Minnesota Statutes 260E.24 – Conclusion of Family Assessment or Family Investigation by Local Welfare Agency
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 or a noncaregiver sex trafficking assessment.
Terms Used In Minnesota Statutes 260E.24
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Commissioner: means the commissioner of human services unless otherwise indicated in this chapter. See Minnesota Statutes 260E.03
- Family assessment: means a comprehensive assessment of child safety, risk of subsequent maltreatment, and family strengths and needs that is applied to a maltreatment report that does not allege sexual abuse or substantial child endangerment. See Minnesota Statutes 260E.03
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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
- Noncaregiver sex trafficking assessment: is a comprehensive assessment of child safety, the risk of subsequent child maltreatment, and strengths and needs of the child and family. 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
- Report: means any communication received by the local welfare agency, police department, county sheriff, or agency responsible for child protection pursuant to this section that describes maltreatment of a child and contains sufficient content to identify the child and any person believed to be responsible for the maltreatment, if known. See Minnesota Statutes 260E.03
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
Terms Used In Minnesota Statutes 260E.24
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Commissioner: means the commissioner of human services unless otherwise indicated in this chapter. See Minnesota Statutes 260E.03
- Family assessment: means a comprehensive assessment of child safety, risk of subsequent maltreatment, and family strengths and needs that is applied to a maltreatment report that does not allege sexual abuse or substantial child endangerment. See Minnesota Statutes 260E.03
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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
- Noncaregiver sex trafficking assessment: is a comprehensive assessment of child safety, the risk of subsequent child maltreatment, and strengths and needs of the child and family. 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
- Report: means any communication received by the local welfare agency, police department, county sheriff, or agency responsible for child protection pursuant to this section that describes maltreatment of a child and contains sufficient content to identify the child and any person believed to be responsible for the maltreatment, if known. See Minnesota Statutes 260E.03
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
After conducting a family assessment or a noncaregiver sex trafficking 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.
[See Note.]
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 or a noncaregiver sex trafficking assessment.
Within ten working days of the conclusion of a family assessment or a noncaregiver sex trafficking 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.
[See Note.]