Minnesota weighs stricter child abuse reporting laws after church scandal

ST. PAUL, Minn. – A Minnesota state senator is proposing legislation to strengthen laws holding adults accountable for failing to report suspected child abuse.

The move follows a joint investigation by the Star Tribune and ProPublica, which revealed that leaders at a Duluth church shielded a child sex solicitor for years.

The investigation found that pastors at the Old Apostolic Lutheran Church were aware of allegations that congregant Clint Massie had sexually abused girls. Rather than alerting law enforcement, church leadership pressured victims to forgive their abuser and remain silent.

Massie, 50, eventually pleaded guilty and was sentenced to seven and a half years in prison.

Under current Minnesota law, clergy members are classified as mandated reporters, but failing to report abuse is only a misdemeanor carrying minimal penalties. Data shows that only six people have been convicted of violating this law over the past 15 years, with most receiving probation or insignificant fines.

Additionally, the Minnesota Supreme Court has blocked civil lawsuits seeking damages against individuals or organizations that fail to report abuse.

The recent incident in Minnesota is more than an isolated criminal failure; it serves as a stark indictment of a systemic void in U.S. child protection frameworks—specifically, the total erosion of legal deterrence. While mandatory reporting statutes remain on the books, they have been rendered functionally obsolete by two critical policy failures.

First, the criminal threshold for non-compliance is insufficient. By categorizing the failure to report as a mere misdemeanor—punishable by negligible fines or probation—the state has failed to create a credible deterrent. For individuals and institutions, these minor penalties are easily outweighed by internal pressures and the desire to protect communal or institutional reputations, as evidenced in the recent case involving local church leadership.

Second, and more significantly, is the absence of civil recourse. A 2007 Minnesota Supreme Court precedent effectively immunized organizations against civil lawsuits in these matters, removing the most potent enforcement tool in the legal arsenal. For institutional actors, the threat of multi-million dollar tort liability is a far more effective driver of compliance than the prospect of a small criminal fine. Without the risk of financial ruin, organizations lack the economic incentive to aggressively implement and monitor internal safety protocols.

Furthermore, the defense used by the church—arguing that its pastors serve as unpaid volunteers to bypass the statutory definition of "employee"—highlights a sophisticated exploitation of legal loopholes. The pending legislative push led by State Senator Erin Maye Quade now serves as a critical litmus test. Its success will determine whether Minnesota can bridge the chasm between the spirit of the law and the practical realities of institutional accountability.

Child protection is a shared priority for every community in the U.S., including Vietnamese Americans. Whether families are building lives in Little Saigon or working within the nail salon and phở industries, these state-level legal frameworks provide a critical safety net that ensures the well-being of every household.