Bill Text: MN SF1048 | 2013-2014 | 88th Legislature | Introduced
Bill Title: School facility child maltreatment incidents parental notification requirement
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2013-03-07 - Author added Nelson [SF1048 Detail]
Download: Minnesota-2013-SF1048-Introduced.html
1.2relating to child protection; requiring parent notification of incidents that may
1.3involve child maltreatment in a school facility;amending Minnesota Statutes
1.42012, sections 13.43, subdivision 14; 626.556, subdivision 7.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 13.43, subdivision 14, is amended to read:
1.7 Subd. 14. Maltreatment data. (a) When a report of alleged maltreatment of a
1.8student in a school facility, as defined in section626.556, subdivision 2 , paragraph (f), is
1.9made to the commissioner of education under section626.556 , data that are relevant to a
1.10report of maltreatment and are collected by the school facility about the person alleged to
1.11have committed maltreatment must be provided to the commissioner of education upon
1.12request for purposes of an assessment or investigation of the maltreatment report. Data
1.13received by the commissioner of education pursuant to these assessments or investigations
1.14are classified under section626.556 .
1.15(b) Personnel data may be released for purposes of providing information to a parent,
1.16legal guardian, or custodian of a child under section 626.556, subdivision 7.
1.17 Sec. 2. Minnesota Statutes 2012, section 626.556, subdivision 7, is amended to read:
1.18 Subd. 7. Report; information provided to parent. (a) An oral report shall be made
1.19immediately by telephone or otherwise. An oral report made by a person required under
1.20subdivision 3 to report shall be followed within 72 hours, exclusive of weekends and
1.21holidays, by a report in writing to the appropriate police department, the county sheriff, the
1.22agency responsible for assessing or investigating the report, or the local welfare agency,
1.23unless the appropriate agency has informed the reporter that the oral information does
2.1not constitute a report under subdivision 10. The local welfare agency shall determine
2.2if the report is accepted for an assessment or investigation as soon as possible but in no
2.3event longer than 24 hours after the report is received. Any report shall be of sufficient
2.4content to identify the child, any person believed to be responsible for the abuse or neglect
2.5of the child if the person is known, the nature and extent of the abuse or neglect and the
2.6name and address of the reporter. If requested, the local welfare agency or the agency
2.7responsible for assessing or investigating the report shall inform the reporter within ten
2.8days after the report is made, either orally or in writing, whether the report was accepted
2.9for assessment or investigation. Written reports received by a police department or the
2.10county sheriff shall be forwarded immediately to the local welfare agency or the agency
2.11responsible for assessing or investigating the report. The police department or the county
2.12sheriff may keep copies of reports received by them. Copies of written reports received by
2.13a local welfare department or the agency responsible for assessing or investigating the
2.14report shall be forwarded immediately to the local police department or the county sheriff.
2.15(b) Notwithstanding paragraph (a), the commissioner of education must inform the
2.16parent, guardian, or legal custodian of the child who is the subject of a report of alleged
2.17maltreatment in a school facility within ten days of receiving the report, either orally or
2.18in writing, whether the commissioner is assessing or investigating the report of alleged
2.19maltreatment.
2.20 (c) Regardless of whether a report is made under this subdivision, as soon as
2.21practicable after a school receives information regarding an incident that may constitute
2.22maltreatment of a child in a school facility, the school shall inform the parent, legal
2.23guardian, or custodian of the child that an incident has occurred that may constitute
2.24maltreatment of the child, when the incident occurred, and the nature of the conduct
2.25that may constitute maltreatment.
2.26 (d) A written copy of a report maintained by personnel of agencies, other than
2.27welfare or law enforcement agencies, which are subject to chapter 13 shall be confidential.
2.28An individual subject of the report may obtain access to the original report as provided
2.29by subdivision 11.
1.3involve child maltreatment in a school facility;amending Minnesota Statutes
1.42012, sections 13.43, subdivision 14; 626.556, subdivision 7.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 13.43, subdivision 14, is amended to read:
1.7 Subd. 14. Maltreatment data. (a) When a report of alleged maltreatment of a
1.8student in a school facility, as defined in section
1.9made to the commissioner of education under section
1.10report of maltreatment and are collected by the school facility about the person alleged to
1.11have committed maltreatment must be provided to the commissioner of education upon
1.12request for purposes of an assessment or investigation of the maltreatment report. Data
1.13received by the commissioner of education pursuant to these assessments or investigations
1.14are classified under section
1.15(b) Personnel data may be released for purposes of providing information to a parent,
1.16legal guardian, or custodian of a child under section 626.556, subdivision 7.
1.17 Sec. 2. Minnesota Statutes 2012, section 626.556, subdivision 7, is amended to read:
1.18 Subd. 7. Report; information provided to parent. (a) An oral report shall be made
1.19immediately by telephone or otherwise. An oral report made by a person required under
1.20subdivision 3 to report shall be followed within 72 hours, exclusive of weekends and
1.21holidays, by a report in writing to the appropriate police department, the county sheriff, the
1.22agency responsible for assessing or investigating the report, or the local welfare agency,
1.23unless the appropriate agency has informed the reporter that the oral information does
2.1not constitute a report under subdivision 10. The local welfare agency shall determine
2.2if the report is accepted for an assessment or investigation as soon as possible but in no
2.3event longer than 24 hours after the report is received. Any report shall be of sufficient
2.4content to identify the child, any person believed to be responsible for the abuse or neglect
2.5of the child if the person is known, the nature and extent of the abuse or neglect and the
2.6name and address of the reporter. If requested, the local welfare agency or the agency
2.7responsible for assessing or investigating the report shall inform the reporter within ten
2.8days after the report is made, either orally or in writing, whether the report was accepted
2.9for assessment or investigation. Written reports received by a police department or the
2.10county sheriff shall be forwarded immediately to the local welfare agency or the agency
2.11responsible for assessing or investigating the report. The police department or the county
2.12sheriff may keep copies of reports received by them. Copies of written reports received by
2.13a local welfare department or the agency responsible for assessing or investigating the
2.14report shall be forwarded immediately to the local police department or the county sheriff.
2.15(b) Notwithstanding paragraph (a), the commissioner of education must inform the
2.16parent, guardian, or legal custodian of the child who is the subject of a report of alleged
2.17maltreatment in a school facility within ten days of receiving the report, either orally or
2.18in writing, whether the commissioner is assessing or investigating the report of alleged
2.19maltreatment.
2.20 (c) Regardless of whether a report is made under this subdivision, as soon as
2.21practicable after a school receives information regarding an incident that may constitute
2.22maltreatment of a child in a school facility, the school shall inform the parent, legal
2.23guardian, or custodian of the child that an incident has occurred that may constitute
2.24maltreatment of the child, when the incident occurred, and the nature of the conduct
2.25that may constitute maltreatment.
2.26 (d) A written copy of a report maintained by personnel of agencies, other than
2.27welfare or law enforcement agencies, which are subject to chapter 13 shall be confidential.
2.28An individual subject of the report may obtain access to the original report as provided
2.29by subdivision 11.
