Physical Abuse: Citation: Ann. Stat. § 626.556, Subd. 2
'Physical abuse' means any physical injury, mental injury, or threatened injury inflicted by a person responsible for the child's care on a child by other than accidental means, or physical or mental 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. Physical abuse includes, but is not limited to, any of the following acts 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 that result in any nonaccidental injury to a child under 18 months
- Unreasonable interference with a child's breathing
- Threatening a child with a weapon
- Striking a child under age 1 on the face or head
- Purposely giving a child poison, alcohol, or dangerous, harmful, or controlled substances that were not prescribed for the child by a practitioner, in order to control or punish the child; giving the child substances that substantially affect the child's behavior, motor coordination, or judgment or that result in sickness or internal injury; or subjecting the child to medical procedures that would be unnecessary if the child were not exposed to the substances
- Unreasonable physical confinement or restraint not permitted by law including, but not limited to, tying, caging, or chaining
Neglect: Citation: Ann. Stat. § 626.556, Subd. 2
'Neglect' means the commission or omission of any of the acts specified below by other than accidental means:
- Failure by a person responsible for a child's care to supply a child with necessary 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 when reasonably able to do so, including a growth delay (also known as failure to thrive) that has been diagnosed by a physician and is due to parental neglect
- Failure to provide necessary and appropriate supervision or child care arrangements for a child after considering such factors as the child's age, mental ability, physical condition, length of absence, or environment, when the child is unable to care for his or her own basic needs or safety, or the basic needs or safety of another child in their care
- Failure to ensure that the child is educated as required by State law, which does not include a parent's refusal to provide his or her child with sympathomimetic medications
- 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 at delivery or the child at birth, or medical effects or developmental delays during the child's first year of life that medically indicate prenatal exposure to a controlled substance
- 'Medical neglect' that includes, but is not limited to, withholding 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
Sexual Abuse/Exploitation: Citation: Ann. Stat. § 626.556, Subd. 2
'Sexual abuse' means the subjection of a child to any act that constitutes criminal sexual conduct by a person responsible for the child's care, a person who has a significant relationship to the child, or a person in a position of authority. Sexual abuse includes any act that involves a minor that constitutes a violation of prostitution offenses. Sexual abuse also includes threatened sexual abuse.
Emotional Abuse: Citation: Ann. Stat. §§ 260C.007, Subd. 15; 626.556, Subd. 2
'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, sustained, and adverse effect on the child's physical, mental, or emotional development.
'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.
'Neglect' includes emotional harm from a pattern of behavior that contributes to impaired emotional functioning of the child that may be demonstrated by a substantial and observable effect in the child's behavior, emotional response, or cognition that is not within the normal range for the child's age and stage of development, with due regard to the child's culture.
Abandonment: Citation: Ann. Stat. § 260C.007, Subd. 6
The term 'child in need of protection or services' means a child who is in need of protection or services because he or she is abandoned or without a parent, guardian, or custodian.
Standards for Reporting: Citation: Ann. Stat. § 626.556, Subd. 3
A report is required when a person knows or has reason to believe that a child is neglected or physically or sexually abused.
Persons Responsible for the Child: Citation: Ann. Stat. §§ 626.556, Subd. 2; 260C.007, Subd. 15
'Person responsible for the child's care' means:
- An individual functioning within the family unit and having responsibilities for the care of the child such as a parent, guardian, or other person having similar care responsibilities
- An individual functioning outside the family unit and having responsibilities for the care of the child such as a teacher, school administrator, other school employees or agents, or other lawful custodian of a child having either full-time or short-term care responsibilities including, but not limited to, daycare, babysitting (paid or unpaid), counseling, teaching, and coaching
Exceptions: Citation: Ann. Stat. §§ 626.556, Subd. 2; 260C.007, Subd. 15
A child is not considered 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. A parent, guardian, caregiver, or a person mandated to report [child abuse or neglect] has a duty to report if a lack of medical care may cause serious danger to the child's health.
Abuse does not include reasonable and moderate physical discipline of a child administered by a parent or legal guardian that 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.
Emotional maltreatment does not include reasonable training or discipline administered by the person responsible for the child's care or the reasonable exercise of authority by that person.