13-3620

13-3620. Duty to report abuse, physical
injury, neglect and denial or deprivation of medical or surgical
care or nourishment of minors; medical records; exception;
violation; classification; definitions

A. Any person who reasonably believes that a minor is or has been the victim of
physical injury, abuse, child abuse, a reportable offense or neglect that appears to have
been inflicted on the minor by other than accidental means or that is not explained by
the available medical history as being accidental in nature or who reasonably believes
there has been a denial or deprivation of necessary medical treatment or surgical care or
nourishment with the intent to cause or allow the death of an infant who is protected
under section 36-2281 shall immediately report or cause reports to be made of this
information to a peace officer or to child protective services in the department of
economic security, except if the report concerns a person who does not have care, custody
or control of the minor, the report shall be made to a peace officer only. A member of
the clergy, christian science practitioner or priest who has received a confidential
communication or a confession in that person's role as a member of the clergy, christian
science practitioner or a priest in the course of the discipline enjoined by the church
to which the member of the clergy, christian science practitioner or priest belongs may
withhold reporting of the communication or confession if the member of the clergy,
christian science practitioner or priest determines that it is reasonable and necessary
within the concepts of the religion. This exemption applies only to the communication or
confession and not to personal observations the member of the clergy, christian science
practitioner or priest may otherwise make of the minor. For the purposes of this
subsection, "person" means:

1. Any physician, physician's assistant, optometrist, dentist, osteopath,
chiropractor, podiatrist, behavioral health professional, nurse, psychologist, counselor
or social worker who develops the reasonable belief in the course of treating a patient.

2. Any peace officer, member of the clergy, priest or christian science
practitioner.

3. The parent, stepparent or guardian of the minor.

4. School personnel or domestic violence victim advocate who develop the reasonable
belief in the course of their employment.

5. Any other person who has responsibility for the care or treatment of the minor.

B. A report is not required under this section for conduct prescribed by sections
13-1404 and 13-1405 if the conduct involves only minors who are fourteen, fifteen,
sixteen or seventeen years of age and there is nothing to indicate that the conduct is
other than consensual.

C. If a physician, psychologist or behavioral health professional receives a
statement from a person other than a parent, stepparent, guardian or custodian of the
minor during the course of providing sex offender treatment that is not court ordered or
that does not occur while the offender is incarcerated in the state department of
corrections or the department of juvenile corrections, the physician, psychologist or
behavioral health professional may withhold the reporting of that statement if the
physician, psychologist or behavioral health professional determines it is reasonable and
necessary to accomplish the purposes of the treatment.

D. Reports shall be made immediately by telephone or in person and shall be
followed by a written report within seventy-two hours. The reports shall contain:

1. The names and addresses of the minor and the minor's parents or the person or
persons having custody of the minor, if known.

2. The minor's age and the nature and extent of the minor's abuse, child abuse,
physical injury or neglect, including any evidence of previous abuse, child abuse,
physical injury or neglect.

3. Any other information that the person believes might be helpful in establishing
the cause of the abuse, child abuse, physical injury or neglect.

E. A health care professional who is regulated pursuant to title 32 and who, after
a routine newborn physical assessment of a newborn infant's health status or following
notification of positive toxicology screens of a newborn infant, reasonably believes that
the newborn infant may be affected by the presence of alcohol or a drug listed in section
13-3401 shall immediately report this information, or cause a report to be made, to child
protective services in the department of economic security. For the purposes of this
subsection, "newborn infant" means a newborn infant who is under thirty days of age.

F. Any person other than one required to report or cause reports to be made under
subsection A of this section who reasonably believes that a minor is or has been a victim
of abuse, child abuse, physical injury, a reportable offense or neglect may report the
information to a peace officer or to child protective services in the department of
economic security, except if the report concerns a person who does not have care, custody
or control of the minor, the report shall be made to a peace officer only.

G. A person who has custody or control of medical records of a minor for whom a
report is required or authorized under this section shall make the records, or a copy of
the records, available to a peace officer or child protective services worker
investigating the minor's neglect, child abuse, physical injury or abuse on written
request for the records signed by the peace officer or child protective services
worker. Records disclosed pursuant to this subsection are confidential and may be used
only in a judicial or administrative proceeding or investigation resulting from a report
required or authorized under this section.

H. When telephone or in-person reports are received by a peace officer, the officer
shall immediately notify child protective services in the department of economic security
and make the information available to them. Notwithstanding any other statute, when child
protective services receives these reports by telephone or in person, it shall
immediately notify a peace officer in the appropriate jurisdiction.

I. Any person who is required to receive reports pursuant to subsection A of this
section may take or cause to be taken photographs of the minor and the vicinity
involved. Medical examinations of the involved minor may be performed.

J. A person who furnishes a report, information or records required or authorized
under this section, or a person who participates in a judicial or administrative
proceeding or investigation resulting from a report, information or records required or
authorized under this section, is immune from any civil or criminal liability by reason
of that action unless the person acted with malice or unless the person has been charged
with or is suspected of abusing or neglecting the child or children in question.

K. Except for the attorney client privilege or the privilege under subsection L of
this section, no privilege applies to any:

1. Civil or criminal litigation or administrative proceeding in which a minor's
neglect, dependency, abuse, child abuse, physical injury or abandonment is an issue.

2. Judicial or administrative proceeding resulting from a report, information or
records submitted pursuant to this section.

3. Investigation of a minor's child abuse, physical injury, neglect or abuse
conducted by a peace officer or child protective services in the department of economic
security.

L. In any civil or criminal litigation in which a child's neglect, dependency,
physical injury, abuse, child abuse or abandonment is an issue, a member of the clergy, a
christian science practitioner or a priest shall not, without his consent, be examined as
a witness concerning any confession made to him in his role as a member of the clergy, a
christian science practitioner or a priest in the course of the discipline enjoined by
the church to which he belongs. Nothing in this subsection discharges a member of the
clergy, a christian science practitioner or a priest from the duty to report pursuant to
subsection A of this section.

M. If psychiatric records are requested pursuant to subsection G of this section,
the custodian of the records shall notify the attending psychiatrist, who may excise from
the records, before they are made available:

1. Personal information about individuals other than the patient.

2. Information regarding specific diagnosis or treatment of a psychiatric
condition, if the attending psychiatrist certifies in writing that release of the
information would be detrimental to the patient's health or treatment.

N. If any portion of a psychiatric record is excised pursuant to subsection M of
this section, a court, upon application of a peace officer or child protective services
worker, may order that the entire record or any portion of the record that contains
information relevant to the reported abuse, child abuse, physical injury or neglect be
made available to the peace officer or child protective services worker investigating the
abuse, child abuse, physical injury or neglect.

O. A person who violates 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.

P. For the purposes of this section:

1. "Abuse" has the same meaning prescribed in section 8-201.

2. "Child abuse" means child abuse pursuant to section 13-3623.

3. "Neglect" has the same meaning prescribed in section 8-201.

4. "Reportable offense" means any of the following:

(a) Any offense listed in chapters 14 and 35.1 of this title or section 13-3506.01.

(b) Surreptitious photographing, videotaping, filming or digitally recording of a
minor pursuant to section 13-3019.

(d) Incest pursuant to section 13-3608.