HF1367 (Legislative Session 94 (2025-2026))

Judicial review of child maltreatment occurring outside of Minnesota allowed, and local welfare agency responsibility for assessing or investigating alleged maltreatment occurring outside of state provided.

Related bill: SF1841

AI Generated Summary

This Minnesota House bill (H.F. No. 1367), authored by Representatives Pinto, Moller, and Nash, seeks to amend state statutes related to child maltreatment that occurs outside of Minnesota. The bill has two main provisions:

  1. Judicial Review of Maltreatment Decisions:

    • It allows a party aggrieved by an order from the Commissioner of Human Services, the Commissioner of Health, the Commissioner of Children, Youth, and Families, or the Direct Care and Treatment Executive Board to seek judicial review in district court.
    • The appeal must be filed in the county responsible for assistance or, for child maltreatment cases, in the Minnesota county where the alleged abuse occurred. If the alleged maltreatment happened in another state or country, the appeal must be filed in the county where the alleged perpetrator or child resides in Minnesota.
    • Appeals must be initiated within 30 days, and service can be made personally or by mail without a court filing fee (except for certain types of appeals).
    • The involved commissioner or executive board may choose to participate in the court proceedings.
  2. Local Welfare Agency Responsibility for Out-of-State Maltreatment Investigations:

    • If child maltreatment is reported to have occurred in another state or country, but either the child or alleged perpetrator resides in Minnesota, the local welfare agency is responsible for assessing or investigating the report.
    • The reported maltreatment will be treated as if it occurred in Minnesota, provided that the act is considered child maltreatment under Minnesota law.

Overall, this bill ensures that Minnesota courts can review child maltreatment cases that happen outside of the state and grants local welfare agencies the authority to investigate such cases when they involve Minnesota residents.

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
February 23, 2025HouseFloorActionIntroduction and first reading, referred toJudiciary Finance and Civil Law
February 23, 2025HouseFloorActionIntroduction and first reading, referred toJudiciary Finance and Civil Law
February 25, 2025HouseFloorActionAuthor added
March 23, 2025HouseFloorActionCommittee report, to adopt as amended and re-refer toChildren and Families Finance and Policy
April 09, 2025HouseFloorActionCommittee report, to adopt
April 09, 2025HouseFloorActionSecond reading

Citations

 
[
  {
    "analysis": {
      "added": [
        "Provision for handling appeals related to maltreatment occurring outside of Minnesota."
      ],
      "removed": [
        ""
      ],
      "summary": "This bill modifies the procedures for judicial review related to human services appeals under section 256.045, subdivision 7.",
      "modified": [
        "Clarified county responsibilities for appeals."
      ]
    },
    "citation": "256.045",
    "subdivision": "subdivision 7"
  }
]