ALABAMA

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WHO:        ANY person MAY report if s/he has reasonable cause to suspect that a child is being abused or neglected.  [Code § 26-14-4]

These are mandatory (MUST report): • Hospitals, clinics, sanitariums, doctors, physicians, surgeons, medical examiners, coroners, dentists, osteopaths, optometrists, chiropractors, podiatrists, pharmacists, physical therapists, and nurses • Public and private K–12 employees, teachers, and school officials • Peace officers and law enforcement officials • Social workers • Daycare workers or employees • Mental health professionals • Employees of public and private institutions of postsecondary and higher education • Members of the clergy • Any other person called upon to render aid or medical assistance to a child.  [Code § 26-14-3]  Ala. Dept. of Child Abuse & Neglect Prevention guidelines say, “Any person whose profession brings them in contact with children on a daily basis is legally obligated to report signs of suspected child abuse or neglect.”

·       NOTE: The mandate is not limited to observations made while reporters practice their professions. So, the mandate covers observations made at any time.

·       STANDARD: [Code §§ 26-14-1; 26-14-3; 26-14-4] “Child” means under age 18.

o   For mandatory reporters: (a) knowledge or reasonable cause to believe that a child has been abused or neglected; or (b) observing any child being subjected to conditions or circumstances that would reasonably result in abuse.

o   For any reporter: Reasonable cause to believe that a child is abused or neglected.  

·       PRIVILEGE:  Only clergy-penitent and attorney-client privileges are permitted. [Code §§ 26-14-3; 26-14-10]

WHEN:      For mandatory reporters:  IMMEDIATE oral report; a written report must follow but that time frame is not stated in statutes reviewed.  [Code § 26-14-3]

WHERE & HOW: 

(1) Mandated initial ORAL reports must be made by phone call or in person (NOT email) to a duly constituted authority (ANY of law enforcement, country Department of Human Resources (DHR) office, or county district attorney).  [Code §§ 26-14-3; 26-14-1(4)]  ALSO: reporting to one’s supervisor at work does NOT satisfy a reporter’s duty to report to authorities.

(2) WRITTEN reports must follow, on form DHR-FCS-1593 from DHR offices or by download. It must be mailed or faxed to the local county DHR office. See https://dhr.alabama.gov/wp-content/uploads/2019/07/ChildAbuseForm1593.pdf in order to download the forms.

·        In a life-threatening emergency:                         Dial 911; report afterward.

·        For Initial reports: the reporter must contact a duly constituted authority from the following group; the choice of which is up to the reporter.

(A)     Law Enforcement: chief of police, if in a municipality or municipality & county, or sheriff, if observation of child abuse or neglect is made in an unincorporated territory. For a directory to either, see: https://www.usacops.com/al/

(B)     County DHR office: for a directory, see: dhr.alabama.gov/county-office-contact/   Alternatively, mandated reporters may call the DHR State Family Services Division at (334) 242-9500 instead.

(C)     County District Attorneys: the statute does not name D.A.s but empowers DHR to designate extra agents, and DHR brochures list D.A.s as report-takers. For a directory, see:  https://alabamadistrictattorney.org/find-my-district-attorney/

·       USEFUL: Brochures: https://ctf.alabama.gov/wp-content/uploads/2018/08/Mandatory-Reporting-Brochure-2018-2.pdf and https://ctf.alabama.gov/wp-content/uploads/2017/10/Mandatory-Reporting-Brochure-ver-5.pdf and Interactive Training: https://aldhr.remote-learner.net/ and Slides: https://ctf.alabama.gov/wp-content/uploads/2017/10/Mandatory-Reporting-Revised_082917.pdf

OTHER ASPECTS

·       REPORT DETAILS: To the extent known, the report should contain: (a) the child’s name and current location; (b) names and addresses of the child’s parents / guardian / caregiver; (c) nature and extent of the child’s injuries; (d) any evidence of previous injuries; (e) any other info that might establish the cause of injuries; and (f) the alleged perpetrator’s identity.  [Code § 26-14-5]  Other DHR-requested info is: (g) the child’s age; (h) the child’s county of residence; and (i) (if there are not injuries) information that led to knowledge or suspicion of the event being reported.

·       REPORTER PROTECTION: (1) The statute does not require a report-maker to identify him/herself. (2) The department will not release his/her identity except under court order (e.g., if a report is determined to be knowingly false).  [Code § 26-14-8]  (3) A reporter in good faith has no civil or criminal liability.  [Code § 26-14-9]

WHY:        A person who knowingly fails to make a required report is guilty of a misdemeanor punishable by < 6 months’ imprisonment or < $500 fine.  A public or private employer that discharges, suspends, disciplines, or penalizes an employee for reporting suspected child abuse or neglect commits a class C misdemeanor.  [Code §§ 26-14-3(g); 26-14-13]

WHAT:      Alabama defines abuse to include physical or mental injury; or sexual abuse or exploitation or its attempt. Alabama also forbids neglect (failure to provide, failure to protect, family-based truancy, and/or abandonment). [Cf. Code § 26-14-1(1),(2); https://aldhr.remote-learner.net/mod/glossary/view.php?id=67]

Initial Screening Criteria: Reports are prioritized by: (a) the allegations; (b) seriousness of the incident(s); and (c) the child’s vulnerability (i.e., capacity for self-protection) and (d) potential risk of serious harm to him/her.  [Admin. Code §§ 660-5-34-.04; 660-5-34-.10]

Reportable: (1) anyone for physical injury, mental injury, sexual abuse, or sexual exploitation; (2) parent or legal guardian for neglect, including failure to provide, failure to protect, truancy (but only if due to family issues), and abandonment.

·        Responsible persons include the parent or legal guardian.  [Code § 26-14-7.2]

Abuse means harm or threat of it to a child’s health or welfare by nonaccidental physical or mental injury, actual or attempted sexual abuse / exploitation.  [Code § 26-14-1(1)]

(A)    Physical Injury is non-accidental serious physical harm inflicted on a child (under age 18) by anyone age 14 or more. This may be by: (1) hitting; (2) kicking; (3) biting; (4) burning; (5) pushing; (6) shaking; or (7) any other physical act that can cause injury to a child.  [Code § 26-14-1(1); Ala. glossary URL above]

(B)    Mental Injury is by non-accidental extreme and aberrant behavior directly resulting in severe functional impairment.  [Code § 26-14-1(1); Ala. glossary URL above]

(1)    Emotional Abuse is: (i) willfully, recklessly inflicting emotional or mental anguish; and/or (ii) using physical or chemical restraint, medication, or isolation as punishment or as a substitute for treatment or care.  Emotional abuse may include: (A) belittling; (B) terrorizing; (C) lack of nurture; (D) rejecting; (E) inconsistent parenting; and/or (F) a violent environment.  [Code § 26-14-1(1); Ala. glossary URL above]

(C)    Sexual Abuse includes acts defined as a crime in §§ 13A-6-60 to 13A-6-70:

(1)    EMPLOYING, using, persuading, inducing, enticing, or coercing a child to engage in, or have him/her assist anyone else in, sexually explicit conduct.

(2)    SIMULATED conduct for the purpose of producing a visual depiction of it.

(3)    PENETRATION OR CONTACT: rape, sodomy, indecent exposure, molestation on or under clothes, prostitution, or other form of sexual exploitation of children.

(4)    INCEST with children. Incest means marriage or sexual intercourse knowing that the other person – legitimately or not – is one’s: (a) ancestor or descendant by blood or adoption; (b) brother or sister of whole or half-blood or by adoption; (c) stepchild or stepparent, while the marriage creating the relationship exists; or (d) aunt, uncle, nephew or niece of whole or half-blood.  [Code § 13A-13-3(a)]

(5)    CONTEXT: THE AGE OF CONSENT is 16. The age difference between child and offender does not affect the age of consent. However, the law considers whether a child who is otherwise old enough to consent may be mentally defective, mentally incapacitated, or physically helpless.  [Ala. Code 13A-6-70(c)]

(D)    Sexual Exploitation includes sexual use of a child for arousal, gratification, advantage, or profit, including either of:

(1)    Allowing, permitting, or encouraging a child to engage in PROSTITUTION.

(2)    Allowing, permitting, encouraging, or engaging in obscene or PORNOGRAPHIC photos, films, or depictions of a child for commercial purposes.

Neglect is negligent treatment, including (a) failure to provide adequate food, medical treatment, supervision, clothing, or shelter, and (b) failure to protect a child from a threat of serious harm, and may include any of physical, educational, or emotional harm.  [Code § 26-14-1(2); Ala. glossary URL above]

(A)    Abandonment means that parents relinquish responsibility, and a current caregiver either can no longer provide care or does not exist.  [Ala. glossary URL above]

(B)    Truancy may reflect abuse or neglect. (Attendance review is not by DHR but by the school district and court in the child’s residence county.)  [Ala. glossary URL above]

NOTE: Failing to provide medical treatment due to religious beliefs is NOT negligence. Yet a court may order medical services for the child.  [Code § 26-14-7.2]