260E.01 POLICY. (a) 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 […]
260E.02 MULTIDISCIPLINARY CHILD PROTECTION TEAM. Subdivision 1. Establishment of team. A county shall establish a multidisciplinary child protection team that may include, but not be limited to, the director of the local welfare agency or designees, the county attorney or designees, the county sheriff or designees, representatives of health and education, representatives of mental health […]
260E.03 DEFINITIONS. Subdivision 1. Scope. As used in this chapter, the following terms have the meanings given them unless the specific content indicates otherwise. Subd. 2. Accidental. “Accidental” means a sudden, not reasonably foreseeable, and unexpected occurrence or event that: (1) is not likely to occur and could not have been prevented by exercise of […]
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 […]
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
260E.055 DUTY TO REPORT; PRIVATE OR PUBLIC YOUTH RECREATION PROGRAM. Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given. (b) “Abuse” means egregious harm, physical abuse, sexual abuse, substantial child endangerment, or threatened injury as these terms are defined under section 260E.03. (c) “Adverse action” includes but is […]
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 […]
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 […]
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) […]
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 […]
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 […]
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 […]
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; […]
260E.12 REQUIRED ACTIONS OF THE RESPONSIBLE AGENCY AND LAW ENFORCEMENT UPON RECEIVING REPORT. Subdivision 1. Police department or county sheriff. (a) The police department or the county sheriff shall immediately notify the local welfare agency or agency responsible for child protection reports under this chapter orally and in writing when a report is received. (b) […]
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 […]
260E.14 AGENCY RESPONSIBLE FOR SCREENING AND ASSESSMENT OR INVESTIGATION. Subdivision 1. Facilities and schools. (a) The local welfare agency is the agency responsible for investigating allegations of maltreatment in child foster care, family child care, legally nonlicensed child care, and reports involving children served by an unlicensed personal care provider organization under section 256B.0659. Copies […]
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 […]
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 […]
260E.17 RESPONSE PATH ASSIGNMENT. Subdivision 1. Local welfare agency. (a) Upon receipt of a report, the local welfare agency shall determine whether to conduct a family assessment or an investigation as appropriate to prevent or provide a remedy for maltreatment. (b) The local welfare agency shall conduct an investigation when the report involves sexual abuse […]
260E.18 NOTICE TO CHILD’S TRIBE. The local welfare agency shall provide immediate notice, according to section 260.761, subdivision 2, to an Indian child’s tribe when the agency has reason to believe the family assessment or investigation may involve an Indian child. For purposes of this section, “immediate notice” means notice provided within 24 hours. History: […]
