Cross-Reporting Among Agencies That Respond to Child Abuse and Neglect - Minnesota

Date:

Cross-Reporting Between Child Protective Services and Law Enforcement

Citation: Ann. Stat. §§ 260E.12; 260E.20, Subd. 1(b)

The police department or the county sheriff shall immediately notify the local welfare agency or agency responsible for child protection reports under this chapter orally and in writing when a report is received. Written reports received by a police department or the county sheriff shall be forwarded immediately to the local welfare agency or the agency responsible for assessing or investigating the report. The police department or the county sheriff may keep copies of reports received by them.

The county sheriff and the head of each local welfare agency, agency responsible for child protection reports, and police department shall designate a person within the agency, department, or office who is responsible for ensuring that the notification duties of this section are carried out. When a police department or county determines that a child has been the subject of maltreatment by a person licensed by the Professional Educator Licensing and Standards Board or the Board of School Administrators, the department or sheriff shall, in addition to other duties under this section, immediately inform the licensing board.

If a child is the victim of an alleged crime under §§ 609.25 or 609.26, the law enforcement agency immediately shall notify the local welfare agency, which shall offer appropriate social services for the purpose of safeguarding and enhancing the welfare of the maltreated child.

The local welfare agency or agency responsible for child protection reports immediately shall notify the local police department or the county sheriff orally and in writing when a report is received. Copies of written reports received by a local welfare agency or the agency responsible for assessing or investigating the report shall be forwarded immediately to the local police department or the county sheriff.

Receipt by a local welfare agency of a report or notification of a report of kidnapping under § 609.25 or depriving another of custodial or parental rights under § 609.26 shall not be construed to invoke the duties under this chapter, except notification of law enforcement and the offer of services under § 260E.20, subdivision 1(a), as appropriate.

If the report alleges a violation of a criminal statute involving maltreatment or child endangerment under § 609.378, the local law enforcement agency and local welfare agency shall coordinate the planning and execution of their respective investigation and assessment efforts to avoid a duplication of fact-finding efforts and multiple interviews. Each agency shall prepare a separate report of the results of the agency's investigation or assessment.

Other Reporting Requirements

Citation: Ann. Stat. §§ 260E.12; 260E.18; 260.761, Subd. 2

If the alleged maltreatment occurs on Tribal land, the local welfare agency or agency responsible for child protection reports and the local police department or county sheriff shall immediately notify the Tribe's social services agency and Tribal law enforcement orally and in writing when a report is received.

The local welfare agency shall provide immediate notice, according to § 260.761, subdivision 2, to an Indian child's Tribe when the agency has reason to believe the family assessment or investigation may involve an Indian child. For purposes of this section, 'immediate notice' means notice provided within 24 hours.

When a local social services agency has information that a family assessment or investigation being conducted may involve an Indian child, the agency shall notify the Indian child's Tribe of the family assessment or investigation according to § 260E.18. Initial notice shall be provided by telephone and by email or facsimile. The agency shall request that the Tribe or a designated Tribal representative participate in evaluating the family circumstances, identifying family and Tribal community resources, and developing case plans.

When a local social services agency has information that a child receiving services may be an Indian child, the agency shall notify the Tribe, by telephone and by email or facsimile, of the child's full name and date of birth, the full names and dates of birth of the child's birth parents, and, if known, the full names and dates of birth of the child's grandparents and of the child's Indian custodian. This notification must be provided so the Tribe can determine if the child is enrolled in the Tribe or eligible for membership and must be provided within 7 days. If information regarding the child's grandparents or Indian custodian is not available within the 7-day period, the agency shall continue to request this information and shall notify the Tribe when it is received. Notice shall be provided to all Tribes to which the child may have any Tribal lineage. If the identity or location of the child's parent or Indian custodian and Tribe cannot be determined, the local social services agency shall provide the notice required in this paragraph to the U.S. Department of the Interior.

When a court has reason to believe that a child placed in emergency protective care is an Indian child, the court administrator, as soon as possible and before a hearing takes place, shall notify the Tribal social services agency by telephone and by email or facsimile of the date, time, and location of the emergency protective case hearing. The court shall make efforts to allow appearances by telephone for Tribal representatives, parents, and Indian custodians.

A local social services agency must provide the required notices at the earliest possible time to facilitate involvement of the Indian child's Tribe. Nothing in this subdivision is intended to hinder the ability of the agency and the court to respond to an emergency situation. Lack of participation by a Tribe shall not prevent the Tribe from intervening in services and proceedings at a later date. A Tribe may participate at any time. At any stage of the local social services agency's involvement with an Indian child, the agency shall provide full cooperation to the Tribal social services agency, including disclosure of all data concerning the Indian child. Nothing in this subdivision relieves the local social services agency of satisfying the notice requirements in the Indian Child Welfare Act.