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A bill for an act
relating to public safety; protecting children and parental rights; prohibiting gender
transition procedures for minors; establishing school transparency and parental
consent requirements; prohibiting the sexualization of minors in educational
settings; protecting therapeutic choice while prohibiting coercive, fraudulent, or
aversive practices; creating the felony offense of grooming of a minor for sexual
exploitation; requiring predatory offender registration for grooming; restoring
home-state jurisdiction and removing certain sanctuary provisions; amending
Minnesota Statutes 2024, sections 62Q.585, by adding a subdivision; 243.166,
subdivision 1b; 518D.201; 518D.204; 518D.207; proposing coding for new law
in Minnesota Statutes, chapters 120A; 145; 214; 260C; 609; repealing Minnesota
Statutes 2024, sections 214.078; 260.925; 543.23.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
TITLE; FINDINGS; DEFINITIONS
Section 1.
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SHORT TITLE.
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This act may be cited as the "Protecting Families and Children Act (PFCA)."
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Sec. 2.
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LEGISLATIVE FINDINGS AND PURPOSE.
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(a) The state has a compelling interest in safeguarding the health, bodily integrity, fertility,
and future procreative capacity of minors. This act restricts specified irreversible medical
interventions on minors and provides enforcement and remedies.
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(b) Biological sex is objective and ascertainable, and public policy requires clear
definitions to protect children. This act defines biological sex and protects sex-based privacy
and safety in schools.
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(c) Parents have the fundamental right and duty to direct the upbringing, education, and
medical care of their children. This act establishes a parental bill of rights and school
transparency and consent protections.
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(d) The sexualization of minors in educational settings constitutes a direct harm to
children and a violation of parental rights. This act prohibits instruction that sexualizes
minors, promotes gender ideology, or undermines biologically defined sex in any school
in Minnesota.
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(e) Grooming is a patterned process used to manipulate minors, often online, before
physical abuse occurs. This act creates a stand-alone felony grooming offense to enable
early intervention and enhanced public safety.
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(f) Bans written broadly can chill noncoercive counseling chosen by clients and parents.
This act repeals and replaces Minnesota Statutes, section 214.078, to ban only coercive,
fraudulent, or aversive practices while protecting noncoercive talk therapy and client-directed
goals.
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(g) Minnesota should not be used to circumvent lawful home-state child-custody
jurisdiction through forum-shopping for disputed minor medical interventions. This act
repeals specified provisions enacted as part of Minnesota's sanctuary approach and restores
the presumption of home-state jurisdiction.
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Sec. 3.
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[145.999] DEFINITIONS.
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Subdivision 1.
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Scope.
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The terms in this section have the meanings given.
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Subd. 2.
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Minor.
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"Minor" means an individual under 18 years of age.
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Subd. 3.
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Biological sex.
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"Biological sex" means the sex recognized at birth, determined
by genetics and reproductive anatomy.
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Subd. 4.
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Gender transition procedure.
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"Gender transition procedure" means any
medical or surgical service provided to a minor for the purpose of attempting to alter or
affirm a perception of gender or sex discordant with the minor's biological sex, including:
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(1) puberty blockers when prescribed for sex-discordant purposes;
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(2) cross-sex hormones; and
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(3) surgeries that alter or remove healthy sex organs or secondary sex characteristics.
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Subd. 5.
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Health care professional.
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"Health care professional" includes a person licensed
or otherwise authorized to provide health services.
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Subd. 6.
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School.
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"School" includes public, charter, private, and religious kindergarten
through grade 12 institutions operating in this state.
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Subd. 7.
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Sexual orientation.
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For purposes of this act only, "sexual orientation" means
an enduring pattern of romantic or sexual attraction to adult persons. For purposes of this
act, sexual orientation does not include sexual interest in minors.
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ARTICLE 2
HEALTH CARE PROTECTIONS FOR MINORS
Section 1.
Minnesota Statutes 2024, section 62Q.585, is amended by adding a subdivision
to read:
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Subd. 1a.
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Minors excluded; evidence-based necessity.
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(a) Nothing in this section
requires coverage of a gender transition procedure for a minor.
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(b) A health plan company and an employer-sponsored plan must not provide coverage
for gender transition procedures for minors.
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(c) This subdivision does not limit coverage for the treatment of medically verifiable
disorders of sex development or other nontransition care as provided in section 145.9992.
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Sec. 2.
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[145.9991] PROHIBITION ON GENDER TRANSITION PROCEDURES
FOR MINORS.
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Subdivision 1.
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Prohibited acts.
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(a) A health care professional must not perform or cause
to be performed a gender transition procedure on a minor.
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(b) A health care professional must not refer a minor to another professional for a gender
transition procedure.
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Subd. 2.
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Coverage and public funds.
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(a) Insurance policies and health plans regulated
by the state must not provide coverage for gender transition procedures for minors.
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(b) Public funds must not be used, directly or indirectly, to pay for or subsidize gender
transition procedures for minors.
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Sec. 3.
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[145.9992] EXCEPTIONS.
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(a) Section 145.9991 does not prohibit:
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(1) treatment of a minor with a medically verifiable disorder of sex development where
the minor's sex is indeterminate and treatment is intended to correct a physiological
abnormality;
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(2) treatment of precocious puberty consistent with established endocrine standards
when not used for the purpose of gender transition; or
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(3) procedures to treat a minor who has suffered an injury, disease, or physical disorder
that would place the minor outside normal biological development, provided the treatment
restores typical function consistent with biological sex.
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(b) Psychological or psychiatric counseling that does not recommend or prepare for a
prohibited procedure is permitted.
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Sec. 4.
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[145.9993] ENFORCEMENT AND REMEDIES.
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Subdivision 1.
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Professional discipline.
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A violation of section 145.9991 constitutes
unprofessional conduct and is subject to discipline by the appropriate licensing board.
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Subd. 2.
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Attorney general enforcement.
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The attorney general may bring an action to
enjoin a violation and to prosecute criminal violations and recover civil penalties of not
more than $25,000 per violation, plus costs and disbursements.
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Subd. 3.
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County attorney and local prosecutor enforcement.
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A county attorney or
local prosecutor for any county in Minnesota may bring an action to enjoin a violation and
to prosecute criminal violations and recover civil penalties of not more than $25,000 per
violation, plus costs and disbursements.
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Subd. 4.
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Private right of action.
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(a) A minor who receives a gender transition procedure
in violation of section 145.9991 may bring a civil action upon reaching 18 years of age and
obtain ongoing payment of the costs for a lifetime of health care treating complications
resulting from one or more gender transition procedures, including damages for pain and
suffering.
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(b) A parent or legal guardian may bring a civil action on behalf of the minor and obtain
ongoing payment of the costs for a lifetime of health care treating complications resulting
from one or more gender transition procedures, including damages for pain and suffering.
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(c) Where both a minor under paragraph (a) and a parent or legal guardian under
paragraph (b) bring claims arising from the same gender transition procedure, total combined
recovery for lifetime health care costs shall not exceed a single lifetime-cost award against
any one defendant or group of defendants jointly and severally liable for the same procedure,
though each claimant may independently recover pain-and-suffering damages.
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(d) The limitation period is the later of: (1) 20 years after the minor reaches the age of
majority; or (2) 10 years after discovery of the injury.
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(e) Remedies include actual damages, statutory damages of not less than $25,000, punitive
damages for willful violations, pain and suffering, and reasonable attorney fees and costs.
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(f) Health care institutions where gender transition procedures are conducted are liable
for the full lifetime cost of medical treatments due to complications arising from gender
transition procedures conducted at their health care institution or affiliate institutions.
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Subd. 5.
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Criminal penalties.
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(a) Health care providers that participate directly in gender
transition procedures, including but not limited to prescribing medications and performing
surgeries, are subject to criminal penalties of not more than ten years and not less than 18
months per patient recipient of gender transition procedures.
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(b) Hospital administrators at whose hospital gender transition procedures are performed,
as well as senior management at clinics within or outside of hospitals where gender transition
procedures are performed, are subject to criminal penalties of not more than five years and
not less than 18 months per patient recipient of gender transition procedures at their respective
hospitals or clinics.
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(c) Persons who permit, authorize, or direct that gender transition procedures be
performed in the health system under their leadership are subject to criminal penalties of
not more than five years and not less than 18 months per patient recipient of gender transition
procedures.
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Subd. 6.
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Whistleblower protection.
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An employer is prohibited from retaliating against
an employee for reporting a suspected violation of section 145.9991.
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ARTICLE 3
EDUCATION; SCHOOL TRANSPARENCY; PARENTAL RIGHTS
Section 1.
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[120A.475] SEX-BASED FACILITIES AND ACCOMMODATIONS.
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(a) A school must maintain sex-segregated bathrooms, locker rooms, and overnight
accommodations based on biological sex.
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(b) All school students and staff must use bathroom, locker room, and other school
facilities according to their biological sex, and no separate accommodations shall be made
or allowed to be made.
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Sec. 2.
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[120A.476] INTERSCHOLASTIC ATHLETICS.
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Participation on interscholastic sports teams must be determined by biological sex.
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Sec. 3.
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[120A.477] PROHIBITION OF SOCIAL TRANSITION; RECORDS;
NOTICE.
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Subdivision 1.
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Prohibition without consent.
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A school employee or contractor must not
implement a social transition of a minor at school or in the employee's or contractor's capacity
as a school employee or contractor. Social transition includes but is not limited to adopting
a name or pronouns inconsistent with the student's legal records or providing sex-inconsistent
private facility access as an individualized intervention.
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Subd. 2.
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Records access.
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Parents have the right to access all educational and counseling
records maintained by the school relating to the student, including records regarding names,
pronouns, counseling, accommodations, or plans.
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Subd. 3.
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Prompt notification.
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A school must promptly notify a parent of a significant
change in the student's mental, emotional, or physical health known to the school, including
persistent distress indicators for any reason, including but not limited to gender or sexual
orientation issues.
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Subd. 4.
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No compelled speech.
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A school must not adopt or enforce a policy that compels
speech by employees or students on matters of sex or gender in violation of sincerely held
religious or moral convictions. For all purposes of communication with and about the student,
schools must refer to the student using only terms consistent with the student's biological
sex.
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Sec. 4.
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[120A.478] CURRICULUM TRANSPARENCY; OPT-OUT.
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(a) A school must post online, at least 14 days in advance, instructional materials
concerning human sexuality. A school is prohibited from including in the school's educational
curriculum any instruction in sexually explicit content, in the classroom, online, or in written
materials. Instruction concerning biological reproduction or birth control must not be given
to any student before the student reaches grade 7 and the age of 12. Instruction in gender
ideology, concepts of gender identity, or sexual orientation is governed exclusively by
section 120A.482 and is not subject to the opt-out mechanism in paragraph (b).
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(b) A parent may opt a child out of instruction described in paragraph (a) concerning
biological reproduction or birth control, without penalty.
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Sec. 5.
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[120A.479] PARENTAL BILL OF RIGHTS; PRIVATE REMEDY.
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Subdivision 1.
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Rights affirmed.
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Parents have the right to direct the upbringing, education,
medical care, and moral formation of their children, including the rights specified in sections
120A.477 and 120A.478.
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Subd. 2.
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Civil remedy.
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A parent may bring a civil action for declaratory and injunctive
relief and recover reasonable attorney fees and costs for a knowing violation of section
120A.477 or 120A.478.
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ARTICLE 4
PROHIBITION ON SEXUALIZATION OF MINORS IN EDUCATION
Section 1.
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[120A.480] LEGISLATIVE FINDINGS.
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The legislature finds that the primary purpose of public education is academic instruction.
The state has a compelling interest in protecting minors from age-inappropriate exposure
to sexual content, gender ideology, and instruction that normalizes sexual activity among
minors. Parents retain the fundamental right to guide the moral and sexual formation of
their children. The legislature further finds that no institutional, religious, or ideological
claim, including any claim that gender is fluid, nonbinary, or self-determined, constitutes
a good-faith religious belief entitled to protection under section 120A.483, as such claims
fall outside any historically recognized body of sincere religious doctrine and are instead
ideological positions that this act is specifically designed to address.
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Sec. 2.
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[120A.481] DEFINITIONS.
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Subdivision 1.
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School.
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"School" means any public, charter, private, or religious
kindergarten through grade 12 institution operating in this state, including any institution
receiving state or local public funds and any institution not receiving public funds.
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Subd. 2.
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Minor.
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"Minor" means any student who is under 18 years of age.
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Subd. 3.
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Knowingly.
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"Knowingly" means that the individual has been informed of a
specific violation or potential violation by written notice or at a public forum, and the
reporting party has provided the means to investigate, including but not limited to copies
of instructional materials, recordings, written communications, curriculum documents, or
other evidence sufficient to identify the alleged violation. Delivery of notice and evidence
to the individual, the individual's supervisor, or the individual's institution satisfies the
knowingly threshold.
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Subd. 4.
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Public forum.
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"Public forum" means any school board meeting, public hearing,
community meeting, or other gathering open to the public at which the alleged violation
was described and the accused individual or their institutional representative was present
or duly notified and given the opportunity to attend.
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Subd. 5.
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Grade school.
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"Grade school" means any school serving students in kindergarten
through grade 6, or any school in which a substantial portion of enrolled students are under
the age of 12.
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Subd. 6.
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Aggravated violation.
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"Aggravated violation" means a violation of section
120A.482 that occurs in a grade school setting, involves repeated conduct directed at the
same or multiple students, or involves deliberate concealment of prohibited conduct from
parents or administrators.
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Subd. 7.
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Good-faith defense.
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"Good-faith defense" means an affirmative defense
available to a teacher or school employee who demonstrates that they:
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(1) were not personally aware that the conduct at issue violated this section;
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(2) received no written notice or training from their administrator identifying such
conduct as prohibited; and
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(3) did not act with deliberate disregard for the welfare of students.
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The good-faith defense is not available to any individual who was personally warned in
writing or at a public forum as provided in subdivision 4, nor to any individual whose
administrator has fulfilled the compliance duty under subdivision 8 and obtained a signed
written acknowledgment from that individual.
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Subd. 8.
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Administrator compliance duty.
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"Administrator compliance duty" means the
affirmative obligation of every school principal, superintendent, and other school
administrator to:
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(1) provide written notice to all teachers, staff, counselors, contractors, and volunteers
under the administrator's supervision of the specific conduct prohibited by this article,
including a plain-language summary of the prohibitions, the penalties for violation, and the
mandatory reporting obligations imposed by this act;
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(2) obtain a signed written acknowledgment from each individual under clause (1)
confirming receipt, review, and understanding of the prohibitions and reporting duties;
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(3) distribute notice and obtain acknowledgments no later than 30 days after the effective
date of this section and annually thereafter, and within ten business days of any new hire
or contractor engagement; and
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(4) maintain copies of all such acknowledgments on file and make them available to the
attorney general, licensing authorities, or law enforcement upon request.
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Failure to fulfill the compliance duty bars the administrator from invoking any defense
premised on lack of notice to teachers and constitutes an independent offense as provided
in section 120A.484, subdivision 3, paragraph (a).
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Sec. 3.
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[120A.482] PROHIBITED INSTRUCTION.
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Subdivision 1.
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Prohibited content.
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A school, school employee, administrator, school
board member, contractor, or volunteer operating within any school in Minnesota is
prohibited from providing, facilitating, permitting, or funding instruction, programming,
counseling, or materials that:
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(1) promote, endorse, or present as valid any gender identity other than biological sex
as determined at birth;
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(2) suggest or assert that biological sex is fluid, changeable, or a matter of personal
choice or perception;
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(3) describe, depict, or discuss sexual practices, sexual preferences, or sexual acts in any
form;
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(4) instruct minors on how to consent to, solicit, or engage in sexual activity with another
person; or
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(5) introduce or affirm concepts of sexual orientation or gender identity to students in
kindergarten through grade 12. This clause constitutes the exclusive governing provision
for all instruction in sexual orientation or gender identity across all grade levels kindergarten
through grade 12 and supersedes any opt-out mechanism otherwise available under section
120A.478 with respect to the content.
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Subd. 2.
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Scope.
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The prohibitions in this section apply to all classroom instruction,
assemblies, counseling sessions, extracurricular programming, guest presentations, and any
school-sponsored digital, online, or printed content distributed to students.
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Sec. 4.
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[120A.483] RELIGIOUS SCHOOLS; NARROW SAVINGS CLAUSE.
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Subdivision 1.
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Limited exemption.
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Nothing in sections 120A.480 to 120A.484 prohibits
a religious institution from teaching doctrinal beliefs that are historically grounded in an
established religious tradition, including teachings that sexual activity is reserved for marriage
between a man and a woman, or that marriage is a sacred covenant between biological males
and biological females.
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Subd. 2.
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Exemption strictly limited.
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The savings clause in subdivision 1 does not
exempt any school or individual from the prohibitions of section 120A.482 with respect to:
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(1) any claim that gender is fluid, nonbinary, self-determined, or exists outside biological
sex as defined at birth, regardless of how the claim is characterized;
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(2) any explicit instruction in sexual practices, sexual acts, or sexual consent as prohibited
by section 120A.482, subdivision 1, clauses (3) and (4); or
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(3) any conduct that has been the subject of a written notice or public forum warning
under section 120A.481, subdivision 3, regardless of the religious character of the institution.
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Subd. 3.
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Good-faith religious claim standard.
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To invoke the savings clause, an
institution must demonstrate that the claimed religious belief:
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(1) is historically documented in the written doctrine, scripture, or authoritative teaching
of the institution's established religious tradition;
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(2) predates the enactment of this statute; and
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(3) does not, in its application, expose students to content prohibited under section
120A.482, subdivision 1, clause (3), (4), or (5).
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The burden of establishing a good-faith religious claim rests on the institution asserting the
exemption. No claim of religious exemption is available to any institution or individual that
has received a written notice or public forum warning under section 120A.481, subdivision
4, with respect to the conduct for which the exemption is sought.
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Sec. 5.
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[120A.484] CRIMINAL PENALTIES; LICENSE REVOCATION;
INSTITUTIONAL LIABILITY.
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Subdivision 1.
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Standard of culpability.
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All criminal liability under this section attaches
upon a showing that the accused acted knowingly as defined in section 120A.481, subdivision
3. A written warning delivered to the accused, or a public forum at which the violation was
described with supporting evidence presented and which the accused attended or was notified
of and given reasonable opportunity to attend, establishes the knowingly threshold as a
matter of law for all subsequent conduct of the same character.
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Subd. 2.
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Teacher and instructor criminal penalties.
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(a) A school employee or contractor
who, having been warned in writing or at a qualifying public forum, continues to engage
in conduct in violation of section 120A.482 is guilty of a felony. Each separate category of
prohibited conduct for which a warning was given and subsequently ignored constitutes a
distinct offense for purposes of charging and sentencing.
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(b) A school employee or contractor who violates section 120A.482 is subject to the
following:
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(1) for a first offense after written or public notice, imprisonment of not less than 18
months and not more than three years, a fine of $5,000 per distinct warned-and-ignored
offense, or both;
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(2) for a violation occurring in a grade school setting or otherwise meeting the definition
in section 120A.481, subdivision 6, imprisonment of not less than three years and not more
than five years, a fine of $10,000 per distinct warned-and-ignored offense, or both; or
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(3) for a second or subsequent conviction under this section, imprisonment of not less
than five years and not more than ten years, a fine of $15,000 per offense, or both. The court
must consider the age of students exposed, the frequency of violations, and the degree of
deliberate concealment as factors supporting the upper range of sentencing.
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(c) Upon conviction under this section, the offender's teaching license or professional
credential must be permanently and irrevocably revoked. The offender must be permanently
disqualified from employment as a teacher, instructor, aide, counselor, contractor, or
volunteer in any school in this state.
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(d) A teacher or school employee may assert the good-faith defense as defined in section
120A.481, subdivision 7. If successfully established, the good-faith defense is a complete
defense to criminal liability under this subdivision. The good-faith defense does not bar
civil liability under subdivision 7, nor does it bar professional discipline or license review
by the appropriate licensing board.
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Subd. 3.
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Administrator criminal penalties and compliance duty.
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(a) An administrator
who fails to fulfill the compliance duty under section 120A.481, subdivision 8, is guilty of
a gross misdemeanor, punishable by imprisonment of no more than one year, a fine of no
more than $5,000, or both, for each annual cycle or hiring instance in which the duty was
not fulfilled. Failure to fulfill the compliance duty also permanently bars the administrator
from invoking any defense premised on lack of notice to teachers or lack of knowledge of
a teacher's conduct.
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(b) An administrator who, having received written notice or having attended or been
duly notified of a public forum at which a violation was presented with supporting evidence,
fails to investigate, remedy, or report the violation within ten business days is guilty of a
felony subject to the same penalties and aggravated penalty provisions as provided in
subdivision 2, without eligibility for the good-faith defense.
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(c) Upon conviction under paragraph (b), the administrator must be permanently removed
from any administrative position in any school in this state and must forfeit any applicable
professional license or certification.
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Subd. 4.
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School board member criminal penalties.
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(a) A school board member who,
having received written notice or having attended or been duly notified of a public forum
at which a violation was presented with supporting evidence, votes to approve, fund, or
continue prohibited programming, or who fails to initiate corrective action within ten business
days of receiving such notice, is guilty of a felony subject to the same penalties and
aggravated penalty provisions as provided in subdivision 2.
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(b) Upon conviction, the board member must be immediately removed from office and
permanently disqualified from serving on any school board or in any school administrative
capacity in Minnesota.
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Subd. 5.
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Mandatory reporting.
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(a) Any teacher, counselor, aide, or other school
employee who directly observes or receives credible evidence of a violation of section
120A.482 must report the violation in writing to the school's principal or superintendent
within ten business days of observation or discovery.
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(b) Any school administrator who receives a report under paragraph (a), or who directly
observes or discovers a violation independently, must report the violation in writing to the
school board and to the office of the attorney general within ten business days of receiving
the report or making the discovery.
new text end
new text begin
(c) A school employee who in good faith relies on representations made by an
administrator that specific conduct is lawful, and who later discovers that such representations
were false or incomplete, satisfies the mandatory reporting duty by reporting directly to the
attorney general within ten business days of discovering the discrepancy. A report under
this paragraph constitutes a whistleblower disclosure for purposes of subdivision 8.
new text end
new text begin
(d) Failure to report as required under paragraph (a) or (b) is a gross misdemeanor for
a first offense, punishable by imprisonment of not more than one year, a fine of not more
than $3,000, or both. A second or subsequent failure to report is a felony, punishable by
imprisonment of not less than one year and not more than three years, a fine of not more
than $10,000, or both.
new text end
new text begin
(e) The mandatory reporting obligation does not require the reporting party to have
personal knowledge that a criminal violation has occurred. A good-faith belief that prohibited
conduct may have taken place is sufficient to trigger the reporting duty.
new text end
new text begin
Subd. 6.
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Institutional penalties.
new text end
new text begin
A school that by official action, policy, or deliberate
indifference approves, funds, or fails to remedy a known violation of section 120A.482 is
subject to:
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new text begin
(1) a civil penalty of not less than $10,000 and not more than $100,000 per violation,
recoverable by the attorney general; and
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new text begin
(2) loss of state education funding in an amount determined by the commissioner of
education not to exceed 25 percent of the district's or institution's annual state aid or public
funding, until the violation is remedied and the institution certifies compliance in writing
to the commissioner.
new text end
new text begin
Subd. 7.
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Private right of action.
new text end
new text begin
A parent or legal guardian of a minor subjected to
prohibited instruction may bring a civil action for declaratory relief, injunctive relief, and
damages of not less than $5,000 per incident, plus reasonable attorney fees and costs.
new text end
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Subd. 8.
new text end
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Whistleblower protection; indemnification; reward.
new text end
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(a) A school employee,
parent, student, or any other individual must not be retaliated against for reporting a suspected
violation of this article to a supervisor, school board, licensing authority, the attorney general,
or law enforcement.
new text end
new text begin
(b) Any individual whose report of a violation results in the collection of a civil or
criminal fine under this section shall receive 30 percent of all fines collected as a direct
result of that report, paid from the collected fines before remittance to the state. Where the
reporting individual is a minor student, the 30 percent reward shall be held in trust by the
attorney general and disbursed in full to the student upon reaching the age of 18, without
reduction, offset, or condition.
new text end
new text begin
(c) Any whistleblower, including a student, parent, school employee, or any other
individual, who is named as a defendant or respondent in any civil, administrative, or other
legal proceeding brought by or on behalf of a school, school district, administrator, board
member, or school employee, and where the proceeding arises directly or indirectly from
the whistleblower's report of a violation under this article, must be fully indemnified by the
school district in which the reported violation occurred. Such indemnification shall cover
all reasonable attorney fees, court costs, damages awarded against the whistleblower, and
any other costs or expenses arising from the retaliatory proceeding. The obligation to
indemnify attaches upon the filing of the retaliatory proceeding and is not contingent upon
a preliminary or final determination of liability. A school district that fails to provide
indemnification within 30 days of written demand by the whistleblower is subject to a civil
penalty of not less than $5,000 per month of noncompliance, recoverable by the attorney
general.
new text end
new text begin
(d) Retaliation against a whistleblower, including but not limited to termination, demotion,
harassment, filing of retaliatory legal proceedings, or any other adverse action, is a gross
misdemeanor for a first offense and a felony for a second or subsequent offense, subject to
the same penalties as provided in subdivision 2, paragraph (b), clause (1).
new text end
ARTICLE 5
THERAPEUTIC CHOICE; PROHIBITION OF ABUSIVE PRACTICES
Section 1.
new text begin
[214.079] THERAPEUTIC CHOICE AND YOUTH COUNSELING
SAFEGUARDS.
new text end
new text begin
Subdivision 1.
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new text begin
Purpose.
new text end
new text begin
The purpose of this section is to protect client-directed and
freedom-respecting counseling while prohibiting coercive, fraudulent, or aversive practices.
new text end
new text begin
Subd. 2.
new text end
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Protected counseling; no discipline solely for goals.
new text end
new text begin
(a) A licensing board
must not discipline a licensee solely for providing noncoercive talk therapy, open-ended
exploration, or counseling requested by:
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new text begin
(1) an adult client; or
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(2) for a minor, the minor and the minor's parent or legal guardian.
new text end
new text begin
Where the counseling is directed toward the client's stated goals, including reducing unwanted
sexual behaviors, addressing distress, strengthening family relationships, or pursuing
counseling consistent with sincerely held religious beliefs.
new text end
new text begin
(b) A licensing board must not require a predetermined ideological outcome as a condition
of licensure, and must not discipline a licensee for declining to recommend or prepare a
minor for a procedure prohibited under section 145.9991.
new text end
new text begin
Subd. 3.
new text end
new text begin
Prohibited practices; unprofessional conduct.
new text end
new text begin
It is unprofessional conduct
for a licensee to engage in coercive, fraudulent, or aversive practices, including physical
force; threats; intimidation; blackmail; or humiliating, degrading, or physically aversive
techniques.
new text end
new text begin
Subd. 4.
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new text begin
Enforcement.
new text end
new text begin
This section may be enforced through existing disciplinary
authority of licensing boards and by the attorney general for injunctive relief against systemic
violations.
new text end
Sec. 2.
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REPEALER.
new text end
new text begin
Minnesota Statutes 2024, section 214.078,
new text end
new text begin
is repealed.
new text end
ARTICLE 6
CRIMES AGAINST CHILDREN; GROOMING
Section 1.
Minnesota Statutes 2024, section 243.166, subdivision 1b, is amended to read:
Subd. 1b.
Registration required.
(a) A person shall register under this section if:
(1) the person was charged with or petitioned for a felony violation of or attempt to
violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted
of or adjudicated delinquent for that offense or another offense arising out of the same set
of circumstances:
(i) murder under section
609.185
, paragraph (a), clause (2);
(ii) kidnapping under section
609.25
;
(iii) criminal sexual conduct under section
609.342
;
609.343
;
609.344
;
609.345
;
609.3451,
subdivision 3
, paragraph (b); or
609.3453
;
(iv) indecent exposure under section
617.23, subdivision 3
; or
(v) surreptitious intrusion under the circumstances described in section
609.746
,
subdivision 1, paragraph (h);
(2) the person was charged with or petitioned for a violation of, or attempt to violate, or
aiding, abetting, or conspiring to commit any of the following and convicted of or adjudicated
delinquent for that offense or another offense arising out of the same set of circumstances:
(i) criminal abuse in violation of Minnesota Statutes 2020, section
609.2325, subdivision
1
, paragraph (b);
(ii) solicitation, inducement, or promotion of the prostitution of a minor or engaging in
the sex trafficking of a minor in violation of section
609.322
;
(iii) a prostitution offense in violation of section
609.324
, subdivision 1, paragraph (a);
(iv) soliciting a minor to engage in sexual conduct in violation of section
609.352
,
subdivision 2 or 2a, clause (1);
(v) using a minor in a sexual performance in violation of section
617.246
; or
(vi) possessing or disseminating a pornographic work involving a minor in violation of
section
617.247
;
(3) the person was sentenced as a patterned sex offender under section
609.3455,
subdivision 3a
; or
(4) the person was charged with or petitioned for, including pursuant to a court martial,
violating a law of the United States, including the Uniform Code of Military Justice, similar
to an offense or involving similar circumstances to an offense described in clause (1), (2),
or (3), and convicted of or adjudicated delinquent for that offense or another offense arising
out of the same set of circumstances.
(b) A person also shall register under this section if:
(1) the person was charged with or petitioned for an offense in another state similar to
an offense or involving similar circumstances to an offense described in paragraph (a),
clause (1), (2), or (3), and convicted of or adjudicated delinquent for that offense or another
offense arising out of the same set of circumstances;
(2) the person enters this state to reside, work, or attend school, or enters this state and
remains for 14 days or longer or for an aggregate period of time exceeding 30 days during
any calendar year; and
(3) ten years have not elapsed since the person was released from confinement or, if the
person was not confined, since the person was convicted of or adjudicated delinquent for
the offense that triggers registration, unless the person is subject to a longer registration
period under the laws of another state in which the person has been convicted or adjudicated,
or is subject to lifetime registration.
If a person described in this paragraph is subject to a longer registration period in another
state or is subject to lifetime registration, the person shall register for that time period
regardless of when the person was released from confinement, convicted, or adjudicated
delinquent.
(c) A person also shall register under this section if the person was committed pursuant
to a court commitment order under Minnesota Statutes 2012, section 253B.185, chapter
253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the
United States, regardless of whether the person was convicted of any offense.
(d) A person also shall register under this section if:
(1) the person was charged with or petitioned for a felony violation or attempt to violate
any of the offenses listed in paragraph (a), clause (1), or a similar law of another state or
the United States, or the person was charged with or petitioned for a violation of any of the
offenses listed in paragraph (a), clause (2), or a similar law of another state or the United
States;
(2) the person was found not guilty by reason of mental illness or mental deficiency
after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in
states with a guilty but mentally ill verdict; and
(3) the person was committed pursuant to a court commitment order under section
253B.18
or a similar law of another state or the United States.
new text begin
(e) A person shall also register under this section if the person is charged with and
convicted of a violation of section 609.3521.
new text end
Sec. 2.
new text begin
[609.3521] GROOMING OF A MINOR FOR SEXUAL EXPLOITATION.
new text end
new text begin
Subdivision 1.
new text end
new text begin
Definitions.
new text end
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Minor" means an individual under 18 years of age.
new text end
new text begin
(c) "Electronic communication" means any transfer of signs, signals, writing, images,
sounds, data, or intelligence by wire, radio, electromagnetic, photoelectronic, or photo-optical
systems, including text messages, email, social media, messaging apps, and Internet-based
platforms.
new text end
new text begin
(d) "Pattern" means two or more acts occurring over any period of time, however short,
that evidence a continuity of purpose.
new text end
new text begin
Subd. 2.
new text end
new text begin
Crime.
new text end
new text begin
A person is guilty of grooming of a minor for sexual exploitation if the
person purposely or knowingly engages in a pattern of conduct, in person or by electronic
communication, directed at a minor or the minor's parent or legal guardian, with intent to:
new text end
new text begin
(1) manipulate, coerce, or entice the minor into sexual conduct, actual or simulated;
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new text begin
(2) distribute, facilitate access to, or solicit sexually explicit material involving the minor;
new text end
new text begin
(3) arrange or attempt to arrange a meeting for the purpose of committing a sexual
offense; or
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new text begin
(4) exploit a position of trust or authority to develop an intimate, secret, or controlling
relationship with the minor for sexual exploitation.
new text end
new text begin
Subd. 3.
new text end
new text begin
No meeting requirement.
new text end
new text begin
Any offense under subdivision 2 does not require
physical contact or an in-person meeting.
new text end
new text begin
Subd. 4.
new text end
new text begin
Law enforcement decoy clause; mistake as to age.
new text end
new text begin
It is not a defense that the
intended victim was a law enforcement officer or decoy, provided the actor believed or had
reasonable grounds to believe the individual was a minor. It is not a defense that the actor
was mistaken about the victim's age if the actor believed or had reasonable grounds to
believe the victim was a minor.
new text end
new text begin
Subd. 5.
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new text begin
Close-in-age limitation.
new text end
new text begin
This section does not apply if:
new text end
new text begin
(1) the minor is at least 14 years of age;
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new text begin
(2) the actor is not more than 24 months older than the minor;
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new text begin
(3) the actor is not in a position of trust or authority over the minor; and
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new text begin
(4) the conduct does not involve threats, coercion, or distribution of sexually explicit
material.
new text end
new text begin
Subd. 6.
new text end
new text begin
Penalties.
new text end
new text begin
(a) For a base offense, felony; imprisonment for no more than ten
years or a fine of no more than $20,000, or both.
new text end
new text begin
(b) For an aggravated offense, felony; imprisonment for no more than 20 years or a fine
of no more than $40,000, or both, if any of the following apply:
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new text begin
(1) the minor is under 16 years of age;
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new text begin
(2) the actor used a position of trust or authority; or
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new text begin
(3) the actor distributed or facilitated access to sexually explicit material.
new text end
new text begin
(c) For a severe offense, felony; imprisonment for no more than 30 years or a fine of no
more than $60,000, or both, if any of the following apply:
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new text begin
(1) the minor is under 13 years of age; or
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new text begin
(2) the grooming involved arranging travel or repeated conduct involving multiple
victims.
new text end
Sec. 3.
new text begin
REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes must prepare and submit to the chairs of the judiciary and public
safety committees proposed conforming amendments to align child-protection definitions
across Minnesota Statutes, chapters 609 and 617, so that "minor" means an individual under
18 years of age, with graduated penalties by age where appropriate, and to ensure
cross-references to "sexual conduct" and related terms remain clear.
new text end
ARTICLE 7
RESTORE HOME-STATE JURISDICTION; REPEAL SANCTUARY PROVISIONS
Section 1.
new text begin
[260C.999] NO ADVERSE CUSTODY OR CHILD-PROTECTION
ACTION SOLELY FOR REFUSAL.
new text end
new text begin
A parent's good-faith decision to decline puberty blockers, cross-sex hormones,
sex-trait-altering procedures, or other gender transition procedures for a minor does not, by
itself, constitute abuse or neglect or grounds for an adverse custody determination, provided
the parent supplies necessary care, protection, and support.
new text end
Sec. 2.
Minnesota Statutes 2024, section 518D.201, is amended to read:
518D.201 INITIAL CHILD CUSTODY JURISDICTION.
(a) Except as otherwise provided in section
518D.204
, a court of this state has jurisdiction
to make an initial child custody determination only if:
(1) this state is the home state of the child on the date of the commencement of the
proceeding, or was the home state of the child within six months before the commencement
of the proceeding and the child is absent from this state but a parent or person acting as a
parent continues to live in this state;
(2) a court of another state does not have jurisdiction under clause (1), or a court of the
home state of the child has declined to exercise jurisdiction on the ground that this state is
the more appropriate forum under section
518D.207
or
518D.208
, and:
(i) the child and the child's parents, or the child and at least one parent or a person acting
as a parent, have a significant connection with this state other than mere physical presence;
and
(ii) substantial evidence is available in this state concerning the child's care, protection,
training, and personal relationships;
(3) all courts having jurisdiction under clause (1) or (2) have declined to exercise
jurisdiction on the ground that a court of this state is the more appropriate forum to determine
the custody of the child under section
518D.207
or
518D.208
; or
(4) no court of any other state would have jurisdiction under the criteria specified in
clause (1), (2), or (3).
(b) Paragraph (a) is the exclusive jurisdictional basis for making a child custody
determination by a court of this state.
(c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary
or sufficient to make a child custody determination.
deleted text begin
(d) The presence of a child in this state for the purpose of obtaining gender-affirming
health care as defined in section
543.23
, paragraph (b), is sufficient to meet the requirements
of paragraph (a), clause (2), item (i).
deleted text end
Sec. 3.
Minnesota Statutes 2024, section 518D.204, is amended to read:
518D.204 TEMPORARY EMERGENCY JURISDICTION.
(a) A court of this state has temporary emergency jurisdiction if the child is present in
this state and:
(1) the child has been abandoned;
new text begin
or
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(2) it is necessary in an emergency to protect the child because the child, or a sibling or
parent of the child, is subjected to or threatened with mistreatment or abuse
deleted text begin
; or
deleted text end
new text begin
.
new text end
deleted text begin
(3) the child has been unable to obtain gender-affirming health care as defined in section
543.23
, paragraph (b).
deleted text end
(b) If there is no previous child custody determination that is entitled to be enforced
under this chapter, and a child custody proceeding has not been commenced in a court of a
state having jurisdiction under sections
518D.201
to
518D.203
, a child custody determination
made under this section remains in effect until an order is obtained from a court of a state
having jurisdiction under sections
518D.201
to
518D.203
. If a child custody proceeding
has not been or is not commenced in a court of a state having jurisdiction under sections
518D.201
to
518D.203
, a child custody determination made under this section becomes a
final determination, if it so provides and this state becomes the home state of the child.
(c) If there is a previous child custody determination that is entitled to be enforced under
this chapter, or a child custody proceeding has been commenced in a court of a state having
jurisdiction under sections
518D.201
to
518D.203
, any order issued by a court of this state
under this section must specify in the order a period that the court considers adequate to
allow the person seeking an order to obtain an order from the state having jurisdiction under
sections
518D.201
to
518D.203
. The order issued in this state remains in effect until an
order is obtained from the other state within the period specified or the period expires.
(d) A court of this state which has been asked to make a child custody determination
under this section, upon being informed that a child custody proceeding has been commenced
in, or a child custody determination has been made by, a court of a state having jurisdiction
under sections
518D.201
to
518D.203
, shall immediately communicate with the other court.
A court of this state which is exercising jurisdiction pursuant to sections
518D.201
to
518D.203
, upon being informed that a child custody proceeding has been commenced in,
or a child custody determination has been made by, a court of another state under a statute
similar to this section shall immediately communicate with the court of that state to resolve
the emergency, protect the safety of the parties and the child, and determine a period for
the duration of the temporary order.
Sec. 4.
Minnesota Statutes 2024, section 518D.207, is amended to read:
518D.207 INCONVENIENT FORUM.
(a) A court of this state which has jurisdiction under this chapter to make a child custody
determination may decline to exercise its jurisdiction at any time if it determines that it is
an inconvenient forum under the circumstances and that a court of another state is a more
appropriate forum. The issue of inconvenient forum may be raised upon motion of a party,
the court's own motion, or request of another court.
(b) Before determining whether it is an inconvenient forum, a court of this state shall
consider whether it is appropriate for a court of another state to exercise jurisdiction. For
this purpose, the court shall allow the parties to submit information and shall consider all
relevant factors, including:
(1) whether domestic violence has occurred and is likely to continue in the future and
which state could best protect the parties and the child;
(2) the length of time the child has resided outside this state;
(3) the distance between the court in this state and the court in the state that would assume
jurisdiction;
(4) the relative financial circumstances of the parties;
(5) any agreement of the parties as to which state should assume jurisdiction;
(6) the nature and location of the evidence required to resolve the pending litigation,
including testimony of the child;
(7) the ability of the court of each state to decide the issue expeditiously and the
procedures necessary to present the evidence; and
(8) the familiarity of the court of each state with the facts and issues in the pending
litigation.
(c) If a court of this state determines that it is an inconvenient forum and that a court of
another state is a more appropriate forum, it shall stay the proceedings upon condition that
a child custody proceeding be promptly commenced in another designated state and may
impose any other condition the court considers just and proper.
(d) A court of this state may decline to exercise its jurisdiction under this chapter if a
child custody determination is incidental to an action for marriage dissolution or another
proceeding while still retaining jurisdiction over the marriage dissolution or other proceeding.
deleted text begin
(e) In a case where the provision of gender-affirming health care for a child is at issue,
a court of this state shall not determine that this state is an inconvenient forum if the law or
policy of the other state that may take jurisdiction limits the ability of a parent to obtain
gender-affirming health care as defined in section
543.23
, paragraph (b), for the parent's
child.
deleted text end
Sec. 5.
new text begin
REPEALER.
new text end
new text begin
Minnesota Statutes 2024, sections 260.925; and 543.23,
new text end
new text begin
are repealed.
new text end
ARTICLE 8
CONSTRUCTION; SEVERABILITY; EFFECTIVE DATE
Section 1.
new text begin
CONSTRUCTION.
new text end
new text begin
This act shall be construed to protect minors and parental rights consistent with the
Minnesota Constitution and United States Constitution. Nothing in this act may be construed
to criminalize or punish mere viewpoints or religious beliefs. This act regulates specified
conduct and establishes protections and remedies.
new text end
Sec. 2.
new text begin
SEVERABILITY.
new text end
new text begin
If any provision of this act or its application is held invalid, the invalidity does not affect
other provisions or applications that can be given effect without the invalid provision or
application.
new text end
Sec. 3.
new text begin
EFFECTIVE DATE.
new text end
new text begin
This act is effective 90 days after final enactment.
new text end
APPENDIX
Repealed Minnesota Statutes: 26-08026
214.078 PROTECTION FROM CONVERSION THERAPY.
Subdivision 1.
Definitions.
(a) "Client" for purposes of this section means a person requesting or receiving services from a mental health practitioner or mental health professional within the context of a relationship that a reasonable person would construe as a professional relationship. A client may include a child, adolescent, adult, couple, family, group, organization, community, or other entity.
(b) "Conversion therapy" means any practice by a mental health practitioner as defined in section
245I.02, subdivision 26
, or mental health professional as defined in section
245I.02, subdivision 27
, that seeks to change an individual's sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender. Conversion therapy does not include counseling, practice, or treatment that provides assistance to an individual undergoing gender transition, or counseling, practice, or treatment that provides acceptance, support, and understanding of an individual or facilitates an individual's coping, social support, and identity exploration and development, including sexual-orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices, as long as the counseling, practice, or treatment does not seek to change an individual's sexual orientation or gender identity.
Subd. 2.
Prohibition.
(a) No mental health practitioner or mental health professional shall engage in conversion therapy with a client younger than 18 years of age or with a client who is a vulnerable adult as defined in section
626.5572, subdivision 21
.
(b) Conversion therapy attempted by a mental health practitioner or mental health professional with a client younger than 18 years of age or with a client who is a vulnerable adult shall be considered unprofessional conduct that may subject the mental health practitioner or mental health professional to disciplinary action by the licensing board of the mental health practitioner or mental health professional.
260.925 APPLICATION OF LAWS; GENDER-AFFIRMING HEALTH CARE.
A law of another state that authorizes a state agency to remove a child from the child's parent or guardian because the parent or guardian allowed the child to receive gender-affirming health care, as defined in section
543.23
, paragraph (b), is against the public policy of this state and must not be enforced or applied in a case pending in a court in this state. A court order for the removal of a child issued in another state because the child's parent or guardian assisted the child in receiving gender-affirming care in this state must not be enforced in this state.
543.23 UNENFORCEABLE SUBPOENAS.
(a) No subpoena shall be issued and no foreign subpoena shall be recognized in this state in a criminal or civil matter if the subpoena is related to a violation of another state's laws when the other state's laws are designed to interfere with an individual's right to receive gender-affirming health care. Failure to comply with a subpoena seeking information related to a person or entity allowing or assisting a child or an adult to receive gender-affirming health care when the information is being requested to enforce another state's laws that allow a civil or criminal action to be brought against a person for allowing or providing gender-affirming health care must not be the basis for contempt under section
588.01
.
(b) "Gender-affirming health care" means medically necessary health care or mental health care that respects the gender identity of the patient, as experienced and defined by the patient, and that may include but is not limited to:
(1) interventions to suppress the development of endogenous secondary sex characteristics;
(2) interventions to align the patient's appearance or physical body with the patient's gender identity;
(3) interventions to alleviate the patient's symptoms of clinically significant distress resulting from gender dysphoria as defined in the current version of the Diagnostic and Statistical Manual of Mental Disorders; and
(4) developmentally appropriate exploration and integration of the patient's gender identity, reduction of the patient's distress, adaptive coping, and strategies to increase family acceptance of the patient's gender identity.