Laws and Reporting

What to Report

Having reason to believe that a child under the age of 18 is a victim of abuse or neglect. This also includes sexual abuse, rape, anal or oral sodomy, sexual exploitation, enabling child abuse, enabling child neglect, enabling sexual abuse and enabling sexual exploitation.

Behaviors to Report

Abuse – harm or threatened harm to a child’s health, safety or welfare by a person responsible for the child’s health or safety including sexual abuse and sexual exploitation.
Neglect – failure to provide supervision, adequate nurturing and affection, food, clothing, shelter, sanitation, hygiene, appropriate education, appropriate medical, dental, or behavioral care. Also includes failure to protect a child from exposure to the use/sale/manufacture of illegal drugs, illegal activities or sexual acts/materials that are not age appropriate.

Ages to Report

Age 13 + 14 – Report must be made even if patient states relationship is consensual or parent / guardian is aware and consents
Age 15 – Report must be made if partner is older than 18
Age 16 – Can consent with anyone 15 years or older

13 and 14 year olds cannot consent to sex with anyone
15 year olds can consent to sex with a person whose age is 15 – 18
16 year olds can consent to sex with anyone older than 14
No person can be convicted of rape if the victim is over 14 unless person is over 18

Sexual abuse

Includes but not limited to: rape, incest and lewd or indecent acts or proposals made to a child.

Statutory Rape

Sexual intercourse (vaginal or anal penetration) where victim is under age 16 or cannot consent.
The victim is under legal custody or supervision of local, state or federal government and engages in sexual intercourse with an employee of any of those agencies.
The victim is at least 16, but less than 20, and is a student under the custody/supervision of any school with a person who is age 18 and an employee of the school.
The victim is 19 or younger and engages in sexual intercourse with a foster parent.
The victim is age 16 or 17 and engages in sexual intercourse with someone who is responsible for child’s health, safety, and welfare. (Parent, guardian, foster parent, or other adults living in home.)

Sexual Assault

Neglect

Failure to provide adequate supervision, nurturing and affection, food, clothing, shelter, sanitation, hygiene and education.
Failure to provide adequate medical, dental, and behavioral healthcare.
Exposure to illegal drugs, illegal activities, sexual acts or abandonment.