Clergy as Mandatory Reporters of Child Abuse and Neglect

Citation: N.M. Stat. Ann. § 32A-4-3(A)
Every person, including a member of the clergy who has information that is not privileged as a matter of law, who knows or has a reasonable suspicion that a child is an abused or a neglected child shall report the matter immediately.

Mandatory Reporters of Child Abuse and Neglect

Professionals Required to Report
Citation: Ann. Stat. § 32A-4-3
Professionals required to report include:

• Physicians, residents, or interns

• Law enforcement officers or judges

• Nurses

• Teachers or school officials

• Social workers

• Members of the clergy

Reporting by Other Persons
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 immediately.

Institutional Responsibility to Report
Not addressed in statutes reviewed.

Standards for Making a 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.

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.

Inclusion of Reporter's Name in Report
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.

Updated 06/01/2016

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