Luke Wickham
Mandatory Reporting of Child Abuse and Neglect.
State law identifies certain individuals as having a requirement to report child abuse or neglect if there is reasonable cause to believe that a child has suffered abuse or neglect. These individuals must report this information to a law enforcement agency or to the Department of Children, Youth, and Families (DCYF).
Mandatory reporters of child abuse and neglect include:
Reasonable cause for purposes of mandated reporting of child abuse and neglect is defined to mean a person witnesses or receives a credible written or oral report alleging abuse, including sexual contact, or neglect of a child.
Any mandated reporter who knowingly fails to make a report is guilty of a gross misdemeanor.
Clergy-Penitent Privilege.
A member of the clergy, a Christian Science practitioner, or a priest cannot be examined as to any confession or sacred confidence made without the consent of a person making the confession or sacred confidence.
Members of the clergy are required to report child abuse or neglect when the clergy member has reasonable cause to believe a child has suffered abuse or neglect, except with regard to information that a clergy member obtains in that person's professional character as a religious or spiritual advisor when the information is obtained solely in the context of a penitential communication.
A penitential communication is a communication that is:
A penitential communication does not include:
Members of the clergy must warn the Department of Children, Youth, and Families or law enforcement when they have reasonable cause to believe that a child is at imminent risk of being abused or neglected, even if that belief is informed by information obtained in part as a result of a penitential communication.