Who is mandated to report?
Are all health clinicians mandated to report?
- Yes.
Who else is a mandated reporter?
- The following professionals are required to report:
- Physicians, hospital personnel, nurses, dentists, or any other medical or mental health professionals
- Teachers or other school personnel, social service workers, daycare workers, or other child care or foster care workers
- Peace officers or law enforcement officials
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 reporter has reasonable cause to suspect that a child has been subjected to abuse, sexual abuse, or neglect.
- A reporter observes the child being subjected to conditions or circumstances that would reasonably result in abuse or neglect.
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 abuse, sexual abuse and neglect as defined by U.S. Virgin Islands statute 2502 of Title 5 and legal guidance interpreting the statute.
- “Abuse” means any physical or mental injury inflicted on a child, other than by accidental means, by those responsible for the care and maintenance of the child, which injury causes or creates a substantial risk of death, serious or protracted disfigurement, protracted impairment of physical or emotional health or loss or protracted impairment of the function of any bodily organ. “Abuse” includes the sexual abuse of a child, as defined by law, or the sexual exploitation, including the prostituting of a child and the photographing or other depiction of a child for pornographic purposes, or a persistent course of sexual conduct that causes a child's health or welfare to be harmed or threatened.
- “Neglect” means the failure by those responsible for the care and maintenance of the child to provide the necessary support, maintenance, education as required by law; and medical or mental health care, to the extent that the child's health or welfare is harmed or threatened thereby. It shall also mean an abandoned child as defined in this chapter.
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 U.S. Virgin Islands Code on the Lexis website.
How to report:
What is the method of reporting?
- A report must be made orally or otherwise when a mandated reporter has reasonable cause to suspect that a child has been subjected to abuse, sexual abuse, or neglect.
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?
- A report must be made orally or otherwise when a mandated reporter has reasonable cause to suspect that a child has been subjected to abuse, sexual abuse, or neglect. At the request of the department, an oral report shall be followed by a written report within 48 hours.
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?
- Reports shall be made by telephone or otherwise to the U.S. Virgin Islands Police Department (VIPD) or the Department of Social Welfare (department). The department shall receive or arrange for the receipt of all reports of alleged child abuse, sexual 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?
- Department of Human Services
- St. Thomas:
- 340-774-0930
- St. Croix:
- 340-773-2323
- St. John:
- 340-776-6334
- Office of Intake and Emergency
- 340-774-2399 ext. 4265
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.