Who is mandated to report?

Are all health clinicians mandated to report?

  • Yes.

Who else is a mandated reporter?

  • All persons are required to report.

For more information, refer to Mandatory Reporters of Child Abuse and Neglect at the Child Welfare Information Gateway.

When is the reporting duty triggered?

What is the standard?

  • A report is required when a person has reasonable cause to believe that a child has been subjected to child abuse or acts of child abuse.

For more information, refer to Mandatory Reporters of Child Abuse and Neglect at the Child Welfare Information Gateway.

What must be reported?

How does state law define child abuse and neglect for reporting purposes?

  • Mandated reporters must report child abuse as defined by New Jersey section 9:6-1 and 9:6-8.9 and legal guidance interpreting the statutes.
    • "Abused child" means a child under the age of 18 years whose parent, guardian, or other person having his custody and control:
      • Inflicts or allows to be inflicted upon such child physical injury by other than accidental means which causes or creates a substantial risk of death, or serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ;
      • Creates or allows to be created a substantial or ongoing risk of physical injury to such child by other than accidental means which would be likely to cause death or serious or protracted disfigurement, or protracted loss or impairment of the function of any bodily organ; or
      • Commits or allows to be committed an act of sexual abuse against the child;
      • Or a child whose physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired as the result of the failure of his parent or guardian, or such other person having his custody and control, to exercise a minimum degree of care (1) in supplying the child with adequate food, clothing, shelter, education, medical or surgical care though financially able to do so or though offered financial or other reasonable means to do so, or (2) in providing the child with proper supervision or guardianship, by unreasonably inflicting or allowing to be inflicted harm, or substantial risk thereof, including the infliction of excessive corporal punishment or using excessive physical restraint under circumstances which do not indicate that the child's behavior is harmful to himself, others or property; or by any act of a similarly serious nature requiring the aid of the court;
      • Or a child who has been willfully abandoned by his parent or guardian, or such other person having his custody and control;
      • Or a child who is in an institution as defined in section 1 of P.L. 1974, c. 119 (C. 9:6-8.21) and (1) has been so placed inappropriately for a continued period of time with the knowledge that the placement has resulted and may continue to result in harm to the child's mental or physical well being or (2) has been willfully isolated from ordinary social contact under circumstances which indicate emotional or social deprivation.
    • A child shall not be considered abused pursuant to subsection f. of this section if the acts or omissions described therein occur in a day school as defined in section 1 of P.L.1974, c. 119 (C. 9:6-8.21).

Are child molestation, sexual abuse, rape, statutory rape, incest, intimate partner violence, sexual exploitation and/or trafficking of a minor reportable as child abuse or neglect and if so, how are they defined and what is reportable?

For the most current definitions of these terms, refer to the Justia US Law and New Jersey Government websites.

How to report:

What is the method of reporting?

  • Any person who has reasonable cause to believe that a child has been subjected to abuse or neglect shall report the same to the Division of Child Protection and Permanency by telephone or otherwise.

For more information, refer to Making and Screening Reports of Child Abuse and Neglect at the Child Welfare Information Gateway.

What is the timeline in which to report?

  • As soon as the person has reasonable cause to believe that a child has been subjected to abuse or neglect.

For more information, refer to Making and Screening Reports of Child Abuse and Neglect at the Child Welfare Information Gateway.

To whom are reports made?

  • The division shall maintain, at all times, an emergency telephone service for the receipt of calls involving a report, complaint, or allegation of child abuse or neglect.

For more information, refer to Making and Screening Reports of Child Abuse and Neglect at the Child Welfare Information Gateway.

State/County Hotline?

  • Child Abuse Hotline (State Central Registry)
  • 1-877-652-287
  • TTY: 1-800-835-5510

Confidentiality:

What federal confidentiality laws apply to health information collected during a Title X visit?

  • Title X regulations 42 CFR 59.11
  • HIPAA 45 CFR 164.502

Is there an exception in federal confidentiality law that allows a clinician to comply with mandatory child abuse reporting laws?

  • Yes.