Clay County Courthouse
MINNESOTA (KFGO) – Minnesota officials gave their first guidance to county attorneys offices and social services staff on a juvenile prosecution law the day before it went into effect.
The state law moving the age someone can be prosecuted for all crimes from 10 to younger than 13 began August 1.
The bill was passed by the legislature in 2024.
Children of that age accused of a crime are referred to social services where it’s determined if they will receive referrals for mental health or chemical dependency or restorative justice or diversion programs.
To be charged as an adult, defendants must by 14-years-old.
A bulletin from the Department of Children, Youth and Families gives prosecutors guidance on being compliant with federal law, when a child younger than 13 should be released to a parent or guardian and information on services for parents.
Chief Assistant Clay County Attorney Katie Stock said her office has seen and increase in competency evaluation requests for young children and they have been found incompetent to stand trial or assist in their defense.
“That is due in large part because of where they are developmentally just because of their age. Not necessarily because they have any underlying issues,” Stock explained.
The Clay County Attorney’s Office said 10 to 15 children ages 10 to 12 charged with a crime have gone to trial since 2020. Most cases were for assault, disorderly conduct, theft or criminal damage to property.
KFGO asked the Minnesota Department of Children, Youth and Families for a statement on why the guidance on the law was given so late, but we haven’t received one.
Prosecutors still consult with child protection on every case.
“Part of that was to make sure we are understanding the types of cases that are coming in and the types of issues that arise, but the other part is to make sure that we are tailoring and being flexible in our responses to what the needs are,” Stock said.
Prosecutors advise people who believe children have committed crimes to reach out to police.
“We certainly wouldn’t want somebody to just assume they know how old somebody is and then not report,” Stock said.
The only state-run prison in Minnesota that admits children is in Red Wing. They are only sent there if the child convicted of a crime has exhausted all juvenile resources.
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