Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF1682 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1.1 A bill for an act
2		-	1.2 relating to child welfare; modifying the definition of neglect; amending Minnesota
3		-	1.3 Statutes 2024, section 260E.03, subdivision 15.
4		-	1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
5		-	1.5 Section 1. Minnesota Statutes 2024, section 260E.03, subdivision 15, is amended to read:
6		-	1.6 Subd. 15.Neglect.(a) "Neglect" means the commission or omission of any of the acts
7		-	1.7specified under clauses (1) to (8), other than by accidental means:
8		-	1.8 (1) failure by a person responsible for a child's care to supply a child with necessary
9		-	1.9food, clothing, shelter, health, medical, or other care required for the child's physical or
10		-	1.10mental health when reasonably able to do so;
11		-	1.11 (2) failure to protect a child from conditions or actions that seriously endanger the child's
12		-	1.12physical or mental health when reasonably able to do so, including a growth delay, which
13		-	1.13may be referred to as a failure to thrive, that has been diagnosed by a physician and is due
14		-	1.14to parental neglect;
15		-	1.15 (3) failure to provide for necessary supervision or child care arrangements appropriate
16		-	1.16for a child after considering factors as the child's age, mental ability, physical condition,
17		-	1.17length of absence, or environment, when the child is unable to care for the child's own basic
18		-	1.18needs or safety, or the basic needs or safety of another child in their care;
19		-	1.19 (4) failure to ensure that the child is educated as defined in sections 120A.22 and
20		-	1.20260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's
21		-	1.21child with sympathomimetic medications, consistent with section 125A.091, subdivision
22		-	1.225;
	2	+	1.2 relating to child welfare; modifying child in need of protection or services definition
	3	+	1.3 to clarify when a child is considered to be without the special care made necessary
	4	+	1.4 by a physical, mental, or emotional condition; amending Minnesota Statutes 2024,
	5	+	1.5 section 260C.007, subdivision 6.
	6	+	1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
	7	+	1.7 Section 1. Minnesota Statutes 2024, section 260C.007, subdivision 6, is amended to read:
	8	+	1.8 Subd. 6.Child in need of protection or services."Child in need of protection or
	9	+	1.9services" means a child who is in need of protection or services because the child:
	10	+	1.10 (1) is abandoned or without parent, guardian, or custodian;
	11	+	1.11 (2)(i) has been a victim of physical or sexual abuse as defined in section 260E.03,
	12	+	1.12subdivision 18 or 20, (ii) resides with or has resided with a victim of child abuse as defined
	13	+	1.13in subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or
	14	+	1.14would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or child
	15	+	1.15abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment as
	16	+	1.16defined in subdivision 15;
	17	+	1.17 (3) is without necessary food, clothing, shelter, education, or other required care for the
	18	+	1.18child's physical or mental health or morals because the child's parent, guardian, or custodian
	19	+	1.19is unable or unwilling to provide that care;
	20	+	1.20 (4) is without the special care made necessary by a physical, mental, or emotional
	21	+	1.21condition because the child's parent, guardian, or custodian is unable or unwilling to provide
	22	+	1.22that care. A parent, guardian, or custodian must not be considered unable or unwilling to
	23	+	1.23provide necessary special care under this clause, absent other actions or factors that would
23	24		1Section 1.
24		-	~~S1682-1 1st Engrossment~~~~SF1682~~ REVISOR DTT
	25	+	25-03058 as introduced01/31/25 REVISOR DTT/AD
25	26		SENATE
26	27		STATE OF MINNESOTA
27	28		S.F. No. 1682NINETY-FOURTH SESSION
28		-	(SENATE AUTHORS: MAYE QUADE~~, Mitchell and Abeler~~)
	29	+	(SENATE AUTHORS: MAYE QUADE)
29	30		OFFICIAL STATUSD-PGDATE
30		-	Introduction and first reading45102/20/2025
31		-	Referred to Health and Human Services
32		-	Author added Mitchell72103/10/2025
33		-	Comm report: To pass as amended and re-refer to Judiciary and Public Safety03/17/2025
34		-	Author added Abeler 2.1 (5) prenatal exposure to a controlled substance, as defined in section 253B.02, subdivision
35		-	2.22, used by the mother for a nonmedical purpose, as evidenced by withdrawal symptoms in
36		-	2.3the child at birth, results of a toxicology test performed on the mother at delivery or the
37		-	2.4child at birth, medical effects or developmental delays during the child's first year of life
38		-	2.5that medically indicate prenatal exposure to a controlled substance, or the presence of a
39		-	2.6fetal alcohol spectrum disorder;
40		-	2.7 (6) medical neglect, as defined in section 260C.007, subdivision 6, clause (5);
41		-	2.8 (7) chronic and severe use of alcohol or a controlled substance by a person responsible
42		-	2.9for the child's care that adversely affects the child's basic needs and safety; or
43		-	2.10 (8) emotional harm from a pattern of behavior that contributes to impaired emotional
44		-	2.11functioning of the child which may be demonstrated by a substantial and observable effect
45		-	2.12in the child's behavior, emotional response, or cognition that is not within the normal range
46		-	2.13for the child's age and stage of development, with due regard to the child's culture.
47		-	2.14 (b) Nothing in this chapter shall be construed to mean that a child is neglected solely
48		-	2.15because the child's parent, guardian, or other person responsible for the child's care in good
49		-	2.16faith selects and depends upon spiritual means or prayer for treatment or care of disease or
50		-	2.17remedial care of the child in lieu of medical care.
51		-	2.18 (c) This chapter does not impose upon persons not otherwise legally responsible for
52		-	2.19providing a child with necessary food, clothing, shelter, education, or medical care a duty
53		-	2.20to provide that care.
54		-	2.21 (d) Nothing in this chapter shall be construed to mean that a child who has a mental,
55		-	2.22physical, or emotional condition is neglected solely because the child remains in an
56		-	2.23emergency department or hospital setting because services, including residential treatment,
57		-	2.24that are deemed necessary by the child's medical or mental health care professional or county
58		-	2.25case manager are not available to the child's parent, guardian, or other person responsible
59		-	2.26for the child's care, and the child cannot be safely discharged to the child's family.
	31	+	Introduction and first reading02/20/2025
	32	+	Referred to Health and Human Services 2.1require a maltreatment report, if the child who has a mental, physical, or emotional condition
	33	+	2.2remains in an emergency department or hospital setting because the child's parent, guardian,
	34	+	2.3or custodian cannot access residential treatment or the child cannot be safely discharged to
	35	+	2.4their family due to unavailability of necessary services;
	36	+	2.5 (5) is medically neglected, which includes, but is not limited to, the withholding of
	37	+	2.6medically indicated treatment from an infant with a disability with a life-threatening
	38	+	2.7condition. The term "withholding of medically indicated treatment" means the failure to
	39	+	2.8respond to the infant's life-threatening conditions by providing treatment, including
	40	+	2.9appropriate nutrition, hydration, and medication which, in the treating physician's, advanced
	41	+	2.10practice registered nurse's, or physician assistant's reasonable medical judgment, will be
	42	+	2.11most likely to be effective in ameliorating or correcting all conditions, except that the term
	43	+	2.12does not include the failure to provide treatment other than appropriate nutrition, hydration,
	44	+	2.13or medication to an infant when, in the treating physician's, advanced practice registered
	45	+	2.14nurse's, or physician assistant's reasonable medical judgment:
	46	+	2.15 (i) the infant is chronically and irreversibly comatose;
	47	+	2.16 (ii) the provision of the treatment would merely prolong dying, not be effective in
	48	+	2.17ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be
	49	+	2.18futile in terms of the survival of the infant; or
	50	+	2.19 (iii) the provision of the treatment would be virtually futile in terms of the survival of
	51	+	2.20the infant and the treatment itself under the circumstances would be inhumane;
	52	+	2.21 (6) is one whose parent, guardian, or other custodian for good cause desires to be relieved
	53	+	2.22of the child's care and custody, including a child who entered foster care under a voluntary
	54	+	2.23placement agreement between the parent and the responsible social services agency under
	55	+	2.24section 260C.227;
	56	+	2.25 (7) has been placed for adoption or care in violation of law;
	57	+	2.26 (8) is without proper parental care because of the emotional, mental, or physical disability,
	58	+	2.27or state of immaturity of the child's parent, guardian, or other custodian. A child is not
	59	+	2.28considered to be without proper parental care based solely on the disability of the child's
	60	+	2.29parent, guardian, or custodian;
	61	+	2.30 (9) is one whose behavior, condition, or environment is such as to be injurious or
	62	+	2.31dangerous to the child or others. An injurious or dangerous environment may include, but
	63	+	2.32is not limited to, the exposure of a child to criminal activity in the child's home;
60	64		2Section 1.
61		-	S1682-1 1st EngrossmentSF1682 REVISOR DTT
	65	+	25-03058 as introduced01/31/25 REVISOR DTT/AD 3.1 (10) is experiencing growth delays, which may be referred to as failure to thrive, that
	66	+	3.2have been diagnosed by a physician and are due to parental neglect;
	67	+	3.3 (11) is a sexually exploited youth;
	68	+	3.4 (12) is a labor trafficked youth;
	69	+	3.5 (13) has committed a delinquent act or a juvenile petty offense before becoming ten
	70	+	3.6years old. This clause expires July 31, 2026;
	71	+	3.7 (14) is a runaway;
	72	+	3.8 (15) is a habitual truant;
	73	+	3.9 (16) has been found incompetent to proceed or has been found not guilty by reason of
	74	+	3.10mental illness or mental deficiency in connection with a delinquency proceeding, a
	75	+	3.11certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a
	76	+	3.12proceeding involving a juvenile petty offense;
	77	+	3.13 (17) has a parent whose parental rights to one or more other children were involuntarily
	78	+	3.14terminated or whose custodial rights to another child have been involuntarily transferred to
	79	+	3.15a relative and there is a case plan prepared by the responsible social services agency
	80	+	3.16documenting a compelling reason why filing the termination of parental rights petition under
	81	+	3.17section 260C.503, subdivision 2, is not in the best interests of the child; or
	82	+	3.18 (18) effective August 1, 2026, has committed a delinquent act or a juvenile petty offense
	83	+	3.19before becoming 13 years old.
	84	+	3Section 1.
	85	+	25-03058 as introduced01/31/25 REVISOR DTT/AD