1.1 A bill for an act
1.2 relating to child maltreatment; allowing for judicial review of maltreatment
1.3 occurring outside of Minnesota; providing for local welfare agency responsibility
1.4 for assessing or investigating alleged child maltreatment occurring outside of
1.5 Minnesota; amending Minnesota Statutes 2024, sections 256.045, subdivision 7;
1.6 260E.14, subdivisions 2, 3.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2024, section 256.045, subdivision 7, is amended to read:
1.9 Subd. 7.Judicial review.(a) Except for a prepaid health plan, any party who is aggrieved
1.10by an order of the commissioner of human services; the commissioner of health; or the
1.11commissioner of children, youth, and families in appeals within the commissioner's
1.12jurisdiction under subdivision 3b; or the Direct Care and Treatment executive board in
1.13appeals within the jurisdiction of the executive board under subdivision 5a may appeal the
1.14order to the in district court of.
1.15 (b) A party appealing under this subdivision must file:
1.16 (1) in the county responsible for furnishing assistance,; or, in
1.17 (2) for appeals under subdivision 3b,:
1.18 (i) in the county where the maltreatment occurred, by serving; or
1.19 (ii) if the maltreatment occurred in another state or country, in the county where the
1.20maltreatment was determined.
1.21 (c) A party appealing under this subdivision must (1) serve a written copy of a notice
1.22of appeal upon the applicable commissioner or executive board and any adverse party of
1Section 1.
REVISOR DTT H1367-1HF1367 FIRST ENGROSSMENT
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 1367
NINETY-FOURTH SESSION
Authored by Pinto, Moller, Nash and Virnig02/24/2025
The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law
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,
2.2the amended order, or order affirming the original order, and by filing (2) file the original
2.3notice and proof of service with the court administrator of the district court. Service may
2.4be made personally or by mail; service by mail is complete upon mailing; no filing fee shall
2.5be required by the court administrator in appeals taken pursuant to this subdivision, with
2.6the exception of appeals taken under subdivision 3b.
2.7 (d) The applicable commissioner or executive board may elect to become a party to the
2.8proceedings in the district court.
2.9 (e) Except for appeals under subdivision 3b, any party may demand that the commissioner
2.10or executive board furnish all parties to the proceedings with a copy of the decision, and a
2.11transcript of any testimony, evidence, or other supporting papers from the hearing held
2.12before the human services judge, by serving a written demand upon the applicable
2.13commissioner or executive board within 30 days after service of the notice of appeal.
2.14 (f) Any party aggrieved by the failure of an adverse party to obey an order issued by the
2.15commissioner or executive board under subdivision 5 or 5a may compel performance
2.16according to the order in the manner prescribed in sections 586.01 to 586.12.
2.17 Sec. 2. Minnesota Statutes 2024, section 260E.14, subdivision 2, is amended to read:
2.18 Subd. 2.Sexual abuse.(a) The local welfare agency is the agency responsible for
2.19investigating an allegation of sexual abuse, including if the alleged sexual abuse occurred
2.20in another state or country but the child's residence is in Minnesota, if the alleged offender
2.21is the parent, guardian, sibling, or an individual functioning within the family unit as a
2.22person responsible for the child's care, or a person with a significant relationship to the child
2.23if that person resides in the child's household.
2.24 (b) The local welfare agency is also responsible for assessing or investigating when a
2.25child is identified as a victim of sex trafficking.
2.26 Sec. 3. Minnesota Statutes 2024, section 260E.14, subdivision 3, is amended to read:
2.27 Subd. 3.Neglect, physical abuse, or labor trafficking.(a) The local welfare agency
2.28is responsible for immediately conducting a family assessment or investigation if the report
2.29alleges neglect or physical abuse by a parent, guardian, or individual functioning within the
2.30family unit as a person responsible for the child's care, including if the alleged neglect or
2.31physical abuse occurred in another state or country but the child's residence is in Minnesota.
2Sec. 3.
REVISOR DTT H1367-1HF1367 FIRST ENGROSSMENT 3.1 (b) The local welfare agency is also responsible for conducting a family assessment or
3.2investigation when a child is identified as a victim of labor trafficking.
3Sec. 3.
REVISOR DTT H1367-1HF1367 FIRST ENGROSSMENT