Reporting Abuse with the Abuser Present: How a Minnesota Law Continues to Traumatize Child Abuse Victims


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Maya White came forward to report that her father was abusing her when she was a sixth-grader. Maya soon realized that she would have to report the abuse while in the presence of her father. In her own words, Maya, now 15 years old, explained that “not only did I have to tell my story to complete strangers, but I was also forced to do so in front of my abuser.”

No child should have to report the abuse they endured in the presence of their abuser. Unfortunately, children who suffer child abuse in Minnesota are often forced to report the abuse they experience in front of their abuser because Minnesota does not grant “children the right to be interviewed separately from their guardians when reporting abuse – even if the guardian is the alleged abuser,” according to the Minnesota House of Representatives

Maya is using her voice to call for a change, stating that “no child should have to go through the same experience that I did.” Minnesota lawmakers, including Rep. Jamie Becker-Finn (DFL – Roseville), agree. Rep. Becker-Finn sponsored a new Minnesota law, HF3971, referred to as “Maya’s Law,” which would require that child welfare interviews occur without the alleged abuser being present. To force children to tell child welfare investigators their experiences of abuse with alleged abusers present “is incredibly problematic,” argued Rep. Becker-Finn. She continued by saying that “it does not allow us to really get to the heart of what’s going on to keep children protected.”

The Minnesota House Judiciary Finance and Civil Law Committee approved the bill on March 17, 2022. The bill was then sent to Minnesota’s House Human Services Finance and Policy Committee. If the bill becomes law, officials (1) would no longer interview children with their abuser present, (2) would interview the child before interviewing the alleged abuser or the child’s guardian or school officials, (3) would allow officials to interview the child without a guardian’s permission, and (4) require that interviews with children in foster care who are five years of age or older occur without the foster parents being present.

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