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U.S. Code as of:
01/19/04
Section 1169. Reporting of child abuse
(a) Any person who -
(1) is a -
(A) physician, surgeon, dentist, podiatrist, chiropractor,
nurse, dental hygienist, optometrist, medical examiner,
emergency medical technician, paramedic, or health care
provider,
(B) teacher, school counselor, instructional aide, teacher's
aide, teacher's assistant, or bus driver employed by any
tribal, Federal, public or private school,
(C) administrative officer, supervisor of child welfare and
attendance, or truancy officer of any tribal, Federal, public
or private school,
(D) child day care worker, headstart teacher, public
assistance worker, worker in a group home or residential or day
care facility, or social worker,
(E) psychiatrist, psychologist, or psychological assistant,
(F) licensed or unlicensed marriage, family, or child
counselor,
(G) person employed in the mental health profession, or
(H) law enforcement officer, probation officer, worker in a
juvenile rehabilitation or detention facility, or person
employed in a public agency who is responsible for enforcing
statutes and judicial orders;
(2) knows, or has reasonable suspicion, that -
(A) a child was abused in Indian country, or
(B) actions are being taken, or are going to be taken, that
would reasonably be expected to result in abuse of a child in
Indian country; and
(3) fails to immediately report such abuse or actions described
in paragraph (2) to the local child protective services agency or
local law enforcement agency,
shall be fined under this title or imprisoned for not more than 6
months or both.
(b) Any person who -
(1) supervises, or has authority over, a person described in
subsection (a)(1), and
(2) inhibits or prevents that person from making the report
described in subsection (a),
shall be fined under this title or imprisoned for not more than 6
months or both.
(c) For purposes of this section, the term -
(1) "abuse" includes -
(A) any case in which -
(i) a child is dead or exhibits evidence of skin bruising,
bleeding, malnutrition, failure to thrive, burns, fracture of
any bone, subdural hematoma, soft tissue swelling, and
(ii) such condition is not justifiably explained or may not
be the product of an accidental occurrence; and
(B) any case in which a child is subjected to sexual assault,
sexual molestation, sexual exploitation, sexual contact, or
prostitution;
(2) "child" means an individual who -
(A) is not married, and
(B) has not attained 18 years of age;
(3) "local child protective services agency" means that agency
of the Federal Government, of a State, or of an Indian tribe that
has the primary responsibility for child protection on any Indian
reservation or within any community in Indian country; and
(4) "local law enforcement agency" means that Federal, tribal,
or State law enforcement agency that has the primary
responsibility for the investigation of an instance of alleged
child abuse within the portion of Indian country involved.
(d) Any person making a report described in subsection (a) which
is based upon their reasonable belief and which is made in good
faith shall be immune from civil or criminal liability for making
that report.
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