2005 Minnesota Statutes

     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