MINNESOTA MALTREATMENT LAWS

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 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 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 thru

Includes: Definitions Degrees: 1st thru 5th Penalties Provisions for stay of imposition or execution of sentencing All felonies

Assault MN Statute thru

Includes: Definitions Degrees of assault: 1st thru 5th & domestic assault Penalties Range from felonies to misdemeanors

Criminal Maltreatment Definitions Malicious Punishment Neglect or Endangerment Unharmed Newborns Permitted Actions Stayed Sentence

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

Physcial 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 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 middemeanor

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