Every State and the District of Columbia have statutes identifying mandatory reporters of child maltreatment, and under what circumstances they are to report. A mandatory reporter is a person who is required by law to make a report. Any person, however, may report incidents of abuse or neglect. Today, reporting laws embrace all professionals working with children. Individuals typically designated as mandatory reporters include:

• Physicians, nurses, hospital personnel, dentists;
• Medical examiners;
• Coroners;
• Mental health professionals and social workers;
• School personnel;
• Law enforcement officials; and
• Child care providers.

In approximately 18 States, any person who suspects child abuse or neglect is required to report.

The standards used to determine under what circumstances a mandatory reporter should notify authorities of suspected abuse also vary from State to State. Typically, a report must be made when the reporter suspects or has reason to suspect that a child has been abused or neglected.

Mandatory reporting statutes also may specify when a communication is privileged. Privileged communications, which is the statutory recognition of the right to maintain the confidentiality of communications between professionals and their clients or patients, are specific situations where mandatory reporters are not required by law to report cases of child maltreatment. The privilege most widely recognized by States is that of attorney-client. The clergy-penitent privilege also is frequently recognized, although that privilege may be limited strictly to confessional communications, or in some cases, denied altogether.

Summary of Legislation Regarding
Mandatory Reporters of Child Abuse and Neglect

• Hospitals, clinics, sanitariums, doctors, physicians, surgeons, medical examiners, coroners, dentists, osteopaths, optometrists, chiropractors, podiatrists, nurses, school teachers, and officials;
• Peace officers, law enforcement officials, pharmacists, social workers, day-care workers or employees, mental health professionals;
• Any other person called upon to render aid or medical assistance to any child.

• When the child is known or suspected to be a victim of child abuse or neglect.

The doctrine of privileged communication, with the exception of the attorney-client privilege, shall not be a ground for excluding any evidence regarding a child's injuries or the case thereof in any judicial proceeding resulting from a report pursuant to this chapter.

• Practitioners of the healing arts; administrative officers of institutions;
• School teachers; school administrative staff members of public and private schools; child care providers;
• Paid employees of domestic violence and sexual assault programs, and crisis intervention and prevention programs; paid employees of organizations that provide counseling or treatment to individuals seeking to control their use of drugs or alcohol;
• Peace officers; officers of the Department of Corrections;
• Persons who process or produce visual or printed matter, either privately or commercially;
• Members of a child fatality review team or the multidisciplinary child protection team.

• When, in the performance of their occupational duties or appointed duties, they have reasonable cause to suspect that a child has suffered harm as a result of child abuse or neglect;
• Persons who process or produce visual or printed matter, either privately or commercially, must report when, in the course of processing or producing such matter, they have reasonable cause to suspect that the matter visually depicts a child engaged in conduct described in the law prohibiting the unlawful exploitation of a minor.

This section does not require a person required to report child abuse or neglect to report mental injury as a result of exposure to domestic violence so long as the person has reasonable cause to believe that the child is in safe and appropriate care and not presently in danger of mental injury as a result of exposure to domestic violence.

This section does not require a person required to report child abuse or neglect to report the resumption of use of an intoxicant so long as the person does not have a reasonable cause to suspect that a child has suffered harm as a result of the resumption.

Neither the physician-patient nor the husband-wife privilege is a ground for excluding evidence regarding a child's harm, or its cause, in a judicial proceeding related to a report made under the reporting statute.

• Physicians, hospital interns or residents, surgeons, dentists, osteopaths, chiropractors, podiatrists, county medical examiners, nurses, psychologists;
• School personnel, social workers, peace officers, parents, counselors, clergymen, priests, or any other person having responsibility for the care or treatment of children.

When their 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, commercial sexual exploitation of a minor, sexual exploitation of a minor, incest, 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 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.

A clergyman or priest who has received a confidential communication or a confession in that person's role as a clergyman or priest in the course of the discipline enjoined by the church to which the clergyman or priest belongs may withhold reporting of the communication or confession if the clergyman or priest determines that it is reasonable and necessary within the concepts of the religion. This exemption applies only to the communication or confession and not to the personal observations the clergyman or priest may otherwise make of the minor.

Except as provided in the provision exempting clergymen and priests from examination as witness,

• The physician-patient privilege;
• Husband-wife privilege; or
• Any privilege except the attorney-client privilege;

provided for by professions such as the practice of social work or nursing covered by law or a code of ethics regarding practitioner-client confidences, both as they relate to the competency of the witness and to the exclusion of confidential communications, shall not pertain in any civil or criminal litigation in which a child's neglect, dependency, abuse or abandonment is in issue nor in any judicial proceeding resulting from a report submitted pursuant to this article.

In any civil or criminal litigation in which a child's neglect, dependency, abuse or abandonment is an issue, a clergyman or priest shall not, without his consent, be examined as a witness concerning any confession made to him in his role as a clergyman or a priest in the course of the discipline enjoined by the church to which he belongs.

• Physicians; surgeons; coroners; dentists; osteopaths; resident interns; licensed nurses; medical personnel who may be engaged in admission, examination, care, or treatment of persons;
• Teachers; school officials; school counselors; day-care center workers;
• Social workers; family service workers; mental health professionals; any other child or foster care workers;
• Division of Youth Service employees; employees working under contract for the Division of Youth Services;
• Domestic violence shelter employees; domestic violence shelter volunteers;
• Peace officers; law enforcement officials; prosecuting attorneys, domestic abuse advocates; judges.

• When they have reasonable cause to suspect that a child has been subjected to, or died as a result of, child maltreatment;
• When they have observed the child being subjected to conditions or circumstances which would reasonably result in child maltreatment.

No privilege or contract shall relieve any mandatory reporter of this responsibility.

• Teachers; instructional aides; Headstart teachers; teacher's aides or teacher's assistants employed by any public or private school; classified employees of any public school;
• Administrative officers or supervisors of child welfare and attendance; certificated pupil personnel employees of any public or private school;
• Administrators and employees of public or private day camps, public or private youth centers, youth recreation programs, or youth organizations;
• Administrators or employees of public or private organizations whose duties require direct contact and supervision of children;
• Any employees of a county office of education or the California Department of Education, whose duties bring the employee into contact with children on a regular basis;
• Licensees, administrators, employees of licensed community care or child day care facilities;
• Licensing workers or licensing evaluators employed by a licensing agency;
• Public assistance workers;
• Employees of child care institutions, including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities;
• Social workers; probation officers, or parole officers;
• Employees of school district police or security departments;
• Any person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in any public or private school;
• District attorney investigators, inspectors, or family support officers unless the investigator, inspector, or officer is working with an attorney appointed to represent a minor;
• Peace officers who are not otherwise described in this section;
• Firefighters, except for volunteer firefighters;
• Physicians, surgeons, psychiatrists, psychologists, dentists, residents, interns, podiatrists, chiropractors, licensed nurses, dental hygienists, optometrists, marriage, family and child counselors, clinical social workers;
• Emergency medical technicians I or II; paramedics; psychological assistants; marriage, family and child therapist trainees; unlicensed marriage, family, and child therapist interns;
• State or county public health employees who treat minors for venereal diseases or any other conditions;
• Coroners; medical examiners, or any other person who performs autopsies;
• Commercial film and photographic print processors;
• Child visitation monitors;
• Animal control officers or humane society officers;
• Clergy members;
• Employee of any police department, county sheriff's department, county probation department, or county welfare department;
• Employees or volunteers of Court Appointed Special Advocate programs.

• When they have knowledge of or observe a child in their professional capacities or within the scope of their employment, whom they know or reasonably suspect has been the victim of child abuse;
• Commercial film and photographic print processors must report when they have knowledge of or observe, within the scope of their professional capacity or employment, any film, photograph, videotape, negative, or slide depicting a child under the age of 16 years engaged in any of the following:
  - Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, between persons of the same or opposite sex or between humans and animals;
  - Penetration of the vagina or rectum by any object;
  - Masturbation for the purpose of sexual stimulation of the viewer;
  - Sadomasochistic abuse for the purpose of sexual stimulation of the viewer; or
  - Exhibition of the genitals, pubic, or rectal areas of any person for the purpose of sexual stimulation of the viewer.

A clergy member who acquires knowledge or reasonable suspicion of child abuse during a penitential communication is not subject to the requirement to make a report. For the purposes of this subdivision, "penitential communication" means a communication, intended to be in confidence, including, but not limited to, a sacramental confession, made to a clergy member who, in the course of the discipline or practice of his or her church, denomination, or organization, is authorized or accustomed to hear those communications, and under the discipline, tenets, customs, or practices of his or her church, denomination, or organization, has a duty to keep those communications secret.

Nothing in this subdivision shall be construed to modify or limit a clergy member's duty to report known or suspected child abuse when the clergy member is acting in some other capacity that would otherwise make the clergy member a mandated reporter.

COLORADO

Colo. Rev. Stat. Ann. § 19-3-304(1), (2), (2.5) (West, WESTLAW through End of 2001 1^st Reg. Sess.)

WHO MUST REPORT

• Physicians; surgeons; physicians in training; child health associates; medical examiners; coroners; dentists; osteopaths; optometrists; chiropractors; chiropodists; podiatrists; registered nurses; licensed practical nurses; hospital personnel engaged in the admission, care, or treatment of patients; dental hygienists; physical therapists; pharmacists;
• Public or private school officials or employees; workers in family care homes, foster care homes, or child care centers;
• Social workers; Christian Science practitioners; mental health professionals; psychologists;
• Veterinarians; peace officers; firemen; victim's advocates;
• Commercial film and photographic print processors;
• Licensed professional counselors; licensed marriage and family therapists; unlicensed psychotherapists.

• When they have reasonable cause to know or suspect that a child has been subjected to abuse or neglect;
• When they have observed a child being subjected to circumstances or conditions which would reasonably result in abuse or neglect;
• Commercial film and photographic print processors must report when, within the scope of their professional capacities or employments, they have knowledge of or observe any film, photograph, videotape, negative, or slide depicting a child engaged in an act of sexual conduct.

The incident of privileged communication between patient and physician, between patient and registered professional nurse, or certified school psychologist and client, which is the basis for a report pursuant to the reporting laws, shall not be a ground for excluding evidence in any judicial proceeding resulting from a report. In addition, privileged communication shall not apply to any discussion of any future misconduct or of any other past misconduct which could be the basis for any other report under the reporting laws.

The privileged communication between husband and wife shall not be a ground for excluding evidence in any judicial proceeding resulting from a report pursuant to the reporting laws.

• Licensed physicians or surgeons;
• Resident physicians or interns in any hospital in this State, whether or not so licensed;
• Registered nurses, licensed practical nurses, medical examiners, dentists, dental hygienists;
• Physician assistants;
• Pharmacists;
• Physical therapists, osteopaths, optometrists, chiropractors, podiatrists;
• Psychologists, mental health professionals;
• School teachers, school principals, school guidance counselors, school paraprofessionals;
• Social workers;
• Police officers;
• Clergymen;
• Licensed substance abuse counselors, licensed marital and family therapists, sexual assault counselors, battered women's counselors; or
• Any person paid to care for a child in any public or private facility, day-care center or family day-care home which is licensed by the State;
• The Child Advocate and any employee of the Office of Child Advocate.

Who in his professional capacity has reasonable cause to suspect or believe that any child under the age of 18 years has been abused, or has had nonaccidental physical injury, or injury which is at variance with the history given of such injury, inflicted on him by a person responsible for such child's health, welfare or care or by a person given access to such child by such responsible person, or is placed at imminent risk of serious harm by an act or failure to act on the part of such responsible person, or has been neglected.

DELAWARE

Del. Code Ann. tit. 16, § 903 (WESTLAW through 1999 1^st Spec. Sess.)

WHO MUST REPORT

• Physicians; any other persons in the healing arts, including persons licensed to render services in medicine, osteopathy, or dentistry; interns; residents; nurses; medical examiners;
• School employees;
• Social workers; psychologists;
• Any other persons.

• When they know or in good faith suspect child abuse or neglect.

No legally recognized privilege, except that between attorney and client and that between priest and penitent in a sacramental confession, shall apply to situations involving known or suspected child abuse, neglect, exploitation, or abandonment and shall not constitute grounds for failure to report as required or to give or accept evidence in any judicial proceeding relating to child abuse or neglect.

• Physicians; medical examiners; dentists; chiropractors; registered nurses; licensed practical nurses; persons involved in the care and treatment of patients;
• School officials; teachers; day-care workers;
• Psychologists; mental health professionals;
• Law enforcement officers (except an undercover officer whose identity or investigation might be jeopardized); social service workers.

• When they know or have reasonable cause to suspect that a child known to them in their professional or official capacity has been or is in immediate danger of being a mentally or physically abused or neglected child;
• When they have 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.

Neither the husband-wife privilege nor the physician-patient privilege shall be grounds for excluding evidence in any proceeding in the Family Division of the Superior Court concerning the welfare of a neglected child, provided that a judge of that court determines such privilege should be waived in the interest of justice.

• Any person;
• Physicians, osteopathic physicians, medical examiners, chiropractic physicians, nurses, or hospital personnel engaged in the admission, examination, care, or treatment of persons;
• Other health or mental health professionals;
• Practitioners who rely solely on spiritual means for healing;
• School teachers or other school officials or personnel;
• Social workers; day care center workers; or other professional child care, foster care, residential, or institutional workers;
• Law enforcement officers; or judges.

• When they know, or have reasonable cause to suspect, that a child is abused, abandoned, or neglected by a parent, legal custodian, caregiver, or other person responsible for the child's welfare.

The privileged quality of communications between husband and wife and between any professional person and his or her patient or client, or any other privileged communications except that between attorney and client or the privilege provided by § 90.505 [providing for the confidentiality of communications made to a clergy member for the purpose of spiritual counsel], as such communication relates both to the competency of the witness and to the exclusion of confidential communications, shall not apply to any communication involving the perpetrator or alleged perpetrator in any situation involving known or suspected child abuse, abandonment or neglect, and shall not constitute grounds for failure to report as required by the reporting laws regardless of the source of information requiring the report, failure to cooperate with the Department, or failure to give evidence in any judicial proceeding relating to child abuse, abandonment, or neglect.

• Physicians licensed to practice medicine; interns; residents; hospital and medical personnel; dentists; podiatrists; registered professional nurses or licensed practical nurses;
• School teachers; school administrators; school guidance counselors, visiting teachers, school social workers, or school psychologists;
• Licensed psychologists; persons participating in internships to obtain licensing as psychologists; professional counselors, social workers, or marriage and family therapists; child-counseling personnel;
• Child welfare agency personnel (including any child-caring institution, child-placing agency, maternity home, family day-care home, group day-care home, and day-care center); child service organization personnel;
• Law enforcement personnel;
• Persons who process or produce visual or printed matter.

• When they have reasonable cause to believe that a child has been abused;
• 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.

Mandatory reporters are required to report even if the reasonable cause to believe such abuse has occurred or is occurring is based in whole or in part on any communication to the reporter which would otherwise be privileged or confidential, by law.

• Licensed or registered professionals of the healing arts and health-related occupations who examine, attend, treat, or provide other professional or specialized services, including, but not limited to, physicians, physicians in training, psychologists, dentists, nurses, osteopathic physicians and surgeons, optometrists, chiropractors, podiatrists, pharmacists, and other health-related professionals; medical examiners; coroners;
• Employees or officers of any public or private school; individual providers of child care; employees or officers of any licensed or registered child care facility, foster home, or similar institution;
• Employees or officers of any public or private agency or institution, or other individuals, providing social, medical, hospital, or mental health services, including financial assistance; employees or officers of any law enforcement agency, including, but not limited to, the courts, police departments, correctional institutions, and parole or probation offices;
• Employees of any public or private agency providing recreational or sports activities.

When, in their professional or official capacity, they have reason to believe that:

• Child abuse or neglect has occurred; or
• There exists a substantial risk that child abuse or neglect may occur in the reasonably foreseeable future.

The physician-patient privilege, the psychologist-client privilege, the spousal privilege, and the victim-counselor privilege shall not be grounds for excluding evidence in any judicial proceeding resulting from a report of child abuse or neglect pursuant to the reporting laws.

Idaho Code § 16-1619(a) (Supp. 1998)

WHO MUST REPORT

• Physicians; residents on hospital staffs; interns; nurses; coroners;
• School teachers; day-care personnel;
• Social workers; law enforcement personnel;
• Any other persons.

• When they have reason to believe that a child under the age of 18 has been abused, abandoned, or neglected;
• When they observe a child being subjected to conditions or circumstances which would reasonably result in abuse, abandonment, or neglect.

The notification requirements do not apply to a duly ordained minister of religion, with regard to any confession or confidential communication made to him in his ecclesiastical capacity in the course of discipline enjoined by the church to which he belongs if:

• The church qualifies as tax-exempt under Federal statute;
• The confession or confidential communication was made directly to the duly ordained minister of religion; and
• The confession or confidential communication was made in the manner and context which places the duly ordained minister of religion specifically and strictly under a level of confidentiality that is considered inviolate by canon law or church doctrine.

A confession or confidential communication made under any other circumstances does not fall under this exemption.

Any privilege between husband and wife, or between any professional person except the lawyer-client privilege, including but not limited to physicians, counselors, hospitals, clinics, day-care centers and schools and their clients shall not be grounds for excluding evidence at any proceeding regarding the abuse, abandonment or neglect of the child or the cause thereof.

• Physicians; residents; interns; hospitals; hospital administrators and personnel engaged in examination, care, and treatment of persons; surgeons; physician assistants; dentists; dental hygienists; osteopaths; chiropractors; podiatrists; coroners; medical examiners; emergency medical technicians; registered nurses; licensed practical nurses; acupuncturists; respiratory care practitioners; advanced practice nurses; home health aides;
• School personnel; educational advocates assigned to a child pursuant to the law; directors or staff assistants of nursery schools or child day-care centers; recreational program or facility personnel; child care workers; homemakers;
• Substance abuse treatment personnel; crisis line or hotline personnel; social workers; domestic violence program personnel; registered psychologists and assistants working under the direct supervision of psychologists; psychiatrists; Christian Science practitioners;
• Social services administrators; supervisors and administrators of general assistance; foster parents; field personnel of the Illinois Department of Public Aid, Public Health, Human Services, Corrections, Human Rights, or Children and Family Services;
• Truant officers; law enforcement officers; probation officers; funeral home directors or employees;
• Commercial film and photographic print processors.

• When they have reasonable cause to believe a child known to them in their professional or official capacity may be an abused or neglected child;
• Commercial film and photographic print processors must report when they have knowledge of or observe, within the scope of their professional capacities or employments, any film, photograph, videotape, negative, or slide which depicts a child whom the processors know or reasonably should know to be under the age of 18 where such child is actually or by simulation:
  - Engaged in any act of sexual intercourse with any person or animal;
  - Engaged in any act of sexual contact involving the sex organs of the child and the mouth, anus, or sex organs of another person or animal, or which involves the mouth, anus, or sex organs of the child and the sex organs of another person or animal;
  - Engaged in any act of masturbation;
  - Portrayed as being the object of, or otherwise engaged in, any act of lewd fondling, touching, or caressing involving another person or animal;
  - Engaged in any act of excretion or urination within sexual context; or
  - Portrayed or depicted as bound, fettered, or subject to sadistic, masochistic, or sadomasochistic abuse in any sexual context.

The privileged quality of communication between any professional person required to report and his or her patient or client shall not apply to situations involving abused or neglected children and shall not constitute grounds for failure to report.

• Any individual;
• Any staff member of a medical or other public or private institution, school, facility, or agency.

• When they have reason to believe that a child is a victim of child abuse or neglect.

The following privileged communications are not grounds for failing to report as required by the reporting laws:

• Between a husband and wife;
• Between a health care provider and that health care provider's patient;
• Between a certified social worker, certified clinical social worker, or certified marriage and family therapist and a client of any of these professionals; or
• Between a school counselor or psychologist and a student.

• Social workers; certified psychologists;
• Licensed school employees; certified paraeducators; holders of coaching authorizations under § 272.31;
• Employees or operators of:
  - Public or private health care facilities;
  - Licensed child care centers, registered child care homes, Head Start programs, family development and self-sufficiency grant programs, or healthy opportunities for parents to experience success-healthy families Iowa programs;
  - Substance abuse programs or facilities;
  - Juvenile detention or juvenile shelter care facilities,;
  - Foster care facilities licensed or approved as such; or
  - Mental health centers;
• Employees of Department of Human services institutions;
• Peace officers, counselors, or mental health professionals;
• Commercial film and photographic print processors.

Every health practitioner who in the scope of professional practice, examines, attends, or treats a child and who reasonably believes the child has been abused is required to report. This provision applies to a health practitioner who receives information confirming that a child is infected with a sexually transmitted disease, unless law requires otherwise.

Any of the above persons who, in the scope of professional practice or in their employment responsibilities, examines, attends, counsels, or treats a child and reasonably believes a child has suffered abuse is required to report.

A commercial film and photographic print processor who has knowledge of or observes, within the scope of the processor's professional capacity or employment, a film, photograph, video tape, negative, or slide which depicts a minor whom the processor knows or reasonably should know to be under the age of 18, engaged in a prohibited sexual act or in the simulation of a prohibited sexual act, shall report the depiction to the county attorney.

Any statute or rule of evidence which excludes or makes privileged the testimony of a husband or wife against the other or the testimony of a health practitioner or mental health professional as to confidential communications, do not apply to evidence regarding a child's injuries or the cause of the injuries in any judicial proceeding, civil or criminal, resulting from a report pursuant to this chapter or relating to the subject matter of such a report.

KANSAS

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

WHO MUST REPORT

• Persons licensed to practice the healing arts or dentistry; persons licensed to practice optometry; persons engaged in postgraduate training programs approved by the State Board of Healing Arts; licensed professional or practical nurses examining, attending, or treating a child under the age of 18; chief administrative officers of medical care facilities; emergency medical services personnel;
• Teachers, school administrators, or other employees of a school which the child is attending; persons licensed by the Secretary of Health and Environment to provide child care services or the employees of persons so licensed at the place where the child care services are being provided to the child;
• Licensed psychologists; licensed masters level psychologists; licensed clinical psychotherapists; licensed marriage and family therapists; licensed social workers; licensed clinical marriage and family therapists; licensed professional counselors; licensed clinical professional counselors; registered alcohol and drug abuse counselors;
• Firefighters; mediators appointed under the law; law enforcement officers; juvenile intake and assessment workers.

• When they have reason to suspect that a child has been injured as a result of physical, mental, or emotional abuse or neglect, or sexual abuse;
• When they know of the death of a child.

• Physicians; osteopathic physicians; nurses; coroners; medical examiners; residents; interns; chiropractors; dentists; optometrists; emergency medical technicians; paramedics; health professionals;
• Teachers; school personnel; child-caring personnel;
• Social workers; mental health professionals;
• Peace officers;
• Any organization or agency for any of the above persons;
• Any persons.

• When they know or have reasonable cause to believe that a child is dependent, neglected, or abused.

Neither the husband-wife nor any professional-client/patient privilege, except the attorney-client and clergy-penitent privilege, shall be a ground for refusing to report, or for excluding evidence regarding a dependent, neglected or abused child thereof, in any judicial proceedings resulting from a report.

Any of the following individuals performing their occupational duties:

• Health practitioners, including, but not limited to, physicians, surgeons, physical therapists, dentists, residents, interns, hospital staff members, podiatrists, chiropractors, licensed nurses, nursing aides, dental hygienists, emergency medical technicians, paramedics, optometrists, coroners, or medical examiners;
• Mental health or social service practitioners, including psychiatrists, psychologists, marriage or family counselors, social workers, aides, or other individuals who provide counseling services to children and their families;
• Teachers or child care providers, including, but not limited to, school principals, teacher's aides, school staff members, foster home parents, or group home or other child care institutional staff members; personnel of residential home facilities, day care providers, or any individuals who provide such services to children;
• Police officers, law enforcement officials, probation officers;
• Commercial film or photographic print processors;
• Mediators.

• When they have cause to believe that:
  - A child's physical or mental health or welfare is endangered as a result of abuse or neglect; or
  - Abuse or neglect was a contributing factor in a child's death;
• Commercial film or photographic print processors must report when they have knowledge of or observe, within the scope of their professional capacities or employments, any film, photograph, videotape, negative, or slide depicting a child who they know or should know is under the age of 17 years which constitutes child pornography.

When a priest, rabbi, duly ordained minister, or Christian Science practitioner has acquired knowledge of abuse or neglect from a person during a confession or other sacred communication, he shall encourage that person to report but shall not be a mandatory reporter of that information given in confession or sacred communication.

Notwithstanding any claim of privileged communication, any mandatory reporter who has cause to believe that a child's physical or mental health or welfare is endangered as a result of abuse or neglect or that abuse or neglect was a contributing factor in a child's death shall report in accordance with the reporting laws.

• Allopathic or osteopathic physicians; residents; interns; emergency medical services persons; medical examiners; physicians' assistants; dentists; dental hygienists; dental assistants; chiropractors; podiatrists; registered or licensed practical nurses; home health aides; medical or social service workers;
• Teachers; guidance counselors; school officials; child care personnel; children's summer camp administrators or counselors;
• Social workers; psychologists; mental health professionals;
• Court Appointed Special Advocates; guardians ad litem; homemakers; law enforcement officials; State or municipal fire inspectors; municipal code enforcement officials; municipal fire inspectors; chairs of licensing boards that have jurisdiction over mandated reporters;
• Commercial film and photographic print processors;
• Clergy members acquiring the information as a result of clerical professional work except for information received during confidential communications; or
• Any other person who has assumed full, intermittent or occasional responsibility for the care or custody of the child, whether or not the person receives compensation.

• When, while acting in a professional capacity, they know or have reasonable cause to suspect that a child has been or is likely to be abused or neglected.

A clergy member shall report except for information received during confidential communications.

The husband-wife and physician and psychotherapist-patient privileges and the confidential quality of communication are abrogated in relation to required reporting, cooperating with the department or guardian ad litem in an investigation or other child protective activity or giving evidence in a child protection proceeding. Information released to the department shall be kept confidential and may not be disclosed by the department except as provided by law.

Statements made to a licensed mental health professional in the course of counseling, therapy or evaluation where the privilege is abrogated may not be used against the client in a criminal proceeding except to rebut the client's testimony contradicting those statements. Nothing in this section may limit any responsibilities of the professional pursuant to this Act.

• The following persons, acting in a professional capacity:
  - Health practitioners;
  - Educators or human service workers; or
  - Police officers;
• Any other persons.

• When they have reason to believe that a child has been subjected to abuse or neglect.

A person is not required to provide notice under paragraph (1) of this subsection:

• In violation of the attorney-client privilege;
• If the notice would disclose matter communicated in confidence by a client to the client's attorney or other information relating to the representation of the client; or
• In violation of any constitutional right to assistance of counsel.

A minister of the gospel, clergyman, or priest of an established church of any denomination is not required to provide notice if the notice would disclose matter in relation to any communication that is protected by the clergy-penitent privilege and:

• The communication was made to the minister, clergyman, or priest in a professional character in the course of discipline enjoined by the church to which the minister, clergyman, or priest belongs; and
• The minister, clergyman, or priest is bound to maintain the confidentiality of that communication under canon law, church doctrine, or practice.

• Physicians; medical interns; hospital personnel engaged in the examination, care, or treatment of persons; medical examiners; emergency medical technicians; dentists; nurses; chiropractors; podiatrists; optometrists; osteopaths; psychiatrists;
• Public or private school teachers; educational administrators; day-care workers or persons paid to care for or work with children in public or private facilities, or homes or programs funded or licensed by the State which provide day-care or residential services to children or which provide the services of child care resource and referral agencies, voucher management agencies, family day-care systems and child care food programs; school attendance officers;
• Psychologists; social workers; licensed allied mental health and human services professionals; drug and alcoholism counselors; clinical social workers; guidance or family counselors;
• Probation officers; clerk/magistrates of district courts; parole officers; foster parents; firefighters or police officers; office for children licensors.

When, in their professional capacities, they have reasonable cause to believe that a child under age 18 is:

• Suffering physical or emotional injury resulting from abuse inflicted upon him or her which causes harm or substantial risk of harm to the child's health or welfare, including sexual abuse;
• Suffering from neglect, including malnutrition; or
• Determined to be physically dependent upon an addictive drug at birth.

Any privilege established by statutes regarding social worker and client or psychotherapist and patient confidential communications shall not prohibit the filing of a report pursuant to the provisions of the reporting laws.

Notwithstanding any privilege created by statute or common law relating to confidential communications or any statute prohibiting the disclosure of information, any person required to make a report pursuant to the reporting law who has information which he believes might aid the Department of Social Services in determining whether a child has been abused or neglected pursuant to an investigation under this section shall, if requested by the Department, disclose such information relevant to the specific investigation to the Department. Such statutory or common law privileges shall not preclude the admission of any such information in any civil proceeding concerning abuse or neglect of a child, placement or custody of a child.

• Physicians; coroners; dentists; registered dental hygienists; medical examiners; nurses; persons licensed to provide emergency medical care; audiologists;
• School administrators; school counselors; school teachers; regulated child care providers;
• Psychologists; marriage and family therapists; licensed professional counselors; certified social workers; social workers; social work technicians;
• Law enforcement officers.

• When they have reasonable cause to suspect child abuse or neglect;
• The pregnancy of a child less than 12 years of age or the presence of a venereal disease in a child who is over 1 month of age but less than 12 years of age shall be reasonable cause to suspect child abuse and neglect have occurred.

Any legally recognized privileged communication except that between attorney and client is abrogated and shall neither constitute grounds for excusing a report otherwise required to be made nor for excluding evidence in a civil child protective proceeding resulting from a report.

• A professional or professional's delegate who is engaged in the practice of:
  - The healing arts; hospital administration; psychiatric treatment;
  - Child care; education;
  - Psychological treatment;
  - Social services;
  - Law enforcement;
• A clergy member who receives the information while engaged in ministerial duties, provided that he or she is not required to report information that is otherwise privileged by law.

When they know or have reason to believe a child:

• Is being neglected or physically or sexually abused;
• Has been neglected or physically or sexually abused within the preceding 3 years.

A clergy member who receives the information while engaged in ministerial duties shall report when he knows or has reason to believe a child is neglected or physically or sexually abused, provided that he or she is not required to report information that is otherwise privileged under § 595.02(1)(c).

No evidence relating to the neglect or abuse of a child or to any prior incidents of neglect or abuse involving any of the same persons accused of neglect or abuse shall be excluded in any proceeding arising out of the alleged neglect or physical or sexual abuse on the grounds of privilege set forth in § 595.02, Subd. 1, paragraphs (a), (d), or (g) [regarding husband-wife, medical practitioner-patient, or mental health professional-client privilege].

• Physicians; dentists; interns; residents; nurses;
• Public or private school employees; child care givers;
• Psychologists; social workers;
• Attorneys; ministers; law enforcement officers;
• Any other persons.

• When they have reasonable cause to suspect that a child is an abused or neglected child.

• Physicians; medical examiners; coroners; dentists; chiropractors; optometrists; podiatrists; residents; interns; nurses; hospital and clinic personnel that are engaged in the examination, care, treatment, or research of persons; other health care practitioners;
• Day-care center workers or other child care workers; teachers; principals; other school officials;
• Psychologists; mental health practitioners; social workers; Christian Science practitioners;
• Juvenile officers; probation officers; parole officers; peace officers; law enforcement officials; jail or detention center personnel;
• Other persons with responsibility for the care of children;
• Commercial film and photographic print processors; computer providers; or Internet service providers.

• When they have reasonable cause to suspect that a child has been or may be subjected to abuse or neglect;
• When they observe a child being subjected to conditions or circumstances which would reasonably result in abuse or neglect;
• Commercial film and photographic print processors must report when they have knowledge of or observe, within the scope of their professional capacity or employment, any film, photograph, videotape, negative, slide, or computer-generated image or picture depicting a child under the age of 17 years engaged in an act of sexual conduct.

Any legally recognized privileged communication, except that between attorney and client, or involving communications made to a minister or clergyman, shall not apply to situations involving known or suspected child abuse or neglect and shall not constitute grounds for failure to report as required or permitted, to cooperate with the division in any of its activities, or to give or accept evidence in any judicial proceeding relating to child abuse or neglect.

• Physicians; residents; interns; members of hospitals' staffs engaged in the admission, examination, care, or treatment of persons; nurses; osteopaths; chiropractors; podiatrists; medical examiners; coroners; dentists; optometrists; any other health professionals;
• School teachers; other school officials; employees who work during regular school hours; operators or employees of any registered or licensed day-care or substitute care facility; any other operators or employees of child care facilities;
• Mental health professionals; social workers;
• Christian Science practitioners; religious healers; foster care, residential, or institutional workers; members of clergy; guardians ad litem, court appointed advocates authorized to investigate a report;
• Peace officers; other law enforcement officials;
• Staff of a resource and referral grant program organized under § 52-2-711 or of a child and adult food care program; or employees of an entity that contracts with the department to provide direct services to children.

• When they know or have reasonable cause to suspect, as a result of information they receive in their professional or official capacity, that a child is abused or neglected.

Except as provided in the subsections below, a person listed as a mandated reporter may not refuse to make a report as required in this section on the grounds of a physician-patient or similar privilege.

A clergyperson or priest is not required to make a report under this section if:

• The knowledge or suspicion of the abuse or neglect came from a statement or confession made to the clergyperson or priest in that person's capacity as a clergyperson or priest;
• The statement was intended to be a part of a confidential communication between the clergyperson or priest and a member of the clergyperson's or priest's church or congregation; and
• The person who made the statement or confession does not consent to the disclosure by the clergyperson or priest.

A clergyperson or priest is not required to make a report under this section if the communication is required to be confidential by canon law, church doctrine, or established church practice.

• Physicians; medical institutions; nurses;
• School employees;
• Social workers;
• Any other persons.

• When they have reasonable cause to believe that a child has been subjected to abuse or neglect;
• When they observe a child being subjected to conditions or circumstances which reasonably would result in abuse or neglect.

The privileged communication between patient and physician, between client and professional counselor, and between husband and wife shall not be a ground for excluding evidence in any judicial proceeding resulting from a report pursuant to the reporting laws.

• Physicians; dentists; dental hygienists; chiropractors; optometrists; pediatric physicians; medical examiners; residents; interns; professional or practical nurses; physician assistants;
• Advanced emergency medical technicians; other persons providing medical services licensed or certified in this State; any personnel of hospitals or similar institutions engaged in the admission, examination, care, or treatment of persons; administrators, managers, or other persons in charge of hospitals or similar institutions upon notification of suspected child abuse or neglect by staff members;
• Coroners;
• School administrators, teachers, or librarians; school counselors;
• Any persons who maintain or are employed by facilities or establishments that provide care for children, children's camps, or other facilities, institutions, or agencies furnishing care to children;
• Psychiatrists; psychologists; marriage and family therapists; alcohol or drug abuse counselors; social workers;
• Any persons who maintain, are employed by, or serve as volunteers for agencies or services that advise persons regarding child abuse or neglect and refer them to persons and agencies where their requests and needs can be met;
• Clergymen, practitioners of Christian Science, or religious healers, unless they have acquired the knowledge of the abuse or neglect from the offenders during confessions;
• Persons licensed to conduct foster homes;
• Officers or employees of law enforcement agencies; adult or juvenile probation officers; attorneys, unless they have acquired the knowledge of the abuse or neglect from clients who are, or may be, accused of the abuse or neglect; and
• Any person who is employed by or serves as a volunteer for an approved youth shelter.

• When they, in their professional or occupational capacities, know or have reason to believe that a child has been abused or neglected;
• When they have reasonable cause to believe that a child has died as a result of abuse or neglect.

Any person who is required to make a report may not invoke any of the privileges set forth in statute:

• For his failure to make a report pursuant to § 432B.220;
• In cooperating with an agency which provides child welfare services or a guardian ad litem for a child; or
• In any proceeding held pursuant to the child protection laws.

• Physicians; surgeons; county medical examiners; psychiatrists; residents; interns; dentists; osteopaths; optometrists; chiropractors; registered nurses; hospital personnel (engaged in admission, examination, care, and treatment of persons);
• Teachers; school officials; school nurses; school counselors; day-care workers; any other child or foster care workers; social workers;
• Psychologists; therapists; Christian Science practitioners; priests; ministers; rabbis;
• Law enforcement officials;
• Any other persons.

• When they have reason to suspect that a child has been abused or neglected.

The privileged quality of communication between husband and wife an any professional person [including a priest, minister, or rabbi] and his patient or client, except that between attorney and client, shall not apply to proceedings instituted pursuant to this chapter and shall not constitute grounds for failure to report as required by this chapter.

• Any person.

Any person having reasonable cause to believe that a child has been subjected to child abuse or acts of child abuse shall report the same immediately to the Division of Youth and Family Services by telephone or otherwise.

• Every person;
• Licensed physicians, residents, or interns examining, attending, or treating a child;
• Law enforcement officers; judges presiding during any proceeding;
• Registered nurses; visiting nurses;
• Schoolteachers or school officials; or
• Social workers.

Any mandated reporter, acting in an official capacity, who knows or has a reasonable suspicion that a child is an abused or a neglected child.

In any proceeding alleging neglect or abuse under law resulting from a report required, or in any proceeding in which that report or any of its contents are sought to be introduced in evidence, the report or its contents or any other facts related thereto or to the condition of the child who is the subject of the report shall not be excluded on the ground that the matter is or may be the subject of a physician-patient privilege or similar privilege or rule against disclosure.

• Physicians; registered physician assistants; surgeons; medical examiners; coroners; dentists; dental hygienists; osteopaths; optometrists; chiropractors; podiatrists; residents; interns; registered nurses; emergency medical technicians; hospital personnel engaged in the admission, examination, care or treatment of persons; or a Christian Science practitioner;
• School officials; social services workers; day-care center workers; providers of family or group family day-care; employees or volunteers in a residential care facility; or any other child care or foster care worker;
• Psychologists, mental health professionals; substance abuse counselors; or alcoholism counselors;
• Peace officers; police officers; district attorneys or assistant district attorneys; investigators employed in the office of a district attorney; or other law enforcement officials.

• When they have reasonable cause to suspect that a child coming before them in their professional or official capacity is an abused or maltreated child; or
• When they have reasonable cause to suspect that a child is an abused or maltreated child where the parent, guardian, custodian or other person legally responsible for such child comes before them in their professional or official capacity and States from personal knowledge facts, conditions or circumstances which, if correct, would render the child an abused or maltreated child.

• Any person or institution.

• When they have cause to suspect that any juvenile is abused, neglected, dependent, or has died as a result of maltreatment.

No privilege shall be grounds for any person or institution failing to report that a juvenile may have been abused, neglected, or dependent, even if the knowledge or suspicion is acquired in an official professional capacity, except when the knowledge is gained by an attorney from that attorney's client during representation only in the abuse, neglect, or dependency case.

No privilege, except the attorney-client privilege, shall be grounds for excluding evidence of abuse, neglect, or dependency in any judicial proceeding (civil, criminal, or juvenile) in which a juvenile's abuse, neglect, or dependency is in issue nor in any judicial proceeding resulting from a report submitted under this Article, both as this privilege relates to the competency of the witness and to the exclusion of confidential communications.

• Physicians; nurses; dentists; optometrists; medical examiners or coroners; or any other medical or mental health professionals or religious practitioners of the healing arts;
• Schoolteachers or administrators; school counselors; addiction counselors; social workers; day-care center or any other child care workers;
• Police or law enforcement officers, or members of the clergy.

When they have knowledge of or reasonable cause to suspect that a child is abused or neglected, or has died as a result of abuse or neglect, shall report the circumstances to the department if the knowledge or suspicion is derived from information received by that person in that person's official or professional capacity.

A member of the clergy, however, is not required to report such circumstances if the knowledge or suspicion is derived from information received in the capacity of a spiritual advisor.

Any privilege of communication between husband and wife or between any professional person and the person's patient or client, except between attorney and client, is abrogated and does not constitute grounds for preventing a report to be made or for excluding evidence in any proceeding regarding child abuse, neglect, or death resulting from abuse or neglect resulting from a report made under this chapter.

• Physicians, including hospital interns or residents; dentists; podiatrists; practitioners of limited branches of medicine or surgery; registered nurses; licensed practical nurses; visiting nurses; other health care professionals; speech pathologists; audiologists; coroners;
• Licensed school psychologists; administrators or employees of child day-care centers, certified child care agencies, or other children services agencies; residential camps, or day camps; school teachers; school employees; school authorities;
• Licensed psychologists; social workers; counselors;
• Persons rendering spiritual treatment through prayer in accordance with the tenets of a well-recognized religion;
• Attorneys.

When they are acting in their official or professional capacities and know or suspect that a child under 18 years or a mentally retarded, developmentally disabled, or physically impaired child under 21 years has suffered or faces a threat of suffering any physical or mental wound, injury, disability, or condition of a nature that reasonably indicates child abuse or neglect.

An attorney or a physician is not required to make a report concerning any communication made to him or her by one of his or her clients in the attorney-client relationship or the physician-patient relationship if the attorney or physician could not testify with respect to that communication in a civil or criminal proceeding, except that the client/patient is deemed to have waived any testimonial privilege with respect to that communication and the attorney or physician shall make a report with respect to that communication, if all of the following apply:

• The client or patient, at the time of the communication, is either a child under 18 years of age or a physically or mentally handicapped person under 21 years of age;
• The attorney or physician knows or suspects, as a result of the communication or any observations made during that communication, that the client or patient has suffered or faces a threat of suffering any physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of the client or patient; and
• The attorney-client relationship or the physician-patient relationship does not arise out of the client's or patient's attempt to have an abortion without the notification of her parents, guardian, or custodian.

The physician-patient privilege shall not be a ground for excluding evidence regarding a child's injuries, abuse, or neglect, or the cause of the injuries, abuse, or neglect, in any judicial proceeding resulting from a report submitted pursuant to the reporting laws.

• Physicians or surgeons, including doctors of medicine and dentistry, licensed osteopathic physicians, residents and interns, examining, attending, or treating a child under the age of 18 years;
• Registered nurses examining, attending, or treating such child in the absence of physicians or surgeons;
• Teachers of any child under the age of 18 years;
• Commercial film and photographic print processors;
• Any other person.

• When they have reason to believe that a child under the age of 18 years is a victim of abuse or neglect;
• When a health care professional examines, attends, or treats the victim of what appears to be criminally injurious conduct, including, but not limited to, child physical or sexual abuse.
• When a health care professional attends the birth of a child who tests positive for alcohol or a controlled dangerous substance;
• When any commercial film and photographic print processor has knowledge of or observes, within the scope of his professional capacity or employment, any film, photograph, video tape, negative, or slide, depicting a child under the age of 18 years engaged in an act of sexual conduct.

In any proceeding resulting from a report made pursuant to the reporting laws or in any proceeding where such a report or any contents of the report are sought to be introduced into evidence, such report, contents, or other fact related thereto or to the condition of the child or victim who is the subject of the report shall not be excluded on the ground that the matter is or may be the subject of a physician-patient privilege or similar privilege or rule against disclosure.

Public or private officials:

• Physicians, including interns or residents; dentists; school employees; licensed practical nurses or registered nurses;
• Employees of the Department of Human Resources, State Commission on Children and Families, Child Care Division of the Employment Department, the Oregon Youth Authority, a county health department, a community mental health and developmental disabilities program, a county juvenile department, a licensed child-caring or an alcohol and drug treatment program;
• Peace officers; psychologists; members of clergy; licensed clinical social workers; optometrists; chiropractors; certified providers of foster care; or employees thereof;
• Attorneys; naturopathic physicians; licensed professional counselors; licensed marriage and family therapists; firefighters; emergency medical technicians; court appointed special advocates; child care providers.

When they have reasonable cause to believe that any child with whom the official comes in contact has suffered abuse or that any person with whom the official comes in contact has abused a child.

Nothing shall affect the duty to report imposed by the reporting laws, except that a psychiatrist, psychologist, member of clergy or attorney shall not be required to report such information communicated by a person if the communication is privileged under the law.

An attorney is not required to make a report under this section by reason of information communicated to the attorney in the course of representing a client, if disclosure of the information would be detrimental to the client.

• Licensed physicians, osteopaths, medical examiners coroners, funeral directors, dentists, optometrists, chiropractors, podiatrists, interns, registered nurses, licensed practical nurses, hospital personnel engaged in the admission, examination, care or treatment of persons, Christian Science practitioners;
• Members of the clergy, school administrators, school teachers, school nurses, social services workers, day-care center workers or any other child-care or foster-care workers, mental health professionals, peace officers or law enforcement officials.

When, in the course of their employment, occupation or practice of their profession, they come into contact with children who they have reasonable cause to suspect, on the basis of their medical, professional or other training and experience, that a child coming before them in their professional or official capacity is an abused child.

Except with respect to confidential communications made to an ordained member of the clergy which are protected under law relating to confidential communications to clergymen, the privileged communication between any professional person required to report and the patient or client of that person shall not apply to situations involving child abuse and shall not constitute grounds for failure to report as required by this chapter.

• Any person;
• Any physician or duly certified registered nurse practitioner.

• When they have reasonable cause to know or suspect that any child:
  - Has been abused or neglected;
  - Has been a victim of sexual abuse by another child;
• When any physician or duly certified registered nurse practitioner have cause to suspect that a child brought to them or coming to them for examination, care, or treatment is an abused or neglected child or when they determine that a child under the age of 12 years is suffering from any sexually transmitted disease.

The privileged quality of communication between husband and wife and any professional person and his or her patient or client, except that between attorney and client, is hereby abrogated in situations involving known or suspected child abuse or neglect and shall not constitute grounds for failure to report as required by this chapter, failure to cooperate with the department in its activities pursuant to this chapter, or failure to give or accept evidence in any judicial proceeding relating to child abuse or neglect. In any family court proceeding relating to child abuse or neglect, notwithstanding the provisions of other statutes, no privilege of confidentiality may be invoked with respect to any illness, trauma, incompetency, addiction to drugs, or alcoholism of any parent.

• Physicians; nurses; dentists; optometrists; medical examiners or coroners; employees of county medical examiners' or coroners' offices; any other medical, emergency medical services, or allied health professionals;
• School teachers or counselors; child care workers in any day-care centers or foster care facilities; principals; assistant principals;
• Any mental health professionals; Christian Science practitioners; religious healers; social or public assistance workers; substance abuse treatment staff;
• Police or law enforcement officers; judges; undertakers; funeral home directors; or employees of funeral homes;
• Persons responsible for the processing of films; computer technicians.

• When, in their professional capacity, the person has received information which gives the person reason to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect.

The privileged quality of communication between husband and wife and any professional person and his patient or client, except for that between an attorney and client or priest and penitent, is abrogated and does not constitute grounds for failure to report, or the exclusion of evidence in a civil protective proceeding resulting from a report.

• Physicians; dentists; doctors of osteopathy; chiropractors; optometrists; podiatrists; hospital interns or residents; nurses; coroners;
• Teachers; school counselors; school officials; licensed or registered child welfare providers;
• Mental health professionals or counselors; psychologists; social workers; chemical dependency counselors; employees or volunteers of domestic abuse shelters; religious healing practitioners;
• Parole or court services officers; law enforcement officers;
• Any safety-sensitive position, as defined in § 23-3-64 [any law enforcement officer authorized to carry firearms and any custody staff employed by any agency responsible for the rehabilitation or treatment of any adjudicated adult or juvenile].

• When they have reasonable cause to suspect that a child under the age of 18 has been abused or neglected.

The privilege of confidentiality set forth in statutes regarding physician-patient privilege, husband-wife privilege, school counselor-student privilege, and social worker-client privilege may not be claimed in any judicial proceeding involving an alleged abused or neglected child or resulting from the giving or causing the giving of a report concerning abuse or neglect of a child pursuant to the reporting laws.

• Physicians; osteopathic physicians; medical examiners; chiropractors; nurses or hospital personnel engaged in the admission, examination, care, or treatment of persons; other health or mental health professionals;
• School teachers; other school officials or personnel; day-care center workers; other professional child care, foster care, residential, or institutional workers;
• Social workers; practitioners who rely solely on spiritual means for healing;
• Judges of any court of the State; law enforcement officers;
• Neighbors; relatives; friends;
• Any other person.

• When they have knowledge of or are called upon to render aid to any child who is suffering from or has sustained any wound, injury, disability, or physical or mental condition which:
  - Is of such a nature as to reasonably indicate that it has been caused by brutality, abuse, or neglect; or
  - On the basis of available information, reasonably appears to have been caused by brutality, abuse, or neglect;
• When they know or have reasonable cause to suspect that a child has been sexually abused.

Neither the husband-wife privilege nor psychiatrist-patient privilege nor the psychologist-patient privilege is a ground for excluding evidence regarding harm or the cause of harm to a child in any dependency and neglect proceeding resulting from a report of such harm or a criminal prosecution for severe child abuse.

• Any person;
• Professionals, including teachers, nurses, doctors, day-care employees, juvenile probation officers, juvenile detention or correctional officers, and employees of a clinic or health care facility that provides reproductive services.

• When a person has cause to believe that a child's physical or mental health or welfare has been adversely affected by abuse or neglect;
• If a professional has cause to believe that a child has been abused or neglected or may be abused or neglected or that a child is a victim of an offense under Sec. 21.11, Penal Code;
• When the reporter believes that a child has been or may be abused or neglected of has died of abuse or neglect.

The requirement to report under this section applies without exception to an individual whose personal communications may otherwise be privileged, including an attorney, a member of the clergy, a medical practitioner, a social worker, a mental health professional, and an employee of a clinic or health care facility that provides reproductive services.

• Any person licensed under the Medical Practice Act or the Nurse Practice Act;
• Any person.

• When they have reason to believe that a child has been subjected to:
  - Incest;
  - Molestation;
  - Sexual exploitation;
  - Sexual abuse;
  - Physical abuse; or
  - Neglect;
• When they observe a child being subjected to conditions or circumstances which would reasonably result in sexual abuse, physical abuse, or neglect.

The reporting requirements do not apply to a clergyman or priest, without the consent of the person making the confession, with regard to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs, if:

• The confession was made directly to the clergyman or priest by the perpetrator; and
• The clergyman or priest is, under canon law or church doctrine or practice, bound to maintain the confidentiality of that confession.

When the clergyman or priest receives information about abuse or neglect from any source other than confession of the perpetrator, he is required to give notification on the basis of that information even though he may have also received a report of abuse or neglect from the confession of the perpetrator.

Exemption of notification requirements for a clergyman or priest does not exempt a clergyman or priest from any other efforts required by law to prevent further abuse or neglect by the perpetrator.

The physician-patient privilege is not a ground for excluding evidence regarding a child's injuries or the cause of those injuries, in any proceeding resulting from a report made in good faith pursuant to the reporting law.

• Physicians, surgeons, osteopaths, chiropractors, physician's assistants, resident physicians, interns, or hospital administrators in any hospital in this State, whether not so registered, and registered nurses, licensed practical nurses, medical examiners, dentists, psychologists, or other health care providers;
• School superintendents, school teachers, school librarians, day-care workers, school principals, school guidance counselors, mental health professionals, or social workers;
• Probation officers, police officers, camp owners, camp administrators or camp counselors.

When they have reasonable cause to believe that any child has been abused or neglected. As used in this subsection, "camp" includes any residential or nonresidential recreational program.

• Persons licensed to practice medicine or any of the healing arts; hospital residents or interns; persons employed in the nursing profession; other professional staff persons employed by hospitals, institutions, or facilities to which children have been committed or placed for care and treatment; duly accredited Christian Science practitioners;
• Teachers or other persons employed in public or private schools, kindergartens, or nursery schools; persons providing child care for pay on a regularly planned basis;
• Persons employed as social workers; mental health professionals; any persons associated with or employed by private organizations responsible for the care, custody, and control of children;
• Probation officers; law-enforcement officers; mediators eligible to receive court referrals; court-appointed special advocates.

• When in their professional or official capacity, they have reason to suspect that a child is an abused or neglected child.

In any legal proceeding resulting from the filing of any report or complaint pursuant to the reporting laws, the physician-patient and husband-wife privileges shall not apply.

• Practitioners; county coroners or medical examiners; pharmacists; registered or licensed nurses;
• Professional school personnel; licensed or certified child care providers or their employees;
• Social service counselors; psychologists;
• Employees of the State Department of Social and Health Services; juvenile probation officers; law enforcement officers; personnel of the Department of Corrections; placement and liaison specialists;
• Responsible living skills program staff; HOPE center staff; State family and children's ombudsman or any volunteer in the ombudsman's office;
• Any adult with whom a child resides.

• When they have reasonable cause to believe that a child has suffered abuse or neglect;
• The reporting requirement does not apply to the discovery of abuse or neglect that occurred during childhood if it is discovered after the child has become an adult. However, if there is reasonable cause to believe other children are or may be at risk of abuse or neglect by the accused, the reporting requirements shall apply.

Conduct conforming with the reporting requirements shall not be deemed a violation of the confidential communication privilege of §§ 5.60.060 [pertaining to husband-wife, attorney-client, clergy-penitent, and physician-patient privilege], 18.53.200 [pertaining to optometrist-patient privilege], and 18.83.110 [pertaining to psychologist-client privilege].

• Medical, dental, or mental health professionals; emergency medical services personnel;
• School teachers or other school personnel; child care workers or foster care workers;
• Christian Science practitioners; religious healers; social service workers;
• Peace officers or law-enforcement officials; members of the clergy; circuit court judges; family law masters; employees of the division of juvenile services; or magistrates.

• When they have reasonable cause to suspect that a child is neglected or abused;
• When they observe the child being subjected to conditions that are likely to result in abuse or neglect;
• When they believe that a child has suffered serious physical abuse or sexual abuse or sexual assault.

The privileged quality of communications between husband and wife and between any professional person and his or her patient or client, except that between attorney and client, is hereby abrogated in situations involving suspected or known child abuse or neglect.

• Physicians; coroners; medical examiners; nurses; dentists; chiropractors; optometrists; acupuncturists; other medical or mental health professionals; physical therapists; dietitians; occupational therapists; speech-language pathologists; audiologists; emergency medical technicians;
• School teachers, administrators or counselors; child care workers in day-care centers or child caring institutions; day-care providers;
• Alcohol or other drug abuse counselors; members of the treatment staff employed by or working under contract with a county department; marriage and family therapists; professional counselors;
• Social workers; public assistance workers, including a financial and employment planner; police or law enforcement officers; mediators; court appointed special advocates.

• When they have reasonable cause to suspect that a child seen in the course of professional duties has been abused or neglected;
• When they have reason to believe that a child seen in the course of professional duties has been threatened with abuse or neglect and that abuse or neglect of the child will occur.

The following persons are not required to report sexual intercourse or sexual contact involving a child as suspected or threatened abuse:

• Health care providers who provide any health care service to a child; or
• Persons who obtain information about a child who is receiving or has received health care services from a health care provider.

Mandated reporters shall report if they have any reasonable doubt as to the voluntariness of the child's participation in the sexual contact or sexual intercourse or if they have reason to suspect any of the following:

• That the sexual intercourse or sexual contact occurred or is likely to occur with a caregiver;
• That the child suffered or suffers from a mental illness or mental deficiency that rendered or renders the child temporarily or permanently incapable of understanding or evaluating the consequences of his or her actions;
• That the child, because of his or her age or immaturity, was or is incapable of understanding the nature or consequences of sexual intercourse or sexual contact;
• That the child was unconscious at the time of the act or for any reason was physically unable to communicate unwillingness to engage in sexual intercourse or sexual contact; or
• That another participant in the sexual contact or sexual intercourse was exploiting the child.

• Any person.

• Who knows or has reasonable cause to believe or suspect that a child has been abused or neglected;
• Who observes any child being subjected to conditions or circumstances that would reasonably result in abuse or neglect.

Evidence regarding a child in any judicial proceeding resulting from a report made pursuant to the reporting laws shall not be excluded on the ground it constitutes a privileged communication:

• Between husband and wife;
• Claimed under any provision of law other than § 1-12-101(a)(i) [regarding attorney-client or physician-patient privilege] and § 1-12-101(a)(ii) [regarding privilege of a clergyman or priest as it relates to a confession made to him in his professional character if enjoined by the church to which he belongs;

Claimed pursuant to § 1-12-116 regarding the confidential communication between a family violence and sexual assault advocate and victim.