HF 4793

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/02/2024 01:14pm

A bill for an act
relating to child maltreatment; modifying child maltreatment reporting; creating
a criminal penalty for preventing a report; amending Minnesota Statutes 2022,
sections 260E.06, subdivision 1; 260E.08.

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

Section 1.

Minnesota Statutes 2022, 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 within
the preceding three years 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) employed as a member of the clergy and received the information while engaged in
ministerial duties, provided that a member of the clergy 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.

new text begin (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.
new text end

Sec. 2.

Minnesota Statutes 2022, 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 maltreated, as defined in section 260E.03, or has been
maltreated within the preceding three years, and fails to report is guilty of a 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 not related to the offender have been maltreated,
as defined in section 260E.03, by the same offender within the preceding ten years, and
fails to report is guilty of a gross misdemeanor.

(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.

new text begin (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 misdemeanor.
new text end