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Information for counties and tribes about raising age of delinquency

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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. 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 counties and tribes?

  • Children under age 13 who commit a crime will now receive response and services through the child welfare system rather than the youth justice system.
  • Law enforcement and the county or tribe 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. 
  • Counties and Tribes must establish processes to accept referrals from law enforcement regarding these children. These processes could be the same or similar to existing process for youth under the age of 10 years old. 
  • Counties and Tribes should coordinate with local law enforcement, schools, and other community partners. Counties and Tribes may use multidisciplinary teams or implement dual status/crossover youth models to discuss the needs of the youth and their families and coordinate responses and supports.
  • All counties and tribes should follow DCYF guidance, including how to enter the children into SSIS and establish response pathways and file CHIPs petition if needed.
  • Additional information can be found in DCYF Bulletin July31. 2026

Questions? 

The Minnesota’s Children’s Cabinet can facilitate connections to getting your questions answered. Email childrenscabinet.mmb.state.us.