Minnesota Statutes 260E.23 – Documenting Interviews With Child Maltreatment Victims
Subdivision 1.Policy.
It is the policy of this state to encourage adequate and accurate documentation of the number and content of interviews conducted with alleged child maltreatment victims during the course of a child maltreatment assessment or investigation, criminal investigation, or prosecution, and to discourage interviews that are unnecessary, duplicative, or otherwise not in the best interests of the child.
Subd. 2.Definitions.
Terms Used In Minnesota Statutes 260E.23
- Investigation: means fact gathering conducted during:
(1) a family investigation related to the current safety of a child and the risk of subsequent maltreatment that determines whether maltreatment occurred and whether child protective services are needed; or
(2) a facility investigation related to duties under section 260E. See Minnesota Statutes 260E.03
- Maltreatment: means any of the following acts or omissions:
(1) egregious harm under subdivision 5;
(2) neglect under subdivision 15;
(3) physical abuse under subdivision 18;
(4) sexual abuse under subdivision 20;
(5) substantial child endangerment under subdivision 22;
(6) threatened injury under subdivision 23;
(7) mental injury under subdivision 13; and
(8) maltreatment of a child in a facility. See Minnesota Statutes 260E.03
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
Terms Used In Minnesota Statutes 260E.23
- Investigation: means fact gathering conducted during:
(1) a family investigation related to the current safety of a child and the risk of subsequent maltreatment that determines whether maltreatment occurred and whether child protective services are needed; or
(2) a facility investigation related to duties under section 260E. See Minnesota Statutes 260E.03
- Maltreatment: means any of the following acts or omissions:
(1) egregious harm under subdivision 5;
(2) neglect under subdivision 15;
(3) physical abuse under subdivision 18;
(4) sexual abuse under subdivision 20;
(5) substantial child endangerment under subdivision 22;
(6) threatened injury under subdivision 23;
(7) mental injury under subdivision 13; and
(8) maltreatment of a child in a facility. See Minnesota Statutes 260E.03
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
As used in this section:
(1) “government employee” means an employee of a state or local agency, and any person acting as an agent of a state or local agency;
(2) “interview” means a statement of an alleged maltreatment victim which is given or made to a government employee during the course of a maltreatment assessment or investigation, criminal investigation, or prosecution; and
(3) “record” means an audio or video recording of an interview, or a written record of an interview.
Subd. 3.Record required.
Whenever an interview is conducted, the interviewer must make a record of the interview. The record must contain the following information:
(1) the date, time, place, and duration of the interview;
(2) the identity of the persons present at the interview; and
(3) if the record is in writing, a summary of the information obtained during the interview.
Subd. 4.Records maintained.
The records shall be maintained by the interviewer in accordance with applicable provisions of section 260E.35 and chapter 13.
Subd. 5.Guidelines on tape recording of interviews.
Every county attorney’s office shall be responsible for developing written guidelines on the tape recording of interviews by government employees who conduct child maltreatment assessments or investigations, criminal investigations, or prosecutions. The guidelines are public data as defined in section 13.02, subdivision 14.