DEPARTMENT: Social Services-Children & Family Services
FILE TYPE: Regular Information
TITLE
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Update On State Of Minnesota Minimum Juvenile Delinquency Age Change
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PURPOSE/ACTION REQUESTED
Receive an update on the State of Minnesota’s minimum juvenile delinquency age change.
SUMMARY
Minnesota is raising the minimum age of juvenile delinquency from 10 years old to 13 years old. The proposed legislation is aimed at handling preteen delinquency offenses through social services rather than the justice system. With this change, children under the age of 13 would be considered a child in need of protection or services (CHIPS).
Current Minnesota law defines a “delinquent child” as a child who has violated any state or local law (Minn. Stat §260B.007, subd. 6). Children under the age of 10 are excluded from this definition of “delinquent child” as they fall within the definition of a child in need of protection or services (Minn. Stat. §260C.007, subd. 6(13)).
The 2024 Legislative Session brought two changes to the Minnesota Juvenile Court Act.
The first change added the following language to the delinquency provisions of the Juvenile Court Act:
• “Effective August 1, 2026, and applied to acts committed on or after that date, the term delinquent child does not include a child alleged to have committed a delinquent act before becoming 13 years old.” Minn. Stat §260B.007, subd. 6(d).
• “Effective August 1, 2026, and applied to acts committed on or after that date, notwithstanding any contrary provision in paragraphs (a) to (d), a juvenile petty offender does not include a child who is alleged to have committed a juvenile petty offense before reaching the age of 13 years.” Minn. Stat. §260B.007, subd. 16(e).
The second change added a clause within the juvenile protection provisions of the Juvenile Court Act to define a child in need of protection or services as one who: “Effective August 1, 2026, has committed a delinquent act or a juvenile petty offense before becoming 13 years old.” Minn. Stat §260C.007, subd.6(17).
As a result of these two changes to the Juvenile Court Act effective August 1, 2026, any child under 13 years old who is alleged to have committed a delinquent act will be referred to the child protection system.
The intention for the change in age of delinquency aligns with recommendations to reduce system involvement for young children and follows concerns about increased offenses among children aged 10-13. The goal of this change is to provide services to the youth and their families instead of prosecuting children under 13 years old. The change would shift youth and their families from the criminal justice system to the child welfare system.
There are implications that may accompany the change in shifting youth from the criminal justice system to the child welfare system. Some of the current challenges facing the child welfare system include limited mental health and chemical health treatment programs for youth; minimal in-home or outpatient services and supports; insufficient technology and modernizations; as well as age restrictions for treatment settings.
OUTCOMES
For calendar year 2023, the County Attorney’s Office received 57 total referrals for delinquent youth between the ages of 10-12. Fourteen youth were offered a pre-charge diversion program with nine successfully completing the program. There were 26 delinquency petitions filed.
For calendar year 2024, 48 referrals were received by the County Attorney’s Office with 13 of the youth offered a pre-charge diversion. Nine youth successfully completed the program. There were 23 delinquency petitions filed.
RECOMMENDATION
recommendation
Information only; no action requested.
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EXPLANATION OF FISCAL/FTE IMPACTS
☒ None ☐ Current budget ☐ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
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Information only; no action requested.
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PREVIOUS BOARD ACTION
None.
ATTACHMENTS
Attachment: Presentation Slides
BOARD GOALS
☒ Thriving People ☐ A Healthy Environment with Quality Natural Resources
☐ A Successful Place for Business and Jobs ☐ Excellence in Public Service
CONTACTS
Department Head: Nikki Conway
Author: Lawrence Dickens