Who is mandated to report?

Are all health clinicians mandated to report?

  • Yes.

Who else is a mandated reporter?

  • Medical examiners
  • Chiropractors
  • Physical therapists
  • Nurses
  • Mental health professionals
  • Any other person called upon to render aid or medical assistance to a child

For more information, refer to 2017 Code of Alabama at Justia US Law

When is the reporting duty triggered?

What is the standard?

  • A report must be made when the child is known or suspected of being a victim of abuse or neglect.

For more information, refer to Mandatory Reporters of Child Abuse and Neglect at the Child Welfare Information Gateway.

What must be reported?

How does state law define child abuse and neglect for reporting purposes?

  • A mandated reporter must report “abuse” or “neglect” as defined by Alabama Code 26-14-1 and any case law and other legal guidance interpreting this statute.
  • “Abuse” means harm or threatened harm to a child's health or welfare. Harm or threatened harm to a child's health or welfare can occur through nonaccidental physical or mental injury, sexual abuse or attempted sexual abuse, or sexual exploitation or attempted sexual exploitation.
  • “Sexual abuse” includes the employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or having a child assist any other person to engage in, any sexually explicit conduct or any simulation of the conduct for the purpose of producing any visual depiction of the conduct; or the rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children as those acts are defined by Alabama law.
  • “Sexual exploitation” includes allowing, permitting, or encouraging a child to engage in prostitution and allowing, permitting, encouraging, or engaging in the obscene or pornographic photographing, filming, or depicting of a child for commercial purposes.
  • “Neglect” means the negligent treatment or maltreatment of a child, including the failure to provide adequate food, medical treatment, supervision, clothing, or shelter.

Are child molestation, sexual abuse, rape, statutory rape, incest, intimate partner violence, sexual exploitation and/or trafficking of a minor reportable as abuse or neglect and if so, how are they defined and what is reportable?

For the most current definitions of abuse and neglect, refer to 2017 Code of Alabama at Justia US Law.

How to report:

What is the method of reporting?

  • All mandated reporters must make an oral report, followed by a written report.

For more information, refer to Making and Screening Reports of Child Abuse and Neglect at the Child Welfare Information Gateway.

What is the timeline in which to report?

  • All mandated reporters are required to immediately make and oral report when they know or suspect that a child is a victim of child abuse or neglect.

For more information, refer to Making and Screening Reports of Child Abuse and Neglect at the Child Welfare Information Gateway.

To whom are reports made?

  • Reports must be made to a duly constituted authority. A duly constituted authority includes:
    • The chief of police of a municipality or municipality and county
    • The sheriff if the observation of child abuse or neglect is made in an unincorporated territory
    • The Department of Human Resources (DHR)
    • Any person, organization, corporation, group, or agency authorized and designated by DHR to receive reports of child abuse and neglect

For more information, refer to Making and Screening Reports of Child Abuse and Neglect at the Child Welfare Information Gateway.

State/County Hotline?

  • Report child abuse and neglect to the county Department of Human Resources. County contact information is located on the county office contact lookup page.

Confidentiality:

What federal confidentiality laws apply to health information collected during a Title X visit?

  • Title X regulations 42 CFR 59.11
  • HIPAA 45 CFR 164.502

Is there an exception in federal confidentiality law that allows a clinician to comply with mandatory child abuse reporting laws?

  • Yes.