Mandatory Child Abuse Reporting Laws: What Church Leaders Must Know

Every state has a mandatory child-abuse reporting law on the books. 

But many pastors and church leaders are unaware of these statutes, let alone their need to comply with them. 

Since April is National Child Abuse Prevention Month, now is a smart time for church leaders to familiarize themselves with these laws, how they work, and what to do if the unthinkable–a suspected case of child abuse–ever arises. 

Abuse allegations consistently rank first among the reasons churches go to court each year, so the gravity of the situation alone merits the highest of priorities. 

Mandatory abuse-reporting laws first emerged in the early 1960s, mainly in response to growing research regarding the immense harm suffered by children through ongoing physical, emotional, or sexual abuse, and neglect. 

Researchers increasingly found that persons in positions of trust often had opportunities to intervene on a child’s behalf, but didn’t, leading state lawmakers to begin passing legislation compelling them to do so. 

The ultimate goal: increase action and reduce abuse.

In the decades since these laws first surfaced, every state has adopted one, and most states have modified them multiple times to expand the list of named professionals required to report. 

Over time, most–though not all–state laws have explicitly named clergy and other common church roles, such as teachers and directors.  

The penalties for failing to comply are notable. Most laws recognize criminal liability for the person who fails to report, with penalties ranging from misdemeanors and small fines to jail time and hefty fines. 

At least eight states also recognize civil liability, which means a victim can personally sue the person who failed to meet their reporting obligation.

Church Law & Tax regularly updates its 50-state survey of abuse-reporting laws, and recently did so again. 

The report offers specific guidance on whether laws include clergy and other church-related positions, plus other requirements a state’s law imposes, including:

When the #MeToo movement erupted on social media in 2017, numerous states enacted broad-sweeping changes to their reporting laws. That activity has subsided during the past two years, with the most notable changes coming in the phone numbers or website links that mandatory reporters must use to report. 

Pastors and church leaders often become aware of abuse either because they learn a child has been harmed by a person within the church or by someone outside the church. 

Regardless of who has perpetrated the suspected abuse and where it occurred, pastors and leaders must respond. 

Regrettably, though, many hesitate. 

Sometimes it’s because they believe a situation can be handled within the church. Other times it’s because they aren’t sure whether they need to verify the credibility of a case.

Neither are good reasons. 

The laws simply state “reasonably suspected cases of abuse,” and that standard–though seemingly ambiguous–is not difficult to meet. The laws do not require further inquiry on the part of the mandatory reporter, or for the mandatory reporter to present specific evidence. 

Furthermore, states offer immunity to an individual who makes a good-faith report that is later deemed to be inaccurate, underscoring just how much the state wants persons in positions of trust to act.

As attorney Richard Hammar, the co-founder of Church Law & Tax, has recommended for years, “When in doubt, report.” A child’s well-being hangs in the balance.