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District of Columbia Code Division I. Government of District. § 4-1321.02. Mandatory reporters.

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) For the purposes of this section, the term “mandatory reporter” means any of the following:

(1) An employee, agent, or contractor of the Child and Family Services Agency;

(2) A physician;

(3) A psychologist;

(4) A medical examiner;

(5) A dentist;

(6) A chiropractor;

(7) A registered nurse;

(8) A licensed practical nurse;

(9) An individual involved in the care and treatment of patients;

(10) A law-enforcement officer;

(11) A humane officer of any agency charged with the enforcement of animal cruelty laws;

(12) A school official;

(13) A teacher;

(14) An athletic coach;

(15) An employee of the Department of Parks and Recreation;

(16) A public housing resident manager;

(17) A social services worker;

(18) A day care worker; and

(19) A mental health professional, as that term is defined in § 7-1201.01(11).

(b)(1) Notwithstanding § 14-307, mandatory reporters shall, if they know or have reasonable cause to believe that a:

(A) Child they know in their professional capacity for which they have been designated as a mandatory reporter has been or is in immediate danger of being abused, as that term is defined in § 4-1301.02(1)(A), or is a neglected child, as that term is defined in § 4-1301.02(15B), make a report to the Child and Family Services Agency or the Metropolitan Police Department as described in § 4-1321.03;

(B) Child ages 5 through 13 years of age they know in their professional capacity for which they have been designated as a mandatory reporter has 10 or more days of unexcused absences within a school year, as that term is defined in § 38-201(4), make a report to the Child and Family Services Agency as described in § 4-1321.03;

(C) Child they know in their professional capacity for which they have been designated as a mandatory reporter has been, or is in immediate danger of being, the victim of sexual abuse or attempted sexual abuse prohibited by Chapter 30 of Title 22; or was assisted, supported, caused, encouraged, commanded, enabled, induced, facilitated, or permitted to become a prostitute, as that term is defined in § 22-2701.01(3), make a report to the Child and Family Services Agency or the Metropolitan Police Department as described in § 4-1321.03; or

(D) Child they know in their professional capacity for which they have been designated as a mandatory reporter has an injury caused by a bullet, knife, or other sharp object which has been caused by other than accidental means, make a report to the Child and Family Services Agency or the Metropolitan Police Department as described in § 4-1321.03.

(2) Notwithstanding any other law, mandatory reporters shall not be required to report when:

(A) Employed or supervised by a lawyer who is providing representation in a criminal, civil, including family law, or delinquency matter, and the basis for the belief arises solely in the course of that representation; or

(B) Employed or supervised by a lawyer with whom a prospective client is seeking representation in a criminal, civil, including family law, or delinquency matter, and the basis for the belief arises solely in the course of seeking that representation.

(3) This section shall not apply to the following individuals while acting in their capacity as a counselor:

(A) Domestic violence counselor, as that term is defined in § 14-310(a)(2);

(B) Human trafficking counselor, as that term is defined in § 14-311(a)(2); or

(C) Sexual assault counselor, as that term is defined in § 14-312(a)(2).

(4) Whenever a mandatory reporter is required to report in their capacity as an employee, agent, or contractor of a hospital, school, social agency, or similar institution, the mandatory reporter shall also immediately notify the person in charge of the institution or their designated agent who shall subsequently make a report; except, that notifying the person in charge of the institution or their designated agent shall not relieve the mandatory reporter who was originally required to report from their duty under subsection (b) of this section.

(c) In addition to the requirements of subsection (b) of this section, the following mandatory reporters shall make a report to the Child and Family Services Agency as described in § 4-1321.03 if they have reasonable cause to believe that a child is abused as a result of inadequate care, control, or subsistence in the home environment due to exposure to drug-related activity:

(1) Health professionals licensed pursuant to Chapter 12 of Title 3; and

(2) Law enforcement officers and humane officers of any agency charged with the enforcement of animal cruelty laws, except an undercover officer whose identity or investigation might be jeopardized.

(d) A health professional licensed pursuant to Chapter 12 of Title 3, who in their own professional capacity knows that a child under 12 months of age is diagnosed as having a Fetal Alcohol Spectrum Disorder, shall immediately report or have a report made to the Child and Family Services Agency.

(e) A person who violates this section shall not be prosecuted under subchapter II-A of Chapter 30 of Title 22.

(f) The Metropolitan Police Department shall immediately report or have a report made to the Child and Family Services Agency of any knowledge, information, or suspicion of a child engaging in or offering to engage in a sexual act, as that term is defined in § 22-3001(8), or sexual contact, as that term is defined in § 22-3001(9), in return for receiving anything of value.

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Cite this article: FindLaw.com - District of Columbia Code Division I. Government of District. § 4-1321.02. Mandatory reporters. - last updated January 01, 2024 | https://codes.findlaw.com/dc/division-i-government-of-district/dc-code-sect-4-1321-02/

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