Minnesota Statutes 260E.055 – Duty to Report; Private or Public Youth Recreation Program
Subdivision 1.Definitions.
(a) For purposes of this section, the following terms have the meanings given.
Attorney's Note
Under the Minnesota Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Misdemeanor | up to 90 days | up to $1,000 |
| Petty misdemeanor | up to $300 |
Terms Used In Minnesota Statutes 260E.055
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Egregious harm: means harm under section 260C. See Minnesota Statutes 260E.03
- Immediately: means as soon as possible but in no event longer than 24 hours. See Minnesota Statutes 260E.03
- Investigation: means fact gathering conducted during:
(1) a family investigation related to the current safety of a child and the risk of subsequent maltreatment that determines whether maltreatment occurred and whether child protective services are needed; or
(2) a facility investigation related to duties under section 260E. See Minnesota Statutes 260E.03
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
- Physical abuse: means any physical injury, mental injury under subdivision 13, or threatened injury under subdivision 23, inflicted by a person responsible for the child's care on a child other than by accidental means, or any physical or mental injury that cannot reasonably be explained by the child's history of injuries, or any aversive or deprivation procedures, or regulated interventions, that have not been authorized under section 125A. See Minnesota Statutes 260E.03
- Report: means any communication received by the local welfare agency, police department, county sheriff, or agency responsible for child protection pursuant to this section that describes maltreatment of a child and contains sufficient content to identify the child and any person believed to be responsible for the maltreatment, if known. See Minnesota Statutes 260E.03
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- Sexual abuse: means the subjection of a child by a person responsible for the child's care, by a person who has a significant relationship to the child, or by a person in a current or recent position of authority, to any act that constitutes a violation of section 609. See Minnesota Statutes 260E.03
- Substantial child endangerment: means that a person responsible for a child's care, by act or omission, commits or attempts to commit an act against a child in the person's care that constitutes any of the following:
(1) egregious harm under subdivision 5;
(2) abandonment under section 260C. See Minnesota Statutes 260E.03
- Threatened injury: means a statement, overt act, condition, or status that represents a substantial risk of physical or sexual abuse or mental injury. See Minnesota Statutes 260E.03
(b) “Abuse” means egregious harm, physical abuse, sexual abuse, substantial child endangerment, or threatened injury as these terms are defined under section 260E.03.
(c) “Adverse action” includes but is not limited to:
(1) discharge, suspension, termination, or transfer from the private or public youth recreation program;
(2) discharge from or termination of employment;
(3) demotion or reduction in remuneration for services; or
(4) restriction or prohibition of access to the private or public youth recreation program or persons affiliated with it.
(d) “Employee” means a person who is 18 years of age or older who performs services for hire for an employer and has full-time, part-time, or short-term responsibilities for the care of the child including but not limited to day care, counseling, teaching, and coaching. An employee does not include an independent contractor or volunteer.
(e) “Municipality” has the meaning given in section 466.01, subdivision 1.
(f) “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.
Subd. 2.Duty to report.
(a) An employee or supervisor of a private or public youth recreation program shall immediately report information 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:
(1) 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 three years; or
(2) a child discloses to the employee or supervisor that the child is being abused or has been abused within the preceding three years.
(b) An oral report shall be made immediately by telephone or otherwise. An oral report shall be followed within 72 hours, exclusive of weekends and holidays, by a report in writing. Any report shall be of sufficient content to identify the child, any person believed to be responsible for the abuse of the child, the nature and extent of the abuse, and the name and address of the reporter. The agency receiving the report shall accept a report notwithstanding refusal by a reporter to provide the reporter’s name or address if the report is otherwise sufficient under this paragraph.
Subd. 3.Retaliation prohibited.
(a) An employer of any person required to make a report under this section 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.
(b) The employer of any person required to report under this section who retaliates against the person because of a report under this section is liable to that person for actual damages and, in addition, a penalty of up to $10,000.
(c) There shall be a rebuttable presumption that any adverse action taken within 90 days of a report is retaliatory.
Subd. 4.Immunity.
(a) The following persons are immune from civil or criminal liability if the person is acting in good faith:
(1) an employee or supervisor who reports pursuant to this section or, following the submission of a report, cooperates with an assessment or investigation under this chapter; and
(2) a municipality or private entity providing a private or public youth recreation program that provides training on making a report under this section, assists in making a report under this section, or following the submission of a report, cooperates with an investigation or assessment under this chapter.
(b) This subdivision does not provide immunity to any person for failure to make a required report or for committing abuse.
Subd. 5.Penalties for failure to report; false reports.
(a) A person who is required to report under this section but fails to report is guilty of a petty misdemeanor.
(b) Section 260E.08, paragraph (d), applies to reports made under this section.