MANDATORY REPORTING LAWS

WHAT ARE THEY REQUIRED TO REPORT

Standards for Making a Report
Citation: Ann. Code Tit. 19, § 13201
A report is required when either of the following apply:

• A reporter, who in the course of his or her employment, occupation, or professional practice comes into contact with children, has reason to suspect on the basis of his or her medical, professional, or other training and experience that a child is an abused or neglected child.
• Any commercial film and photographic print processor has knowledge of or observes any film, photograph, videotape, negative, or slide depicting a child under age 18 engaged in an act of sexual conduct.

PENALTIES FOR FAILING TO REPORT

Failure to Report
Citation: Ann. Code Tit. 19, § 13207

Any person required to report who fails to report an instance of child abuse that he or she knows to exist or reasonably should know to exist is guilty of a misdemeanor that is punishable by imprisonment for a term not to exceed 6 months or a fine of no more than $1,000, or both.

A second or subsequent conviction shall be a felony in the third degree.

PENALTIES FOR FALSE REPORTING

This issue is not addressed in the statutes reviewed.

PRIVILEGED COMMUNICATIONS

Privileged Communications
Citation: Ann. Code Tit. 19, § 13201
No person may claim privileged communications as a basis for his or her refusal or failure to report suspected child abuse or neglect or to provide child protective services or the Guam Police Department with required information. Such privileges are specifically abrogated with respect to reporting suspected child abuse or neglect or of providing information to the agency.

REPORTER’S IDENTITY

Inclusion of Reporter’s Name in Report
Citation: Ann. Code Tit. 19, § 13203
Every report should include the name of the person making the report. Persons who are required by law to report shall be required to reveal their names.

Disclosure of Reporter Identity
Citation: Ann. Code Tit. 19, § 13203
The identity of the reporter shall be confidential and may be disclosed only as follows:

• Among child protective agencies
• To counsel representing a child protective agency
• To the attorney general’s office in a criminal prosecution or family court action
• To a licensing agency when abuse in licensed out-of-home care is reasonably suspected
• When the reporter waives confidentiality
• By court order