(a) A person mandated by section 260E.06, subdivision 1, to report who knows or has reason to believe that a child is maltreated, as defined in section 260E.03, or has been maltreated within the preceding three years, and fails to report is guilty of a misdemeanor.
(b) A person mandated by section 260E.06, subdivision 1, to report who knows or has reason to believe that two or more children not related to the offender have been maltreated, as defined in section 260E.03, by the same offender within the preceding ten years, and fails to report is guilty of a gross misdemeanor.
(c) A parent, guardian, or caretaker who knows or reasonably should know that the child's health is in serious danger and who fails to report as required by section 260E.06, subdivision 3, is guilty of a gross misdemeanor if the child suffers substantial or great bodily harm because of the lack of medical care. If the child dies because of the lack of medical care, the person is guilty of a felony and may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $4,000, or both. The provision in section 609.378, subdivision 1, paragraph (a), clause (1), providing that a parent, guardian, or caretaker 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 caretaker from the duty to report under this chapter.
(d) Any person who knowingly or recklessly makes a false report under the provisions of this chapter shall be liable in a civil suit for any actual damages suffered by the person or persons so reported and for any punitive damages set by the court or jury, plus costs and reasonable attorney fees.
1Sp2020 c 2 art 7 s 8
Structure Minnesota Statutes
Chapters 245 - 267 — Public Welfare And Related Activities
Chapter 260E — Reporting Of Maltreatment Of Minors
Section 260E.02 — Multidisciplinary Child Protection Team.
Section 260E.03 — Definitions.
Section 260E.05 — Cultural Practices.
Section 260E.055 — Duty To Report; Private Or Public Youth Recreation Program.
Section 260E.06 — Maltreatment Reporting.
Section 260E.065 — Training For Reporters.
Section 260E.07 — Retaliation Prohibited.
Section 260E.08 — Criminal Penalties For Failure To Report; Civil Penalty For Making False Report.
Section 260E.09 — Reporting Requirements.
Section 260E.10 — Notification To Reporters.
Section 260E.11 — Agency Designated To Receive Reports.
Section 260E.13 — Report To Ombudsman.
Section 260E.14 — Agency Responsible For Screening And Assessment Or Investigation.
Section 260E.15 — Screening Guidelines.
Section 260E.16 — Timeline For Screening.
Section 260E.17 — Response Path Assignment.
Section 260E.18 — Notice To Child's Tribe.
Section 260E.19 — Conflict Of Interest.
Section 260E.20 — Agency Duties Regarding Investigation And Assessment.
Section 260E.21 — Screened Out Reports.
Section 260E.23 — Documenting Interviews With Child Maltreatment Victims.
Section 260E.24 — Conclusion Of Family Assessment Or Family Investigation By Local Welfare Agency.
Section 260E.25 — Provision Of Medical Care.
Section 260E.26 — Provision Of Child Protective Services.
Section 260E.27 — Consultation With The County Attorney.
Section 260E.28 — Conducting Investigation In Facility Or School.
Section 260E.29 — Notification Requirements For Schools And Facilities.
Section 260E.30 — Conclusion Of School Or Facility Investigation.
Section 260E.31 — Reporting Of Prenatal Exposure To Controlled Substances.
Section 260E.32 — Toxicology Tests Required.
Section 260E.33 — Reconsideration And Appeal Of Maltreatment Determination Following Investigation.
Section 260E.35 — Data Practices.
Section 260E.36 — Specialized Training And Education Required.