All 50 states passed child abuse reporting statutes beginning in the 1960s. These laws are updated frequently—sometimes to clarify language, sometimes to expand definitions or penalties. In the early 2020s:

Action Step: Regularly consult with legal counsel to stay current.

Most states define child abuse to include:

Some states define abuse broadly, regardless of the abuser’s relationship to the child. Others limit it to parents or custodians.

Important: Abuse doesn’t have to occur on church property or involve church staff to trigger a reporting obligation. Disclosure in a casual conversation or through observation can still require a report.

Some states (e.g., Florida, Delaware) define mandatory reporters as any person who suspects abuse. Others list specific occupations—many now include clergy explicitly.

Church staff who also serve as teachers, counselors, or daycare employees may qualify under these roles even if “clergy” isn’t listed.

The law is less clear on volunteers and children’s ministry directors. Definitions vary by state. Watkins recommends:

In “any person” states, ambiguity decreases. Everyone is expected to report.

If your state doesn’t designate clergy as mandatory reporters, you’re likely a permissive reporter. You’re encouraged—but not legally obligated—to report abuse.

Confidential counseling doesn’t always exempt a minister from reporting abuse. Laws vary:

Even if the privilege applies, it may not cover:

Most states require reports to be made immediately, often within:

Failure to report promptly can result in prosecution.

Action Step: Develop a clear, proactive plan using tools like Reducing the Risk training.

Reporting usually involves:

Review your state’s statute carefully.

Failing to report known or suspected abuse can result in:

Example: A Pennsylvania priest was convicted of a felony for failing to report another priest’s abuse.

In at least eight states, victims can sue mandatory reporters who failed to act. These suits can be filed years after the failure.

Risks include:

Some churches have been sued for failing to report, but courts have mostly rejected these claims unless gross negligence is proven.

Some states treat failure to report as negligence per se, meaning guilt is presumed without further evidence. This increases legal exposure even in the absence of civil liability laws.

Most states offer 24/7 hotlines or online reporting portals. However:

In some states (e.g., New York), mandatory reporters must notify:

But notifying a church supervisor alone is not sufficient unless state law explicitly allows it (e.g., Missouri).

It’s illegal in many states to stop someone from reporting abuse. Church leaders and supervisors must never discourage or delay a report.

Many states protect reporters from retaliation by employers. Churches must avoid punishing employees or volunteers who file reports in good faith.

Every state provides limited immunity for individuals who report abuse in good faith. However:

Most laws protect the reporter’s identity from disclosure to the accused. Some allow disclosure to agencies or prosecutors.

A few states require reporters to identify themselves—but still protect their identities from the accused.

If an adult discloses past abuse from their childhood:

Check your state’s statute for specific guidance.

Some states recognize spiritual treatment as a valid alternative to medical care. Children treated only by prayer may not automatically qualify as abused under these laws.

Some states require or encourage training for mandatory reporters. Examples:

Recommendation: All churches should offer training for staff and volunteers.

Statutes of limitation vary, but many states have extended or eliminated them for child abuse claims.

Key points:

Action Steps:

The law around child abuse reporting is complex and ever-changing. Church leaders must:

“Leaders need to know there are resources to help. They are not acting alone.” —Dennis Watkins

Richard R. Hammar, J.D., LL.M., CPA, is co-founder and senior editor of ChurchLawAndTax.com. Matthew J. C. Branaugh, J.D., is an attorney and editor of ChurchLawAndTax.com.