Mandatory Reporting of Child Abuse and Neglect - Minnesota

Professionals 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.

Training Requirements for Mandatory Reporters

Citation: Ann. Stat. § 260E.065

The local welfare agency must offer training to a person required to make a report under § 260E.055 or 260E.06. The training may be offered online or in person and must provide an explanation of the legal obligations of a reporter, consequences for failure to report, and instruction on how to detect and report suspected maltreatment or suspected abuse. A local welfare agency may fulfill the requirement under this section by directing reporters to training offered by the commissioner.

Mandated Reporter Training is available from the Minnesota Child Welfare Training Academy.

Reporting by Other Persons
Citation: Ann. Stat. § 260E.06

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 maltreated.  

Institutional Responsibility to Report
Citation: Ann. Stat. §§ 260E.055; 260E.06

An employer of any person required to make a report under § 260E.055 shall not retaliate against the person for reporting in good faith, or against a child with respect to whom a report is made, because of the report.

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. 

Standards for Making a Report
Citation: Ann. Stat. § 260E.06 

A report is required when a reporter knows or has reason to believe that a child is being maltreated, as defined in § 260E.03, or has been maltreated within the preceding 3 years. 

Privileged Communications
Citation: Ann. Stat. § 260E.06 

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). 

Inclusion of the Reporter's Name in the Report
Citation: Ann. Stat. § 260E.06 

The written report from a mandatory reporter must include the name and address of the reporter. 

Disclosure of the Reporter's Identity
Citation: Ann. Stat. § 260E.35

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.