Since August 1st, 2026, no child under the age of 13 may be charged as delinquent in Minnesota. This includes charges for shoplifting, fighting at school, or any other act that would constitute a felony if committed by an adult. Instead, the case is referred to the county’s child protection agency. If it ever reaches a courtroom, it will be filed as a matter of child in need of protection or services (CHIPS). For parents in Fergus Falls and throughout the state, this is a different process with different consequences.
The Rule Took Effect on August 1, 2026
The Legislature passed a change in 2024 within a public safety omnibus bill, and then delayed the effective date for two years so that counties could prepare. The new language is contained in two statutes.
Under Minn. Stat. § 260B.007(6), the term “delinquent child” no longer includes a child alleged to have committed a delinquent act before turning 13. This applies to acts committed on or after August 1, 2026. At the same time, Minn.Stat. § 260C.007, subd. 6 now lists a child who commits a juvenile petty offense or delinquent acts before age 13 as a child in need of protection or services.
Before this, the minimum age was 10 in Minnesota. Now it sits at 13 with Maryland and New Hampshire, the highest minimum age in the country. Unlike these two states, Minnesota has carved out no exceptions for serious offenses.
What Changes for a 10-, 11-, or 12-Year-Old
The practical differences are significant:
- There is no delinquency petition. A prosecutor can’t file one, and a judge can’t declare the child delinquent.
- There’s no juvenile detention as a punishment for the act. Secure placement, if it happens at all, must come through child protection or mental health channels, rather than corrections.
- There’s no delinquency record following the child into high school, college applications, or adulthood (this is most important for many families).
- Instead of going to court, the referral goes to the county. Law enforcement sends the report to the county’s human services agency, which screens it in the same way it would a maltreatment report.
The state’s Department of Children, Youth, and Families describes this shift in its implementation status report towards serving these children primarily through the child welfare system.
What CHIPS Means for You as a Parent
This is where the responsibility shifts to the household. In a delinquency case, your child is the defendant. In a CHIPS case, you are also a party.
The county attorney files a petition. The court can order a case plan that covers the whole family, including counseling, in-home services, supervision requirements and school attendance conditions. If the county believes that the child cannot safely remain at home, they can ask for placement outside the home under Minn. Stat. § 260C.201. This request can be made quickly.
A CHIPS petition is not finding that you have abused or neglected your child, but it can still feel that way.
You have the right to an attorney at every stage. Many of these cases can be resolved through voluntary services and without a court order, but that outcome usually depends on how the family interacts with the county during the first few weeks.
The Debate Is Not Over
The County Social Service Directors and the State’s Juvenile Justice Advisory Committee asked the Legislature to delay the change or add an exception for violent offenses. Lawmakers did not act before adjourning, and the Department of Children, Youth, and Families issued their county guidance the day before the law went into effect. They expect proposals to amend the statute when the legislature returns in 2027. For now, the rules stand as written.
Get Ahead of the County’s Response
If your child under 13 has been questioned by the police or you have received a call from the county’s human services, the next step is to have a conversation about what the county actually wants and what your family can reasonably provide. Most legal problems are solved outside the courtroom with practical knowledge and a respectful approach. CHIPS cases are a prime example of this.
At 29th & Law PC, we handle child protection matters and CHIPS throughout the Fergus Falls area with one goal in mind: finding a specific solution to your specific problem in the most practical and cost-effective way possible. Contact us today to schedule a consultation.