Who is mandated to report?

Are all health clinicians mandated to report?

  • Yes.

Who else is a mandated reporter?

  • Resident physicians
  • Interns
  • Hospital administrators
  • Emergency medical personnel
  • Psychologists
  • Pharmacists
  • Child care workers
  • Mental health professionals
  • Social workers

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 mandated reporter reasonably suspects abuse or neglect of a child.

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 or neglect as defined by Vermont Code section 4912 of Title 33 and legal guidance interpreting the statute.
    • “Abused or neglected child” means:
      • A child whose physical health, psychological growth and development, or welfare is harmed or is at substantial risk of harm by the acts or omissions of his or her parent of other person responsible for the child’s welfare.
      • An “abused or neglect child” also means a child who is sexually abused or at substantial risk of sexual abuse by any person and a child who has dies as a result of abuse or neglect.
      • “Sexual abuse” consists of any act or acts by any person involving sexual molestation or exploitation of a child including:
        • Incest;
        • Prostitution;
        • Rape;
        • Sodomy;
        • Lewd and lascivious conduct involving a child;
        • Aiding, abetting, counseling, hiring, or procuring of a child to perform or participate in any photograph, motion picture, exhibition, show, representation, or other presentation which, in whole or in part, depicts sexual conduct, sexual excitement, or sadomasochistic abuse involving a child;
        • Viewing, possessing, or transmitting child pornography, with the exclusion of the exchange of images between mutually consenting minors, including the minor whose image is exchanged;
        • Human trafficking;
        • Sexual assault;
        • Voyeurism;
        • Luring a child; or
        • Obscenity

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 Vermont Statutes at the Vermont General Assembly website.

How to report:

What is the method of reporting?

  • A report shall be made orally or in writing if a child is suspected to be subject to 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 mandated reporter who has reasonable cause to believe that a child has been abused or neglected shall report within 24 hours of the time information regarding the suspected abuse or neglect was first received or observed.

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?

  • A report shall be made orally or in writing to the Department of Social and Rehabilitation Services, Family Services Division.

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

State/County Hotline?

  • Vermont Child Abuse and Neglect Hotline (24 hours-a-day, 7 days-a-week)
  • 1-800-649-5285

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.