It is the purpose of this subchapter to require a report of a suspected neglected child in order to identify neglected children; to assure that protective services will be made available to a neglected child to protect the child and his or her siblings and to prevent further abuse or neglect; and to preserve the family life of the parents and children, to the maximum extent possible, by enhancing the parental capacity for adequate child care.
§ 4–1321.02. Mandatory reporters.
(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 section 3;
(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:
(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.
(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.
§ 4–1321.03. Nature and contents of reports.
(a) Each person required to make a report of a known or suspected neglected child shall:
(1) Immediately make an oral report of the case to the Child and Family Services Agency or the Metropolitan Police Department of the District of Columbia; and
(2) Make a written report of the case if requested by said Division or Police or if the abuse involves drug-related activity.
(b) The report shall include, but need not be limited to, the following information if it is known to the person making the report:
(1) The name, age, sex, and address of the following individuals:
(A) The child who is the subject of the report;
(B) Each of the child’s siblings and other children in the household; and
(C) Each of the child’s parents or other persons responsible for the child’s care;
(2) The nature and extent of the abuse or neglect of the child and any previous abuse or neglect, if known;
(3) All other information which the person making the report believes may be helpful in establishing the cause of the abuse or neglect and the identity of the person responsible for the abuse or neglect; and
(4) If the source was required to report under this subchapter, the identity and occupation of the source, how to contact the source and a statement of the actions taken by the source concerning the child.
§ 4–1321.04. Immunity from liability.
Any person, hospital, or institution participating in good faith in the making of a report pursuant to this subchapter shall have immunity from liability, civil or criminal, that might otherwise be incurred or imposed with respect to the making of the report. Any such participation shall have the same immunity with respect to participation in any judicial proceeding involving the report. In all civil or criminal proceedings concerning the child or resulting from the report good faith shall be presumed unless rebutted.
§ 4–1321.05. Privileges; waiver.
Notwithstanding the provisions of §§ 14-306 and 14-307, neither the spouse or domestic partner privilege nor the physician-patient privilege shall be grounds for excluding evidence in any proceeding in the Family Division of the Superior Court of the District of Columbia concerning the welfare of a neglected child; provided, that a judge of the Family Division of the Superior Court of the District of Columbia determines such privilege should be waived in the interest of justice.
§ 4–1321.06. Exceptions for treatment solely by spiritual means. [Repealed]
Repealed.
§ 4–1321.07. Failure to make report.
Any person required to make a report under this subchapter who willfully fails to make such a report shall be fined not more than the amount set forth in § 22-3571.01, imprisoned not more than 180 days, or both. Violations of this subchapter shall be prosecuted by the Attorney General of the District of Columbia or his or her agent in the name of the District of Columbia.
§ 4–1321.08. Training for mandatory reporters.
(a) By December 31, 2023, the Office of the Attorney General ("OAG") shall, in consultation with the Child and Family Services Agency ("CFSA"), develop and approve a training curriculum explaining the reporting requirements of this subchapter, which shall include:
(1) The purpose of the mandatory reporting requirements;
(2) The dynamics surrounding abuse, neglect, and other forms of child victimizations that must be reported;
(3) The impact of racial bias on the mandatory reporting and child welfare systems; and
(4) The legal duties imposed on mandatory reporters, including:
(A) How to make a report, the contents of the report, and the process after a report is filed;
(B) The legal protections provided to mandatory reporters; and
(C) The penalty for failing to make a report.
(b) All mandatory reporters shall complete a training based upon the curriculum required by subsection (a) of this section which shall be conducted by OAG, CFSA, or a third party.
