MANDATORY REPORTING LAWS

WHAT ARE THEY REQUIRED TO REPORT

Citation: Children’s Code Art. 609; 610
A report is required when any of the following apply:
• A reporter has cause to believe that a child’s physical or mental health or welfare is endangered as a result of abuse or neglect.
• A commercial film or photographic print processor has knowledge of or observes any film, photograph, videotape, negative, or slide depicting a child, whom he or she knows or should know is under age 17, that constitutes child pornography.
• A physician has cause to believe that a newborn was exposed in utero to an unlawfully used controlled dangerous substance, as determined by a toxicology test upon the newborn that may be administered without the consent of the newborn’s parents or guardian. Positive test results shall not be admissible in a criminal prosecution.
• A physician observes symptoms of withdrawal in a newborn or other observable and harmful effects in his or her physical appearance or functioning that the physician has cause to believe are due to the chronic or severe use of alcohol by the
mother during pregnancy.

PENALTIES FOR FAILING TO REPORT

Failure to Report
Citation: Children’s Code Art. 609; Rev. Stat. § 14:403
Violation of the duties imposed upon a mandatory reporter subjects the offender to criminal prosecution.

Any person who is required to report the abuse or neglect of a child and knowingly and willfully fails to do so shall be fined no more than $500 or imprisoned for no more than 6 months, or both.

Any person who is required to report the sexual abuse of a child or the abuse or neglect of a child that results in the serious bodily injury, neurological impairment, or death of the child and knowingly and willfully fails to report shall be fined no more than $3,000 or imprisoned with or without hard labor for no more than 3 years, or both. The term ‘serious bodily injury’ includes, but is not limited to, injury involving protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ, or mental faculty; substantial risk of death; or injury resulting from starvation or malnutrition.

Notwithstanding the provisions above, any person who is age 18 or older who witnesses the sexual abuse of a child and knowingly and willfully fails to report the sexual abuse to law enforcement or to the Department of Children and Family Services, as required by law, shall be fined no more than $10,000 or imprisoned with or without hard labor for no more than 5 years, or both.

PENALTIES FOR FALSE REPORTING

False Reporting
Citation: Children’s Code Art. 609; Rev. Stat. § 14:403(A)(3)
The filing of a report that is known to be false may subject the offender to criminal prosecution.

Any person who reports a child as abused or neglected or sexually abused to the department or to any law enforcement agency knowing that such information is false shall be fined no more than $500 or imprisoned for no more than 6 months, or both.

PRIVILEGED COMMUNICATIONS

Citation: Children’s Code Art. 603(17); 609
A clergy member is not required to report a confidential communication from a person to a member of the clergy who, in the course of the discipline or practice of that church, denomination, or organization, is authorized or accustomed to hearing confidential communications and, under the discipline or tenets of the church, denomination, or organization, has a duty to keep such communications confidential.

Notwithstanding any other provision of law to the contrary, when representing a child in a case arising out of this code, a mental health or social service practitioner shall not be considered a mandatory reporter under the following limited circumstances:

• When the practitioner is engaged by an attorney to assist in the rendition of professional legal services to that child
• When the information that would serve as the basis for reporting arises in furtherance of facilitating the rendition of those professional legal services to that child
• When the information that would serve as the basis for reporting is documented by the mental health/social service practitioner

The documentation shall be retained by the mental health/social service practitioner until 1 year after the child has reached the age of majority. 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.

REPORTER’S IDENTITY

Inclusion of Reporter’s Name in Report
Citation: Children’s Code Art. 610
The report must include the name and address of the reporter.

Disclosure of Reporter Identity
Citation: Rev. Stat. § 46:56(F)(8)(b)
The Department of Children and Family Services shall not disclose identifying information concerning an individual who initiated a report or complaint of alleged child abuse or neglect, except that the department shall disclose such information pursuant to a court order after the court has reviewed, in camera, the department’s case record and finds reason to believe that the reporter knowingly made a false report.