Minnesota 2025-2026 Regular Session

Minnesota House Bill HF1367 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1.1 A bill for an act
2	2		1.2 relating to child maltreatment; allowing for judicial review of maltreatment
3	3		1.3 occurring outside of Minnesota; providing for local welfare agency responsibility
4	4		1.4 for assessing or investigating alleged child maltreatment occurring outside of
5	5		1.5 Minnesota; amending Minnesota Statutes 2024, sections 256.045, subdivision 7;
6		-	1.6 260E.14, ~~subdivisions 2,~~ 3.
	6	+	1.6 260E.14, by adding a subdivision.
7	7		1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
8	8		1.8 Section 1. Minnesota Statutes 2024, section 256.045, subdivision 7, is amended to read:
9	9		1.9 Subd. 7.Judicial review.(a) Except for a prepaid health plan, any party who is aggrieved
10	10		1.10by an order of the commissioner of human services; the commissioner of health; or the
11	11		1.11commissioner of children, youth, and families in appeals within the commissioner's
12	12		1.12jurisdiction under subdivision 3b; or the Direct Care and Treatment executive board in
13	13		1.13appeals within the jurisdiction of the executive board under subdivision 5a may appeal the
14	14		1.14order to the in district court of.
15	15		1.15 (b) A party appealing under this subdivision must file:
16	16		1.16 (1) in the county responsible for furnishing assistance,; or, in
17	17		1.17 (2) for appeals under subdivision 3b,:
18	18		1.18 (i) in the county where the maltreatment occurred, by serving; or
19	19		1.19 (ii) if the maltreatment occurred in another state or country, in the county where the
20		-	1.~~20maltreatment was determined~~.
	20	+	1.20alleged perpetrator or child alleged to have been maltreated resides.
21	21		1.21 (c) A party appealing under this subdivision must (1) serve a written copy of a notice
22	22		1.22of appeal upon the applicable commissioner or executive board and any adverse party of
23	23		1Section 1.
24		-	REVISOR DTT ~~H1367-1~~~~HF1367 FIRST ENGROSSMENT~~
	24	+	REVISOR DTT/LJ 25-0284702/06/25
25	25		State of Minnesota
26	26		This Document can be made available
27	27		in alternative formats upon request
28	28		HOUSE OF REPRESENTATIVES
29	29		H. F. No. 1367
30		-	NINETY-FOURTH SESSION
31		-	Authored by Pinto, Moller, Nash and Virnig02/24/2025
32		-	The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law
33		-	Adoption of Report: Amended and re-referred to the Committee on Children and Families Finance and Policy03/24/2025 2.1record within 30 days after the date the commissioner or executive board issued the order,
	30	+	NINETY-FOURTH SESSION 2.1record within 30 days after the date the commissioner or executive board issued the order,
34	31		2.2the amended order, or order affirming the original order, and by filing (2) file the original
35	32		2.3notice and proof of service with the court administrator of the district court. Service may
36	33		2.4be made personally or by mail; service by mail is complete upon mailing; no filing fee shall
37	34		2.5be required by the court administrator in appeals taken pursuant to this subdivision, with
38	35		2.6the exception of appeals taken under subdivision 3b.
39	36		2.7 (d) The applicable commissioner or executive board may elect to become a party to the
40	37		2.8proceedings in the district court.
41	38		2.9 (e) Except for appeals under subdivision 3b, any party may demand that the commissioner
42	39		2.10or executive board furnish all parties to the proceedings with a copy of the decision, and a
43	40		2.11transcript of any testimony, evidence, or other supporting papers from the hearing held
44	41		2.12before the human services judge, by serving a written demand upon the applicable
45	42		2.13commissioner or executive board within 30 days after service of the notice of appeal.
46	43		2.14 (f) Any party aggrieved by the failure of an adverse party to obey an order issued by the
47	44		2.15commissioner or executive board under subdivision 5 or 5a may compel performance
48	45		2.16according to the order in the manner prescribed in sections 586.01 to 586.12.
49		-	2.17 Sec. 2. Minnesota Statutes 2024, section 260E.14, subdivision 2, is amended to read:
50		-	2.18 Subd. 2.Sexual abuse.(a) The local welfare agency is the agency responsible for
51		-	2.19investigating an allegation of sexual abuse, including if the alleged sexual abuse occurred
52		-	2.20in another state or country but the child's residence is in Minnesota, if the alleged offender
53		-	2.21is the parent, guardian, sibling, or an individual functioning within the family unit as a
54		-	2.22person responsible for the child's care, or a person with a significant relationship to the child
55		-	2.23if that person resides in the child's household.
56		-	2.24 (b) The local welfare agency is also responsible for assessing or investigating when a
57		-	2.25child is identified as a victim of sex trafficking.
58		-	2.26 Sec. 3. Minnesota Statutes 2024, section 260E.14, subdivision 3, is amended to read:
59		-	2.27 Subd. 3.Neglect, physical abuse, or labor trafficking.(a) The local welfare agency
60		-	2.28is responsible for immediately conducting a family assessment or investigation if the report
61		-	2.29alleges neglect or physical abuse by a parent, guardian, or individual functioning within the
62		-	2.30family unit as a person responsible for the child's care, including if the alleged neglect or
63		-	2.31physical abuse occurred in another state or country but the child's residence is in Minnesota.
64		-	2Sec. 3.
65		-	REVISOR DTT H1367-1HF1367 FIRST ENGROSSMENT 3.1 (b) The local welfare agency is also responsible for conducting a family assessment or
66		-	3.2investigation when a child is identified as a victim of labor trafficking.
67		-	3Sec. 3.
68		-	REVISOR DTT H1367-1HF1367 FIRST ENGROSSMENT
	46	+	2.17 Sec. 2. Minnesota Statutes 2024, section 260E.14, is amended by adding a subdivision to
	47	+	2.18read:
	48	+	2.19 Subd. 1a.Maltreatment in another state or country.The local welfare agency is the
	49	+	2.20agency authorized to conduct a family assessment or investigation if a report alleges
	50	+	2.21maltreatment that occurred in another state or country, if either the alleged perpetrator or
	51	+	2.22the child alleged to have been maltreated resides in Minnesota. For purposes of this
	52	+	2.23subdivision, an allegation of child maltreatment made or having occurred in the other state
	53	+	2.24or country that constitutes child maltreatment in Minnesota is considered a report of child
	54	+	2.25maltreatment within Minnesota at the time the incident occurred.
	55	+	2Sec. 2.
	56	+	REVISOR DTT/LJ 25-0284702/06/25