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.
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
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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.
COPYRIGHT ©
1998-07 Susan K. Smith All Rights Reserved. Search
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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).
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Resulting in imminent risk of serious harm, death, serious
physical or emotional harm, sexual abuse, or exploitation
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Of a child (usually a person under the age of 18, but a
younger age may be specified in cases not involving sexual abuse)
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By a parent or caretaker who is responsible for the child's
welfare
Sexual abuse is defined as
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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
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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.
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Many states have modeled their laws after the Model Child
Protection Act.
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Every state has a
hotline for reporting abuse and
neglect.
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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.
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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. |
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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.
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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.
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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.
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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.
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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.
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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.
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Alabama
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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
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Alaska
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Alaska Stat.
§§ 47.17.010-.290.
Reporting child abuse in
Alaska (Alaska Dept. Health & Social Services)(PDF)
RID Alaska of Child Abuse >Public Information |
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Arizona
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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. |
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Arkansas
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Ark Stat Ann §§ 12-12-501, et seq.
Link to
National Clearinghouse Page.
Child Protective Services - Abuse & Neglect
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California
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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.
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Colorado
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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
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Connecticut
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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).
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Delaware
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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. |
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D.C.
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DC
Code Ann §§ 2-1351 to -1357
Link to
Child Welfare Information Gateway site
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Florida
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Fla
Stat Ann §§ 39.301-39.307
How to Report Child Abuse in Florida
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Georgia
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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. |
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Hawaii
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Haw Rev Stat §§ 350-1 to 350-5.
Link to
Child Welfare Information Gateway site
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Idaho
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Idaho Code §§ 16-1619,
et seq.
Reporting
in Idaho - Maintained by DHW
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Illinois
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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.)
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Indiana
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Ind Code Ann §§
31-33-5, et seq. Immunity provisions § 31-33-6.
Prevent Child
Abuse Indiana
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Iowa
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Iowa Code
Ann § 232.69, et seq.
Link to
Child Welfare Information Gateway site
Iowa Prevent Child Abuse
Iowa State University: Child Abuse Reporting
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Kansas
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Link to
Child Welfare Information Gateway site
A Guide to Reporting Abuse & Neglect in Kansas
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Kentucky
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Link to
Child Welfare Information Gateway site
Commonwealth
of Kentucky: Reporting Abuse and Neglect FAQ |
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Louisiana
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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
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Maine
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Me Rev Stat
Ann Tit 22 §§4011A, et seq
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Maryland
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Md Fam Law Code Ann §§ 5-701 to
-715.
Link to
Child Welfare Information Gateway site
Maryland Child Protective
Services Homepage
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Massachusetts
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Mass. Ann Laws ch 119, §§51A, 51B, 51C, 51D, 51E and 51F.
Link to
Child Welfare Information Gateway site
Prevent Child Abuse Massachusetts
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Michigan
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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. |
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Minn.
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Minn.
Stat Ann § 626.556
Reporting Child Abuse (City of Minneapolis) |
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Miss.
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Miss. Code Ann §§ 43-21-351 to
43-21-357. Link to
§43-21-353.
Mississippi DHS:
Recognizing and reporting child abuse
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Missouri
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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 |
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Montana
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Mont Code Ann §§ 41-3-201, et seq.
Link to
Child Welfare Information Gateway site
Montana DHHS: How to report in Montana
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Nebraska
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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 |
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Nevada
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Nev Rev Stat §§
432B.010 to 432B.390
Child Abuse Laws and Reporting - Clark County Publication
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New Hampshire
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NH Rev Stat Ann §§ 169-C:29 to
169-C:39.
Link to
Child Welfare Information Gateway site
Reporting Abuse and Neglect |
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New Jersey
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NJ Rev Stat Ann §§ 9:6-8.8, et
seq.
Link to
Child Welfare Information Gateway site
Reporting Abuse in New Jersey |
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New Mexico
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NM
Stat, Ann § 32A-4-3, et seq.
Link to
Child Welfare Information Gateway site
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New York
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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.
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North Carolina
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NC Gen Stat. §§ 7B-301, et
seq
Link to
Child Welfare Information Gateway site
Recognizing and
Reporting Abuse (NC) |
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North Dakota
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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
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Ohio
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Ohio
Rev Code § 2151.421.
Link to
Child Welfare Information Gateway site
Ohio State
University: Recognizing Abuse & Neglect
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Oklahoma
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Okla Stat Ann tit. 10 §§ 7103 Recognizing
and reporting child abuse from the Child Abuse Response & Evaluation Center,
Oklahoma City, OK |
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Oregon
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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
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Pennsylvania
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Pa Stat Ann. tit 23, §§ 6301
to 6319. [Link to Chapter 63,
scroll to sections.]
Pennsylvania
Dept. of Public Welfare: Child Abuse
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Rhode Island
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RI Gen Laws §§
40-11-1 to 40-11-16
Reporting Child Abuse & Neglect - Maintained by Prevent Child
Abuse Rhode Island
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South Carolina
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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
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South Dakota
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SD
Codified Laws Ann 26-8A-l, et seq.
Link to
Child Welfare Information Gateway site
South Dakota DSS: Reporting Abuse
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Tennessee
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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
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Texas
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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.
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Utah
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Utah Code Ann §§ 62A-4a-403, et
seq. [Link to Chapter index.]
Child Abuse
Reporting and Statutes - Utah State Attorney General |
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Vermont
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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 |
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Virginia
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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
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Washington
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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
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West Virginia
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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
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Wisconsin
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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.
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Wyoming
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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
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