IDAHO
MANDATORY REPORTING LAWS
MANDATORY REPORTING LAWS
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Professionals required to report
“Citation: Ann. Code § 16-1605
The following persons are required to report:
• Physicians, residents on hospital staffs, interns, nurses, or coroners
• Teachers or daycare personnel
• Social workers or law enforcement personnel
• Other persons”
Other persons required to report
“Citation: Ann. Code § 16-1605
Any person who has reason to believe that a child has been abused, abandoned, or neglected is required to report.”
Institutional responsibility to report
“Citation: Ann. Code § 16-1605
When the attendance of a physician, resident, intern, nurse, daycare worker, or social worker is pursuant to the performance of
services as a member of the staff of a hospital or similar institution, he or she shall notify the person in charge of the institution, or his or her designated delegate, who shall make the necessary reports.”
WHAT ARE THEY REQUIRED TO REPORT
“Citation: Ann. Code § 16-1605
A report is required when either of the following apply:
• A person has reason to believe that a child has been abused, abandoned, or neglected.
• A person observes a child being subjected to conditions or circumstances that would reasonably result in abuse, abandonment, or neglect.”
PENALTIES FOR FAILING TO REPORT
“Failure to Report
Citation: Ann. Code § 16-1605(4)
Failure to report as required by the reporting laws shall be a misdemeanor.”
PENALTIES FOR FALSE REPORTING
“False Reporting
Citation: Ann. Code § 16-1607
Any person who makes a report or allegation of child abuse, abandonment, or neglect knowing the report is false, or who reports or alleges the same in bad faith or with malice, shall be liable to the party or parties against whom the report was made for the amount of actual damages sustained or statutory damages of $2,500, whichever is greater, plus attorney’s fees and costs of suit.
If the court finds that the defendant acted with malice or oppression, the court may award treble actual damages or treble statutory damages, whichever is greater.”
PRIVILEGED COMMUNICATIONS
“Citation: Ann. Code §§ 16-1605; 16-1606
Any privilege between a husband and wife and any professional and client, except for the clergy-penitent or attorney-client privilege, shall not be grounds for failure to report.
Any privilege between husband and wife, or between any professional person—except the lawyer-client privilege and including,
but not limited to, physicians, counselors, hospitals, clinics, daycare 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.”
REPORTER’S IDENTITY
“Inclusion of Reporter’s Name in Report
The reporter is not specifically required by statute to provide his or her name in the report.
Disclosure of Reporter Identity
This issue is not addressed in the statutes reviewed.”