SF1841 (Legislative Session 94 (2025-2026))

Judicial review of maltreatment occurring outside of Minnesota authorization provision and local welfare agency responsibility for assessing of investigating alleged child maltreatment occurring outside of Minnesota provision

Related bill: HF1367

AI Generated Summary

This bill, Minnesota Senate File No. 1841, relates to child maltreatment cases occurring outside of Minnesota and expands judicial review procedures. The bill proposes amendments to Minnesota Statutes 2024, specifically:

  1. Judicial Review of Maltreatment Cases (§ 256.045, subd. 7)

    • Allows aggrieved parties to appeal an order from the Commissioner of Human Services, Commissioner of Health, or Commissioner of Children, Youth, and Families, as well as appeals within the Direct Care and Treatment Executive Board’s jurisdiction.
    • Appeals must be filed in the county responsible for providing assistance or:
      • If maltreatment occurred in another state or country, in the Minnesota county where the alleged perpetrator or child resides.
    • Written notice of appeal must be served within 30 days of the order.
    • No filing fee is required, except for appeals under a specific subdivision (3b).
    • The commissioner or executive board may opt to become a party to the district court proceedings.
  2. Local Welfare Agency Responsibility for Out-of-State Maltreatment (§ 260E.14, subd. 1a)

    • If child maltreatment occurred in another state or country, the local Minnesota welfare agency is authorized to conduct an assessment or investigation if:
      • The alleged perpetrator or the child resides in Minnesota.
    • If a report from out of state/country meets Minnesota’s definition of child maltreatment, it will be treated as if it occurred in Minnesota.

Purpose of the Bill

This bill extends the state’s ability to investigate and review cases of child maltreatment occurring outside Minnesota if the child or alleged perpetrator resides in the state. It ensures judicial oversight for affected parties and clarifies local welfare agencies’ responsibilities.

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
February 23, 2025SenateFloorActionIntroduction and first reading
February 23, 2025SenateFloorActionReferred toHealth and Human Services

Citations

 
[
  {
    "analysis": {
      "added": [
        "Provision for appeal and judicial review for cases of maltreatment occurring outside of Minnesota."
      ],
      "removed": [],
      "summary": "Amendment to allow judicial review of orders related to maltreatment, including those occurring outside Minnesota and processed under section 256.045 subdivision 7.",
      "modified": [
        "Clarification on the process and jurisdiction for appeals involving maltreatment cases outside the state."
      ]
    },
    "citation": "256.045"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References the procedure to compel performance according to the commissioner's or executive board's order.",
      "modified": []
    },
    "citation": "586.01 to 586.12"
  }
]