
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC13031]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                   CHAPTER 132--VICTIMS OF CHILD ABUSE
 
                  SUBCHAPTER IV--REPORTING REQUIREMENTS
 
Sec. 13031. Child abuse reporting


(a) In general

    A person who, while engaged in a professional capacity or activity 
described in subsection (b) of this section on Federal land or in a 
federally operated (or contracted) facility, learns of facts that give 
reason to suspect that a child has suffered an incident of child abuse, 
shall as soon as possible make a report of the suspected abuse to the 
agency designated under subsection (d) of this section.

(b) Covered professionals

    Persons engaged in the following professions and activities are 
subject to the requirements of subsection (a) of this section:
        (1) Physicians, dentists, medical residents or interns, hospital 
    personnel and administrators, nurses, health care practitioners, 
    chiropractors, osteopaths, pharmacists, optometrists, podiatrists, 
    emergency medical technicians, ambulance drivers, undertakers, 
    coroners, medical examiners, alcohol or drug treatment personnel, 
    and persons performing a healing role or practicing the healing 
    arts.
        (2) Psychologists, psychiatrists, and mental health 
    professionals.
        (3) Social workers, licensed or unlicensed marriage, family, and 
    individual counselors.
        (4) Teachers, teacher's aides or assistants, school counselors 
    and guidance personnel, school officials, and school administrators.
        (5) Child care workers and administrators.
        (6) Law enforcement personnel, probation officers, criminal 
    prosecutors, and juvenile rehabilitation or detention facility 
    employees.
        (7) Foster parents.
        (8) Commercial film and photo processors.

(c) Definitions

    For the purposes of this section--
        (1) the term ``child abuse'' means the physical or mental 
    injury, sexual abuse or exploitation, or negligent treatment of a 
    child;
        (2) the term ``physical injury'' includes but is not limited to 
    lacerations, fractured bones, burns, internal injuries, severe 
    bruising or serious bodily harm;
        (3) the term ``mental injury'' means harm to a child's 
    psychological or intellectual functioning which may be exhibited by 
    severe anxiety, depression, withdrawal or outward aggressive 
    behavior, or a combination of those behaviors, which may be 
    demonstrated by a change in behavior, emotional response or 
    cognition;
        (4) the term ``sexual abuse'' includes the employment, use, 
    persuasion, inducement, enticement, or coercion of a child to engage 
    in, or assist another person to engage in, sexually explicit conduct 
    or the rape, molestation, prostitution, or other form of sexual 
    exploitation of children, or incest with children;
        (5) the term ``sexually explicit conduct'' means actual or 
    simulated--
            (A) sexual intercourse, including sexual contact in the 
        manner of genital-genital, oral-genital, anal-genital, or oral-
        anal contact, whether between persons of the same or of opposite 
        sex; sexual contact means the intentional touching, either 
        directly or through clothing, of the genitalia, anus, groin, 
        breast, inner thigh, or buttocks of any person with an intent to 
        abuse, humiliate, harass, degrade, or arouse or gratify sexual 
        desire of any person;
            (B) bestiality;
            (C) masturbation;
            (D) lascivious exhibition of the genitals or pubic area of a 
        person or animal; or
            (E) sadistic or masochistic abuse;

        (6) the term ``exploitation'' means child pornography or child 
    prostitution;
        (7) the term ``negligent treatment'' means the failure to 
    provide, for reasons other than poverty, adequate food, clothing, 
    shelter, or medical care so as to seriously endanger the physical 
    health of the child; and
        (8) the term ``child abuse'' shall not include discipline 
    administered by a parent or legal guardian to his or her child 
    provided it is reasonable in manner and moderate in degree and 
    otherwise does not constitute cruelty.

(d) Agency designated to receive report and action to be taken

    For all Federal lands and all federally operated (or contracted) 
facilities in which children are cared for or reside, the Attorney 
General shall designate an agency to receive and investigate the reports 
described in subsection (a) of this section. By formal written 
agreement, the designated agency may be a non-Federal agency. When such 
reports are received by social services or health care agencies, and 
involve allegations of sexual abuse, serious physical injury, or life-
threatening neglect of a child, there shall be an immediate referral of 
the report to a law enforcement agency with authority to take emergency 
action to protect the child. All reports received shall be promptly 
investigated, and whenever appropriate, investigations shall be 
conducted jointly by social services and law enforcement personnel, with 
a view toward avoiding unnecessary multiple interviews with the child.

(e) Reporting form

    In every federally operated (or contracted) facility, and on all 
Federal lands, a standard written reporting form, with instructions, 
shall be disseminated to all mandated reporter groups. Use of the form 
shall be encouraged, but its use shall not take the place of the 
immediate making of oral reports, telephonically or otherwise, when 
circumstances dictate.

(f) Immunity for good faith reporting and associated actions

    All persons who, acting in good faith, make a report by subsection 
(a) of this section, or otherwise provide information or assistance in 
connection with a report, investigation, or legal intervention pursuant 
to a report, shall be immune from civil and criminal liability arising 
out of such actions. There shall be a presumption that any such persons 
acted in good faith. If a person is sued because of the person's 
performance of one of the above functions, and the defendant prevails in 
the litigation, the court may order that the plaintiff pay the 
defendant's legal expenses. Immunity shall not be accorded to persons 
acting in bad faith.

(g) Omitted

(h) Training of prospective reporters

    All individuals in the occupations listed in subsection (b)(1) of 
this section who work on Federal lands, or are employed in federally 
operated (or contracted) facilities, shall receive periodic training in 
the obligation to report, as well as in the identification of abused and 
neglected children.

(Pub. L. 101-647, title II, Sec. 226, Nov. 29, 1990, 104 Stat. 4806.)

                          Codification

    Section is comprised of section 226 of Pub. L. 101-647. Subsec. (g) 
of section 226 of Pub. L. 101-647 enacted section 2258 of Title 18, 
Crimes and Criminal Procedure.

                  Section Referred to in Other Sections

    This section is referred to in title 18 section 2258.
