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State Representative Ryan Winkler
100 Rev. Dr. Martin Luther King Jr. Blvd.
651-296-7026
For more information contact: Ted Modrich 651-296-5809
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REP. RYAN WINKLER TO INTRODUCE BILL TO CLARIFY AND EXPAND CHILD ABUSE REPORTING STANDARDS
(ST. PAUL) — Rep. Ryan Winkler (DFL – Golden Valley) will introduce a bill to clarify and expand child abuse reporting requirements in the next legislative session. In the wake of the scandal at Penn State University, Minnesota law on this matter has been seen as vague, with different interpretations from state attorneys, county attorneys and agencies.
State attorney Ann Ahlstrom was quoted in a recent Star Tribune article saying that all coaches, regardless of affiliation, are “mandated reporters" and required to report incidents or child abuse, while other attorneys and agencies said that while school coaches were mandated reporters, volunteers and coaches at sports clubs and other organizations were voluntary reporters.
“The current law is ambiguous at best and contains dangerous loopholes at worst,” said Rep. Winkler. “There is no more heinous crime than robbing the innocence of a young child. We need to ensure that this law is clear and fulfilling its purpose of protecting children.”
Rep. Winkler’s bill would require anyone who knows or has reason to believe that a child is being abused or neglected to report their knowledge. Currently, only certain professionals have an obligation to report and this bill would expand that obligation to everyone. This is currently required in 18 states. The bill would also require that reports of child abuse or neglect must be made to law enforcement, and reports made only to employers, counties, state agencies, etc., do not satisfy the reporting requirement.
In addition, any agency, governmental unit, or private institution that is investigating a suspected case of child abuse or neglect would be required to report their investigation to law enforcement and cooperate with law enforcement in any investigation. The bill also specifies that all privileged communication protections are inapplicable to child abuse or neglect. Attorney-client, doctor-patient, husband-wife, clergy-congregant, etc., communications are not protected.
Finally, these reporting requirements would also be made applicable to vulnerable adults in an effort to protect people who are unable to protect themselves.
“These changes will clarify the law and add further protections for Minnesota children,” added Rep. Winkler. “As the parent of 3 young children, I want to ensure that people who can't defend themselves have the best protection under the law.
“We all have an obligation to report the abuse of the vulnerable, and this bill will close some significant gaps in Minnesota law.”
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