdivision 19a; or
5.14 	(4) a school-age care program, Head Start program, early childhood family education 
5.15 	program, school district administered day treatment facility, or other program licensed or 
5.16 	administered by the commissioner of education or human services that provides services 
5.17 	for minors.
5.18 	(j) "Operator" means an operator or agency as defined in section 245A.02.
5.19 	(k) "Commissioner" means the commissioner of human services.
5.20 	(l) "Practice of social services," for the purposes of subdivision 3, includes but is 
5.21 	not limited to employee assistance counseling and the provision of guardian ad litem and 
5.22 	parenting time expeditor services.
5.23 	(m) "Mental injury" means an injury to the psychological capacity or emotional 
5.24 	stability of a child as evidenced by an observable or substantial impairment in the child's 
5.25 	ability to function within a normal range of performance and behavior with due regard to 
5.26 	the child's culture.
5.27 	(n) "Threatened injury" means a statement, overt act, condition, or status that 
5.28 	represents a substantial risk of physical or sexual abuse or mental injury. Threatened 
5.29 	injury includes, but is not limited to, exposing a child to a person responsible for the 
5.30 	child's care, as defined in paragraph (e), clause (1), who has:
5.31 	(1) subjected a child to, or failed to protect a child from, an overt act or condition 
5.32 	that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a 
5.33 	similar law of another jurisdiction;
5.34 	(2) been found to be palpably unfit under section 260C.301, paragraph (b), clause 
5.35 	(4), or a similar law of another jurisdiction;
6.1 	(3) committed an act that has resulted in an involuntary termination of parental rights 
6.2 	under section 260C.301, or a similar law of another jurisdiction; or
6.3 	(4) committed an act that has resulted in the involuntary transfer of permanent legal 
6.4 	and physical custody of a child to a relative under section 260C.201, subdivision 11, 
6.5 	paragraph (d), clause (1), or a similar law of another jurisdiction.
6.6 	(o) Persons who conduct assessments or investigations under this section shall take 
6.7 	into account accepted child-rearing practices of the culture in which a child participates 
6.8 	and accepted teacher discipline practices, which are not injurious to the child's health, 
6.9 	welfare, and safety.

6.10 	Sec. 2. Minnesota Statutes 2005 Supplement, section 626.556, subdivision 3, is 
6.11 	amended to read:
6.12 		Subd. 3.Persons mandated to report. (a) Subject to paragraph (c), a person who 
6.13 	knows or has reason to believe a child is being neglected or physically or sexually abused, 
6.14 	as defined in subdivision 2, or has been neglected or physically or sexually abused within 
6.15 	the preceding three years, shall immediately report the information to the local welfare 
6.16 	agency, agency responsible for assessing or investigating the report, police department, or 
6.17 	the county sheriff if the person is:
6.18 	(1) a professional or professional's delegate who is engaged in the practice of 
6.19 	the healing arts, social services, hospital administration, psychological or psychiatric 
6.20 	treatment, child care, education, correctional supervision, probation and correctional 
6.21 	services, or law enforcement; or
6.22 	(2) employed as a member of the clergy and received the information while 
6.23 	engaged in ministerial duties, provided that a member of the clergy is not required by 
6.24 	this subdivision to report information that is otherwise privileged under section 595.02, 
6.25 	subdivision 1, paragraph (c).
6.26 	The police department or the county sheriff, upon receiving a report, shall 
6.27 	immediately notify the local welfare agency or agency responsible for assessing or 
6.28 	investigating the report, orally and in writing. The local welfare agency, or agency 
6.29 	responsible for assessing or investigating the report, upon receiving a report, shall 
6.30 	immediately notify the local police department or the county sheriff orally and in writing. 
6.31 	The county sheriff and the head of every local welfare agency, agency responsible for 
6.32 	assessing or investigating reports, and police department shall each designate a person 
6.33 	within their agency, department, or office who is responsible for ensuring that the 
6.34 	notification duties of this paragraph and paragraph (b) are carried out. Nothing in this 
6.35 	subdivision shall be construed to require more than one report from any institution, facility, 
7.1 	school, or agency. If the agency receiving a report determines that it is not responsible for 
7.2 	assessing or investigating the report, the agency shall immediately notify the agency it 
7.3 	determines is responsible for assessing or investigating the report under this section.
7.4 	(b) Any person may voluntarily report to the local welfare agency, agency 
7.5 	responsible for assessing or investigating the report, police department, or the county 
7.6 	sheriff if the person knows, has reason to believe, or suspects a child is being or has been 
7.7 	neglected or subjected to physical or sexual abuse. The police department or the county 
7.8 	sheriff, upon receiving a report, shall immediately notify the local welfare agency or 
7.9 	agency responsible for assessing or investigating the report, orally and in writing. The 
7.10 	local welfare agency or agency responsible for assessing or investigating the report, upon 
7.11 	receiving a report, shall immediately notify the local police department or the county 
7.12 	sheriff orally and in writing.
7.13 	(c) A person mandated to report physical or sexual child abuse or neglect occurring 
7.14 	within a licensed facility shall report the information to the agency responsible for 
7.15 	licensing the facility under sections 144.50 to 144.58; 241.021; 245A.01 to 245A.16; or 
7.16 	chapter 245B; or a nonlicensed personal care provider organization as defined in sections 
7.17 	256B.04, subdivision 16; and 256B.0625, subdivision 19 or to the agency responsible for 
7.18 	assessing or investigating the report, if the facility is not licensed. A health or corrections 
7.19 	agency receiving a report may request the local welfare agency to provide assistance 
7.20 	pursuant to subdivisions 10, 10a, and 10b. A board or other entity whose licensees 
7.21 	perform work within a school facility, upon receiving a complaint of alleged maltreatment, 
7.22 	shall provide information about the circumstances of the alleged maltreatment to the 
7.23 	commissioner of education. Section 13.03, subdivision 4, applies to data received by the 
7.24 	commissioner of education from a licensing entity.
7.25 	(d) Any person mandated to report shall receive a summary of the disposition of 
7.26 	any report made by that reporter, including whether the case has been opened for child 
7.27 	protection or other services, or if a referral has been made to a community organization, 
7.28 	unless release would be detrimental to the best interests of the child. Any person who is 
7.29 	not mandated to report shall, upon request to the local welfare agency, receive a concise 
7.30 	summary of the disposition of any report made by that reporter, unless release would be 
7.31 	detrimental to the best interests of the child.
7.32 	(e) For purposes of this subdivision, "immediately" means as soon as possible but in 
7.33 	no event longer than 24 hours.

7.34 	Sec. 3. Minnesota Statutes 2004, section 626.556, subdivision 3b, is amended to read:
8.1 		Subd. 3b.AgencyDepartment of Education responsible for assessing or 
8.2 	investigating reports of maltreatment. The Department of Education is the agency 
8.3 	responsible for assessing or investigating allegations of child maltreatment in schools as 
8.4 	defined in sections  120A.05, subdivisions 9, 11, and 13; 120A.22, subdivision 4, and  
8.5 	124D.10, unless the alleged maltreatment occurred in a program or facility licensed by the 
8.6 	commissioner of human services. "School" includes a facility located in or operated by 
8.7 	a school. 

8.8 	Sec. 4. Minnesota Statutes 2004, section 626.556, subdivision 3c, is amended to read:
8.9 		Subd. 3c.Agency Local welfare agency, Department of Human Services 
8.10 	or Department of Health responsible for assessing or investigating reports of 
8.11 	maltreatment. The following agencies are the administrative agencies responsible for 
8.12 	assessing or investigating reports of alleged child maltreatment in facilities made under 
8.13 	this section:
8.14 	(1)(a) The county local welfare agency is the agency responsible for assessing or 
8.15 	investigating:
8.16 	(1) allegations of maltreatment in child foster care, family child care, and legally 
8.17 	unlicensed child care and in juvenile correctional facilities licensed under section  241.021
8.18 	located in the local welfare agency's county; and
8.19 	(2) other allegations of maltreatment that are not the responsibility of another agency 
8.20 	under this subdivision or subdivision 3b.
8.21 	(2)(b) The Department of Human Services is the agency responsible for assessing 
8.22 	or investigating allegations of maltreatment in facilities licensed under chapters 245A and 
8.23 	245B, except for child foster care and family child care; and.
8.24 	(3)(c) The Department of Health is the agency responsible for assessing or 
8.25 	investigating allegations of child maltreatment in facilities licensed under sections  144.50
8.26 	to  144.58, and in unlicensed home health care.