Subdivision 1. Notification requirements for school facility. (a) Notwithstanding section 260E.09, the commissioner of education must inform the parent, guardian, or legal custodian of the child who is the subject of a report of alleged maltreatment in a school facility within ten days of receiving the report, either orally or in writing, whether the commissioner is investigating the report of alleged maltreatment.
(b) Regardless of whether a report is made under section 260E.09, as soon as practicable after a school receives information regarding an incident that may constitute maltreatment of a child in a school facility, the school shall inform the parent, legal guardian, or custodian of the child that an incident occurred that may constitute maltreatment of the child, when the incident occurred, and the nature of the conduct that may constitute maltreatment.
Subd. 2. Notification requirements for other types of facilities. When a report is received that alleges maltreatment of a child while in the care of a licensed or unlicensed day care facility, residential facility, agency, hospital, sanitarium, or other facility or institution required to be licensed or certified according to sections 144.50 to 144.58; 241.021; or 245A.01 to 245A.16; or chapter 144H, 245D, or 245H; or a school as defined in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E; or a nonlicensed personal care provider organization as defined in section 256B.0625, subdivision 19a, the commissioner of the agency responsible for investigating the report or local welfare agency investigating the report shall provide the following information to the parent, guardian, or legal custodian of a child alleged to have been the victim of maltreatment in the facility: the name of the facility; the fact that a report alleging maltreatment in the facility has been received; the nature of the alleged maltreatment in the facility; that the agency is conducting an investigation; any protective or corrective measures being taken pending the outcome of the investigation; and that a written memorandum will be provided when the investigation is completed.
Subd. 3. Discretionary notification. The commissioner of the agency responsible for investigating the report or local welfare agency may also provide the information in subdivision 2 to the parent, guardian, or legal custodian of any other child in the facility if the investigative agency knows or has reason to believe the alleged maltreatment of a child in the facility occurred. In determining whether to exercise this authority, the commissioner of the agency responsible for investigating the report or local welfare agency shall consider the seriousness of the alleged maltreatment of a child in the facility; the number of alleged victims of maltreatment of a child in the facility; the number of alleged offenders; and the length of the investigation. The facility shall be notified whenever this discretion is exercised.
1Sp2020 c 2 art 7 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.