Current through June 2003
Standard Reporting Procedures
All 50 States, the District of Columbia, and the U.S. Territories have enacted statutes specifying procedures that a mandatory reporter must follow when making a report of child abuse or neglect. Mandatory reporters are individuals who are required by law to report cases of suspected child abuse or neglect1. In most States, the statutes require mandated reporters to make a report immediately upon gaining their knowledge or suspicion of abusive or neglectful situations. In all jurisdictions, the initial report may be made orally to either the child protective services agency or to a law enforcement agency.
Agency Responsibility
In addition to procedures a mandatory reporter must follow, the statutes in most States also specify procedures for the response required by the agencies receiving the reports.
Typically, the department or public agency that provides child protective services has the responsibility to initiate an investigation of the allegations made in the report. In approximately2 8 States (Arkansas, Connecticut, Illinois, Iowa, Michigan, New Hampshire, Washington, and West Virginia), cases of physical or sexual abuse may be investigated by a law enforcement agency.
The designated agency usually is required to complete its investigation within a reasonably short period of time. Most States also require cross-reporting among professional entities. Typically, reports are shared among social services agencies, law enforcement agencies, and prosecutors' offices.3
Content of Reports
Most States also specify in statute the kind of information that must be included in the report of suspected abuse or neglect. Reports typically include the name and address of the child and the child's parents or other persons responsible for the child's care, the child's age, the nature and extent of the child's injuries, and any other information relevant to the investigation.
Special Reporting Procedures
Some States also specify reporting procedures in special situations such as the suspicious death of a child and cases of drug-exposed infants.
Specific reporting procedures to be followed in the event of a suspicious child death have been enacted in approximately4 31 States, American Samoa, Guam, the Northern Mariana Islands, and the Virgin Islands. Typically, these statutes instruct a mandatory reporter to report a suspected child death to a medical examiner or coroner.
In States that do not have specific reporting procedures for suspicious child deaths, standard child abuse reporting procedures apply.
Specific reporting procedures to be followed for drug-exposed infants have been enacted in approximately 12 States5 and the District of Columbia. In general, these statutes make drug exposure or a positive drug test alone the basis for reporting.
Standard reporting procedures apply in those States that statutorily define infant drug exposure as child abuse and neglect,6 but have no specific reporting procedures for drug-exposed infants.
To see how your State addresses this issue, visit the State Statutes Search.
1 For a listing of mandated reporters by State, see Department of Health and Human Services, Statutes-at-a-Glance: Mandatory Reporters of Child Abuse and Neglect (2003). (Available at http://nccanch.acf.hhs.gov/general/legal/statutes/.) Back
2 The word approximately is used throughout the State Statutes Series to stress the fact that statutes are constantly revised and updated. Back
3 See Department of Health and Human Services, Ready Reference: Reporting Laws Cross-Reporting Among Systems (2003). (Available at http://nccanch.acf.hhs.gov/general/legal/statutes/.) Back
4 See the State-by-State listing in this publication for those States that currently specify special procedures in their statutes. Back
5 The States that currently specify special procedures for drug-exposed infants include Arizona, California, Illinois, Iowa, Kentucky, Massachusetts, Michigan, Minnesota, Missouri, Oklahoma, Utah, and Washington. Back
6 See the Ready Reference Reporting Laws: Drug-Exposed Infants (2003), available at http://nccanch.acf.hhs.gov/general/legal/statutes/. Back
The Statutes-at-a-Glance listings summarize specific sections of each State's code. While every attempt has been made to be as complete as possible, additional information on these topics may be in other sections of a State's code as well as in agency regulations, case law, and informal practices and procedures. Readers interested in interpretation of specific statutory provisions within an individual jurisdiction should consult with professionals within the State familiar with the statutes' implementation
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