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Institute for Family Violence Studies

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Karen Oehme, J. D.
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College of Social Work
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Tallahassee, FL 32306-2570

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Child Abuse Reporting Statutes



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ALABAMA
AL St. § 26-14-3: Mandatory Reporting Law
RULE When a child is known or suspected to be a victim of child abuse or neglect, all people who render medical aid or assistance to any child (including doctors, physicians, school teachers, officials, and law enforcement) shall report to a duly constituted authority.
DEFINITIONS Duly constituted authority: The Chief of police, sheriff, the Department of Human Resources, or any agency authorized by the Department of Human Resources to receive reports of child abuse or neglect.
EXCEPTIONS A member of the clergy shall not be required to report information gained solely in a confidential communication.
ADDITIONAL INFORMATION In addition to those required to report child abuse, any person may make such a report if such person has reasonable cause to suspect that a child is being abused or neglected.

Any person who shall knowingly fail to report as required by this chapter shall be guilty of a misdemeanor and shall be punished by a sentence of not more than six months imprisonment or a fine of not more than $500.00.
ALASKA
AK St. § 47.17.020: Persons Required to Report
RULE The following persons, who in the performance of their occupational duties have reasonable cause to suspect child abuse or neglect, shall immediately report the harm: practitioners of the healing arts, school teachers and school administrative staff members, peace officers and officers of the Department of Corrections, administrative officers of institutions, child care providers, paid employees of domestic violence and assault programs, and members of a child fatality review team.
ADDITIONAL INFORMATION Persons named in this section are not prohibited from reporting cases that come to their attention in their nonoccupational capacities. In addition, persons not listed are not prohibited from reporting if they have reasonable cause to suspect abuse or neglect.
APPELLATE CASES Walstad v. State, 818 P.2d 269 (1991)- non-testimonial report of sexual abuse by a minister-certified counselor did not amount to a violation of psychotherapist-patient or communications-with-clergy privilege.
ARIZONA
AZ St. § 13-3620: Duty to Report Abuse, Physical Injury, Neglect
RULE Any person who reasonably believes that a minor is or has been the victim of physical injury, abuse, child abuse, a reportable offense, or neglect shall immediately report to a peace officer or child protective services.
EXCEPTIONS A member of the clergy who has received a confidential communication or confession may withhold reporting if the member of the clergy determines that it is reasonable and necessary within the concepts of the religion.
ADDITIONAL INFORMATION Any person who reasonably believes that a child has been a victim of abuse may report.
ARKANSAS
AR St. § 12-12-507: Reports of Suspected Abuse or Neglect
RULE Any childcare worker or foster care worker, coroner, day care center worker, health care professional, domestic abuse advocate, domestic violence shelter employee/volunteer, employee of Department of Health and Human Services, employee under contract for the Division of Youth Services of the Department of Health and Human Services, foster parent, judge, law enforcement official, prosecuting attorney, resident intern, school counselor, school official, social worker, teacher, court appointed special advocate program staff member or volunteer, juvenile intake or probation officer, or clergyman shall immediately notify the child abuse hotline when he or she has reasonable cause to suspect that a child has been subjected to maltreatment.
EXCEPTIONS The child abuse hotline shall accept a report if the child or child's family is present in Arkansas or the incident occurred in Arkansas. However if the child or child's family resides in another state the child abuse hotline shall transfer the report to the child abuse report of the state where the child or child's family resides or where the incident occurred.
ADDITIONAL INFORMATION No privilege or contract shall prevent anyone from reporting child maltreatment when he or she is a mandated reporter as required by this section.

Any person required by the section to report who willfully fails to do so will be guilty of a class C misdemeanor.
CALIFORNIA
CA St. § 11165.7: Child Abuse and Neglect Reporting Act
RULE Reports of suspected child abuse or neglect shall be made by mandated reporters to any police department or sheriff's department. Mandated reporters: school employees, administrator of a public or private day camp, administrator or employee of a public or private youth center, youth recreation program, or youth organization, administrator or employee of a public or private organization whose duties require direct contact and supervision of children, employee of a county office of education or the California Department of Education, a licensee, an administrator, or an employee of a licensed community care or child day care facility, Head Start program teacher, a licensing worker or licensing evaluator employed by a licensing agency, public assistance worker, social worker, probation or parole officer, employee of a school district police or security department, district attorney investigator, inspector, or local child support agency caseworker unless the investigator, inspector, or caseworker is working with an attorney appointed to represent a minor, peace officer, firefighters, except for volunteer firefighters, health care professional, marriage, family and child counselor, mental health professional, state or county public health employee who treats a minor for venereal disease or any other condition, coroner, medical examiner, or any other person who performs autopsies, commercial film and photographic print processor, any employee of such a person, child visitation monitor, animal control officer or humane society officer, clergy member, custodian of records of a clergy member, employee of any police department, county sheriff's department, county probation department, or county welfare department, employee or volunteer of a Court Appointed Special Advocate program, custodial officer, or any person providing services to a minor child.
EXCEPTIONS A clergy member who receives a report of child abuse or neglect during a penitential communication is not subject to report. A penitential communication is intended to be in confidence including but not limited to a sacramental confession.
ADDITIONAL INFORMATION Any mandated reporter who fails to report shall be punished by not more than six months in a county jail or by a fine or more than $1,000 or by both fine and punishment.

Any mandated reporter who willfully fails to report the abuse or neglect which results in death or great bodily injury shall be punished by not more than one year in county jail or by a fine more than $5,000 or by both fine and punishment.
COLORADO
CO St. § 19-3-304: Persons Required to Report Child Abuse or Neglect
RULE The following persons who have reasonable cause to know or suspect that a child has been subject to abuse or neglect shall report to the county department or law enforcement agency. Any health care provider, coroner, public or private school employee, social worker, mental health professionals, veterinarian, peace officer, commercial film and print processor, firefighter, victim's advocate, licensed professional counselor, clergy member, registered dietician, worker in state department of human services, juvenile probation and parole officers, child and family investigators, and officers and agents of animal control.
EXCEPTIONS A clergy member shall not be required to report child abuse or neglect if the information was received through a communication about which the clergy member may not be examined as a witness.
ADDITIONAL INFORMATION Any person under this section who fails report child abuse or neglect commits a class three misdemeanor and shall be liable for damages caused proximately caused thereby.
APPELLATE CASES Dill v. People, 927 P.2d 1315 (1996)- Psychologist-client privilege does not apply to any communication that is the basis of a report of child abuse or neglect.
CONNECTICUT
CT St. § 17a-101: Report of abuse, neglect, or injury of child
RULE Mandated reporters: any health care professional, coach of intramural or interscholastic athletics, school employee, juvenile or adult probation or parole officer, member of the clergy, mental health professional, alcohol and drug counselor, marital counselor, sexual assault counselor, licensed professional counselor, any person paid to care for a child in any public or private facility, any employee of the Department of Children and Families, Department of Public Health, or Office of Child Advocate.
EXCEPTIONS None.
ADDITIONAL INFORMATION Any mandated reporter who fails to report shall participate in an educational and training program established by the Commissioner of Children and Families.
DELAWARE
DE ST TI 16 § 903: Reports Required
RULE Any physician, and any person in the healing arts including the health and mental health professions, school employee, social worker, and any person who knows or in good faith suspects child abuse or neglect shall report to the Division of Family Services.
EXCEPTIONS None.
ADDITIONAL INFORMATION In addition to the Division of Family Services, any person may give oral or written notice of knowledge or suspicion to any police officer who is in the person's presence.

Whoever violates this provision shall be fined of not more than $1,000 or imprisoned not more than 15 days, or both.
DISTRICT OF COLUMBIA
DC St. § 1321.02: Persons required to make reports; procedure
RULE Any of the following persons who knows or has reasonable cause to suspect that a child known to him in his or her professional or official capacity has been or is in immediate danger of being mentally or physically abused or neglected shall report to the Metropolitan Police Department or Child Protective Services Division of the Department of Human Services. The persons include: health care professionals, mental health professionals, law enforcement officers, school employees, social workers, and day care workers.
EXCEPTIONS None.
ADDITIONAL INFORMATION Persons who fail to report shall be punished of not more than $100.00 or imprisoned for not more than 30 days or both.
FLORIDA
FL St. § 39.201: Mandatory Reports of Child Abuse
RULE Any person who knows or has reasonable cause to suspect that a child is abused, abandoned, or neglected shall report to the department's central abuse hotline.
EXCEPTIONS None.
ADDITIONAL INFORMATION The following professionals must provide their name when reporting: health or mental health professionals, school personnel, law enforcement officers, or judges.

A person who is required to report child abuse or neglect and willfully fails to do so or willfully prevents another from doing so will be guilty of a misdemeanor in the first degree.
GEORGIA
GA St. § 19-7-5: (Proposed Legislation)
RULE Any health care professional, mental health professional, social worker, school employee, child welfare agency personnel, or law enforcement personnel who has reasonable cause to believe that a child has been abused shall report to a child welfare agency providing protective services.
DEFINITIONS "Child abuse" includes physical injury or death, neglect, sexual abuse, and sexual exploitation of a child.
EXCEPTIONS None.
ADDITIONAL INFORMATION Any person who is required to report and fails to do so will be guilty of a misdemeanor.
HAWAII
HI St. § 350-1.1: Reports
RULE The following persons who in their professional or official capacity have reason to believe that child abuse or neglect has occurred or may occur in the reasonably foreseeable future shall report immediately to the department or police department: any health related professionals, school employees, employees of any private or public agency, employees of law enforcement agency, providers of child care, medical examiner, or coroner.
EXCEPTIONS None.
ADDITIONAL INFORMATION Any person required to report who fails to do so or prevents another from reporting shall be guilty of a petty misdemeanor.

Any person who has reason to believe that child abuse or neglect has occurred or may occur in the reasonably foreseeable future may report.
IDAHO
ID St. 16-1605 (amended by 2005 Idaho Laws Ch. 391 (HB 325)) : Reporting of Abuse, Abandonment, or Neglect
RULE Any person who has reason to believe that a child under the age of 18 years old has been abused, abandoned, or neglected, or who observes the child being subjected to conditions which would reasonably result in abuse, abandonment, or neglect, shall report within twenty-four hours to the proper law enforcement agency or the department.
EXCEPTIONS Notification requirements do not apply to duly ordained ministers who receive information through confession or confidential communication made to him in his ecclesiastical capacity.
ADDITIONAL INFORMATION Failure to report shall be a misdemeanor. Any person who makes a report in bad faith shall be liable to the party against whom the report was made for the amount of damages sustained or $500, whichever is greater, plus the cost of attorney's fees and costs of suit.
ILLINOIS
IL St. Ch. 325 § 5/4 : (Proposed Legislation)
RULE Any health care professional, coroner, medical examiner, crisis hotline personnel, school personnel, social worker, domestic violence personnel, director or staff assistant of day care center, law enforcement officer, mental health professional, personnel of the Illinois Department of Public Health, Public Aid, Corrections, Child and Family Services, or probation officer who has reason to believe that a child known to them in their professional or official capacity may be an abused or neglected child, shall report immediately to the department. Members of the clergy are also required to report.
EXCEPTIONS None.
ADDITIONAL INFORMATION Any person may make a report who has reasonable cause to believe that a child is abused or neglected. Any person required to report who fails to do so shall be guilty of a Class A misdemeanor and a Class 4 felony for a second or subsequent offense.
INDIANA
IN St. § 31-33-5-1: Duty to Report
RULE An individual who has reason to believe that a child is a victim of child abuse or neglect shall make a report.
EXCEPTIONS None.
ADDITIONAL INFORMATION A person making a report that a child is abused or neglected is presumed to be acting in good faith.
IOWA
IA St. § 232.69: Mandatory and Permissive Reporters- Training Required
RULE Within 24 hours, the following persons shall make a report of abuse if a child is 12 years old or younger, and may make a report of abuse if a child is 12 years old or older: every health practitioner, social worker, employee of health care facility, school employee, employee of child care facility, employee of department of human services institution, peace officer, or mental health professional.
EXCEPTIONS None.
ADDITIONAL INFORMATION Any person who believes that a child has been abused may make a report. A person required to report shall undergo 2 hours of training relating to the identification and reporting of child abuse.
APPELLATE CASES Wilson v. Darr, 553 N.W. 2d 579 (1996)- a priest who met with family for counseling in accordance with the church had no statutory duty to report child abuse by father.
KANSAS
KS St. § 38-1522: (Proposed Legislation)
RULE When any of the following persons has reason to suspect that a child has been injured as a result of physical, mental, or emotional abuse or neglect or sexual abuse, they should report the matter promptly: health care professionals, school employees, mental health professionals, child care providers, firefighters, mediators, and law enforcement officers.
EXCEPTIONS None.
ADDITIONAL INFORMATION Any other person who has reason to suspect child abuse may report. Willful and knowing failure to report shall be a Class B misdemeanor.
KENTUCKY
KY St. § 620.030: Duty to Report Dependency, Neglect, or Abuse
RULE Any person who knows or has reasonable cause to believe that the child is dependant, neglected, or abused shall immediately report to a local law enforcement agency or the Kentucky State Police.
EXCEPTIONS None.
ADDITIONAL INFORMATION Nothing in this section relieves individuals of their duty to report.

Any person intentionally violating the provisions of this chapter shall be guilty of a Class B misdemeanor.
LOUISIANA
LSA Ch. C. Art. 609: Mandatory and Permitted Reporting
RULE Any mandatory reporter who has cause to believe that a child's physical or mental health or welfare is endangered as a result of abuse or neglect shall report.
DEFINITIONS (603) Mandatory reporters: health practitioners, mental health/social service practitioner, teaching or child care provider, police officers or law enforcement officials, commercial film or photographic print processors, and mediators.
EXCEPTIONS Member of the clergy is not required to report confidential communications, but should that person to report the allegations to the appropriate authorities.
ADDITIONAL INFORMATION Any other person who has cause to believe that a child's physical or mental health or welfare is endangered may report.
APPELLATE CASES Society of Roman Catholic Church of Diocese of Lafayette, Inc. v. Interstate Fire and Cas. Co., 126 F.3d 727 (1997)- officials of diocese are not statutorily required to report child abuse.
MAINE
ME St. § 4011-A: Reporting of Suspected Abuse or Neglect
RULE The following people shall report to the district attorney's office when that person knows or has reasonable cause to suspect that child has been or is likely to be abused or neglected: When acting in their professional capacity: health care professionals, school employees, children's summer camp employees, social workers, guardian ad litems, homemakers, mental health professionals, law enforcement officers, municipal fire officials, commercial film and photographic print processors, clergy members acquiring the information from clerical work, humane agents, and staff and professionals working in the field of domestic violence.
EXCEPTIONS Clergy members who acquire the information through confidential communications are not required to report.
ADDITIONAL INFORMATION Any person may make a report if that person knows or has reasonable cause to suspect that a child has been or is likely to be abused or neglected.
MARYLAND
MD St. § 5-704: Reports of Suspected Abuse or Neglect
RULE Each health practitioner, police officer, educator, or human service worker acting in a professional capacity who has reason to believe that a child has been subjected to abuse or neglect shall notify the local department or appropriate law enforcement agency. Any person who has reason to believe that a child has been subjected to abuse or neglect shall notify the local department or appropriate law enforcement agency.
DEFINITIONS "Local department" means the local department that has jurisdiction in the county where the allegedly abused or neglected child lives or where the alleged abuse or neglect is to have taken place.
EXCEPTIONS A minister of the gospel, clergy man or priest of an established church of any denomination is not required to provide notice if the clergy man is required to maintain the confidentiality of that communication under cannon law, church doctrine, or practice.
MASSACHUSETTS
MA St. 119 § 51A: Injured Children; Reports
RULE Any health care professional, school employee, day care worker, probation or parole officer, social worker, foster parent, firefighter or policeman, mental health professional, or clergy member who in their professional capacity has reasonable cause to believe that a child under the age of eighteen is suffering physical or emotional injury resulting from abuse inflicted upon him which causes harm or substantial risk of harm to the child health or welfare. . . shall immediately report the condition to the department.
EXCEPTIONS A clergy member need not report information solely gained in a confession or similarly confidential communication.
ADDITIONAL INFORMATION Any person required to report who fails to do so shall be punished of a fine of not more than $1000. Any person required to report who has reasonable cause to believe that a child has died from such abuse or neglect shall report to the district attorney for the county in which the death occurred.
APPELLATE CASES Doe v. D' Agostino, 367 F.Supp.2d 157 (2005)- statute requiring certain persons to report child abuse does not provide for private right of action against mandatory reporters who fail to make reports.
MICHIGAN
MI St. § 722.623: Required Reports of Child Abuse or Neglect
RULE Individuals required to report: health care professionals, mental health professionals, social worker, school employee, law enforcement officer, member of the clergy, or child care provider who has reasonable cause to suspect child abuse or neglect shall immediately report to the department. The following department employees shall report: eligibility specialist, family independence manager, family independence specialist, social services specialist, social work specialist, social work specialist manager, and welfare services specialist.
EXCEPTIONS None.
ADDITIONAL INFORMATION The pregnancy of a child less than 12 years of age or the presence of a venereal disease in a child who is over 1 month of age, but less than 12 years of age is reasonable cause to suspect child abuse and neglect have occurred.

Any person, including a child who has reasonable cause to suspect child abuse or neglect may report the matter to the department or law enforcement agency.
APPELLATE CASES People v. Beardsley, 688 N.W.2d 304 (2004)- under statute, persons required to report child abuse are only required to report child abuse when the suspected perpetrator is a parent, legal guardian, teacher, teacher's aide, or other person responsible for the child's health and welfare.
MINNESOTA
MN St. § 626.556: Reporting of Maltreatment of Minors
RULE Persons mandated to report: A person who knows or has reason to believe that a child is being neglected or is being physically or sexually abused shall immediately report the information to the local welfare or law enforcement agency if that person is: engaged in the healing arts, social services, hospital administration, psychological or psychiatric treatment, child care, education, correctional supervision, probation and correctional services, or law enforcement, or employed as a member of the clergy and received the information through ministerial duties.
DEFINITIONS "Immediately" means as soon as possible but in no event longer than 24 hours.
EXCEPTIONS A member of the clergy is not required to report information that is otherwise privileged.
ADDITIONAL INFORMATION Any person who knows or has reason to believe a child has been subjected to neglect or physical or sexual abuse may voluntarily report.
MISSISSIPPI
MS St. § 43-21-353: Reporting Abuse or Neglect
RULE An attorney, health care professional, social worker, child protection specialist, child care giver, minister, law enforcement officer, school employee, or any other person having reasonable cause to suspect that a child is neglected or abused shall immediately report to the Department of Human Services.
EXCEPTIONS None.
ADDITIONAL INFORMATION Any person who willfully violates this provision shall be punished of a fine of not more than five thousand dollars or by imprisonment in jail not to exceed one year, or both.
APPELLATE CASES Howe v. Andereck, 882 So.2d 240 (2004)- duty to report suspected child abuse attaches to an individual at the moment they are presented with a situation that produces a "reasonable cause" for suspicion.
MISSOURI
MO St. § 210.115: Reports of Abuse, Neglect, and Under Age Eighteen Deaths
RULE When any health care professional, mental health professional, coroner, social worker, day care center worker, juvenile officer, probation or parole officer, school employee, minister, law enforcement official, or other person with the responsibility for the care of children has reasonable cause to suspect that a child has been or may be subjected to abuse or neglect that person shall immediately report.
EXCPETIONS None.
ADDITIONAL INFORMATION Any person who has reasonable cause to suspect that a child has been or may be subjected to abuse or neglect may report.

Any person violating this section shall be guilty of a Class A misdemeanor.
APPELLATE CASES American Home Assurance Co. v. Pope, 360 F. 3d 848 (2004)- no private right of action exists for violation of statute requiring psychologist to report suspected child abuse.
MONTANA
MT St. § 41-3-201: Child Abuse and Neglect; Reports and Investigations; Reports
RULE When professionals or officials know or have reasonable cause to suspect that a child has been abused or neglected, they shall report the matter to the department of public health and human services.
DEFINITIONS Professionals: All health care providers including hospital admission staff, dentists, and optometrists; Christian Science Practitioners and religious healers; and members of the clergy.

Officials: School employees; social workers, licensed day-care employees, or referral grant program or food program staff; foster care, residential or institutional workers; law enforcement officials; guardian ad litem or court appointed advocate authorized to make such investigations; an employee of the department who is contracted to provide services to children.
EXCEPTIONS A member of the clergy is not required to report if the information was obtained during a confession or statement made when providing services in that person's capacity as a clergy; that statement or confession was intended to be confidential; and the person making the statement does not consent to its disclosure. A member of the clergy is also not required to report if the communication is required to be confidential under cannon law or church practice.
ADDITIONAL INFORMATION Any person who suspects abuse or neglect may make a report.
APPELLATE CASES Gross v. Myers, 748 P2d 459 (1987): Social worker was required to make report even though abuse occurred 16 years prior to session.
NEBRASKA
NE St. § 28-711: Child Subjected to Abuse or Neglect; Report; Contents; Toll-free Number.
RULE Anyone (health care providers, law enforcement officials, or any other person) who has reasonable cause to believe that a child has been subject to child abuse or neglect or observes such child being subjected to conditions or circumstances which reasonably would result in abuse or neglect shall report the abuse to a law enforcement agency or to the department.
ADDITIONAL INFORMATION Any law enforcement agency receiving the information shall forward it to the department within 24 hours of receipt.
NEVADA
NV St. §432B.220
RULE All health care providers, therapists, counselors, social workers, or athletic trainers; hospital staff; coroner; clergyman, Christian Science or religious healer; school administrator, teacher, or counselor; any employee of a child care facility or camp; licensed foster home provider; law enforcement officials; an attorney; any employee or volunteer of an agency who advises persons on child abuse; any employee or volunteer of a youth shelter; or any employee of an entity that provides organized activities for children, who knows or has reasonable cause to believe that a child has been abused or neglected shall report that abuse or neglect to a child welfare agency or law enforcement agency not later than 24 hours after the person has acquired the information.
EXCEPTIONS Clergy and religious healers don't have to report if they got the information during a confession, and attorneys don't have to report if they got the information from a client who is accused of the abuse or neglect.
ADDITIONAL INFORMATION Medical personnel who deliver infants suffering from what they know or have reasonable cause to believe to be substance abuse by the parents have to report that to law enforcement or welfare agencies.
NEW HAMPSHIRE
N.H. St. § 169 - C:29: Persons Required to Report
RULE Any person having reason to suspect that a child has been abused or neglected shall report it.
CASES Marquay v. Eno, 662 A.2d 272 (NH 1995): Failure to report is a misdemeanor but does not give rise to civil liability.
NEW JERSEY
N.J. St. 9:6-8.10: Reports of Child Abuse
RULE Any person having reasonable cause to believe that a child has been subjected to child abuse or acts of child abuse shall report it immediately to the Division of Youth and Family Services
APPELLATE CASES State v. Hill, 556 A.2d 1325 (NJ 1989): Duty is required of every citizen, not merely professional persons.
NEW MEXICO
N.M. St. § 32A-4-3: Duty to Report Child Abuse and Neglect
RULE Every person who knows or has a reasonable suspicion that a child has been abused or neglected shall report the matter to a law enforcement agency, welfare department, or tribal law enforcement agency.
EXCEPTIONS A member of the clergy who acquires information protected by law is not required to disclose the information.
ADDITIONAL INFORMATION Anyone who does not report such information is guilty of a misdemeanor.
NEW YORK
N.Y. Social Services Law §413: Persons and Officials Required to Report Cases of Suspected Child Abuse or Maltreatment
RULE Any health care provider including: physicians, nurses, hospital staff members, licensed creative arts therapists, and Christian Science practitioners; mental health professionals and associated therapists; school officials; social services workers; day care workers; employees or volunteers in residential care facilities; substance abuse counselors; law enforcement officials; and district attorneys are required to report abuse or maltreatment when they have reasonable cause to suspect that a child who comes before them or the person responsible for the child comes before them in their official or professional capacity.
EXCEPTIONS None.
ADDITIONAL INFORMATION Anytime a person listed above makes a report, he or she can request a copy of the findings. Any employer of the persons listed above shall inform the employee of this policy, and any government agency permitting or licensing day care or other similar facilities shall inform that facility of the reporting requirements when issuing the license.
CASES Kimberly S.M. by Mariann D.M. v. Bradford Central School, 226 A.D.2d 85 (4 Dept. 1996): Mandated reporter may be held liable for breach of duty to report even if abuse is ultimately not found. Sclar v. Fayetteville-Manlius School Dist, 300 A.D.2d 1115 (4 Dept. 2002): School district was entitled to immunity from liability for reporting suspected abuse in good faith.
NORTH CAROLINA
N.C. St. § 7B-301: Duty to Report Abuse, Neglect, Dependency, or Death Due to Maltreatment
RULE Any person or institution who has cause to suspect that any juvenile is abused or neglected or has died from maltreatment shall report the suspicion to the department of social services.
EXCEPTIONS None.
CASES Dobson v. Harris, 530 SE.2d 829 (NC 2000): When the statutory steps are followed, the duty to report is joined with civil and criminal immunity.
NORTH DAKOTA
N.D. St. 50-25.1-03: Persons Required and Permitted to Report
RULE Any healthcare or mental health worker, religious healer, school employee, social worker, child care worker, law enforcement official, or member of the clergy having knowledge or reasonable cause to suspect abuse or neglect or that a child has died from abuse or neglect shall report the circumstances to the social services department if that knowledge was obtained in their official or professional capacity. Any other person may report suspected abuse or neglect.
EXCEPTIONS A member of the clergy who acquires the knowledge through his capacity as a spiritual adviser is not required to report the suspected abuse or neglect.
OHIO
OH St. § 2151.421: Persons Required to Report Injury or Neglect
RULE Any attorney, healthcare professional*, mental health professional, therapist or counselor, child care facility worker, school employee, social worker, county humane society agent, religious healer, or employee or member of county board of mental retardation who is acting in an official or professional capacity and knows or suspects that a child under 18 or a retarded or disabled person under 21 has suffered or faces a threat of suffering any physical or mental wound or condition that indicates abuse or neglect shall report that suspicion to the children services agency or law enforcement. Any other person who suspects abuse or neglect may report it to children services or law enforcement.
EXCEPTIONS If a physician or attorney acquires the knowledge through privileged communications, he or she is not required to report it unless the client or patient waives the privilege or if: the client or patient is a child under 18 or a disabled or retarded person under 21; the attorney or physician knows that the client or patient has suffered a physical or mental wound or faces a threat of such suffering; and the attorney-client or physician-patient relationship does not arise out of a minor's attempt to have an abortion without parental notification.
CASES State v. Stewart, 676 N.E.2d 912 (Ohio App. 9 Dist. 1996): Any privilege of patient's communication with psychologist was automatically waived when she was under 18 and not seeking an abortion when psychologist had reason to believe that she had been sexually abused.
OKLAHOMA
OREGON
OR. St. § 419B.010: Duty of Officials to Report Child Abuse
RULE Any public or private official having any reasonable cause to believe that a child with whom the official comes into contact has suffered abuse or if the official comes into contact with a person the official has reasonable cause to believe has abused a child shall immediately report the matter.
DEFINITIONS Public or private official means: healthcare professionals*; school employees; any employee of a child care agency (Dept of Human Services, County Child Services); law enforcement officials; social workers; mental health professionals; clergy; certified foster care workers; attorneys; counselors and therapists; firefighters; child care providers; court appointed special advocates; and members of the legislature.
EXCEPTIONS A psychiatrist, psychologist, member of the clergy, attorney, or guardian ad litem appointed under this act is not required to report the information if the information is privileged. An attorney is not required to report if the information is disclosed by his client and would be detrimental to his client.
ADDITIONAL INFORMATION Anyone who fails to report suspected abuse or neglect is guilty of a class A violation.
CASES Multnomah County v. Spencer, 108 P.3d 1189 (OH 2005): Legislative intent to not require psychotherapists to report patient's disclosures about engaging in abuse was reconcilable with decision to allow psychotherapist to testify in child abuse prosecution.
PENNSYLVANIA
PA St. 23 Pa. C.S.A. §6311: Persons Required to Report Suspected Child Abuse
RULE Any healthcare professional*; hospital staff members; funeral director; Christian Science practitioner; school administrator or employee; social worker; child care provider; mental health professional; member of the clergy; or law enforcement official who in the course of their employment come into contact with a child who they have reasonable cause to suspect has been abused shall report the matter.
EXCEPTIONS Confidential communications made to an ordained member of the clergy are not required to be reported.
ADDITIONAL INFORMATION Anyone mentioned above who reports in good faith and suffers an adverse employment action has a cause of action for appropriate relief.
CASES Heinrich v. Conemaugh Valley Hospital, 648 A.2d 53 (Super. 1994): Hospital was not required to find true source of injuries to child before making a report of abuse.
RHODE ISLAND
R.I. St. § 40-11-3: Duty to Report
RULE Any person who has reasonable cause to know or suspect that any child has been abused or neglected or has been the victim of sexual abuse by another child shall report the matter within 24 hours to the Dept of Children and Families.
EXCEPTIONS None.
ADDITIONAL INFORMATION Nothing in this section prevents the parents from discontinuing life-support systems when the physician exercising competent medical judgment believes the child has no reasonable chance of recovery from the illness.
CASES Curtis v. State Dept. of Children and Their Families, 522 A.2d 203 (R.I. 1987): Child's allegations that her father beat her along with bruises on her body, a fear of going home, and no reason to doubt her veracity were sufficient to mandate a report by a teacher.
SOUTH CAROLINA
S.C. Code 1976 § 20-7-510
RULE Any healthcare professional*, coroner, mental health professional, member of the clergy, religious healer, school employee, social worker, substance abuse worker, childcare worker, law enforcement officer, funeral home worker, persons responsible for processing films, computer technician, or judge when receiving information which gives the person reason to believe that a child has been or maybe abused or neglected shall report the matter. If a person above believes that the abuse was not committed by the child's parent or guardian, the person must report the matter. Any other person who suspects abuse may report the matter.
EXCEPTIONS None.
CASES Doe v. Marion, 605 S.E.2d 556 (S.C. App. 2004): Psychiatrist's failure to report abuse did not create a private cause of action because it was concerned with the protection of the public.
SOUTH DAKOTA
S.D. St. § 26-8A-3: Persons Required to Report Child Abuse or Neglected Child.
RULE Any healthcare professional*, mental health professional, counselor, religious healing practitioner, law enforcement official, school employee, child welfare worker, employee or volunteer of a domestic abuse shelter, coroner or anyone in a safety sensitive position who has reasonable cause to suspect a child under the age of 18 has been abused or neglected shall report that information. Any other person who has reason to suspect abuse or neglect may report the information.
EXCEPTIONS None.
ADDITIONAL INFORMATION Anyone above who must report the information and fails to do so is guilty of a misdemeanor.
CASES Hughes v. Stanley County School Board, 594 N.W.2d 346 (SD 1999): Guidance counselor who did not report alleged sexual abuse by student who described improper contact with her father did not violate the statute because the student had been untruthful on many prior occasions.
TENNESSEE
TN St. § 37-1-403: Persons Required to Report
RULE Any person who has knowledge of or is called upon to render aid to any child who is suffering from or has sustained any wound, injury, disability, or physical or mental condition shall report the harm if the nature of the harm reasonably indicates brutality, abuse or neglect. If any person has reason to believe a child has been the victim of sexual abuse, that person should report the matter regardless of whether the child has suffered any harm.
EXCEPTIONS None.
ADDITIONAL INFORMATION Anyone required to report who has reasonable cause to believe a child died from abuse shall report the matter to the medical examiner.
TEXAS
TX Family Code § 261.101: Persons Required to Report
RULE A person having cause to believe that a child's physical or mental health or welfare has been adversely affected by abuse or neglect by any person shall immediately report the matter.
EXCEPTIONS None.
ADDITIONAL INFORMATION Professionals may not delegate the responsibility of reporting when they come in contact with a child who they believe has been abused or neglected.
CASES Bordman v. State, 56 S.W.3d 63 (14 App. Dist. 2001): Defendant was not entitled to the clergy-communication privilege to exclude his confession that he sexually assaulted his three children.
UTAH
UT St. § 62A-4a-403: Reporting Requirements
RULE When any person has reason to believe that a child has been subjected to incest, molestation, sexual abuse, sexual exploitation, physical abuse or neglect, or who observes a child being subjected to situations which would reasonably result in sexual abuse, physical abuse, or neglect, he shall immediately notify law enforcement.
EXCEPTIONS Members of the clergy do not have to report if they got the information directly from the perpetrator through confession and the clergy is bound by church or canon law not to report it unless the perpetrator consents. If the clergy member gets the information from another source, the member must report it.
CASES Allen v. Ortez, 802 P.2d 1307 (1990): Qualified immunity provided by the child abuse statute should be interpreted narrowly to avoid sanctioning widespread libel.
VERMONT
VT St. T. 33 § 4913: Suspected Child Abuse and Neglect
RULE Any healthcare professional*, mental health professional, hospital staff member, medical examiner, school employee, day care worker, social worker, law enforcement official, camp owner, camp administrator or counselor, or member of the clergy who has reasonable cause to believe that a child has been abused or neglected shall report the matter within 24 hours. Any other person with reasonable cause to suspect abuse may report the matter.
EXCEPTIONS A member of the clergy shall not be required to report suspected abuse if the report would be based on information received when acting as a spiritual adviser; the communication is intended to be confidential; the communication is intended to be an act of contrition or conscience; and the communication is required to be confidential by religious law.
ADDITIONAL INFORMATION Any person, except the abuser, making a report in good faith shall be immune from any civil or criminal liability.
CASES LaShay v. Dept of Social Services, 625 A.2d 224 (1993): Social services employee was not entitled to immunity for failing to report to commissioner that child placed in home was threatened with substantial risk of physical or mental injury.
VIRGINIA
VA St. 63.2-1509: Physicians, Nurses, Teachers, Etc., to Report Certain Injuries to Children
RULE Any healthcare professional*, social workers, law enforcement officers, school employees, child care providers, Christian Science practitioner, mental health professional, mediator eligible to receive court referrals, hospital staff members, and any court appointed special advocate who in their professional or official capacity have reason to suspect that a child is an abused or neglected child shall report the matter to the Department of Social Services.
EXCEPTIONS None.
ADDITIONAL INFORMATION Any person who makes a report shall be immune from civil or criminal liability.
WASHINGTON
WA St. § 26.44.030: Reports-Duty and Authority to Make
RULE When any healthcare professional*, medical examiner, law enforcement official, mental health professional, pharmacist, social worker, child care provider, liaison and placement specialist, or state family and children's ombudsman has reasonable cause to believe that a child has suffered abuse or neglect shall report the matter to the proper law enforcement agency. Any person who, in his supervisory capacity of a non-profit or for-profit organization, has reasonable cause to believe that a child has suffered abuse or neglect caused by a person over whom he has supervisory authority shall report the incident to law enforcement.
EXCEPTIONS None.
ADDITIONAL INFORMATION Any other person who has reasonable cause to suspect abuse may report the incident.
CASES In Re J.F., 37 P.3d 1227 (2001): Mandatory reporting statute trumps statutory counselor-patient privilege in dependency proceeding.
WEST VIRGINIA
W.V. St. § 49-6A-2: Persons Mandated to Report Suspected Abuse and Neglect
RULE Any healthcare professional*, religious healer, school employee, social services worker, law enforcement official, member of the clergy, judge, family court master, or employee of division of juvenile services who has reasonable cause to suspect that a child is neglected or abused or observes the child being subjected to conditions that might result in abuse or neglect shall report the matter within 48 hours to the department of human services and the division of public safety if believing the child suffered serious physical or sexual abuse.
EXCEPTIONS None.
ADDITIONAL INFORMATION Any other person may report abuse or neglect.
CASES Arbaugh v. Board of Educ., 591 S.E.2d 235 (2003): Child abuse reporting statute does not give rise to a civil cause of action against individuals who breached their duty to report.
WISCONSIN
WI St. § 48.981(2): Abused or Neglected Children
RULE Any healthcare professional*, medical examiner, acupuncturist, social worker, therapist or counselor, public assistance worker, school employees, mediator, child care worker, day care provider, dietician, speech-language pathologist, first responder, and law enforcement official who has reasonable cause to suspect that a child has been abused or neglected or has been threatened with abuse or neglect shall report the matter.
EXCEPTIONS A member of the clergy is not required to report suspected abuse if he receives information solely through confidential communications made to him privately in a confessional setting if he is authorized to hear such confessions. Healthcare providers are not required to report sexual intercourse or sexual contact involving a child unless the sexual intercourse or contact occurred or is likely to occur with a caregiver; the child suffers from a mental illness that renders him incapable of understanding the consequences of the actions; the child because of age or immaturity is unable to understand the nature of sexual intercourse or consequences; the child was unconscious at the time of the act or unable to communicate unwillingness; another participant in the act was exploiting the child.
ADDITIONAL INFORMATION Any other person, including an attorney, who suspects abuse may report the matter.
CASES State v. Hurd, 400 N.W.2d 42 (App. 1986): Test for reasonable cause is whether a prudent person when presented with the same totality of the circumstances would have reasonable cause to suspect child abuse.
WYOMING
WY St. § 14-3-205: Child Abuse or Neglect; Persons Required to Report
RULE Any person who knows or has reasonable cause to suspect that a child is either abused or neglected or observes the child in conditions that would reasonably lead to abuse or neglect shall report the matter to law enforcement or a child protective agency.
EXCEPTIONS None.
ADDITIONAL INFORMATION If the person reporting the abuse is a staff member of a public or private institution, that person shall report the matter to the person in charge as well.
CASES May v. Southwest Wyo. Mental Health Center, 866 P.2d 732 (Wyo. 1993): Immunity for reporting extends to both civil and criminal liability and includes participation in legal proceedings.
GUAM
19 GCA § 13201: Persons Required to Report Suspected Child Abuse or Neglect
RULE Any person who, in the course of his or her employment, occupation, or practice or his or her profession, comes into contact with children shall report when he or she on the basis of his medical, professional, or other training and experience that a child is an abused or neglected child.
EXCEPTIONS None.
ADDITIONAL INFORMATION No person may claim "privileged communications" as a basis for his or her refusal or failure to report. Any person who fails to report shall be guilty of a misdemeanor punishable of not more than confinement of six months or a fine of $1,000. A second or subsequent conviction shall be a felony of the third degree.

In addition to those required to report, any person who has reasonable cause to suspect child abuse or neglect may report.
PUERTO RICO
Puerto Rico has no mandatory reporting statues.
THE VIRGIN ISLANDS
V.I. St. T. 5 § 2533: Persons Mandated to Report Suspected Abuse
RULE Any healthcare professional*, hospital staff member, mental health professional, school employee, social services worker, day care or child care worker, or law enforcement official who has reasonable cause to suspect that a child has been subject to abuse, sexual abuse or neglect or observes the child in conditions that might reasonably lead to abuse or neglect shall report the matter immediately.
EXCEPTIONS None.
ADDITIONAL INFORMATION Any person who is a staff member of a public or private institution and suspects abuse shall report the matter to the person in charge of the institution. Any other person than those listed above who has reasonable cause to suspect abuse may report the matter.
*Healthcare professionals includes: doctors, osteopaths, interns, residents, nurses (both RNs and LPNs), physician assistants, nurse practitioners, dentists, hygienists, optometrists, and chiropractors.

(2006)
This document was created by the CLEARINGHOUSE ON SUPERVISED VISITATION AT FLORIDA STATE UNIVERSITY.
DO NOT PUBLISH OR CIRCULATE WITHOUT EXPRESS AUTHORIZATION OF THE CLEARINGHOUSE.
Seek the advice of an attorney in your state; this document does not provide legal advice.