Clergy as Mandatory Reporters of Child Abuse and Neglect

Citation: N.D. Cent. Code § 50-25.1-03(1)
Any member of the clergy having knowledge of or reasonable cause to suspect that a child is abused or neglected or has died as a result of abuse or neglect shall report the circumstances to the department if the knowledge or suspicion is derived from information received by that person in that person's official or professional capacity. A member of the clergy, however, is not required to report such circumstances if the knowledge or suspicion is derived from information received in the capacity of a spiritual advisor.

Mandatory Reporters of Child Abuse and Neglect

Professionals Required to Report
Citation: Cent. Code § 50-25.1-03
The following professionals are required to report:

• Physicians, nurses, dentists, dental hygienists, optometrists, medical examiners or coroners, or any other medical or mental health professionals

• Religious practitioners of the healing arts

• Schoolteachers, administrators, or school counselors

• Addiction counselors, social workers, child care workers, or foster parents

• Police or law enforcement officers, juvenile court personnel, probation officers, division of juvenile services employees

• Members of the clergy

Reporting by Other Persons
Citation: Cent. Code § 50-25.1-03
Any other person who has reasonable cause to suspect that a child is abused or neglected may report.

Institutional Responsibility to Report
Citation: Cent. Code §§ 50-25.1-04; 50-25.1-09.1
Reports involving known or suspected institutional child abuse or neglect must be made and received in the same manner as all other reports made under this chapter.

An employer is prohibited from retaliating against an employee solely because the employee in good faith reported having reasonable cause to suspect that a child was abused or neglected, or died as a result of abuse or neglect, or because the employee is a child with respect to whom a report was made.

There is a rebuttable presumption that any adverse action within 90 days of a report is retaliatory. For purposes of this subsection, an 'adverse action' is action taken by an employer against the person making the report or the child with respect to whom a report was made, including:

• Discharge, suspension, termination, or transfer from any facility, institution, school, agency, or other place of employment

• Discharge from or termination of employment

• Demotion or reduction in remuneration for services

• Restriction or prohibition of access to any facility, institution, school, agency, or other place of employment or persons affiliated with it

Standards for Making a Report
Citation: Cent. Code § 50-25.1-03
A report is required when a reporter has knowledge of or reasonable cause to suspect that a child is abused or neglected, if the knowledge or suspicion is derived from information received by that person in that person's official or professional capacity.

A person who has knowledge of or reasonable cause to suspect that a child is abused or neglected based on images of sexual conduct by a child discovered on a workplace computer shall report the circumstances to the department.

Privileged Communications
Citation: Cent. Code §§ 50-25.1-03; 50-25.1-10
A member of the clergy is not required to report such circumstances if the knowledge or suspicion is derived from information received in the capacity of spiritual adviser.

Any privilege of communication between husband and wife or between any professional person and the person's patient or client, except between attorney and client, cannot be used as grounds for failing to report.

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

Disclosure of Reporter Identity
Citation: Cent. Code § 50-25.1-11
All reports are confidential and must be made available to a parent, the child's guardian, and any person who is the subject of a report; provided, however, that the identity of persons reporting or supplying information is protected.

Updated 06/01/2016

Return to State List