minnesota maltreatment laws

MINNESOTA MALTREATMENT LAWS

626.556http://www.revisor.leg.state.mn.us/bin/getpub.php?type=s&year=current&num=626.556

• Sexual abuse

• Neglect

• Mental injury

• Physical abuse

Statutory Requirements for:

• Alternative response (family assessment)

• Traditional assessments

• Findings of maltreatment allegations & need for services

CHIPS

• MN Statute 260C.007– http://www.revisor.leg.state.mn.us/bin/getpub.php?

type=s&num=260C.007&year=2006

• CHIPS petitions filed with the court• Not every child needs a CHIPS• Hearings must be held to determine need for

a CHIPS

Removal of Children From Home

• MN Statute 260C.175– http://ros.leg.mn/bin/getpub.php?type=s&n

um=260C.175&year=2006

• NOT social workers• Law enforcement must determine need

for removal under certain circumstances• Court decides if children need

placement

Legal Standards

• Beyond a Reasonable Doubt

• Clear & Convincing

• Preponderance of the Evidence

• Probable Cause

• Reasonable Suspicion

MN Criminal Sexual Conduct

• MN Statute 609.341 thru 609.3451– http://www.revisor.leg.state.mn.us/bin/getp

ub.php?type=s&num=609.341

Includes:

• Definitions

• Degrees: 1st thru 5th

• Penalties

• Provisions for stay of imposition or execution of sentencing

• All felonies

Assault

• MN Statute 609.221 thru 609.2242– http://www.revisor.leg.state.mn.us/bin/getp

ub.php?type=s&num=609.221&year=2007

Includes:

• Definitions

• Degrees of assault: 1st thru 5th & domestic assault

• Penalties

• Range from felonies to misdemeanors

Criminal Maltreatment

• 609.376 Definitions– http://ros.leg.mn/bin/getpub.php?type=s&num=609.376&year=2006

• 609.377 Malicious Punishment– http://www.revisor.leg.state.mn.us/bin/getpub.php?type=s&num=60

9.377&year=2006• 609.378 Neglect or Endangerment

– http://ros.leg.mn/bin/getpub.php?type=s&num=609.378&year=2007• 609.3785 Unharmed Newborns

– http://www.revisor.leg.state.mn.us/bin/getpub.php?pubtype=STAT_CHAP_SEC&year=2007&section=609.3785

• 609.379 Permitted Actions– http://ros.leg.mn/bin/getpub.php?type=s&num=609.379&year=2007

• 609.38 Stayed Sentence– http://ros.leg.mn/bin/getpub.php?type=s&num=609.38&year=2006

Sexual Abuse

• The sexual exploitation by a person responsible for the child’s care, or by a person in a position of authority over that child

• Ranges from voyeurism, exposure, oral, anal, genital sexual touch, &/or intercourse, sexual touch of any of the child’s intimate parts

• Includes threatened sexual abuse

Caregiver includes

• Parent, guardian

• Teacher, babysitter, coaches– Whether paid or unpaid

Neglect

• Failure of caregiver to provide child with life’s basic needs including food, clothing, shelter or medical care when the absence of that would result in serious harm to child’s health

• Includes inadequate supervision & failure to protect from danger

• Can be failure to provide education

Mental Injury

• The child’s emotional stability or psychological development has been damaged & that damage affects the child’s ability to function within a normal range of performance & behavior

• No short term analysis of this criteria is currently used

Physical Abuse

• The non-accidental injury of a child by a person responsible for child’s care

• Does not include reasonable, moderate use of physical discipline that does not result in an injury

• Injury can be threatened or actual

• Typically, social workers & police investigate cases. When the investigation is completed, the case is referred to the county attorney for review regarding criminal charges. Social workers may have to testify in criminal court about child maltreatment

Begins with Mandated Report-626.556

http://www.revisor.leg.state.mn.us/bin/getpub.php?type=s&year=current&num=626.556

• All persons who work with children are required to file an oral report within 24 hours and a written report within 72 hours.

• Failure to report is a misdemeanor

Remember

• Facts, not emotions, govern all elements of investigating & prosecuting child maltreatment

• The only emotions that may be admissible are the victims

• Be clear, concise,& accurate in documentation

• Know the applicable civil & criminal laws of the state you practice in

• Never stop learning

• Get help when you need it

Group Work

Identify the statute (including the number and subdivision) that indicates who may take a child into immediate custody into custody in an alleged case of child maltreatment.

260C.175 Subdivision 1.

A peace officer.

Identify the statute (including the number and subdivision) that indicates that anyone may drop off a newborn within 72 hours of birth without being subject to prosecution.

MN Statute 609.3785

Identify the statute (including the number and subdivision) that indicates who is immune from liability while acting as a mandated reporter.

626.556 Subdivision 4.

Comprehensive Resource

http://www.house.leg.state.mn.us/hrd/pubs/malminor.pdf