Statute: §§ 260C.007; 626.556

Standard

Infliction of harm

Inadequate ability to provide adequate parental care

Exemption

Corporal punishment

Religious exemption

Cultural practices

Reasonable force by a teacher, principal, or school employee

Categories of Maltreatment Defined in Statute

Physical abuse

Neglect

Sexual abuse

Sexual exploitation

Emotional/mental injury

Categories of Maltreatment Not Defined in Statute

Abandonment

DEFINITIONS

Minn. Stat. Ann. § 260C.007 (West, WESTLAW through Minn. 2003 Legis. Serv., Ch. 2)

'Child abuse' means an act that involves a minor victim and that constitutes a violation of criminal statutes regarding:

Assault of any degree;

Domestic assault;

Solicitation, inducement, and promotion of
prostitution;

Criminal sexual conduct of any degree;

Malicious punishment of a child;

Neglect or endangerment of a child;

Use of minors in a sexual performance.

'Emotional maltreatment' means the consistent, deliberate infliction of mental harm on a child by a person responsible for the child's care, that has an observable...adverse effect on the child's physical, mental, or emotional development.

Minn. Stat. Ann. § 626.556 (West, WESTLAW through End of 2002 1st Sp. Sess.)

'Neglect' means:

Failure by a person responsible for a child's care to supply a child with food, clothing, shelter, health, medical, or other care required for the child's physical or mental health when reasonably able to do so;

Failure to protect a child from conditions or actions that seriously endanger the child's physical or mental health;Failure to provide for necessary supervision or child care appropriate for a child after considering factors as the child's age, mental ability, physical condition, length of absence, or environment;

Failure to ensure that the child is educated as required by law;

Prenatal exposure to a controlled substance, 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 or child at delivery, or medical effects or developmental delays during the child's first year of life;

'Medical neglect' as defined in § 260C.007, which includes, but is not limited to, the withholding of medically indicated treatment from a disabled infant with a life-threatening condition;

Chronic and severe use of alcohol or a controlled substance by a parent or person responsible for the care of the child that adversely affects the child's basic needs and safety; or

Emotional harm from a pattern of behavior which contributes to impaired emotional functioning of the child which may be demonstrated by a substantial and observable effect in the child's behavior...that is not within the normal range for the child's age and stage of development, with due regard to the child's culture.

'Physical abuse' means any physical, mental, or threatened injury, inflicted by a person responsible for the child's care on a child other than by accidental means, or any injury that cannot reasonably be explained by the child's history of injuries, or any aversive and deprivation procedures, or regulated interventions, that have not been authorized by law. Abuse does not include reasonable and moderate physical discipline of a child administered by a parent or legal guardian, which does not result in an injury. Actions which are not reasonable and moderate include, but are not limited to, any of the following that are done in anger or without regard to the safety of the child:

Throwing, kicking, burning, biting, or cutting a child;

Striking a child with a closed fist;

Shaking a child under age 3;

Striking or other actions which result in any
nonaccidental injury to a child under 18 months
of age;

Unreasonable interference with a child's
breathing;

Threatening a child with a weapon;

Striking a child under age one on the face or
head;

Purposely giving a child poison, alcohol, or
dangerous or controlled substances which were not
prescribed for the child, in order to control or
punish the child; or other substances that substantially affect the child¿s behavior...that results in sickness or injury;

Unreasonable physical confinement or restraint not permitted by law.

'Sexual abuse' means the subjection of a child by a person responsible for the child's care, by a person who has a significant relationship to the child, or by a person in a position of authority, to any act which constitutes a violation of statutes pertaining to criminal sexual conduct. Sexual abuse also includes any act which involves a minor, which constitutes a violation of prostitution offenses. Sexual abuse includes threatened sexual abuse.

'Threatened injury' means a statement, overt act, condition, or status that represents a substantial risk of physical abuse or mental injury.

'Mental injury' means an injury to the psychological capacity or emotional stability of a child as evidenced by an observable or substantial impairment in the child's ability to function within a normal range of performance and behavior with due regard to the child's culture.

EXCEPTIONS

Minn. Stat. Ann. § 260C.007, Subd. 15 (West, WESTLAW through Minn. 2003 Legis. Serv., Ch. 2)

'Emotional maltreatment' does not include reasonable training and discipline administered by the person responsible for the child's care or the reasonable exercise of authority by that person.

Minn. Stat. Ann. § 626.556, Subd. 2(c)(5), 2(d), 2(m) (West, WESTLAW through End of 2001 1st Sp. Sess.)

Nothing in this section 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; except that a parent, guardian, or caretaker, or a person mandated to report, has a duty to report if a lack of medical care may cause serious danger to the child's health.

This section 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.

Abuse does not include reasonable and moderate physical discipline of a child administered by a parent or legal guardian, which does not result in an injury.

Abuse does not include the use of reasonable force by a teacher, principal, or school employee as allowed by § 121A.582.

Persons who conduct assessments or investigations under this section shall take into account accepted child-rearing practices of the culture in which a child participates, which are not injurious to the child's health, welfare, and safety.