1.1 	A bill for an act
1.2 	relating to human services; making final an administrative law judge's order; 
1.3 	setting aside disqualifications; clarifying the definition of child neglect; amending 
1.4 	Minnesota Statutes 2006, sections 245A.08, subdivisions 2a, 4, 5; 245C.22, 
1.5 	subdivision 1; 626.556, subdivisions 2, 11, 11c.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2006, section 245A.08, subdivision 2a, is amended to 
1.8 	read:
1.9 		Subd. 2a.Consolidated contested case hearings. (a) When a denial of a license 
1.10 	under section 245A.05 or a licensing sanction under section 245A.07, subdivision 3, is 
1.11 	based on a disqualification for which reconsideration was requested and which was not 
1.12 	set aside under section 245C.22, the scope of the contested case hearing shall include the 
1.13 	disqualification and the licensing sanction or denial of a license. When the licensing 
1.14 	sanction or denial of a license is based on a determination of maltreatment under section 
1.15 	626.556 or 626.557, or a disqualification for serious or recurring maltreatment which 
1.16 	was not set aside, the scope of the contested case hearing shall include the maltreatment 
1.17 	determination, disqualification, and the licensing sanction or denial of a license. In 
1.18 	such cases, a fair hearing under section 256.045 shall not be conducted as provided 
1.19 	for in sections 626.556, subdivision 10i, and 626.557, subdivision 9d. When a fine 
1.20 	is based on a determination that the license holder is responsible for maltreatment and 
1.21 	the fine is issued at the same time as the maltreatment determination, if the license 
1.22 	holder appeals the maltreatment and fine, the scope of the contested case hearing shall 
1.23 	include the maltreatment determination and fine and reconsideration of the maltreatment 
1.24 	determination shall not be conducted as provided for in sections 626.556, subdivision 
1.25 	10i, and 626.557, subdivision 9d.
2.1 	(b) In consolidated contested case hearings regarding sanctions issued in family child 
2.2 	care, child foster care, family adult day services, and adult foster care, the county attorney 
2.3 	shall defend the commissioner's orders in accordance with section 245A.16, subdivision 4.
2.4 	(c) The commissioner's administrative law judge's final order under subdivision 5
2.5 	4  is the final agency action on the issue of maltreatment and disqualification, including 
2.6 	for purposes of subsequent background studies under chapter 245C and is the only 
2.7 	administrative appeal of the final agency determination, specifically, including a challenge 
2.8 	to the accuracy and completeness of data under section 13.04.
2.9 	(d) When consolidated hearings under this subdivision involve a licensing sanction 
2.10 	based on a previous maltreatment determination for which the commissioner has issued 
2.11 	a final order in an appeal of that determination under section 256.045, or the individual 
2.12 	failed to exercise the right to appeal the previous maltreatment determination under 
2.13 	section 626.556, subdivision 10i, or 626.557, subdivision 9d, the commissioner's order is 
2.14 	conclusive on the issue of maltreatment. In such cases, the scope of the administrative 
2.15 	law judge's review shall be limited to the disqualification and the licensing sanction or 
2.16 	denial of a license. In the case of a denial of a license or a licensing sanction issued to 
2.17 	a facility based on a maltreatment determination regarding an individual who is not the 
2.18 	license holder or a household member, the scope of the administrative law judge's review 
2.19 	includes the maltreatment determination.
2.20 	(e) If a maltreatment determination or disqualification, which was not set aside under 
2.21 	section 245C.22, is the basis for a denial of a license under section 245A.05 or a licensing 
2.22 	sanction under section 245A.07, and the disqualified subject is an individual other than 
2.23 	the license holder and upon whom a background study must be conducted under section 
2.24 	245C.03, the hearings of all parties may be consolidated into a single contested case 
2.25 	hearing upon consent of all parties and the administrative law judge.
2.26 	(f) Notwithstanding section 245C.27, subdivision 1, paragraph (c), when a denial of 
2.27 	a license under section 245A.05 or a licensing sanction under section 245A.07 is based on 
2.28 	a disqualification for which reconsideration was requested and was not set aside under 
2.29 	section 245C.22, and the disqualification was based on a conviction or an admission to 
2.30 	any crimes listed in section 245C.15, the scope of the administrative law judge's review 
2.31 	shall include the denial or sanction and a determination whether the disqualification 
2.32 	should be set aside. In determining whether the disqualification should be set aside, the 
2.33 	administrative law judge shall consider the factors under section 245C.22, subdivision 4, 
2.34 	to determine whether the individual poses a risk of harm to any person receiving services 
2.35 	from the license holder.
3.1 	(g) Notwithstanding section 245C.30, subdivision 5, when a licensing sanction 
3.2 	under section 245A.07 is based on the termination of a variance under section 245C.30, 
3.3 	subdivision 4, the scope of the administrative law judge's review shall include the sanction 
3.4 	and a determination whether the disqualification should be set aside. In determining 
3.5 	whether the disqualification should be set aside, the administrative law judge shall 
3.6 	consider the factors under section 245C.22, subdivision 4, to determine whether the 
3.7 	individual poses a risk of harm to any person receiving services from the license holder.

3.8 	Sec. 2. Minnesota Statutes 2006, section 245A.08, subdivision 4, is amended to read:
3.9 		Subd. 4.Recommendation Order of administrative law judge. The 
3.10 	administrative law judge shall recommend issue an order as to whether or not the 
3.11 	commissioner's order should be affirmed. The recommendations order must be consistent 
3.12 	with this chapter and the rules of the commissioner. The recommendations order must 
3.13 	be in writing and accompanied by findings of fact and conclusions and must be mailed 
3.14 	to the parties by certified mail to their last known addresses as shown on the license or 
3.15 	application. Any order issued according to this subdivision is conclusive upon the parties 
3.16 	unless an appeal is taken in the manner provided in subdivision 5.

3.17 	Sec. 3. Minnesota Statutes 2006, section 245A.08, subdivision 5, is amended to read:
3.18 		Subd. 5.Notice of the commissioner's final order. After considering the 
3.19 	findings of fact, conclusions, and recommendations of the administrative law judge, the 
3.20 	commissioner shall issue a final order. The commissioner shall consider, but shall not be 
3.21 	bound by, the recommendations of the administrative law judge. The appellant must 
3.22 	be notified of the commissioner's administrative law judge's final order as required by 
3.23 	chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The notice must also 
3.24 	contain information about the appellant's rights under chapter 14 and Minnesota Rules, 
3.25 	parts 1400.8505 to 1400.8612. The institution of proceedings for judicial review of the 
3.26 	commissioner's administrative law judge's final order shall not stay the enforcement of the 
3.27 	final order except as provided in section 14.65.

3.28 	Sec. 4. Minnesota Statutes 2006, section 245C.22, subdivision 1, is amended to read:
3.29 		Subdivision 1.Commissioner's time frame for responding to disqualification 
3.30 	reconsideration requests. (a) The commissioner shall respond in writing or by electronic 
3.31 	transmission to all reconsideration requests for which the basis for the request is that 
3.32 	the information the commissioner relied upon to disqualify is incorrect or inaccurate 
3.33 	within 30 working days of receipt of a request and all relevant information. If the 
4.1 	commissioner does not respond to the reconsideration request within 30 working days, 
4.2 	the disqualification is set aside.
4.3 	(b) If the basis for a disqualified individual's reconsideration request is that the 
4.4 	individual does not pose a risk of harm, the commissioner shall respond to the request 
4.5 	within 15 working days after receiving the request for reconsideration and all relevant 
4.6 	information. If the commissioner does not respond to the disqualified individual's 
4.7 	reconsideration request within 15 working days, the disqualification is set aside.
4.8 	(c) If the disqualified individual's reconsideration request is based on both the 
4.9 	correctness or accuracy of the information the commissioner relied upon to disqualify 
4.10 	the individual and the individual's risk of harm, the commissioner shall respond to the 
4.11 	request within 45 working days after receiving the request for reconsideration and all 
4.12 	relevant information. If the commissioner does not respond to the disqualified individual's 
4.13 	reconsideration request within 45 working days, the disqualification is set aside.

4.14 	Sec. 5. Minnesota Statutes 2006, section 626.556, subdivision 2, is amended to read:
4.15 		Subd. 2.Definitions. As used in this section, the following terms have the meanings 
4.16 	given them unless the specific content indicates otherwise:
4.17 	(a) "Family assessment" means a comprehensive assessment of child safety, risk 
4.18 	of subsequent child maltreatment, and family strengths and needs that is applied to a 
4.19 	child maltreatment report that does not allege substantial child endangerment. Family 
4.20 	assessment does not include a determination as to whether child maltreatment occurred 
4.21 	but does determine the need for services to address the safety of family members and the 
4.22 	risk of subsequent maltreatment.
4.23 	(b) "Investigation" means fact gathering related to the current safety of a child 
4.24 	and the risk of subsequent maltreatment that determines whether child maltreatment 
4.25 	occurred and whether child protective services are needed. An investigation must be used 
4.26 	when reports involve substantial child endangerment, and for reports of maltreatment in 
4.27 	facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to 
4.28 	144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and 
4.29 	13, and 124D.10; or in a nonlicensed personal care provider association as defined in 
4.30 	sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.
4.31 	(c) "Substantial child endangerment" means a person responsible for a child's care, a 
4.32 	person who has a significant relationship to the child as defined in section 609.341, or a 
4.33 	person in a position of authority as defined in section 609.341, who by act or omission 
4.34 	commits or attempts to commit an act against a child under their care that constitutes 
4.35 	any of the following:
5.1 	(1) egregious harm as defined in section 260C.007, subdivision 14;
5.2 	(2) sexual abuse as defined in paragraph (d);
5.3 	(3) abandonment under section 260C.301, subdivision 2;
5.4 	(4) neglect as defined in paragraph (f), clause (2), that substantially endangers the 
5.5 	child's physical or mental health, including a growth delay, which may be referred to as 
5.6 	failure to thrive, that has been diagnosed by a physician and is due to parental neglect;
5.7 	(5) murder in the first, second, or third degree under section 609.185, 609.19, or 
5.8 	609.195;
5.9 	(6) manslaughter in the first or second degree under section 609.20 or 609.205;
5.10 	(7) assault in the first, second, or third degree under section 609.221, 609.222, or 
5.11 	609.223;
5.12 	(8) solicitation, inducement, and promotion of prostitution under section 609.322;
5.13 	(9) criminal sexual conduct under sections 609.342 to 609.3451;
5.14 	(10) solicitation of children to engage in sexual conduct under section 609.352;
5.15 	(11) malicious punishment or neglect or endangerment of a child under section 
5.16 	609.377 or 609.378;
5.17 	(12) use of a minor in sexual performance under section 617.246; or
5.18 	(13) parental behavior, status, or condition which mandates that the county attorney 
5.19 	file a termination of parental rights petition under section 260C.301, subdivision 3, 
5.20 	paragraph (a).
5.21 	(d) "Sexual abuse" means the subjection of a child by a person responsible for the 
5.22 	child's care, by a person who has a significant relationship to the child, as defined in 
5.23 	section 609.341, or by a person in a position of authority, as defined in section 609.341, 
5.24 	subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual 
5.25 	conduct in the first degree), 609.343 (criminal sexual conduct in the second degree), 
5.26 	609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct 
5.27 	in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual 
5.28 	abuse also includes any act which involves a minor which constitutes a violation of 
5.29 	prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes 
5.30 	threatened sexual abuse.
5.31 	(e) "Person responsible for the child's care" means (1) an individual functioning 
5.32 	within the family unit and having responsibilities for the care of the child such as a 
5.33 	parent, guardian, or other person having similar care responsibilities, or (2) an individual 
5.34 	functioning outside the family unit and having responsibilities for the care of the child 
5.35 	such as a teacher, school administrator, other school employees or agents, or other lawful 
5.36 	custodian of a child having either full-time or short-term care responsibilities including, 
6.1 	but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching, 
6.2 	and coaching.
6.3 	(f) "Neglect" means:
6.4 	(1) failure by a person responsible for a child's care to supply a child with necessary 
6.5 	food, clothing, shelter, health, medical, or other care required for the child's physical or 
6.6 	mental health when reasonably able to do so;
6.7 	(2) failure to protect a child from conditions or actions that seriously endanger the 
6.8 	child's physical or mental health when reasonably able to do so, including a growth delay, 
6.9 	which may be referred to as a failure to thrive, that has been diagnosed by a physician and 
6.10 	is due to parental neglect;
6.11 	(3) failure to provide for necessary supervision or child care arrangements 
6.12 	appropriate for a child after considering factors as the child's age, mental ability, physical 
6.13 	condition, length of absence, or environment, when the child is unable to care for the 
6.14 	child's own basic needs or safety, or the basic needs or safety of another child in their care;
6.15 	(4) failure to ensure that the child is educated as defined in sections 120A.22 and 
6.16 	260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's 
6.17 	child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;
6.18 	(5) nothing in this section shall be construed to mean that a child is neglected solely 
6.19 	because the child's parent, guardian, or other person responsible for the child's care in 
6.20 	good faith selects and depends upon spiritual means or prayer for treatment or care of 
6.21 	disease or remedial care of the child in lieu of medical care; except that a parent, guardian, 
6.22 	or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report 
6.23 	if a lack of medical care may cause serious danger to the child's health. This section does 
6.24 	not impose upon persons, not otherwise legally responsible for providing a child with 
6.25 	necessary food, clothing, shelter, education, or medical care, a duty to provide that care;
6.26 	(6) prenatal exposure to a controlled substance, as defined in section 253B.02, 
6.27 	subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal 
6.28 	symptoms in the child at birth, results of a toxicology test performed on the mother at 
6.29 	delivery or the child at birth, or medical effects or developmental delays during the child's 
6.30 	first year of life that medically indicate prenatal exposure to a controlled substance;
6.31 	(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);
6.32 	(8) chronic and severe use of alcohol or a controlled substance by a parent or 
6.33 	person responsible for the care of the child that adversely affects the child's basic needs 
6.34 	and safety; or
6.35 	(9) emotional harm from a pattern of behavior which contributes to impaired 
6.36 	emotional functioning of the child which may be demonstrated by a substantial and 
7.1 	observable effect in the child's behavior, emotional response, or cognition that is not 
7.2 	within the normal range for the child's age and stage of development, with due regard 
7.3 	to the child's culture; or
7.4 	(10) nothing in this section is construed to mean that a child is neglected because the 
7.5 	injury occurred by accidental means, unless the injury meets the definition of substantial 
7.6 	child endangerment as defined in paragraph (c).
7.7 	(g) "Physical abuse" means any physical injury, mental injury, or threatened injury, 
7.8 	inflicted by a person responsible for the child's care on a child other than by accidental 
7.9 	means, or any physical or mental injury that cannot reasonably be explained by the child's 
7.10 	history of injuries, or any aversive or deprivation procedures, or regulated interventions, 
7.11 	that have not been authorized under section 121A.67 or 245.825. Abuse does not include 
7.12 	reasonable and moderate physical discipline of a child administered by a parent or legal 
7.13 	guardian which does not result in an injury. Abuse does not include the use of reasonable 
7.14 	force by a teacher, principal, or school employee as allowed by section 121A.582. Actions 
7.15 	which are not reasonable and moderate include, but are not limited to, any of the following 
7.16 	that are done in anger or without regard to the safety of the child:
7.17 	(1) throwing, kicking, burning, biting, or cutting a child;
7.18 	(2) striking a child with a closed fist;
7.19 	(3) shaking a child under age three;
7.20 	(4) striking or other actions which result in any nonaccidental injury to a child 
7.21 	under 18 months of age;
7.22 	(5) unreasonable interference with a child's breathing;
7.23 	(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;
7.24 	(7) striking a child under age one on the face or head;
7.25 	(8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled 
7.26 	substances which were not prescribed for the child by a practitioner, in order to control or 
7.27 	punish the child; or other substances that substantially affect the child's behavior, motor 
7.28 	coordination, or judgment or that results in sickness or internal injury, or subjects the 
7.29 	child to medical procedures that would be unnecessary if the child were not exposed 
7.30 	to the substances;
7.31 	(9) unreasonable physical confinement or restraint not permitted under section 
7.32 	609.379, including but not limited to tying, caging, or chaining; or
7.33 	(10) in a school facility or school zone, an act by a person responsible for the child's 
7.34 	care that is a violation under section 121A.58.
8.1 	(h) "Report" means any report received by the local welfare agency, police 
8.2 	department, county sheriff, or agency responsible for assessing or investigating 
8.3 	maltreatment pursuant to this section.
8.4 	(i) "Facility" means: 
8.5 	(1) a licensed or unlicensed day care facility, residential facility, agency, hospital, 
8.6 	sanitarium, or other facility or institution required to be licensed under sections 144.50 to 
8.7 	144.58, 241.021, or 245A.01 to 245A.16, or chapter 245B; 
8.8 	(2) a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and 
8.9 	124D.10; or 
8.10 	(3) a nonlicensed personal care provider organization as defined in sections 256B.04, 
8.11 	subdivision 16, and 256B.0625, subdivision 19a.
8.12 	(j) "Operator" means an operator or agency as defined in section 245A.02.
8.13 	(k) "Commissioner" means the commissioner of human services.
8.14 	(l) "Practice of social services," for the purposes of subdivision 3, includes but is 
8.15 	not limited to employee assistance counseling and the provision of guardian ad litem and 
8.16 	parenting time expeditor services.
8.17 	(m) "Mental injury" means an injury to the psychological capacity or emotional 
8.18 	stability of a child as evidenced by an observable or substantial impairment in the child's 
8.19 	ability to function within a normal range of performance and behavior with due regard to 
8.20 	the child's culture.
8.21 	(n) "Threatened injury" means a statement, overt act, condition, or status that 
8.22 	represents a substantial risk of physical or sexual abuse or mental injury. Threatened 
8.23 	injury includes, but is not limited to, exposing a child to a person responsible for the 
8.24 	child's care, as defined in paragraph (e), clause (1), who has:
8.25 	(1) subjected a child to, or failed to protect a child from, an overt act or condition 
8.26 	that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a 
8.27 	similar law of another jurisdiction;
8.28 	(2) been found to be palpably unfit under section 260C.301, paragraph (b), clause 
8.29 	(4), or a similar law of another jurisdiction;
8.30 	(3) committed an act that has resulted in an involuntary termination of parental rights 
8.31 	under section 260C.301, or a similar law of another jurisdiction; or
8.32 	(4) committed an act that has resulted in the involuntary transfer of permanent legal 
8.33 	and physical custody of a child to a relative under section 260C.201, subdivision 11, 
8.34 	paragraph (d), clause (1), or a similar law of another jurisdiction.
8.35 	(o) Persons who conduct assessments or investigations under this section shall take 
8.36 	into account accepted child-rearing practices of the culture in which a child participates 
9.1 	and accepted teacher discipline practices, which are not injurious to the child's health, 
9.2 	welfare, and safety.

9.3 	Sec. 6. Minnesota Statutes 2006, section 626.556, subdivision 11, is amended to read:
9.4 		Subd. 11.Records. (a) Except as provided in paragraph (b) or (d) and subdivisions 
9.5 	10b, 10d, 10g, and 11b, all records concerning individuals maintained by a local welfare 
9.6 	agency or agency responsible for assessing or investigating the report under this 
9.7 	section, including any written reports filed under subdivision 7, shall be private data on 
9.8 	individuals, except insofar as copies of reports are required by subdivision 7 to be sent to 
9.9 	the local police department or the county sheriff. All records concerning determinations 
9.10 	of maltreatment by a facility are nonpublic data as maintained by the Department of 
9.11 	Education, except insofar as copies of reports are required by subdivision 7 to be sent 
9.12 	to the local police department or the county sheriff. Reports maintained by any police 
9.13 	department or the county sheriff shall be private data on individuals except the reports 
9.14 	shall be made available to the investigating, petitioning, or prosecuting authority, including 
9.15 	county medical examiners or county coroners. Section 13.82, subdivisions 8, 9, and 14, 
9.16 	apply to law enforcement data other than the reports. The local social services agency or 
9.17 	agency responsible for assessing or investigating the report shall make available to the 
9.18 	investigating, petitioning, or prosecuting authority, including county medical examiners or 
9.19 	county coroners or their professional delegates, any records which contain information 
9.20 	relating to a specific incident of neglect or abuse which is under investigation, petition, or 
9.21 	prosecution and information relating to any prior incidents of neglect or abuse involving 
9.22 	any of the same persons. The records shall be collected and maintained in accordance with 
9.23 	the provisions of chapter 13. In conducting investigations and assessments pursuant to 
9.24 	this section, the notice required by section 13.04, subdivision 2, need not be provided to a 
9.25 	minor under the age of ten who is the alleged victim of abuse or neglect. An individual 
9.26 	subject of a record shall have access to the record in accordance with those sections, 
9.27 	except that the name of the reporter shall be confidential while the report is under 
9.28 	assessment or investigation except as otherwise permitted by this subdivision. Any person 
9.29 	conducting an investigation or assessment under this section who intentionally discloses 
9.30 	the identity of a reporter prior to the completion of the investigation or assessment is 
9.31 	guilty of a misdemeanor. After the assessment or investigation is completed, the name of 
9.32 	the reporter shall be confidential. The subject of the report may compel disclosure of the 
9.33 	name of the reporter only with the consent of the reporter or upon a written finding by 
9.34 	the court that the report was false and that there is evidence that the report was made in 
10.1 	bad faith. This subdivision does not alter disclosure responsibilities or obligations under 
10.2 	the Rules of Criminal Procedure.
10.3 	(b) Upon request of the legislative auditor, data on individuals maintained under 
10.4 	this section must be released to the legislative auditor in order for the auditor to fulfill the 
10.5 	auditor's duties under section 3.971. The auditor shall maintain the data in accordance 
10.6 	with chapter 13.
10.7 	(c) The commissioner of education must be provided with all requested data that are 
10.8 	relevant to a report of maltreatment and are in possession of a school facility as defined 
10.9 	in subdivision 2, paragraph (i), when the data is requested pursuant to an assessment or 
10.10 	investigation of a maltreatment report of a student in a school. If the commissioner of 
10.11 	education makes a determination of maltreatment involving an individual performing 
10.12 	work within a school facility who is licensed by a board or other agency, the commissioner 
10.13 	shall provide necessary and relevant information to the licensing entity to enable the 
10.14 	entity to fulfill its statutory duties. Notwithstanding section 13.03, subdivision 4, data 
10.15 	received by a licensing entity under this paragraph are governed by section 13.41 or other 
10.16 	applicable law governing data of the receiving entity, except that this section applies to the 
10.17 	classification of and access to data on the reporter of the maltreatment.
10.18 	(d) The investigating agency shall exchange not public data with the Child 
10.19 	Maltreatment Review Panel under section 256.022 if the data are pertinent and necessary 
10.20 	for a review requested under section 256.022. Upon completion of the review, the not 
10.21 	public data received by the review panel must be returned to the investigating agency.

10.22 	Sec. 7. Minnesota Statutes 2006, section 626.556, subdivision 11c, is amended to read:
10.23 		Subd. 11c.Welfare, court services agency, and school records maintained.
 10.24 	Notwithstanding sections 138.163 and 138.17, records maintained or records derived 
10.25 	from reports of abuse by local welfare agencies, agencies responsible for assessing or 
10.26 	investigating the report, court services agencies, or schools under this section shall be 
10.27 	destroyed as provided in paragraphs (a) to (d) by the responsible authority.
10.28 	(a) For family assessment cases and cases where an investigation results in no 
10.29 	determination of maltreatment or the need for child protective services, the assessment or 
10.30 	investigation records must be maintained for a period of four years. Records under this 
10.31 	paragraph may not be used for employment, background checks, or any purposes other 
10.32 	than to assist in future risk and safety assessments.
10.33 	(b) All records relating to reports which, upon investigation, indicate either 
10.34 	maltreatment or a need for child protective services shall be maintained for at least ten 
10.35 	years after the date of the final entry in the case record.
11.1 	(c) All records regarding a report of maltreatment, including any notification of 
11.2 	intent to interview which was received by a school under subdivision 10, paragraph (d), 
11.3 	shall be destroyed by the school when ordered to do so by the agency conducting the 
11.4 	assessment or investigation. The agency shall order the destruction of the notification 
11.5 	when other records relating to the report under investigation or assessment are destroyed 
11.6 	under this subdivision.
11.7 	(d) Private or confidential data released to a court services agency under subdivision 
11.8 	10h must be destroyed by the court services agency when ordered to do so by the local 
11.9 	welfare agency that released the data. The local welfare agency or agency responsible for 
11.10 	assessing or investigating the report shall order destruction of the data when other records 
11.11 	relating to the assessment or investigation are destroyed under this subdivision.