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Mandated Reporting Statutes |
https://www.azdes.gov/dcyf/cmdps/cps/pdf/PAC-488%20edits.pdf
http://www.geog.nau.edu/docs/AbuseReportingRequirements.doc
Who Must Report?
In Paragraph A of the mandatory reporting provisions twenty categories of persons who are legally required to “report or cause reports to be made” of a "reasonable belief" that abuse has occurred are listed:
The following persons are required to report (Rev. Stat. § 13-3620):
- Physicians
- Physician’s assistants
- Optometrists
- Dentists
- Behavioral health professionals
- Nurses
- Psychologists
- Counselors
- Social workers
- Peace officers
- Members of the Clergy
- Priests
- Christian Science practitioners
- Parents, stepparents, or guardians
- School personnel, including:
- School resource officers
- Principals
- Teachers
- Guidance counselors
- Aides
- Nurses
- Custodians
- School secretaries
- School bus drivers
- Domestic violence victim advocates
- Any other person who has responsibility for the care or treatment of minors
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| How Much Information is Needed to Mandate a Report? |
The legal requirements begin with the rule that anyone who is required to report that reasonably believes that a minor is or has been the victim of one or more of the offenses listed must report.
- Signs that trigger the mandate:
- Clearly visible signs of abuse (e.g., bruising, broken bones).
- An oral or a written disclosure by a child can also form the basis for reasonable belief.
“‘Reasonable grounds’ as used in A.R.S. § 13-3620 means that if there are any facts from which one could reasonably conclude that a child had been abused, the person knowing those facts is required to report those facts to the appropriate authorities. ‘Reasonable grounds’ is a low standard…. The statute does not contemplate that a person must fully investigate the suspected abuse before making a report. All the person must do is make the report. It is the responsibility of Child Protective Services and the police to investigate the allegations. . . . [W]e do not believe our legislature intended persons with knowledge of alleged child abuse to conduct their own investigation to decide whether enough evidence of abuse exists to warrant a report.”
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| What is the Penalty for Failure to Report? |
As described in Paragraph O of the statute failure to make required reports of suspected child abuse yields serious criminal penalties. As written, “A person who violates any provision of this section is guilty of a class 1 misdemeanor, except if the failure to report involves a reportable offense the person is guilty of a Class 6 felony.”
An educator or professional who fails to make a required report may receive a misdemeanor sentence of up to six months in jail, and a fine of as much as $4,000.00.
If the educator or professional fails to make a "reportable offense" may receive a felony sentence of up to one and a half years in jail and a fine of as much as $150,000.00. Furthermore, a felony in Arizona can be prosecuted up to seven years after its discovery by law enforcement personnel. |
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