DISTRICT OF COLUMBIA

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WHO:        Anyone MAY report if they know of or have reason to suspect child abuse or neglect; but anyone over age 18 MUST report if they know or have reason to believe that a child under age 16 is a victim of sexual abuse.  [Code §§ 4-1321.02; 22-3020.52]

These are mandatory (MUST report OR have a report made): • Child and Family Services Agency employees, agents, and contractors • Physicians, psychologists, medical examiners, dentists, chiropractors, registered nurses, licensed practical nurses, or persons involved in the care and treatment of patients • Law enforcement officers or humane officers of any agency charged with the enforcement of animal cruelty laws • School officials, teachers, or athletic coaches • Department of Parks and Recreation employees, public housing resident managers, social service workers, or daycare workers • Human trafficking counselors • Domestic violence counselors or mental health professionals.  [Code § 4-1321.02] 

·       NOTE: The mandate for professionals and officials is not limited to observations in the course of work. Reporting fetal alcohol spectrum disorder is an exception, but those reporters still have a mandate for other observations made outside of work.

·       STANDARDS:  [Code §§ 4-1321.02; 22-3010(3); 22-3020.52] NOTE:

In the § 16 series statutes (e.g., §§ 16-2301(3),(4)) MINOR means under age 21 and CHILD means under age 18. 

In the § 22 series statutes (e.g., §§ 22-3001(3),(4)) MINOR means under age 18 and CHILD means under age 16. 

                                 (1)     ALL persons over age 18: know or have reason to believe that a child under age 16 is a victim of sexual abuse.

(a)      EXEMPT from reporting: (a) sex abuse victims of the same suspect(s); and (b) survivors of domestic violence.  [§§ 22-3020.52; 22-3020.53]

                                 (2)     For any mandated reporter (part I): knows or reasonably suspects that a child (age <18) whom s/he knows in a professional or official capacity was or is in immediate danger of mental or physical abuse or neglect.

                                 (3)     For any mandated reporter (part II): any child age 5 through age 13 who has 10 or more days of unexcused absences within a school year.

                                 (4)     Every mandated reporter (part III) [aggravated]: knows or reasonably suspects that a child (age <18) whom s/he knows in a professional or official capacity was or is in immediate danger from: (1) actual or attempted sexual abuse; (2) activities aimed to prostitute the child; (3) the child’s bullet injury; or (4) the child’s non-accidental injury from a knife or other sharp object.

                                 (5)     Health professional, law enforcement officer, or humane officer: reasonable suspicion of child (age <18) abuse, due to inadequate care, control, or subsistence in the home environment due to drug-related activity. 

o    EXEMPT from reporting: undercover officers, if their identity or investigation might be jeopardized by making the report.

                                 (6)     Licensed health professional: in his/her professional capacity, knows that a child age < 12 months is diagnosed with fetal alcohol spectrum disorder.

                                 (7)      Metro police: any knowledge, info, or suspicion that a child (under age 18) is engaging in or offering a sexual act or sexual contact (§ 22-3001) in return for anything of value.  [Code § 4-1321.02(h)]

                                 (8)     All others: knowledge or reason to suspect child (under age 18) abuse or neglect.

·       PRIVILEGE: A mandated reporter is exempt from reporting IF s/he is employed by (or is) a lawyer, IF suspicions about the client arise solely through representation.  There is NO spouse/domestic partner privilege or physician-patient privilege in abuse/neglect judicial cases.  [Code §§ 4-1321.02(b); 4-1321.05]  For sexual abuse of a child under age 16: clergy-penitent privilege applies (just for those confessions) for clergy appointed, licensed, ordained, or consecrated in Wash. D.C.; lawyer-client privilege above also applies. (Clergy are not mandated as to other abuse).  [Code § 22-3020.52]

WHEN:      IMMEDIATE oral report.  Written report (no statutory timeline) if requested by CFSA or police, or abuse involves drug-related activity.   [Code §§ 4-1321.02; -1321.03]

WHERE & HOW:   [Code §§ 4-1321.02; 4-1321.03; 4-1303.03b] 

·       Mandated reporters should make an immediate ORAL report to: (1) the Washington D.C. Metropolitan POLICE department; OR (2) the Child and Family Services Agency (CFSA), and follow up with a written report if one is requested. More information is at https://cfsa.dc.gov/service/report-child-abuse-and-neglect. 

·       For a child in immediate, life-threatening danger:                 Dial 911 (report later)

AND sexual abuse of a child under age 16 is reportable to 911.  [Code § 22-3020.52(a)]

·       To report to police, non-emergency:                                        Dial 311

·       Other Washington, DC metro police contact information:   

Phone: (202) 727-9099           Fax: (202) 727-4106               TTY: 711                 

Email: mpd@dc.gov              Website: https://mpdc.dc.gov/

Physical Address: 300 Indiana Avenue, NW, Room 5059, Washington, DC 2000   

·       CFSA Hotline (24/7):                               (202) 671-7233  [which is (202) 671-SAFE]

·       Other CFSA contact info:          Website: https://cfsa.dc.gov/

Phone: (202) 442-6100           Fax: (202) 727-6505               TTY: 711                 

Email: cfsa@dc.gov                Office Hours: Monday-Friday, 8 a.m. to 4:45 p.m.  

Physical Address: 200 I Street, SE, Washington, DC 20003           

·       Written reports (if requested by CFSA or police, or the abuse involves drug-related activity).  [Code § 4-1321.02(d)]  The District of Columbia posts no standard form online for written reports, and has no online reporting system as of this Digest edition.

·       SUBSTANCE EXPOSURE: (1) For fetal alcohol  spectrum disorder: a licensed health professional must report (or have the report made) immediately to CFSA. (2) For inadequate care, control, or subsistence in the home environment due to exposure to drug-related activity: a licensed health professional, law enforcement officer, or human officer must report immediately in writing to CFSA.  [Code § 4-1321.02(d),(f)] 

·       INSTITUTIONS:  Staff at hospitals, schools, social agencies, and similar institutions MUST immediately notify its head or his/her designated agent, who will then make a report, BUT the staff member has a duty to report also.  [Code § 4-1321.02]

·       REPORT DETAILS: Mandated reports must include at least, where known: (a) the name, age, gender, and address of the child, of his/her siblings and other children in the household, and of the parents or others responsible for care; (b) the nature and extent of this and any previous abuse or neglect, if known; and (c) any other info that may be helpful.  Mandated reports (but only those) must include (d) the reporter’s identity, occupation, contact info, and any action s/he took.  [Code § 4-1321.03]

·       REPORTER PROTECTION: (1) Mandated reports (but only those) must include the reporter’s identity, occupation, and contact info.  [Code § 4-1302.03]  (2) Reporter and witness identities are not released without their respect consent, whether to any suspect, child’s parent or guardian, or child-placing agency.  [Code § 4-1302.03]  (3) Reports made in good faith are immune from civil and criminal liability and also in court; good faith is presumed unless rebutted.  [Code § 4-1302.04] 

WHY:        (1) Willful failure to make a mandated report is punishable by < 180 days imprisonment and/or < $1,000 fine.  [Code §§ 4-1321.07; 22-3571.01]  (2) Willful failure to report sexual abuse of a child under age 16 draws a civil fine of $300.  [Code § 22-3020.54]  (3) Employer retaliation against good-faith reporters of sexual abuse of a child under age 16 is subject to judicial relief and reinstatement with back pay.  [Code § 22-3020.55]

WHAT:      The District of Columbia defines child abuse and neglect as including any of (1) infliction of physical or mental injury; (2) negligent treatment or maltreatment; and (3) sexual abuse or exploitation.  [Code § 16-2301(23)]

Initial Screening Criteria: For urgency: (a) child fatality; (b) suspected sexual abuse; or (c) the agency suspects that a child experienced or is at imminent risk of severe abuse or neglect.  [Code §§ 4-1303.03b; 4-1301.04]

Reportable: (a) a parent, guardian, or custodian for excessive physical discipline, neglect, or sexual exploitation  [Code § 16-2301(23)(B)(i),(24),(25)]; or (b) anyone for physical or mental injury, sexual abuse generally, or sexual abuse / exploitation of a child under age 16 for which everyone age 18 or more is a mandatory reporter.  

Physical Injury means bodily harm greater than transient pain or minor temporary marks.  [Code § 16-2301(30)]  

(A)     What is lawful: discipline (a) by a parent, guardian, or custodian; (b) reasonable in manner; (c) moderate in degree; & (d) not cruel otherwise.  [Code § 16-2301(23)(B)(i)] 

(B)     Discipline must not: (a) burn, bite, or cut a child; (b) strike with a closed fist; (c) injure by shaking, kicking, or throwing the child; (d) non-accidentally injure before age 18 months; (e) interfere with a child's breathing; or (f) threaten with a dangerous weapon or use one on a child. These are only examples.  [Code § 16-2301(23)(B)(i)]

Mental Injury is (a) harm to a child's (b) psychological or intellectual functioning that may be (c) exhibited by severe anxiety, depression, withdrawal, and/or outward aggression, & (d) seen by a change in behavior, emotional response, or cognition.  [Code § 16-2301(31)]  

Negligent Treatment or Maltreatment means (a) a parent, guardian, or other custodian’s (b) failure to provide (c) adequate food, clothing, shelter, or medical care, where it is (d) not due to lack of financial means. Neglect includes any of:  [Code § 16-2301(24)]  

(A)   [Disinterest]

                                 (1)     (FAILURE TO PROVIDE): Negligent treatment or maltreatment;

(a)      Caveat:  It is NOT neglect to treat a medical condition solely by prayer from an accredited practitioner of a recognized church.  [Code § 16-2301(9)(B)]

                                 (2)     (FAILURE TO PROTECT): (1) Failing to make reasonable efforts to prevent abuse; (2) Imminent risk of abuse, and another child in the home was abused.

                                 (3)     (FAILURE TO SUPERVISE): Lack of proper parental care or control, subsistence, education, or necessity for physical, mental, or emotional health;

                                 (4)     (ABANDONMENT): Leaving a newborn > 10 days in a D.C. hospital though s/he is ready for discharge, without maintaining relationship or contact with the child;

(B)   [Inability]

                                 (5)     (CONSTRAINTS): Inability due to incarceration, hospitalization or incapacity; BUT it is NOT neglect if lack of care and control is due to lack of financial means.

                                 (6)     (UNAVAILABILITY): Inability to care, control, or provide if another discontinues;

(C)   [Drugs]

                                 (7)     (FETAL SUBSTANCES): (1) Newborn addicted, dependent or with significant controlled substance in the body; and/or (2) a newborn’s presence controlled substance is directly foreseeable by the (pregnant) mother’s intake; or

                                 (8)      (DRUG HOME): a child regularly exposed to in-home illegal drug-related activity.

Sexual Abuse of a child (age <18) includes any of (1) an actual or attempted sexual act or sexual contact; (2) actual or attempted sexually explicit conduct; and (3) exposure to sexually explicit conduct.  [Code § 16-2301(32)]  

(A)     Sexually explicit conduct means actual or simulated: (a) sexual acts; (b) sexual contact; (c) bestiality; (d) masturbation; or (e) lascivious exhibition of the genitals, anus, or pubic area.  [Code § 16-2301(33)]

(B)     Context: the age of consent is 16.  [Code §§ 22-3001(3)]

(1)     CAVEAT #1: a minor (under age 18) cannot consent to sex or sexual contact with anyone over age 18 in a “significant relationship”: (a) a parent, sibling, aunt, uncle, or grandparent, by blood, marriage, domestic partnership, or adoption; (b) a legal or de facto guardian or anyone, more than 4 years older, who is an intermittent or permanent household member; or (c) a person or his/her spouse, domestic partner, or paramour, with any duty or responsibility for the child’s health, welfare, or supervision at the time.    [Code § 22-3001(10)]

(2)     CAVEAT #2: INCEST is marriage, cohabitation, or sexual intercourse with anyone within but not at the 4^th degree of consanguinity (i.e., 3^rd degree or less): (a) ancestor to great grandparent; (b) descendant to great grandchild; (c) brother or sister; (d) uncle or aunt (by blood); and (e) nephew or niece. The Washington D.C. chart excludes kinship to or through anyone’s spouse, but implicitly includes half-blood relatives due to their shared bloodline.  [Code § 22-1901; https://www.dccourts.gov/sites/default/files/pdf-forms/TableOfConsanguinity81-JUN95.pdf]

(3)     CLOSE-IN-AGE: Children ages 12, 13, 14, or 15 CAN otherwise consent to sex with someone who is less than 4 years older than them. [Code § 22-3001(3),(10); and see §§ 22-3008; 22-3009; In re M.S., 171 A.3d 155 (D.C. 2017); 22-4001]

Sexual Exploitation of a child (under age 18): (a) a parent, guardian, or other custodian: (b) allows a child to engage in prostitution; or (b) engages or allows him/her to engage in [child porn] or another illustration or promotion of sexual conduct.  [Code § 16-2301(25)]  

SPECIAL CASE (other laws): Sexual abuse of a child under age 16, for which any person who is age 18 or more is a mandatory reporter is any of:  [Code § 22-3020.51]

(A)      Sex Trafficking, where (a) an individual or business (b) knowingly (c) recruits, entices, harbors, transports, provides, obtains, or maintains a child who will then (d) engage in a commercial sex act, though the individual or business (e) knows or recklessly disregards that the child is under age 18.  [Code § 22-1834]

(B)      Procuring for Prostitution, where (1a) anyone, (1b) persuades, entices, or forcibly abducts (1c) a child under age 18 (1d) from the child’s home or usual abode, or from custody and control of his/her parents or guardian, (1e) for purposes of prostitution; OR (2) hides or harbors such a child. [Code § 22-2704]

(C)     Context, for acts that aim to abuse, humiliate, harass, degrade, arouse, or gratify. (1) Sexual contact means touching skin or clothing at the genitalia, anus, groin, breast, inner thigh, or buttocks. (2) Sexual acts penetrate a penis, other body part, or foreign object even slightly into a mouth, vulva, or anus. (3) Aggravating methods include force, threats, intimidation, unconsciousness, drugs, injuries, weapon, accomplices, multiple victims, enticement, removal, fraud, and grooming. (4) Aggravating vulnerabilities include (4a) a victim’s inability to grasp, decline, or respond; (4b) opposition by the victim; (4c) the victim is a ward, patient, client, or prisoner; or (4d) the victim is 4 or more years younger. (5) Aggravating ties include in-family, authority figure, or school adult. (6) Defenses include that the other person is the minor’s spouse or domestic partner.  [Code §§ 22-3001 to -3020]

(D)     Pornographic Activity:  [Code § 22-3102]

                                  (1)     PRODUCTION: (a) any person knowingly uses – or a parent, legal guardian, or custodian consents to – (b) a minor (under age 18) (c) in a sexual performance or in promoting one by a minor. Use means to employ, authorize, or induce a performance. Promotion means to produce, direct, or promote it.

                                  (2)     CONSUMPTION: (a) any person who knows the character and content (b) attends, transmits, or possesses a (c) sexual performance by a minor.

                                  (3)      CAVEAT: [SEXTING] EXEMPTION: (a) a depicted minor possesses or transmits the performance as (b) a still or motion picture (c) with the consent of all its depicted minors to (d) a recipient who is no more than 4 years older than them.