Child fatalities and near fatalities public disclosure required, and child mortality review panel investigations and annual report requirements modified.

A bill for an act

relating to children and families; requiring public disclosure of information related

to child fatalities and near fatalities; modifying requirements for child mortality

review panel investigations and annual report; amending Minnesota Statutes 2024,

sections 260E.35, subdivision 7; 260E.39, subdivisions 2, 4, 6.

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

Section 1.

Minnesota Statutes 2024, section 260E.35, subdivision 7, is amended to read:

Subd. 7.

Disclosure to public.

(a) Notwithstanding any other provision of law and

subject to this subdivision, a public agency shall disclose to the public
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, upon request,
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the

findings and information related to a child fatality or near fatality if:

(1) a person is criminally charged with having caused the child fatality or near fatality;

(2) a county attorney certifies that a person would have been charged with having caused

the child fatality or near fatality but for that person's death; or

(3) a child protection investigation resulted in a determination of maltreatment.

(b) Findings and information disclosed under this subdivision
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must be made publicly

available on the Department of Children, Youth, and Families website and must
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consist of

a written summary that includes
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any
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all
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of the following information the agency is able to

provide:

(1) the cause and circumstances regarding the child fatality or near fatality;

(2) the age and gender of the child;

(3) information on any previous reports of maltreatment that are pertinent to the

maltreatment that led to the child fatality or near fatality;

(4) information on any previous investigations that are pertinent to the maltreatment that

led to the child fatality or near fatality;

(5) the result of any investigations described in clause (4);

(6) actions of and services provided by the local welfare agency on behalf of a child that

are pertinent to the maltreatment that led to the child fatality or near fatality; and

(7) the result of any review of the state child mortality review panel, a local child mortality

review panel, a local community child protection team, or any public agency.

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(c) The commissioner must make each joint or local review team report provided to the

child mortality review panel and the commissioner under section 260E.39, subdivision 4,

publicly available on the Department of Children, Youth, and Families website within 60

days of receiving the report.

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(c)
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(d)
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Nothing in this subdivision authorizes access to
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the private data in the custody

of a local welfare agency or the disclosure to the public of the records or content of any

psychiatric, psychological, or therapeutic evaluation or the disclosure of information that

would reveal the identities of persons who provided information related to maltreatment of

the child.
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or public disclosure of:
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(1) data in the custody of a local welfare agency or the commissioner that is classified

as confidential or private data on decedents under section 13.10, private or confidential data

on individuals, nonpublic data, or protected nonpublic data under chapter 13;

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(2) the records or content of any psychiatric, psychological, or therapeutic evaluation;

or

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(3) any information that would reveal the identities of persons who provided information

related to maltreatment of the child.

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(d) A person whose request is denied may apply to the appropriate court for an order

compelling disclosure of all or part of the findings and information of the public agency.

The application must set forth, with reasonable particularity, factors supporting the

application. The court has jurisdiction to issue these orders. Actions under this chapter must

be set down for immediate hearing and subsequent proceedings in those actions must be

given priority by the appellate courts.

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(e) A public agency or its employees acting in good faith in disclosing or declining to

disclose information under this chapter are immune from criminal or civil liability that might

otherwise be incurred or imposed for that action.

Sec. 2.

Minnesota Statutes 2024, section 260E.39, subdivision 2, is amended to read:

Subd. 2.

Local child mortality review teams.

(a) Each county shall establish a

multidisciplinary local child mortality review team and shall participate in local critical

incident reviews that are based on safety science principles to support a culture of learning.

The local welfare agency's child protection team may serve as the local review team. The

local review team shall include but not be limited to professionals with knowledge of the

critical incident being reviewed and, if the critical incident being reviewed involved an

Indian child as defined in section
260.755, subdivision 8
, at least one representative from

the child's Tribe.

(b) The local review team shall conduct reviews of critical incidents jointly with the

child mortality review panel or as otherwise required under subdivision 4, paragraph (c).

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(c) As part of a local critical incident review, the local review team must interview the

caseworker or caseworkers assigned to the case being reviewed and must document each

interview conducted. An employer of a caseworker interviewed under this paragraph must

not retaliate against the caseworker for participating in an interview, or cooperating or

assisting with a local critical incident review, because of the caseworker's participation in,

or cooperation or assistance with, the local critical incident review.

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Sec. 3.

Minnesota Statutes 2024, section 260E.39, subdivision 4, is amended to read:

Subd. 4.

Critical incident review process.

(a) A local welfare agency that has determined

that maltreatment was the cause of or a contributing factor in a critical incident must notify

the commissioner and the executive director of the panel within three business days of

making the determination.

(b) The panel shall conduct a joint review with the local review team for:

(1) any critical incident relating to a family, child, or caregiver involved in a local welfare

agency family assessment or investigation within the 12 months preceding the critical

incident;

(2) a critical incident the governor or commissioner directs the panel to review; and

(3) any other critical incident the panel chooses for review.

(c) The local review team must review all critical incident cases not subject to joint

review under paragraph (b).

(d) Within 120 days of initiating a joint review or local review of a critical incident,

except as provided under paragraph (h), the panel or local review team shall complete the

joint review or local review and compile a report. The report must include any systemic

learnings that may increase child safety and well-being, and may include policy or practice

considerations for systems changes that may improve child well-being and safety.

(e) A local review team must provide its report following a local review to the panel
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and to the commissioner
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within three business days after the report is complete. After

receiving the local review team report, the panel may conduct a further joint review.

(f) Following the panel's joint review or after receiving a local review team report, the

panel may make recommendations to any state or local agency, branch of government, or

system partner to improve child safety and well-being.

(g) The commissioner shall conduct additional information gathering as requested by

the panel or the local review team. The commissioner must conduct information gathering

for all cases for which the panel requests assistance. The commissioner shall compile a

summary report for each critical incident for which information gathering is conducted and

provide the report to the panel and the local welfare agency that reported the critical incident.

(h) If the panel or local review team requests information gathering from the

commissioner, the panel or local review team may conduct the joint review or local review

and compile its report under paragraph (d) after receiving the commissioner's summary

information-gathering report. The timeline for a local or joint review under paragraph (d)

may be extended if the panel or local review team requests additional information gathering

to complete their review. If the local review team extends the timeline for its review and

report, the local welfare agency must notify the executive director of the panel of the

extension and the expected completion date.

(i) The review of any critical incident shall proceed as specified in this section, regardless

of the status of any pending litigation or other active investigation.

Sec. 4.

Minnesota Statutes 2024, section 260E.39, subdivision 6, is amended to read:

Subd. 6.

Child mortality review panel; annual report.

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(a)
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Beginning December 15,

2026, and on or before December 15 annually thereafter, the commissioner shall publish a

report of the child mortality review panel. The report shall include but not be limited to

de-identified 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, and systemic

learnings identified by the panel or local review teams during the period covered by the

report. The report shall also include recommendations on improving the child protection

system, including modifications to statutes, rules, policies, and procedures. The panel may

make recommendations to the legislature or any state or local agency at any time, outside

of its annual report.

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(b) The commissioner's child mortality review panel annual report published on or before

December 15, 2027, must also include an analysis of de-identified aggregate data on critical

incidents from 2022 to 2024 to identify trends and inform recommendations on improving

the child protection system.

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