MINNESOTA
MANDATORY REPORTING LAWS
MANDATORY REPORTING LAWS
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Professionals required to report
Citation: Ann. Stat. § 626.556, Subd. 3
Mandatory reporters include the following:
• A professional or professional’s delegate who is engaged in the practice of the healing arts, hospital administration,
psychological or psychiatric treatment, child care, education, social services, correctional supervision, probation or
correctional services, or law enforcement
• A member of the clergy who received the information while engaged in ministerial duties
Other persons required to report
Citation: Ann. Stat. § 626.556, Subd. 3
Any person may voluntarily report to the local welfare agency, agency responsible for assessing or investigating the report, police department, county sheriff, Tribal social services agency, or Tribal police department if the person knows, has reason to believe, or suspects a child is being or has been neglected or subjected to physical or sexual abuse.
Institutional responsibility to report
Citation: Ann. Stat. § 626.556, Subd. 3(c)
A person mandated to report physical or sexual child abuse or neglect occurring within a licensed facility shall report the information to the agency responsible for licensing the facility or a nonlicensed personal care provider organization. A health or corrections agency receiving a report may request the local child welfare agency to provide assistance. A board or other entity whose licensees perform work within a school facility, upon receiving a complaint of alleged maltreatment, shall provide information about the circumstances of the alleged maltreatment to the commissioner of education.
WHAT ARE THEY REQUIRED TO REPORT
Citation: Ann. Stat. § 626.556, Subd. 3
A report is required when a reporter knows or has reason to believe that a child is being neglected or sexually or physically abused or has been neglected or physically or sexually abused within the preceding 3 years.
PENALTIES FOR FAILING TO REPORT
Citation: Ann. Stat. § 626.556, Subd. 4a; 6
An employer of any person required to make reports shall not retaliate against the person for reporting in good faith abuse or
neglect pursuant to this section, or against a child with respect to whom a report is made, because of the report. The employer of any person required to report who retaliates against the person because of a report of abuse or neglect is liable to that person for actual damages and, in addition, a penalty up to $10,000. There shall be a rebuttable presumption that any adverse action within 90 days of a report is retaliatory.
A mandatory reporter who knows or has reason to believe that a child is neglected or physically or sexually abused or has been
neglected or physically or sexually abused within the preceding 3 years, and fails to report the abuse, is guilty of a misdemeanor.
A mandatory reporter who knows or has reason to believe that two or more children not related to the perpetrator have been
physically or sexually abused by the same perpetrator within the preceding 10 years and fails to report is guilty of a gross
misdemeanor.
A parent, guardian, or caregiver who knows or reasonably should know that the child’s health is in serious danger and who fails to report:
• Is guilty of a gross misdemeanor if the child suffers substantial or great bodily harm because of the lack of medical care
• Is guilty of a felony if the child dies because of the lack of medical care and may be subject to one or both of the following:
» Imprisonment for not more than 2 years
» A fine of not more than $4,000
The law providing that a parent, guardian, or caregiver may, in good faith, select and depend on spiritual means or prayer for treatment or care of a child does not exempt a parent, guardian, or caregiver from the duty to report under this provision.
PENALTIES FOR FALSE REPORTING
Citation: Ann. Stat. § 626.556, Subd. 5
Any person who knowingly or recklessly makes a false report under the reporting laws shall be liable in a civil suit for any actual damages suffered by the person(s) so reported and for any punitive damages set by the court or jury, plus costs and reasonable attorney fees.
PRIVILEGED COMMUNICATIONS
Citation: Ann. Stat. § 626.556, Subd. 3 & 8
A member of the clergy is not required by this subdivision to report information that is otherwise privileged under § 595.02, subdivision 1, paragraph (c). No evidence relating to the neglect or abuse of a child, or to any prior incidents of neglect or abuse involving any of the same persons accused of neglect or abuse, shall be excluded in any proceeding on the grounds of privilege set forth in § 595.02, subdivision 1, paragraph (a) (husband-wife), (d) (medical practitioner-patient), or (g) (mental health professional-client).
REPORTER’S IDENTITY
Citation: Ann. Stat. § 626.556, Subd. 7
The written report from a mandatory reporter must include the name and address of the reporter.
Citation: Ann. Stat. § 626.556, Subd. 11
Any person conducting an investigation or assessment under this section who intentionally discloses the identity of a reporter prior to the completion of the investigation or assessment is guilty of a misdemeanor. After the assessment or investigation is completed, the name of the reporter shall be confidential. The subject of the report may compel disclosure of the name of the reporter only with the consent of the reporter or upon a written finding by the court that the report was false and that there is evidence that the report was made in bad faith.