Review and Expunction of Central Registries and Reporting Records - Minnesota

Date: May 2018

Right of the Reported Person to Review and Challenge Records
Citation: Ann. Stat. § 260E.33, Subd. 2, 3, 4, 6

Effective July 1, 2024: An individual that the commissioner of human services, a local welfare agency, or the commissioner of education determines has maltreated a child may request the investigating agency to reconsider its final determination regarding maltreatment. The request for reconsideration must be submitted in writing to the investigating agency within 15 calendar days after receipt of notice of the final determination regarding maltreatment.

An individual who was determined to have maltreated a child and who was disqualified based on serious or recurring maltreatment may request reconsideration of the maltreatment determination and the disqualification. The request for reconsideration of the maltreatment determination and disqualification must be submitted within 30 calendar days of the individual's receipt of the notice of disqualification.

If the investigating agency denies the request or fails to act upon the request within 15 working days after receiving the request for reconsideration, the person entitled to a fair hearing may submit a written request for a hearing.

If an individual contests the investigating agency's final determination regarding maltreatment by requesting a fair hearing, the commissioner of human services shall ensure that the hearing is conducted, and a decision is reached within 90 days of receipt of the request for a hearing.

If, as a result of a reconsideration or fair hearing, the investigating agency changes the determination of maltreatment, that agency shall notify every parent, guardian, or legal custodian previously notified of the investigation, the commissioner of the agency responsible for assessing or investigating the report, and the local welfare agency.

If a maltreatment determination or a disqualification based on serious or recurring maltreatment is the basis for a denial of a license or a licensing sanction, the license holder has the right to a contested case hearing. The scope of the contested case hearing shall include the maltreatment determination, disqualification, and licensing sanction or denial of a license.

When Records Must Be Expunged
Citation: Ann. Stat. § 260E.35, Subd. 6

Effective July 1, 2024: A record maintained or a record derived from a report of maltreatment by a local welfare agency, agency responsible for assessing or investigating the report, court services agency, or school shall be destroyed by the responsible authority as follows:

  • For a report alleging maltreatment that was not accepted for an assessment or an investigation, a family assessment case, a noncaregiver sex trafficking assessment case, and a case where an investigation results in no determination of maltreatment or the need for child protective services, the record must be maintained for 5 years after the date that the report was not accepted for assessment or investigation or the date of the final entry in the case record. A record of a report that was not accepted must contain sufficient information to identify the subjects of the report, the nature of the alleged maltreatment, and the reasons why the report was not accepted. Records under this paragraph may not be used for employment, background checks, or purposes other than to assist in future screening decisions and risk and safety assessments.
  • All records relating to reports that, upon investigation, indicate maltreatment or a need for child protective services shall be maintained for 10 years after the date of the final entry in the case record.
  • All records regarding a report of maltreatment, including a notification of intent to interview that was received by a school shall be destroyed by the school when ordered to do so by the agency conducting the assessment or investigation. The agency shall order the destruction of the notification when other records relating to the report under investigation or assessment are destroyed under this subdivision.
  • Private or confidential data released to a court services agency must be destroyed by the court services agency when ordered to do so by the local welfare agency that released the data. The local welfare agency or agency responsible for assessing or investigating the report shall order destruction of the data when other records relating to the assessment or investigation are destroyed under this subdivision.