18-U.S.C.-1169
§1169 – Reporting of Child Abuse
Pathway
Title 18 > Part I > Chapter 53 > Section 1169
Details
- Reference: Section 1169
- Legend: §1169 – Reporting of Child Abuse
- USCode Year: 2013
Provision Content
(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, teachers aide, teachers 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.
(Added Pub. L. 101–630, title IV, §404(a)(1), Nov. 28, 1990, 104 Stat. 4547; amended Pub. L. 103–322, title XXXIII, §§330011(d), 330016(1)(K), Sept. 13, 1994, 108 Stat. 2144, 2147; Pub. L. 104–294, title VI, §604(b)(25), Oct. 11, 1996, 110 Stat. 3508.)
Amendments
1996—Pub. L. 104–294 amended directory language of Pub. L. 103–322, §330011(d). See 1994 Amendment note below.
1994—Pub. L. 103–322, §330011(d), as amended by Pub. L. 104–294, amended directory language of Pub. L. 101–630, §404(a)(1), which enacted this section.
Subsecs. (a), (b). Pub. L. 103–322, §330016(1)(K), substituted fined under this title for fined not more than $5,000 in concluding provisions.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104–294, set out as a note under section 13 of this title.
Effective Date of 1994 Amendment
Pub. L. 103–322, title XXXIII, §330011(d), Sept. 13, 1994, 108 Stat. 2144, as amended by Pub. L. 104–294, title VI, §604(b)(25), Oct. 11, 1996, 110 Stat. 3508, provided that the amendment made by section 330011(d) is effective on the date section 404(a) of Pub. L. 101–630 took effect.
U.S. Encyclopedia of Law Coverage
18-U.S.C.-1163 in the Legal Encyclopedia: Criminal Law
In this entry about 18-U.S.C.-1163, find legal reference material, bibliographies and premiere content related to criminal law in the American Encyclopedia of Law, presenting a comprehensive view of the United States criminal law-specific issues, written by authorities in the field.
18-U.S.C.-1153 in the Legal Encyclopedia: Crimes
In this entry about 18-U.S.C.-1153, find legal reference material, bibliographies and premiere content related to crimes in the American Encyclopedia of Law, presenting a comprehensive view of the United States crimes-specific issues, written by authorities in the field.
Leave a Reply