Title 13. Criminal Code
Chapter 36. Family Offenses
§ 13-3620. Duty to report abuse, physical injury,
neglect and denial or deprivation of medical or surgical
care or nourishment of minors; medical records; exception;
violation; classification; definitions
A. Any person who reasonably believes that a minor
is or has been the victim of physical injury, abuse, child
abuse, a reportable offense or neglect that appears to
have been inflicted on the minor by other than accidental
means or that is not explained by the available medical
history as being accidental in nature or who reasonably
believes there has been a denial or deprivation of necessary
medical treatment or surgical care or nourishment with
the intent to cause or allow the death of an infant who
is protected under § 36-2281 shall immediately report
or cause reports to be made of this information to a peace
officer or to child protective services in the department
of economic security, except if the report concerns a
person who does not have care, custody or control of the
minor, the report shall be made to a peace officer only.
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. For the purposes of this subsection,
"person" means:
1. Any physician, physician's assistant, optometrist,
dentist, osteopath, chiropractor, podiatrist, behavioral
health professional, nurse, psychologist, counselor or
social worker who develops the reasonable belief in the
course of treating a patient.
2. Any peace officer, member of the clergy, priest or
christian science practitioner.
3. The parent, stepparent or guardian of the minor.
4. School personnel or domestic violence victim advocate
who develop the reasonable belief in the course of their
employment.
5. Any other person who has responsibility for the care
or treatment of the minor.
B. A report is not required under this section
for conduct prescribed by §§ 13-1404 and 13-1405 if the
conduct involves only minors who are fourteen, fifteen,
sixteen or seventeen years of age and there is nothing
to indicate that the conduct is other than consensual.
C. If a physician, psychologist or behavioral
health professional receives a statement from a person
other than a parent, stepparent, guardian or custodian
of the minor during the course of providing sex offender
treatment that is not court ordered or that does not occur
while the offender is incarcerated in the state department
of corrections or the department of juvenile corrections,
the physician, psychologist or behavioral health professional
may withhold the reporting of that statement if the physician,
psychologist or behavioral health professional determines
it is reasonable and necessary to accomplish the purposes
of the treatment.
D. Reports shall be made immediately by telephone
or in person and shall be followed by a written report
within seventy-two hours. The reports shall contain:
1. The names and addresses of the minor and the minor's
parents or the person or persons having custody of the
minor, if known.
2. The minor's age and the nature and extent of the minor's
abuse, child abuse, physical injury or neglect, including
any evidence of previous abuse, child abuse, physical
injury or neglect.
3. Any other information that the person believes might
be helpful in establishing the cause of the abuse, child
abuse, physical injury or neglect.
E. A health care professional who is regulated
pursuant to title 32 and who, after a routine newborn
physical assessment of a newborn infant's health status
or following notification of positive toxicology screens
of a newborn infant, reasonably believes that the newborn
infant may be affected by the presence of alcohol or a
drug listed in § 13-3401 shall immediately report this
information, or cause a report to be made, to child protective
services in the department of economic security. For the
purposes of this subsection, "newborn infant" means a
newborn infant who is under thirty days of age.
F. Any person other than one required to report
or cause reports to be made under subsection A of this
section who reasonably believes that a minor is or has
been a victim of abuse, child abuse, physical injury,
a reportable offense or neglect may report the information
to a peace officer or to child protective services in
the department of economic security, except if the report
concerns a person who does not have care, custody or control
of the minor, the report shall be made to a peace officer
only.
G. A person who has custody or control of medical
records of a minor for whom a report is required or authorized
under this section shall make the records, or a copy of
the records, available to a peace officer or child protective
services worker investigating the minor's neglect, child
abuse, physical injury or abuse on written request for
the records signed by the peace officer or child protective
services worker. Records disclosed pursuant to this subsection
are confidential and may be used only in a judicial or
administrative proceeding or investigation resulting from
a report required or authorized under this section.
H. When telephone or in-person reports are received
by a peace officer, the officer shall immediately notify
child protective services in the department of economic
security and make the information available to them. Notwithstanding
any other statute, when child protective services receives
these reports by telephone or in person, it shall immediately
notify a peace officer in the appropriate jurisdiction.
I. Any person who is required to receive reports
pursuant to subsection A of this section may take or cause
to be taken photographs of the minor and the vicinity
involved. Medical examinations of the involved minor may
be performed.
J. A person who furnishes a report, information
or records required or authorized under this section,
or a person who participates in a judicial or administrative
proceeding or investigation resulting from a report, information
or records required or authorized under this section,
is immune from any civil or criminal liability by reason
of that action unless the person acted with malice or
unless the person has been charged with or is suspected
of abusing or neglecting the child or children in question.
K. Except for the attorney client privilege or
the privilege under subsection L of this section, no privilege
applies to any:
1. Civil or criminal litigation or administrative proceeding
in which a minor's neglect, dependency, abuse, child abuse,
physical injury or abandonment is an issue.
2. Judicial or administrative proceeding resulting from
a report, information or records submitted pursuant to
this section.
3. Investigation of a minor's child abuse, physical
injury, neglect or abuse conducted by a peace officer
or child protective services in the department of economic
security.
L. In any civil or criminal litigation in which
a child's neglect, dependency, physical injury, abuse,
child abuse or abandonment is an issue, a member of the
clergy, a christian science practitioner or a priest shall
not, without his consent, be examined as a witness concerning
any confession made to him in his role as a member of
the clergy, a christian science practitioner or a priest
in the course of the discipline enjoined by the church
to which he belongs. Nothing in this subsection discharges
a member of the clergy, a christian science practitioner
or a priest from the duty to report pursuant to subsection
A of this section.
M. If psychiatric records are requested pursuant
to subsection G of this section, the custodian of the
records shall notify the attending psychiatrist, who may
excise from the records, before they are made available:
1. Personal information about individuals other than
the patient.
2. Information regarding specific diagnosis or treatment
of a psychiatric condition, if the attending psychiatrist
certifies in writing that release of the information would
be detrimental to the patient's health or treatment.
N. If any portion of a psychiatric record is
excised pursuant to subsection M of this section, a court,
upon application of a peace officer or child protective
services worker, may order that the entire record or any
portion of the record that contains information relevant
to the reported abuse, child abuse, physical injury or
neglect be made available to the peace officer or child
protective services worker investigating the abuse, child
abuse, physical injury or neglect.
O. A person who violates this section is guilty
of a class 1 misdemeanor, except if the failure to report
involves a reportable offense, the person is guilty of
a class 6 felony.
P. For the purposes of this section:
1. "Abuse" has the same meaning prescribed in § 8-201.
2. "Child abuse" means child abuse pursuant to § 13-3623.
3. "Neglect" has the same meaning prescribed in § 8-201.
4. "Reportable offense" means any of the following:
(a) Any offense listed in chapters 14 and 35.1 of this
title [FN1] or § 13-3506.01.
(b) Surreptitious photographing, videotaping, filming
or digitally recording of a minor pursuant to § 13-3019.
(c) Child prostitution pursuant to § 13-3212.
(d) Incest pursuant to § 13-3608.
