A call from a school or a police officer about your child’s behavior can leave you uncertain about what happens next. Knowing how Minnesota law now treats children younger than 13 may help you prepare for the process ahead.
The new age limits for juvenile prosecution
State lawmakers raised the minimum age for delinquency proceedings from 10 to 13. The change applies to acts committed on or after Aug. 1, 2026. Anyone younger than 13 at the time of the alleged conduct falls outside the legal definition of a delinquent child.
For conduct covered by this change, a prosecutor cannot file a juvenile delinquency petition, the document that formally starts this kind of court case. The same age limit applies to juvenile petty offenses, a lower-level category that includes alcohol and tobacco violations by a minor.
The shift to child welfare
A child who commits a delinquent act before age 13 now qualifies as a child in need of protection or services (CHIPS). This is a child welfare status rather than a delinquency charge. The county or tribal agency that handles such cases coordinates the response.
When law enforcement officers refer the matter to child protection intake, staff review the circumstances and the family’s needs. Schools and community partners may also help plan services that focus on safety and support instead of punishment.
The role police and prosecutors still play
Officers may still take a child under 13 into protective custody if they reasonably believe the child’s health or welfare is in danger. Even then, a secure detention facility cannot hold that child for more than 24 hours.
For children who were 13 or older when the alleged act occurred, prosecutors retain the authority to file delinquency petitions. A 12-year-old and a 13-year-old involved in the same incident can therefore face different processes.
Next steps for families
After an incident, you can ask the county or tribal agency whether it received a child protection referral and what it expects from your family. Not every referral leads to a court case. The county attorney or another eligible person may file a CHIPS petition.
If your child remains in protective custody, the court must hold a hearing within 72 hours after that custody began, excluding weekends and holidays. You have the right to an attorney at that hearing and throughout the CHIPS proceedings.