Legal Question in Family Law in Minnesota

Re: Family vs. Social Worker

Thank you for your question about an investigation being conducted by child protection.

Before going any further, you should realize that the school nurse is a "mandatory reporter." What this means is that if the nurse observes any injuries on a child that may suggest the child was maltreated in any way, she is required to file a report with child protection. The nurse is not required to conduct any investigation before reporting the injury to child protection. Instead, the nurse must err on the side of safety and report the injury. The nurse really has no choice in the matter.

Once the matter is reported to child protection, a social worker is assigned to the file and is required to conduct an investigation. The social worker can interview the child, the school nurse, you, or anyong else who may have information about the welfare and treatment of the child. You can decline to participate in the investigation by the social worker, but if the social worker has concerns about the child's welfare and cannot obtain sufficient information to evaluate the issue, then the social worker may be required to take further action -- such as seeking a temporary placement of the child outside the home.

I would recommend you cooperate with the social worker, although I think you should consult with an attorney before doing so if you are at all unsure about how to respond.

You may contact me if you have additional questions. My contact information is below.

Good luck.