34 U.S.C. § 20341 — Child abuse reporting

Page 479 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20341 1 So in original. Probably should be followed by a period. 2 See References in Text note below. (C) procedures for coordinating information and services among health professionals, so- cial workers, law enforcement professionals, prosecutors, defense attorneys, and juvenile and family court personnel, consistent with subchapter I; and (D) procedures for improving the judicial re- sponse to children who are vulnerable to human trafficking, to the extent an appro- priate screening tool exists. (c) Grant criteria The Administrator shall make grants under subsections (a) and (b) consistent with sections 11172, 11183, and 11186 of this title. (Pub. L. 101–647, title II, § 223, Nov. 29, 1990, 104 Stat. 4797; Pub. L. 107–273, div. C, title II, § 12221(b)(1)(D), Nov. 2, 2002, 116 Stat. 1894; Pub. L. 115–393, title V, § 503, Dec. 21, 2018, 132 Stat. 5277; Pub. L. 115–424, § 2(h)(5), Jan. 7, 2019, 132 Stat. 5470.) Editorial Notes CODIFICATION Section was formerly classified to section 13023 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification. AMENDMENTS 2019—Subsec. (c). Pub. L. 115–424 made technical amendment to reference in original act which appears in text as reference to sections 11183 and 11186 of this title. 2018—Subsec. (b)(2)(D). Pub. L. 115–393 added subpar. (D). 2002—Subsec. (c). Pub. L. 107–273 substituted ‘‘sec- tions 5666, 5673, and 5676 of this title’’ for ‘‘section 5665a, 5673, and 5676 of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–273 effective on the first day of the first fiscal year that begins after Nov. 2, 2002, and applicable only with respect to fiscal years begin- ning on or after the first day of the first fiscal year that begins after Nov. 2, 2002, see section 12223 of Pub. L. 107–273, as amended, set out as a note under section 11101 of this title. § 20334. Authorization of appropriations (a) Authorization There is authorized to be appropriated to carry out this subchapter $2,300,000 for each of fiscal years 2023 through 2027 1 (b) Use of funds Of the amounts appropriated in subsection (a), not less than 80 percent shall be used for grants under section 20333(b) of this title. (c) Limitation No funds are authorized to be appropriated for a fiscal year to carry out this subchapter unless the aggregate amount appropriated to carry out title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) 2 for such fiscal year is not less than the aggre- gate amount appropriated to carry out such title for the preceding fiscal year. (Pub. L. 101–647, title II, § 224, Nov. 29, 1990, 104 Stat. 4798; Pub. L. 103–322, title IV, § 40156(b)(1), Sept. 13, 1994, 108 Stat. 1923; Pub. L. 106–386, div. B, title III, § 1302(b), Oct. 28, 2000, 114 Stat. 1511; Pub. L. 113–4, title XI, § 1105, Mar. 7, 2013, 127 Stat. 135; Pub. L. 117–103, div. W, title XIII, § 1303, Mar. 15, 2022, 136 Stat. 927.) Editorial Notes REFERENCES IN TEXT The Juvenile Justice and Delinquency Prevention Act of 1974, referred to in subsec. (c), is Pub. L. 93–415, Sept. 7, 1974, 88 Stat. 1109. Title II of the Act was classi- fied principally to subchapter II (§ 5611 et seq.) of chap- ter 72 of Title 42, The Public Health and Welfare, prior to editorial reclassification as subchapter II (§ 11111 et seq.) of chapter 111 of this title. For complete classi- fication of this Act to the Code, see Tables. CODIFICATION Section was formerly classified to section 13024 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2022—Subsec. (a). Pub. L. 117–103 substituted ‘‘sub- chapter $2,300,000 for each of fiscal years 2023 through 2027’’ for ‘‘subchapter $2,300,000 for each of fiscal years 2014 through 2018.’’ 2013—Subsec. (a). Pub. L. 113–4 substituted ‘‘$2,300,000 for each of fiscal years 2014 through 2018.’’ for ‘‘$2,300,000 for each of fiscal years 2001 through 2005.’’ 2000—Subsec. (a). Pub. L. 106–386 added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: ‘‘There are authorized to be appro- priated to carry out this subchapter— ‘‘(1) $750,000 for fiscal year 1996; ‘‘(2) $1,000,000 for fiscal year 1997; ‘‘(3) $2,000,000 for fiscal year 1998; ‘‘(4) $2,000,000 for fiscal year 1999; and ‘‘(5) $2,300,000 for fiscal year 2000.’’ 1994—Subsec. (a). Pub. L. 103–322 amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: ‘‘There are authorized to be appro- priated to carry out this chapter— ‘‘(1) $10,000,000 in fiscal year 1991; and ‘‘(2) such sums as may be necessary to carry out this chapter in each of fiscal years 1992, 1993, and 1994.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade. SUBCHAPTER IV—REPORTING REQUIREMENTS § 20341. Child abuse reporting (a) In general (1) Covered professionals A person who, while engaged in a profes- sional capacity or activity described in sub- section (b) on Federal land or in a federally operated (or contracted) facility, learns of facts that give reason to suspect that a child Page 480 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20341 has suffered an incident of child abuse, shall as soon as possible make a report of the sus- pected abuse to the agency designated under subsection (d) and to the agency or agencies provided for in subsection (e), if applicable. (2) Covered individuals A covered individual who learns of facts that give reason to suspect that a child has suffered an incident of child abuse, including sexual abuse, shall as soon as possible make a report of the suspected abuse to the agency des- ignated by the Attorney General under sub- section (d). (b) Covered professionals Persons engaged in the following professions and activities are subject to the requirements of subsection (a)(1): (1) Physicians, dentists, medical residents or interns, hospital personnel and administra- tors, nurses, health care practitioners, chiro- practors, osteopaths, pharmacists, optom- etrists, podiatrists, emergency medical techni- cians, ambulance drivers, undertakers, coro- ners, medical examiners, alcohol or drug treatment personnel, and persons performing a healing role or practicing the healing arts. (2) Psychologists, psychiatrists, and mental health professionals. (3) Social workers, licensed or unlicensed marriage, family, and individual counselors. (4) Teachers, teacher’s aides or assistants, school counselors and guidance personnel, school officials, and school administrators. (5) Child care workers and administrators. (6) Law enforcement personnel, probation of- ficers, criminal prosecutors, and juvenile reha- bilitation or detention facility employees. (7) Foster parents. (8) Commercial film and photo processors. (c) Definitions For the purposes of this section— (1) the term ‘‘child abuse’’ means the phys- ical or mental injury, sexual abuse or exploi- tation, or negligent treatment of a child; (2) the term ‘‘physical injury’’ includes but is not limited to lacerations, fractured bones, burns, internal injuries, severe bruising or se- rious bodily harm; (3) the term ‘‘mental injury’’ means harm to a child’s psychological or intellectual func- tioning which may be exhibited by severe anx- iety, depression, withdrawal or outward ag- gressive behavior, or a combination of those behaviors, which may be demonstrated by a change in behavior, emotional response or cog- nition; (4) the term ‘‘sexual abuse’’ includes the em- ployment, use, persuasion, inducement, en- ticement, or coercion of a child to engage in, or assist another person to engage in, sexually explicit conduct or the rape, molestation, prostitution, or other form of sexual exploi- tation of children, or incest with children; (5) the term ‘‘sexually explicit conduct’’ means actual or simulated— (A) sexual intercourse, including sexual contact in the manner of genital-genital, oral-genital, anal-genital, or oral-anal con- tact, whether between persons of the same or of opposite sex; sexual contact means the intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify sexual desire of any person; (B) bestiality; (C) masturbation; (D) lascivious exhibition of the genitals or pubic area of a person or animal; or (E) sadistic or masochistic abuse; (6) the term ‘‘exploitation’’ means child por- nography or child prostitution; (7) the term ‘‘negligent treatment’’ means the failure to provide, for reasons other than poverty, adequate food, clothing, shelter, or medical care so as to seriously endanger the physical health of the child; (8) the term ‘‘child abuse’’ shall not include discipline administered by a parent or legal guardian to his or her child provided it is rea- sonable in manner and moderate in degree and otherwise does not constitute cruelty; (9) the term ‘‘covered individual’’ means an adult who— (A) is authorized, by a national governing body, a member of a national governing body, or an amateur sports organization that participates in interstate or inter- national amateur athletic competition, to interact with a minor or amateur athlete at an amateur sports organization facility or at any event sanctioned by a national gov- erning body, a member of a national gov- erning body, or such an amateur sports orga- nization; or (B) is an employee or representative of the United States Center for SafeSport; (10) the term ‘‘event’’ includes travel, lodg- ing, practice, competition, and health or med- ical treatment; (11) the terms ‘‘amateur athlete’’, ‘‘amateur athletic competition’’, ‘‘amateur sports orga- nization’’, ‘‘international amateur athletic competition’’, and ‘‘national governing body’’ have the meanings given the terms in section 220501(b) of title 36; and (12) the term ‘‘as soon as possible’’ means within a 24-hour period. (d) Agency designated to receive report and ac- tion to be taken For all Federal lands and all federally oper- ated (or contracted) facilities in which children are cared for or reside and for all covered indi- viduals, the Attorney General shall designate an agency to receive and investigate the reports de- scribed in subsection (a). By formal written agreement, the designated agency may be a non- Federal agency. When such reports are received by social services or health care agencies, and involve allegations of sexual abuse, serious physical injury, or life-threatening neglect of a child, there shall be an immediate referral of the report to a law enforcement agency with author- ity to take emergency action to protect the child. All reports received shall be promptly in- vestigated, and whenever appropriate, investiga- tions shall be conducted jointly by social serv- Page 481 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20342 ices and law enforcement personnel, with a view toward avoiding unnecessary multiple inter- views with the child. (e) Reporters and recipient of report involving children and homes of members of the Armed Forces (1) Recipients of reports In the case of an incident described in sub- section (a) involving a child in the family or home of member of the Armed Forces (regard- less of whether the incident occurred on or off a military installation), the report required by subsection (a) shall be made to the appropriate child welfare services agency or agencies of the State in which the child resides. The At- torney General, the Secretary of Defense, and the Secretary of Homeland Security (with re- spect to the Coast Guard when it is not oper- ating as a service in the Navy) shall jointly, in consultation with the chief executive officers of the States, designate the child welfare serv- ice agencies of the States that are appropriate recipients of reports pursuant to this sub- section. Any report on an incident pursuant to this subsection is in addition to any other re- port on the incident pursuant to this section. (2) Makers of reports For purposes of the making of reports under this section pursuant to this subsection, the persons engaged in professions and activities described in subsection (b) shall include mem- bers of the Armed Forces who are engaged in such professions and activities for members of the Armed Forces and their dependents. (f) Reporting form In every federally operated (or contracted) fa- cility, on all Federal lands, and for all covered individuals, a standard written reporting form, with instructions, shall be disseminated to all mandated reporter groups. Use of the form shall be encouraged, but its use shall not take the place of the immediate making of oral reports, telephonically or otherwise, when circumstances dictate. (g) Immunity for good faith reporting and associ- ated actions All persons who, acting in good faith, make a report by subsection (a), or otherwise provide in- formation or assistance in connection with a re- port, investigation, or legal intervention pursu- ant to a report, shall be immune from civil and criminal liability arising out of such actions. There shall be a presumption that any such per- sons acted in good faith. If a person is sued be- cause of the person’s performance of one of the above functions, and the defendant prevails in the litigation, the court may order that the plaintiff pay the defendant’s legal expenses. Im- munity shall not be accorded to persons acting in bad faith. (h) Training of prospective reporters All individuals in the occupations listed in subsection (b)(1) who work on Federal lands, or are employed in federally operated (or con- tracted) facilities, and all covered individuals, shall receive periodic training in the obligation to report, as well as in the identification of abused and neglected children. (i) Rule of construction Nothing in this section shall be construed to require a victim of child abuse to self-report the abuse. (Pub. L. 101–647, title II, § 226, Nov. 29, 1990, 104 Stat. 4806; Pub. L. 114–328, div. A, title V, § 575(b), Dec. 23, 2016, 130 Stat. 2142; Pub. L. 115–126, title I, § 101(a), Feb. 14, 2018, 132 Stat. 318; Pub. L. 116–189, § 10, Oct. 30, 2020, 134 Stat. 970.) Editorial Notes CODIFICATION Another subsec. (g) of section 226 of Pub. L. 101–647 enacted section 2258 of Title 18, Crimes and Criminal Procedure, and amended analysis for part I and heading and analysis of chapter 110 of Title 18. Section was formerly classified to section 13031 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2020—Subsec. (c)(9). Pub. L. 116–189 substituted ‘‘adult who—’’ for ‘‘adult who’’, inserted subpar. (A) designa- tion before ‘‘is authorized’’, and added subpar. (B). 2018—Subsec. (a). Pub. L. 115–126, § 101(a)(1), des- ignated existing provisions as par. (1), inserted heading, and added par. (2). Subsec. (b). Pub. L. 115–126, § 101(a)(2), substituted ‘‘subsection (a)(1)’’ for ‘‘subsection (a)’’ in introductory provisions. Subsec. (c)(9) to (12). Pub. L. 115–126, § 101(a)(3), added pars. (9) to (12). Subsec. (d). Pub. L. 115–126, § 101(a)(4), inserted ‘‘and for all covered individuals’’ after ‘‘reside’’. Subsec. (f). Pub. L. 115–126, § 101(a)(5), substituted ‘‘on all’’ for ‘‘and on all’’ and inserted ‘‘and for all covered individuals,’’ after ‘‘lands,’’. Subsec. (h). Pub. L. 115–126, § 101(a)(6), inserted ‘‘and all covered individuals,’’ after ‘‘facilities,’’. Subsec. (i). Pub. L. 115–126, § 101(a)(7), added subsec. (i). 2016—Subsec. (a). Pub. L. 114–328, § 575(b)(1), inserted before period at end ‘‘and to the agency or agencies provided for in subsection (e), if applicable’’. Subsecs. (e) to (g). Pub. L. 114–328, § 575(b)(2), (3), added subsec. (e) and redesignated former subsecs. (e) and (f) as (f) and (g), respectively. § 20342. Federal immunity (1) In general Notwithstanding any other provision of law, any individual making a good faith report to ap- propriate authorities of a suspected or known instance of child abuse or neglect, or who other- wise, in good faith, provides information or as- sistance, including medical evaluations or con- sultations, in connection with a report, inves- tigation, or legal intervention pursuant to a good faith report of child abuse or neglect shall not be subject to civil liability or criminal pros- ecution, under any Federal law, rising from making such report or providing such informa- tion or assistance. (2) Presumption of good faith In a Federal civil action or criminal prosecu- tion brought against a person based on the per- son’s reporting a suspected or known instance of child abuse or neglect, or providing information or assistance with respect to such a report, as described in paragraph (1), there shall be a pre- sumption that the person acted in good faith. (3) Costs If the defendant prevails in a Federal civil ac- tion described in paragraph (2), the court may