Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                         CHAPTER 33-S.F.No. 234 
           An act relating to juvenile justice; defining "child 
          in need of protection or services" and "child abuse"; 
          amending Minnesota Statutes 1992, section 260.015, 
          subdivision 2a, and by adding a subdivision. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1992, section 260.015, 
subdivision 2a, is amended to read: 
    Subd. 2a.  [CHILD IN NEED OF PROTECTION OR SERVICES.] 
"Child in need of protection or services" means a child who is 
in need of protection or services because the child: 
    (1) is abandoned or without parent, guardian, or custodian; 
    (2)(i) has been a victim of physical or sexual abuse, or 
(ii) resides with or has resided with a victim of domestic child 
abuse as defined in subdivision 24, (iii) resides with or would 
reside with a perpetrator of domestic child abuse or child abuse 
as defined in subdivision 28, or (iv) is a victim of emotional 
maltreatment as defined in subdivision 5a; 
    (3) is without necessary food, clothing, shelter, 
education, or other required care for the child's physical or 
mental health or morals because the child's parent, guardian, or 
custodian is unable or unwilling to provide that care; 
    (4) is without the special care made necessary by a 
physical, mental, or emotional condition because the child's 
parent, guardian, or custodian is unable or unwilling to provide 
that care; 
    (5) is medically neglected, which includes, but is not 
limited to, the withholding of medically indicated treatment 
from a disabled infant with a life-threatening condition.  The 
term "withholding of medically indicated treatment" means the 
failure to respond to the infant's life-threatening conditions 
by providing treatment, including appropriate nutrition, 
hydration, and medication which, in the treating physician's or 
physicians' reasonable medical judgment, will be most likely to 
be effective in ameliorating or correcting all conditions, 
except that the term does not include the failure to provide 
treatment other than appropriate nutrition, hydration, or 
medication to an infant when, in the treating physician's or 
physicians' reasonable medical judgment: 
        (i) the infant is chronically and irreversibly comatose; 
      (ii) the provision of the treatment would merely prolong 
dying, not be effective in ameliorating or correcting all of the 
infant's life-threatening conditions, or otherwise be futile in 
terms of the survival of the infant; or 
     (iii) the provision of the treatment would be virtually 
futile in terms of the survival of the infant and the treatment 
itself under the circumstances would be inhumane; 
     (6) is one whose parent, guardian, or other custodian for 
good cause desires to be relieved of the child's care and 
custody; 
    (7) has been placed for adoption or care in violation of 
law; 
    (8) is without proper parental care because of the 
emotional, mental, or physical disability, or state of 
immaturity of the child's parent, guardian, or other custodian; 
    (9) is one whose behavior, condition, or environment is 
such as to be injurious or dangerous to the child or others.  An 
injurious or dangerous environment may include, but is not 
limited to, the exposure of a child to criminal activity in the 
child's home; 
    (10) has committed a delinquent act before becoming ten 
years old; 
    (11) is a runaway; 
    (12) is an habitual truant; or 
    (13) is one whose custodial parent's parental rights to 
another child have been involuntarily terminated within the past 
five years. 
    Sec. 2.  Minnesota Statutes 1992, section 260.015, is 
amended by adding a subdivision to read: 
    Subd. 28.  [CHILD ABUSE.] "Child abuse" means an act that 
involves a minor victim and that constitutes a violation of 
section 609.221, 609.222, 609.223, 609.224, 609.322, 609.323, 
609.324, 609.342, 609.343, 609.344, 609.345, 609.377, 609.378, 
or 617.246. 
    Presented to the governor April 16, 1993 
    Signed by the governor April 19, 1993, 2:42 p.m.