If a valid report or complaint is filed under Virginia Code Section 63.2-1509 B, the local division may apply to a District Court for Minors and Family Relations for any necessary services or court orders necessary to ensure the safety and health of the child pursuant to Section 16.1-241.3 of the Virginia Code. Most states have a detailed and limited definition of who is considered a “mandatory registrant”, that is, a person who has a duty to report any child abuse that he or she suspects. This list typically includes doctors, social workers, teachers, and law enforcement experts, although again, state-specific requirements can vary and are very important. Specifically, Virginia includes the following categories of individuals: Some institutions, such as schools and hospitals, have established internal guidelines for reporting abuse internally. In some states and the District of Columbia, the law allows a journalist hired working at such an establishment to report his suspicions to his superiors, who then report to the authorities. This is called institutional reporting. However, reporting abuse to your supervisors in accordance with internal policies does not necessarily relieve you of your obligation to report directly to authorities, although this is possible in some states. [6] However, other states require the employee to contact local authorities directly, notwithstanding internal reporting obligations. [7] Make sure you know the requirements that apply to your business. Create your policies to reflect regulatory reporting standards so that your employees and collaborators can handle allegations with caution and avoid personal and institutional liability. One. For the purposes of this Regulation, `drug addict` means a finding made by a health professional and may be determined by clinical indicators covering the presentation of mother and child at birth; substance use and medical history; and contain results from infant toxicology studies that are positive for illicit substances or indicate abuse of controlled substances. Journalists acting in good faith are exempt from any civil or criminal liability arising from such reporting.

Note: State laws can always change through the passage of new laws, decisions in higher courts (including federal decisions), voting initiatives, and other means. While we strive to provide the most up-to-date information available, please consult an attorney or conduct your own legal research to review the state laws you are seeking. As commissioned rapporteur, your duty to report suspicions of child abuse or neglect is extremely serious. The majority of states have laws in place to punish any failure to report child abuse by a hired journalist. If you do your homework, you risk a hefty fine, jail time or other consequences. It is important to know the consequences of not making a statement in your state or territory. Some states make no distinction between mandatory and permissive declarants. For example, Maryland and North Carolina require all suspected abusers or neglect to report it, whether they qualify as permissive or mandatory flaggers. [3] In these states, all staff, collaborators and volunteers are mandatory reporters without additional privileges or protections. If this is true in your state, make sure policies are in place to collect these reports and make sure you and your employees avoid liability.

In Arizona, there are legal protections for a mandatory registrant who submits a report. Statute of the State of Arizona (A.R.S. 13-3620) provides that a person who submits a report is exempt from civil or criminal liability unless he acted maliciously. Created by FindLaw`s team of writers and legal writers| Last updated: 23 May 2018 States and territories take the duty of a designated rapporteur to report child abuse very seriously. Failure to report child abuse can result in serious consequences, including a fine or jail time for the reporter. Reporting requirements are country-specific. Although requirements vary, each state`s unique legal framework for reporting allegations of child abuse includes at least the following: A. The persons required to report are those defined in Section 63.2-1509 of the Virginia Code. You could face a fine or jail time 20 U.S. states, the District of Columbia, Guam, the North Mariana Island, and the Virgin Islands set penalties for non-reporting.

If so, consequences include: 4. Under Virginia Code Section 63.2-1509 D, failure by a hired journalist to come forward as soon as reasonably possible, but not later than 24 hours after the reasonable suspicion of a child abuse or neglect offense, is fined. 1. The designated rapporteurs shall report without delay any suspicion of abuse or neglect of which they become aware in the performance of their professional or official duties, unless the person is effectively aware that the same problem has already been reported to the local service or to the toll-free telephone line for cases of child abuse and neglect. The law requires that reports be made as soon as possible, but no later than 24 hours after there are grounds to suspect abuse. Depending on where you live, an institution can also face serious consequences. These include: Disclaimer: This memorandum is provided for general information purposes only and is not a substitute for legal advice tailored specifically to your situation. No addressee of this memorandum shall act or refrain from acting solely on the basis of this memorandum without seeking professional legal assistance. Simms Showers LLP expressly disclaims any liability for any action taken or not taken solely on the basis of the contents of this memorandum. Please contact Robert Showers in hrs@simmsshowerslaw.com, Daniel Hebda in djh@simmsshowerslaw.com or Elyse Smith in ems@simmsshowerslaw.com for specific legal advice on this subject depending on your needs. Simms Showers LLP © 2014 (1) Pursuant to Virginia Code Section 63.2-1506, the local department must determine whether the mother of an infant exposed to a controlled substance sought addiction counseling or treatment before the child was born. For the purposes of this chapter, drug counselling or treatment includes education about the effects of alcohol and drugs, legal or illegal, on the infant and on the mother-child relationship, as well as education about the prevention of recidivism.

3. If the abuse or neglect occurred in the past AND the victim is now 18 years of age or older, Child Protection Services will not accept the report. You can, but are not obliged, to report the problem to the competent law enforcement authority. If the abuse of neglect has occurred in the past, but the victim is still a minor (under 18 years of age), you must report it as described above. Since every state is different, you should consult with competent legal counsel to understand your state`s requirements and how they may apply to different scenarios. While this article is not intended to replace competent legal advice on these matters, below is a summary of the relevant requirements in Virginia and surrounding jurisdictions in the Mid-Atlantic region. Reports should be directed to the Department of Human Services` toll-free child abuse and neglect hotline (in Virginia: 800-552-7096) or to the local Department of Human Services. The Ministry of Social Services provides an online list of local social services. Abuse or neglect may be reported to the department of the district or city where the minor resides or where the abuse or neglect is suspected to have occurred. Persons subject to the obligation to report who fail to inform the authorities as soon as possible may be prosecuted under civil and criminal law. In Virginia, for example, a mandatory registrant can be fined up to $500 for a first non-reporting offense and at least $1,000 for each subsequent breach.

[8] If the abuse involves some form of sexual abuse, failure to file a complaint may be punished as a Class 1 offence, which may result in hefty fines and imprisonment. C. Complaints and reports of child abuse or neglect may be anonymous. 6. Under Virginia Code Section 63.2-1509 B, certain medical facts indicating that a newborn was exposed to a controlled substance prior to birth constitute grounds for suspecting that a child is being abused or neglected and must be reported. These facts include (i) a determination by a health care provider within six weeks of the birth of a child that the child was born who was affected by substance abuse or had withdrawal symptoms due to exposure to the drug in utero; (ii) a diagnosis by a health care provider within four years after the birth of a child that the child has a disease or condition resulting with reasonable medical certainty from the abuse of a controlled substance by the mother during pregnancy; or (iii) a diagnosis by a health care provider within four years of the birth of a child that the child has Fetal Alcohol Spectrum Disorder resulting from alcohol exposure in utero.