Stop Child Predators

Model State Legislation

This model legislation was adopted by the American Legislative Exchange Council in January 2012.


Child Protection Reporting Requirement Act

Summary

This Act requires that an individual representing the state or working for the state, in a position of authority over minors, who witnesses the physical or sexual abuse of a minor [as defined by the state] submits an oral or written report about the incident to local child protective services agency or the appropriate law enforcement agency, providing exceptions.

Model Legislation

{Title, enacting clause, etc.}

Section 1. {Title}

This Act may be cited as the "Child Protection Reporting Requirement Act."

Section 2. {Reporting of Abuse or Neglect - By Individuals Representing the State.}

A. Notwithstanding any other provision of law, including any law on privileged communications, in the course of operations of entities which receive state funding, each individual in a position of authority over minors:

  1. Who has reason to believe that a minor has been subjected to abuse, shall notify the local child protective services agency or the appropriate law enforcement agency; or
  2. Who has reason to believe that a minor has been subjected to neglect, shall notify the local child protective services agency; and
  3. Shall immediately notify and give all information required by this section to the head of the institution in which he or she is employed or the designee of the head.
  4. Individuals who witness physical or sexual abuse of a minor shall immediately notify any police department or sheriff's department, not including a school district police or security or probation department.

B. An individual who notifies the appropriate authorities under Section A shall make:

  1. An oral or written report, by telephone or direct communication as soon as realistically possible:
    1. To the local child protective services agency or appropriate law enforcement agency if the person has reason to believe that the child has been subjected to physical or sexual abuse; or
    2. To the child protective services agency if the person has reason to believe that the child has been subjected to neglect.

C. An agency to which a report of suspected abuse is made under Subsection (1) of this Subsection shall immediately notify the other agency.

  1. This paragraph does not prohibit a local department and an appropriate law enforcement agency from agreeing to cooperative arrangements.

D. Insofar as is reasonably possible, an individual who makes a report under this section shall include in the report information that would aid law enforcement in the investigation.

E. A person is not required to provide notice under Subsection (A) of this Section:

  1. In violation of attorney-client privilege the privilege; or
  2. If the notice would disclose matter communicated in confidence by a client to the client's attorney or other information relating to the representation of the client; or
  3. In violation of any constitutional right to assistance of counsel.

F. A minister of the gospel, clergyman, or priest of an established church of any denomination is not required to provide notice under Subsection (A) of this Section if the notice would disclose matter in relation to any communication under the protection of privilege and:

  1. 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
  2. The minister, clergyman, or priest is bound to maintain the confidentiality of that communication under canon law, church doctrine, or practice.

G. Notification of other agency and cooperative agreements:

  1. An agency to which a report of suspected abuse is made under Subsection (A) of this section shall immediately notify the other agency.
  2. This subsection does not prohibit a local department and an appropriate law enforcement agency from agreeing to cooperative arrangements.

Section 3. {Penalties, Immunities, and Reporting}

A. Except as otherwise specified, all reporting requirements, penalties, and immunities shall be identical to those imposed on other individuals mandated to report.

B. A person who reports abuse or neglect as required by this Act is immune from civil liability unless the report made is knowingly false.


Section 4. {Severability Clause}


Section 5. {Repealer Clause}


Section 6. {Effective Date}