Restraining Orders for Child Care Settings and Schools sign now

Dear Senator Bakk and Representative Dill:

We the undersigned representing childcare providers, parents, school staff, Grand Marais City and Cook County government, and other Minnesota citizens, seek the protection of staff and children in childcare settings and schools from any kind of harassment resulting from a mandated report or any other reason, by allowing the school or childcare program to file a restraining order on the first offense of such an occurance, without a filing fee.

1. Whereas Harassment is defined by state statute as:

"609.748 HARASSMENT;
Subdivision 1. Definition. For the purposes of this section, the following terms have the meanings given them in this subdivision.
(a) "Harassment" includes:
(1) a single incident of physical or sexual assault or repeated incidents of intrusive or unwanted acts, words, or gestures that have a substantial adverse effect or are intended to have a substantial adverse effect on the safety, security, or privacy of another, regardless of the relationship between the actor and the intended target;"

Be it resoved that we request a change in the law to reflect that a single incident is enough to warrant a restraining order in the case of an incident of harassment as defined above involving staff and children of a childcare or school setting, including such an incident resulting from a mandated report.

2. Whereas a parent, guardian or stepparent of a minor may seek a restraining order on behalf of the minor:

"Subd. 2. jurisdiction.
A person who is a victim of harassment may seek a restraining order from the district court in the manner provided in this section. The parent, guardian, or stepparent of a minor who is a victim of harassment may seek a restraining order from the district court on behalf of the minor."

Be it resoved that we request that a child care provider or a school district may also seek a restraining order on behalf of the minors in the case of a single incident as described above.

3. Whereas the filing fees as waived under certain circumstances as follows:

"Subd. 3a. Filing fee; cost of service. The filing fees for a restraining order under this section are waived for the petitioner if the petition alleges acts that would constitute a violation of section 609.749, subdivision 2 or 3, or sections 609.342 to 609.3451. The court administrator and the sheriff of any county in this state shall perform their duties relating to service of process without charge to the petitioner. The court shall direct payment of the reasonable costs of service of process if served by a private process server when the sheriff is unavailable or if service is made by publication. The court may direct a respondent to pay to the court administrator the petitioner's filing fees and reasonable costs of service of process if the court determines that the respondent has the ability to pay the petitioner's fees and costs."

Be it resolved that we request that filing fees be waived for single incidents as described above.

4. Whereas the definition of harassment in the penalities section of the statute is as follows:

"609.749 HARASSMENT; STALKING; PENALTIES.
Subdivision 1. Definition. As used in this section, "harass" means to engage in intentional conduct which:
(1) the actor knows or has reason to know would cause the victim under the circumstances to feel frightened, threatened, oppressed, persecuted, or intimidated; and
(2) causes this reaction on the part of the victim.
Subd. 1a. No proof of specific intent required. In a prosecution under this section, the state is not required to prove that the actor intended to cause the victim to feel frightened, threatened, oppressed, persecuted, or intimidated, or except as otherwise provided in subdivision 3, paragraph (a), clause (4), or paragraph (b), that the actor intended to cause any other result.
Subd. 2. Harassment and stalking crimes. (a) A person who harasses another by committing any of the following acts is guilty of a gross misdemeanor:
(1) directly or indirectly manifests a purpose or intent to injure the person, property, or rights of another by the commission of an unlawful act;"

Be it resolved that we request that Subd. 2 include wording to include harassment as defined in Subd. 1 be applied to incidents that occur in child care settings and schools or toward mandated reporters.

We further resolve to pursue all political and legal remedies to have our existing laws changed to protect children in schools and childcare settings and child care providers and school staff from conduct which causes the victim(s)to feel frightened, threatened, oppressed, persecuted, or intimidated; and causes this reaction on the part of the
victim(s), after the first offense, in particular (but not excluding other incidents) when it results from a mandated report.

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Elnora MarshBy:
Nature and EnvironmentIn:
Petition target:
Parents, Childcare Providers, Government Employees, School Staff, Other Minnesota Citizens

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