Should a mandatory reporter report teen sexual activity to law enforcement or the police as statutory rape without the patient's permission? Can a mandatory reporter be sued or charged with a crime for making or failing to make a child abuse report? A health care provider or other professional with confidentiality obligations who makes a child abuse report without reasonable suspicion of abuse or neglect commits professional misconduct. Should a mandatory reporter file a child abuse report if he or she learns that a minor is engaged in a sexual relationship with a parent, guardian or person legally responsible -even if the minor says that it is consensual? The court dismissed the charges and concluded that Leslie's sexual activity and pregnancy did not support a child abuse finding against her mother. Mandatory reporters are health and educational professionals who are legally required to report suspected cases of child abuse or neglect to the Statewide Central Register when they have a reasonable suspicion that a child whom they see in their professional capacity is an abused or neglected child. Recent legislation added paragraph b to the section to cover the individual who makes a false report indirectly by giving the false report to someone they know is obligated to make the report to the statewide central register and with the intent that the report reach there. However, it is important to remember that this penal law scheme does not automatically implicate mandatory reporting obligations.
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