§ 20341. Child abuse reporting

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1990

   Victims of Child Abuse Act of 1990

   Pub. L. 101–647 title II § 226 · 104 Stat. 4789

   Enacted · 34 U.S.C. § 20341

   Pub. L. 101–647, title II, § 226, Nov. 29, 1990, 104 Stat. 4806

   Source evidence

   Code source credit
   Pub. L. 101–647, title II, § 226, Nov. 29, 1990, 104 Stat. 4806

   Enacted provision · exact public law section
   SEC. 226. CHILD ABUSE REPORTING. (a) In General.— A person who, while engaged in a professional capacity or activity described in subsection (b) on Federal land or in a federally operated (or contracted) facility, learns of facts that give reason to suspect that a child has suffered an incident of child abuse, shall as soon as possible make a report of the suspected abuse to the agency designated under subsection (d). (b) Covered Professionals.— Persons engaged in the following professions and activities are subject to the requirements of subsection (a): (1) Physicians, dentists, medical residents or interns, hospital personnel and administrators, nurses, health care practitioners, chiropractors, osteopaths, pharmacists, optometrists, podiatrists, emergency medical technicians, ambulance drivers, undertakers, coroners, 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 officers, criminal prosecutors, and juvenile rehabilitation 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 physical or mental injury, sexual abuse or exploitation, 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 serious bodily harm; (3) the term “mental injury” means harm to a child’s psychological or intellectual functioning which may be exhibited by severe anxiety, depression, withdrawal or outward aggressive behavior, or a combination of those behaviors, which may be demonstrated by a change in behavior, emotional response or cognition; (4) the term “sexual abuse” includes the employment, use, persuasion, inducement, enticement, 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 exploitation 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 contact, 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 pornography 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; and (8) the term “child abuse” shall not include discipline administered by a parent or legal guardian to his or her child provided it is reasonable in manner and moderate in degree and otherwise does not constitute cruelty. (d) Agency Designated To Receive Report and Action To Be Taken.— For all Federal lands and all federally operated (or contracted) facilities in which children are cared for or reside, the Attorney General shall designate an agency to receive and investigate the reports described 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 authority to take emergency action to protect the child. All reports received shall be promptly investigated, and whenever appropriate, investigations shall be conducted jointly by social services and law enforcement personnel, with a view toward avoiding unnecessary multiple interviews with the child. (e) Reporting Form.— In every federally operated (or contracted) Federal buildings and facilities. facility, and on all Federal lands, 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. (f) Immunity for Good Faith Reporting and Associated Actions.— All persons who, acting in good faith, make a report by subsection (a), or otherwise provide information or assistance in connection with a report, investigation, or legal intervention pursuant to a report, shall be immune from civil and criminal liability arising out of such actions. There shall be a presumption that any such persons acted in good faith. If a person is sued because of the person’s performance of one of the above functions, and the defend-ant prevails in the litigation, the court may order that the plaintiff pay the defendant’s legal expenses. Immunity shall not be accorded to persons acting in bad faith. (g) Criminal Penalty for Failure to Report.— (1) Chapter 110 of title 18, United States Code, is amended by adding at the end thereof the following new section: “§ 2258. Failure to report child abuse “A person who, while engaged in a professional capacity or activity described in subsection (b) of section 226 of the Victims of Child Abuse Act of 1990 on Federal land or in a federally operated (or contracted) facility, learns of facts that give reason to suspect that a child has suffered an incident of child abuse, as defined in subsection (c) of that section, and fails to make a timely report as required by subsection (a) of that section, shall be guilty of a Class B misdemeanor.”. (2) The chapter analysis for chapter 110, United States Code, is amended— (A) by amending the catchline to read as follows: “CHAPTER 110— SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN and (B) by adding at the end thereof the following new item: “2258. Failure to report child abuse.”. (3) The item relating to chapter 110 in the part analysis for part 1 of title 18, United States Code, is amended to read as follows: “110. Sexual exploitation and other abuse of children (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 contracted) facilities, shall receive periodic training in the obligation to report, as well as in the identification of abused and neglected children.

2. 2016

   National Defense Authorization Act for Fiscal Year 2017

   Pub. L. 114–328 § 575(b)(1) · 130 Stat. 2000

   Inserted · 34 U.S.C. § 20341(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (1) in subsection (a), by inserting “ and to the agency or agencies provided for in subsection (e), if applicable” before the period;

3. 2016

   National Defense Authorization Act for Fiscal Year 2017

   Pub. L. 114–328 § 575(b)(2) · 130 Stat. 2000

   1. Added · 34 U.S.C. § 20341(e)(g)

      Pub. L. 114–328, § 575(b)(2), (3), added subsec. (e)

   2. Redesignated · 34 U.S.C. § 20341(e)(g)

      Pub. L. 114–328, § 575(b)(2), (3), redesignated former subsecs. (e) and (f) as (f) and (g), respectively

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (2) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and

4. 2018

   Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017

   Pub. L. 115–126 § 101(a)(1) · 132 Stat. 318

   1. Amended · 34 U.S.C. § 20341(a)

      Pub. L. 115–126, § 101(a)(1), designated existing provisions as par. (1)

   2. Inserted · 34 U.S.C. § 20341(a)

      Pub. L. 115–126, § 101(a)(1), inserted heading

   3. Added · 34 U.S.C. § 20341(a)

      Pub. L. 115–126, § 101(a)(1), added par. (2)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 115–126, § 101(a)(1), designated existing provisions as par. (1), inserted heading, and added par. (2).

   Enacted provision · exact public law section
   (1) in subsection (a)— (A) by striking “A person who” and inserting the following: “(1) Covered professionals.— A person who” ; and (B) by adding at the end the following: “(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 designated by the Attorney General under subsection (d).” ;

5. 2018

   Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017

   Pub. L. 115–126 § 101(a)(2) · 132 Stat. 318

   Substituted · 34 U.S.C. § 20341(b)

   Pub. L. 115–126, § 101(a)(2), substituted “subsection (a)(1)” for “subsection (a)” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 115–126, § 101(a)(2), substituted “subsection (a)(1)” for “subsection (a)” in introductory provisions.

   Enacted provision · exact public law section
   (2) in subsection (b), in the matter preceding paragraph (1), by striking “subsection (a)” and inserting “subsection (a)(1)”;

6. 2018

   Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017

   Pub. L. 115–126 § 101(a)(3) · 132 Stat. 318

   Added · 34 U.S.C. § 20341(c)(9)(12)

   Pub. L. 115–126, § 101(a)(3), added pars. (9) to (12)

   Source evidence

   Code amendment note
   Subsec. (c)(9) to (12). Pub. L. 115–126, § 101(a)(3), added pars. (9) to (12).

   Enacted provision · exact public law section
   (3) in subsection (c)— (A) in paragraph (7), by striking “and” at the end; (B) in paragraph (8), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: “(9) the term ‘covered individual’ means an adult who is authorized, by a national governing body, a member of a national governing body, or an amateur sports organization that participates in interstate or international 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 governing body, a member of a national governing body, or such an amateur sports organization; “(10) the term ‘event’ includes travel, lodging, practice, competition, and health or medical treatment; “(11) the terms ‘amateur athlete’, ‘amateur athletic competition’, ‘amateur sports organization’, ‘international amateur athletic competition’, and ‘national governing body’ have the meanings given the terms in section 220501(b) of title 36, United States Code; and “(12) the term ‘as soon as possible’ means within a 24-hour period.” ;

7. 2018

   Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017

   Pub. L. 115–126 § 101(a)(4) · 132 Stat. 318

   Inserted · 34 U.S.C. § 20341(d)

   Pub. L. 115–126, § 101(a)(4), inserted “and for all covered individuals” after “reside”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 115–126, § 101(a)(4), inserted “and for all covered individuals” after “reside”.

   Enacted provision · exact public law section
   (4) in subsection (d), in the first sentence, by inserting “and for all covered individuals” after “reside”;

8. 2018

   Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017

   Pub. L. 115–126 § 101(a)(5) · 132 Stat. 318

   1. Substituted · 34 U.S.C. § 20341(f)

      Pub. L. 115–126, § 101(a)(5), substituted “on all” for “and on all”

   2. Inserted · 34 U.S.C. § 20341(f)

      Pub. L. 115–126, § 101(a)(5), inserted “and for all covered individuals,” after “lands,”

   Source evidence

   Code amendment note
   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,”.

   Enacted provision · exact public law section
   (5) in subsection (f), in the first sentence— (A) by striking “and on all” and inserting “on all”; and (B) by inserting “and for all covered individuals,” after “lands,”;

9. 2018

   Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017

   Pub. L. 115–126 § 101(a)(6) · 132 Stat. 318

   Inserted · 34 U.S.C. § 20341(h)

   Pub. L. 115–126, § 101(a)(6), inserted “and all covered individuals,” after “facilities,”

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 115–126, § 101(a)(6), inserted “and all covered individuals,” after “facilities,”.

   Enacted provision · exact public law section
   (6) in subsection (h), by inserting “and all covered individuals,” after “facilities,”; and

10. 2018

    Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017

    Pub. L. 115–126 § 101(a)(7) · 132 Stat. 318

    Added · 34 U.S.C. § 20341(i)

    Pub. L. 115–126, § 101(a)(7), added subsec. (i)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 115–126, § 101(a)(7), added subsec. (i).

    Enacted provision · exact public law section
    (7) by adding at the end the following: “(i) Rule of Construction.— Nothing in this section shall be construed to require a victim of child abuse to self-report the abuse.” .

11. 2020

    Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020

    Pub. L. 116–189 § 10 · 134 Stat. 943

    1. Substituted · 34 U.S.C. § 20341(c)(9)

       Pub. L. 116–189 substituted “adult who—” for “adult who”

    2. Inserted · 34 U.S.C. § 20341(c)(9)

       Pub. L. 116–189 inserted subpar. (A) designation before “is authorized”

    3. Added · 34 U.S.C. § 20341(c)(9)

       Pub. L. 116–189 added subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (c)(9). Pub. L. 116–189 substituted “adult who—” for “adult who”, inserted subpar. (A) designation before “is authorized”, and added subpar. (B).

    Enacted provision · exact public law section
    SEC. 10. ENHANCED CHILD ABUSE REPORTING.   Section 226(c)(9) of the Victims of Child Abuse Act of 1990 (34 U.S.C. 20341(c)(9)) is amended— (1) by striking “adult who is authorized” and inserting the following: “adult who— “(A) is authorized” ; (2) in subparagraph (A), as so designated, by inserting “or” after the semicolon at the end; and (3) by adding at the end the following: “(B) is an employee or representative of the United States Center for SafeSport;” .

17 of 17 references resolved to an enrolled provision