SF5098

Purpose

This bill aims to improve transparency and accountability around child fatalities and near fatalities by requiring public disclosure of certain findings and information, and to strengthen the review processes that monitor and improve child protection systems across Minnesota.

Main provisions

• Public disclosure of certain child fatality/near fatality information

  • Public agencies must disclose to the public, upon request, findings and information related to a child fatality or near fatality if any of the following apply:
  • a person is criminally charged with causing the death or near death
  • a county attorney certifies that someone would have been charged if that person had not died
  • a child protection investigation determined maltreatment
  • Disclosed information must be posted on the Department of Children Youth and Families (DCYF) website as a written summary that includes:
  • the cause and circumstances
  • the child’s age and gender
  • information about any previous maltreatment reports relevant to the case
  • information about any previous investigations relevant to the maltreatment
  • the results of any investigations described
  • the actions and services provided by the local welfare agency relevant to the maltreatment
  • the result of any review by the state child mortality review panel, local panels, local community child protection teams, or other public agencies
  • Public disclosures must occur within 60 days after receiving the report
  • The disclosure does not override privacy protections: confidential data, private data on decedents, or information that would reveal the identities of persons who provided information must be protected
  • If a public request is denied, the requester can seek a court order to compel disclosure, with expedited hearings
  • Public disclosures of information done in good faith grant immunity from criminal or civil liability for the disclosing agency or employees

• Critical incident review process

  • Local welfare agencies that determine maltreatment contributed to a critical incident must notify the DCYF commissioner and the executive director of the child mortality panel within three business days
  • The panel will conduct joint reviews with the local review team for:
  • critical incidents involving a family, child, or caregiver connected to a local welfare agency’s family assessment or investigation within the prior 12 months
  • any critical incident the governor or commissioner directs to review
  • any other critical incident the panel chooses
  • The local review team will review all critical incidents not covered by joint review
  • The joint/local review must be completed and a report compiled within 120 days of starting the review, including any systemic findings and considerations for policy or practice changes
  • The local review team must provide its report to the panel and the commissioner within three business days after completion
  • After receiving the local report, the panel may conduct a further joint review
  • The panel may make recommendations to state or local agencies to improve child safety and wellbeing
  • The commissioner will gather additional information as requested by the panel or local review team and prepare a summary report for each case
  • If information gathering is requested, the panel/local review may proceed with their review after receiving the commissioner’s summary
  • Timelines may be extended for additional information gathering, with the local welfare agency notifying the panel of extensions
  • Reviews proceed regardless of any pending litigation or other active investigations

• Child mortality review panel annual report and data analysis

  • Beginning December 15, 2026, and each year thereafter, the commissioner must publish a report from the child mortality review panel
  • The report will include deidentified summary data on:
  • the number of critical incidents reported to the panel
  • the number of critical incidents reviewed by the panel and local review teams
  • systemic learnings identified by the panel or local teams
  • The report will include recommendations to improve the child protection system, including potential changes to statutes, rules, policies, and procedures
  • The panel can make recommendations to the legislature or agencies any time outside the annual report
  • The 2027 annual report must also include an analysis of deidentified aggregate data on critical incidents from 2022–2024 to identify trends and inform recommendations

Significant changes to existing law

• Expanded public access: Adds a mandatory pathway to publicly disclose certain findings and information about child fatalities and near fatalities, with specific content requirements and a posting deadline.
• Strong privacy protections: Keeps confidential and private data shielded, and restricts disclosure of identities of individuals who provided information.
• Strengthened review process: Establishes and codifies joint reviews between the panel and local review teams for specified critical incidents; sets timelines and reporting obligations; authorizes recommendations to various agencies.
• Enhanced accountability reporting: Creates a formal annual, deidentified data-driven report from the panel starting in 2026, plus an data-focused analysis for 2022–2024 in the first year’s report.
• Court-access provision: Provides a mechanism for compelled disclosure via court order if a request is denied.
• Immunity: Maintains good-faith immunity for agencies and employees acting under these disclosure provisions.

Key terms to know (and related terms)

• child fatality
• near fatality
• maltreatment
• local welfare agency
• child mortality review panel
• local child mortality review panel
• local community child protection team
• public disclosure
• deidentified data
• confidential/private data
• joint review
• local review team
• critical incident
• information gathering
• policy and practice changes
• organizational recommendations
• Department of Children Youth and Families (DCYF)

Relevant Terms - child fatalities - near fatalities - maltreatment - public disclosure - deidentified data - critical incident - joint review - local review team - local welfare agency - child mortality review panel - DCYF - confidentiality protections - court order - immunity - annual report - systemic learnings - policy changes