Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Response to reports of maltreatment.
The local agency shall accept and screen or forward according
to subpart
3 every report of
maltreatment received from any source. Upon request, the local agency shall
inform the reporter within ten days after the report is made, either orally or
in writing, whether the report was accepted for assessment or
investigation.
Subp. 1a.
County of service: no imminent danger.
The local agency shall provide child protective services to
any child residing in the county who is alleged to have been maltreated.
In any situation of no imminent danger, including a situation
where a report of maltreatment involves a member of the family unit who is an
employee or board member of the local agency, the local agency may request
another local agency to provide child protective services.
Subp. 2.
County of service: imminent
danger.
In a situation of imminent danger, the local agency shall
screen and investigate reports of maltreatment of any child found in the county
without regard to the legal residence of the child.
A. The local agency shall provide child
protective services as an emergency social service.
B. The local agency shall not seek a
determination of the county of financial responsibility for the child and
reimbursement for services provided until after providing for the safety of the
child.
Subp. 3.
Screening reports.
A. The local
agency shall screen reports of maltreatment to determine the need for
assessment or investigation.
Except for those reports described in item B, the local
agency shall conduct an assessment or investigation if a report meets the
criteria in subitems (1) to (3):
(1)
the allegations in the report constitute maltreatment as defined under part
9560.0214, subpart 18;
(2) sufficient identifying information to
locate the child or at least one member of the family unit exists to permit an
assessment or investigation; and
(3) the report contains information that has
not previously been received and assessed or investigated by the local
agency.
B. 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 child maltreatment. The local welfare agency:
(1) shall conduct an investigation on reports
involving substantial child endangerment;
(2) shall begin an immediate investigation
if, at any time when using a family assessment response, the agency determines
that there is reason to believe that substantial child endangerment or a
serious threat to the child's safety exists;
(3) may conduct a family assessment for
reports that do not allege 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; and
(4) may conduct a
family assessment on 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.
C. If a report alleges maltreatment in a
facility licensed by the commissioner, other than a foster care or family day
care facility, the local agency shall immediately forward the report to the
commissioner for investigation.
Subp.
3a.
Report alleging maltreatment of a child of a facility
license holder.
A. If the report of
maltreatment alleges maltreatment of a child related by blood, marriage, or
adoption to the license holder in a facility during nonbusiness hours of the
facility, the local agency shall follow the procedures under part
9560.0220. The local agency shall
notify the responsible licensing agency listed in part
9560.0222, subpart
1, when the local agency
receives the report of maltreatment and when the local agency completes an
assessment or investigation.
B. If
the report of maltreatment alleges maltreatment of a child in a facility during
business hours of the facility and if the child is related by blood, marriage,
or adoption to the license holder, facility staff, or volunteer of the
facility, the investigating agency shall follow the procedures under part
9560.0222.
Subp. 4.
Notifying law
enforcement.
The local agency shall notify the law enforcement agency
orally and in writing within 24 hours of receiving a report of
maltreatment.
Subp. 5.
Time frames for initiating an assessment or investigation.
The local agency shall respond to reports of maltreatment
within the time limits under item A or B.
A. When a report alleges substantial child
endangerment, the local agency shall initiate an investigation
immediately.
B. When the report
does not allege substantial child endangerment, the local agency shall initiate
an assessment within five calendar days.
Subp. 5a.
Conflict of interest.
A person who conducts an assessment or investigation under
this part or under Minnesota Statutes, section
626.5561,
may not have:
A. any direct or shared
financial interest or referral relationship resulting in a direct or shared
financial gain with a provider of treatment for child abuse and neglect;
or
B. a personal or family
relationship with a party in the assessment or investigation.
If an independent assessor or investigator is not available,
the person responsible for making the maltreatment determination may use the
services of an assessor or investigator with a financial interest, referral
relationship, or personal or family relationship.
Subp. 6.
In-person observation.
A face-to-face contact with the child and primary caretaker
sufficient to complete a safety assessment and ensure the immediate safety of
the child is required:
A. immediately
if substantial child endangerment is alleged; and
B. within five calendar days for all other
reports.
Subp. 7.
Notice to persons being interviewed.
The agency conducting an assessment or investigation:
A. shall orally inform a person asked to
provide private or confidential data about himself or herself as part of an
assessment or investigation:
(1) why the
information is being requested;
(2)
how the information will be used;
(3) that the person may refuse to answer the
questions;
(4) the consequences of
either answering or refusing to answer questions; and
(5) the other persons or agencies authorized
to receive the information being requested;
B. shall provide in writing:
(1) the information given orally under item
A;
(2) rights to access data
provided under Minnesota Statutes, section
13.04,
subdivision 3; and
(3) a
description of the procedure for contesting the accuracy and completeness of
the agency's records provided under Minnesota Statutes, section
13.04,
subdivision 4; and
C.
may waive the required notice in items A and B when interviewing a child under
ten years of age who is reported to be maltreated.
Statutory Authority: MS s
14.388;
256.01;
256E.05;
257.175;
393.07;
626.556
