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MINNESOTA MALTREATMENT LAWS

MINNESOTA MALTREATMENT LAWS. 626.556 http://www.revisor.leg.state.mn.us/bin/getpub.php?type=s&year=current&num=626.556. Sexual abuse Neglect Mental injury Physical abuse. Statutory Requirements for:. Alternative response (family assessment) Traditional assessments

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MINNESOTA MALTREATMENT LAWS

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  1. MINNESOTA MALTREATMENT LAWS 626.556 http://www.revisor.leg.state.mn.us/bin/getpub.php?type=s&year=current&num=626.556

  2. Sexual abuse • Neglect • Mental injury • Physical abuse

  3. Statutory Requirements for: • Alternative response (family assessment) • Traditional assessments • Findings of maltreatment allegations & need for services

  4. CHIPS • MN Statute 260C.007 • http://www.revisor.leg.state.mn.us/bin/getpub.php?type=s&num=260C.007&year=2006 • CHIPS petitions filed with the court • Not every child needs a CHIPS • Hearings must be held to determine need for a CHIPS

  5. Removal of Children From Home • MN Statute 260C.175 • http://ros.leg.mn/bin/getpub.php?type=s&num=260C.175&year=2006 • NOT social workers • Law enforcement must determine need for removal under certain circumstances • Court decides if children need placement

  6. Legal Standards • Beyond a Reasonable Doubt • Clear & Convincing • Preponderance of the Evidence • Probable Cause • Reasonable Suspicion

  7. MN Criminal Sexual Conduct • MN Statute 609.341 thru 609.3451 • http://www.revisor.leg.state.mn.us/bin/getpub.php?type=s&num=609.341

  8. Includes: • Definitions • Degrees: 1st thru 5th • Penalties • Provisions for stay of imposition or execution of sentencing • All felonies

  9. Assault • MN Statute 609.221 thru 609.2242 • http://www.revisor.leg.state.mn.us/bin/getpub.php?type=s&num=609.221&year=2007

  10. Includes: • Definitions • Degrees of assault: 1st thru 5th & domestic assault • Penalties • Range from felonies to misdemeanors

  11. Criminal Maltreatment • 609.376 Definitions • http://ros.leg.mn/bin/getpub.php?type=s&num=609.376&year=2006 • 609.377 Malicious Punishment • http://www.revisor.leg.state.mn.us/bin/getpub.php?type=s&num=609.377&year=2006 • 609.378 Neglect or Endangerment • http://ros.leg.mn/bin/getpub.php?type=s&num=609.378&year=2007 • 609.3785 Unharmed Newborns • http://www.revisor.leg.state.mn.us/bin/getpub.php?pubtype=STAT_CHAP_SEC&year=2007&section=609.3785 • 609.379 Permitted Actions • http://ros.leg.mn/bin/getpub.php?type=s&num=609.379&year=2007 • 609.38 Stayed Sentence • http://ros.leg.mn/bin/getpub.php?type=s&num=609.38&year=2006

  12. Sexual Abuse • The sexual exploitation by a person responsible for the child’s care, or by a person in a position of authority over that child • Ranges from voyeurism, exposure, oral, anal, genital sexual touch, &/or intercourse, sexual touch of any of the child’s intimate parts

  13. Includes threatened sexual abuse

  14. Caregiver includes • Parent, guardian • Teacher, babysitter, coaches • Whether paid or unpaid

  15. Neglect • Failure of caregiver to provide child with life’s basic needs including food, clothing, shelter or medical care when the absence of that would result in serious harm to child’s health • Includes inadequate supervision & failure to protect from danger • Can be failure to provide education

  16. Mental Injury • The child’s emotional stability or psychological development has been damaged & that damage affects the child’s ability to function within a normal range of performance & behavior

  17. No short term analysis of this criteria is currently used

  18. Physical Abuse • The non-accidental injury of a child by a person responsible for child’s care • Does not include reasonable, moderate use of physical discipline that does not result in an injury • Injury can be threatened or actual

  19. Typically, social workers & police investigate cases. When the investigation is completed, the case is referred to the county attorney for review regarding criminal charges. Social workers may have to testify in criminal court about child maltreatment

  20. Begins with Mandated Report-626.556http://www.revisor.leg.state.mn.us/bin/getpub.php?type=s&year=current&num=626.556 • All persons who work with children are required to file an oral report within 24 hours and a written report within 72 hours. • Failure to report is a misdemeanor

  21. Remember • Facts, not emotions, govern all elements of investigating & prosecuting child maltreatment • The only emotions that may be admissible are the victims • Be clear, concise,& accurate in documentation

  22. Know the applicable civil & criminal laws of the state you practice in • Never stop learning • Get help when you need it

  23. Group Work Identify the statute (including the number and subdivision) that indicates who may take a child into immediate custody into custody in an alleged case of child maltreatment.

  24. 260C.175 Subdivision 1. A peace officer.

  25. Identify the statute (including the number and subdivision) that indicates that anyone may drop off a newborn within 72 hours of birth without being subject to prosecution.

  26. MN Statute 609.3785

  27. Identify the statute (including the number and subdivision) that indicates who is immune from liability while acting as a mandated reporter.

  28. 626.556 Subdivision 4.

  29. Comprehensive Resource http://www.house.leg.state.mn.us/hrd/pubs/malminor.pdf

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