church law

The following is a reference for each of the states in the Southeastern District to be used as a resource related to reporting child abuse (real or suspected).

Important clarifying notes: (please scroll to view each state in chart)

(1) Most states classify persons as mandatory or permissive reporters of child abuse. Mandatory reporters are legally required to report known or reasonably suspected cases of child abuse, and they face criminal penalties (normally a misdemeanor) for failing to do so. Permissive reporters are persons who are not mandatory reporters. They are permitted to report, but are not legally required to do so.

(2) Most states do not list "ministers" as mandatory reporters. However, this does not mean that ministers are not mandatory reporters Ð ministers are mandatory reporters in any state that makes "any person" a mandatory reporter of child abuse. In other states, ministers may be mandatory reporters if they perform the duties of one of the specified categories of mandatory reporter. For example, a minister may be a mandatory reporter because he or she is a teacher or administrator at a church-operated school, or serves as a counselor.

(3) All states define a "child" as a person under the age of 18.

(4) Mandatory reporters who know of an incident of child abuse, or who have reasonable cause to believe that such an incident has occurred, are subject to criminal penalties if they do not comply with their stateÕs child abuse reporting law. Generally, the penalty for noncompliance is a misdemeanor. (5) Most states provide child abuse reporters with limited immunity from liability in the event that a report of child abuse proves to have been false or is not substantiated. Limited immunity means that the reporter cannot be liable unless the report was made with malice.

(6) In many states, mandatory reporters are required to report child abuse only if they learn of it in the course of performing their professional duties.

(7) No state clergy-penitent privilege statute or rule specifies that the privileged nature of a communication exempts a minister from complying with child abuse reporting requirements.

(8) Several state child abuse reporting laws provide that no child who is being treated solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church shall, for that reason alone, be considered to be an "abused" child.

(9) State laws are subject to change, and so this table should not be relied upon without the advice of an attorney familiar with local law.

(10) The dates (in parentheses) reflect the most recent statutory enactment defining the term "mandatory reporter." Numbers in brackets refer to sections in the relevant statute.

state	statute	what is reportable “abuse”	mandatory reporters	where to report	clergy privilege
DE	Code Title 16 902 et seq. (2003)	(Until July 9, 2006) physical injury by those responsible for the care, custody and control of the child; emotional or sexual abuse by anyone.	Includes any person who knows or in good faith suspects child abuse or neglect	The 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 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	Includes 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”
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 abuse or neglect under 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)
NC	Stats. 7B-101 et seq. (1999)	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)

Consol.

6301 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)

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” (since July 25, 2003), and any school teacher, counselor, principal, assistant principal, social or public assistance worker, or child care worker in 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)

Code

63.2

1501 et seq. (2000)

Physical, sexual, or mental abuse by a child’s parent of “other person responsible for his care”

Includes 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” (248.3)

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.” (248.11)