RHODE ISLAND

MANDATORY REPORTING LAWS

MANDATORY REPORTING LAWS

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Professionals required to report

Citation: Gen. Laws § 40-11-6

Any physician, duly certified registered nurse practitioner, or other health-care provider is required to report.

Other persons required to report

Citation: Gen. Laws § 40-11-3(a)

Any person who has reasonable cause to know or suspect that a child has been abused or neglected must report.

Institutional responsibility to report

This issue is not addressed in the statutes reviewed.

WHAT ARE THEY REQUIRED TO REPORT

Citation: Gen. Laws §§ 40-11-3(a); 40-11-6

A report is required when the following apply:

• A person has reasonable cause to know or suspect that a child has been abused or neglected.
• The following apply to a physician, nurse practitioner, or other health-care provider:
» He or she is involved in the delivery or care of infants born with, or identified as being affected by, substance abuse or
withdrawal symptoms resulting from prenatal drug exposure or a fetal alcohol spectrum disorder.
» He or she has cause to suspect that a child brought to them for treatment is an abused or neglected child.
» He or she determines that a child younger than age 12 is suffering from any sexually transmitted disease.

PENALTIES FOR FAILING TO REPORT

Citation: Gen. Laws § 40-11-6.1

Any mandatory reporter who knowingly fails to report as required or who knowingly prevents any person acting reasonably from doing so shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than $500 or imprisonment for not more than 1 year or both.

In addition, any mandatory reporter who knowingly fails to perform any act required by the reporting laws or who knowingly prevents another person from performing a required act shall be civilly liable for the damages proximately caused by that failure.

PENALTIES FOR FALSE REPORTING

Citation: Gen. Laws § 40-11-3.2

Any person who knowingly and willingly makes or causes a false report of child abuse or neglect to be made to the Department of Children, Youth and Families shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or imprisoned for not more than 1 year or both.

PRIVILEGED COMMUNICATIONS

Citation: Gen. Laws § 40-11-11

The privileged quality of communication between husband and wife and any professional person and his or her patient or client, except that between attorney and client, shall not constitute grounds for failure to report.

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.

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