relating to BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

338.17    Section 1. Minnesota Statutes 2012, section 16C.10, subdivision 5, is amended to read:
338.18    Subd. 5. Specific purchases. The solicitation process described in this chapter is
338.19not required for acquisition of the following:
338.20(1) merchandise for resale purchased under policies determined by the commissioner;
338.21(2) farm and garden products which, as determined by the commissioner, may be
338.22purchased at the prevailing market price on the date of sale;
338.23(3) goods and services from the Minnesota correctional facilities;
338.24(4) goods and services from rehabilitation facilities and extended employment
338.25providers that are certified by the commissioner of employment and economic
338.26development, and day training and habilitation services licensed under sections 245B.01
338.27to 245B.08 chapter 245D;
338.28(5) goods and services for use by a community-based facility operated by the
338.29commissioner of human services;
338.30(6) goods purchased at auction or when submitting a sealed bid at auction provided
338.31that before authorizing such an action, the commissioner consult with the requesting
338.32agency to determine a fair and reasonable value for the goods considering factors
338.33including, but not limited to, costs associated with submitting a bid, travel, transportation,
338.34and storage. This fair and reasonable value must represent the limit of the state's bid;
339.1(7) utility services where no competition exists or where rates are fixed by law or
339.2ordinance; and
339.3(8) goods and services from Minnesota sex offender program facilities.
339.4EFFECTIVE DATE.This section is effective January 1, 2014.

339.5    Sec. 2. Minnesota Statutes 2012, section 16C.155, subdivision 1, is amended to read:
339.6    Subdivision 1. Service contracts. The commissioner of administration shall
339.7ensure that a portion of all contracts for janitorial services; document imaging;
339.8document shredding; and mailing, collating, and sorting services be awarded by the
339.9state to rehabilitation programs and extended employment providers that are certified
339.10by the commissioner of employment and economic development, and day training and
339.11habilitation services licensed under sections 245B.01 to 245B.08 chapter 245D. The
339.12amount of each contract awarded under this section may exceed the estimated fair market
339.13price as determined by the commissioner for the same goods and services by up to six
339.14percent. The aggregate value of the contracts awarded to eligible providers under this
339.15section in any given year must exceed 19 percent of the total value of all contracts for
339.16janitorial services; document imaging; document shredding; and mailing, collating, and
339.17sorting services entered into in the same year. For the 19 percent requirement to be
339.18applicable in any given year, the contract amounts proposed by eligible providers must be
339.19within six percent of the estimated fair market price for at least 19 percent of the contracts
339.20awarded for the corresponding service area.
339.21EFFECTIVE DATE.This section is effective January 1, 2014.

339.22    Sec. 3. Minnesota Statutes 2012, section 144D.01, subdivision 4, is amended to read:
339.23    Subd. 4. Housing with services establishment or establishment. (a) "Housing
339.24with services establishment" or "establishment" means:
339.25(1) an establishment providing sleeping accommodations to one or more adult
339.26residents, at least 80 percent of which are 55 years of age or older, and offering or
339.27providing, for a fee, one or more regularly scheduled health-related services or two or
339.28more regularly scheduled supportive services, whether offered or provided directly by the
339.29establishment or by another entity arranged for by the establishment; or
339.30(2) an establishment that registers under section 144D.025.
339.31(b) Housing with services establishment does not include:
339.32(1) a nursing home licensed under chapter 144A;
340.1(2) a hospital, certified boarding care home, or supervised living facility licensed
340.2under sections 144.50 to 144.56;
340.3(3) a board and lodging establishment licensed under chapter 157 and Minnesota
340.4Rules, parts 9520.0500 to 9520.0670, 9525.0215 to 9525.0355, 9525.0500 to 9525.0660,
340.5or 9530.4100 to 9530.4450, or under chapter 245B 245D;
340.6(4) a board and lodging establishment which serves as a shelter for battered women
340.7or other similar purpose;
340.8(5) a family adult foster care home licensed by the Department of Human Services;
340.9(6) private homes in which the residents are related by kinship, law, or affinity with
340.10the providers of services;
340.11(7) residential settings for persons with developmental disabilities in which the
340.12services are licensed under Minnesota Rules, parts 9525.2100 to 9525.2140, or applicable
340.13successor rules or laws;
340.14(8) a home-sharing arrangement such as when an elderly or disabled person or
340.15single-parent family makes lodging in a private residence available to another person
340.16in exchange for services or rent, or both;
340.17(9) a duly organized condominium, cooperative, common interest community, or
340.18owners' association of the foregoing where at least 80 percent of the units that comprise the
340.19condominium, cooperative, or common interest community are occupied by individuals
340.20who are the owners, members, or shareholders of the units; or
340.21(10) services for persons with developmental disabilities that are provided under
340.22a license according to Minnesota Rules, parts 9525.2000 to 9525.2140 in effect until
340.23January 1, 1998, or under chapter 245B 245D.
340.24EFFECTIVE DATE.This section is effective January 1, 2014.

340.25    Sec. 4. Minnesota Statutes 2012, section 174.30, subdivision 1, is amended to read:
340.26    Subdivision 1. Applicability. (a) The operating standards for special transportation
340.27service adopted under this section do not apply to special transportation provided by:
340.28(1) a common carrier operating on fixed routes and schedules;
340.29(2) a volunteer driver using a private automobile;
340.30(3) a school bus as defined in section 169.011, subdivision 71; or
340.31(4) an emergency ambulance regulated under chapter 144.
340.32(b) The operating standards adopted under this section only apply to providers
340.33of special transportation service who receive grants or other financial assistance from
340.34either the state or the federal government, or both, to provide or assist in providing that
340.35service; except that the operating standards adopted under this section do not apply
341.1to any nursing home licensed under section 144A.02, to any board and care facility
341.2licensed under section 144.50, or to any day training and habilitation services, day care,
341.3or group home facility licensed under sections 245A.01 to 245A.19 unless the facility or
341.4program provides transportation to nonresidents on a regular basis and the facility receives
341.5reimbursement, other than per diem payments, for that service under rules promulgated
341.6by the commissioner of human services.
341.7(c) Notwithstanding paragraph (b), the operating standards adopted under this
341.8section do not apply to any vendor of services licensed under chapter 245B 245D that
341.9provides transportation services to consumers or residents of other vendors licensed under
341.10chapter 245B 245D and transports 15 or fewer persons, including consumers or residents
341.11and the driver.
341.12EFFECTIVE DATE.This section is effective January 1, 2014.

341.13    Sec. 5. Minnesota Statutes 2012, section 245A.02, subdivision 1, is amended to read:
341.14    Subdivision 1. Scope. The terms used in this chapter and chapter 245B have the
341.15meanings given them in this section.
341.16EFFECTIVE DATE.This section is effective January 1, 2014.

341.17    Sec. 6. Minnesota Statutes 2012, section 245A.02, subdivision 9, is amended to read:
341.18    Subd. 9. License holder. "License holder" means an individual, corporation,
341.19partnership, voluntary association, or other organization that is legally responsible for the
341.20operation of the program, has been granted a license by the commissioner under this chapter
341.21or chapter 245B 245D and the rules of the commissioner, and is a controlling individual.
341.22EFFECTIVE DATE.This section is effective January 1, 2014.

341.23    Sec. 7. Minnesota Statutes 2012, section 245A.03, subdivision 9, is amended to read:
341.24    Subd. 9. Permitted services by an individual who is related. Notwithstanding
341.25subdivision 2, paragraph (a), clause (1), and subdivision 7, an individual who is related to a
341.26person receiving supported living services may provide licensed services to that person if:
341.27(1) the person who receives supported living services received these services in a
341.28residential site on July 1, 2005;
341.29(2) the services under clause (1) were provided in a corporate foster care setting for
341.30adults and were funded by the developmental disabilities home and community-based
341.31services waiver defined in section 256B.092;
342.1(3) the individual who is related obtains and maintains both a license under chapter
342.2245B 245D and an adult foster care license under Minnesota Rules, parts 9555.5105
342.3to 9555.6265; and
342.4(4) the individual who is related is not the guardian of the person receiving supported
342.5living services.
342.6EFFECTIVE DATE.This section is effective January 1, 2014.

342.7    Sec. 8. Minnesota Statutes 2012, section 245A.04, subdivision 13, is amended to read:
342.8    Subd. 13. Funds and property; other requirements. (a) A license holder must
342.9ensure that persons served by the program retain the use and availability of personal funds
342.10or property unless restrictions are justified in the person's individual plan. This subdivision
342.11does not apply to programs governed by the provisions in section 245B.07, subdivision 10.
342.12(b) The license holder must ensure separation of funds of persons served by the
342.13program from funds of the license holder, the program, or program staff.
342.14(c) Whenever the license holder assists a person served by the program with the
342.15safekeeping of funds or other property, the license holder must:
342.16(1) immediately document receipt and disbursement of the person's funds or other
342.17property at the time of receipt or disbursement, including the person's signature, or the
342.18signature of the conservator or payee; and
342.19(2) return to the person upon the person's request, funds and property in the license
342.20holder's possession subject to restrictions in the person's treatment plan, as soon as
342.21possible, but no later than three working days after the date of request.
342.22(d) License holders and program staff must not:
342.23(1) borrow money from a person served by the program;
342.24(2) purchase personal items from a person served by the program;
342.25(3) sell merchandise or personal services to a person served by the program;
342.26(4) require a person served by the program to purchase items for which the license
342.27holder is eligible for reimbursement; or
342.28(5) use funds of persons served by the program to purchase items for which the
342.29facility is already receiving public or private payments.
342.30EFFECTIVE DATE.This section is effective January 1, 2014.

342.31    Sec. 9. Minnesota Statutes 2012, section 245A.07, subdivision 3, is amended to read:
342.32    Subd. 3. License suspension, revocation, or fine. (a) The commissioner may
342.33suspend or revoke a license, or impose a fine if:
343.1(1) a license holder fails to comply fully with applicable laws or rules;
343.2(2) a license holder, a controlling individual, or an individual living in the household
343.3where the licensed services are provided or is otherwise subject to a background study has
343.4a disqualification which has not been set aside under section 245C.22;
343.5(3) a license holder knowingly withholds relevant information from or gives false
343.6or misleading information to the commissioner in connection with an application for
343.7a license, in connection with the background study status of an individual, during an
343.8investigation, or regarding compliance with applicable laws or rules; or
343.9(4) after July 1, 2012, and upon request by the commissioner, a license holder fails
343.10to submit the information required of an applicant under section 245A.04, subdivision 1,
343.11paragraph (f) or (g).
343.12A license holder who has had a license suspended, revoked, or has been ordered
343.13to pay a fine must be given notice of the action by certified mail or personal service. If
343.14mailed, the notice must be mailed to the address shown on the application or the last
343.15known address of the license holder. The notice must state the reasons the license was
343.16suspended, revoked, or a fine was ordered.
343.17    (b) If the license was suspended or revoked, the notice must inform the license
343.18holder of the right to a contested case hearing under chapter 14 and Minnesota Rules, parts
343.191400.8505 to 1400.8612. The license holder may appeal an order suspending or revoking
343.20a license. The appeal of an order suspending or revoking a license must be made in writing
343.21by certified mail or personal service. If mailed, the appeal must be postmarked and sent to
343.22the commissioner within ten calendar days after the license holder receives notice that the
343.23license has been suspended or revoked. If a request is made by personal service, it must be
343.24received by the commissioner within ten calendar days after the license holder received
343.25the order. Except as provided in subdivision 2a, paragraph (c), if a license holder submits
343.26a timely appeal of an order suspending or revoking a license, the license holder may
343.27continue to operate the program as provided in section 245A.04, subdivision 7, paragraphs
343.28(g) and (h), until the commissioner issues a final order on the suspension or revocation.
343.29    (c)(1) If the license holder was ordered to pay a fine, the notice must inform the
343.30license holder of the responsibility for payment of fines and the right to a contested case
343.31hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The appeal
343.32of an order to pay a fine must be made in writing by certified mail or personal service. If
343.33mailed, the appeal must be postmarked and sent to the commissioner within ten calendar
343.34days after the license holder receives notice that the fine has been ordered. If a request is
343.35made by personal service, it must be received by the commissioner within ten calendar
343.36days after the license holder received the order.
344.1    (2) The license holder shall pay the fines assessed on or before the payment date
344.2specified. If the license holder fails to fully comply with the order, the commissioner
344.3may issue a second fine or suspend the license until the license holder complies. If the
344.4license holder receives state funds, the state, county, or municipal agencies or departments
344.5responsible for administering the funds shall withhold payments and recover any payments
344.6made while the license is suspended for failure to pay a fine. A timely appeal shall stay
344.7payment of the fine until the commissioner issues a final order.
344.8    (3) A license holder shall promptly notify the commissioner of human services,
344.9in writing, when a violation specified in the order to forfeit a fine is corrected. If upon
344.10reinspection the commissioner determines that a violation has not been corrected as
344.11indicated by the order to forfeit a fine, the commissioner may issue a second fine. The
344.12commissioner shall notify the license holder by certified mail or personal service that a
344.13second fine has been assessed. The license holder may appeal the second fine as provided
344.14under this subdivision.
344.15    (4) Fines shall be assessed as follows: the license holder shall forfeit $1,000 for
344.16each determination of maltreatment of a child under section 626.556 or the maltreatment
344.17of a vulnerable adult under section 626.557 for which the license holder is determined
344.18responsible for the maltreatment under section 626.556, subdivision 10e, paragraph (i),
344.19or 626.557, subdivision 9c, paragraph (c); the license holder shall forfeit $200 for each
344.20occurrence of a violation of law or rule governing matters of health, safety, or supervision,
344.21including but not limited to the provision of adequate staff-to-child or adult ratios, and
344.22failure to comply with background study requirements under chapter 245C; and the license
344.23holder shall forfeit $100 for each occurrence of a violation of law or rule other than
344.24those subject to a $1,000 or $200 fine above. For purposes of this section, "occurrence"
344.25means each violation identified in the commissioner's fine order. Fines assessed against a
344.26license holder that holds a license to provide the residential-based habilitation home and
344.27community-based services, as defined under identified in section 245B.02, subdivision
344.2820 245D.03, subdivision 1, and a community residential setting or day services facility
344.29license to provide foster care under chapter 245D where the services are provided, may be
344.30assessed against both licenses for the same occurrence, but the combined amount of the
344.31fines shall not exceed the amount specified in this clause for that occurrence.
344.32    (5) When a fine has been assessed, the license holder may not avoid payment by
344.33closing, selling, or otherwise transferring the licensed program to a third party. In such an
344.34event, the license holder will be personally liable for payment. In the case of a corporation,
344.35each controlling individual is personally and jointly liable for payment.
345.1(d) Except for background study violations involving the failure to comply with an
345.2order to immediately remove an individual or an order to provide continuous, direct
345.3supervision, the commissioner shall not issue a fine under paragraph (c) relating to a
345.4background study violation to a license holder who self-corrects a background study
345.5violation before the commissioner discovers the violation. A license holder who has
345.6previously exercised the provisions of this paragraph to avoid a fine for a background
345.7study violation may not avoid a fine for a subsequent background study violation unless at
345.8least 365 days have passed since the license holder self-corrected the earlier background
345.9study violation.
345.10EFFECTIVE DATE.This section is effective January 1, 2014.

345.11    Sec. 10. Minnesota Statutes 2012, section 256B.0625, subdivision 19c, is amended to
345.12read:
345.13    Subd. 19c. Personal care. Medical assistance covers personal care assistance
345.14services provided by an individual who is qualified to provide the services according to
345.15subdivision 19a and sections 256B.0651 to 256B.0656, provided in accordance with a
345.16plan, and supervised by a qualified professional.
345.17"Qualified professional" means a mental health professional as defined in section
345.18245.462, subdivision 18 , clauses (1) to (6), or 245.4871, subdivision 27, clauses (1) to (6);
345.19or a registered nurse as defined in sections 148.171 to 148.285, a licensed social worker
345.20as defined in sections 148E.010 and 148E.055, or a qualified developmental disabilities
345.21specialist under section 245B.07, subdivision 4 designated coordinator under section
345.22245D.081, subdivision 2. The qualified professional shall perform the duties required in
345.23section 256B.0659.
345.24EFFECTIVE DATE.This section is effective January 1, 2014.

345.25    Sec. 11. Minnesota Statutes 2012, section 256B.5011, subdivision 2, is amended to read:
345.26    Subd. 2. Contract provisions. (a) The service contract with each intermediate
345.27care facility must include provisions for:
345.28(1) modifying payments when significant changes occur in the needs of the
345.29consumers;
345.30(2) appropriate and necessary statistical information required by the commissioner;
345.31(3) annual aggregate facility financial information; and
345.32(4) additional requirements for intermediate care facilities not meeting the standards
345.33set forth in the service contract.
346.1(b) The commissioner of human services and the commissioner of health, in
346.2consultation with representatives from counties, advocacy organizations, and the provider
346.3community, shall review the consolidated standards under chapter 245B and the home and
346.4community-based services standards under chapter 245D and the supervised living facility
346.5rule under Minnesota Rules, chapter 4665, to determine what provisions in Minnesota
346.6Rules, chapter 4665, may be waived by the commissioner of health for intermediate care
346.7facilities in order to enable facilities to implement the performance measures in their
346.8contract and provide quality services to residents without a duplication of or increase in
346.9regulatory requirements.
346.10EFFECTIVE DATE.This section is effective January 1, 2014.

346.11    Sec. 12. Minnesota Statutes 2012, section 471.59, subdivision 1, is amended to read:
346.12    Subdivision 1. Agreement. Two or more governmental units, by agreement entered
346.13into through action of their governing bodies, may jointly or cooperatively exercise
346.14any power common to the contracting parties or any similar powers, including those
346.15which are the same except for the territorial limits within which they may be exercised.
346.16The agreement may provide for the exercise of such powers by one or more of the
346.17participating governmental units on behalf of the other participating units. The term
346.18"governmental unit" as used in this section includes every city, county, town, school
346.19district, independent nonprofit firefighting corporation, other political subdivision of
346.20this or another state, another state, federally recognized Indian tribe, the University
346.21of Minnesota, the Minnesota Historical Society, nonprofit hospitals licensed under
346.22sections 144.50 to 144.56, rehabilitation facilities and extended employment providers
346.23that are certified by the commissioner of employment and economic development, day
346.24training and habilitation services licensed under sections 245B.01 to 245B.08, day and
346.25supported employment services licensed under chapter 245D, and any agency of the state
346.26of Minnesota or the United States, and includes any instrumentality of a governmental
346.27unit. For the purpose of this section, an instrumentality of a governmental unit means an
346.28instrumentality having independent policy-making and appropriating authority.
346.29EFFECTIVE DATE.This section is effective January 1, 2014.

346.30    Sec. 13. Minnesota Statutes 2012, section 626.556, subdivision 2, is amended to read:
346.31    Subd. 2. Definitions. As used in this section, the following terms have the meanings
346.32given them unless the specific content indicates otherwise:
347.1    (a) "Family assessment" means a comprehensive assessment of child safety, risk
347.2of subsequent child maltreatment, and family strengths and needs that is applied to a
347.3child maltreatment report that does not allege substantial child endangerment. Family
347.4assessment does not include a determination as to whether child maltreatment occurred
347.5but does determine the need for services to address the safety of family members and the
347.6risk of subsequent maltreatment.
347.7    (b) "Investigation" means fact gathering related to the current safety of a child
347.8and the risk of subsequent maltreatment that determines whether child maltreatment
347.9occurred and whether child protective services are needed. An investigation must be used
347.10when reports involve substantial child endangerment, and for reports of maltreatment in
347.11facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to
347.12144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and
347.1313, and 124D.10; or in a nonlicensed personal care provider association as defined in
347.14sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.
347.15    (c) "Substantial child endangerment" means a person responsible for a child's care,
347.16and in the case of sexual abuse includes a person who has a significant relationship to the
347.17child as defined in section 609.341, or a person in a position of authority as defined in
347.18section 609.341, who by act or omission commits or attempts to commit an act against a
347.19child under their care that constitutes any of the following:
347.20    (1) egregious harm as defined in section 260C.007, subdivision 14;
347.21    (2) sexual abuse as defined in paragraph (d);
347.22    (3) abandonment under section 260C.301, subdivision 2;
347.23    (4) neglect as defined in paragraph (f), clause (2), that substantially endangers the
347.24child's physical or mental health, including a growth delay, which may be referred to as
347.25failure to thrive, that has been diagnosed by a physician and is due to parental neglect;
347.26    (5) murder in the first, second, or third degree under section 609.185, 609.19, or
347.27609.195 ;
347.28    (6) manslaughter in the first or second degree under section 609.20 or 609.205;
347.29    (7) assault in the first, second, or third degree under section 609.221, 609.222, or
347.30609.223 ;
347.31    (8) solicitation, inducement, and promotion of prostitution under section 609.322;
347.32    (9) criminal sexual conduct under sections 609.342 to 609.3451;
347.33    (10) solicitation of children to engage in sexual conduct under section 609.352;
347.34    (11) malicious punishment or neglect or endangerment of a child under section
347.35609.377 or 609.378;
347.36    (12) use of a minor in sexual performance under section 617.246; or
348.1    (13) parental behavior, status, or condition which mandates that the county attorney
348.2file a termination of parental rights petition under section 260C.301, subdivision 3,
348.3paragraph (a).
348.4    (d) "Sexual abuse" means the subjection of a child by a person responsible for the
348.5child's care, by a person who has a significant relationship to the child, as defined in
348.6section 609.341, or by a person in a position of authority, as defined in section 609.341,
348.7subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual
348.8conduct in the first degree), 609.343 (criminal sexual conduct in the second degree),
348.9609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct
348.10in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual
348.11abuse also includes any act which involves a minor which constitutes a violation of
348.12prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes
348.13threatened sexual abuse which includes the status of a parent or household member
348.14who has committed a violation which requires registration as an offender under section
348.15243.166, subdivision 1b, paragraph (a) or (b), or required registration under section
348.16243.166, subdivision 1b, paragraph (a) or (b).
348.17    (e) "Person responsible for the child's care" means (1) an individual functioning
348.18within the family unit and having responsibilities for the care of the child such as a
348.19parent, guardian, or other person having similar care responsibilities, or (2) an individual
348.20functioning outside the family unit and having responsibilities for the care of the child
348.21such as a teacher, school administrator, other school employees or agents, or other lawful
348.22custodian of a child having either full-time or short-term care responsibilities including,
348.23but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching,
348.24and coaching.
348.25    (f) "Neglect" means the commission or omission of any of the acts specified under
348.26clauses (1) to (9), other than by accidental means:
348.27    (1) failure by a person responsible for a child's care to supply a child with necessary
348.28food, clothing, shelter, health, medical, or other care required for the child's physical or
348.29mental health when reasonably able to do so;
348.30    (2) failure to protect a child from conditions or actions that seriously endanger the
348.31child's physical or mental health when reasonably able to do so, including a growth delay,
348.32which may be referred to as a failure to thrive, that has been diagnosed by a physician and
348.33is due to parental neglect;
348.34    (3) failure to provide for necessary supervision or child care arrangements
348.35appropriate for a child after considering factors as the child's age, mental ability, physical
349.1condition, length of absence, or environment, when the child is unable to care for the
349.2child's own basic needs or safety, or the basic needs or safety of another child in their care;
349.3    (4) failure to ensure that the child is educated as defined in sections 120A.22 and
349.4260C.163, subdivision 11 , which does not include a parent's refusal to provide the parent's
349.5child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;
349.6    (5) nothing in this section shall be construed to mean that a child is neglected solely
349.7because the child's parent, guardian, or other person responsible for the child's care in
349.8good faith selects and depends upon spiritual means or prayer for treatment or care of
349.9disease or remedial care of the child in lieu of medical care; except that a parent, guardian,
349.10or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report
349.11if a lack of medical care may cause serious danger to the child's health. This section does
349.12not impose upon persons, not otherwise legally responsible for providing a child with
349.13necessary food, clothing, shelter, education, or medical care, a duty to provide that care;
349.14    (6) prenatal exposure to a controlled substance, as defined in section 253B.02,
349.15subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal
349.16symptoms in the child at birth, results of a toxicology test performed on the mother at
349.17delivery or the child at birth, medical effects or developmental delays during the child's
349.18first year of life that medically indicate prenatal exposure to a controlled substance, or the
349.19presence of a fetal alcohol spectrum disorder;
349.20    (7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);
349.21    (8) chronic and severe use of alcohol or a controlled substance by a parent or
349.22person responsible for the care of the child that adversely affects the child's basic needs
349.23and safety; or
349.24    (9) emotional harm from a pattern of behavior which contributes to impaired
349.25emotional functioning of the child which may be demonstrated by a substantial and
349.26observable effect in the child's behavior, emotional response, or cognition that is not
349.27within the normal range for the child's age and stage of development, with due regard to
349.28the child's culture.
349.29    (g) "Physical abuse" means any physical injury, mental injury, or threatened injury,
349.30inflicted by a person responsible for the child's care on a child other than by accidental
349.31means, or any physical or mental injury that cannot reasonably be explained by the child's
349.32history of injuries, or any aversive or deprivation procedures, or regulated interventions,
349.33that have not been authorized under section 121A.67 or 245.825.
349.34    Abuse does not include reasonable and moderate physical discipline of a child
349.35administered by a parent or legal guardian which does not result in an injury. Abuse does
349.36not include the use of reasonable force by a teacher, principal, or school employee as
350.1allowed by section 121A.582. Actions which are not reasonable and moderate include,
350.2but are not limited to, any of the following that are done in anger or without regard to the
350.3safety of the child:
350.4    (1) throwing, kicking, burning, biting, or cutting a child;
350.5    (2) striking a child with a closed fist;
350.6    (3) shaking a child under age three;
350.7    (4) striking or other actions which result in any nonaccidental injury to a child
350.8under 18 months of age;
350.9    (5) unreasonable interference with a child's breathing;
350.10    (6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;
350.11    (7) striking a child under age one on the face or head;
350.12    (8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled
350.13substances which were not prescribed for the child by a practitioner, in order to control or
350.14punish the child; or other substances that substantially affect the child's behavior, motor
350.15coordination, or judgment or that results in sickness or internal injury, or subjects the
350.16child to medical procedures that would be unnecessary if the child were not exposed
350.17to the substances;
350.18    (9) unreasonable physical confinement or restraint not permitted under section
350.19609.379 , including but not limited to tying, caging, or chaining; or
350.20    (10) in a school facility or school zone, an act by a person responsible for the child's
350.21care that is a violation under section 121A.58.
350.22    (h) "Report" means any report received by the local welfare agency, police
350.23department, county sheriff, or agency responsible for assessing or investigating
350.24maltreatment pursuant to this section.
350.25    (i) "Facility" means:
350.26    (1) a licensed or unlicensed day care facility, residential facility, agency, hospital,
350.27sanitarium, or other facility or institution required to be licensed under sections 144.50 to
350.28144.58 , 241.021, or 245A.01 to 245A.16, or chapter 245B 245D;
350.29    (2) a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and
350.30124D.10 ; or
350.31    (3) a nonlicensed personal care provider organization as defined in sections 256B.04,
350.32subdivision 16, and 256B.0625, subdivision 19a.
350.33    (j) "Operator" means an operator or agency as defined in section 245A.02.
350.34    (k) "Commissioner" means the commissioner of human services.
351.1    (l) "Practice of social services," for the purposes of subdivision 3, includes but is
351.2not limited to employee assistance counseling and the provision of guardian ad litem and
351.3parenting time expeditor services.
351.4    (m) "Mental injury" means an injury to the psychological capacity or emotional
351.5stability of a child as evidenced by an observable or substantial impairment in the child's
351.6ability to function within a normal range of performance and behavior with due regard to
351.7the child's culture.
351.8    (n) "Threatened injury" means a statement, overt act, condition, or status that
351.9represents a substantial risk of physical or sexual abuse or mental injury. Threatened
351.10injury includes, but is not limited to, exposing a child to a person responsible for the
351.11child's care, as defined in paragraph (e), clause (1), who has:
351.12    (1) subjected a child to, or failed to protect a child from, an overt act or condition
351.13that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a
351.14similar law of another jurisdiction;
351.15    (2) been found to be palpably unfit under section 260C.301, paragraph (b), clause
351.16(4), or a similar law of another jurisdiction;
351.17    (3) committed an act that has resulted in an involuntary termination of parental rights
351.18under section 260C.301, or a similar law of another jurisdiction; or
351.19    (4) committed an act that has resulted in the involuntary transfer of permanent
351.20legal and physical custody of a child to a relative under Minnesota Statutes 2010, section
351.21260C.201, subdivision 11 , paragraph (d), clause (1), section 260C.515, subdivision 4, or a
351.22similar law of another jurisdiction.
351.23A child is the subject of a report of threatened injury when the responsible social
351.24services agency receives birth match data under paragraph (o) from the Department of
351.25Human Services.
351.26(o) Upon receiving data under section 144.225, subdivision 2b, contained in a
351.27birth record or recognition of parentage identifying a child who is subject to threatened
351.28injury under paragraph (n), the Department of Human Services shall send the data to the
351.29responsible social services agency. The data is known as "birth match" data. Unless the
351.30responsible social services agency has already begun an investigation or assessment of the
351.31report due to the birth of the child or execution of the recognition of parentage and the
351.32parent's previous history with child protection, the agency shall accept the birth match
351.33data as a report under this section. The agency may use either a family assessment or
351.34investigation to determine whether the child is safe. All of the provisions of this section
351.35apply. If the child is determined to be safe, the agency shall consult with the county
351.36attorney to determine the appropriateness of filing a petition alleging the child is in need
352.1of protection or services under section 260C.007, subdivision 6, clause (16), in order to
352.2deliver needed services. If the child is determined not to be safe, the agency and the county
352.3attorney shall take appropriate action as required under section 260C.301, subdivision 3.
352.4    (p) Persons who conduct assessments or investigations under this section shall take
352.5into account accepted child-rearing practices of the culture in which a child participates
352.6and accepted teacher discipline practices, which are not injurious to the child's health,
352.7welfare, and safety.
352.8    (q) "Accidental" means a sudden, not reasonably foreseeable, and unexpected
352.9occurrence or event which:
352.10    (1) is not likely to occur and could not have been prevented by exercise of due
352.11care; and
352.12    (2) if occurring while a child is receiving services from a facility, happens when the
352.13facility and the employee or person providing services in the facility are in compliance
352.14with the laws and rules relevant to the occurrence or event.
352.15(r) "Nonmaltreatment mistake" means:
352.16(1) at the time of the incident, the individual was performing duties identified in the
352.17center's child care program plan required under Minnesota Rules, part 9503.0045;
352.18(2) the individual has not been determined responsible for a similar incident that
352.19resulted in a finding of maltreatment for at least seven years;
352.20(3) the individual has not been determined to have committed a similar
352.21nonmaltreatment mistake under this paragraph for at least four years;
352.22(4) any injury to a child resulting from the incident, if treated, is treated only with
352.23remedies that are available over the counter, whether ordered by a medical professional or
352.24not; and
352.25(5) except for the period when the incident occurred, the facility and the individual
352.26providing services were both in compliance with all licensing requirements relevant to the
352.27incident.
352.28This definition only applies to child care centers licensed under Minnesota
352.29Rules, chapter 9503. If clauses (1) to (5) apply, rather than making a determination of
352.30substantiated maltreatment by the individual, the commissioner of human services shall
352.31determine that a nonmaltreatment mistake was made by the individual.
352.32EFFECTIVE DATE.This section is effective January 1, 2014.

352.33    Sec. 14. Minnesota Statutes 2012, section 626.556, subdivision 3, is amended to read:
352.34    Subd. 3. Persons mandated to report. (a) A person who knows or has reason
352.35to believe a child is being neglected or physically or sexually abused, as defined in
353.1subdivision 2, or has been neglected or physically or sexually abused within the preceding
353.2three years, shall immediately report the information to the local welfare agency, agency
353.3responsible for assessing or investigating the report, police department, or the county
353.4sheriff if the person is:
353.5    (1) a professional or professional's delegate who is engaged in the practice of
353.6the healing arts, social services, hospital administration, psychological or psychiatric
353.7treatment, child care, education, correctional supervision, probation and correctional
353.8services, or law enforcement; or
353.9    (2) employed as a member of the clergy and received the information while
353.10engaged in ministerial duties, provided that a member of the clergy is not required by
353.11this subdivision to report information that is otherwise privileged under section 595.02,
353.12subdivision 1 , paragraph (c).
353.13    The police department or the county sheriff, upon receiving a report, shall
353.14immediately notify the local welfare agency or agency responsible for assessing or
353.15investigating the report, orally and in writing. The local welfare agency, or agency
353.16responsible for assessing or investigating the report, upon receiving a report, shall
353.17immediately notify the local police department or the county sheriff orally and in writing.
353.18The county sheriff and the head of every local welfare agency, agency responsible
353.19for assessing or investigating reports, and police department shall each designate a
353.20person within their agency, department, or office who is responsible for ensuring that
353.21the notification duties of this paragraph and paragraph (b) are carried out. Nothing in
353.22this subdivision shall be construed to require more than one report from any institution,
353.23facility, school, or agency.
353.24    (b) Any person may voluntarily report to the local welfare agency, agency responsible
353.25for assessing or investigating the report, police department, or the county sheriff if the
353.26person knows, has reason to believe, or suspects a child is being or has been neglected or
353.27subjected to physical or sexual abuse. The police department or the county sheriff, upon
353.28receiving a report, shall immediately notify the local welfare agency or agency responsible
353.29for assessing or investigating the report, orally and in writing. The local welfare agency or
353.30agency responsible for assessing or investigating the report, upon receiving a report, shall
353.31immediately notify the local police department or the county sheriff orally and in writing.
353.32    (c) A person mandated to report physical or sexual child abuse or neglect occurring
353.33within a licensed facility shall report the information to the agency responsible for
353.34licensing the facility under sections 144.50 to 144.58; 241.021; 245A.01 to 245A.16; or
353.35chapter 245B 245D; or a nonlicensed personal care provider organization as defined in
353.36sections 256B.04, subdivision 16; and 256B.0625, subdivision 19. A health or corrections
354.1agency receiving a report may request the local welfare agency to provide assistance
354.2pursuant to subdivisions 10, 10a, and 10b. A board or other entity whose licensees
354.3perform work within a school facility, upon receiving a complaint of alleged maltreatment,
354.4shall provide information about the circumstances of the alleged maltreatment to the
354.5commissioner of education. Section 13.03, subdivision 4, applies to data received by the
354.6commissioner of education from a licensing entity.
354.7    (d) Any person mandated to report shall receive a summary of the disposition of
354.8any report made by that reporter, including whether the case has been opened for child
354.9protection or other services, or if a referral has been made to a community organization,
354.10unless release would be detrimental to the best interests of the child. Any person who is
354.11not mandated to report shall, upon request to the local welfare agency, receive a concise
354.12summary of the disposition of any report made by that reporter, unless release would be
354.13detrimental to the best interests of the child.
354.14    (e) For purposes of this section, "immediately" means as soon as possible but in
354.15no event longer than 24 hours.
354.16EFFECTIVE DATE.This section is effective January 1, 2014.

354.17    Sec. 15. Minnesota Statutes 2012, section 626.556, subdivision 10d, is amended to read:
354.18    Subd. 10d. Notification of neglect or abuse in facility. (a) When a report is
354.19received that alleges neglect, physical abuse, sexual abuse, or maltreatment of a child while
354.20in the care of a licensed or unlicensed day care facility, residential facility, agency, hospital,
354.21sanitarium, or other facility or institution required to be licensed according to sections
354.22144.50 to 144.58; 241.021; or 245A.01 to 245A.16; or chapter 245B 245D, or a school as
354.23defined in sections 120A.05, subdivisions 9, 11, and 13; and 124D.10; or a nonlicensed
354.24personal care provider organization as defined in section 256B.04, subdivision 16, and
354.25256B.0625, subdivision 19a , the commissioner of the agency responsible for assessing
354.26or investigating the report or local welfare agency investigating the report shall provide
354.27the following information to the parent, guardian, or legal custodian of a child alleged to
354.28have been neglected, physically abused, sexually abused, or the victim of maltreatment
354.29of a child in the facility: the name of the facility; the fact that a report alleging neglect,
354.30physical abuse, sexual abuse, or maltreatment of a child in the facility has been received;
354.31the nature of the alleged neglect, physical abuse, sexual abuse, or maltreatment of a child
354.32in the facility; that the agency is conducting an assessment or investigation; any protective
354.33or corrective measures being taken pending the outcome of the investigation; and that a
354.34written memorandum will be provided when the investigation is completed.
355.1(b) The commissioner of the agency responsible for assessing or investigating the
355.2report or local welfare agency may also provide the information in paragraph (a) to the
355.3parent, guardian, or legal custodian of any other child in the facility if the investigative
355.4agency knows or has reason to believe the alleged neglect, physical abuse, sexual
355.5abuse, or maltreatment of a child in the facility has occurred. In determining whether
355.6to exercise this authority, the commissioner of the agency responsible for assessing
355.7or investigating the report or local welfare agency shall consider the seriousness of the
355.8alleged neglect, physical abuse, sexual abuse, or maltreatment of a child in the facility; the
355.9number of children allegedly neglected, physically abused, sexually abused, or victims of
355.10maltreatment of a child in the facility; the number of alleged perpetrators; and the length
355.11of the investigation. The facility shall be notified whenever this discretion is exercised.
355.12(c) When the commissioner of the agency responsible for assessing or investigating
355.13the report or local welfare agency has completed its investigation, every parent, guardian,
355.14or legal custodian previously notified of the investigation by the commissioner or
355.15local welfare agency shall be provided with the following information in a written
355.16memorandum: the name of the facility investigated; the nature of the alleged neglect,
355.17physical abuse, sexual abuse, or maltreatment of a child in the facility; the investigator's
355.18name; a summary of the investigation findings; a statement whether maltreatment was
355.19found; and the protective or corrective measures that are being or will be taken. The
355.20memorandum shall be written in a manner that protects the identity of the reporter and
355.21the child and shall not contain the name, or to the extent possible, reveal the identity of
355.22the alleged perpetrator or of those interviewed during the investigation. If maltreatment
355.23is determined to exist, the commissioner or local welfare agency shall also provide the
355.24written memorandum to the parent, guardian, or legal custodian of each child in the facility
355.25who had contact with the individual responsible for the maltreatment. When the facility is
355.26the responsible party for maltreatment, the commissioner or local welfare agency shall also
355.27provide the written memorandum to the parent, guardian, or legal custodian of each child
355.28who received services in the population of the facility where the maltreatment occurred.
355.29This notification must be provided to the parent, guardian, or legal custodian of each child
355.30receiving services from the time the maltreatment occurred until either the individual
355.31responsible for maltreatment is no longer in contact with a child or children in the facility
355.32or the conclusion of the investigation. In the case of maltreatment within a school facility,
355.33as defined in sections 120A.05, subdivisions 9, 11, and 13, and 124D.10, the commissioner
355.34of education need not provide notification to parents, guardians, or legal custodians of
355.35each child in the facility, but shall, within ten days after the investigation is completed,
355.36provide written notification to the parent, guardian, or legal custodian of any student
356.1alleged to have been maltreated. The commissioner of education may notify the parent,
356.2guardian, or legal custodian of any student involved as a witness to alleged maltreatment.
356.3EFFECTIVE DATE.This section is effective January 1, 2014.

356.4    Sec. 16. REPEALER.
356.5Minnesota Statutes 2012, section 256B.49, subdivision 16a, is repealed effective
356.6January 1, 2014.