STATES' MANDATORY CHILD ABUSE REPORTING LAWS
States That Require Clergy to Report Child Abuse and States That Allow Clergy Penitent PrivilegeFebruary 2004
Nina Williams-MbengueThe following information is collected from the 2003 Child Abuse and Neglect
State Statute Series Ready Reference Reporting Laws: Clergy as Mandatory Reporters.
The report may be accessed at: http://nccanch.acf.hhs.gov/general/legal/statutes/readyref/mandclergy.pdf.
The Clearinghouse also offers a report on all mandatory reporter categories, by state, at: http://nccanch.acf.hhs.gov/general/legal/statutes/sag/manda.pdf Clergy as Mandatory ReportersApproximately 21 states require clergy to report child abuse. The states are: Arizona, Arkansas, California, Colorado, Connecticut, Illinois, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Mexico, North Dakota, Oregon, Pennsylvania, Vermont, and West Virginia. Six states specifically require Christian Science practitioners to report child abuse (several are in addition to clergy). The states are: Arizona, Arkansas, Louisiana, Massachusetts, Nevada and Vermont.Clergy Penitent PrivilegeSeventeen (17) states recognize the clergy-penitent privilege and allow clergy to maintain the confidentiality of pastoral communications. These states are: Arizona, Arkansas, California, Colorado, Illinois, Maine, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nevada, New Mexico, North Dakota, Oregon, Pennsylvania, and Vermont. New Hampshire and West Virginia deny the privilege in cases of suspected child abuse or neglect. Delaware, Florida, Idaho, Kentucky, Maryland, Utah and Wyoming require any person to report, which may include clergy, and they grant the privilege. Louisiana, South Carolina and Washington grant the clergy-penitent privilege although neither clergy nor any persons are mandated reporters. Connecticut and Mississippi require clergy to report, but do not address the privilege in their reporting laws. North Carolina, Rhode Island and Texas require any person to report and deny clergy-penitent privilege in child abuse cases.All Persons Required to ReportFinally, 18 states, and Puerto, require all persons to report child abuse. These states are: Delaware, Florida, Idaho, Indiana, Kentucky, Maryland, Mississippi, Nebraska, New Hampshire, New Jersey, New Mexico, North Carolina, Oklahoma, Rhode Island, Tennessee, Texas, Utah and Wyoming. Of those states, Delaware, Florida, Idaho, Kentucky, Maryland, Utah and Wyoming exempt clergy from reporting if they become aware of the abuse during confession or in the capacity of spiritual advisor. North Carolina, Rhode Island and Texas require all persons to report and specifically deny clergy penitent privilege in cases of suspected child abuse. Indiana, Nebraska, New Jersey, Oklahoma, Tennessee and Puerto Rico do not address clergy-penitent privilege in their reporting laws.
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