Clergy as Mandatory Reporters of Child Abuse and Neglect

This issue is not addressed in the statutes reviewed.

 

Mandatory Reporters of Child Abuse and Neglect

Professionals Required to Report
Citation: Codified Laws § 26-8A-3

Mandatory reporters include:

• Physicians, dentists, osteopaths, chiropractors, optometrists, podiatrists, hospital interns or residents, nurses, or coroners

• Teachers, school counselors or officials, or licensed or registered child welfare providers

• Mental health professionals or counselors, psychologists, social workers, chemical dependency counselors, employees or volunteers of domestic abuse shelters, or religious healing practitioners

• Employees or volunteers of child advocacy organizations or child welfare service providers

• Parole or court services officers or law enforcement officers

• Any safety-sensitive position (as defined in § 23-3-64), including any law enforcement officer authorized to carry firearms and any custody staff employed by any agency responsible for the rehabilitation or treatment of any adjudicated adult or juvenile

Reporting by Other Persons
Citation: Codified Laws § 26-8A-3
Any person who knows or has reasonable cause to suspect that a child younger than age 18 has been abused or neglected may report.

Institutional Responsibility to Report
Citation: Codified Laws §§ 26-8A-6; 26-8A-7
Any person who has contact with a child through the performance of services as a member of a staff of a hospital or similar institution shall immediately notify the person in charge of the institution or his designee of suspected abuse or neglect. The person in charge shall report the information in accordance with the provisions of § 26-8A-8.

Any person who has contact with a child through the performance of services in any public or private school, whether accredited or unaccredited, as a teacher, school nurse, school counselor, school official, or administrator, or any person providing services pursuant to § 13-27-3 shall notify the school principal or school superintendent or designee of suspected abuse or neglect. The school principal or superintendent shall report the information in accordance with the provisions of § 26-8A-8. Each school district shall have a written policy on reporting of child abuse and neglect.

Standards for Making a Report
Citation: Codified Laws § 26-8A-3
A report is required when a reporter has reasonable cause to suspect that a child has been abused or neglected.

Privileged Communications
Citation: Codified Laws § 26-8A-15
The following privileges may not be claimed as a reason for not reporting:

• Physician-patient

• Husband-wife

• School counselor-student

• Social worker-client

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

Disclosure of Reporter Identity
Citation: Codified Laws § 26-8A-11.1
The name of the reporter is not disclosed unless:

• The report is determined to be unsubstantiated.

• Within 30 days, the subject of the report requests disclosure of the reporter's identity.

• A hearing is held to determine whether the report was made with malice and without reasonable foundation and that release of the name will not endanger the life or safety of the reporter.

 

Updated 06/01/2016

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