§ 4-1321.02

D.C. Code § 4-1321.02

Mandatory reporters.

Effective Apr 6, 2023Nov. 6, 1966, 80 Stat. 1354, Pub. L. 89-775, § 2; Sept. 23, 1977, D.C. Law 2-22, title I, § 103(c), 24 DCR 3341; Mar. 15, 1990, D.C. Law 8-87, § 2(a), 37 DCR 50; Mar. 2, 2007, D.C. Law 16-204, § 2, 53 DCR 9059; Apr. 24, 2007, D.C. Law 16-306, § 203(a), 53 DCR 8610; July 18, 2008, D.C. Law 17-198, § 3, 55 DCR 6283; Dec. 5, 2008, D.C. Law 17-281, § 102, 55 DCR 9186; Mar. 25, 2009, D.C. Law 17-353, §§ 173(a), 193, 240(b), 56 DCR 1117; Oct. 23, 2010, D.C. Law 18-239, § 202, 57 DCR 5405; Oct. 26, 2010, D.C. Law 18-242, § 2, 57 DCR 7555; July 13, 2012, D.C. Law 19-164, § 3, 59 DCR 6185; June 8, 2013, D.C. Law 19-315, § 2(a), 60 DCR 1702; Sept. 19, 2013, D.C. Law 20-17, § 302, 60 DCR 9839; May 7, 2015, D.C. Law 20-276, § 4, 62 DCR 479; May 10, 2019, D.C. Law 22-313, § 8; Apr. 6, 2023, D.C. Law 24-341, § 104(a)

  1. (a) For the purposes of this section, the term "mandatory reporter" means any of the following:

    1. (1) An employee, agent, or contractor of the Child and Family Services Agency;
    2. (2) A physician;
    3. (3) A psychologist;
    4. (4) A medical examiner;
    5. (5) A dentist;
    6. (6) A chiropractor;
    7. (7) A registered nurse;
    8. (8) A licensed practical nurse;
    9. (9) An individual involved in the care and treatment of patients;
    10. (10) A law-enforcement officer;
    11. (11) A humane officer of any agency charged with the enforcement of animal cruelty laws;
    12. (12) A school official;
    13. (13) A teacher;
    14. (14) An athletic coach;
    15. (15) An employee of the Department of Parks and Recreation;
    16. (16) A public housing resident manager;
    17. (17) A social services worker;
    18. (18) A day care worker; and
    19. (19) A mental health professional, as that term is defined in § 7-1201.01(11).

  2. (b)

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

      1. (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;
      2. (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;
      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
      4. (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. (2) Notwithstanding any other law, mandatory reporters shall not be required to report when:

      1. (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
      2. (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. (3) This section shall not apply to the following individuals while acting in their capacity as a counselor:

      1. (A) Domestic violence counselor, as that term is defined in § 14-310(a)(2);
      2. (B) Human trafficking counselor, as that term is defined in § 14-311(a)(2); or
      3. (C) Sexual assault counselor, as that term is defined in § 14-312(a)(2).
    4. (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.

  3. (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. (1) Health professionals licensed pursuant to Chapter 12 of Title 3; and
    2. (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.
  4. (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.
  5. (e) A person who violates this section shall not be prosecuted under subchapter II-A of Chapter 30 of Title 22.
  6. (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.

History

Nov. 6, 1966, 80 Stat. 1354, Pub. L. 89-775, § 2

Sept. 23, 1977, D.C. Law 2-22, title I, § 103(c), 24 DCR 3341

Mar. 15, 1990, D.C. Law 8-87, § 2(a), 37 DCR 50

Mar. 2, 2007, D.C. Law 16-204, § 2, 53 DCR 9059

Apr. 24, 2007, D.C. Law 16-306, § 203(a), 53 DCR 8610

July 18, 2008, D.C. Law 17-198, § 3, 55 DCR 6283

Dec. 5, 2008, D.C. Law 17-281, § 102, 55 DCR 9186

Mar. 25, 2009, D.C. Law 17-353, §§ 173(a), 193, 240(b), 56 DCR 1117

Oct. 23, 2010, D.C. Law 18-239, § 202, 57 DCR 5405

Oct. 26, 2010, D.C. Law 18-242, § 2, 57 DCR 7555

July 13, 2012, D.C. Law 19-164, § 3, 59 DCR 6185

June 8, 2013, D.C. Law 19-315, § 2(a), 60 DCR 1702

Sept. 19, 2013, D.C. Law 20-17, § 302, 60 DCR 9839

May 7, 2015, D.C. Law 20-276, § 4, 62 DCR 479

May 10, 2019, D.C. Law 22-313, § 8

Apr. 6, 2023, D.C. Law 24-341, § 104(a)

Emergency Legislation

For temporary (90 days) amendment of this section, see §§ 301 and 302 of the Attendance Accountability Emergency Act of 2013 (D.C. Act 20-133, July 30, 2013, 60 DCR 11531, 20 DCSTAT 1973).

For temporary (90 day) amendment of section, see § 3 of Child Abuse Prevention and Treatment Emergency Amendment Act of 2011 (D.C. Act 19-165, October 11, 2011, 58 DCR 8896).

For temporary (90 day) amendment of section, see § 203(a) of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).

For temporary (90 day) amendment of section, see § 203(a) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).

For temporary (90 day) amendment of section, see § 203(a) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).

For temporary (90 day) amendment of section, see § 203(a) of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).

For temporary (90 days) amendment of this section, see § 3 of Child Neglect and Sex Trafficking Emergency Amendment Act of 2017 (D.C. Act 22-61, May 17, 2017, 64 DCR 4931).

For temporary (90 days) amendment of this section, see § 3 of Child Neglect and Sex Trafficking Emergency Amendment Act of 2018 (D.C. Act 22-269, Feb. 26, 2018, 65 DCR 2131).

For temporary (90 days) amendment of this section, see § 3 of Child Neglect and Sex Trafficking Emergency Amendment Act of 2018 (D.C. Act 22-555, Dec. 31, 2018, 66 DCR 259).

For temporary (90 days) amendment of this section, see § 3 of Child Neglect and Sex Trafficking Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-48, Apr. 15, 2019, 66 DCR 5303).

Temporary Legislation

Section 5(b) of D.C. Law 19-64 provided that the act shall expire after 225 days of its having taken effect.

“(f) A health professional licensed pursuant to the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1201.01 et seq.), who in his or her own professional or official 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.”.

Section 3 of D.C. Law 19-64 added subsec. (f) to read as follows:

For temporary (225 days) amendment of this section, see § 3 of Child Neglect and Sex Trafficking Temporary Amendment Act of 2017 (D.C. Law 22-7, July 28, 2017, 64 DCR 5302).

For temporary (225 days) amendment of this section, see § 3 of Child Neglect and Sex Trafficking Temporary Amendment Act of 2018 (D.C. Law 22-100, June 5, 2018, 65 DCR 3769).

Effect of Amendments

The 2015 amendment by D.C. Law 20-276 added (h).

The 2013 amendment by D.C. Law 20-17 amended (a-2)(3) to read “This subsection shall expire September 19, 2013.”

The 2013 amendment by D.C. Law 19-315 added (g).

D.C. Law 19-164 added subsec. (f).

D.C. Law 18-242 added subsecs. (a-1) and (a-2).

D.C. Law 18-239, in subsec. (b), substituted “day care worker, human trafficking counselor as defined in § 14-311(2),” for “day care worker,”.

D.C. Law 17-353 validated previously made technical corrections in subsec. (b).

D.C. Law 17-281, in subsecs. (b) and (d), substituted “law-enforcement officer, humane officer of any agency charged with the enforcement of animal cruelty laws,” for “law-enforcement officer,”.

D.C. Law 17-198, in subsec. (b), inserted “Such persons are not required to report when employed by a lawyer who is providing representation in a criminal, civil, including family law, or delinquency matter and the basis for the suspicion arises solely in the course of that representation.”

D.C. Law 16-306, in subsec. (a), substituted “Child and Family Services Agency” for “Child Protective Services Division of the Department of Human Services”; in subsec. (b), inserted “Child and Family Services Agency employees, agents, and contractors, and” following “include”, and inserted “athletic coach, Department of Parks and Recreation employee, public housing resident manager,” following “teacher,”; in subsecs. (b), (c) and (d), substituted “Child and Family Services Agency” for “Child Protective Services Division of the Department of Human Services”; and added subsec. (e).

D.C. Law 16-204, in subsec. (b), substituted “domestic violence counselor as defined in § 14-310(a)(2), and mental health professional as defined in § 7-1201.01(11)” for “and mental health professional”.

Prior Codifications

1973 Ed., § 2-162.

1981 Ed., § 2-1352.

Section References

This section is referenced in § 3-1205.14, § 4-1301.06b, § 4-1451.06, § 16-1056, § 22-3020.52, § 38-203, and § 38-208.

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