AL

Code §§ 26-14-1 et seq. (2003)

Physical, sexual, or mental abuse

Includes "members of the clergy as defined in Rule 505 of the Alabama Rules of Evidence" [as of September 1, 2003], school teachers and officials, day care workers or employees, or any other person called upon to render aid or medical assistance to any child, "when the child is known or suspected to be a victim of child abuse"

Chief of police, sheriff, Department of Human Resources

" . . . a member of the clergy shall not be required to report information gained solely in a confidential communication privileged pursuant to Rule 505 of the Alabama Rules of Evidence which communication shall continue to be privileged as provided by law." [26-14-3(f)]

AK

Stats. §§ 47.17.010 et seq. (1998)

Physical, sexual, or mental abuse.

"Religious healing practitioners" not required to report a "failure to provide medical attention to the child if the child is provided treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by an accredited practitioner of the church or denomination" [47.17.020]

Includes school teachers and administrative staff of public and private schools and "child care providers" who provide child care for compensation, who in the performance of their occupational duties have reasonable cause to suspect that a child has been abused

Department of Health and Social Services

"Neither the physician-patient nor the husband-wife privilege is a ground for excluding evidence regarding a child's harm, or its cause, in a judicial proceeding related to a report made under this chapter."

AZ

Stats. §§ 13-3620 et seq. (2003)

Physical, sexual, or mental abuse.

Any "person" who reasonably believes that a minor is or has been the victim of child abuse; a "person" defined to include any "member of the clergy, priest, or christian science practitioner," parent, stepparent, guardian, school personnel, counselor, or "any other person who has responsibility for the care or treatment of the minor"; child abuse does not include consensual sexual contact between minors ages 14−17.

A peace officer or child protective services in the Department of Economic Security

"A member of the clergy, christian science practitioner or priest who has received a confidential communication or a confession in that person's role as a member of the clergy, christian science practitioner or a priest in the course of the discipline enjoined by the church to which the member of the clergy, christian science practitioner or priest belongs may withhold reporting of the communication or confession if the member of the clergy, christian science practitioner or priest determines that it is reasonable and necessary within the concepts of the religion. This exemption applies only to the communication or confession and not to personal observations the member of the clergy, christian science practitioner or priest may otherwise make of the minor."

AR

Code §§ 12-12-501 et seq. (2005)

Physical, sexual, or mental abuse by a parent, guardian, custodian, foster parent, or any person who is entrusted with the juvenile's care. An offender's name shall not be placed in the central registry in the case of "a parent practicing his or her religious beliefs [who] does not, for that reason alone, provide medical treatment for a child, but in lieu of treatment the child is being furnished with treatment by spiritual means alone, through prayer, in accordance with a recognized religious method of healing by an accredited practitioner"

Includes "any clergyman, which includes a minister, priest, rabbi, accredited Christian Science practitioner, or other similar functionary of a religious organization, or an individual reasonably believed to be so by the person consulting him or her, except to the extent he or she has acquired knowledge of suspected maltreatment through communications required to be kept confidential pursuant to the religious discipline of the relevant denomination or faith, or he or she received the knowledge of the suspected maltreatment from the offender in the context of a statement of admission"; also includes any teacher, school official, school counselor, social worker, family service worker, day care center worker, or any other child or foster care worker, or mental health professional, who has reasonable cause to suspect that a child has been subjected to child maltreatment

Child abuse hotline

"No privilege or contract shall prevent anyone from reporting child maltreatment when he or she is a mandated reporter as required by this section." [12-12-507(c)] "No privilege, except that between . . . a minister, including a Christian Science practitioner, and any person confessing to or being counseled by the minister, shall prevent anyone from testifying concerning child maltreatment." [12-12-518]

CA

Penal Code §§11164 et seq. (2005)

Physical, sexual, or mental abuse

(but child abuse does not include "mutual affray between minors")

Any "clergy member" and "custodian of records of a clergy member," counselor, teachers and teacher's aides employed by public or private schools who have been trained about child abuse reporting, administrators of private day camps, an administrator or employee of a private organization whose duties require direct contact and supervision of children, an administrator or employee of a licensed child care facility

Police or sheriff's department, a county probation department, or a county welfare department

"A clergy member who acquires knowledge or a reasonable suspicion of child abuse or neglect during a penitential communication" is not required to report. A "penitential communication" means "a communication, intended to be in confidence, including, but not limited to, a sacramental confession, made to a clergy member who, in the course of the discipline or practice of his or her church, denomination, or organization, is authorized or accustomed to hear those communications, and under the discipline, tenets, customs, or practices of his or her church, denomination, or organization, has a duty to keep those communications secret. Nothing in this subdivision shall be construed to modify or limit a clergy member's duty to report known or suspected child abuse or neglect when the clergy member is acting in some other capacity that would otherwise make the clergy member a mandated reporter." [11166(c)]

CO

Stats. §§ 19-3-301 et seq. (2005)

Physical, sexual, or mental abuse by a parent, guardian, or legal custodian

Any “clergy member,” public or private school official or employee, child care center employee, licensed professional counselors, licensed marriage and family therapists, unlicensed psychotherapists

Local law enforcement agency or local department of social services

[A clergy member’s] duty to report child abuse “shall not apply to a person who acquires reasonable cause to know or suspect that a child has been subjected to abuse or neglect during a communication [subject to the clergy-penitent privilege] unless the person also acquires such reasonable cause from a source other than such a communication.” [19-3-304(aa)(II)]

CT

Gen. Stats. §§ 17a-101 et seq. (2002)

Physical, sexual, or mental abuse inflicted by a person responsible for a child's health, welfare or care, or by a person given access to such child by such responsible person

Any member of the clergy, school teacher, principal, or guidance counselor, mental health professional, licensed marital and family therapist, or any person paid to care for a child in any public or private facility, day care center or family day care home which is licensed by the state

A law enforcement agency or the Commission of Children and Families

No reference

DE

Code Title 16 §§ 902 et seq. (2006)

Physical injury by those responsible for the care, custody and control of the child; emotional or sexual abuse by anyone.

No child "under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall for that reason alone be considered a neglected child" [913]

Any person who knows or in good faith suspects child abuse or neglect

Division of Child Protective Services of the Department of Services for Children, Youth and Their Families

"No legally recognized privilege, except that between . . . priest and penitent in a sacramental confession, shall apply to situations involving known or suspected child abuse . . . and shall not constitute grounds for failure to report [child abuse] or to give or accept evidence in any judicial proceeding relating to child abuse or neglect."

DC

Code §§ 4-1321.01 et seq. (1990)

Physical, sexual, or mental abuse by a parent, guardian, or custodian.

No child "under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered to have been neglected" [4-1321.06]

Any school teacher or official, day care worker, and mental health professional

Metropolitan Police Department or the Child Protective Services Division of the Department of Human Services

"Neither the husband-wife privilege nor the physician-patient privilege shall be grounds for excluding evidence in any proceeding . . . concerning the welfare of a neglected child"

FL

Stats. §§ 39.201 et seq. (2003)

Physical, sexual, mental abuse by a parent, legal custodian, caregiver, or other person responsible for the child's welfare

Any person who knows, or has reasonable cause to suspect, that a child is abused

Department of Children and Family Services

"The privileged quality of communication . . . except that between attorney and client or the [clergy-penitent] privilege, as such communication relates both to the competency of the witness and to the exclusion of confidential communications, shall not apply to any communication involving the perpetrator or alleged perpetrator in any situation involving known or suspected child abuse . . . and shall not constitute grounds for failure to report . . . or failure to give evidence in any judicial proceeding relating to child abuse."

GA

Code §§ 19-7-5 et seq. (1999)

Includes sexual abuse by anyone, or physical abuse or neglect by a parent or caretaker; but does not include "consensual sex acts involving persons of the opposite sex when the sex acts are between minors or between a minor and an adult who is not more than five years older than the minor"

No child "being treated solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered to be an abused child."

Includes professional counselors, social workers, licensed marriage and family therapists, school teachers and administrators, child service organization personnel

A child welfare agency designated by the Department of Human Resources

"Suspected child abuse . . . shall be reported notwithstanding that the reasonable cause to believe such abuse has occurred or is occurring is based in whole or in part upon any communication to that person which is otherwise made privileged or confidential by law" [19-7-5(g)]

HI

Stats. §§ 350-1 et seq. (2000)

Physical, sexual, or mental abuse by any person who is in any manner related to the child, is residing with the child, or is otherwise responsible for the child's care

Includes employees or officers of a private school, licensed child care facility, or agency providing recreational or sports activities who, in their professional or official capacity, have reason to believe that child abuse has occurred

Department of Human Services or the police department

“The physician-patient privilege, psychologist-client privilege, spousal privilege, and victim-counselor privilege shall not be grounds for excluding evidence in any judicial proceeding resulting from a report of child abuse or neglect pursuant to this chapter" [350-5]

ID

Stats. §§ 16-1601 et seq. (2006)

Physical, sexual, or mental abuse

"No child whose parent or guardian chooses for such child treatment by prayers through spiritual means alone in lieu of medical treatment, shall be deemed for that reason alone to be neglected." [1602]

Includes any school teacher, day care personnel, social worker, or other person having reason to believe that a child has been abused [16-1605]

Department of Health and Welfare or a law enforcement agency

"The notification requirements . . . do not apply to a duly ordained minister of religion, with regard to any confession or confidential communication made to him in his ecclesiastical capacity in the course of discipline enjoined by the church to which he belongs if: (1) the church qualifies as tax-exempt . . . (2) the confession or confidential communication was made directly to the duly ordained minister of religion; and (3) the confession or confidential communication was made in the manner and context which places the duly ordained minister of religion specifically and strictly under a level of confidentiality that is considered inviolate by canon law or church doctrine. A confession or confidential communication made under any other circumstances does not fall under this exemption."

IL

325 Ill. Comp. Stats. §§ 5/1 et seq. (2004)

Physical, sexual, or mental abuse inflicted by a parent, family member, person residing in same home as child, or any person responsible for the child's welfare (includes parents, guardians, persons within a not for profit child care facility, and "any other person responsible for the child's welfare at the time of the abuse, or any person who came to know the child through an official capacity or position of trust, including educational personnel, recreational supervisors, members of the clergy, and volunteers or support personnel in any setting where children may be subject to abuse")

A child is not considered neglected or abused "for the sole reason that such child's parent or other person responsible for his or her welfare depends upon spiritual means through prayer alone for the treatment or cure of disease"

“Any member of the clergy having reasonable cause to believe that a child known to that member of the clergy in his or her professional capacity may be an abused child,” and any director or staff assistant of a nursery school or a child day care center, recreational program or facility personnel, or child care worker having reasonable cause to believe a child known to them in their professional or official capacity may be an abused child [325 § 5/4]

Clergy may also inform their church that they have made a report, but “under no circumstances shall any person in charge of such . . . church . . . exercise any control, restraint, modification or other change in the report or the forwarding of such report to the Department.”

Department of Children and Family Services

The statute specifies that "the department may, in cooperation with appropriate members of the clergy, distribute appropriate materials in churches, synagogues, temples, mosques, or other religious buildings listing the toll-free telephone number . . . including methods of making a report under this Act."

“A member of the clergy may claim the [clergy-penitent] privilege.” [325 5/4]

IN

Code §§ 31-33-5-1 et seq. (1997)

Physical, sexual, or mental abuse

"An individual who has reason to believe that a child is a victim of child abuse or neglect shall make a report"

Local child protection service or law enforcement agency

"The privileged communication between: (1) a husband and wife; (2) a health care provider and the health care provider's patient; (3) a (A) certified social worker; (B) certified clinical social worker; or (C) certified marriage and family therapist; and a client of any of the professionals described in clauses (A) through (C); (4) a school counselor and a student; or (5) a school psychologist and a student; is not a ground for excluding evidence in any judicial proceeding resulting from a report of a child who may be a victim of child abuse or neglect or relating to the subject matter of the report or failing to report as required by IC 31-33." [31-32-11-1]

IA

Code §§ 232.67 et seq. (2001)

Physical, sexual, or mental abuse by "a person responsible for the care of a child" (includes a parent, guardian, foster parent, relative, or any other person with whom the child resides and who assumes care or supervision of the child without reference to the length of time or continuity of such residence, an employee of any facility providing care for a child, or any person providing care for a child but with whom the child does not reside, without reference to the duration of the care)

Employees of a licensed child care center, counselors, or mental health professionals

Department of Human Services

"Any rule of evidence which excludes or makes privileged the testimony of a husband or wife against the other or the testimony of a health practitioner or mental health professional as to confidential communications, do not apply to evidence regarding a child's injuries or the cause of the injuries in any judicial proceeding, civil or criminal, resulting from a report pursuant to this chapter or relating to the subject matter of such a report" [232.74]

KS

Stats. §§ 38-1521 et seq. (2001)

Physical, sexual, or mental abuse

Includes teachers, school administrators, other employees of a school, licensed counselors, or employees of licensed child care facilities [38-1522]

Department of Social and Rehabilitation Services (or a law enforcement agency if the Department is not open for business)

No reference

KY

Stats. §§ 620.030 et seq. (2004)

Physical, sexual, or mental abuse

Any person who knows or has reasonable cause to believe that a child is abused

Local law enforcement agency, state police, the cabinet or its designated representative; Commonwealth's attorney or the county attorney

"Neither the husband-wife nor any professional-client/patient privilege, except the . . . clergy-penitent privilege, shall be a ground for refusing to report under this section or for excluding evidence regarding an . . . abused child or the cause thereof, in any judicial proceedings resulting from a report pursuant to this section. This subsection shall also apply in any criminal proceeding in District or Circuit Court regarding a dependent, neglected, or abused child." [620.050]

LA

Children's Code Arts. 603 et seq. (2003)

Physical, sexual, or mental abuse

Any "member of the clergy"; also includes any teacher or child care provider, or; any "mental health/social service practitioner" [603]

Department of Social Services

A minister "is not required to report a confidential communication, as defined in Evidence Code Article 511, from a person to a member of the clergy who, in the course of the discipline or practice of that church, denomination, or organization, is authorized or accustomed to hearing confidential communications, and under the discipline or tenets of the church, denomination, or organization has a duty to keep such communications confidential. In that instance, he shall encourage that person to report the allegations to the appropriate authorities . . . ." [603]

ME

Stats. Title 22, §§ 4011-A et seq. (2004)

Physical, sexual, or mental abuse by "a person responsible for a child" (a person "responsible for a child's health or welfare, whether in the child's home or another home or a facility which as part of its function provides for the care of the child")

(1) When acting in a professional capacity, a "clergy member acquiring the information as a result of clerical professional work except for information received during confidential communications"; (2) "any person who has assumed full, intermittent or occasional responsibility for the care or custody of the child, regardless of whether the person receives compensation;" (3) "any person affiliated with a church or religious institution who serves in an administrative capacity or has otherwise assumed a position of trust or responsibility to the members of that church or religious institution, while acting in that capacity, regardless of whether the person receives compensation"; (4) any teacher, school official, summer camp administrator or counselor, social worker, homemaker, child care personnel, mental health professional

Department of Health and Welfare

Clergy are mandatory reporters of child abuse "except for information received during confidential communications" [4011-A]

MD

Family Code §§ 5-701 et seq. (2003)

Sexual abuse of a child by anyone; or physical or mental abuse of a child "by any parent or other person who has permanent or temporary care or custody or responsibility for supervision of a child, or by any household or family member"

Any person

"If suspected abuse or neglect is alleged to have occurred outside of this state and the victim is currently a child who lives outside of this state, a person who would be required to report suspected abuse or neglect under the provisions of section 5-704 or 5-705 shall report the suspected abuse or neglect to any [department of social services for a county in this state]."

Department of Social Services or law enforcement agency

"A minister of the gospel, clergyman, or priest of an established church of any denomination is not required to provide notice [of child abuse] if the notice would disclose matter in relation to any communication described in [the clergy-penitent privilege] and: (i) the communication was made to the minister, clergyman, or priest in a professional character in the course of discipline enjoined by the church to which the minister, clergyman, or priest belongs; and (ii) the minister, clergyman, or priest is bound to maintain the confidentiality of that communication under canon law, church doctrine, or practice." [705]

MA

Gen. Laws chpt. 119, § 51A (2002)

Physical, sexual, or mental abuse, but, "If on the effective date of this act, the alleged victim is no longer under the age of 18 years, the individual required by this section to report shall instead make a report to the office of the district attorney for the district where the alleged abuse occurred within 30 days after the effective date of this act and shall notify the alleged victim in writing of this report."

(1) Includes any "priest, rabbi, clergy member, ordained or licensed minister, leader of any church or religious body, accredited Christian Science practitioner, person performing official duties on behalf of a church or religious body that are recognized as the duties of a priest, rabbi, clergy, ordained or licensed minister, leader of any church or religious body, or accredited Christian Science practitioner, or person employed by a church or religious body to supervise, educate, coach, train or counsel a child on a regular basis, who, in his professional capacity shall have reasonable cause to believe that a child under the age of eighteen years is suffering physical or emotional injury resulting from abuse inflicted upon him which causes harm or substantial risk of harm to the child's health or welfare including sexual abuse, or from neglect, including malnutrition, or who is determined to be physically dependent upon an addictive drug at birth"; (2) also includes any private school teacher or administrator, guidance or family counselor, day care worker, or any person paid to care for or work with a child in any public or private facility

Employers that "discharge, or in any manner discriminate or retaliate against" a person who reports child abuse is liable to such person "for treble damages, costs and attorney's fees."

Department of Social Services

“A priest, rabbi, clergy member, ordained or licensed minister, leader of a church or religious body or accredited Christian Science practitioner shall report all cases of abuse under this section, but need not report information solely gained in a confession or similarly confidential communication in other religious faiths. Nothing in the general laws shall modify or limit the duty of a priest, rabbi, clergy member, ordained or licensed minister, leader of a church or religious body or accredited Christian Science practitioner to report a reasonable cause that a child is being injured as set forth in this section when the priest, rabbi, clergy member, ordained or licensed minister, leader of a church or religious body or accredited Christian Science practitioner is acting in some other capacity that would otherwise make him a reporter.” [51A]

MI

Laws §§ 722.622 et seq. (2003)

“Child abuse means harm or threatened harm to a child's health or welfare that occurs through nonaccidental physical or mental injury, sexual abuse, sexual exploitation, or maltreatment, by a parent, a legal guardian, or any other person responsible for the child's health or welfare or by a teacher, a teacher's aide, or a member of the clergy.”

Includes any marriage and family therapist, licensed professional counselor, social worker, school administrator, school counselor or teacher, or a regulated child care provider; and a “member of the clergy”

A "family independence agency"

“Any legally recognized privileged communication except that between attorney and client or that made to a member of the clergy in his or her professional character in a confession or similarly confidential communication is abrogated and shall not constitute grounds for excusing a report otherwise required to be made or for excluding evidence in a civil child protective proceeding resulting from a report made pursuant to this act. This section does not relieve a member of the clergy from reporting suspected child abuse or child neglect if that member of the clergy receives information concerning suspected child abuse or child neglect while acting in any other capacity [of mandatory reporter].”

[722.631]

MN

Stats. §§ 626.556 et seq. (2005)

(1) Sexual abuse by a person responsible for a child's care, "a person who has a significant relationship to the child" (various relatives), a "person in a position of authority" (any person who is a parent or acting in the place of a parent, or a person who is charged with responsibility for the health, welfare, or supervision of a child, no matter how brief); (2) physical abuse by "a person responsible for the child's care" (an individual functioning within the family unit and having responsibilities for the care of the child such as a parent, guardian, or other person having similar care responsibilities, or an individual functioning outside the family unit and having responsibilities for the care of the child such as a teacher, school administrator, or other lawful custodian of a child having either full-time or short-term care responsibilities including, but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching, and coaching). [626.556]

A child is not neglected "solely because the child's parent, guardian, or other person responsible for the child's care . . . selects and depends upon spiritual means or prayer for treatment or care of disease in lieu of medical care" (unless lack of medical care may cause serious danger to the child's health)

A person who knows or has reason to believe a child is being abused, or has been abused within the preceding three years, and who is (1) a professional who is engaged in the practice of the healing arts, social services, psychological or psychiatric treatment, child care, education, or (2) "employed as a member of the clergy and received the information while engaged in ministerial duties, provided that a member of the clergy is not required by this subdivision to report information that is otherwise privileged"

Local welfare agency, police department, or the county sheriff

"A member of the clergy is not required . . . to report information that is otherwise privileged" [626.556]

MS

Code §§ 43-21-353 et seq. (2004)

Physical, sexual, or mental abuse

"A parent who withholds medical treatment from any child who in good faith is under treatment by spiritual means alone through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall not, for that reason alone, be considered to be neglectful." [43-21-105]

Any minister, child care giver, private school employee, or "any other person having reasonable cause to suspect" that a child is abused

Department of Human Services

No reference

MO

Stats. §§ 210.110 et seq. (2003)

Physical, sexual, or mental abuse by "those responsible for the child's care, custody, and control" (but for reporting purposes abuse "is not limited to abuse inflicted by a person responsible for the child's care, custody and control")

Includes (1) any mental health professional, social worker, day care center worker or other child-care worker, teacher, principal or other school official, "or other person with responsibility for the care of children"; and (2) a "minister" defined as "any person while practicing as a minister of the gospel, clergyperson, priest, rabbi, Christian Science practitioner, or other person serving in a similar capacity for any religious organization who is responsible for or who has supervisory authority over one who is responsible for the care, custody, and control of a child or has access to a child."

A religious organization may designate an agent to report on behalf of the organization. If a minister does not report abuse, then the designated agent must be notified, and must report. [352.400]

Division of Family Services

"If an individual required to report suspected instances of abuse or neglect pursuant to this section has reason to believe that the victim of such abuse or neglect is a resident of another state or was injured as a result of an act which occurred in another state, the person required to report such abuse or neglect may, in lieu of reporting to the Missouri division of family services, make such a report to the child protection agency of the other state with the authority to receive such reports pursuant to the laws of such other state. If such agency accepts the report, no report is required to be made, but may be made, to the Missouri division of family services."

"A minister shall not be required to report concerning a privileged communication made to him or her in his or her professional capacity" [352.400]

MT

Code §§ 41-3-101 et seq. (2005)

Physical, sexual, or mental abuse by a parent or a "person responsible for a child's welfare" (includes the child's guardian, foster parent, an adult who resides in the same home as the child, a person providing care in a day-care or residential facility)

Includes clergy, school teachers and officials, school employees, employee of any registered or licensed day care facility [41-3-201]

Department of Public Health and Human Services or its local affiliate

"A member of the clergy or a priest is not required to make a report under this section if: (i) the knowledge or suspicion of the abuse or neglect came from a statement or confession made to the clergyperson or priest in that person's capacity as a clergyperson or priest; (ii) the statement was intended to be a part of a confidential communication between the clergyperson or priest and a member of the clergyperson's or priest's church or congregation; and (iii) the person who made the statement or confession does not consent to the disclosure by the clergyperson or priest."

"A member of the clergy or priest is not required to make a report under this section if the communication is required to be confidential by canon law, church doctrine, or established church practice." [41-3-201]

NE

Stats. §§ 28-710 et seq. (2005)

Physical, sexual, or mental abuse

Any person having reasonable cause to believe that a child has been subjected to abuse or neglect

Department of Health and Human Services or a law enforcement agency

"The privileged communication between patient and physician, between client and professional counselor, and between husband and wife shall not be a ground for excluding evidence in any judicial proceeding resulting from a [child abuse report]." [28-714]

NV

Stats. §§ 432B.010 et seq. (2005)

Physical, sexual, or mental abuse by a person responsible for a child's welfare (includes the child's parent, guardian or foster parent, a stepparent with whom the child lives, an adult person continually or regularly found in the same household as the child, or a person directly responsible or serving as a volunteer for or employed in a public or private home, institution or facility where the child actually resides or is receiving child care outside of his home for a portion of the day)

Includes any clergyman "unless he has acquired the knowledge of the abuse or neglect from the offender during a confession," a marriage or family therapist, school teacher or administrator, any employee of a facility that provides care for children [432B.220]

An agency that provides protective services, or a law enforcement agency

Ministers are not mandatory reporters if they "acquired knowledge of the abuse or neglect from the offender during a confession" [432B.220]

NH

N.H. Rev. Stat. §§ 169-C:2 et seq. (1979)

Physical, sexual, or mental abuse

"no child who is, in good faith, under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered to be a neglected child" [169-C:3]

Any priest, minister, rabbi, therapist, teacher, school official, school counselor, social worker, day care worker, or other person having reason to suspect that a child has been abused [169-C:29]

Department of Health and Human Services

"The privileged quality of communication between husband and wife and any professional person and his patient or client, except that between attorney and client, shall not apply to proceedings instituted pursuant to this chapter and shall not constitute grounds for failure to report as required by this chapter." [169-C:32]

NJ

Stats. §§ 9:6-8.9 et seq. (1987)

Physical, sexual, or mental abuse by a child's parent, guardian, or other person having his custody and control

"No child who in good faith is under treatment by spiritual means alone through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall for this reason alone be considered to be abused or neglected." [9:6-8.21]

"Any person having reasonable cause to believe that a child has been subjected to child abuse" [9:6-8.10]

Persons who make reports can sue an employer who discharges them or discriminates against them for doing so [9:6-8.13]

Division of Youth and Family Services

No reference

NM

Stats. §§ 32A-4-1 et seq. (2005)

Physical, sexual, or mental abuse by a child's parent, guardian, or custodian

"Nothing in the Children's Code shall be construed to imply that a child who is being provided with treatment by spiritual means alone through prayer, in accordance with the tenets and practices of a recognized church or religious denomination, by a duly accredited practitioner thereof is for that reason alone a neglected child" [32A-4-2]

Every person who knows or has a reasonable suspicion that a child is an abused or a neglected child, and a "member of the clergy who has information that is not privileged as a matter of law" [32A-4-3]

(1) A local law enforcement agency, (2) the children, youth and families department, or (3) tribal law enforcement or social services agencies for any Indian child residing in Indian country

A "member of the clergy who has information that is not privileged as a matter of law" is not required to report [32A-4-3]

NY

Soc. Serv. Law §§ 411 et seq. (2005)

A child under 18 defined as an abused child by the family court act

Includes any school official, social services worker, day care center worker, provider of family or group family day care, or any other child care or foster care worker, mental health professional [413]

Oral reports shall be made to the statewide central register of child abuse and maltreatment unless the appropriate local plan for the provision of child protective services provides that oral reports should be made to the local child protective service

Notwithstanding the privileges set forth in article forty-five of the civil practice law and rules, and any other provision of law to the contrary, mandated reporters who make a report which initiates an investigation of an allegation of child abuse or maltreatment are required to comply with all requests for records made by a child protective service relating to such report . . . . [415]

NC

Stats. §§ 7B-101 et seq. (2005)

Physical, sexual, or mental abuse by a child's guardian, custodian, or caretaker (a "caretaker" is any person having responsibility for the welfare of a child in a residential setting; a "custodian" is a person or agency that has been awarded legal custody of a child, or a person who has assumed the status of a parent)

Any person or institution who has cause to suspect that any juvenile is abused [7B-301]

Department of Social Services

"No privilege shall be grounds for any person or institution failing to report that a juvenile may have been abused . . . even if the knowledge or suspicion is acquired in an official professional capacity, except when the knowledge or suspicion is gained by an attorney from that attorney's client during representation only in the abuse . . . case. No privilege, except the attorney-client privilege, shall be grounds for excluding evidence of abuse . . . in any judicial proceeding in which a juvenile's abuse . . . is in issue nor in any judicial proceeding resulting from a report submitted under this Article, both as this privilege relates to the competency of the witness and to the exclusion of confidential communications." [7B-310]

 ND

Code §§ 50-25.1.01 et seq. (1995)

Sexual abuse committed by anyone, or physical or mental abuse by a person responsible for the child's welfare (includes the child's parent, guardian, or foster parent; employee of a school or child care facility; or a person responsible for the child's welfare in a residential setting)

Includes any "member of the clergy," schoolteacher or administrator, day care center or any other child care worker.

Employers are subject to criminal and civil penalties for "retaliating" against an employee who reports child abuse (a rebuttable presumption of retaliation for adverse employment actions taken within 90 days of a child abuse report)

Department of Human Services

"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 spiritual adviser." [50-25.1.03]

OH

Code §§ 2151.031 et seq. (2003)

Physical or sexual abuse committed by anyone, or mental abuse inflicted by a parent, guardian, or custodian

Includes any employee of a child day-care center, residential camp, or child day camp; school teacher or employee; professional counselor, while acting in an official or professional capacity, and "a person rendering spiritual treatment through prayer" [2151.421]

The public children services agency or a municipal or county peace officer in the county in which the child resides or in which the abuse occurred

"An attorney or a physician is not required to make a report [of child abuse] concerning any communication the attorney or physician receives from a client or patient in an attorney-client or physician-patient relationship, if . . . the attorney or physician could not testify with respect to that communication in a civil or criminal proceeding" [2151.421]

OK

Stats. title 10, §§ 10-7102 et seq. (2000)

Physical, sexual, or mental abuse by a person responsible for the child's health or welfare (includes a parent; legal guardian; custodian; foster parent; employee of a child care facility.

"Nothing in this section shall be construed to mean a child is abused or neglected for the sole reason the parent, legal guardian or person having custody or control of a child, in good faith, selects and depends upon spiritual means alone through prayer, in accordance with the tenets and practice of a recognized church or religious denomination, for the treatment or cure of disease or remedial care of such child." [7103E]

Any person [7103]

Department of Human Services

"No privilege . . . shall relieve any person from the requirement of reporting pursuant to this section." [7103]

OR

Stats. §§ 419B.005 et seq. (2003)

Physical, sexual, or mental abuse

Includes a "member of the clergy," and any "public or private official" having reasonable cause to believe that child abuse has occurred (the definition of "public or private official" includes a "member of the clergy," school employee, licensed professional counselor or marriage and family therapist, and child care provider) [419B.005(3])

State Office for Services to Children and Families (or its designee), or a law enforcement agency

"A member of the clergy . . . shall not be required to report such information communicated by a person if the communication is privileged"

[419B.010]

PA

Consol. Stats. title 23 §§ 6311 et seq. (1995)

Physical, sexual, or mental abuse

Includes any "member of the clergy," school teacher or employee, day-care center worker [6311]

Department of Public Welfare

"Except with respect to confidential communications made to an ordained member of the clergy . . . the privileged communication between any professional person required to report and the patient or client of that person shall not apply to situations involving child abuse and shall not constitute grounds for failure to report as required by this chapter." [6311]

RI

Gen. Laws §§ 40-11-1 et seq. (1999)

Physical, sexual, or mental abuse by a person responsible for a child's welfare (includes the child's parent, guardian, foster parent, any staff person at a child day care facility)

Any person [40-11-3]

Department for children and their families or its agent

"The privileged quality of communication between husband and wife and any professional person and his patient or client, except that between attorney and client, is hereby abrogated in situa­tions involving known or suspected child abuse or neglect and shall not constitute grounds for failure to report as required by this chapter, failure to cooperate with the department in its activities pursuant to this chapter, or failure to give or accept evidence in any judicial proceeding relating to child abuse or neglect." [40-11-11]

SC

Code §§ 20-7-490 et seq. (2003)

Physical, sexual, or mental abuse by a child's "parent, guardian or other person responsible for his welfare" (includes an employee of a child day care facility)

Includes a "member of the clergy" and any school teacher, counselor, principal, assistant principal, social or public assistance worker, or childcare worker in a childcare center or foster care facility

 [510]

Department of Social Services or a local law enforcement agency

"The privileged quality of communication between husband and wife and any professional person and his patient or client, except that between attorney and client or clergy member, including Christian Science Practitioner or religious healer, and penitent, is abrogated and does not constitute grounds for failure to report or the exclusion of evidence in a civil protective proceeding resulting from a report pursuant to this article. However, a clergy member, including Christian Science Practitioner or religious healer, must report in accordance with this subarticle except when information is received from the alleged perpetrator of the abuse and neglect during a communication that is protected by the clergy and penitent privilege as defined in section 19-11-90." [550]

SD

Code §§ 26-8A-1 et seq. (2000)

Physical or mental abuse by a child's parent, guardian, or custodian, or sexual abuse by a child's parent, guardian, custodian, or other person responsible for a child's care

Includes any counselor, teacher, school counselor or official, licensed or registered child welfare provider, religious healing practitioner

State's attorney, Department of Social Services, or law enforcement officers

"The privilege of confidentiality set forth in §§ 19-2-3 [physician-patient], 19-13-21.1 [school counselor-student], and 19-13-6 to 19-13-15 [physician-patient, husband-wife], inclusive, and § 36-26-30 [social worker-client] may not be claimed in any judicial proceeding involving an alleged abused or neglected child or resulting from the giving or causing the giving of a report concerning abuse or neglect of a child." [15]

TN

Code §§ 37-1-401 et seq. (2001)

Physical, sexual, or mental abuse

Any person [403]

The judge having juvenile jurisdiction or the county office of the Department of Children's Services, or the sheriff or chief law enforcement officer where the child resides

"Neither the husband-wife privilege … nor the psychiatrist-patient privilege … nor the psychologist-patient privilege … is a ground for excluding evidence regarding harm or the cause of harm to a child in any dependency and neglect proceeding result­ing from a report of such harm  … or a criminal prosecution for severe child abuse." [411]

TX

Family Code §§ 261.101 et seq. (2005)

Physical, sexual, or mental abuse

"A person having cause to believe that a child's physical or mental health or welfare has been adversely affected by abuse or neglect by any person" [261.101]

(1) Any local or state law enforcement agency; (2) the Department of Protective and Regulatory Services if the abuse involves a person responsible for the care, custody, or welfare of the child; (3) the state agency that operates, licenses, certifies, or registers the facility in which the alleged abuse occurred; or (4) the agency designated by the court to be responsible for the protection of children.

"The requirement to report under this section applies without exception to an individual whose personal communications may otherwise be privileged, including . . . a member of the clergy." [261.101]

"In a proceeding regarding the abuse or neglect of a child, evidence may not be excluded on the ground of privileged communication except in the case of communications between an attorney and client." [261.202]

UT

Stats. §§ 62A-4a-402 et seq. (1999)

Physical, sexual, or mental abuse

Any person having reason to believe that a child has been abused

Any peace officer, law enforcement agency, or office of the Division of Child and Family Services

"The notification requirements . . . do not apply to a clergyman or priest, without the consent of the person making the confession, with regard to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs, if: (a) the confession was made directly to the clergyman or priest by the perpetrator, and (b) the clergyman or priest is, under canon law or church doctrine or practice, bound to maintain the confidentiality of that confession. When a clergyman or priest receives information about abuse or neglect from any source other than confession of the perpetrator, he is required to give notification on the basis of that information even though he may have also received a report of abuse or neglect from the confession of the perpetrator. Exemption of notification requirements for a clergyman or priest does not exempt a clergyman or priest from any other efforts required by law to prevent further abuse or neglect by the perpetrator." [62A-4a-403]

VT

33 Stats. §§ 4911 et seq. (2003)

Physical or mental abuse by a child's parent or other person responsible for the child's welfare (includes the child's parent, guardian, foster parent, or person responsible for the child's welfare while in a residential, educational or day care setting, including any staff person); or sexual abuse by any person

Includes any "member of the clergy," school teacher, day care worker, school principal, school guidance counselor, mental health professional, social worker, camp owner, camp administrator, or camp counselor who has reasonable cause to believe that any child has been abused or neglected. [4913]

Employees who make a report in good faith can sue their employer for retaliation [4920]

Commissioner of Social and Rehabilitation Services or its designee

"A member of the clergy shall not be required to make a report under this section if the report would be based upon information received in a communication which is: (1) made to a member of the clergy acting in his or her capacity as spiritual advisor; (2) intended by the parties to be confidential at the time the communication is made; (3) intended by the communicant to be an act of contrition or a matter of conscience; and (4) required to be confidential by religious law, doctrine, or tenet. When a member of the clergy receives information about abuse or neglect of a child in a manner other than as described in [this paragraph] he or she is required to report on the basis of that information even though he or she may have also received a report of abuse or neglect about the same person or incident in the manner described in [this paragraph]." [4913(g) and (h)]

VA

Code §§ 63.2-1501 et seq. (2002)

Physical, sexual, or mental abuse by a child's parent or "other person responsible for his care"

Any teacher or other person employed in a public or private school or nursery school, mental health professional, any person "associated with or employed by any private organization responsible for the care, custody or control of children" [63.2-1509]

Department of Social Services

"In any legal proceeding resulting from the filing of any report or complaint pursuant to this chapter, the physician-patient and husband-wife privileges shall not apply." [63.2-1519]

WA

Code §§ 26.44.010 et seq. (2003)

Physical, sexual, or mental abuse

Any professional school personnel, licensed or certified child care providers or their employees

The "proper law enforcement agency" or the Department of Social and Health Services

"Conduct conforming with the reporting requirements of this chapter shall not be deemed a violation of the confidential communication privilege of [clergy or physicians]." [26.44.060]

WV

Code §§ 49-6A-1 et seq. (2001)

Physical, sexual, or mental abuse

Any member of the clergy, school teacher or other school personnel, child care or foster care worker, religious healer [49-6A-2]

Department of Human Services (if sexual abuse, or serious physical abuse, is suspected, the reporter shall also immediately notify the Division of Public Safety and any law enforcement agency having jurisdiction to investigate the complaint)

"The privileged quality of communications between husband and wife and between any professional person and his patient or his client, except that between attorney and client, is hereby abrogated in situations involving suspected or known child abuse or neglect." [49-6A-7]

WI

Code §§ 48-981 (2004)

Physical, sexual, or mental abuse

Effective May 1, 2004 includes clergy if the member of the clergy has reasonable cause to suspect that (1) a child seen in the course of his or her professional duties has been abused or has been threatened with abuse (and the abuse will likely occur); or (2) another member of the clergy has abused a child or threatened a child with abuse and the abuse will likely occur.

Also includes any mental health professional, professional counselor, school teacher or administrator, child care worker in a day care center or child caring institution.

No person making a report may be discharged from employment for so doing.

"A determination that abuse or neglect has occurred may not be based solely on the fact that the child's parent, guardian or legal custodian in good faith selects and relies on prayer or other religious means for treatment of disease or for remedial care of the child."

Department of Health and Family Services or the sheriff or police department

A member of the clergy "is not required to report child abuse information that he or she receives solely through confidential communications made to him or her privately or in a confessional setting if he or she is authorized to hear or is accustomed to hearing such communications and, under the disciplines, tenets, or traditions of his or her religion, has a duty or is expected to keep those communications secret. Those disciplines, tenets, or traditions need not be in writing."

WY

Stats. §§ 14-3-201 et seq. (1978)

Physical, sexual, or mental abuse

"Treatment given in good faith by spiritual means alone, through prayer, by a duly accredited practitioner in accordance with the tenets and practices of a recognized church or religious denomination is not child neglect for that reason alone." [14-3-202]

"Any person who knows or has reasonable cause to believe or suspect that a child has been abused or neglected"

Child protective agency or local law enforcement agency 

"Evidence regarding a child in any judicial proceeding resulting from a [child abuse report] shall not be excluded on the ground it constitutes a privileged communication . . . claimed under any provision of law other than [the clergy-penitent privilege]." [14-3-210]