|
Child
Abuse Reporting Statutes
Vermont_Child Abuse Reporting Statute
VERMONT STATUTES
Title Thirty-Three. Human Services
Part 3. Programs and Services for
Children and Youth
Chapter 49. Child Welfare Services
Subchapter 2. Reporting Abuse of Children
§ 4913. Reporting suspected child
abuse and neglect; remedial action
(a) Any physician, surgeon, osteopath,
chiropractor, or physician's assistant licensed, certified,
or registered under the provisions of Title 26, any resident
physician, intern, or any hospital administrator in any
hospital in this state, whether or not so registered,
and any registered nurse, licensed practical nurse, medical
examiner, emergency medical personnel as defined in subdivision
2651(6) of Title 24, dentist, psychologist, pharmacist,
any other health care provider, child care worker, school
superintendent, school teacher, school librarian, school
principal, school guidance counselor, and any other individual
who is regularly employed by a school district, or who
is contracted and paid by a school district to provide
student services for five or more hours per week during
the school year, mental health professional, social worker,
probation officer, any employee, contractor, and grantee
of the agency of human services who have contact with
clients, police officer, camp owner, camp administrator,
camp counselor, or member of the clergy who has reasonable
cause to believe that any child has been abused or neglected
shall report or cause a report to be made in accordance
with the provisions of section 4914 of this title within
24 hours. As used in this subsection, "camp" includes
any residential or nonresidential recreational program.
(b) The commissioner shall inform the
person who made the report under subsection (a) of this
section:
(1) whether the report was accepted as a valid allegation
of abuse or neglect;
(2) whether an assessment was conducted and, if so,
whether a need for services was found; and
(3) whether an investigation was conducted and, if
so, whether it resulted in a substantiation.
(c) Any other concerned person not listed in subsection
(a) of this section who has reasonable cause to believe
that any child has been abused or neglected may report
or cause a report to be made in accordance with the provisions
of section 4914 of this title.
(d)(1) Any person other than a person suspected of child
abuse, who in good faith makes a report to the department
shall be immune from any civil or criminal liability which
might otherwise be incurred or imposed as a result of
making a report.
(2) An employer or supervisor shall
not discharge; demote; transfer; reduce pay, benefits,
or work privileges; prepare a negative work performance
evaluation; or take any other action detrimental to any
employee because that employee filed a good faith report
in accordance with the provisions of this subchapter.
Any person making a report under this subchapter shall
have a civil cause of action for appropriate compensatory
and punitive damages against any person who causes detrimental
changes in the employment status of the reporting party
by reason of his or her making a report.
(e) The name of and any identifying information
about either the person making the report or any person
mentioned in the report shall be confidential unless:
(1) the person making the report specifically allows
disclosure;
(2) a human services board proceeding or a judicial
proceeding results therefrom;
(3) a court, after a hearing, finds probable cause
to believe that the report was not made in good faith
and orders the department to make the name of the reporter
available; or
(4) a review has been requested pursuant to section
4916a of this title, and the department has determined
that identifying information can be provided without
compromising the safety of the reporter or the persons
mentioned in the report.
(f)(1) A person who violates subsection
(a) of this section shall be fined not more than $500.00.
(2) A person who violates subsection (a) of this section
with the intent to conceal abuse or neglect of a child
shall be imprisoned not more than six months or fined
not more than $1,000.00, or both.
(3) This section shall not be construed to prohibit
a prosecution under any other provision of law.
(g) Except as provided in subsection (h) of this section,
a person may not refuse to make a report required by this
section on the grounds that making the report would violate
a privilege or disclose a confidential communication.
(h) 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.
(i) When a member of the clergy receives
information about abuse or neglect of a child in a manner
other than as described in subsection (h) of this section,
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 subsection (h) of this section.
|
While every attempt has been made for this material to be as complete and current as possible, additional information may be in other sections of a state's code as well as agency regulations, case law, and informal practices and procedures. Don't assume any information is accurate, complete, or current; double-check all material before relying on it.HOME PAGE / DISCLAIMER / ATTORNEY ADVERTISINGCopyright
© 2002-2012 by Rothgerber Johnson & Lyons LLP. All rights reserved.
|
| |
