Child Abuse and Neglect State Statutes Series

Reporting Procedures

Every State and the District of Columbia have statutes specifying procedures that a mandatory reporter must follow when making a report of child abuse or neglect. Reports typically include the name and address of the child and the child's parents or other persons responsible for the child's care, the child's age, the nature and extent of the child's injuries, and any other information relevant to the investigation.

In addition to procedures a mandatory reporter must follow, many statutes also specify procedures for cross-reporting among professional entities. Typically, reports are shared among social services agencies, law enforcement agencies and prosecutors' offices.

Some States also include specific reporting procedures for special situations. Several States have enacted reporting procedures to be followed in the event of a suspicious child death. In addition, a few States have enacted legislation regarding specific reporting procedures to be followed for drug-exposed infants.

Legislation Regarding Reporting Procedures

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ALABAMA

Ala. Code § 26-14-3(a)-(c) (Supp. 1997)

INDIVIDUAL RESPONSIBILITY

When the child is known or suspected to be a victim of child abuse or neglect, the mandated reporter shall be required to report or cause a report to be made of the same, orally, either by telephone or direct communication immediately, followed by a written report, to a duly constituted authority.4

LAW ENFORCEMENT RESPONSIBILITY

When an initial report is made to a law enforcement official, the official subsequently shall inform the Department of Human Resources of the report, so the department can carry out its responsibility to provide protective services, when deemed appropriate to the respective child or children.

DEPARTMENT RESPONSIBILITY

When the Department of Human Resources receives initial reports of suspected abuse or neglect involving discipline or corporal punishment committed in a public or private school or suspected abuse or neglect in a State-operated child residential facility, the Department of Human Resources shall transmit a copy of school reports to the law enforcement agency, and residential facility reports to the operating State agency which shall conduct the investigation.

Ala. Code § 26-14-5 (1992)

CONTENT OF REPORTS

The reports provided for in this chapter shall state, if known:

The written report shall also contain, if known:

Ala. Code § 26-14-7(a), (d) (1992)

DEPARTMENT RESPONSIBILITY

The State or County Department of Human Resources shall make a thorough investigation promptly upon either the oral or written report. The primary purpose of such an investigation shall be the protection of the child.

The county Department of Human Resources shall make a complete written report of the investigation, together with its recommendations. Such reports may be made available to:

The county Department of Human Resources shall make a written report or case summary, together with services offered and accepted to the State's central registry on forms supplied by the registry for that purpose.

ALASKA

Alaska Stat. § 47.17.020(a)-(c), (e)-(g) (Lexis, WESTLAW through 1999 1st Spec. Sess.)

INDIVIDUAL RESPONSIBILITY

Mandatory reporters who, in the performance of their occupational duties, have reasonable cause to suspect that a child has suffered harm as a result of child abuse or neglect, shall immediately report the harm to the nearest office of the Department of Health and Social Services.

This section does not prohibit the named persons from reporting cases that have come to their attention in their non-occupational capacities, nor does it prohibit any other person from reporting a child's harm that the person has reasonable cause to suspect is a result of child abuse or neglect. These reports shall be made to the nearest office of the Department of Health and Social Services.

If the person making a report of harm under this section cannot reasonably contact the nearest office of the Department of Health and Social Services and immediate action is necessary for the well-being of the child, the person shall make the report to a peace officer. The peace officer shall immediately take action to protect the child and shall, at the earliest opportunity, notify the nearest office of the Department.

DEPARTMENT RESPONSIBILITY

The Department of Health and Social Services shall immediately notify the nearest law enforcement agency if the Department:

LAW ENFORCEMENT RESPONSIBILITY

If a law enforcement agency determines that a child has been abused or neglected and that:

the law enforcement agency shall notify the chief administrative officer of the school or district in which the child is enrolled immediately after the agency determines that a child has been abused or neglected under the circumstances set out in this section, except that if the person about whom the report has been made is the chief administrative officer or a member of the chief administrative officer's immediate family, the law enforcement agency shall notify the commissioner of education and early development that the child has been abused or neglected under the circumstances set out in this section. The notification must set out the factual basis for the law enforcement agency's determination. If the notification involves a person in the teaching profession, the law enforcement agency shall send a copy of the notification to the Professional Teaching Practices Commission.

A person required to report child abuse or neglect who makes the report to the person's job supervisor or to another individual working for the entity that employs the person is not relieved of the obligation to make the report to the Department of Health and Social Services as required.

Alaska Stat. § 47.17.023 (Michie 1996)

INDIVIDUAL RESPONSIBILITY

A person who, in the course of processing or producing visual or printed matter, either privately or commercially, has reasonable cause to suspect that the matter visually depicts a child engaged in conduct of a sexually exploitative nature, shall immediately report this to the nearest law enforcement agency, and provide the law enforcement agency with all information known about the nature and origin of the matter.

Alaska Stat. § 47.17.025(a)-(b) (Michie 1996)

LAW ENFORCEMENT RESPONSIBILITY

A law enforcement agency shall immediately notify the Department of Health and Social Services of the receipt of a report of harm to a child from abuse. Upon receipt from any source of a report of harm to a child from abuse, the Department shall notify the Department of Law and investigate the report and, within 72 hours of the receipt of the report, shall provide a written report of its investigation of the harm to a child from abuse to the Department of Law for review.

CONTENT OF REPORTS

The report of harm to a child from abuse required from the Department by this section must include:

Alaska Stat. § 47.17.030(a)-(c), (f) (Lexis, WESTLAW through 1999 1st Spec. Sess.)

DEPARTMENT RESPONSIBILITY

If a child concerning whom a report of harm is made, is believed to reside within the boundaries of a local government exercising health functions for the area in which the child is believed to reside, the Department of Health and Social Services may, upon receipt of the report, refer the matter to the appropriate health or social services agency of that local government. For cases not referred to an agency of a local government, the Department shall, for each report received, investigate and take action, in accordance with law, that may be necessary to prevent further harm to the child or to ensure the proper care and protection of the child.

A local government health or social services agency receiving a report of harm shall, for each report received, investigate and take action, in accordance with law, that may be necessary to prevent further harm to the child or to ensure the proper care and protection of the child. In addition, the agency receiving a report of harm shall forward a copy of its report of the investigation, including information the Department of Health and Social Services requires by regulation, to the Department.

Action shall be taken regardless of whether the identity of the person making the report of harm is known.

If an investigation under this section shows reasonable cause to believe that a certified nurse aide has committed abuse, neglect, or misappropriation of property, the Department shall report the matter to the Board of Nursing.

ARIZONA

Ariz. Rev. Stat. Ann. § 13-3620(A), (E)-(F) (West Supp. 1998)

INDIVIDUAL RESPONSIBILITY

Any mandated reporter or any other person having responsibility for the care or treatment of children whose observation or examination of any minor discloses reasonable grounds to believe that a minor is or has been the victim of injury, sexual abuse, sexual conduct with a minor, sexual assault, molestation of a child, commercial sexual exploitation of a minor, sexual exploitation of a minor, incest or child prostitution, death, abuse, or physical neglect which appears to have been inflicted on that minor by other than accidental means or which is not explained by the available medical history as being accidental in nature or who has reasonable grounds to believe there has been a denial or deprivation of necessary medical treatment or surgical care or nourishment with the intent to cause or allow the death of an infant less than one year of age, shall immediately report or cause reports to be made of this information to a peace officer or to child protective services in the Department of Economic Security.

CONTENT OF REPORTS

Reports shall be made forthwith by telephone or in person forthwith and shall be followed by a written report within 72 hours. The reports shall contain:

PROFESSIONAL RESPONSIBILITY

When such telephone or in-person reports are received by the peace officer, they shall immediately notify child protective services in the Department of Economic Security and make the information available to them. Notwithstanding any other statute, when child protective services receives these reports by telephone or in person, it shall immediately notify a peace officer in the appropriate jurisdiction.

Any person required to receive reports pursuant to reporting procedures may take or cause to be taken photographs of the child and the vicinity involved. Medical examinations including, but not limited to, radiological examinations of the involved child may be performed.

 

ARKANSAS

Ark. Code § 12-12-507(a), (b), (d-h) (WESTLAW through Ark. 2001 Legis. Serv., Act 1210)

INDIVIDUAL RESPONSIBILITY

Any person with reasonable cause to suspect child maltreatment or that a child has died as a result of child maltreatment, or who observes a child being subjected to conditions or circumstances which would reasonably result in child maltreatment, may immediately notify the child abuse hotline.

When any mandated reporter has reasonable cause to suspect that a child has been subjected to child maltreatment, or that a child has died as a result of child maltreatment, or who observes the child being subjected to conditions or circumstances which would reasonably result in child maltreatment, he shall immediately notify the child abuse hotline.

DEPARTMENT RESPONSIBILITY

In the event that the child abuse hotline receives notification that a client or a resident of any facility licensed or registered by the State of Arkansas has been subjected to child maltreatment while at such facility, central intake shall immediately notify that facility's licensing or registering authority of its receipt of initial notification of suspected maltreatment.

When a person, agency, corporation, or partnership then providing substitute care for any child in the custody of the Department of Human Services or a Department employee or employee's spouse or other person residing in the home is reported as being suspected of child maltreatment, the investigation shall be conducted pursuant to procedures established by the Department. Such procedures shall include referral of allegations to the Department of Arkansas State Police or appropriate law enforcement agency should the allegation involve severe maltreatment.

The child abuse hotline shall accept a report when the allegations if true would constitute child maltreatment as defined in § 12-12-503 and as long as sufficient identifying information is provided to identify and locate the child or the family.

The child abuse hotline shall accept a report of physical abuse, ir any of the following intentional or knowing acts are alleged to occur, but the report shall not be determined to be true unless the child suffered an injury as a result of the act:

The child abuse hotline shall accept a report of physical abuse, if any of the following intentional or knowing acts are alleged to occur:

The child abuse hotline shall accept a report of physical abuse if a child suffers an injury as the result of a restraint. The report shall not be determined to be true if the injury is a minor temporary mark or causes transient pain and was an acceptable restraint as outlined in S 12-12-503(C)(i).

The child abuse hotline shall accept a report if the child or the child's family is present in Arkansas or the incident occurred in Arkansas.

If the child or the child's family resides in another State, the hotline shall screen out the report, transfer the report to the hotline of the State where the child or the child's family resides of the incident occurred, and send a copy to the appropriate investigating agency in Arkansas to initiate courtesy interviews.

If the incident occurred in Arkansas, and the victim, parents or offender no longer reside in Arkansas, the hotline shall accept the report and the Arkansas investigating agency shall contact the other State and request a courtesy interview with the out-of-state subject of the report.

The child abuse hotline shall accept telephone calls or other communications alleging that a child is dependent as defined by statute and shall immediately refer this information to the Department.

Ark. Code § 12-12-509(a) (WESTLAW through Ark. 2001 Legis. Serv., Act 1210)

DEPARTMENT RESPONSIBILITY

The Department of Human Services shall cause an investigation to be made upon receiving initial notification of suspected child maltreatment.

All investigations shall begin within 72 hours.

However, if the notice contains an allegation of severe maltreatment then the Department of Human Services shall immediately notify law enforcement, and the Department shall initiate an investigation in cooperation with law enforcement agencies and the prosecuting attorney within 24 hours.

The prosecuting attorney may provide written notice to the Department that the Department does not need to provide notification of the initial maltreatment report to the prosecuting attorney's office. Upon receiving notification, the Department shall not be required to provide notification of the initial maltreatment report to the prosecuting attorney's office.

Ark. Code § 12-12-515(a) (WESTLAW through Ark. 2001 Legis. Serv., Act 1210)

DEPARTMENT RESPONSIBILITY

If the person or agency making the initial notification of suspected child maltreatment is a mandated reporter, the Department of Human Services, within 10 business days of the child maltreatment investigative determination, shall provide to the person the following information:

The Department shall provide the local educational agency, specifically to the school counselor where the maltreated child, including the name and relationship of the offender to the maltreated child, attends school, a report indicating the Department's founded investigative determination regarding the child and the services offered or provided by the Department to the child.

The Department shall also provide the local educational agency, specifically the school counselor, a report indicating the Department's founded investigative determination on any juvenile who is named as the offender in a true report, and the services offered or provided by the Department to the juvenile offender.

Any local educational agency receiving such information from the Department shall make this information, if it is a true report, a part of the child's permanent educational record and shall treat such information as educational records are treated under the Family Educational Rights and Privacy Act.

 

CALIFORNIA

Cal. Penal Code § 11166 (a), (d)-(i) (West, WESTLAW through 2002 Reg. Sess. & 3rd Ex. Sess.)

INDIVIDUAL RESPONSIBILITY

Except as provided below, a mandated reporter shall make a report to an agency whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. The mandated reporter shall make a report to the agency immediately or as soon as is practicably possible by telephone, and the mandated reporter shall prepare and send a written report thereof within 36 hours of receiving the information concerning the incident.

Any commercial film and photographic print processor who has knowledge of or observes, within the scope of his or her professional capacity or employment, any film, photograph, videotape, negative, or slide depicting a child under the age of 16 years engaged in an act of sexual conduct, shall report the instance of suspected child abuse to the law enforcement agency having jurisdiction over the case immediately, or as soon as practically possible, by telephone, and shall prepare and send a written report of it with a copy of the film, photograph, videotape, negative, or slide attached within 36 hours of receiving the information concerning the incident. As used in this subdivision, "sexual conduct" means any of the following:

Any other person who has knowledge of or observes a child whom he or she knows or reasonably suspects has been a victim of child abuse or neglect may report the known or suspected instance of child abuse or neglect to a child protection agency.

When two or more persons, who are required to report, jointly have knowledge of a known or suspected instance of child abuse or neglect, and when there is agreement among them, the telephone report may be made by a member of the team selected by mutual agreement and a single report may be made and signed by the selected member of the reporting team. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report.

The reporting duties under this section are individual, and no supervisor or administrator may impede or inhibit the reporting duties, and no person making a report shall be subject to any sanction for making the report. However, internal procedures to facilitate reporting and apprise supervisors and administrators of reports may be established provided that they are not inconsistent with this article. The internal procedures shall not require any employee required to make reports pursuant to this article to disclose his or her identity to the employer. Reporting the information regarding a case of possible child abuse or neglect to an employer, supervisor, school principal, school counselor, co-worker, or other person shall not be a substitute for making a mandated report to an agency.

DEPARTMENT RESPONSIBILITY

A county probation or welfare department shall immediately, or as soon as practically possible, report by telephone, fax, or electronically transmit to the law enforcement agency having jurisdiction over the case, to the agency given the responsibility for investigation of cases, and to the district attorney's office every known or suspected instance of child abuse or neglect, except reports made based on risk to a child which relates solely to the inability of the parent to provide the child with regular care due to the parent's substance abuse, which shall be reported only to the county welfare or probation department. A county probation or welfare department also shall send, fax, or electronically transmit a written report thereof within 36 hours of receiving the information concerning the incident to any agency to which it is required to make a telephone report under this subdivision.

LAW ENFORCEMENT RESPONSIBILITY

A law enforcement agency shall immediately, or as soon as practically possible, report by telephone to the agency given responsibility for investigation of cases and to the district attorney's office every known or suspected instance of child abuse or neglect reported to it, except acts or omissions coming within subdivision (b) of Section 11165.2, which shall be reported only to the county welfare or probation department. A law enforcement agency shall report to the county welfare or probation department every known or suspected instance of child abuse or neglect reported to it which is alleged to have occurred as a result of the action of a person responsible for the child's welfare, or as the result of the failure of a person responsible for the child's welfare to adequately protect the minor from abuse when the person responsible for the child's welfare knew or reasonably should have known that the minor was in danger of abuse. A law enforcement agency also shall send, fax, or electronically transmit a written report thereof within 36 hours of receiving the information concerning the incident to any agency to which it is required to make a telephone report under this subdivision.

Cal. Penal Code § 11166.1 (West, WESTLAW through 2002 Reg. Sess. & 3rd Ex. Sess.)

AGENCY RESPONSIBILITY

When an agency receives a report that contains either of the following, it shall, within 24 hours, notify the licensing office with jurisdiction over the facility:

The agency shall send the licensing agency a copy of its investigation and any other pertinent materials.

Any employee of an agency specified in Section 11165.9 who has knowledge of, or observes in his or her professional capacity or within the scope of his or her employment, a child in protective custody whom he or she knows or reasonably suspects has been the victim of child abuse shall, within 36 hours, send or have sent to the attorney who represents the child in dependency court, a copy of the suspected child abuse and neglect report prepared for the court. The child protective agency shall maintain a copy of the written report. All information requested by the attorney for the child or the child's guardian ad litem shall be provided by the child protective agency within 30 days of the request.

Cal. Penal Code § 11166.2 (West, WESTLAW through 2002 Reg. Sess. & 3rd Ex. Sess.)

AGENCY RESPONSIBILITY

In addition to the reports required under Section 11166, any agency specified in Section 11165.9 shall immediately, or as soon as practically possible, report by telephone to the appropriate licensing agency every known or suspected instance of child abuse when the instance of abuse occurs while the child is being cared for in a child day care facility, involves a child day care licensed staff person, or occurs while the child is under the supervision of a community care facility or involves a community care facility licensee or staff person. A child protective agency shall also send a written report thereof within 36 hours of receiving the information concerning the incident to any agency to which it is required to make a telephone report under the reporting laws. The agency shall send the licensing agency a copy of its investigation report and any other pertinent materials.

Cal. Penal Code § 11167(a)-(c), (e) (West, WESTLAW through 2002 Reg. Sess. & 3rd Ex. Sess.)

CONTENT OF REPORTS

Reports of suspected child abuse or neglect shall include, if known:

The mandated reporter shall make a report even if some of this information is not known or is uncertain to him or her.

AGENCY RESPONSIBILITY

Information relevant to the incident of child abuse or neglect may also be given to an investigator from an agency that is investigating the known or suspected case of child abuse or neglect.

Information relevant to the incident of child abuse or neglect, including the investigation report and other pertinent materials, may be given to the licensing agency when it is investigating a known or suspected case of child abuse or neglect.

Persons who may report pursuant the reporting laws are not required to include their names.

Cal. Penal Code § 11168 (West, WESTLAW through 2002 Reg. Sess. & 3rd Ex. Sess.)

CONTENT OF REPORTS

The written reports required by the reporting laws shall be submitted on forms adopted by the Department of Justice after consultation with representatives of the various professional medical associations and hospital associations and county probation or welfare departments. Such forms shall be distributed by the agencies specified in Section 11165.9.

COLORADO

Colo. Rev. Stat. Ann. § 19-3-304(1), (2.5) (West, WESTLAW through End of 2001 1st Reg. Sess.)

INDIVIDUAL RESPONSIBILITY

Except as otherwise provided by statute, any mandated reporter who has reasonable cause to know or suspect that a child has been subjected to abuse or neglect or who has observed the child being subjected to circumstances or conditions which would reasonably result in abuse or neglect shall immediately report or cause a report to be made of such fact to the county Department of Social Services or local law enforcement agency.

Any commercial film and photographic print processor who has knowledge of or observes, within the scope of his or her professional capacity or employment, any film, photograph, video tape, negative, or slide depicting a child engaged in an act of sexual conduct shall report such fact to a local law enforcement agency immediately or as soon as practically possible by telephone and shall prepare and send a written report of it with a copy of the film, photograph, video tape, negative, or slide attached within 36 hours of receiving the information concerning the incident.

Colo. Rev. Stat. Ann. § 19-3-307(1)-(3) (West, WESTLAW through End of 2001 1st Reg. Sess.)

DEPARTMENT RESPONSIBILITY

Reports of known or suspected child abuse or neglect made pursuant to this article shall be made immediately to the county Department of Social Services or the local law enforcement agency and shall be followed promptly by a written report prepared by those persons required to report. The county Department of Social Services shall forward a copy of its own report of confirmed child abuse or neglect within 60 days of receipt of the report to the central registry on forms supplied by the State Department of Human Services.

CONTENT OF REPORTS

Such reports, when possible, shall include the following information:

Notwithstanding the requirements set forth in the subsection above, any officer or employee of a local Department of Health or State Department of Public Health and Environment who makes a report pursuant to the reporting laws shall include only the information described in such laws.

A copy of the report of known or suspected child abuse or neglect shall be transmitted immediately by the county Department of Social Services to the district attorney's office and to the local law enforcement agency.

When the county Department of Social Services reasonably believes a criminal act of abuse or neglect of a child in foster care has occurred, the county Department shall transmit immediately a copy of the written report prepared by the county Department to the district attorney's office and to the local law enforcement agency.

Colo. Rev. Stat. Ann. § 19-3-308(1)(a), (1.5), (4), (5) (West, WESTLAW through End of 2001 1st Reg. Sess.)

DEPARTMENT RESPONSIBILITY

The county Department of Social Services shall respond immediately upon receipt of any report of a known or suspected incident of intrafamilial abuse or neglect to assess the abuse involved and the appropriate response to the report. The assessment shall be in accordance with rules adopted by the State Board of Social Services to determine the risk of harm to such child and the appropriate response to such risks. Appropriate responses shall include, but are not limited to, screening reports that do not require further investigation, providing appropriate intervention services, pursuing reports that require further investigation, and conducting immediate investigations. The immediate concern of any assessment or investigation shall be the protection of the child, and, where possible, the preservation of the family unit.

Upon referral to the county department, the county department shall assess the possibility of abuse or neglect.

If, during the investigation and assessment process, the county department determines that the family's issues may be attributable to the child's mental health status, rather than dependency or neglect issues, and that mental health treatment services may be more appropriate, the county department shall contact the mental health agency. Within ten days after the commencement of the investigation, the county department shall meet with a representative from the mental health agency and the family. The county department, in conjunction with the mental health agency, shall jointly determine whether mental health services should be provided, or whether the provision of services through the county department is more appropriate.

The county Department of Social Services shall be the agency responsible for the coordination of all investigations of all reports of known or suspected incidents of intrafamilial abuse or neglect. The county Department shall arrange for such investigations to be conducted by persons trained to conduct either the complete investigation or such parts thereof as may be assigned. The county Department shall conduct the investigation in conjunction with the local law enforcement agency, to the extent a joint investigation is possible and deemed appropriate, and any other appropriate agency. The county Department may arrange for the initial investigation to be conducted by another agency with personnel having appropriate training and skill. The county Department shall provide for persons to be continuously available to respond to such reports. Contiguous counties may cooperate to fulfill the requirements of this subsection. The county Department or other agency authorized to conduct the investigation, for the purpose of such investigation, shall have access to the state central registry of child protection under the name of the child or suspected perpetrator.

Upon the receipt of a report, if the county Department of Social Services reasonably believes that an incident of intrafamilial abuse or neglect has occurred, it shall immediately offer social services to the child who is the subject of the report and his family and may file a petition in the juvenile court or the district court with juvenile jurisdiction on behalf of such child. If, before the investigation is completed, the opinion of the investigators is that assistance of the local law enforcement agency is necessary for the protection of the child or other children under the same care, the local law enforcement agency shall be notified. If immediate removal is necessary to protect the child or other children under the same care from further abuse, the child or children may be placed in protective custody in accordance with statute.

LAW ENFORCEMENT RESPONSIBILITY

If a local law enforcement agency receives a report of a known or suspected incident of intrafamilial abuse or neglect, it shall forthwith attempt to contact the county Department of Social Services in order to refer the case for investigation. If the local law enforcement agency is unable to contact the county department, it shall forthwith make a complete investigation and may institute appropriate legal proceedings on behalf of the subject child or other children under the same care. As a part of an investigation pursuant to this subsection, the local law enforcement agency shall have access to the State central registry of child protection for information under the name of the child or the suspected perpetrator. The local law enforcement agency, upon the receipt of a report and upon completion of any investigation it may undertake, shall forthwith forward a summary of the investigatory data plus all relevant documents to the county Department of Social Services.

 

CONNECTICUT

Conn. Gen. Stat. Ann. § 17a-101a (West 1998)

INDIVIDUAL RESPONSIBILITY

Any mandated reporter who in his professional capacity has reasonable cause to suspect or believe that any child under the age of 18 years:

shall report or cause a report to be made in accordance with reporting procedures.

Conn. Gen. Stat. Ann. § 17a-101b(a), (c)-(d) (West 1998)

INDIVIDUAL RESPONSIBILITY

An oral report shall be made by a mandated reporter within 24 hours of having reasonable cause to suspect or believe that a child has been abused or neglected by telephone or in person to the Commissioner of Children and Families or a law enforcement agency. If a law enforcement agency receives an oral report it shall immediately notify the Commissioner of Children and Families.

When a mandated reporter has reasonable cause to suspect or believe that any child has been abused or neglected by a member of the staff of a public or private institution or facility that provides care for such child or public or private school, he shall report as required and shall also notify the person in charge of such institution, school or facility or the person's designee. Such person in charge or his designee shall then immediately notify the child's parent or other person responsible for the child's care that a report has been made.

DEPARTMENT RESPONSIBILITY

If the Commissioner or his designee receives a report alleging sexual abuse or serious physical abuse including but not limited to a report that a child:

he shall, within 24 hours of receipt of such report notify the appropriate law enforcement agency.

Conn. Gen. Stat. Ann. § 17a-101c (West 1998)

INSTITUTIONAL RESPONSIBILITY

Within 48 hours of making an oral report, a mandated reporter shall submit a written report to the Commissioner or his representative. When a mandated reporter is a member of the staff of a public or private institution or facility that provides care for such child or public or private school he shall also submit a copy of the written report to the person in charge of such institution, school or facility or the person's designee.

In the case of a report concerning a certified school employee, a copy of the written report shall also be sent by the person in charge of such institution, school or facility to the Commissioner or his representative. In the case of an employee of a facility or institution that provides care for a child, which is licensed by the State, a copy of the written report shall also be sent by the mandated reporter to the executive head of the State licensing agency.

Conn. Gen. Stat. Ann. § 17a-101d (West 1998)

CONTENT OF REPORTS

All oral and written reports shall contain, if known:

Conn. Gen. Stat. Ann. § 17a-103(a) (West 1998)

DEPARTMENT RESPONSIBILITY

The Commissioner or his representative shall use his best efforts to obtain the name and address of a person who causes a report to be made. In the case of an oral report, such report shall be recorded on tape and the Commissioner or his representative shall announce to the person making such report that such report is being recorded and shall state the penalty for knowingly making a false report of child abuse or neglect.

 

DELAWARE

INDIVIDUAL RESPONSIBILITY

Del. Code Ann. tit. 16, § 904 (1995)

Any report required to be made under this chapter shall be made to the Division of Child Protective Services of the Department of Services for Children, Youth and Their Families. An immediate oral report shall be made by telephone or otherwise. Reports and the contents thereof including a written report, if requested, shall be made in accordance with the rules and regulations of the Division of Child Protective Services, or in accordance with the rules and regulations adopted by the Division.

DEPARTMENT RESPONSIBILITY

Del. Code Ann. tit. 16, § 905(a), (c), (d) (Supp. 1998)

The Division of Child Protective Services shall establish and maintain a 24-hour statewide toll-free telephone report line operating at all times and capable of receiving reports of alleged abuse and neglect from mandated reporters or from the public at large.

Although reports may be made anonymously, the Division shall in all cases, after obtaining relevant information regarding alleged abuse or neglect, request the name and address of any person making a report.

Upon receipt of a report, the Division shall immediately communicate such report to its appropriate Division staff, after a check has been made with the information system to determine whether previous reports have been made regarding actual or suspected abuse or neglect of the subject child, or any reports regarding any siblings, family members or the alleged perpetrator, and such information as may be contained from such previous reports. Such relevant information as may be contained in the information system shall also be forwarded to the appropriate Division staff.

Del. Code Ann. tit. 16, § 906(a), (b)(1)-(4), (13), (15) (WESTLAW through 1999 1st Spec. Sess.)

The child protection system shall seek to promote the safety of children and the integrity and preservation of their families by conducting investigations and/or family assessments in response to reports of child abuse or neglect. The system shall endeavor to coordinate community resources and provide assistance or services to children and families identified to be at risk, and to prevent and remedy child abuse and neglect.

In implementing the child protection system, the Division shall:

LAW ENFORCEMENT RESPONSIBILITY

The Division staff shall also contact the appropriate law enforcement agency upon receipt of any report requiring an investigation under this section and shall provide such agency with a detailed description of the report received. The appropriate law enforcement agency shall assist the Division in the investigation or provide the Division, within a reasonable time, an explanation detailing the reasons why it is unable to assist. Notwithstanding any provision of the Delaware code to the contrary, to the extent the law enforcement agency with jurisdiction over the case is unable to assist, the Division may request that the Delaware State Police exercise jurisdiction over the case and upon such request the Delaware State Police may exercise such jurisdiction.

The assisting law enforcement agency shall promptly conduct its own criminal investigation, and keep the Division regularly apprised of the status and findings of its investigation. Law enforcement agencies and the Division shall develop protocols to ensure compliance with this subsection.

DISTRICT OF COLUMBIA

D.C. Code Ann. § 4-1321.02 (WESTLAW through 10-2-01)

INDIVIDUAL RESPONSIBILITY

Any mandated reporter who knows or has reasonable cause to suspect that a child known to him or her in his or her professional or official capacity has been or is in immediate danger of being a mentally or physically abused or neglected child shall immediately report or have a report made of such knowledge or suspicion to either the Metropolitan Police Department or the Child Protective Services Division of the Department of Human Services.

Whenever a mandated reporter is required to report in his or her capacity as a member of the staff of a hospital, school, social agency or similar institution, he or she shall immediately notify the person in charge of the institution or his or her designated agent who shall then be required to make the report. The fact that such notification has been made does not relieve the person who was originally required to report from his or her duty of having the report made promptly to the Metropolitan Police Department or the Child Protective Services Division.

In addition to those persons who are required to report, any other person may make a report to the Metropolitan Police Department or the Child Protective Services Division.

LAW ENFORCEMENT RESPONSIBILITY

In addition to the requirements above, any mental health professional, or a law enforcement officer, except an undercover officer whose identity or investigation might be jeopardized, shall report immediately, in writing, to the Child Protective Services Division that the law enforcement officer or health professional has reasonable cause to believe that a child is abused as a result of inadequate care, control, or subsistence in the home environment due to exposure to drug-related activity.

D.C. Code Ann. § 4-1321.03 (WESTLAW through 10-2-01)

CONTENT OF REPORTS

Each person required to make a report of a known or suspected neglected child shall:

The report shall include, but need not be limited to, the following information, if it is known to the person making the report:

FLORIDA

Fla. Stat. Ann. § 39.201(2)(a), (c), (d), (f), (5) (West, WESTLAW through End of 2001 1st Reg. Sess.)

INDIVIDUAL RESPONSIBILITY

Each report of known or suspected child abuse, abandonment, or neglect shall be made immediately to the department's central abuse hotline on the single statewide toll-free telephone number, and, if the report is of an instance of known or suspected child abuse by a noncaretaker, the call shall be immediately electronically transferred to the appropriate county sheriff's office by the central abuse hotline. If the report is an instance of known or suspected child abuse involving impregnation of a child under 16 years of age by a person 21 years of age or older, the report shall be made immediately to the appropriate county sheriff's office or other appropriate law enforcement agency.

Mandatory reporters are required to provide their names to the hotline staff. The names of reporters shall be entered into the record of the report, but shall be held confidential.

Reports involving known or suspected institutional child abuse or neglect shall be made and received in the same manner as all other reports made pursuant to this section.

DEPARTMENT RESPONSIBILITY

Reports involving abandoned newborn infants as described in s. 383.50 shall be made and received by the Department.

The Department of Children and Family Services shall be capable of receiving and investigating reports of known or suspected child abuse, abandonment, or neglect 24 hours a day, 7 days a week. If it appears that the immediate safety or well-being of a child is endangered, that the family may flee or the child will be unavailable for purposes of conducting a child protective investigation, or that the facts otherwise so warrant, the Department shall commence an investigation immediately, regardless of the time of day or night. In all other child abuse, abandonment, or neglect cases, a child protective investigation shall be commenced within 24 hours after receipt of the report.

Fla. Stat. Ann. § 39.301(2)(a), (2)(c) (West, WESTLAW through End of 2001 1st Reg. Sess.)

The Department shall immediately forward allegations of criminal conduct to the municipal or county law enforcement agency of the municipality or county in which the alleged conduct has occurred.

Upon receiving a written report of an allegation of criminal conduct from the Department, the law enforcement agency shall review the information in the written report to determine whether a criminal investigation is warranted. If the law enforcement agency accepts the case for investigation, it shall coordinate its investigative activities with the Department, whenever feasible. If the law enforcement agency does not accept the case for criminal investigation, the agency shall notify the Department in writing.

GEORGIA

Ga. Code Ann. § 19-7-5(c), (d), (e) (WESTLAW through 2000 Gen. Assem.)

INDIVIDUAL RESPONSIBILITY

Any mandated reporter having reasonable cause to believe that a child has been abused shall report or cause reports of that abuse to be made as provided by statute.

If a person is required to report abuse pursuant to the reporting laws because that person attends to a child pursuant to such person's duties as a member of the staff of a hospital, school, social agency, or similar facility, that person shall notify the person in charge of the facility, or the designated delegate thereof, and the person so notified shall report or cause a report to be made in accordance with the statute. A staff member who makes a report to the person designated pursuant to this paragraph shall be deemed to have fully complied with this subsection.

Any other person, other than any specified mandatory reporters, who has reasonable cause to believe that a child is abused may report or cause reports to be made.

An oral report shall be made as soon as possible by telephone or otherwise and followed by a report in writing, if requested, to a child welfare agency providing protective services, as designated by the Department of Human Resources, or, in the absence of such agency, to an appropriate police authority or district attorney.

DEPARTMENT RESPONSIBILITY

If a report of child abuse is made to the child welfare agency or independently discovered by the agency, and the agency has reasonable cause to believe such report is true or the report contains any allegation or evidence of child abuse, then the agency shall immediately notify the appropriate police authority or district attorney.

CONTENT OF REPORTS

Such reports shall contain the names and addresses of the child and the child's parents or caretakers, if known, the child's age, the nature and extent of the child's injuries, including any evidence of previous injuries, and any other information that the reporting person believes might be helpful in establishing the cause of the injuries and the identity of the perpetrator.

Photographs of the child's injuries to be used as documentation in support of allegations by hospital staff, physicians, law enforcement personnel, school officials, or staff of legally mandated public or private child protective agencies may be taken without the permission of the child's parent or guardian; provided, however, that any photograph taken pursuant to this Code section shall, if reasonably possible, be taken in a manner which shall not reveal the identity of the subject. Such photograph shall be made available as soon as possible to the chief welfare agency providing protective services and to the appropriate police authority.

Ga. Code Ann. § 16-12-100(c) (Supp. 1998)

INDIVIDUAL RESPONSIBILITY

A person who, in the course of processing or producing visual or printed matter either privately or commercially, has reasonable cause to believe that the visual or printed matter submitted for processing or producing depicts a minor engaged in sexually explicit conduct shall immediately report such incident, or cause a report to be made, to the Georgia Bureau of Investigation or the law enforcement agency for the county in which such matter is submitted.

 

HAWAII

Haw. Rev. Stat. § 350-1.1(a)-(d) (WESTLAW through 2001 3rd Sp. Sess.)

INDIVIDUAL RESPONSIBILITY

Notwithstanding any other State law concerning confidentiality to the contrary, mandated reporters who, in their professional or official capacity, have reason to believe that child abuse or neglect has occurred or that there exists a substantial risk that child abuse or neglect may occur in the reasonably foreseeable future, shall immediately report the matter orally to the Department of Human Services or to the police department.

Whenever a person designated as a mandated reporter is a member of the staff of any public or private school, agency, or institution, that staff member shall immediately notify the person in charge, or a designated delegate, who shall immediately report, or cause reports to be made, in accordance with the reporting laws.

Any mandated reporter shall, upon demand of the Department of Human Services or any police department, provide all information related to the alleged incident of child abuse or neglect, including, but not limited to, medical records and medical reports, which was not included in the written report.

LAW ENFORCEMENT RESPONSIBILITY

If a police department is the initiating agency, a written report shall be filed with the Department of Human Services for cases that the police take further action on or for active cases in the Department under this chapter.

CONTENT OF REPORTS

The initial oral report shall be followed as soon as possible by a report in writing to the Department.

All written reports shall contain, if known:

This subsection shall not be construed to serve as a cause of action against the Department or the police.

Haw. Rev. Stat. § 350-2(a)-(c) (WESTLAW through 1999 Reg. Sess.)

DEPARTMENT RESPONSIBILITY

Upon receiving a report concerning child abuse or neglect, the Department of Human Services shall initiate an investigation pursuant to statute and Department rules.

The Department shall inform the appropriate police department of all reports received by the Department regarding a case of child abuse or neglect, including reports received under § 350-1.1, provided that the name of the person who reported the case of child abuse or neglect shall be released to the police department pursuant only to court order or the person's consent.

The Department of Human Services shall inform the appropriate police department or office of the prosecuting attorney of the relevant information concerning a case of child abuse or neglect when such information is required by the police department or the office of the prosecuting attorney for the investigation of that case; provided the name of the person who reported the case of child abuse or neglect shall only be released to a police department or an office of the prosecuting attorney pursuant to court order or the person's consent.

 

IDAHO

Idaho Code § 16-1619(a) (Supp. 1998)

INDIVIDUAL RESPONSIBILITY

Any mandated reporter having reason to believe that a child under the age of 18 years has been abused, abandoned or neglected or who observes the child being subjected to conditions or circumstances which would reasonably result in abuse, abandonment or neglect, shall report or cause to be reported within 24 hours such conditions or circumstances to the proper law enforcement agency or the Department of Health and Welfare.

PROFESSIONAL RESPONSIBILITY

The Department of Health and Welfare shall be informed by law enforcement of any report made directly to it.

When the attendance of a physician, resident, intern, nurse, day care worker, or social worker is pursuant to the performance of services as a member of the staff of a hospital or similar institution, he shall notify the person in charge of the institution or his designated delegate who shall make the necessary reports.

 

ILLINOIS

325 Ill. Comp. Stat. Ann. 5/4 (West, WESTLAW through Ill. 2001 Legis. Serv., P.A. 92-16)

INDIVIDUAL RESPONSIBILITY

Any mandated reporter having reasonable cause to believe a child known to them in their professional or official capacity may be an abused child or a neglected child shall immediately report or cause a report to be made to the Department of Children and Family Services.

Whenever such person is required to report under the reporting laws in his capacity as a member of the staff of a medical or other public or private institution, school, facility or agency, he shall make report immediately to the Department of Children and Family Services in accordance with the law and may also notify the person in charge of such institution, school, facility or agency or his designated agent that such report has been made. Under no circumstances shall any person in charge of such institution, school, facility or agency, or his designated agent to whom such notification has been made, exercise any control, restraint, modification or other change in the report or the forwarding of such report to the Department.

In addition to the above persons required to report suspected cases of abused or neglected children, any other person may make a report if such person has reasonable cause to believe a child may be an abused child or a neglected child.

325 Ill. Comp. Stat. Ann. 5/7 (West Supp. 1998)

INDIVIDUAL RESPONSIBILITY

All reports of suspected child abuse or neglect made under the reporting laws shall be made immediately by telephone to the central register on the single, statewide, toll-free telephone number, or in person or by telephone through the nearest Department of Children and Family Services office.

All reports by mandated reporters shall be confirmed in writing to the appropriate Child Protective Service Unit, which may be on forms supplied by the Department of Children and Family Services within 48 hours of any initial report. Written confirmation reports from persons not required to report by the reporting laws may be made to the appropriate Child Protective Service Unit.

Written reports from mandated reporters shall be admissible in evidence in any judicial proceeding relating to child abuse or neglect. Reports involving known or suspected child abuse or neglect in public or private residential agencies or institutions shall be made and received in the same manner as all other reports made under the reporting laws.

DEPARTMENT RESPONSIBILITY

The Department of Children and Family Services shall, in cooperation with school officials, distribute appropriate materials in school buildings listing the toll-free telephone number, including methods of making a report under the reporting laws.

Reports made to the central register through the statewide, toll-free telephone number shall be immediately transmitted to the appropriate Child Protective Service Unit. The Department of Children and Family Services shall, within 24 hours, orally notify local law enforcement personnel and the office of the State's Attorney of the involved county of the receipt of any report alleging the death of a child, serious injury to a child including, but not limited to, brain damage, skull fractures, subdural hematomas, and, internal injuries, torture of a child, malnutrition of a child, and sexual abuse to a child, including, but not limited to, sexual intercourse, sexual exploitation, sexual molestation, and sexually transmitted disease in a child age 12 and under.

All oral reports made by the Department of Children and Family Services to local law enforcement personnel and the office of the State's Attorney of the involved county shall be confirmed in writing within 48 hours of the oral report.

CONTENT OF REPORTS

The report required by this Act shall include, if known:

325 Ill. Comp. Stat. Ann. 5/7.6 (West 1993)

DEPARTMENT RESPONSIBILITY

There shall be a single statewide, toll-free telephone number established and maintained by the Department of Children and Family Services which all persons, whether or not mandated by law, may use to report suspected child abuse or neglect at any hour of the day or night, on any day of the week. Immediately upon receipt of such reports, the Department shall transmit the contents of the report, either orally or electronically, to the appropriate Child Protective Service Unit. Any other person may use the statewide number to obtain assistance or information concerning the handling of child abuse and neglect cases.

325 Ill. Comp. Stat. Ann. 5/7.9 (West, WESTLAW through Ill. 2001 Legis. Serv., P.A. 92-295)

DEPARTMENT RESPONSIBILITY

The Department of Children and Family Services shall prepare, print, and distribute initial, preliminary, and final reporting forms to each Child Protective Service Unit.

CONTENT OF REPORTS

Initial written reports from the reporting source shall contain the following information to the extent known at the time the report is made:

 

INDIANA

Ind. Code Ann. §§ 31-33-5-1 through 31-33-5-4 (Michie 1997)

INDIVIDUAL RESPONSIBILITY

In addition to any other duty to report arising under the reporting law, any individual who has reason to believe that a child is a victim of child abuse or neglect shall make a report as required by statute.

If an individual is required to make a report under the reporting law in the individual's capacity as a member of the staff of a medical or other public or private institution, school, facility, or agency, the individual shall immediately notify the individual in charge of the institution, school, facility or agency or the designated agent of the individual in charge.

An individual so notified shall report or cause a report to be made.

This provision does not relieve an individual of the obligation to report on his own behalf, unless a report has already been made to the best of the individual's belief.

A person who has a duty to report under the reporting law that a child may be a victim of child abuse or neglect shall immediately make an oral report to:

DEPARTMENT RESPONSIBILITY

Ind. Code Ann. §§ 31-33-7-4(a); 31-33-7-5 (Michie 1997)

The local child protection service shall make a written report of a child who may be a victim of child abuse or neglect no later than 48 hours after receipt of the oral report required of individuals.

A copy of the local child protection service shall immediately be made available to:

Ind. Code Ann. § 31-33-7-8 (Michie 1997)

This section applies if the local child protection service receives a report of suspected child abuse or neglect from a hospital, a community health center, a managed care provider, a referring physician, a dentist, a licensed psychologist, or a school. No later than 30 days after the date a local child protection service receives a report of suspected child abuse from a person or entity described above, the child protection service shall send a report to:

The report must contain the items listed below that are known at the time the report is sent.

No later than 90 days after the date a local child protection service receives a report, the service shall send a report that contains any additional information that was not covered in the prior report.

A report made by the local child protection service under this section must contain the following information:

CONTENT OF REPORTS

Ind. Code Ann. § 31-33-7-4(b) (Michie 1997)

Written reports must be made on forms supplied by the administrator, and include, if known, the following information:

LAW ENFORCEMENT RESPONSIBILITY

Ind. Code Ann. § 31-33-7-7 (Michie 1997)

When a law enforcement agency receives an initial report under the reporting law that a child may be a victim of child abuse or neglect, the law enforcement agency shall:

In all cases, the law enforcement agency shall forward any information, including copies of investigation reports, on incidents of cases in which a child may be a victim of child abuse or neglect, whether or not obtained under the reporting laws, to the local child protection agency and the juvenile court.

 

IOWA

Iowa Code Ann. § 232.69(1) (West, WESTLAW through Iowa 2001 Legis. Serv., Ch. 122)

INDIVIDUAL RESPONSIBILITY

The classes of persons mandated to report shall make a report within 24 hours and as provided below of cases of child abuse. In addition, mandated reporters shall make a report of abuse of a child who is under 12 years of age and may make a report of a child who is 12 years of age or older, which would be defined as child abuse under § 232.68, except that the abuse resulted from the acts or omissions of a person other than a person responsible for the care of the child.

Iowa Code Ann. § 232.70 (West, WESTLAW through Iowa 2001 Legis. Serv., Ch. 122)

INDIVIDUAL RESPONSIBILITY

Each report made by a mandatory reporter shall be made both orally and in writing. Each report made by a permissive reporter may be oral, written or both.

The employer or supervisor of a person who is a mandatory or permissive reporter shall not apply a policy, work rule, or other requirement that interferes with the person making a report of child abuse.

The oral report shall be made by telephone or otherwise to the Department of Human Services.

If the person making the report has reason to believe that immediate protection for the child is advisable, that person shall also make an oral report to an appropriate law enforcement agency.

The written report shall be made to the Department of Human Services within 48 hours after such oral report.

A report made by a permissive reporter shall be regarded as a report pursuant to this chapter whether or not the report contains all of the information required by this section and may be made to the Department of Human Services, county attorney, or law enforcement agency.

Within 24 hours of receiving a report from a mandatory or permissive reporter, the Department shall inform the reporter, orally or by other appropriate means, whether or not the department has commenced an assessment of the allegation in the report.

DEPARTMENT RESPONSIBILITY

Upon receipt of a report, the Department shall do the following:

If the report is made to any agency other than the Department of Human Services, such agency shall promptly refer the report to the Department of Human Services.

If a report would be determined to constitute an allegation of child abuse relating to a sexual offense with or to a child, except that the suspected abuse resulted from the acts or omissions of a person other than a person responsible for the care of the child, the Department shall refer the report to the appropriate law enforcement agency having jurisdiction to investigate the allegation, and refer the report orally as soon as practicable and in writing within 72 hours of receiving the report.

CONTENT OF REPORTS

The oral and written reports shall contain the following information, or as much thereof as the person making the report is able to furnish:

 

KANSAS

Kan. Stat. Ann. § 38-1522(a)-(c), (e) (West, WESTLAW through Kan. 2001 Legis. Serv., Ch. 154)

INDIVIDUAL RESPONSIBILITY

When any mandated reporter has reason to suspect that a child has been injured as a result of physical, mental or emotional abuse or neglect or sexual abuse, the person shall report the matter promptly as provided below.

The report may be made orally and shall be followed by a written report if requested.

When the suspicion is the result of medical examination or treatment of a child by a member of the staff of a medical care facility or similar institution, that staff member shall immediately notify the superintendent, manager, or other person in charge of the institution who shall make a written report forthwith.

Any other person who has reason to suspect that a child has been injured as a result of physical, mental or emotional abuse or neglect or sexual abuse may report the matter as provided by statute.

CONTENT OF REPORTS

Every written report shall contain, if known, the names and addresses of the child and the child's parents or other persons responsible for the child's care, the child's age, the nature and extent of the child's injury (including any evidence of previous injuries) and any other information that the maker of the report believes might be helpful in establishing the cause of the injuries and the identity of the persons responsible for the injuries.

DEPARTMENT AND LAW ENFORCEMENT RESPONSIBILITY

Except as provided below, reports made pursuant to this law shall be made to the State Department of Social and Rehabilitation Services. When the Department is not open for business, the reports shall be made to the appropriate law enforcement agency. On the next day that the Department is open for business, the law enforcement agency shall report to the Department any report received and investigation initiated. The reports may be made orally or, on request of the Department, in writing.

Reports of child abuse or neglect occurring in an institution operated by the Secretary of Social and Rehabilitation Services or the Commissioner of Juvenile Justice shall be made to the Attorney General. All other reports of child abuse or neglect by persons employed by or of children of persons employed by the State Department of Social and Rehabilitation Services or the Juvenile Justice Authority shall be made to the appropriate law enforcement agency.

 

KENTUCKY

Ky. Rev. Stat. Ann. § 620.030 (Michie Supp. 1998)

INDIVIDUAL RESPONSIBILITY

Any person who knows or has reasonable cause to believe that a child is dependent, neglected, or abused shall immediately cause an oral or written report to be made to a local law enforcement agency of the Kentucky State Police; the Cabinet for Families and Children or its designated representative; the Commonwealth's attorney or the county attorney; by telephone or otherwise.

Any supervisor who receives from an employee a report of suspected dependency, neglect or abuse shall promptly make a report to the proper authorities for investigation.

Any mandated reporter who knows or has reasonable cause to believe that a child is dependent, neglected or abused, regardless of whether the person believed to have caused the dependency, neglect or abuse is a parent, guardian, person exercising custodial control or supervision or another person, or who has attended such child as part of his professional duties shall, if requested, in addition to the report required above, file with the local law enforcement agency or the Kentucky State Police or the Commonwealth's attorney or county attorney, the Cabinet for Families and Children or its designated representative within 48 hours or the original report a written report.

CABINET RESPONSIBILITY

If the Cabinet for Children and Families receives a report of abuse or neglect allegedly committed by a person other than a parent, guardian or person exercising custodial control or supervision, the Cabinet shall refer that matter to the Commonwealth's attorney or the county attorney and the local law enforcement agency or the Kentucky State Police. Nothing in this section shall relieve individuals of their obligation to report.

CONTENT OF REPORTS

The written report shall contain:

INTERAGENCY COOPERATION

The Cabinet for Families and Children upon request shall receive from any agency of the State or any other agency, institution or facility providing services to the child or his family, such cooperation, assistance and information as will enable the Cabinet to fulfill its responsibilities under the law.

Ky. Rev. Stat. Ann. § 620.040(1)-(3) (West, WESTLAW through End of 2000 Reg. Sess.)

CABINET REPSONSIBILITY

Upon receipt of a report alleging abuse or neglect by a parent, guardian, or person exercising custodial control or supervision, the recipient of the report shall immediately notify the Cabinet for Families and Children or its designated representative, the local law enforcement agency or the Kentucky State Police, the Commonwealth's or county attorney of the receipt of the report unless they are the reporting source.

Based upon the allegation in the report, the Cabinet shall immediately make an initial determination as to the risk of harm and immediate safety of the child. Based upon the level of risk determined, the cabinet shall investigate the allegation or accept the report for an assessment of family needs and, if appropriate, may provide or make referral to any community-based services necessary to reduce risk to the child and to provide family support. A report of sexual abuse shall be considered high risk and shall not be referred to any other community agency.

The Cabinet shall, within 72 hours, exclusive of weekends and holidays, make a written report to the Commonwealth's or county attorney and the local enforcement agency or Kentucky State Police concerning the action that has been taken on the investigation.

If the report alleges abuse or neglect by someone other than a parent, guardian, or person exercising custodial control or supervision, the cabinet shall immediately notify the Commonwealth's or county attorney and the local law enforcement agency or Kentucky State Police.

Upon receipt of a report alleging dependency, the recipient shall immediately notify the Cabinet or its designated representative.

Based upon the allegation in the report, the Cabinet shall immediately make an initial determination as to the risk of harm and immediate safety of the child. Based upon the level of risk, the Cabinet shall investigate the allegation or accept the report for an assessment of family needs and, if appropriate, may provide or make referral to any community-based services necessary to reduce risk to the child and to provide family support. A report of sexual abuse shall be considered high risk and shall not be referred to any other community agency.

The Cabinet need not notify the local law enforcement agency or Kentucky State Police or county attorney or Commonwealth's attorney of reports made under this subsection.

If the Cabinet or its designated representative receives a report of abuse by a person other than a parent, guardian, or other person exercising custodial control or supervision of a child, it shall immediately notify the local law enforcement agency or Kentucky State Police and the Commonwealth's or county attorney of the receipt of the report and its contents and they shall investigate the matter. The Cabinet or its designated representative shall participate in an investigation of noncustodial physical abuse or neglect at the request of the local law enforcement agency or the Kentucky State Police. The Cabinet shall participate in all investigations of reported or suspected sexual abuse of a child.

 

 

LOUISIANA

La. Children's Code art. 610 (West, WESTLAW through all 1999 Reg. Sess. Acts)

INDIVIDUAL RESPONSIBILITY

Reports of child abuse or neglect or that such was a contributing factor in a child's death, where the abuser is believed to be a parent, caretaker or a person who maintains an interpersonal dating or engagement relationship with the parent or caretaker, or a person living in the same residence with the parent or caretaker as a spouse whether married or not, shall be made immediately to the local child protection unit of the Department of Social Services. Reports in which the abuse or neglect is believed to be perpetrated by someone other than a caretaker, a person who maintains an interpersonal dating or engagement relationship with the parent or caretaker, or a person living in the same residence with the parent or caretaker as a spouse whether married or not, and the caretaker is not believed to have any responsibility for the abuse or neglect shall be made immediately to a local or State law enforcement agency.

If the initial report was in oral form by a mandatory reporter, it shall be followed by a written report made within five days to the local child protection unit of the Department of Social Services or, if necessary, to the local law enforcement agency.

Any commercial film or photographic print processor who has knowledge of or observes, within the scope of this professional capacity or employment, any film, photograph, videotape, negative, or slide depicting a child who he knows or should know is under the age of 17 years, which constitutes child pornography as defined by law, shall report immediately to the local law enforcement agency having jurisdiction over the case. The reporter shall provide a copy of the film, photograph, videotape, negative, or slide to the agency receiving the report.

CONTENT OF REPORTS

The report shall contain the following information, if known:

The report shall also name the person or persons who are thought to have caused or contributed to the child's condition, if known, and the report shall contain the name of such person if he is named by the child.

LAW ENFORCEMENT RESPONSIBILITY

All reports received by any local or State law enforcement agency involving abuse or neglect in which the child's parent or caretaker, a person who maintains an interpersonal dating or engagement relationship with the parent or caretaker, or a person living in the same residence with the parent or caretaker as a spouse whether married or not, is believed responsible shall be referred to the local child protection unit of the Department of Social Services.

DEPARTMENT RESPONSIBILITY

A local child protection unit shall refer abuse or neglect cases not involving a parent, caretaker, or occupant of the household to the appropriate law enforcement agency and shall also report all cases of child death which involve a suspicion of abuse or neglect as a contributing factor in the child's death to the local or State law enforcement agencies, the office of the district attorney, and the coroner.

 

MAINE

Me. Rev. Stat. Ann. tit. 22, § 4011-A(1)-(4), (West, WESTLAW through 2001 1st Reg. Sess.)

INDIVIDUAL RESPONSIBILITY

When, while acting in a professional capacity, a mandated reporter knows or has reasonable cause to suspect that a child has been or is likely to be abused or neglected, that person shall immediately report or cause a report to be made to the Department of Human Services.

Whenever a person is required to report in a capacity as a member of the staff of a medical or public or private institution, agency or facility, that person shall immediately notify either the person in charge of the institution, agency or facility, or a designated agent, who shall then cause a report to be made. The staff may also make a report directly to the Department of Human Services.

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.

When, while acting in a professional capacity, any mandated reporter knows or has reasonable cause to suspect that a child has been abused or neglected by a person not responsible for the child, the person shall immediately report or cause a report to be made to the appropriate district attorney's office.

When a licensed mental health professional is required to report, and the knowledge or reasonable cause to suspect that a child has been or is likely to be abused or neglected comes from treatment of a person responsible for the abuse or neglect, the licensed mental health professional shall report to the Department of Human Services in accordance the reporting laws and under the following conditions.

DEPARTMENT RESPONSIBILITY

When a licensed mental health professional is required to report and the knowledge or reasonable cause to suspect that a child has been or is likely to be abused or neglected comes from treatment of a person responsible for the abuse or neglect, the licensed mental health professional shall report to the Department of Human Services in accordance with the reporting laws and under the following conditions:

The intent of this subsection is to encourage offenders to seek and effectively utilize treatment, at the same time providing any necessary protection and treatment for the child and other family members.

Me. Rev. Stat. Ann. tit. 22, § 4012 (West 1992)

INDIVIDUAL RESPONSIBILITY

Reports regarding abuse or neglect shall be made immediately by telephone to the Department of Human Services and shall be followed by a written report within 48 hours if requested by the Department.

CONTENT OF REPORTS

The reports shall include the following information if within the knowledge of the person reporting:

 

MARYLAND

Md. Code Ann. Fam. Law § 5-704 (Lexis, WESTLAW through Reg. Sess. of the 2000 Gen. Assem.)

INDIVIDUAL RESPONSIBILITY

Notwithstanding any other provision of law, including any law on privileged communications, each mandated reporter, acting in a professional capacity, who has reason to believe that a child has been subjected to:

If acting as a staff member of a hospital, public health agency, child care institution, juvenile detention center, school, or similar institution, the mandated reporter shall immediately notify and give all information required by this section to the head of the institution or the designee of the head.

An individual who notifies the appropriate authorities under the above subsection shall make:

AGENCY RESPONSIBILITY

An agency to which an oral report of suspected abuse is made shall immediately notify the other agency.

This paragraph does not prohibit a local Department of Social Services and an appropriate law enforcement agency from agreeing to cooperative arrangements.

CONTENT OF REPORTS

Insofar as is reasonably possible, an individual who makes a report under this section shall include in the report the following information:

Md. Code Ann. Fam. Law § 5-705(a)(1) (1991)

INDIVIDUAL RESPONSIBILITY

Except as provided in this subsection, notwithstanding any other provision of law, including a law on privileged communications, a person other than a health practitioner, police officer, or educator or human service worker who has reason to believe that a child has been subjected to abuse or neglect shall:

 

MASSACHUSETTS

Mass. Gen. Laws Ann. ch. 119, § 51A (West Supp. 1998)

INDIVIDUAL RESPONSIBILITY

Any mandated reporter who, in his professional capacity shall have reasonable cause to believe that a child under the age of 18 years is:

shall immediately report such condition to the Department of Social Services by oral communication and by making a written report within 48 hours after such oral communication.

Whenever such person so required to report is a member of the staff of a medical or other public or private institution, school or facility, he shall immediately either notify the Department of Social Services or notify the person in charge of such institution, school or facility, or that person's designated agent, whereupon such person in charge or his said agent shall then become responsible to make the report. Any such hospital personnel preparing such report, may take or cause to be taken, photographs of the areas of trauma visible on a child who is the subject of such report without the consent of the child's parents or guardians. All such photographs or copies thereof shall be sent to the Department together with such report.

In addition to those persons required to report pursuant to the reporting laws, any other person may make such a report if any such person has reasonable cause to believe that a child is suffering from or has died as a result of such abuse or neglect.

CONTENT OF REPORTS

The required reports shall contain:

DEPARTMENT RESPONSIBILITY

Within 60 days of the receipt of a report by the Department of Social Services from any person required to report, the Department shall notify such person, in writing, of its determination of the nature, extent and cause or causes of the injuries to the child, and the social services that the Department intends to provide to the child or his family.

Mass. Gen. Laws Ann. ch. 119, § 51B(1), (4), (9), (10) (West, WESTLAW through the 2000 2nd Ann. Sess.)

DEPARTMENT RESPONSIBILITY

The Department of Social Services shall investigate and evaluate the information reported under the reporting laws. Said investigation and evaluation shall commence within two hours of initial contact and be completed within 24 hours if the Department has reasonable cause to believe the child's health or safety is in immediate danger from further abuse and neglect.

The Department of Social Services shall notify in writing the district attorney for the county in which the child resides and for the county in which the offense occurred by transmitting to such district attorney a copy of the report required under the reporting laws, if after an investigation and evaluation, the Department has reasonable cause to believe that any of the following conditions has resulted from abuse or neglect; provided, however, that the Department may immediately report cases of serious physical injury to the appropriate office of the district attorney:

The Department shall forward to the local law enforcement authorities in the town in which the child resides and the town in which the offense occurred a copy of the report provided to the district attorney.

The Department of Social Services shall notify in writing the Office for Children by transmitting to said office a copy of the reports made under the reporting laws if and when such report alleges that abuse or neglect occurred at a facility operated by a person subject to licensure or approval by said office, and when the Department has substantiated said reports. The Department and Office may coordinate their activities and share information. No provision of law shall prohibit the Department from transmitting a copy of the reports prepared under the reporting laws, or from conducting coordinated activities and sharing information with said Office, or from having its employees testify at administrative hearings held by said Office. The Department and the Office for Children shall make all reasonable efforts to minimize the number of interviews of any child-victim which may be necessary.

The Department of Social Services shall notify in writing the Department of Mental Health, the Department of Mental Retardation, the Department of Public Health, and the Department of Youth Services by transmitting to any of said departments a copy of the reports made under the reporting laws if and when that report alleges that abuse or neglect occurred at a facility owned, operated or funded, in whole or in part, by any of said departments, and when the Department of Social Services has substantiated said reports. The Department of Social Services and any of said departments may coordinate their respective activities conducted under this section, and shall make all reasonable efforts to minimize the number of interviews of any child-victim which may be necessary.

In all cases in which the Department of Social Services determines that a report of abuse or neglect is not substantiated, the Department shall notify in writing any and all sources or recipients of information in connection with the investigation that the report of abuse or neglect has not been substantiated, unless the target of the investigation requests that such notification not occur.

 

MICHIGAN

Mich. Comp. Laws Ann. § 722.623(1)-(7) (West Supp. 1998)

INDIVIDUAL RESPONSIBILITY

A mandated reporter who has reasonable cause to suspect child abuse or neglect shall make immediately, by telephone or otherwise, an oral report, or cause an oral report to be made, of the suspected child abuse or neglect to the Department. Within 72 hours after making the oral report, the reporting person shall file a written report as required in this act.

If the reporting person is a member of the staff of a hospital, agency, or school, the reporting person shall notify the person in charge of the hospital, agency, or school of his or her finding and that the report has been made, and shall make a copy of the written report available to the person in charge. One report from a hospital, agency, or school shall be considered adequate to meet the reporting requirement. A member of the staff of a hospital, agency, or school shall not be dismissed or otherwise penalized for making a report required by this act or for cooperating in an investigation.

CONTENT OF REPORTS

The written report shall contain:

DEPARTMENT RESPONSIBILITY

The Department shall inform the reporting person of the required contents of the written report at the time the oral report is made by the reporting person.

The written report required in this section shall be mailed or otherwise transmitted to the county Department of Social Services of the county in which the child suspected of being abused or neglected is found.

Upon receipt of a written report of suspected child abuse or neglect, the Department may provide copies to the prosecuting attorney and the probate court of the counties in which the child suspected of being abused or neglected resides and is found.

If the report or subsequent investigation indicates a violation of the Michigan penal code, or if the report or subsequent investigation indicates that the suspected abuse was not committed by a person responsible for the child's health or welfare, and the Department believes that the report has basis in fact, the Department shall transmit a copy of the written report and the results of any investigation to the prosecuting attorney of the counties in which the child resides and is found.

LAW ENFORCEMENT RESPONSIBILITY

If a local law enforcement agency receives a written report of suspected child abuse or neglect, whether from the reporting person or the Department, the report or subsequent investigation indicates that the abuse or neglect was committed by a person responsible for the child's health or welfare, and the local law enforcement agency believes that the report has basis in fact, the local law enforcement agency shall provide a copy of the written report and the results of any investigation to the county Department of Social Services of the county in which the abused or neglected child is found. Nothing in this subsection shall be construed to relieve the department of its responsibility to investigate reports of suspected child abuse or neglect under this act.

 

MINNESOTA

Minn. Stat. Ann. § 626.556 Subd. 3, 7, 10(a)-(b) (West , WESTLAW through End of 2001 1st Sp. Sess.)

INDIVIDUAL RESPONSIBILITY

Any mandated reporter who knows or has reason to believe a child is being neglected or physically or sexually abused, as defined in § 626.556, Subd. 2, or has been neglected or physically or sexually abused within the preceding three years, shall immediately report the information to the local welfare agency, agency responsible for assessing or investigating the report, police department, or the county sheriff.

Any person may voluntarily report to the local welfare agency, agency responsible for assessing or investigating the report, police department, or the county sheriff if the person knows, has reason to believe, or suspects a child is being or has been neglected or subjected to physical or sexual abuse.

An oral report shall be made immediately by telephone or otherwise. An oral report made by a mandated reporter shall be followed within 72 hours, exclusive of weekends and holidays, by a report in writing to the appropriate police department, the county sheriff, the agency responsible for assessing or investigating the reports, or the local welfare agency, unless the appropriate agency has informed the reporter that the oral information does not constitute a report under the law.

PROFESSIONAL RESPONSIBILITY

The police department or the county sheriff, upon receiving a report, shall immediately notify the local welfare agency or agency responsible for assessing or investigating the report, orally and in writing. The local welfare agency, or agency responsible for assessing or investigating the report, upon receiving a report, shall immediately notify the local police department or the county sheriff orally and in writing. The county sheriff and the head of every local welfare agency, agency responsible for assessing or investigating the report, and police department shall each designate a person within their agency, department, or office who is responsible for ensuring that the notification duties of this statute are carried out.

Nothing in this subdivision shall be construed to require more than one report from any institution, facility, school, or agency.

The police department or the county sheriff, upon receiving a report, shall immediately notify the local welfare agency orally and in writing. The local welfare agency, upon receiving a report, shall immediately notify the local police department or the county sheriff orally and in writing.

Written reports received by a police department or the county sheriff shall be forwarded immediately to the local welfare agency or the agency responsible for assessing or investigating the report. The police department or the county sheriff may keep copies of reports received by them. Copies of written reports received by a local welfare department or the agency responsible for assessing or investigating the report shall be forwarded immediately to the local police department or the county sheriff.

If the report alleges neglect, physical abuse, or sexual abuse by a parent, guardian, or individual functioning within the family unit as a person responsible for the child's care, the local welfare agency shall immediately conduct an assessment including gathering information on the existence of substance abuse and offer protective social services for purposes of preventing further abuses, safeguarding and enhancing the welfare of the abused or neglected minor, and preserving family life whenever possible.

If the report alleges a violation of a criminal statute involving sexual abuse, physical abuse, or neglect or endangerment, the local law enforcement agency and local welfare agency shall coordinate the planning and execution of their respective investigation and assessment efforts to avoid a duplication of fact-finding efforts and multiple interviews. Each agency shall prepare a separate report of the results of its investigation. In cases of alleged child maltreatment resulting in death, the local agency may rely on the fact-finding efforts of a law enforcement investigation to make a determination of whether or not maltreatment occurred. When necessary the local welfare agency shall seek authority to remove the child from the custody of a parent, guardian, or adult with whom the child is living. In performing any of these duties, the local welfare agency shall maintain appropriate records.

If the assessment indicates there is a potential for abuse of alcohol or other drugs by the parent, guardian, or person responsible for the child's care, the local welfare agency shall conduct a chemical use assessment. The local welfare agency shall report the determination of the chemical use assessment, and the recommendations and referrals for alcohol and other drug treatment services to the state authority on alcohol and drug abuse.

When a local agency receives a report or otherwise has information indicating that a child who is a client has been the subject of physical abuse, sexual abuse, or neglect at an agency, facility, or program, it shall, in addition to its other duties under this section, immediately inform the ombudsman. The Commissioner of Children, Families, and Learning shall inform the ombudsman of reports regarding a child client that maltreatment occurred at a school.

INSTITUTIONAL REPORTS

A person mandated to report physical or sexual child abuse or neglect occurring within a licensed facility shall report the information to the agency responsible for licensing the facility. A health or corrections agency receiving a report may request the local welfare agency to provide assistance. A board or other entity whose licensees perform work within a school facility, upon receiving a complaint of alleged maltreatment, shall provide information about the circumstances of the alleged maltreatment to the Commissioner of Children, Families, and Learning.

AGENCY RESPONSIBILITY

Any person mandated to report shall receive a summary of the disposition of any report made by that reporter, including whether the case has been opened for child protection or other services, or if a referral has been made to a community organization, unless release would be detrimental to the best interests of the child. Any person who is not mandated to report shall, upon request to the local welfare agency, receive a concise summary of the disposition of any report made by that reporter, unless release would be detrimental to the best interests of the child.

For purposes of this subdivision, "immediately" means as soon as possible but in no event longer than 24 hours.

If requested, the local welfare agency or the agency responsible for assessing or investigating the report shall inform the reporter within 10 days after the report is made, either orally or in writing, whether the report was accepted for assessment or investigation.

CONTENT OF REPORTS

Any report shall be of sufficient content to identify:

 

MISSISSIPPI

Miss. Code Ann. § 43-21-353(1)-(3), (6), (8) (WESTLAW through End of 2002 2nd Ex. Sess.)

INDIVIDUAL RESPONSIBILITY

Any mandated reporter having reasonable cause to suspect that a child is a neglected child or an abused child, shall cause an oral report to be made immediately by telephone or otherwise and followed as soon thereafter as possible by a report in writing to the Department of Human Services.

DEPARTMENT RESPONSIBILITY

The Department of Human Services shall immediately make a referral to the youth court intake unit, which unit shall promptly comply with §43-21-357. Where appropriate, the Department of Human Service