VERMONT

MANDATORY REPORTING LAWS

MANDATORY REPORTING LAWS

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Professionals required to report

Citation: Ann. Stat. Tit. 33, § 4913
Mandatory reporters include the following:

• Health-care providers, including physicians, surgeons, osteopaths, chiropractors, physician assistants, resident physicians,
interns, hospital administrators, nurses, medical examiners, emergency medical personnel, dentists, psychologists, and
pharmacists
• Individuals who are employed or contracted and paid by a school district or an approved or recognized independent school,
including school superintendents, headmasters, teachers, student teachers, school librarians, school principals, and school
guidance counselors
• Child care workers
• Mental health professionals and social workers
• Police officers and probation officers
• Employees, contractors, and grantees of the Agency of Human Services who have contact with clients
• Camp owners, camp administrators, and camp counselors
• Members of the clergy

Other persons required to report

Citation: Ann. Stat. Tit. 33, § 4913
Any other concerned person who has reasonable cause to believe that a child has been abused or neglected may report.

Institutional responsibility to report

Citation: Ann. Stat. Tit. 33, § 4913
An employer or supervisor shall not discharge; demote; transfer; reduce pay, benefits, or work privileges; prepare a negative work performance evaluation; or take any other action detrimental to any employee because that employee filed a good-faith report in accordance with the provisions of this subchapter. Any person making a report under this subchapter shall have a civil cause of action for appropriate compensatory and punitive damages against any person who causes detrimental changes in the employment status of the reporting party by reason of his or her making a report.

WHAT ARE THEY REQUIRED TO REPORT

Citation: Ann. Stat. Tit. 33, § 4913
A report is required when a mandated reporter reasonably suspects the abuse or neglect of a child.

PENALTIES FOR FAILING TO REPORT

Failure to Report
Citation: Ann. Stat. Tit. 33, § 4913(d)(2); (f)
An employer or supervisor shall not discharge; demote; transfer; reduce pay, benefits, or work privileges; prepare a negative work performance evaluation; or take any other action detrimental to any employee because that employee filed a good faith report in accordance with the provisions of this subchapter. Any person making a report under this subchapter shall have a civil cause of action for appropriate compensatory and punitive damages against any person who causes detrimental changes in the employment status of the reporting party by reason of his or her making a report.

A person who violates the law requiring mandated reporters to report suspected child abuse or neglect shall be fined no more than $500.

A person who violates the reporting laws with the intent to conceal abuse or neglect of a child shall be imprisoned no more than 6 months or fined for no more than $1,000, or both.

 

PENALTIES FOR FALSE REPORTING

This issue is not addressed in the statutes reviewed.

PRIVILEGED COMMUNICATIONS

Citation: Ann. Stat. Tit. 33, § 4913
A person may not refuse to make a report required by this section on the grounds that making the report would violate a privilege or disclose a confidential communication, except that a member of the clergy is not required to report if the knowledge comes from a communication that is required to be kept confidential by religious doctrine.

REPORTER’S IDENTITY

Citation: Ann. Stat. Tit. 33, § 4914
Reports shall contain the name and address or other contact information of the reporter.

Disclosure of Reporter Identity
Citation: Ann. Stat. Tit. 33, § 4913
The name of and any identifying information about either the person making the report or any person mentioned in the report shall be confidential unless any of the following apply:

• The person making the report specifically allows disclosure.
• A Human Services Board proceeding or judicial proceeding results from the report.
• A court, after a hearing, finds probable cause to believe that the report was not made in good faith and orders the department to make the name of the reporter available.
• A review has been requested pursuant to § 4916a of this title, and the department has determined that identifying information can be provided without compromising the safety of the reporter or the persons mentioned in the report.

The information provided is solely for informational purposes and is not legal advice. To determine the Vermont mandatory reporting laws in a particular case, contact a lawyer in the state.