Knowledge Builders

are clergy mandated reporters in georgia

by Kariane Kreiger Published 3 years ago Updated 2 years ago
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The word "approximately" is used to stress the fact that States frequently amend their laws. This information is current only through April 2019. States that include clergy as mandated reporters are Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Georgia, Illinois, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Mexico, North Dakota, Ohio, Oregon, Pennsylvania, South Carolina, Vermont, Virginia, West Virginia, and Wisconsin.

§ 19-3-304(2)(aa) Persons required to report abuse or neglect or circumstances or conditions shall include any clergy member.

Full Answer

Who is a mandated reporter in Georgia?

Mandated Reporter. Who is mandated reporter ? In Georgia law, it designates certain professionals as mandated reporters of child abuse or neglect [OCGA 19-7-5(c)(1)].

Are clergy considered mandated reporters?

In States where neither clergy members nor "any person" are enumerated as mandated reporters, it is less clear whether clergy are included as mandated reporters within other broad categories of professionals who work with children.

Are pastors mandatory reporters of abuse?

Currently, clergy are considered mandatory reporters in about half of all states. But even those laws vary because of the unique nature of pastoral care. Some states that include clergy as mandatory reporters exempt pastors from that requirement if abuse is disclosed or discovered during “pastorally privileged conversations.”

When do clergy have to report child abuse and neglect?

Required to be confidential by religious law, doctrine, or tenetWhen a member of the clergy receives information about abuse or neglect of a child in a manner other than as described above, he or she is required to report on the basis of that information, even though he or she may have also received a report of abuse or neglect about the same pe...

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Who are considered mandated reporters in Georgia?

According to Georgia law, the following persons must report abuse:Physicians, interns or residents;Hospital or medical personnel;Dentists;Licensed psychologists and interns;Podiatrists;RPNs and LPNs;Professional counselors, social workers, or marriage and family therapists;More items...

Who are typically designated as mandatory reporters?

Those required by law to file are considered mandated reporters. These professionals can include health care providers, mental health providers, crisis counselors, school personnel, social workers, day care providers and law enforcement personnel, among others.

Which of the following Georgia Code sections defines mandated reporters?

Requirements for mandatory reporters can be found in O.C.G.A. § 30-5-4(for individuals living in the community) and O.C.G.A. § 31-8-82 (for individuals living in a long-term care facility). Mandated reporters are required to report abuse, neglect, and exploitation when they have a reasonable cause to believe.

Are rabbis mandatory reporters?

Ministers, rabbis, imams, and other religious leaders may be legally obligated to report situations in which they reasonably suspect that a child has suffered abuse or neglect. In some states, a special exception is made for “clergy-penitent” communications.

Which of the following would be considered a permissive reporter?

What is a Permissive Reporter? Voluntary reporters are also referred to as “permissive reporters.” A permissive reporter is any person who reports concerns of child abuse, elder abuse, or domestic abuse—regardless of their profession.

Are priests mandatory reporters in NSW?

On 1 March 2020, mandatory reporter groups in NSW expanded to also include: A person in religious ministry or a person providing religion based activities to children (e.g. minister of religion, priest, deacon, pastor, rabbi, Salvation Army officer, church elder, religious brother or sister)

What happens if a mandated reporter fails to report in Georgia?

A person who is required to report a suspected case of child abuse and fails to do so will be guilty of a misdemeanor. Misdemeanor convictions come with a penalty of a $1,000 fine, up to 1 year in jail, or both.

Which of the following Georgia Code sections defines forms of neglect?

Neglect to a Disabled Adult, Elder Person, or Resident.

What type of abuse was added to the GA code in 2016?

Sexual abuse shall include consensual sex acts when the sex acts are between minors if any individual is less than 14 years of age; provided, however, that it shall not include consensual sex acts when the sex acts are between a minor and an adult who is not more than four years older than the minor.

What is clergy abuse?

Clergy Sexual Abuse happens when a person with religious authority intentionally uses their role, position, and power to sexually harass, exploit, or engage in sexual activity with a person.

Can I still make a report if I disagree with my supervisor?

If the supervisor disagrees, the individual with the original suspicion must report.

Does emotional abuse need to be reported?

Especially in cases of child abuse, doctors, teachers, social workers and others who have direct contact with children have a legal obligation to report child abuse, including emotional abuse. (In some states, everyone is a mandatory reporter when it comes to child abuse.)

Who is a mandatory reporter quizlet?

What is a mandated reporter? A person who is required to make a report of suspected child abuse.

Who is a mandated reporter in California?

P.C. 11165.7 defines “mandated reporters” as any of the following: 1) A teacher. 2) An instructional aide. 3) A teacher's aide or a teacher's assistant employed by any public or private school.

What is mandatory reporting Australia?

Mandatory reporting is the legal requirement for certain professional groups to report a reasonable belief of child physical or sexual abuse to child protection authorities.

Who are mandated reporters select the answer's that best completes this sentence mandated reporters include?

This typically includes social workers, teachers, health care workers, child care providers, law enforcement, mental health professionals, and other educators and medical professionals, although certain states hold that all citizens are mandated reporters.

When is a clergy member required to report abuse?

Members of the clergy (as defined in Rule 505 of the Alabama Rules of Evidence) shall be required to report, or cause a report to be made, immediately when a child is known or suspected to be a victim of child abuse or neglect —either by telephone or direct communication, followed by a written report—to a duly constituted authority.

What states require clergy to report child abuse?

Every State, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands have statutes that identify persons who are required to report child maltreatment under specific circumstances.1 Approximately 28 States and Guam currently include members of the clergy among those professionals specifically mandated by law to report known or suspected instances of child abuse or neglect.2 In approximately 18 States and Puerto Rico , any person who suspects child abuse or neglect is required to report it.3 This inclusive language appears to include clergy.

What does it mean to be a minister?

'Minister' means any person who while practicing as a minister of the gospel, clergy member, priest, rabbi, Christian Science practitioner, or other person serving in a similar capacity for any religious organization is responsible for or who has supervisory authority over one who is responsible for the care, custody, and control of a child or who has access to a child.

What is the clergy's privilege?

As a doctrine of some faiths, clergy must maintain the confidentiality of pastoral communications. This is sometimes referred to as "clergy-penitent privilege," where "penitent" refers to the person consulting the clergy. Mandatory reporting statutes in some States specify the circumstances under which a communication is "privileged" or allowed to remain confidential. Privileged communications may be exempt from the requirement to report suspected abuse or neglect. The privilege of maintaining this confidentiality under State law must be provided by statute. Most States do provide the privilege, typically in rules of evidence or civil procedure.4 If the issue of privilege is not addressed in the reporting laws, it does not mean that privilege is not granted; it may be granted in other parts of State statutes.

How long does it take to transfer a child's information to the Department of Children and Families?

Any person who has reasonable cause to know or suspect that any child has been abused or neglected or has been a victim of sexual abuse by another child shall, within 24 hours, transfer that information to the Department of Children, Youth and Families.

Where to report abuse in Puerto Rico?

Any person who has knowledge of or suspects that a minor is a victim of abuse, institutional abuse, neglect, and/or institutional neglect shall report that fact through the hotline of the Department of the Family, to the Puerto Rico police, or to the local office of the department.

When any minister, as provided by 352.400, has reasonable cause to suspect that a child has answer

When any minister, as provided by § 352.400, has reasonable cause to suspect that a child has been or may be subjected to abuse or neglect or observes a child being subjected to conditions or circumstances that would reasonably result in abuse or neglect, that person shall immediately report or cause a report to be made to the Children's Division.

When is a clergy member required to report abuse?

Members of the clergy (as defined in Rule 505 of the Alabama Rules of Evidence) shall be required to report or cause a report to be made immediately when a child is known or suspected to be a victim of child abuse or neglect —either by telephone or direct communication, followed by a written report—to a duly constituted authority.

What states require a child abuse report?

Every State, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands have statutes that identify persons who are required to report child maltreatment under specific circumstances.1 Approximately28 States and Guam currently include members of the clergy among those professionals specifically mandated by law to report known or suspected instances of child abuse or neglect.2 In approximately 18 States and Puerto Rico, any person who suspects child abuse or neglect is required to report it.3 This inclusive language appears to include clergy but may be interpreted otherwise.

What is clergy penitent privilege?

This is sometimes referred to as “clergy-penitent privilege,” where “penitent” refers to the person consulting the clergy. Mandatory reporting statutes in some States specify the circumstances under which a communication is “privileged” or allowed to remain confidential. Privileged communications may be exempt from the requirement to report suspected abuse or neglect. The privilege of maintaining this confidentiality under State law must be provided by statute. Most States do provide the privilege, typically in rules of evidence or civil procedure.4 If the issue of privilege is not addressed in the reporting laws, it does not mean that privilege is not granted; it may be granted in other parts of State statutes.

Does a cleric have to report a penitent?

cleric is not required to make a report concerning any communication the cleric receives from a penitent in a cleric-penitent relationship if, in accordance with § 2317.02(C), the cleric could not testify with respect to that communication in a civil or criminal proceeding.

Can a lawyer testify about child maltreatment?

No privilege, except that between a lawyer and client or between a minister, including a Christian Science practitioner , and a person confessing to or being counseled by the minister , shall prevent anyone from testifying concerning child maltreatment.

Who should report a child who is being abused?

Any person who knows or has reasonable cause to believe or suspect that a child has been abused or neglected, or who observes any child being subjected to conditions or circumstances that would reasonably result in abuse or neglect, shall immediately report it to the child protective agency or local law enforcement agency or cause a report to be made.

Do clergy have to report child abuse?

member of the clergy shall not be required to report child abuse reported solely within the context of confession or other similar communication required to be kept confidential under church doctrine or practice. When a clergy member receives information about child abuse from any other source, the clergy member shall comply with the reporting requirements of this Code section, even though the clergy member may have also received a report of child abuse from the confession of the perpetrator.

What is the South Dakota bill that adds clergy to the list of mandatory reporters?

In South Dakota this week, a House committee approved a bill that adds church staff and clergy to the list of mandatory reporters. The bill, HB 1230, now heads for debate on the House floor.

Which states require pastors to report child abuse?

Are pastors mandated reporters of crimes such as child abuse? South Dakota, Kansas and Virginia are among the states looking into adding pastors and other church staff to the list of mandatory reporting to report suspected child abuse.

Who is required to report child abuse?

Most commonly, the list of mandated reporters includes health-care providers, teachers and school personnel, day-care workers, and police officers.

Who should not be included in mandatory reporters?

Employees such as secretaries and worship leaders shouldn’t be included as mandatory reporters, they say. Supporters, meanwhile, say the bill will ease the weight on pastors—especially those in assistant roles—and prioritize the well-being of children.

Is clergy a mandatory reporter?

Currently, clergy are considered mandatory reporters in about half of all states. But even those laws vary because of the unique nature of pastoral care. Some states that include clergy as mandatory reporters exempt pastors from that requirement if abuse is disclosed or discovered during “pastorally privileged conversations.”.

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1.Mandated Reporting | Georgia Office of the Child Advocate

Url:https://oca.georgia.gov/training/mandated-reporting

5 hours ago Mandated Reporter Law - O.C.G.A. §19-7-5 (2016) (a) The purpose of this Code section is to provide for the protection of children. It is intended that mandatory reporting will cause the protective services of the state to be brought to bear on the situation in an effort to prevent abuses, to protect and enhance the welfare of children, and to preserve family life wherever …

2.Clergy as Mandatory Reporters of Child Abuse and Neglect

Url:https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/clergymandated/

24 hours ago In Georgia law, it designates certain professionals as mandated reporters of child abuse or neglect [OCGA 19-7-5 (c) (1)]. If you are one of the following people and have reasonable cause to believe that a child has been abused, you must make a report, immediately but no later than 24 hours, to your local DFCS office or law enforcement and are subject to criminal penalty for …

3.Chart summarizing State Abuse and Neglect - Child …

Url:https://www.childwelfare.gov/pubPDFs/clergymandated.pdf

32 hours ago Discusses laws that require members of the clergy to report cases of suspected child abuse and neglect. The issue of whether a member of the clergy can claim privileged communications as a reason for not reporting also is discussed. Full-text excerpts of laws for all States and U.S. territories are included.

4.Clergy as mandated reporters of child abuse and …

Url:https://www.dea.gov/sites/default/files/2018-07/Clergy%20as%20Mandated%20Reporters%20of%20Child%20Abuse%20and%20Neglect.pdf

30 hours ago clergy as mandated reporters are Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Georgia, Illinois, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Mexico, North Dakota,

5.Are Pastors Mandated Reporters Regarding Child Abuse?

Url:https://churchleaders.com/administration/344880-madated-reporter-what-clergy-need-to-know-about-mandatory-reporting.html

1 hours ago  · When a clergy member receives information about abuse, neglect, exploitation, or the need for protective services from any other source, the clergy member shall comply with the reporting requirements of this Code section, even though the clergy member may have also received a report of such matters from the confession of the perpetrator.

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