MINNESOTA STATE LAWS FOR CHILD ABUSE/NEGLECT, CHILD WELFARE, & ADOPTION:
MINNESOTA STATE STATUES FOR CHILD ABUSE/ NEGLECT, CHILD WELFARE, & ADOPTION
Child Witnesses to Domestic Violence
To better understand this issue and to view it across States, see the Child Witnesses to Domestic Violence: Summary of State Laws (PDF - 222 KB) publication.
Circumstances That Constitute Witnessing
This issue is not addressed in the statutes reviewed.
Consequences
This issue is not addressed in the statutes reviewed.
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Clergy as Mandatory Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Clergy as Mandatory Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 287 KB) publication.
Citation: Minn. Stat. Ann. § 626.556, Subd. 3(a) (LexisNexis through 2007 Reg. Sess.)
A person who knows or has reason to believe a child is being neglected or physically or sexually abused...shall immediately report the information to the local welfare agency, agency responsible for assessing or investigating the report, police department, or the county sheriff if the person is...employed as a member of the clergy and received the information while engaged in ministerial duties, provided that a member of clergy is not required to report information that is otherwise privileged under § 595.02(1)(c) [pertaining to clergy-penitent privilege].
Cross-Reporting Among Responders to Child Abuse and Neglect
To better understand this issue and to view it across States, see the Cross-Reporting Among Responders to Child Abuse and Neglect: Summary of State Laws (PDF - 267 KB) publication.
Minn. Stat. Ann. § 626.556, Subd. 10(a), 10a(a)-(b) (LexisNexis through2007 Sess.)
If the report alleges neglect, physical abuse, or sexual abuse by a parent, guardian, or individual functioning within the family unit as a person responsible for the child's care, or sexual abuse by a person with a significant relationship to the child when that person resides in the child's household or by a sibling, the local welfare agency shall immediately conduct a family assessment or investigation.
If the report alleges a violation of a criminal statute involving sexual abuse, physical abuse, or neglect or endangerment, the local law enforcement agency and local welfare agency shall coordinate the planning and execution of their respective investigation and assessment efforts to avoid a duplication of fact-finding efforts and multiple interviews.
If the report alleges neglect, physical abuse, or sexual abuse by a person who is not a parent, guardian, sibling, person responsible for the child's care functioning within the family unit, or a person who lives in the child's household and who has a significant relationship to the child, in a setting other than a facility…, the local welfare agency shall immediately notify the appropriate law enforcement agency. [The law enforcement agency] shall conduct an investigation of the alleged abuse or neglect if a violation of a criminal statute is alleged.
The local agency may rely on the fact-finding efforts of the law enforcement investigation …to make a determination whether or not threatened harm or other maltreatment has occurred …if an alleged offender has minor children or lives with minors.
Minn. Stat. Ann. § 626.556, Subd. 3 & 7 (LexisNexis through 2007 Sess.)
The police department or the county sheriff, upon receiving a report, shall immediately notify the local welfare agency or agency responsible for assessing or investigating the report, orally and in writing. The local welfare agency, or agency responsible for assessing or investigating the report, upon receiving a report, shall immediately notify the local police department or the county sheriff orally and in writing. The county sheriff and the head of every local welfare agency, agency responsible for assessing or investigating the report, and police department shall each designate a person within their agency, department, or office who is responsible for ensuring that the notification duties of this statute are carried out.
Written reports received by a police department or the county sheriff shall be forwarded immediately to the local welfare agency or the agency responsible for assessing or investigating the report. The police department or the county sheriff may keep copies of reports received by them. Copies of written reports received by a local welfare department or the agency responsible for assessing or investigating the report shall be forwarded immediately to the local police department or the county sheriff.
Definitions of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Definitions of Child Abuse and Neglect: Summary of State Laws (PDF - 442 KB) publication.
Physical Abuse
Citation: Ann. Stat. § 626.556, Subd. 2
Physical abuse means any physical injury, mental injury, or threatened injury inflicted by a person responsible for the child's care on a child by other than accidental means, or any physical or mental injury that cannot reasonably be explained by the child's history of injuries, or any aversive and deprivation procedures or regulated interventions that have not been authorized by law. Actions considered abuse include, but are not limited to, any of the following that are done in anger or without regard to the safety of the child:
Throwing, kicking, burning, biting, or cutting a child
Striking a child with a closed fist
Shaking a child under age 3
Striking or other actions that result in any nonaccidental injury to a child under 18 months
Unreasonable interference with a child's breathing
Threatening a child with a weapon
Striking a child under age 1 on the face or head
Purposely giving a child poison, alcohol, or dangerous, harmful, or controlled substances that were not prescribed for the child by a practitioner, in order to control or punish the child; giving the child substances that substantially affect the child's behavior, motor coordination, or judgment or that result in sickness or internal injury; or subjecting the child to medical procedures that would be unnecessary if the child were not exposed to the substances
Unreasonable physical confinement or restraint not permitted by law including, but not limited to, tying, caging, or chaining
Neglect
Citation: Ann. Stat. § 626.556, Subd. 2
Neglect means:
Failure by a person responsible for a child's care to supply a child with necessary food, clothing, shelter, health, medical, or other care required for the child's physical or mental health when reasonably able to do so
Failure to protect a child from conditions or actions that seriously endanger the child's physical or mental health when reasonably able to do so, including a growth delay, which may be referred to as a failure to thrive, that has been diagnosed by a physician and is due to parental neglect
Failure to provide for necessary supervision or childcare arrangements appropriate for a child after considering such factors as the child's age, mental ability, physical condition, length of absence, or environment, when the child is unable to care for the child's own basic needs or safety, or the basic needs or safety of another child in their care
Failure to ensure that the child is educated as required by State law, which does not include a parent's refusal to provide the parent's child with sympathomimetic medications
Prenatal exposure to a controlled substance, used by the mother for a nonmedical purpose, as evidenced by withdrawal symptoms in the child at birth, results of a toxicology test performed on the mother at delivery or the child at birth, or medical effects or developmental delays during the child's first year of life that medically indicate prenatal exposure to a controlled substance
Medical neglect that includes, but is not limited to, the withholding of medically indicated treatment from a disabled infant with a life-threatening condition
Chronic and severe use of alcohol or a controlled substance by a parent or person responsible for the care of the child that adversely affects the child's basic needs and safety
Sexual Abuse
Citation: Ann. Stat. § 626.556, Subd. 2
Sexual abuse means the subjection of a child to any act that constitutes criminal sexual conduct by a person responsible for the child's care, a person who has a significant relationship to the child, or a person in a position of authority. Sexual abuse includes any act that involves a minor that constitutes a violation of prostitution offenses. Sexual abuse also includes threatened sexual abuse.
Emotional Abuse
Citation: Ann. Stat. §§ 260C.007, Subd. 15; 626.556, Subd. 2
Emotional maltreatment means the consistent, deliberate infliction of mental harm on a child by a person responsible for the child's care, that has an observable, sustained, and adverse effect on the child's physical, mental, or emotional development.
Mental injury means an injury to the psychological capacity or emotional stability of a child as evidenced by an observable or substantial impairment in the child's ability to function within a normal range of performance and behavior with due regard to the child's culture.
Neglect includes emotional harm from a pattern of behavior that contributes to impaired emotional functioning of the child that may be demonstrated by a substantial and observable effect in the child's behavior, emotional response, or cognition that is not within the normal range for the child's age and stage of development, with due regard to the child's culture.
Abandonment
Citation: Ann. Stat. § 260C.007, Subd. 6
Child in need of protection or services means a child who is in need of protection or services because the child is abandoned or without parent, guardian, or custodian.
Standards for Reporting
Citation: Ann. Stat. § 626.556, Subd. 2
A report is required when the child is subjected to harm or threatened injury.
Persons Responsible for the Child
Citation: Ann. Stat. § 626.556, Subd. 2; 260C.007, Subd. 15
Person responsible for the child's care means:
An individual functioning within the family unit and having responsibilities for the care of the child such as a parent, guardian, or other person having similar care responsibilities
An individual functioning outside the family unit and having responsibilities for the care of the child such as a teacher, school administrator, other school employees or agents, or other lawful custodian of a child having either full-time or short-term care responsibilities including, but not limited to, daycare, babysitting whether paid or unpaid, counseling, teaching, and coaching
Exceptions
Citation: Ann. Stat. § 626.556, Subd. 2
A child is not considered neglected solely because the child's parent, guardian, or other person responsible for the child's care in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the child in lieu of medical care. A parent, guardian, caretaker, or a person mandated to report [child abuse or neglect] has a duty to report if a lack of medical care may cause serious danger to the child's health.
Abuse does not include reasonable and moderate physical discipline of a child administered by a parent or legal guardian that does not result in an injury.
Abuse does not include the use of reasonable force by a teacher, principal, or school employee as allowed by § 121A.582.
Emotional maltreatment does not include reasonable training or discipline administered by the person responsible for the child's care or the reasonable exercise of authority by that person.
Definitions of Domestic Violence
To better understand this issue and to view it across States, see the Definitions of Domestic Violence: Summary of State Laws (PDF - 639 KB) publication.
Defined in Domestic Violence Civil Laws
Citation: Ann. Stat. § 518B.01, subd. 2
''Domestic abuse'' means the following, if committed against a family or household member by a family or household member:
Physical harm, bodily injury, or assault
The infliction of fear of imminent physical harm, bodily injury, or assault
Terroristic threats, as defined by § 609.713, subdivision 1
Criminal sexual conduct, as defined by §§ 609.342, 609.343, 609.344, 609.345, or 609.3451
Interference with an emergency call, as defined by § 609.78, subdivision 2
Defined in Child Abuse Reporting and Child Protection Laws
Citation:
This issue is not addressed in the statutes reviewed.
Defined in Criminal Laws
Citation: Ann. Stat. § 609.2242
''Domestic assault'' occurs when a person commits an assault, defined as the any of the acts listed below, against a family or household member, as defined in section 518B.01, subdivision 2. A domestic assault occurs when the person:
Commits an act with intent to cause fear in another of immediate bodily harm or death
Intentionally inflicts or attempts to inflict bodily harm upon another
Persons Included in the Definition
Citation: Ann. Stat. § 518B.01, subd. 2
''Family or household members'' means:
Spouses and former spouses
Parents and children
Persons related by blood
Persons who are presently residing together or who have resided together in the past
Persons who have a child in common regardless of whether they have been married or have lived together at any time
A man and woman if the woman is pregnant and the man is alleged to be the father regardless of whether they have been married or have lived together at any time
Persons involved in a significant romantic or sexual relationship
In determining whether persons are or have been involved in a significant romantic or sexual relationship, the court shall consider the length of time of the relationship; type of relationship; frequency of interaction between the parties; and, if the relationship has terminated, length of time since the termination.
Disclosure of Confidential Child Abuse and Neglect Records
To better understand this issue and to view it across States, see the Disclosure of Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF - 574 KB) publication.
Confidentiality of Records
Citation: Ann. Stat. § 626.556, Subd. 11
All records concerning individuals maintained by a local welfare agency or agency responsible for assessing or investigating the report under this section shall be private data on individuals.
Persons or Entities Allowed Access to Records
Ann. Stat. § 626.556, Subd. 10j, 10k, & 11
All records concerning individuals maintained by a local welfare agency or agency responsible for assessing or investigating the report shall be private data on individuals, except:
Copies of reports received by the local welfare agency must be sent to the local police department or the county sheriff.
All records concerning determinations of maltreatment by a facility are nonpublic data as maintained by the Department of Education, except insofar as copies of reports are required by subdivision 7 to be sent to the local police department or the county sheriff.
Reports maintained by any police department or the county sheriff shall be private data on individuals, except the reports shall be made available to the investigating, petitioning, or prosecuting authority, including county medical examiners or county coroners.
The local social services agency or agency responsible for assessing or investigating the report shall make reports available to the investigating, petitioning, or prosecuting authority, including county medical examiners or county coroners.
An individual subject of a record shall have access to the record, except that the name of the reporter shall be confidential
Upon request of the legislative auditor, data on individuals maintained under this section must be released to the legislative auditor.
The Commissioner of Education must be provided with all requested data that are relevant to a report of maltreatment and are in possession of a school facility when the data is requested pursuant to an assessment or investigation of a maltreatment report of a student in a school.
The investigating agency shall exchange nonpublic data with the Child Maltreatment Review Panel if the data are pertinent and necessary for a review.
Records may be shared with another local welfare agency that requests the information because it is conducting an investigation of the subject of the records.
A local social services or child protection agency may provide relevant private data on individuals to mandated reporters who have an ongoing responsibility for the health, education, or welfare of a child affected by the data. This may include:
The child's teachers or other appropriate school personnel
Foster parents
Health-care providers, respite care workers, therapists, or social workers
Child care providers, residential care staff, or crisis nursery staff
Probation officers or court services personnel
Under this section, a mandated reporter need not have made the report to be considered a person with ongoing responsibility for the health, education, or welfare of a child affected by the data. Data provided under this section must be limited to data pertinent to the individual's responsibility for caring for the child.
When Public Disclosure of Records is Allowed
Citation: Ann. Stat. § 626.556, Subd. 11d
A public agency shall disclose to the public, upon request, the findings and information related to a child fatality or near fatality if:
A person is criminally charged with having caused the child fatality or near fatality.
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.
Use of Records for Employment Screening
This issue is not addressed in the statutes reviewed.
Establishment and Maintenance of Central Registries for Child Abuse Reports
To better understand this issue and to view it across States, see the Establishment and Maintenance of Central Registries for Child Abuse Reports: Summary of State Laws (PDF - 310 KB) publication.
Establishment
Citation: Ann. Stat. § 626.556, Subd. 11(a)
The local social services agency or agency responsible for assessing or investigating the report shall maintain records concerning determinations of child maltreatment.
Purpose
Citation: Ann. Stat. § 626.556, Subd. 11c(a)
Records of assessments or investigations that resulted in no determination of maltreatment or the need for child protective services may not be used for employment, background checks, or purposes other than to assist in future risk and safety assessments.
Contents
Citation: Ann. Stat. § 626.556, Subd. 11(a)
The records may contain information relating to specific incidents of neglect or abuse that are under investigation, petition, or prosecution, and information relating to any prior incidents of neglect or abuse involving any of the same persons.
Maintenance
Citation: Ann. Stat. § 626.556, Subd. 11(a) & 11c
The records shall be collected and maintained in accordance with the provisions of chapter 13.
For family assessment cases and cases where an investigation results in no determination of maltreatment or the need for child protective services, the assessment or investigation records must be maintained for a period of 4 years.
All records relating to reports which, upon investigation, indicate either maltreatment or a need for child protective services shall be maintained for at least 10 years after the date of the final entry in the case record.
Immunity for Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Immunity for Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 174 KB) publication.
Citation: Minn. Stat. Ann. § 626.556, Subd. 4 (LexisNexis through Minn. 2008 Legis. Serv., Ch. 361)
Statute:
The following persons are immune from any civil or criminal liability that otherwise might result from their actions, if they are acting in good faith:
Any person making a voluntary or mandated report under the reporting laws or assisting in an assessment
Any person with responsibility for performing duties under this section; a supervisor employed by a local welfare agency; or the commissioner of an agency responsible for operating or supervising a licensed or unlicensed day care facility, residential facility, agency, hospital, sanitarium, or other facility or institution required to be licensed, a school, or a nonlicensed personal care provider organization
A representative or employee of any public or private school or facility who permits access by a local welfare agency, the Department of Education, or local law enforcement agency and assists in an investigation or assessment
A person who is a supervisor or person with responsibility for performing duties under this section employed by a local welfare agency, the commissioner of human services, or the commissioner of education complying with the reporting laws or any related rule or provision of law is immune from any civil or criminal liability that might otherwise result from the person's actions if the person is (1) acting in good faith and exercising due care, or (2) acting in good faith and following the information collection procedures established by law.
This subdivision does not provide immunity to any person for failure to make a required report or for committing neglect, physical abuse, or sexual abuse of a child.
Making and Screening Reports of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Making and Screening Reports of Child Abuse and Neglect: Summary of State Laws (PDF - 619 KB) publication.
Reporting Procedures
Individual Responsibility
Citation: Ann. Stat. § 626.556, Subd. 3, 7
A person who knows or has reason to believe a child is being neglected or physically or sexually abused, or a child has been neglected or physically or sexually abused within the preceding 3 years, shall immediately report the information to the local welfare agency, agency responsible for assessing or investigating the report, police department, or the county sheriff.
An oral report shall be made immediately by telephone or otherwise. An oral report made by a mandated reporter shall be followed within 72 hours, exclusive of weekends and holidays, by a report in writing to the appropriate police department, the county sheriff, the agency responsible for assessing or investigating the report, or the local welfare agency, unless the appropriate agency has informed the reporter that the oral information does not constitute a report.
Content of Reports
Citation: Ann. Stat. § 626.556, Subd. 7
Any report shall be of sufficient content to identify:
The child
Any person believed to be responsible for the abuse or neglect, if known
The nature and extent of the abuse or neglect
The name and address of the reporter
Special Reporting Procedures
Suspicious Deaths
Citation: Ann. Stat. § 626.556, Subd. 9
When a mandated reporter knows or has reason to believe that a child has died as a result of neglect, physical abuse, or sexual abuse, the reporter shall immediately report that information to the appropriate medical examiner or coroner instead of the local welfare agency, police department, or county sheriff.
Medical examiners or coroners shall notify the local welfare agency, police department, or county sheriff in instances in which they believe that the child has died as a result of neglect, physical abuse, or sexual abuse. The medical examiner or coroner shall complete an investigation as soon as feasible and report the findings to the police department or county sheriff and the local welfare agency.
Substance-Exposed Infants
Citation: Ann. Stat. §§ 626.5561; 626.5562; 626.5563
A mandated reporter shall immediately report to the local welfare agency when there is reason to believe that a pregnant woman has used a controlled substance for a nonmedical purpose, including, but not limited to, tetrahydrocannabinol, or has consumed alcoholic beverages during the pregnancy in any way that is habitual or excessive. An oral report shall be made immediately by telephone or otherwise. An oral report made by a mandated reporter shall be followed within 72 hours by a written report. Any report shall be of sufficient content to identify the pregnant woman, the nature and extent of the use, if known, and the name and address of the reporter.
A physician shall administer a toxicology test to a mother within 8 hours after delivery to determine whether there is evidence that she has ingested a controlled substance, if the woman has obstetrical complications that are an indication of possible use of a controlled substance for a nonmedical purpose. A physician shall administer to each newborn infant born under the physician's care a toxicology test to determine whether there is evidence of prenatal exposure to a controlled substance, if the physician has reason to believe based on a medical assessment of the mother or the infant that the mother used a controlled substance for a nonmedical purpose during the pregnancy. If the results of either test are positive, the physician shall report the results as neglect under § 626.556.
If a mandated reporter knows or has reason to believe that a woman is pregnant and has knowingly abused alcohol after she knows of the pregnancy, the person may:
Arrange for a chemical use assessment conducted according to rules adopted by the commissioner of human services, and confirm that the recommendations indicated by the assessment are followed
Immediately report to the local welfare agency or maternal child substance abuse project
Screening Reports
Citation: Ann. Stat. § 626.556, Subd. 7, 10, 10e
The local welfare agency shall determine if the report is accepted for an assessment or investigation as soon as possible but in no event longer than 24 hours after the report is received.
Upon receipt of a report, the local welfare agency shall determine whether to conduct a family assessment or an investigation. The agency shall conduct:
An investigation on reports involving substantial child endangerment
A family assessment for reports that do not allege substantial child abuse
If the report alleges maltreatment by a parent or other family member, the agency shall immediately conduct the assessment or investigation. If the report alleges a violation of a criminal statute involving sexual abuse, physical abuse, neglect, or endangerment, a law enforcement agency and welfare agency shall coordinate the planning and execution of their respective investigation and assessment efforts to avoid a duplication of fact-finding efforts and multiple interviews.
If the information collected early in an assessment shows no basis for a full assessment or investigation, the local welfare agency or the agency responsible for assessing or investigating the report may make a determination of no maltreatment, and close the case.
Mandatory Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Mandatory Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 633 KB) publication.
Professionals Required to Report
Citation: Ann. Stat. § 626.556, Subd. 3
Mandatory reporters include:
A professional or professional's delegate who is engaged in the practice of the healing arts, hospital administration, psychological or psychiatric treatment, child care, education, social services, correctional supervision, probation or correctional services, or law enforcement
A member of the clergy who received the information while engaged in ministerial duties
Reporting by Other Persons
Citation: Ann. Stat. § 626.556, Subd. 3
Any other person may voluntarily report if the person knows, has reason to believe, or suspects that a child is being neglected or subjected to sexual or physical abuse.
Standards for Making a Report
Citation: Ann. Stat. § 626.556, Subd. 3
A report is required when a reporter knows or has reason to believe that a child is being neglected or sexually or physically abused or has been neglected or physically or sexually abused within the preceding 3 years.
Privileged Communications
Citation: Ann. Stat. § 626.556, Subd. 3 & 8
A member of the clergy is not required by this subdivision to report information that is otherwise privileged under § 595.02, subdivision 1, paragraph (c).
No evidence relating to the neglect or abuse of a child or to any prior incidents of neglect or abuse involving any of the same persons accused of neglect or abuse shall be excluded in any proceeding on the grounds of privilege set forth in section 595.02, subdivision 1, paragraph (a) [husband-wife], (d) [medical practitioner-patient], or (g) [mental health professional-client].
Inclusion of Reporter's Name in Report
Citation: Ann. Stat. § 626.556, Subd. 7
The written report from a mandatory reporter must include the name and address of the reporter.
Disclosure of Reporter Identity
Citation: Ann. Stat. § 626.556, Subd. 11
The name of the reporter shall be kept confidential while the report is under investigation.
After the investigation is complete, the subject of the report may compel disclosure of the name only upon the reporter's consent or a finding by the court that the report was false and made in bad faith.
Parental Drug Use As Child Abuse
To better understand this issue and to view it across States, see the Parental Drug Use As Child Abuse: Summary of State Laws (PDF - 324 KB) publication.
Citation: Minn. Stat. Ann. § 626.5562 (LexisNexis through 3-3-09)
Statute Text:
A physician shall administer a toxicology test to a pregnant woman under the physician's care or to a woman under the physician's care within 8 hours after delivery to determine whether there is evidence that she has ingested a controlled substance, if the woman has obstetrical complications that are a medical indication of possible use of a controlled substance for a nonmedical purpose. If the test results are positive, the physician shall report the results. A negative test result does not eliminate the obligation to report if other evidence gives the physician reason to believe the patient has used a controlled substance for a nonmedical purpose.
A physician shall administer to each newborn infant born under the physician's care a toxicology test to determine whether there is evidence of prenatal exposure to a controlled substance if the physician has reason to believe, based on a medical assessment of the mother or the infant, that the mother used a controlled substance for a nonmedical purpose during the pregnancy. If the test results are positive, the physician shall report the results as neglect. A negative test result does not eliminate the obligation to report if other medical evidence of prenatal exposure to a controlled substance is present.
Physicians shall report to the Department of Health the results of tests performed. A report shall be made on the Certificate of Live Birth Medical Supplement or the Report of Fetal Death Medical Supplement filed on or after February 1, 1991.
Citation: Minn. Stat. Ann. § 626.556, Subd. 2(f), (g) (LexisNexis through 3-3-09)
Statute Text:
''Neglect'' includes:
Prenatal exposure to a controlled substance, used by the mother for a nonmedical purpose, as evidenced by withdrawal symptoms in the child at birth, results of a toxicology test performed on the mother at delivery or the child at birth, or medical effects or developmental delays during the child's first year of life that medically indicate prenatal exposure to a controlled substance
Chronic and severe use of alcohol or a controlled substance by a parent or person responsible for the care of the child that adversely affects the child's basic needs and safety
''Physical abuse'' includes purposely giving a child poison, alcohol, or dangerous, harmful, or controlled substances that were not prescribed for the child by a practitioner, in order to control or punish the child; or other substances that substantially affect the child's behavior, motor coordination, or judgment or that results in sickness or internal injury, or subjects the child to medical procedures that would be unnecessary if the child were not exposed to the substances.
Citation: Minn. Stat. Ann. § 626.5561, Subd. 1-2 (LexisNexis through 3-3-09)
Statute Text:
A mandated reporter shall immediately report to the local welfare agency if the person knows or has reason to believe that a woman is pregnant and has used a controlled substance for a nonmedical purpose during the pregnancy, including, but not limited to, tetrahydrocannabinol, or has consumed alcoholic beverages during the pregnancy in any way that is habitual or excessive. Any person may make a voluntary report if the person knows or has reason to believe that a woman is pregnant and has used a controlled substance for a nonmedical purpose during the pregnancy, including, but not limited to, tetrahydrocannabinol, or has consumed alcoholic beverages during the pregnancy in any way that is habitual or excessive.
An oral report shall be made immediately by telephone or otherwise. An oral report made by a mandated reporter shall be followed within 72 hours, exclusive of weekends and holidays, by a report in writing to the local welfare agency. Any report shall be of sufficient content to identify the pregnant woman, the nature and extent of the use, if known, and the name and address of the reporter.
Upon receipt of a report, the local welfare agency shall immediately conduct an appropriate assessment and offer services indicated under the circumstances. Services offered may include, but are not limited to, a referral for chemical dependency assessment, a referral for chemical dependency treatment if recommended, and a referral for prenatal care. The local welfare agency also may take any appropriate action under chapter 253B, including seeking an emergency admission under § 253B.05. The local welfare agency shall seek an emergency admission under § 253B.05 if the pregnant woman refuses recommended voluntary services or fails recommended treatment.
Citation: Minn. Stat. Ann. § 609.378 (LexisNexis through 3-3-09)
Statute Text:
A parent, legal guardian, or caregiver who endangers the child's person or health by knowingly causing or permitting the child to be present where any person is selling, manufacturing, possessing immediate precursors or chemical substances with the intent to manufacture, or possessing a controlled substance, as defined in statute, is guilty of child endangerment and may be sentenced to imprisonment for not more than 1 year or to payment of a fine of not more than $3,000, or both.
If the endangerment results in substantial harm to the child's physical, mental, or emotional health, the person may be sentenced to imprisonment for not more than 5 years or to payment of a fine of not more than $10,000, or both.
Penalties for Failure to Report and False Reporting of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Penalties for Failure to Report and False Reporting of Child Abuse and Neglect: Summary of State Laws (PDF - 166 KB) publication.
Failure to Report
Ann. Stat. § 626.556, Subd. 6
A mandatory reporter who knows or has reason to believe that a child is neglected or physically or sexually abused, or has been neglected or physically or sexually abused within the preceding 3 years, and fails to report the abuse is guilty of a misdemeanor.
A mandatory reporter who knows or has reason to believe that two or more children not related to the perpetrator have been physically or sexually abuse by the same perpetrator within the preceding 10 years, and fails to report is guilty of a gross misdemeanor.
A parent, guardian, or caretaker who knows or reasonably should know that the child's health is in serious danger and who fails to report:
Is guilty of a gross misdemeanor if the child suffers substantial or great bodily harm because of the lack of medical care
Is guilty of a felony if the child dies because of the lack of medical care, and may be subject to one or both of the following:
Imprisonment for not more than 2 years
A fine of not more than $4,000
The law providing that a parent, guardian, or caretaker may, in good faith, select and depend on spiritual means or prayer for treatment or care of a child, does not exempt a parent, guardian, or caretaker from the duty to report under this provision.
False Reporting
Ann. Stat. § 626.556, Subd. 5
Any person who knowingly or recklessly makes a false report under the reporting laws shall be liable in a civil suit for any actual damages suffered by the person(s) so reported and for any punitive damages set by the court or jury, plus costs and reasonable attorney fees.
Review and Expunction of Central Registries and Reporting Records
To better understand this issue and to view it across States, see the Review and Expunction of Central Registries and Reporting Records: Summary of State Laws (PDF - 502 KB) publication.
Right of the Reported Person to Review and Challenge Records
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 section 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 on the basis of 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. 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 assure 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
Ann. Stat. § 626.556, Subd. 11c
For family assessment cases and cases where an investigation results in no determination of maltreatment or the need for child protective services, the assessment or investigation records must be maintained for a period of 4 years, then destroyed. These records may not be used for employment, background checks, or purposes other than to assist in future risk and safety assessments.
All records relating to reports that upon investigation indicate either maltreatment or a need for child protective services shall be maintained for at least 10 years after the date of the final entry in the case record.
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 or agency responsible for assessing or investigating the report shall order destruction of the data when other records relating to the assessment or investigation are destroyed.
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