DELAWARE MANDATORY REPORTING LAWS

MANDATORY REPORTING LAWS

Professionals required to report

Citation: Ann. Code Tit. 16, § 903
Any person, agency, organization, or entity that knows or in good faith suspects child abuse or neglect shall make a report. For
purposes of this section, ‘person’ shall include, but not be limited to, the following:

• Physicians, interns, residents, nurses, or medical examiners
• Other persons in the healing arts, including persons licensed to render services in medicine, osteopathy, or dentistry
• School employees, social workers, or psychologists
• Hospitals or health-care institutions
• The Medical Society of Delaware
• Law enforcement agencies

Other persons required to report

Citation: Ann. Code Tit. 16, § 903
Any person who knows or in good faith suspects child abuse or neglect shall make a report.

Institutional responsibility to report

This issue is not addressed in the statutes reviewed.

WHAT ARE THEY REQUIRED TO REPORT

Citation: Ann. Code Tit. 16, § 903
A report is required when the reporter knows or in good faith suspects child abuse or neglect.

PENALTIES FOR FAILING TO REPORT

Citation: Ann. Code Tit. 16, § 914
Any person who violates § 903 of this title requiring certain persons to report suspected child abuse or neglect shall be liable for a civil penalty not to exceed $10,000 for the first violation and not to exceed $50,000 for any subsequent violation.

In any action brought under this section, if the court finds a violation, the court may award costs and attorneys’ fees.

PENALTIES FOR FALSE REPORTING

This issue is not addressed in the statutes reviewed.

PRIVILEGED COMMUNICATIONS

Citation: Ann. Code Tit. 16, § 909
Only attorney-client and clergy-penitent privileges are recognized.

REPORTER’S IDENTITY

Citation: Ann. Code Tit. 16, § 905
Although reports may be made anonymously, the Division of Family Services shall request the name and address of any person making a report.

This issue is not addressed in the statutes reviewed.

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