This bill amends the definition of "neglect" in Minnesota Statutes 2024, specifically in section 260E.03, subdivision 15, to provide greater clarity regarding when a child is considered to be without the special care necessary due to a physical, mental, or emotional condition. The bill retains the existing definitions of neglect while adding a new provision that specifies that a child should not be deemed neglected solely because they remain in an emergency department or hospital setting when necessary services, such as residential treatment, are unavailable. This provision acknowledges the challenges faced by parents or guardians when appropriate care options are not accessible.

The new legal language inserted into the statute clarifies that the lack of available services should not automatically classify a child as neglected, particularly when the child cannot be safely discharged to their family. This amendment aims to protect families from being penalized for circumstances beyond their control, ensuring that the definition of neglect is applied fairly and considers the availability of necessary care resources.

Statutes affected:
Introduction: 260C.007
1st Engrossment: 260E.03