CITE

    18 USC Sec. 1169                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 53 - INDIANS

HEAD

    Sec. 1169. Reporting of child abuse

STATUTE

      (a) Any person who -
        (1) is a -
          (A) physician, surgeon, dentist, podiatrist, chiropractor,
        nurse, dental hygienist, optometrist, medical examiner,
        emergency medical technician, paramedic, or health care
        provider,
          (B) teacher, school counselor, instructional aide, teacher's
        aide, teacher's assistant, or bus driver employed by any
        tribal, Federal, public or private school,
          (C) administrative officer, supervisor of child welfare and
        attendance, or truancy officer of any tribal, Federal, public
        or private school,
          (D) child day care worker, headstart teacher, public
        assistance worker, worker in a group home or residential or day
        care facility, or social worker,
          (E) psychiatrist, psychologist, or psychological assistant,
          (F) licensed or unlicensed marriage, family, or child
        counselor,
          (G) person employed in the mental health profession, or
          (H) law enforcement officer, probation officer, worker in a
        juvenile rehabilitation or detention facility, or person
        employed in a public agency who is responsible for enforcing
        statutes and judicial orders;
        (2) knows, or has reasonable suspicion, that -
          (A) a child was abused in Indian country, or
          (B) actions are being taken, or are going to be taken, that
        would reasonably be expected to result in abuse of a child in
        Indian country; and
        (3) fails to immediately report such abuse or actions described
      in paragraph (2) to the local child protective services agency or
      local law enforcement agency,
    shall be fined under this title or imprisoned for not more than 6
    months or both.
      (b) Any person who -
        (1) supervises, or has authority over, a person described in
      subsection (a)(1), and
        (2) inhibits or prevents that person from making the report
      described in subsection (a),
    shall be fined under this title or imprisoned for not more than 6
    months or both.
      (c) For purposes of this section, the term -
        (1) "abuse" includes -
          (A) any case in which -
            (i) a child is dead or exhibits evidence of skin bruising,
          bleeding, malnutrition, failure to thrive, burns, fracture of
          any bone, subdural hematoma, soft tissue swelling, and
            (ii) such condition is not justifiably explained or may not
          be the product of an accidental occurrence; and
          (B) any case in which a child is subjected to sexual assault,
        sexual molestation, sexual exploitation, sexual contact, or
        prostitution;
        (2) "child" means an individual who -
          (A) is not married, and
          (B) has not attained 18 years of age;
        (3) "local child protective services agency" means that agency
      of the Federal Government, of a State, or of an Indian tribe that
      has the primary responsibility for child protection on any Indian
      reservation or within any community in Indian country; and
        (4) "local law enforcement agency" means that Federal, tribal,
      or State law enforcement agency that has the primary
      responsibility for the investigation of an instance of alleged
      child abuse within the portion of Indian country involved.
      (d) Any person making a report described in subsection (a) which
    is based upon their reasonable belief and which is made in good
    faith shall be immune from civil or criminal liability for making
    that report.

SOURCE

    (Added Pub. L. 101-630, title IV, Sec. 404(a)(1), Nov. 28, 1990,
    104 Stat. 4547; amended Pub. L. 103-322, title XXXIII, Secs.
    330011(d), 330016(1)(K), Sept. 13, 1994, 108 Stat. 2144, 2147; Pub.
    L. 104-294, title VI, Sec. 604(b)(25), Oct. 11, 1996, 110 Stat.
    3508.)

AMENDMENTS

      1996 - Pub. L. 104-294 amended directory language of Pub. L. 103-
    322, Sec. 330011(d). See 1994 Amendment note below.
      1994 - Pub. L. 103-322, Sec. 330011(d), as amended by Pub. L. 104-
    294, amended directory language of Pub. L. 101-630, Sec.
    404(a)(1), which enacted this section.
      Subsecs. (a), (b). Pub. L. 103-322, Sec. 330016(1)(K),
    substituted "fined under this title" for "fined not more than
    $5,000" in concluding provisions.
                     EFFECTIVE DATE OF 1996 AMENDMENT
      Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see
    section 604(d) of Pub. L. 104-294, set out as a note under section
    13 of this title.
                     EFFECTIVE DATE OF 1994 AMENDMENT
      Section 330011(d) of Pub. L. 103-322, as amended by Pub. L. 104-
    294, Sec. 604(b)(25), provided that the amendment made by that
    section is effective on the date section 404(a) of Pub. L. 101-630
    took effect.