§ 1169. — Reporting of child abuse.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1169]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 53--INDIANS
Sec. 1169. Reporting of child abuse
(a) Any person who--
(1) is a--
(A) physician, surgeon, dentist, podiatrist, chiropractor,
nurse, dental hygienist, optometrist, medical examiner,
emergency medical technician, paramedic, or health care
provider,
(B) teacher, school counselor, instructional aide, teacher's
aide, teacher's assistant, or bus driver employed by any tribal,
Federal, public or private school,
(C) administrative officer, supervisor of child welfare and
attendance, or truancy officer of any tribal, Federal, public or
private school,
(D) child day care worker, headstart teacher, public
assistance worker, worker in a group home or residential or day
care facility, or social worker,
(E) psychiatrist, psychologist, or psychological assistant,
(F) licensed or unlicensed marriage, family, or child
counselor,
(G) person employed in the mental health profession, or
(H) law enforcement officer, probation officer, worker in a
juvenile rehabilitation or detention facility, or person
employed in a public agency who is responsible for enforcing
statutes and judicial orders;
(2) knows, or has reasonable suspicion, that--
(A) a child was abused in Indian country, or
(B) actions are being taken, or are going to be taken, that
would reasonably be expected to result in abuse of a child in
Indian country; and
(3) fails to immediately report such abuse or actions described
in paragraph (2) to the local child protective services agency or
local law enforcement agency,
shall be fined under this title or imprisoned for not more than 6 months
or both.
(b) Any person who--
(1) supervises, or has authority over, a person described in
subsection (a)(1), and
(2) inhibits or prevents that person from making the report
described in subsection (a),
shall be fined under this title or imprisoned for not more than 6 months
or both.
(c) For purposes of this section, the term--
(1) ``abuse'' includes--
(A) any case in which--
(i) a child is dead or exhibits evidence of skin
bruising, bleeding, malnutrition, failure to thrive, burns,
fracture of any bone, subdural hematoma, soft tissue
swelling, and
(ii) such condition is not justifiably explained or may
not be the product of an accidental occurrence; and
(B) any case in which a child is subjected to sexual
assault, sexual molestation, sexual exploitation, sexual
contact, or prostitution;
(2) ``child'' means an individual who--
(A) is not married, and
(B) has not attained 18 years of age;
(3) ``local child protective services agency'' means that agency
of the Federal Government, of a State, or of an Indian tribe that
has the primary responsibility for child protection on any Indian
reservation or within any community in Indian country; and
(4) ``local law enforcement agency'' means that Federal, tribal,
or State law enforcement agency that has the primary responsibility
for the investigation of an instance of alleged child abuse within
the portion of Indian country involved.
(d) Any person making a report described in subsection (a) which is
based upon their reasonable belief and which is made in good faith shall
be immune from civil or criminal liability for making that report.
(Added Pub. L. 101-630, title IV, Sec. 404(a)(1), Nov. 28, 1990, 104
Stat. 4547; amended Pub. L. 103-322, title XXXIII, Secs. 330011(d),
330016(1)(K), Sept. 13, 1994, 108 Stat. 2144, 2147; Pub. L. 104-294,
title VI, Sec. 604(b)(25), Oct. 11, 1996, 110 Stat. 3508.)
Amendments
1996--Pub. L. 104-294 amended directory language of Pub. L. 103-322,
Sec. 330011(d). See 1994 Amendment note below.
1994--Pub. L. 103-322, Sec. 330011(d), as amended by Pub. L. 104-
294, amended directory language of Pub. L. 101-630, Sec. 404(a)(1),
which enacted this section.
Subsecs. (a), (b). Pub. L. 103-322, Sec. 330016(1)(K), substituted
``fined under this title'' for ``fined not more than $5,000'' in
concluding provisions.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see section
604(d) of Pub. L. 104-294, set out as a note under section 13 of this
title.
Effective Date of 1994 Amendment
Section 330011(d) of Pub. L. 103-322, as amended by Pub. L. 104-294,
Sec. 604(b)(25), provided that the amendment made by that section is
effective on the date section 404(a) of Pub. L. 101-630 took effect.
