SF 1134

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/26/2021 01:02pm

A bill for an act
relating to children; modifying the definition of neglect; amending Minnesota
Statutes 2020, section 260E.03, subdivision 15.

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

Section 1.

Minnesota Statutes 2020, section 260E.03, subdivision 15, is amended to read:

Subd. 15.

Neglect.

(a) "Neglect" means the commission or omission of any of the acts
specified under clauses (1) to (8), other than by accidental means:

(1) failure by a person responsible for a child's care to supply a child with necessary
food, clothing, shelter, health, medical, new text begin including providing a child with access to language
and acquisition of language, such as teaching American Sign Language to a deaf child, new text end or
other care required for the child's physical or mental health when reasonably able to do so;

(2) failure to protect a child from conditions or actions that seriously endanger the child's
physical or mental health when reasonably able to do so, including a growth delay, which
may be referred to as a failure to thrive, that has been diagnosed by a physician and is due
to parental neglect;

(3) failure to provide for necessary supervision or child care arrangements appropriate
for a child after considering factors as the child's age, mental ability, physical condition,
length of absence, or environment, when the child is unable to care for the child's own basic
needs or safety, or the basic needs or safety of another child in their care;

(4) failure to ensure that the child is educated as defined in sections 120A.22 and
260C.163, subdivision 11, which new text begin includes providing the child with access to language and
acquisition of language, such as teaching American Sign Language to a deaf child, but new text end does
not include a parent's refusal to provide the parent's child with sympathomimetic medications,
consistent with section 125A.091, subdivision 5;

(5) prenatal exposure to a controlled substance, as defined in section 253B.02, subdivision
2, used by the mother for a nonmedical purpose, as evidenced by withdrawal symptoms in
the child at birth, results of a toxicology test performed on the mother at delivery or the
child at birth, medical effects or developmental delays during the child's first year of life
that medically indicate prenatal exposure to a controlled substance, or the presence of a
fetal alcohol spectrum disorder;

(6) medical neglect, as defined in section 260C.007, subdivision 6, clause (5);

(7) chronic and severe use of alcohol or a controlled substance by a person responsible
for the child's care that adversely affects the child's basic needs and safety; deleted text begin or
deleted text end

(8) emotional harm from a pattern of behavior that contributes to impaired emotional
functioning of the child which may be demonstrated by a substantial and observable effect
in the child's behavior, emotional response, or cognition that is not within the normal range
for the child's age and stage of development, with due regard to the child's culture deleted text begin . deleted text end new text begin ;
new text end

new text begin (9) failure to teach a deaf child sign language, thus depriving the child of the ability to
communicate with others;
new text end

new text begin (10) failure by a child's caregiver to provide a child with a language-rich environment,
thus depriving the child of language or obstructing the child from learning language. Without
a language-rich environment, a child may become developmentally and socially delayed.
A language-rich environment is an environment in which a child has language learning
opportunities on par with peers. A language-rich environment for a deaf child is an
environment in which language, such as American Sign Language, is accessible to a child
without medical intervention; or
new text end

new text begin (11) obstruction or deprivation of a child's accessible and cultural language. A child
must have robust access to learning experiences, as well as informal and educational
environments at home and outside of the home. Children with some physical conditions
can receive rich language access through other languages more compatible with their
conditions.
new text end

(b) Nothing in this chapter shall be construed to mean that a child is neglected solely
because the child's parent, guardian, or other person responsible for the child's care in good
faith selects and depends upon spiritual means or prayer for treatment or care of disease or
remedial care of the child in lieu of medical care.

(c) This chapter does not impose upon persons not otherwise legally responsible for
providing a child with necessary food, clothing, shelter, education, or medical care a duty
to provide that care.