New Minnesota law means children under 13 can't face prosecution

A new state law goes into effect on Aug. 1 in Minnesota, which will no longer allow 10-, 11- and 12-year-old children to be criminally prosecuted. 

The law, passed two years ago by state legislators, now requires children under 13 who are considered delinquent, or who have broken a state law, be redirected to social services.

The Minnesota Association of County Social Service Administrators (MACSSA) represents social service staff across the state's 87 counties and is asking the state to step in and make changes to the law. 

Anne Broskoff is the Human Services Director in Brown County; she's also part of MACSSA and says while violent acts in that age group may be few, counties aren't prepared for those situations. 

"From a human services perspective, that's a role that we're not used to dealing with in terms of addressing public safety for people that commit crimes against other people," Broskoff said. "We really are looking for some reasonable exceptions for those violent crimes."

Broskoff says they have concerns about finding the right place to house a child if they are a danger to themselves or the community.

"I think that this law change will be really helpful for youth that are starting to go down a path that they shouldn't, that we can try and bring alongside those families and youth some well-needed resources and supports," Broskoff said. "But I'm worried about our capacity to serve the breadth of what this law can bring, and I have some worries about community safety and youth safety."

Broskoff says they are asking the state to amend the law to make an exception to prosecute and securely house children ages 10 to 12 years old who commit a serious violent crime.

The Minnesota Association of Community Corrections Act Counties, representing over 40 counties, and the Association of Minnesota Counties share these worries.

"There are concerns around the kids that may commit the serious offenses and the lack of available placement options for them," Emilio Lamba said, representing both groups. "Whether they are going to end up in secure detention, if that mechanism exists, or if county staff may have to potentially sit with these children in county offices, hotels, until they can find the appropriate placements." 

Minnesota's Juvenile Justice Advisory Committee (JJAC) is also asking the state to pump the brakes, to complete more research and ensure services outside of the juvenile delinquency jurisdiction are properly set up for children in the 10 to 12 age range. JJAC members are appointed by Gov. Tim Walz's office and advise state lawmakers on juvenile justice and law. 

Kate Richtman, vice chair of JJAC, said while they support the age change, there are a lot of questions at the county level about what this law will look like in practice. 

"But what should that [secure] place be, and are there beds available, and what do you do at two o'clock in the morning?" said Richtman. "We aren't sure what the capacity is going to be, and where those services are really going to need to be put in place."

During the legislative session, JJAC asked state lawmakers to delay the law another year, but no changes were made.

JJAC said there are two other states that have the minimum age set to 13: Maryland and New Hampshire. But unlike Minnesota, Richtman said in both states there are "carve-outs" or exceptions for kids under 13 who commit certain offenses.

JJAC data collected from state agencies show 747 kids between the ages of 10 and 12 were arrested in 2023; 423 of them were referred for court proceedings, but fewer than 100 were placed in detention. Richtman says it can be difficult to get a full picture of how many kids in this age range will be impacted by this law change because often kids are referred to diversion programs.

Though Hennepin County Attorney Mary Moriarty says Minnesota's most populous county is ready for the new law come August. Moriarty argues that, often, kids don't face charges and instead are found unable to stand trial under the current system. 

"When a judge finds them incompetent, we can no longer prosecute; that child cannot be held in the juvenile detention center, which means they walk out the door with no services," she said. 

Moriarty says since kids are already walking out the door without charges, the law change will help get child offenders the resources they need. 

'We need to get them the help they need so that they don't continue to cause that type of harm," she said.

A spokesperson for the Minnesota Department of Corrections said they are preparing to notify juvenile detention facilities across the state about the law, clarifying that as of Aug.1, the facilities will not be able to place a child under 13 on a hold.

"The [DOC] is also working with facilities on how they might continue to work with that age group if they are interested in doing so," the spokesperson wrote in a statement. "The state of Minnesota will be offering training to the courts and law enforcement agencies about these changes soon."

The spokesperson also said the only juvenile facility operated by the state, which is in Red Wing, has not admitted a child under the age of 13 to its cognitive treatment program in more than 20 years.