January 23, 2012 |
2012-R-0058 | |
PENALTIES FOR FAILING TO REPORT SUSPECTED CHILD ABUSE | ||
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By: Susan Price, Senior Attorney | ||
You asked us to survey the 50 states, the District of Columbia, and Puerto Rico to identify what statutory penalties they set when a person who is legally required to report suspected child abuse willfully fails to do so. You also asked if states with stiffer penalties had experienced a significant increase in the number of complaints what were either frivolous or unsubstantiated when compared with states with lesser penalties.
SUMMARY
A December 2009 report from the U.S. Administration on Children, Youth, and Families details jail time, fines, or both, that states; the District of Columbia; and Puerto Rico can impose on mandated reporters who fail to report suspected child abuse or neglect. Failure to report is a crime, in most cases classified a misdemeanor, in 39 states (all except Connecticut, Delaware, Maryland, Massachusetts, Mississippi, New Jersey, North Carolina, Vermont, Virginia, Wisconsin, Wyoming, and Puerto Rico). In Arizona, Florida, Illinois, Kentucky, and Minnesota, misdemeanors are upgraded to felonies for failing to report comparatively serious situations; in Illinois, Kentucky, and Texas, second or subsequent offenses are classified as felonies.
Some states, including Connecticut, Delaware, Massachusetts, Vermont, and Virginia, impose fines only, but do not indicate whether the reporter's inaction is a civil or criminal matter. (Connecticut's Judicial Branch considers its statute to be civil in nature, but PA 11-93 indicates that a criminal prosecutor assesses the fine). Maryland, North Carolina, Wyoming, and Puerto Rico did not have penalty statutes as of the date this report was issued.
We found several media reports in which individuals are quoted as cautioning that imposing stiffer penalties on those who fail to report abuse or neglect may overwhelm child welfare agencies with frivolous or unsubstantiated reports. But we could find no empirical support for this concern. We have contacted child welfare officials in four states with comparatively stiff penalties (California, Delaware, Florida, and Illinois) and asked anecdotally if they had experienced significant increases in such complaints after they increased their failure-to-report penalties. We are waiting for their responses. However, even if they report an uptick in frivolous or unsubstantiated complaints, we could not conclude that this circumstance was caused by the penalty enhancement.
Table 1 shows state penalties by state, identifying parenthetically the state of mind required to trigger a reporter's statutory liability. We also include the range of penalties when they are specifically included in the reporting statute.
Table 1: Mandated Reporters: Penalties for Failure to Report Suspected Child Abuse and Reporter's State of Mind
State/Statute |
Statutory Penalty (Required State of Mind) |
Alabama Ala. Code §26-14-13 |
Misdemeanor (knowing) ● imprisonment for up to 6 months or a fine of up to $500 |
Alaska Alaska Stat. § 47.17.068 |
Class A misdemeanor (knowing, or should have known) |
Arizona Az. Rev. Stat. §13-3620(O) |
Class A misdemeanor (state of mind not specified) Class 6 felony if failure to report involves a “reportable offense,” (generally criminal statutes involving child sexual abuse) |
Arkansas Ark. Ann. Code §§ 12-18-201, -202, and -206 |
1st degree Class A misdemeanor (knowing) 2nd degree Class C misdemeanor (reckless ) Class A misdemeanor: unlawful restraint on child abuse reporting (applies to pre-schools, day care centers, and schools) |
California Cal. Penal Code §§ 11166(c); 11166.01 |
Misdemeanor (state of mind not specified) ● imprisonment for up to 6 months, a $1,000 fine, or both Unclassified offense: supervisor impeding others from filing report ● imprisonment for up to 6 months, a fine of up to $1,000, or both Unclassified offense: willfully failing or impeding report, when abuse results in death or great bodily injury ● imprisonment for up to 1 year, fine of up to $5,000, or both (Members of the clergy are exempt if information was obtained during confession) |
Colorado Colo. Rev. Stat. § 19-3-304(4) |
Class 3 misdemeanor (state of mind not specified) |
Connecticut CGS § 17a-101a |
Fine between $500 and $2,500 (state of mind not specified) |
Delaware Del. Ann. Code, Tit. 16 § 914 |
Civil fine of up to $10,000 for 1st offense Civil fine of up to $50,000 for subsequent offense |
District of Columbia D.C. Code Ann. § 4-1321.07 |
Unclassified offense: willful failure to report ● imprisonment for up to 90 days, a fine of up to $300, or both |
Florida Fla. Ann. Stat. §39.205(1) and –(2) |
1st degree misdemeanor for knowing or willful failure to report or interference with another's reporting attempt ● imprisonment for up to 1 year or $1,000 fine 3rd degree felony for knowing failure of household member to report ● imprisonment for up to 5 years or $5,000 fine |
Georgia Ga. Ann. Code § 19-7-5(h) |
Misdemeanor (knowing and willful) (No reporting exemption for information learned in course of privileged communication) |
Hawaii Haw. Rev. Stat. § 350-1.2 |
Petty misdemeanor (knowing failure to provide information or preventing another from reporting) |
Idaho Idaho Code § 16-1605(4) |
Misdemeanor (state of mind not specified) (Members of clergy exempt if information learned during confession or other privileged communication.) |
Illinois Ill. Comp. Stat. Ch. 325, §§5/4.02; 5/4 |
Class A misdemeanor (willful) for 1st offense; Class 4 felony for subsequent offense Class 4 felony if person acted as part of scheme to protect abuser from arrest or prosecution; Class 3 felony for subsequent offense (regardless of whether subsequent offenses involve same facts or victim) |
Indiana Ind. Ann. Code § 31-33-22-1 |
Class B misdemeanor (knowing) Class B misdemeanor if staff member of a medical or other institution, school, facility, or agency is required to make report to entity's head or designee and knowingly fails to do so (penalty is in addition to penalty above ) |
Iowa Iowa Ann. Stat. § 232.75(1) and (2) |
Simple misdemeanor (knowing and willful) |
Kansas Kan. Ann. Stat. § 38-2223(e) |
Class B misdemeanor (knowing and willful); no defense that someone else reported the incident Class B misdemeanor (intentionally preventing or interfering with filing of another's mandated report) |
Kentucky Ky. Rev. Stat. § 620-990(1) |
Class B misdemeanor (intentional) Class A misdemeanor (2nd offense) Class D felony (subsequent offense) |
Louisiana La. Children's Code 609; Rev. Stat. 14:403(A)(1) |
Misdemeanor (knowing and willful failure to report or obstructing another's reporting efforts) ● imprisonment for up to 6 months, a fine of up to $500, or both |
Maine Me. Rev. Stat. Tit. 22, § 4009 |
Civil violation ● forfeiture of up to $500 |
Maryland |
No statute found |
Massachusetts M.GL.A. Ch. 119, § 51A |
Fine of up to $1,000 (willful) If reporter knows of abuse involving serious bodily injury or death, willful failure to report is punishable by imprisonment for up to 6 months, a fine of up to $2,000, or both (1st offense); subsequent offenses: imprisonment for up to 2 ½ years, a fine of up to $2,000, or both In lieu of report to state, mandated hospital, school, and public or private facility reporters can alternatively notify facility head or designee, who then becomes responsible for reporting |
Michigan Mich. Comp. Laws § 7222.633(1) and (2) |
Misdemeanor (state of mind not specified) ● imprisonment for up to 93 days, a fine of up to $500, or both |
Minnesota Minn. Stat. Ann. § 626.556, Sub. 6 |
Misdemeanor for failing to report abuse occurring within past 3 years Gross misdemeanor when perpetrator has engaged in physical or sexual abuse of more than 1 child during the past 10 years |
Mississippi Miss. Ann. Code §43-21-353(7) |
Unclassified offense (willful) ● imprisonment for up to 1 year, a fine of up to $5,000, or both |
Missouri Mo. Ann. Stat. § 210.165(1) |
Class A misdemeanor (state of mind not specified) |
Montana Mont. Ann. Code § 41-3-207 |
Misdemeanor (purposely or knowingly failing to report or knowingly preventing someone else from doing so) |
Nebraska Neb. Rev. Stat. § 28-171 |
Class III misdemeanor (willful) |
Nevada Nev. Rev. Stat. § 432B.240 |
Misdemeanor (knowing and willful) |
New Hampshire N.H. Rev. Stat. § 169-C:39 |
Misdemeanor (knowing) |
New Jersey N.J. Ann. Stat. 9:6-8.14 |
Disorderly person (knowing) |
New Mexico N.M. Ann. Stat. § 32A-4-3(F) |
Misdemeanor ● imprisonment for up to 1 year, fine of up to $1,000, or both |
New York N.Y. Soc. Serv. Laws § 420 |
Class A misdemeanor |
North Carolina |
Statute not found |
North Dakota N.D. Cent. Code § 50-25.1-13 |
Class B misdemeanor (willful) |
Ohio Ohio Rev. Stat. § 2151.99 |
4th degree misdemeanor 1st degree misdemeanor if abused or threatened child is under direct care or supervision of person who is supervised by perpetrator 1st degree misdemeanor if designated-member of clergy fails to report, knowing that perpetrator is or was cleric or other person associated with same church) |
Oklahoma Okla. Ann. Stat. Tit. 10A, §1-2-101(c) |
Misdemeanor (knowing and willful failure to report or interfering with child abuse investigation) (Privileged communications or contractual confidentiality agreements not exempt) |
Oregon Ore. Rev. Stat § 419B.101(3) |
Class A violation (state of mind not specified) |
Pennsylvania Penna. Cons. Stat. Ch. 23, § 6319 |
3rd degree misdemeanor (1st offense – willful) 2nd degree misdemeanor (subsequent offenses) |
Puerto Rico |
No statute found |
Rhode Island R.I. Gen. Laws § 40-11-6.1 |
Misdemeanor (knowing failure to report or preventing reasonable person from doing so ● imprisonment for up to 1 year, a fine of up to $500, or both |
South Carolina S.C. Ann. Code § 63-7-410 |
Misdemeanor (knowing failure to report or threatening a witness) |
South Dakota S. D. Ann. Stat. §§ 26-8A-3, -4, -6, and -7 |
Class 1 misdemeanor (intentional) |
Tennessee Tenn. Ann. Code § 37-1-412 |
Class A misdemeanor (knowing) |
Texas Tex. Fam. Code § 261.109 |
Class A misdemeanor (knowing) State jail felony if victim has mental retardation and reporter knew victim was seriously injured |
Utah Utah Ann. Code § 62A-4a-411 |
Class B misdemeanor (willful) |
Vermont Vt. Ann. Stat. Tit. 33 § 4913(f) |
Fine of up to $500 If failure to report was in order to conceal child abuse, imprisonment for up to 6 months, a fine of up to $1,000, or both |
Virginia Va. Ann. Code § 63.2-1509(D) |
Failure to report promptly ● Fine of up to $500 for first offense ● Fine between $100 and $1,000 for subsequent offenses In lieu of report to child welfare agency, teachers and other professionals working in schools or other specified facilities can report to the person in charge, who must then immediately report. (Members of clergy are exempted if information was obtained during confidential or privileged communication.) |
Washington Wa. Rev. Code §§ 26.44.060(4); 9A.20.021 |
Gross misdemeanor (knowing) ● imprisonment for up to 1 year, a fine of up to $5,000, or both |
West Virginia W. Va. Ann. Code § 49-6A-8 |
Misdemeanor (knowing failure to report or preventing a reasonable from doing so) ● imprisonment for up to 10 days, a fine of up to $100, or both |
Wisconsin Wisc. Ann. Stat. § 48.981(6) |
Unclassified offense ● imprisonment for up to 6 months, a fine of up to $1,000, or both |
Wyoming |
Statute not found |
Source: Penalties for Failure to Report and False Reporting of Abuse and Neglect: Summary of State Laws. Welfare Information Gateway, (U.S. Administration on Children, Youth, and Families (Dec. 2009)) http://www.childwelfare.gov/systemwide/laws_policies/statutes/reportall.pdf (updated through 2011 using Westlaw).
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