What has changed?
Beginning August 1, 2026, and applied to acts committed on or after that date, the minimum age of delinquency rose to 13. This means that children under age 13 who are alleged to have committed a delinquent act are excluded from the definition of “delinquent child” and are no longer subject to juvenile delinquency petitions (Minn. Stat. §260B.007, Subd. 6). Children under age 13 now fall within the definition of a Child in Need of Protection or Services and will be served primarily through the child welfare system (Minn. Stat. §260C.007, Subd. 6 (18)).
What does this mean for schools?
- Students under the age of 13 who have committed a crime, no matter its severity, may return to school as soon as the next school day.
- Law enforcement and the county or Tribal child welfare agency should exhaust every option to reach a parent, guardian, or relative.
- Secure custody or a secure detention facility may only be used for a child taken into immediate custody for no more than 24 hours (Minnesota Statutes, section 260C.181, subdivision 1); see also State of Minnesota Court of Appeals Opinion A23-1199.
- In some cases, Children and Family Services may invite the school to the multidisciplinary team meeting to discuss the needs of the child and their families.
- Diversion or restorative practices programs may be more limited. Schools may need to provide additional support such as mental health assessments and referrals.
How should schools prepare?
- Reach out to your county and Tribal child welfare offices to learn about their process for these youth and how you can support.
- Reach out to your local law enforcement and School Resource Officer (if applicable) to be sure they are updated on the law change and how you can coordinate to support youth.
Questions?
The Minnesota’s Children’s Cabinet can facilitate connections to getting your questions answered. Email:childrenscabinet.mmb.state.us.
