HCAO statement in response to arrest of child driving a stolen car near school playground

“The Hennepin County Attorney’s Office has filed charges in this matter because of the very significant safety implications both for this child and the broader community. We will have no further statement on this specific matter as the law prohibits the sharing of criminal justice information related to children this young.

“It is important to note that in all cases, a person, including a child, cannot be prosecuted if they are not capable of understanding the legal proceedings or assisting their lawyer in the defense. A court-appointed psychologist makes a recommendation on competency to a judge who ultimately makes the decision. If a child is found not competent by the court, the case against them must be dismissed or suspended, and the child must be released from custody.

“We are facing an urgent crisis in our community related to a small group of children who are not competent to stand trial in the juvenile justice system, but who cannot safely be at home. We are actively engaged with law enforcement, as well as county and state partners, about the critical need for safe and appropriate out-of-home placements for children with these complex needs who require specialized care. We cannot charge or prosecute our way out of this crisis.

“What we need is clear: residential placements with varying levels of security in our community that are resourced and staffed to be able to accept and successfully treat our youth with complex needs. And we need urgent and immediate action to address this issue now.”

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