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How to Report

Minnesota (MN)

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Who is required to report?

Citation: Ann. Stat. §§ 260E.06; 260E.055

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
  • 'Practice of social services' includes, but is not limited to, employee assistance counseling and the provision of guardian ad litem and parenting time expeditor services

An employee or supervisor of a private or public youth recreation program shall immediately report if either of the following apply:

  • The employee or supervisor knows or has reason to believe that another employee or supervisor is abusing or has abused a child within the preceding 3 years
  • A child discloses to the employee or supervisor that the child is being abused or has been abused within the preceding 3 years
  • A 'private or public youth recreation program' includes, but is not limited to, day camps or programs involving athletics, theater, arts, religious education, outdoor education, youth empowerment, or socialization

When is a report required?

Citation: Ann. Stat. §§ 260E.03, Subd. 9; 260E.06; 260E.09

A person who knows or has reason to believe a child is being maltreated, as defined in § 260E.03, or has been maltreated within the preceding 3 years immediately shall make a report.

For purposes of this section, 'immediately' means as soon as possible but in no event longer than 24 hours.

An oral report shall be made immediately by telephone or otherwise. An oral report made by a mandated reporter shall be followed within 72 hours, exclusive of weekends and holidays, by a report in writing to the appropriate police department, the county sheriff, the agency responsible for assessing or investigating the report, or the local welfare agency.

What information should the report include?

Citation: Ann. Stat. § 260E.055, Subd. 2

Any report shall be of sufficient content to identify the following:

  • The child
  • Any person believed to be responsible for the abuse or neglect
  • The nature and extent of the abuse or neglect
  • The name and address of the reporter

The agency receiving the report shall accept the report, notwithstanding refusal by a reporter to provide the reporter's name or address, as long as the information in the report is otherwise sufficient.

Failure 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
  • 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.

Criminal Penalties for Failure to Report:

  • 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

Failure to Report by Parent, Guardian, or Caregiver:

  • 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