SF1682 (Legislative Session 94 (2025-2026))

Neglect definition modification provision in relation to child welfare

Related bill: HF1614

AI Generated Summary

Purpose of the Bill

The proposed legislation aims to modify the existing definition of "neglect" in the Minnesota statutes relating to child welfare. This change seeks to provide clearer guidelines on what constitutes neglect, thereby improving the protection and well-being of children within the state.

Main Provisions

  • Definition of Neglect: The bill elaborates on the various acts that constitute neglect, such as the failure to provide necessary food, clothing, shelter, and medical care for children.
  • Protection from Danger: It emphasizes the responsibility of caregivers to protect children from conditions or actions that could threaten their physical or mental health, including diagnosed conditions such as "failure to thrive."
  • Supervision and Education: Caregivers must ensure suitable supervision and provide necessary education as outlined in specific state statutes.
  • Exposure to Substances: The bill includes neglect due to prenatal exposure to controlled substances or fetal alcohol spectrum disorders as a concern.
  • Substance Use: Chronic and severe substance use by a caregiver that affects a child's basic needs and safety is considered neglect.
  • Emotional Harm: Patterns of behavior causing emotional harm to a child are included in the definition of neglect.

Significant Changes to Existing Law

  • Clarification of Medical and Spiritual Care: The bill states that neglect does not apply if a caregiver, in good faith, chooses spiritual or prayer treatment over medical care.
  • Responsibility Limitations: It clarifies that individuals not legally responsible for a child's care do not have a duty imposed by this legislation.
  • Hospital Stay Clarification: A child is not considered neglected solely because they remain in a hospital due to a lack of available necessary services for discharge.

The bill seeks to refine the legal understanding and boundaries of neglect to ensure that children's health, safety, and well-being are more comprehensively protected under state law.

Relevant Terms

  • Child neglect
  • Necessary supervision
  • Prenatal exposure
  • Controlled substances
  • Fetal alcohol spectrum disorder
  • Emotional harm
  • Spiritual treatment

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
February 19, 2025SenateFloorActionIntroduction and first reading
February 19, 2025SenateFloorActionIntroduction and first reading
February 19, 2025SenateFloorActionIntroduction and first reading
February 19, 2025HouseFloorActionIntroduction and first reading
February 19, 2025HouseFloorActionReferred toHealth and Human Services
February 19, 2025SenateFloorActionReferred toHealth and Human Services
February 19, 2025SenateFloorActionReferred toHealth and Human Services
February 19, 2025SenateFloorActionReferred toHealth and Human Services
March 09, 2025SenateFloorActionAuthor added
March 09, 2025SenateFloorActionAuthor added
March 09, 2025SenateFloorActionAuthor added
March 16, 2025SenateFloorActionComm report: To pass as amended and re-refer toJudiciary and Public Safety
March 16, 2025SenateFloorActionComm report: To pass as amended and re-refer toJudiciary and Public Safety
March 16, 2025SenateFloorActionComm report: To pass as amended and re-refer toJudiciary and Public Safety
March 16, 2025SenateFloorActionAuthor added
March 16, 2025SenateFloorActionAuthor added
March 16, 2025SenateFloorActionAuthor added
March 23, 2025SenateFloorActionComm report: To pass and re-referred toHealth and Human Services
March 23, 2025SenateFloorActionComm report: To pass and re-referred toHealth and Human Services
March 23, 2025SenateFloorActionComm report: To pass and re-referred toHealth and Human Services

Citations

 
[
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This bill modifies child welfare definitions related to education requirements under section 260C.163, subdivision 11.",
      "modified": [
        "Changes in interpretation for what constitutes failure to ensure education."
      ]
    },
    "citation": "260C.163",
    "subdivision": "subdivision 11"
  },
  {
    "analysis": {
      "added": [
        "Clarifies what constitutes prenatal exposure to a controlled substance."
      ],
      "removed": [],
      "summary": "Relates to the definition of prenatal exposure to controlled substances under section 253B.02.",
      "modified": []
    },
    "citation": "253B.02",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Refines the definition of medical neglect under section 260C.007, subdivision 6.",
      "modified": [
        "Updates the definition of what entails medical neglect."
      ]
    },
    "citation": "260C.007",
    "subdivision": "subdivision 6"
  }
]