IDAHO

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WHO:        ANY person MUST report if s/he has reason to believe that a child has been abused, abandoned, or neglected, or that conditions or circumstances will result in that.  [Code § 16-1605(1)]

The following persons (specifically) MUST report: • Physicians, residents on hospital staffs, interns, nurses, or coroners • School teachers or daycare personnel • Social workers or law enforcement personnel • Other persons • [Code § 16-1605(1)] 

·       NOTE: Under the standards below, observations made at any time are governed by the reporting mandate.

·       STANDARD: Child means under age 18.  [Code § 16-1605(1)]

o   Anyone: (1) reason to believe that a child was abused, abandoned, or neglected; OR (2) observes a child in conditions or circumstances that would reasonably result in abuse, abandonment, or neglect. 

·       PRIVILEGE: Clergy-penitent privilege is exempt from reporting requirements.  [Code § 16-1605(2),(3)]  Attorney-client privilege is grounds for excluding evidence at any proceeding on child abuse / neglect / abandonment.  But, husband-wife and (non-lawyer) professional-client privilege are NOT grounds for excluding evidence at any proceeding, including for physicians, counselors, hospitals, clinics, daycare centers, and schools.  [Code § 16-1606] 

WHEN:      Within 24 HOURS.  [Code § 16-1605(1)]

WHERE & HOW:  Reports are to (1) a law enforcement agency or (2) the Department of Health and Welfare (DHW) (the choice is at the reporter’s discretion).  [Code § 16-1605(1)]  Each region of DHW maintains a system to receive and respond 24/7 to reports or complaints.  [Admin. Code § 16.06.01.552]  But staff reports from institutions are different.

·       For an Emergency:          Dial 911, and report afterward.

·       Law enforcement receives reports on a local or agency-by-agency basis, and coordinates with DHW.  A third-party directory is at https://www.usacops.com/id/   

·       For DHW (24/7):               1-855-552-5437   (=1-855-552-KIDS, statewide)

208-334-5437   (=208-334-KIDS, for Treasure Valley)

·       For Report Questions:     1-800-926-2588   (Idaho Careline)

[https://isc.idaho.gov/cp/manual/Idaho_CP_Manual-3rd_Edition.pdf]

·       INSTITUTION: A mandatory reporter on staff as a physician, resident, intern, nurse, daycare worker, or social worker at a hospital or similar institution, instead of reporting to DHW or police, must notify the person in charge of the institution or his/her designated delegate, who must then make the report.  [Code § 16-1605(1)]

·       REPORT DETAILS:  The report must include conditions and circumstances that led to it.  [Code § 16-1605(1)]  DHS records as many facts as possible when receiving a report.  [Admin. Code § 16.06.01.552]  DHS especially seeks: (a) detailed info about alleged abuse, neglect, abandonment, and other concerns; (b) pertinent identifying info about the children, parents, other caregivers, other household members, alleged maltreaters, and other individuals who may have info about the child and family; (c) the reporter’s identifying info, how s/he became aware, and his/her reasons for reporting now; and (d) the reporter’s opinion on the proper response.  https://isc.idaho.gov/cp/manual/Idaho_CP_Manual-3rd_Edition.pdf]

·       REPORTER PROTECTION: (1) Reporters are not specifically required by statute to provide their names in the report. (2) The statutes reviewed do not address confidentiality of reporters named in reports. (3) Reporters have immunity from liability unless they act with bad faith or malice.  [Code § 16-1606]

WHY:        (1) Failure to make a required report is a misdemeanor.  [Ann. Code § 16-1605(4)]  (2) Making a false report knowingly or in bad faith or with malice creates liability to the wronged party/ies for actual damages or statutory damages of $2,500, whichever is greater, plus attorney’s fees and costs of suit. The court may treble the actual or statutory damages if malice or oppression is found.  [Code § 16-1607]  

WHAT:      Idaho defines child abuse as either of physical abuse or sexual abuse (including any mental injury) and also defines neglect and abandonment.  [Code § 16-1602]

Initial Screening Criteria: Safety assessment, unless the field office knows or has information discrediting the report beyond a reasonable doubt.  [Code § 16.06.01.553]  This entails: (1) identifying and locating the child(ren), parents, or caretaker; (2) determining if the report meets statutory definitions for child maltreatment; (3) gathering info on the child’s safety and the situation’s seriousness; (4) understanding the reporter’s relationship to the family and motivation for the referral; and (5) determining the priority of response.  [https://isc.idaho.gov/cp/manual/Idaho_CP_Manual-3rd_Edition.pdf]

Reportable: (a) anyone for inflicting physical or sexual abuse; (b) parents, guardian, or other custodian for neglect; or (c) a parent for abandonment.  [Code §§ 16-1602(1),(2),(31)]  NOTE: Abuse outside that scope is reportable to police as a crime.

(Physical) Abuse of a child means conduct or omissions that result in any of: (a) skin bruising; (b) bleeding; (c) malnutrition; (d) burns; (e) fracture of any bone; (f) subdural hematoma; (g) soft tissue swelling; (h) failure to thrive; or (i) death; and: (i) such condition or death is not justifiably explained; (ii) the history [account] given is inconsistent with it; or (iii) circumstances indicate that it may not be accidental.  [Code § 16-1602(1)(a)]

(A)     Additional signs are: human bites; marks; bruises; a pattern of repeated injuries. 

(B)     Shaking a baby or young child is considered abuse. It can result in: (a) death; (b) seizures, (c) permanent, severe brain damage; (d) bruising, swelling, and bleeding of the brain; (e) mental retardation; and (f) neck and spine injuries.     

(C)     Spanking is NOT considered abuse as long as it does not leave marks or bruises.     

Sexual Abuse means a child has been a victim of sexual conduct, such as: (a) rape; (b) molestation; (c) incest; (d) prostitution; (e) obscene or pornographic photographing, filming, or depiction for commercial purposes; (f) human trafficking; or (g) other similar forms of sexual exploitation that harm or threaten the child’s health or welfare or [inflict] mental injury.  [Code § 16-1602(1)(b)]

(A)     Incest is opposite-sex marriage, fornication, or adultery with one’s: (a) parent or child; (b) ancestor or descendant of any degree; (c) brother or sister (of half or whole blood); (d) uncle, niece, aunt, or nephew; or (e) first cousin. (a) – (d) are without regard to legitimacy; the issue is not addressed for (e).  [Code §§ 18-6602; 32-205; 32-206]

(B)     Context: the age of consent is 18. Persons age 16 or 17 may consent to sex with someone less than 3 years older based on the difference in dates of birth. Factors for lack of consent include: (a) temporary or permanent mental illness or mental disability; (b) force, violence, or threat; (c) inability to resist due to an intoxicant, narcotic, or anesthetic; (d) unconsciousness, sleep, or unawareness; and (e) a pretense to be the victim’s spouse or someone else.  [see, e.g., Code § 18-6101]

(C)    Human trafficking of a child means that a person under age 18 is: (i) induced to perform a commercial sexual act; or (ii) recruited, harbored, transported, provided, or obtained for labor or services of any kind, by force, fraud, or coercion, for involuntary servitude, peonage, debt bondage, or slavery.  [Code § 18-8602(1)(a)]

(D)    Mental injury means a substantial impairment in the intellectual or psychological ability of a child to function within a normal range of performance and/or behavior, for short or long terms.  [Code § 16-1602(30)]

Neglect means that a child:  [Code § 16-1602(31)]

(A)     Lacks: (a) proper parental care and control; (b) subsistence; (c) medical care; (d) or other care necessary for his or her well-being; due to CONDUCT / OMISSION / NEGLECT / REFUSAL by his/her parents, guardian, or other custodian;

(B)     Lacks parental care needed for his/her health, safety, or well-being because his/her parents, guardian, or other custodian are UNABLE to discharge responsibilities;

(1)     BUT treating a child’s condition by spiritual means in lieu of medical treatment is not neglect per se; however, a court may order emergency medical treatment if the child’s life is endangered.  [Code §§ 16-1602(31)(a); 16-1627(1),(4)]

(C)     Was unlawfully placed for care or adoption;

(D)     Lacks proper education due to a failure to comply with § 33-202 (requiring education from ages 7 to 16 in a public, charter, private, or home school).

Abandonment – means a parent’s failure to maintain a normal parental relationship with the child, such as by failing to provide reasonable support or regular personal contact.  Failure to maintain this relationship for a year without just cause creates a presumption of abandonment.  [Code § 16-1602(b)(2)]