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626.5552 Child exposed to domestic violence.

(a) A child is considered to have been exposed to domestic violence when:

(1) a parent or other person responsible for the care of the child engages in violent behavior that imminently or seriously endangers the child's physical or mental health;

(2) a parent or other person responsible for the care of the child engages in repeated domestic assault that would constitute a violation of section 609.2242, subdivision 2 or 4;

(3) the child has witnessed repeated incidents of domestic violence as defined in section 518B.01; or

(4) a parent or other person responsible for the care of the child engages in chronic and severe use of alcohol or a controlled substance that adversely affects the child's basic needs and safety.

(b) In determining the protective action to take and the services to be offered to the child and family when a child has been exposed to domestic violence, the local welfare agency shall consider the safety and well-being of the child and the safety of a parent who is a victim of domestic violence. In determining whether there is a need for child protective services, the local welfare agency shall take into account the presence of protective factors in the child's environment. These factors include, but are not limited to:

(1) whether the child is or has been the victim of physical abuse, sexual abuse, or neglect as defined in section 626.556, subdivision 2;

(2) the age of the child;

(3) the length of time since an incident of being exposed to domestic violence;

(4) the child's relationship to the parent and the perpetrator of domestic violence; and

(5) whether steps are or have been taken to exclude the abuser from the home of the child or the adult victim sought protective services such as shelters, counseling, or advocacy services, legal recourse, or other remedies.

HIST: 2000 c 401 s 2

* NOTE: This section, as added by Laws 2000, chapter 401, *section 2, is effective July 1, 2001, if funding is authorized *for implementation. Laws 2000, chapter 401, section 5.

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Revisor of Statutes