Am I Required to Report Child Abuse?

It is a must that ministers are familiar with child abuse reporting requirements according to their state law. Unfamiliarity with these requirements may lead to criminal and/or civil liability.

Lesson

It's common for many ministers to learn a minor is being abused. This can happen in many different ways, including disclosure by the victim or a friend or relative of the victim.  Also, the possibility exists for a confession by the perpetrator. Many times, ministers think they can resolve such matters via counseling with the victim or the alleged offender, without contacting civil authorities. But beware, this response can have serious legal consequences, including the following:

(1) Ministers may be "mandatory reporters" under state and would law face possible criminal prosecution for failing to comply with their state's child abuse reporting law;

(2) some other state legislatures have passed laws permitting child abuse victims to sue ministers for failing to report child abuse; and

(3) and even some courts have permitted child abuse victims to sue ministers for failing to report child abuse.

 

As a result, it is imperative for you to answer the following questions:

(1) What is the definition of reportable "child abuse" the child abuse reporting law in my state?

(2) Am I a mandatory reporter of child abuse?

(3) What if I learn of child abuse during a conversation that is protected by the clergy-penitent privilege? Am I still required to report?

(4) How do I report child abuse?

Each of these questions is addressed below.

What is child abuse?

All fifty states have enacted child abuse reporting statutes to try protect abused children and prevent future abuse. Child abuse is defined by most statutes to include physical abuse, neglect, emotional abuse, and sexual molestation. A child is usually defined as any person under the age of 18 years. Some states  limit the definition of "child abuse" to abuse that is inflicted by a parent, caretaker, or custodian.

Who are mandatory reporters of child abuse?

All fifty states identify which persons are under a legal duty to report abuse to civil authorities. In most states, such "mandatory reporters" must report both actual and logically assumed cases of child abuse. Failure to do this would be a crime (usually a misdemeanor).   The remaining states define mandatory reporters by referring to a list of occupations which generally includes physicians, nurses, coroners, school employees, dentists, hospital employees, nursery school workers, law enforcement officers, and licensed psychologists. Ministers are identified as mandatory reporters under a few of these statutes. But even if they are not, they may be mandatory reporters if they fall within a specified classification, such as school or child care workers and administrators, or counselors. In summary, ministers should never assume that they have no duty to report.

Ministers who are not mandatory reporters under their state's law may still report cases of abuse to the designated civil authorities even though they are not legally required to do so.

Ministers often ask if they can be liable if they report a suspected incident of child abuse that later proves to be unfounded. Reporters can't be sued simply for reporting child abuse, unless they do it "maliciously." The reason states do this to encourage child abuse reporting.

Even if you are not a mandatory reporter of child abuse under state law doesn't mean that you shouldn't report known or reasonably assumed suspected incidents of abuse or molestation. Even if you are not a mandatory reporter, you should consider reporting abuse, especially if the evidence is strong and it involves a young victim, or to protect other children from future molestation.

What if I learn of child abuse during a conversation protected by the clergy penitent privilege?

Ministers in this case will experience a profound ethical dilemma when they receive information about child abuse in the course of a confidential counseling session that is clergy-penitent privileged. They have to choose between their obligation to report, or honoring their ministerial duty to maintain the confidentiality of privileged communications. A number of states have tried to resolve this by specifically exempting ministers from the duty to report child abuse if the abuse it is if learned about during a communication protected by the clergy-penitent privilege. Other states specify that information protected by the clergy-penitent privilege is not admissible in any legal proceeding regarding the alleged abuse.

Remember, even if the clergy-penitent privilege applies in the context of child abuse reporting, it doesn't necessarily mean the privilege will be a defense for a failure to report, since (1) the information causing a minister to suspect that abuse has occurred may not be proven to have been privileged (that is, it was not obtained in confidence, or during spiritual counseling); and (2) a privilege ordinarily applies only to testimony or depositions, but not to a  requirements to report to a state agency.

How to report

Persons who are required to report child abuse generally make their report by notifying a designated state agency by telephone and following up with a written report within a prescribed period of time. The reporter usually is required to (1) identify the child, the child's parents or guardians, and the alleged abuser by name, and provide their addresses; (2) give the child's age; and (3) describe the nature of the abuse. Most states have toll-free numbers that receive initial reports of child abuse.