Review and Expunction of Central Registries and Reporting Records - Minnesota

Right of the Reported Person to Review and Challenge Records

Citation: Ann. Stat. § 626.556, Subd. 10f & 10i

The investigating agency shall notify the parent or guardian of the child who is the subject of the report, and any person or facility determined to have maltreated a child, of their appeal or review rights under this section or § 256.022. Administrative reconsideration is not applicable in family assessments since no determination concerning maltreatment is made.

For an investigation in which an individual or facility has been determined to have maltreated a child, an interested person acting on behalf of the child who contests the investigating agency's final determination regarding maltreatment 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 or, if the request is made by an interested person who is not entitled to notice, within 15 days after receipt of the notice by the parent or guardian of the child.

Effective January 1, 2002, an individual who was determined to have maltreated a child and who was disqualified for employment or licensure 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 the 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 or facility entitled to a fair hearing may submit to the Commissioner of Human Services or the Commissioner of Education a written request for a hearing. For reports involving maltreatment of a child in a facility, an interested person acting on behalf of the child may request a review by the Child Maltreatment Review Panel under § 256.022 if the investigating agency denies the request or fails to act upon the request or if the interested person contests a reconsidered determination. The investigating agency shall notify persons who request reconsideration of their rights under this paragraph. The request must be submitted in writing to the review panel and a copy sent to the investigating agency within 30 calendar days of receipt of notice of a denial of a request for reconsideration or of a reconsidered determination. The request must specifically identify the aspects of the agency determination with which the person is dissatisfied. If, as a result of a reconsideration or review, the investigating agency changes the final determination of maltreatment, that agency shall notify the parties specified in subdivisions 10b, 10d, and 10f.

If an individual or facility contests the investigating agency's final determination regarding maltreatment by requesting a fair hearing under § 256.045, 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. The time for action on the decision may be extended for as many days as the hearing is postponed or the record is held open for the benefit of either party.

When Records Must Be Expunged

Citation: Ann. Stat. § 626.556, Subd. 11c

Records maintained or records derived from reports of abuse by local welfare agencies, agencies responsible for assessing or investigating the report, or court services agencies shall be destroyed by the responsible authority under the following circumstances:

• For reports alleging child maltreatment that were not accepted for assessment or investigation, family assessment cases, and cases in which an investigation results in no determination of maltreatment or the need for child protective services, the records must be maintained for a period of 5 years after the date the report was not accepted for assessment or investigation or of the final entry in the case record and then destroyed.
• All records relating to reports that, upon investigation, indicate either 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 and then destroyed.
• All records regarding a report of maltreatment, including any 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.
• 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 shall order destruction of the data when other records relating to the assessment or investigation are destroyed.