Subdivision 1. Timing. The local welfare agency shall conclude the family assessment or the investigation within 45 days of the receipt of a report. The conclusion of the assessment or investigation may be extended to permit the completion of a criminal investigation or the receipt of expert information requested within 45 days of the receipt of the report.
Subd. 2. Determination after family assessment. After conducting a family assessment, the local welfare agency shall determine whether child protective services are needed to address the safety of the child and other family members and the risk of subsequent maltreatment. The local welfare agency must document the information collected under section 260E.20, subdivision 3, related to the completed family assessment in the child's or family's case notes.
Subd. 3. Determinations after family investigation. (a) After conducting an investigation, the local welfare agency shall make two determinations: (1) whether maltreatment occurred; and (2) whether child protective services are needed.
(b) No determination of maltreatment shall be made when the alleged offender is a child under the age of ten.
(c) The local welfare agency or the agency responsible for investigating the report may make a determination of no maltreatment early in an investigation, close the case, and retain immunity, if the collected information shows no basis for a full investigation.
Subd. 4. Child protective services. For the purposes of this chapter, except for section 260E.37, a determination that child protective services are needed means that the local welfare agency documented conditions during the assessment or investigation sufficient to cause a child protection worker, as defined in section 260E.37, to conclude that a child is at significant risk of maltreatment if protective intervention is not provided and that the individual or individuals responsible for the child's care have not taken or are not likely to take action to protect the child from maltreatment or risk of maltreatment.
Subd. 5. Notifications at conclusion of family investigation. (a) Within ten working days of the conclusion of an investigation, the local welfare agency or agency responsible for investigating the report shall notify the parent or guardian of the child and the person determined to be maltreating the child, if not the parent or guardian of the child, of the determination and a summary of the specific reasons for the determination.
(b) The notice must include a certification that the information collection procedures under section 260E.20 were followed and a notice of the right of a data subject to obtain access to other private data on the subject collected, created, or maintained under this section.
(c) In addition, the notice shall include the length of time that the records will be kept under section 260E.35, subdivision 6. The investigating agency shall notify the parent or guardian of the child who is the subject of the report and any person determined to have maltreated the child of their appeal or review rights under this chapter.
(d) The notice must also state that a finding of maltreatment may result in denial of a license or certification application or background study disqualification under chapter 245C related to employment or services that are licensed or certified by the Department of Human Services under chapter 245A or 245H, the Department of Health under chapter 144 or 144A, the Department of Corrections under section 241.021, and from providing services related to an unlicensed personal care provider organization under chapter 256B.
Subd. 6. Required referral to early intervention services. (a) A child under age three who is involved in a substantiated case of maltreatment shall be referred for screening under the Individuals with Disabilities Education Act, part C. Parents must be informed that the evaluation and acceptance of services are voluntary. The commissioner of human services shall monitor referral rates by county. Refusal to have a child screened is not a basis for a child in need of protection or services petition under chapter 260C.
(b) The commissioner of human services shall include the referral rates by county for screening under the Individuals with Disabilities Education Act, part C in the annual report on child maltreatment under section 257.0725. This paragraph expires January 1, 2032.
Subd. 7. Notification at conclusion of family assessment. Within ten working days of the conclusion of a family assessment, the local welfare agency shall notify the parent or guardian of the child of the need for services to address child safety concerns or significant risk of subsequent maltreatment. The local welfare agency and the family may also jointly agree that family support and family preservation services are needed.
1Sp2020 c 2 art 7 s 24; 2022 c 98 art 8 s 32; art 14 s 29
Structure Minnesota Statutes
Chapters 245 - 267 — Public Welfare And Related Activities
Chapter 260E — Reporting Of Maltreatment Of Minors
Section 260E.02 — Multidisciplinary Child Protection Team.
Section 260E.03 — Definitions.
Section 260E.05 — Cultural Practices.
Section 260E.055 — Duty To Report; Private Or Public Youth Recreation Program.
Section 260E.06 — Maltreatment Reporting.
Section 260E.065 — Training For Reporters.
Section 260E.07 — Retaliation Prohibited.
Section 260E.08 — Criminal Penalties For Failure To Report; Civil Penalty For Making False Report.
Section 260E.09 — Reporting Requirements.
Section 260E.10 — Notification To Reporters.
Section 260E.11 — Agency Designated To Receive Reports.
Section 260E.13 — Report To Ombudsman.
Section 260E.14 — Agency Responsible For Screening And Assessment Or Investigation.
Section 260E.15 — Screening Guidelines.
Section 260E.16 — Timeline For Screening.
Section 260E.17 — Response Path Assignment.
Section 260E.18 — Notice To Child's Tribe.
Section 260E.19 — Conflict Of Interest.
Section 260E.20 — Agency Duties Regarding Investigation And Assessment.
Section 260E.21 — Screened Out Reports.
Section 260E.23 — Documenting Interviews With Child Maltreatment Victims.
Section 260E.24 — Conclusion Of Family Assessment Or Family Investigation By Local Welfare Agency.
Section 260E.25 — Provision Of Medical Care.
Section 260E.26 — Provision Of Child Protective Services.
Section 260E.27 — Consultation With The County Attorney.
Section 260E.28 — Conducting Investigation In Facility Or School.
Section 260E.29 — Notification Requirements For Schools And Facilities.
Section 260E.30 — Conclusion Of School Or Facility Investigation.
Section 260E.31 — Reporting Of Prenatal Exposure To Controlled Substances.
Section 260E.32 — Toxicology Tests Required.
Section 260E.33 — Reconsideration And Appeal Of Maltreatment Determination Following Investigation.
Section 260E.35 — Data Practices.
Section 260E.36 — Specialized Training And Education Required.