Mandatory Reporting of Child Abuse and Neglect - by Susan K. Smith, Atty., Hartford and Avon, CT.

A summary of the important features of statutes mandating persons to report child abuse and neglect. References to statutes, articles and resources in all 50 states.

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Topic Home Page: Resources for Victims of Sexual Abuse

Topic Feature: Remedies for Victims of Sexual Abuse

Topic Feature: Statutes of Limitations for Child Sexual Abuse

Table of Contents

Facts about Mandatory
Reporting Requirements

State Statutes

Links

Toll Free Numbers for Reporting Abuse in All States

Merk Manual: Reporting Abuse & Neglect

Navy General Medical Officer Medical Manual: Guide for Physicians in Diagnosing and Documenting Child Abuse

American Academy of Pediatrics: Oral and Dental Aspects of Child Abuse

Book available from the APA: Mandated Reporting of Suspected Child Abuse: Ethics Law & Policy (2d Ed) by Seth C. Kalichman

APA publication: A Guide for Including Information on Child Abuse and Neglect in Graduate and Professional Education and Training (contains issues discussion and bibliography)

American Bar Association Standards of Practice For Lawyers Representing a Child in Abuse and Neglect Cases

Article: In vitro 'child abuse' and physician reporting from the Harvard Risk Management Foundation (sponsored by Controlled Risk Ins. Co.)

Child Sexual Abuse Guidelines: Recommendations for Professionals (North Carolina Atty. General Publication, 1997)

Student op-ed: Everyone must report all cases of child abuse

National Clearinghouse on Child Abuse and Neglect Information of the U.S. Dept. of Health & Human Serv. has Acrobat-formatted compilations of all criminal and civil state child welfare statutes.

Graphic courtesy of Art Today

Susan K. Smith
David M. Moore

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The Fine Print: This web site provides general information only and cannot be relied upon as legal advice. Laws change and differ from State to State. Applicability of the legal principles discussed may differ substantially in individual situations. You should consult an attorney about your particular situation.

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Mandatory Reporting
of Child Abuse and Neglect

by Susan K. Smith,
Attorney at Law, Hartford & Avon, CT

Page last edited 08/25/2007

Mandatory Reporting Facts

All 50 states have passed some form of a mandatory child abuse and neglect reporting law in order to qualify for funding under the Child Abuse Prevention and Treatment Act (CAPTA)(Jan. 1996 version), 42 U.S.C. 5101, et seq.. The Act was originally passed in 1974, has been amended several times and was most recently amended and reauthorized on October 3, 1996, by the Child Abuse Prevention and Treatment and Adoption Act Amendments of 1996 (P.L. 104-235).

CAPTA mandates "minimum definitions" for child abuse and sexual abuse. Child abuse or neglect is any recent act or failure to act:

Resulting in imminent risk of serious harm, death, serious physical or emotional harm, sexual abuse, or exploitation
Of a child (usually a person under the age of 18, but a younger age may be specified in cases not involving sexual abuse)
By a parent or caretaker who is responsible for the child's welfare

Sexual abuse is defined as

Employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or assist any other person to engage in, any sexually explicit conduct or any simulation of such conduct for the purpose of producing any visual depiction of such conduct; or
rape, and in cases of caretaker or inter-familial relationships, statutory rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children.

Many states have modeled their laws after the Model Child Protection Act.
Every state has a hotline for reporting abuse and neglect.

All states require certain professionals and institutions to report suspected child abuse, including health care providers and facilities of all types, mental health care providers of all types, teachers and other school personnel, social workers, day care providers and law enforcement personnel. Many states require film developers to report.

Many states have broad statutes requiring "any person" to report.

A very helpful resource is the Child Welfare Information Gateway searchable database of statutes by state and topic. The Gateway is the successor to the National Clearinghouse on Child Abuse and Neglect Information and is a service of the Children's Bureau, Administration for Children and Families, U.S. Department of Health and Human Services.

Actual statutory language (where easily viewed) and other state resources are listed in the table below.

Extent of the knowledge triggering the duty to report varies. Some statutes call for reporting upon a mere "reasonable cause to believe" or a "reasonable suspicion." Other statutes require the reporter to "know or suspect," which is a higher degree of knowledge.

Failure to report suspected child abuse can result in criminal liability, although the liability is typically a misdemeanor punishable by a fine.

Failure to report can result in civil liability.

Immunity. CAPTA requires states to enact legislation that provides for immunity from prosecution arising out of the reporting abuse or neglect. In most states, a person who reports suspected child abuse in "good faith" is absolutely immune from criminal and civil liability. For that reason, most healthcare attorneys will advise a client "that it is far better, in theory, to be faced with defending a civil action for reporting suspected abuse rather than the bleak alternative of defending a civil action . . . if a child is injured or killed as a result of failing to make a report of suspected child abuse." Mandatory Reporting: Hidden Dangers by Attys. Jennifer L. Cox and Jennifer A. Osowiecki.
False Reporting. The 1993 CAPTA amendments require states to enact legislation providing for prosecution in false reporting cases (reports made without having a reasonable belief that the report is true.) The false reporting laws must be read together with the immunity statutes and case law, however; persons who report in "good faith" are immune from civil and criminal liability. As a matter of public policy, prosecutors should be extremely selective in initiating false reporting prosecutions so that reporting is not discouraged.

Confidentiality and Privileges. Some statutes expressly provide that all confidential privileges are abrogated. Some states provide an exemption for clergyman who receive information in the context of a sacred communication or confession. The clergy/penitent exception, however, is strictly defined and will not apply if a clergyman is acting in another role, i.e. a health practitioner. This raises the issue of whether pastoral counselors in private practice can assert the privilege.

Attorneys. An attorney is prohibited by ethical constraints from reporting if the information is obtained from a perpetrator or other responsible party exposed to criminal or civil liability via an attorney/client communication. In addition, no statute can abrogate the attorney/client privilege in the context of the defense of a person accused of a crime because such a prohibition would violate the accused person's Constitutional right to counsel. When attorneys represent children or adults in other settings however, there are competing considerations and reporting may be mandatory or permissible. American Bar Association Standards of Practice For Lawyers Representing a Child in Abuse and Neglect Cases.
Clergy. In the wake of the Catholic church sex abuse scandal, many states have revised their mandatory reporting laws to include clergy as mandatory reporters. Link to Clergy as Mandatory Reporters of Child Abuse and Neglect. Link to an article on clergy reporting by the Wisconsin Council of Churches.

All states require the report to be made to some type of law enforcement authority or child protection agency. Reporting to a parent or relative will not satisfy the reporter's legal duty under the statutes.

States now have similar statutes requiring the reporting of elder abuse.

Disclaimer. This web page does not constitute legal advice. This is a rapidly changing area of the law. You should consult a lawyer if you have any questions about your reporting duties. On-line statutes can become out of date and are subject to legal interpretation depending on particular facts and circumstances.
Thank you to everyone who has written to let me know about broken links and amendments to legislation. Please help us keep this page up to date by reporting any problems, good sources, out of date references or bad links. Email to report problems.

All States	Statutes & Resources Link to Child Welfare Information Gateway site for information on all 50 statutes. The Gateway's Summary of State Laws is a useful compendium and is current as of 2005.
Alabama	Ala Code §§ 26-14-1 to 26-14-13. Link to Chapter Index, Title 26, Ch. 14. Alabama Department of Human Resources: Reporting abuse and neglect
Alaska	Alaska Stat. §§ 47.17.010-.290. Reporting child abuse in Alaska (Alaska Dept. Health & Social Services)(PDF) RID Alaska of Child Abuse >Public Information
Arizona	Ariz. Rev Stat Ann §§ 13-3620. Link to Child Welfare Information Gateway site Arizona Child Protective Services: Reporting Abuse and Neglect Arizona Child Abuse Info Center site.
Arkansas	Ark Stat Ann §§ 12-12-501, et seq. Link to National Clearinghouse Page. Child Protective Services - Abuse & Neglect
California	Cal Penal Code §§, 11 164-11174.3. The California Child Abuse and Neglect Reporting Act (CANRA) was amended on Sept. 29, 2000. Link to Child Welfare Information Gateway site Reporting Child Abuse in California - Link to Safe State site for downloadable resources. California Mandatory Reporting law by Santa Clara Child Abuse Council.
Colorado	Colo Rev Stat §§ 19-3-301 to -316. Link to 19-3-304. Link to Child Welfare Information Gateway site State of Colorado: Child Abuse Issues in School
Connecticut	Conn Gen Stat Ann §§ 17a-101 to 107. Reporting child abuse in Connecticut (from the State of Conn. Dept. of Children & Families). Statutes, procedures, explanations, phone numbers and downloadable reporting form. On April 11, 2002, the Department of Children and Families announced that it would more broadly interpret the mandatory reporting statute so as to require reports of abuse by any party, including persons who were not parents or guardian of the child. Previously it had interpreted the statute so narrowly that it only required clergy, therapists, teachers, and others covered by the law to report abuse by parents or guardians. The Connecticut Appellate Court ruled that persons who report suspected child abuse in good faith are absolutely immune from suit for damages. Morales v. Kagel, 58 Conn. App. 776, 755 A.2d 915. The Connecticut Supreme Court has also provided immunity to professionals who perform evaluations of claims of child abuse from liability to the parents of those children for negligence in the performance of their evaluations. Zamstein v. Marvasti, 240 Conn. 549, 692 A.2d 781 (1997).
Delaware	The Professionals' Guide to Reporting Child Abuse and Neglect A DSCYF Division of Family Services brochure. Link to Child Welfare Information Gateway site Delaware Children's Services Homepage. Links to text of statutes, pamphlets & reporting forms.
D.C.	DC Code Ann §§ 2-1351 to -1357 Link to Child Welfare Information Gateway site
Florida	Fla Stat Ann §§ 39.301-39.307 How to Report Child Abuse in Florida
Georgia	Code Ga Ann § 19-7-5 Link to Child Welfare Information Gateway site How to Report Abuse or Neglect. Site maintained by George Dept. Human Resources.
Hawaii	Haw Rev Stat §§ 350-1 to 350-5. Link to Child Welfare Information Gateway site
Idaho	Idaho Code §§ 16-1619, et seq. Reporting in Idaho - Maintained by DHW
Illinois	Ill. Ann. Stat. ch. 325, para. 5/4 (Smith-Hurd Supp. 1997); ch. 325, para. 5/4.1; and ch. 720, para. 5/11-20.2 (Smith-Hurd 1993) Link to Child Welfare Information Gateway site Child protection & reporting of abuse and neglect (Ill. Dept. of Children & Family Services.)
Indiana	Ind Code Ann §§ 31-33-5, et seq. Immunity provisions § 31-33-6. Prevent Child Abuse Indiana
Iowa	Iowa Code Ann § 232.69, et seq. Link to Child Welfare Information Gateway site Iowa Prevent Child Abuse Iowa State University: Child Abuse Reporting
Kansas	Link to Child Welfare Information Gateway site A Guide to Reporting Abuse & Neglect in Kansas
Kentucky	Link to Child Welfare Information Gateway site Commonwealth of Kentucky: Reporting Abuse and Neglect FAQ
Louisiana	La. Children's Code art. 603(13), 609 and 610(F) (1995). Link to Child Welfare Information Gateway site Reporting Child Abuse in Louisiana - Maintained by Prevent Child Abuse Louisiana
Maine	Me Rev Stat Ann Tit 22 §§4011A, et seq
Maryland	Md Fam Law Code Ann §§ 5-701 to -715. Link to Child Welfare Information Gateway site Maryland Child Protective Services Homepage
Massachusetts	Mass. Ann Laws ch 119, §§51A, 51B, 51C, 51D, 51E and 51F. Link to Child Welfare Information Gateway site Prevent Child Abuse Massachusetts
Michigan	Mich. Comp. Laws Ann. §§ 722.623(1), (8) (West Supp. 1997); 722.631 (West 1993) Link to Child Welfare Information Gateway site Michigan Child Protective Services: Statutes, Reporting Abuse & Neglect Kalamazoo County: Reporting Child Abuse in Michigan Reporting abuse and neglect from the Calhoun County Courts page.
Minn.	Minn. Stat Ann § 626.556 Reporting Child Abuse (City of Minneapolis)
Miss.	Miss. Code Ann §§ 43-21-351 to 43-21-357. Link to §43-21-353. Mississippi DHS: Recognizing and reporting child abuse
Missouri	Mo Ann Stat §§ 210.110 to 210.165. Link to §210.115. Use retrieval page. Child Abuse/Neglect Reporting in Missouri - Maintained by Missouri Center for Safe Schools
Montana	Mont Code Ann §§ 41-3-201, et seq. Link to Child Welfare Information Gateway site Montana DHHS: How to report in Montana
Nebraska	Neb Rev Stat §§ 28-710 to 28-733. Link to Child Welfare Information Gateway site Child abuse & reporting information from the Nebraska Department of Health and Human Services Abuse and Neglect - written by Nebraska School Nurses' Association
Nevada	Nev Rev Stat §§ 432B.010 to 432B.390 Child Abuse Laws and Reporting - Clark County Publication
New Hampshire	NH Rev Stat Ann §§ 169-C:29 to 169-C:39. Link to Child Welfare Information Gateway site Reporting Abuse and Neglect
New Jersey	NJ Rev Stat Ann §§ 9:6-8.8, et seq. Link to Child Welfare Information Gateway site Reporting Abuse in New Jersey
New Mexico	NM Stat, Ann § 32A-4-3, et seq. Link to Child Welfare Information Gateway site
New York	NY Soc Serv Law §§ 411 to 428. Link to Child Welfare Information Gateway site Guide for Mandated Reporters in New York. How to Report Child Abuse in New York Professionals who are licensed in New York must complete mandatory child abuse training. Memo from NY State Office of Professions. New York reporting law was expanded in 2007. The law, will require case workers to report suspected abuse they hear about from a third party, in addition to suspected cases they observe firsthand or learn about from contact with a child's parents or guardian.
North Carolina	NC Gen Stat. §§ 7B-301, et seq Link to Child Welfare Information Gateway site Recognizing and Reporting Abuse (NC)
North Dakota	ND Cent Code §§ 50-25.1-01 to 50-25.1-14. Link to Child Welfare Information Gateway site Reporting Abuse & Neglect - North Dakota 4H
Ohio	Ohio Rev Code § 2151.421. Link to Child Welfare Information Gateway site Ohio State University: Recognizing Abuse & Neglect
Oklahoma	Okla Stat Ann tit. 10 §§ 7103 Recognizing and reporting child abuse from the Child Abuse Response & Evaluation Center, Oklahoma City, OK
Oregon	Or Rev Stat §§ 418.740 to 418.775. [Link to Chapter 418, scroll to sections.] Reporting Child Abuse in Oregon (private site) Oregon Dept. of Human Services: Child Abuse and Neglect Reports
Pennsylvania	Pa Stat Ann. tit 23, §§ 6301 to 6319. [Link to Chapter 63, scroll to sections.] Pennsylvania Dept. of Public Welfare: Child Abuse
Rhode Island	RI Gen Laws §§ 40-11-1 to 40-11-16 Reporting Child Abuse & Neglect - Maintained by Prevent Child Abuse Rhode Island
South Carolina	SC Code Ann §§ 20-7-480 to 20-7-560. Mandated reporters contained in Section 20-7-510. [Link to Chapter 7, scroll to applicable sections.] Link to Child Welfare Information Gateway site
South Dakota	SD Codified Laws Ann 26-8A-l, et seq. Link to Child Welfare Information Gateway site South Dakota DSS: Reporting Abuse
Tennessee	Tenn. Code Ann §§ 37-1-401 37-1-413 and 37-1-601 to 37-1-616 Link to Child Welfare Information Gateway site Child Abuse and Neglect Reporting - Department of Children's Services in Tennessee Reporting child abuse in Tennessee
Texas	Tex Fam Code Ann §§ 261.101, et seq. Link to Child Welfare Information Gateway site Texas Child Abuse Reporting Laws - City of Abilene Link to the Texas Department of Protective & Regulatory Services 2000 Child Abuse Prevention Kit, including Tips for People Who Work with Children and mandatory reporting.
Utah	Utah Code Ann §§ 62A-4a-403, et seq. [Link to Chapter index.] Child Abuse Reporting and Statutes - Utah State Attorney General
Vermont	Vt Stat Ann tit 33, §§ 4911 to 4919. Vermont is in the process of putting the code on line. Link to the index to check on status of Title 33. Reporting Child Abuse (DCF) Link to Child Welfare Information Gateway site
Virginia	Va Code Ann §§ 63.2-1508 to 1513 (definitions at § 63.2-100). Link to Child Welfare Information Gateway site Virginia Dept. of Social Services: Child Abuse & Neglect Prevent Child Abuse Virginia
Washington	Wash Rev Code Ann §§ 26.44.010-.140 Link to Child Welfare Information Gateway site Reporting Abuse and Neglect in Washington - Children's Trust Fund of Washington
West Virginia	W Va. Code §§ 49-6A-1 to 49-6A-10. Link to Child Welfare Information Gateway site Reporting Abuse and Neglect in West Virginia - Dept. of Children's Services
Wisconsin	Wis. Stat Ann § 48.981 Link to Child Welfare Information Gateway site Recognizing and Reporting Child Abuse and Neglect - Prevent Child Abuse Wisconsin Link to an article on clergy reporting by the Wisconsin Council of Churches.
Wyoming	Wyo. Stat §§ 14-3-201 to -215. [scroll to sections] Link to Child Welfare Information Gateway site Wyoming Child Protective Services Q&A. Understanding Child Abuse (and Reporting) in Wyoming - Published by Prevent Child Abuse Wyoming