Statute-at-a-Glance: Reporting Penalties

Many cases of child abuse or neglect are neither reported nor investigated even when suspected by professionals. Therefore, almost every State and U.S. Territory imposes penalties, in the form of a fine or imprisonment, on those who "knowingly" and/or "willfully" fail to report. Also, in order to prevent malicious or intentional reporting of cases that are not founded, several States and Territories impose additional penalties for false reports of child abuse or neglect.

Penalties for Failure to Report

Approximately1 46 States, the District of Columbia, and the U.S. Territories of American Samoa, Guam, Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands have enacted statutes specifying the penalties for failure to report child abuse or neglect. Of these jurisdictions, approximately 33 States, the District of Columbia, and the Territories use a "knowingly," "knows or should have known," and/or "willfully" standard. Other standards include "intentionally" and "purposely." A few States impose penalties without providing a standard. Failure to report is classified as a misdemeanor in approximately 35 States and American Samoa, Puerto Rico, and the Virgin Islands, while in Arizona, Illinois, and Guam, subsequent violations are classified as felonies.

Penalties for False Reports

Approximately 31 States and Puerto Rico and the Virgin Islands have statutes specifying penalties for false reports of child abuse or neglect. The most common standards are "knowingly" and/ or "willfully." The penalties imposed are similar to those for failure to report. The majority of States classify false reporting as a misdemeanor. In nine States, however, a false report may be classified as a felony under specific circumstances.

1 The word approximately is used to stress the fact that statutes are constantly being revised and updated. Back

The Statutes-at-a-Glance listings summarize specific sections of each State's code. While every attempt has been made to be as complete as possible, additional information on these topics may be in other sections of a State's code as well as in agency regulations, case law, and informal practices and procedures. Readers interested in interpretation of specific statutory provisions within an individual jurisdiction should consult with professionals within the State familiar with the statutes' implementation