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 offe...
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