Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Service availability.
The local agency shall ensure that child protective services
are available on a 24 hour basis to respond to reports alleging imminent
danger.
Subp. 2.
Emergency facility.
The local agency shall ensure that a shelter care facility is
available on a 24 hour basis for children needing emergency placement.
Subp. 3.
Staffing.
The local agency shall have sufficient staff to perform its
duties under parts
9560.0216 to
9560.0234 and shall assign
individual responsibility for:
A.
notifying law enforcement under part
9560.0216; and
B. emergency placement of children.
Subp. 4.
Child protection
team.
The county shall establish a multidisciplinary child
protection team under Minnesota Statutes, section
626.558,
subdivision 1, and the local agency:
A. shall participate on the team;
B. may provide records collected and
maintained under part
9560.0230 to the case consultation
committee; and
C. may accept
recommendations of the case consultation committee about protective services to
be provided under part
9560.0228.
Subp. 5.
Child mortality review
panel.
A. For purposes of this subpart,
"local review panel" means a local multidisciplinary child mortality review
panel.
B. Under the commissioner's
authority in Minnesota Statutes, section
256.01,
subdivision 12, paragraph (b), each county shall establish a local review panel
and shall participate on the local review panel. The local agency's child
protection team may serve as the local review panel. The local review panel
shall require participation by professional representatives, including
professionals with knowledge of the child mortality case being
reviewed.
C. The local review panel
shall:
(1) have access to not public data
under Minnesota Statutes, section
256.01,
subdivision 12, paragraph (c), maintained by state agencies, statewide systems,
or political subdivisions that are related to a child's death or circumstances
surrounding the care of the child;
(2) conduct a local review of the case within
60 days of the death of a child if:
(a) the
death was caused by maltreatment;
(b) the manner of death was due to sudden
infant death syndrome or was other than by natural causes, and the child was a
member of a family receiving social services from a local agency, a member of a
family that received social services during the year before the child's death,
or a member of a family that was the subject of a child protection assessment;
or
(c) the death occurred in a
facility licensed by the department if the manner of death was by other than
natural causes; and
(3)
submit a report of the review to the department within 30 days of completing
subitem (2).
A review may be delayed if there is pending litigation or an
active assessment or investigation.
D. Under Minnesota Statutes, section
256.01,
subdivision 12, paragraph (d):
(1) data
acquired by the local review panel in the exercise of its duty is protected
nonpublic or confidential data as defined in Minnesota Statutes, section
13.02, but may be
disclosed as necessary to carry out the purposes of the local review panel. The
data is not subject to subpoena or discovery; and
(2) the commissioner may disclose conclusions
of the local review panel, but shall not disclose data classified as
confidential or private on decedents under Minnesota Statutes, section
13.10, or data
classified as private, confidential, or protected nonpublic in the
disseminating agency.
E.
Persons attending the local review panel meeting, members of the local review
panel, persons who presented information to the local review panel, and all
data, information, documents, and records pertaining to the local review panel
must comply with the requirements under Minnesota Statutes, section
256.01,
subdivision 12, paragraph (e).
F.
When the department notifies the local agency that a state review will be
conducted under Minnesota Statutes, section
256.01,
subdivision 12, paragraph (a), the local agency shall submit a copy of the
social service file within five working days.
