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State child abuse laws protect minors under 18 years old from physical, emotional, and sexual abuse. They also cover neglect, endangerment, and other related acts. When someone reports possible abuse to the authorities or the Department of Social Services, the agencies must investigate the report and, if they suspect mistreatment, take the person into custody.
Certain professionals, like teachers and doctors, have a legal duty, called mandatory reporting, if they have reasonable cause to suspect it is occurring. After investigation, agencies find many of them to be unsubstantiated. Contact a credible Bloomington child abuse lawyer if you have questions or need help with a case. Our domestic violence attorneys are knowledgeable about child abuse laws and could identify the most effective defense strategy for your case.
Minnesota laws aim to protect children from abuse, and anyone responsible for the children, including parents, guardians, relatives, teachers, coaches, and caregivers, could face charges. Minnesota Statutes § 260E.03 defines the different types of abuse as follows:
Physical abuse involves any intentional bodily or mental injuries, or threatening to cause injuries, caused by a caregiver. This does not include reasonable and moderate physical discipline by a parent or guardian that does not result in injury, or the use of reasonable force by school staff. Examples of physical abuse include:
It also includes shaking any child under three or striking a child under 18 months, causing injuries, or striking a child under four, causing injuries to their head or face. The law also includes unreasonably interfering with the child’s breathing, threatening to use a weapon, or giving them unprescribed and harmful substances to control or punish them.
Caregiver neglect is the failure or intentional refusal to provide minors with necessary care, leading to harm or substantial risk of harm to their physical, mental, or emotional health, such as depriving them of food, clothing, shelter, or medical care. It also includes neglecting to protect them from harmful conditions.
The state could also prosecute for inadequate supervision of a child based on their age or abilities and prenatal exposure to controlled substances. Medical neglect is the withholding of life-saving treatment.
Mental and emotional mistreatment is the deliberate infliction of harm, causing observable, sustained adverse effects on the child’s development. Mental injuries are substantial impairments in psychological capacity or emotional stability.
Child endangerment involves acts or omissions by a parent, guardian, or caregiver that are likely to cause them significant harm, death, or severe exposure to dangers. Access to firearms and abandonment also fall within endangerment.
Caregivers or anyone with a substantial relationship to a child could face sexual abuse charges. Sexual abuse includes:
During an appointment, a Bloomington attorney could answer specific questions and concerns about child abuse charges and potential penalties.
Penalties range significantly and depend on the severity of harm caused to the child. Civil consequences may include removing the child from the home, terminating parental rights, or providing family intervention services. Offenses range from gross misdemeanors, with jail and monetary penalties of up to $3,000, to felonies, with possible sentences of five to ten years in prison and fines of up to $20,000.
Bodily harm refers to pain or injury, substantial bodily harm involves disfigurement or loss of function, and significant bodily harm includes injuries that have a risk of permanent damage. A skilled child abuse lawyer in Bloomington could help determine the most effective method to achieve the best possible outcome in your case.
Facing child abuse-related charges is often frightening and overwhelming. However, you have rights and options to protect yourself from a conviction.
An experienced Bloomington child abuse lawyer could investigate the charges, build a defense, and protect your rights throughout the process. Contact our firm today to schedule a consultation and learn more.
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