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Information for law enforcement about raising age of delinquency

Intro

Information for law enforcement when responding to incidents involving youth under the age of 13.

This overview is meant to be general and provide initial guidance. All Law Enforcement should confirm their specific policies and consult with their county attorney’s office on the appropriate procedures.

The League of Minnesota Cities issued a memo to law enforcement discussing their authority to place affected children in protective custody, where these children may be held, and coordination with social services or child protection.

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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. 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 are under 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 law enforcement?

Below is a general overview of what this means for law enforcement. Please consult with each of your county  offices in your jurisdiction on specific procedures.

  • Law enforcement should report incidents with children under age 13 to Child Protection Intake. It’s recommended to report incidents to your county attorney’s office as well. 
  • The first step is to exhaust every option to reach a parent, guardian, or relative.[NS2] [HJ3] [SH4] 
  • 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 law enforcement to the multidisciplinary team comprised of county social services, county attorneys, law enforcement, and other practitioners meeting to discuss the needs of the youth and their families.

Non-emergent situation (no parental safety concern)

  • Return the youth to a parent, guardian, or relative who can safely take custody.
  • Complete a referral for Child Protection Intake and attach to your police report.

Emergent Situations (unable to safely return child home or parent refuses custody)

  • Call Child Protection Indake and follow specific processes determined with county partners.
  • Intake social workers will advise officers on next steps.

Questions?

The Minnesota Children's Cabinet can facilitte connections to getting your questions answered. Email childrenscabinet.mmb@state.mn.us