Requirements for mandatory reports of child maltreatment modification

A bill for an act

relating to children and families; modifying requirements for mandatory reports

of child maltreatment; modifying criminal penalties for failure to report child

maltreatment; amending Minnesota Statutes 2024, sections 260E.06, subdivision

1; 260E.08.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 260E.06, subdivision 1, is amended to read:

Subdivision 1.

Mandatory reporters.

(a) A person who knows or has reason to believe

a child is being maltreated, as defined in section
260E.03
, or has been maltreated
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within

the preceding three years
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shall immediately report the information to the local welfare

agency, agency responsible for assessing or investigating the report, police department,

county sheriff, tribal social services agency, or tribal police department if the person is:

(1) a professional or professional's delegate who is engaged in the practice of the healing

arts, social services, hospital administration, psychological or psychiatric treatment, child

care, education, correctional supervision, probation and correctional services, or law

enforcement; or

(2)
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employed
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serving
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as a member of the clergy
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and received the information while

engaged in ministerial duties
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or other minister of any religion, with or without financial

compensation
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, provided that a member of the clergy
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or other minister of any religion
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is not

required by this subdivision to report information that is otherwise privileged under section

595.02, subdivision 1
, paragraph (c).

(b) "Practice of social services" for the purposes of this subdivision includes but is not

limited to employee assistance counseling and the provision of guardian ad litem and

parenting time expeditor services.

(c) A corporation, school, nonprofit organization, religious organization, facility as

defined in section
260E.03, subdivision 6
, or similar entity must not have any policies,

written or otherwise, that prevent or discourage a mandatory or voluntary reporter from

reporting suspected or alleged maltreatment of a child in accordance with this section.

Sec. 2.

Minnesota Statutes 2024, section 260E.08, is amended to read:

260E.08 CRIMINAL PENALTIES FOR FAILURE TO REPORT; CIVIL

PENALTY FOR MAKING FALSE REPORT.

(a) A person mandated by section
260E.06, subdivision 1
, to report who knows or has

reason to believe that a child is
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or has been
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maltreated, as defined in section
260E.03
,
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or

has been maltreated within the preceding three years,
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and fails to report is guilty of a
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gross
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misdemeanor.

(b) A person mandated by section
260E.06, subdivision 1
, to report who knows or has

reason to believe that two or more children
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not related to the offender
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have been maltreated,

as defined in section
260E.03
, by the same offender
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within the preceding ten years,
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and

fails to report is guilty of a
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gross misdemeanor
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felony and may be sentenced to imprisonment

for not more than two years or to payment of a fine of not more than $4,000, or both
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.

(c) 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 as required by section
260E.06
,

subdivision 3, is guilty of a gross misdemeanor if the child suffers substantial or great bodily

harm because of the lack of medical care. If the child dies because of the lack of medical

care, the person is guilty of a felony and may be sentenced to imprisonment for not more

than two years or to payment of a fine of not more than $4,000, or both. The provision in

section
609.378, subdivision 1
, paragraph (a), clause (1), 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 chapter.

(d) Any person who knowingly or recklessly makes a false report under the provisions

of this chapter shall be liable in a civil suit for any actual damages suffered by the person

or persons so reported and for any punitive damages set by the court or jury, plus costs and

reasonable attorney fees.

(e) A person who intentionally prevents or attempts to prevent a person mandated by

section
260E.06, subdivision 1
, to report under this chapter is guilty of a
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gross
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misdemeanor.