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HF 5135

Amendments to the age at which a child may be considered a delinquent child delayed.

2025-2026 Regular Session Introduced by Bidal Duran

HF 5135 delays changing the age thresholds for labeling acts by children under 13 as delinquent or CHIPS, with key changes effective August 1, 2026 and some shifts to August 1, 202

Introduction and first reading, referred to Public Safety Finance and Policy
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Bill Summary · HF 5135

Summary of HF 5135 (2025-2026) — Minnesota

HF 5135 proposes amendments related to how the state defines “delinquent child” and “child in need of protection or services” (CHIPS), with a specific focus on delaying certain changes to the age at which a child can be considered delinquent or handled under CHIPS instead of criminal delinquency. The bill is set to take effect on August 1, 2026 (for the delinquency-related provisions).

1) Purpose and intent

  • Align and delay the age thresholds used to classify a child’s behavior as delinquency or CHIPS-involved conduct.
  • Provide a transition timeline so that changes to the age at which a child is treated as delinquent are not immediate and instead apply to acts committed on or after August 1, 2026 (for relevant provisions).

2) Key provisions and changes

A. Delinquent child definition (Minnesota Statutes 2024, § 260B.007, subd. 6)

  • Revisions specify that, with certain exceptions, a “delinquent child” includes:
    • A child who violates state/local laws (excluding certain crimes and juvenile offenders described in other subdivisions).
    • A child who commits acts under federal or out-of-state law that would be delinquent if committed in Minnesota or would be a crime if an adult.
    • Escapes from custody in juvenile facilities (state or local).
  • Exceptions:
    • Excludes a child alleged to have committed first-degree murder after turning 16 (but includes those charged with attempted murder in the first degree).
    • Excludes a child alleged to have engaged in conduct constituting certain sexual offenses related to offer-to-hire or hire-for-sex acts.
    • Critically, there is a delay-related exclusion: “effective August 1, 2026 (deleted text) 2027 (new text)” the bill moves this to 2027 and reads that the term does not include a child alleged to have committed a delinquent act before becoming 13 years old.
  • Effective date for this section: August 1, 2026.

In short, HF 5135 delays a provision that would exempt very young children (under 13) from being labeled delinquent for acts committed before age 13, shifting the effective exemption to August 1, 2027.

B. Child in need of protection or services (CHIPS) — § 260C.007, subd. 6

  • The CHIPS definition remains broad, listing numerous conditions that qualify a child as in need of protection or services, including neglect, abuse, abandonment, unsafe environments, runaway status, truancy, and other risk factors.
  • A notable delayed element mirrors the delinquency provision: effective August 1, 2026 (moved to 2027 in the new text), the bill adds an exemption that a child who commits a delinquent act before turning 13 would not be considered a CHIPS case under this new age threshold.
  • Effective date for this section: August 1, 2026.

3) Who would be affected

  • Children and families in Minnesota who are involved with juvenile delinquency proceedings or CHIPS cases.
  • Juvenile court processes and decisions that hinge on whether a child is classified as delinquent or as a child in need of protection or services.
  • State agencies and local social services departments implementing child welfare and juvenile justice policies.

4) Procedural and timeline aspects

  • Effective dates:
    • Primary changes become effective August 1, 2026.
    • The new wording indicates a further delayed provision for acts committed before age 13 that would otherwise affect delinquency/CHIPS status now applies to acts after August 1, 2026 (with the most explicit shift to August 1, 2027 for the age-13 cutoff under certain provisions).
  • The bill is currently in the introduction/first reading stage (as of 05/12/2026) and has a co-sponsor listed (BidAL Duran).

5) Practical implications

  • The delay provides a longer period before Minnesota alters age-based thresholds for delinquency and CHIPS classifications, potentially affecting how youngest children (under age 13) are treated in the juvenile justice system.
  • Administrators and practitioners would need to adjust policies, case management practices, and funding streams to reflect the phased implementation.
  • The overall effect is to reduce immediate scope of a lower-age exclusion from delinquency status and CHIPS status, pushing part of the change into late 2026/2027.

If you’d like, I can provide a side-by-side comparison with current law to illustrate exact changes line-by-line or create a quick briefing for policymakers.

Compiled from official sources — confirm details with the bill’s official record.

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