42 U.S.C. § 13031 : US Code - Section 13031: Child abuse reporting

Search 42 U.S.C. § 13031 : US Code - Section 13031: Child abuse reporting

(a) In general
A person who, while engaged in a professional capacity or
activity described in subsection (b) of this section on Federal
land or in a federally operated (or contracted) facility, learns of
facts that give reason to suspect that a child has suffered an
incident of child abuse, shall as soon as possible make a report of
the suspected abuse to the agency designated under subsection (d)
of this section.
(b) Covered professionals
Persons engaged in the following professions and activities are
subject to the requirements of subsection (a) of this section:
(1) Physicians, dentists, medical residents or interns,
hospital personnel and administrators, nurses, health care
practitioners, chiropractors, osteopaths, pharmacists,
optometrists, podiatrists, emergency medical technicians,
ambulance drivers, undertakers, coroners, medical examiners,
alcohol or drug treatment personnel, and persons performing a
healing role or practicing the healing arts.
(2) Psychologists, psychiatrists, and mental health
professionals.
(3) Social workers, licensed or unlicensed marriage, family,
and individual counselors.
(4) Teachers, teacher's aides or assistants, school counselors
and guidance personnel, school officials, and school
administrators.
(5) Child care workers and administrators.
(6) Law enforcement personnel, probation officers, criminal
prosecutors, and juvenile rehabilitation or detention facility
employees.
(7) Foster parents.
(8) Commercial film and photo processors.
(c) Definitions
For the purposes of this section -
(1) the term "child abuse" means the physical or mental injury,
sexual abuse or exploitation, or negligent treatment of a child;
(2) the term "physical injury" includes but is not limited to
lacerations, fractured bones, burns, internal injuries, severe
bruising or serious bodily harm;
(3) the term "mental injury" means harm to a child's
psychological or intellectual functioning which may be exhibited
by severe anxiety, depression, withdrawal or outward aggressive
behavior, or a combination of those behaviors, which may be
demonstrated by a change in behavior, emotional response or
cognition;
(4) the term "sexual abuse" includes the employment, use,
persuasion, inducement, enticement, or coercion of a child to
engage in, or assist another person to engage in, sexually
explicit conduct or the rape, molestation, prostitution, or other
form of sexual exploitation of children, or incest with children;
(5) the term "sexually explicit conduct" means actual or
simulated -
(A) sexual intercourse, including sexual contact in the
manner of genital-genital, oral-genital, anal-genital, or oral-
anal contact, whether between persons of the same or of
opposite sex; sexual contact means the intentional touching,
either directly or through clothing, of the genitalia, anus,
groin, breast, inner thigh, or buttocks of any person with an
intent to abuse, humiliate, harass, degrade, or arouse or
gratify sexual desire of any person;
(B) bestiality;
(C) masturbation;
(D) lascivious exhibition of the genitals or pubic area of a
person or animal; or
(E) sadistic or masochistic abuse;
(6) the term "exploitation" means child pornography or child
prostitution;
(7) the term "negligent treatment" means the failure to
provide, for reasons other than poverty, adequate food, clothing,
shelter, or medical care so as to seriously endanger the physical
health of the child; and
(8) the term "child abuse" shall not include discipline
administered by a parent or legal guardian to his or her child
provided it is reasonable in manner and moderate in degree and
otherwise does not constitute cruelty.
(d) Agency designated to receive report and action to be taken
For all Federal lands and all federally operated (or contracted)
facilities in which children are cared for or reside, the Attorney
General shall designate an agency to receive and investigate the
reports described in subsection (a) of this section. By formal
written agreement, the designated agency may be a non-Federal
agency. When such reports are received by social services or health
care agencies, and involve allegations of sexual abuse, serious
physical injury, or life-threatening neglect of a child, there
shall be an immediate referral of the report to a law enforcement
agency with authority to take emergency action to protect the
child. All reports received shall be promptly investigated, and
whenever appropriate, investigations shall be conducted jointly by
social services and law enforcement personnel, with a view toward
avoiding unnecessary multiple interviews with the child.
(e) Reporting form
In every federally operated (or contracted) facility, and on all
Federal lands, a standard written reporting form, with
instructions, shall be disseminated to all mandated reporter
groups. Use of the form shall be encouraged, but its use shall not
take the place of the immediate making of oral reports,
telephonically or otherwise, when circumstances dictate.
(f) Immunity for good faith reporting and associated actions
All persons who, acting in good faith, make a report by
subsection (a) of this section, or otherwise provide information or
assistance in connection with a report, investigation, or legal
intervention pursuant to a report, shall be immune from civil and
criminal liability arising out of such actions. There shall be a
presumption that any such persons acted in good faith. If a person
is sued because of the person's performance of one of the above
functions, and the defendant prevails in the litigation, the court
may order that the plaintiff pay the defendant's legal expenses.
Immunity shall not be accorded to persons acting in bad faith.
(g) Omitted
(h) Training of prospective reporters
All individuals in the occupations listed in subsection (b)(1) of
this section who work on Federal lands, or are employed in
federally operated (or contracted) facilities, shall receive
periodic training in the obligation to report, as well as in the
identification of abused and neglected children.