SF 3714

as introduced - 93rd Legislature (2023 - 2024) Posted on 05/10/2024 09:29am

A bill for an act
relating to children; modifying the meaning of neglect by permitting a parent or
caregiver to allow children to engage in certain independent activities without
adult supervision; amending Minnesota Statutes 2022, section 260E.03, subdivision
15.

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

Section 1.

Minnesota Statutes 2022, 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, 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 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; or

(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.

(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.

new text begin (c) No child whose parent or other person responsible for the child's care allows the
child to engage in independent activities without adult supervision shall for that reason
alone be considered to be an abused or neglected child, provided that (1) such independent
activities are appropriate based on the child's age, maturity, and physical and mental abilities,
and (2) such lack of adult supervision does not constitute conduct that is so grossly negligent
as to endanger the health or safety of the child. Such independent activities include but are
not limited to traveling to or from school or nearby locations by bicycle or on foot, playing
outdoors, and remaining at home for a reasonable period of time.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end 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.