NEW MEXICO
MANDATORY REPORTING LAWS
MANDATORY REPORTING LAWS
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Professionals required to report
Citation: Ann. Stat. § 32A-4-3
Professionals required to report include the following:
• Licensed physicians
• Residents or interns
• Law enforcement officers or judges
• Registered nurses or visiting nurses
• Teachers or school officials
• Social workers acting in their official capacity
• Members of the clergy
Other persons required to report
Citation: Ann. Stat. § 32A-4-3
Every person who knows or has a reasonable suspicion that a child is an abused or a neglected child shall report the matter
Institutional responsibility to report
This issue is not addressed in the statutes reviewed.
WHAT ARE THEY REQUIRED TO REPORT
Citation: Ann. Stat. § 32A-4-3
A report is required when a person knows or has a reasonable suspicion that a child is abused or neglected.
PENALTIES FOR FAILING TO REPORT
Citation: Ann. Stat. § 32A-4-3(F)
Any person who violates the provisions of this section pertaining to the duty to report is guilty of a misdemeanor and shall be sentenced pursuant to § 31-19-1.
Upon conviction, the person shall be imprisoned in the county jail for a definite term that is less than 1 year, be fined not more than $1,000, or both, at the discretion of the judge.
PENALTIES FOR FALSE REPORTING
This issue is not addressed in the statutes reviewed.
PRIVILEGED COMMUNICATIONS
Citation: Ann. Stat. §§ 32A-4-3; 32A-4-5
A clergy member need not report any information that is privileged.
The report or its contents or any other facts related thereto or to the condition of the child who is the subject of the report shall not be excluded on the ground that the matter is or may be the subject of a physician-patient privilege or similar privilege or rule against disclosure.
REPORTER’S IDENTITY
Citation: Ann. Stat. § 32A-4-5
The identity of the mandated reporter will be verified before any investigation is initiated.
Disclosure of Reporter Identity
Citation: Ann. Stat. § 32A-4-33
Any release of information to a parent, guardian, or legal custodian shall not include identifying information about the reporter.