Clergy as Mandatory Reporters of Child Abuse and Neglect

Citation: Idaho Code § 16-1605
Any other person having reason to believe that a child has been abused, abandoned, or neglected shall report or cause a report to be made within 24 hours.

The term 'duly ordained minister of religion' means a person who has been ordained or set apart, in accordance with the ceremony, ritual, or discipline of a church or religious organization that has been established on the basis of a community of religious faith, belief, doctrines, and practices, to hear confessions and confidential communications in accordance with the bona fide doctrines or discipline of that church or religious organization.

The notification requirements do not apply to a duly ordained minister of religion, with regard to any confession or confidential communication made to him or her in his or her ecclesiastical capacity in the course of discipline enjoined by the church to which he or she belongs if:

• The church qualifies as tax-exempt under Federal law.

• The confession or confidential communication was made directly to the duly ordained minister of religion.

• The confession or confidential communication was made in the manner and context that places the duly ordained minister specifically and strictly under a level of confidentiality that is considered inviolate by canon law or church doctrine.

A confession or confidential communication made under any other circumstances does not fall under this exemption.

Mandatory Reporters of Child Abuse and Neglect

Professionals Required to Report
Citation: Idaho 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

Reporting by Other Persons
Citation: Idaho 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: Idaho 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.

Standards for Making a Report
Citation: Idaho Code § 16-1605
A report is required when:

• 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.

Privileged Communications
Citation: Idaho 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.

Inclusion of Reporter's Name in Report
Not addressed in statutes reviewed.

Disclosure of Reporter Identity
Not addressed in statutes reviewed.

Updated 06/01/2016

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