STATE STATUTES Current Through January 2017 WHAT’S INSIDE Content of reports Making and Screening Reporting suspicious Reports of Child Abuse deaths Reporting substance- and Neglect exposed infants All 50 states, the District of Columbia, American Agency receiving the Samoa, Guam, the Northern Mariana Islands, Puerto reports Rico, and the U.S. Virgin Islands have laws and policies that specify procedures for making and Initial screening decisions responding to reports of suspected child abuse or neglect. These laws require certain professionals, Agency conducting the known as mandated reporters, to make an immediate assessment/investigation report when they suspect or know of abusive or Assessment/investigation neglectful situations. (For more information about procedures the requirements for these individuals to report, see Child Welfare Information Gateway’s Mandatory Timeframes for Reporters of Child Abuse and Neglect at https://www. completing investigations childwelfare.gov/topics/systemwide/laws-policies/ Classification of reports statutes/manda/.) State laws and policies also specify the required content of reports, criteria for screening Summaries of state laws reports, investigation procedures, timeframes for completing investigations, and classification of investigative findings. Many states also have To find statute special procedures for handling child fatalities and information for a substance-exposed children. particular state, go to https://www.childwelfare. gov/topics/systemwide/ laws-policies/state/. Children’s Bureau/ACYF/ACF/HHS 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov Making and Screening Reports of Child Abuse and Neglect https://www.childwelfare.gov Content of Reports Reporting Substance-Exposed Infants Oral reports can be made to child protective services Mothers who use drugs or alcohol during their pregnancy (CPS), a local law enforcement agency, or a statewide may give birth to infants who show signs or symptoms of child abuse hotline. In 18 states, American Samoa, Guam, drug exposure. The federal Child Abuse Prevention and and Puerto Rico, a mandated reporter is required to Treatment Act (CAPTA) requires states to have policies submit a written report after he or she has made an oral and procedures to address the needs of substance- report.1 In nine states, the District of Columbia, and the exposed infants.4 Approximately 24 states and the District Virgin Islands, a written report is required only when of Columbia have specific reporting procedures for cases requested by the department or agency that received the of suspected substance-exposed infants.5 In general, initial report.2 these statutes make drug exposure or a positive drug test alone the basis for reporting child abuse or neglect. Most states specify in statute the types of information Standard reporting procedures apply in those states that that should be included in a report of suspected abuse statutorily define infant drug exposure as child abuse and or neglect. The reporter will be asked to provide as neglect but have no specific reporting procedures for much information about the child’s situation as he or substance-exposed infants.6 she can, including the names and addresses of the child and the child’s parents or other persons responsible for Agency Receiving the Reports the child’s care, the child’s age, conditions in the child’s home environment, the nature and extent of the child’s In all jurisdictions, the initial report may be made to injuries, and information about other children in the same either CPS or a law enforcement agency. Laws in 34 environment. states, the District of Columbia, Guam, and Puerto Rico require state agencies to maintain centralized telephone Reporting Suspicious Deaths lines 24 hours a day, 7 days a week, for the acceptance of child maltreatment reports.7 In practice, most states Approximately 34 states, American Samoa, Guam, the have statewide, toll-free numbers for accepting reports Northern Mariana Islands, and Puerto Rico provide of maltreatment. In some states, reports may be made via for specific reporting procedures to be followed when the Internet.8 the reporter suspects that child abuse or neglect may have caused the death of a child.3 Typically, the statutes instruct a mandatory reporter to report a suspicious child death to a medical examiner or coroner. For states that do not have specific reporting procedures for suspicious child deaths, standard child abuse reporting procedures 4 42 U.S.C. 5106a(b)(2)(B)(iii) (2010). 5 Alaska, Arizona, Arkansas, California, Illinois, Iowa, Kansas, Kentucky, apply. Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, Oklahoma, Utah, Virginia, Washington, West 1 Alabama, California, Colorado, Connecticut, Hawaii, Illinois, Iowa, Louisiana, Virginia, and Wisconsin. Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, 6 See Information Gateway’s Parental Drug Use as Child Abuse at Nevada, New York, Pennsylvania, and Rhode Island. https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/ 2 Georgia, Kansas, Kentucky, Maine, New Hampshire, North Dakota, Ohio, drugexposed/. Washington, and West Virginia. 7 Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Idaho, Illinois, 3 The word “approximately” is used to stress the fact that states frequently Indiana, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, amend their laws. This information is current through January 2017. The Mississippi, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, 34 states that provide procedures for reporting suspicious child deaths are New York, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Illinois, Tennessee, Texas, Virginia, Washington, West Virginia, and Wyoming. Indiana, Kansas, Louisiana, Maine, Massachusetts, Michigan, Minnesota, 8 For a state-by-state listing of telephone numbers and Mississippi, Missouri, Montana, Nevada, New York, North Carolina, Ohio, websites for making reports, see Information Gateway’s “State Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Child Abuse and Neglect Reporting Numbers,” at https://www. Tennessee, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin, and childwelfare.gov/organizations/?CWIGFunctionsaction=rols:main. Wyoming. dspList&rolType=Custom&RS_ID=5. This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. This publication is available online at https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/repproc/. 2 Making and Screening Reports of Child Abuse and Neglect https://www.childwelfare.gov In four states, a report involving an Indian child residing The approaches used to screen reports vary from on tribal lands can be made directly to a tribal authority state to state, but nearly all states utilize a type of or be referred to the tribe for investigation by the state safety assessment to determine which reports require agency.9 In three states, the state agency may assist in an immediate responses. Approximately 37 states and the investigation only when the tribe requests assistance.10 District of Columbia categorize reports based on the level For Indian children not residing on tribal lands, protective of risk of harm to the child and assign different response agencies in four states may respond to a report, but times.15 Twenty-one states and the District of Columbia the child’s tribe must be notified that a report has been use differential response systems in which any case received.11 identified as presenting a high risk of harm is assigned to be investigated, and any case where the risk of harm is In six states, the appropriate military authorities must be low is assigned to receive an assessment of the family’s notified when a report is received that concerns a child strengths and need for intervention services to reduce the whose parent or guardian is a member of the armed risk of future harm to the child.16 forces.12 In these cases, CPS and military authorities may share information and coordinate their investigations of the Agency Conducting the Assessment/ reports. In Florida and Idaho, a report is referred to military Investigation authorities when the children named in the report reside on a federal military base. In those cases, the military Investigations may be conducted by the CPS agency, authorities have the sole responsibility to investigate the a law enforcement agency, or cooperatively by both reports. agencies. To better coordinate the investigative process, five states and the District of Columbia use Initial Screening Decisions multidisciplinary teams.17 These teams typically include representatives from CPS, law enforcement, prosecutors’ The laws and policies in all jurisdictions specify procedures offices, and health and mental health services who for the initial response required by the agencies receiving work to reduce trauma to child victims by avoiding the the reports. The ultimate purpose of the reporting system necessity of multiple interviews. is to ensure the child’s safety and well-being.13 In most states, the agency that receives a report of suspected child abuse or neglect will first screen the report to determine whether it meets the criteria for acceptance. For acceptance, the report must concern actions that meet the statutory definition of child abuse or neglect