NORTHERN MARIANA ISLANDS (CNMI)

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WHO:        ANY person MAY at any time report known or suspected instances of child abuse.  [Code tit. 6, § 5313(e)]

These are mandatory (MUST report): • Any health-care worker, including anesthesiologists, acupuncturists, chiropractors, dentists, health aides, hypnotists, massage therapists, mental health counselors, midwives, nurses, nurse practitioners, osteopaths, naturopaths, physical therapists and their assistants, physicians, physician’s assistants, psychiatrists, psychologists, psychological associates, radiologists, religious healing practitioners, surgeons, x-ray technicians, or substantially similar positions • School teachers or other school officials • Operators and employees of daycare centers, nurseries, or alternative schools; nannies, au pair workers, or any other person who is entrusted with the temporary care of a minor child in return for compensation, but that does NOT include babysitters who are themselves minor children • Counselors or social workers • Peace officers or other law enforcement officials.  [Code tit. 6, § 5313(a),(g)]

·       NOTE: The mandate applies only to observations in a professional capacity.

·       STANDARD:  [Code tit. 6, §§ 5312(a); 5313(a),(e)]  Child means under age 18.

(1)      For a mandated reporter: s/he comes into contact in a professional capacity with a child whom the person knows or has reasonable cause to suspect is, or will become, a victim of child abuse.

(2)      For other reporters: known or suspected instances of child abuse.

·       PRIVILEGE:  Only attorney-client privilege applies, but NOT husband-wife or any other privilege with clients or patients.  [Code tit. 6, § 5317]

WHEN:      For mandated reporters: PROMPT (within 24 HOURS of knowledge or reasonable cause to suspect).  For reporting by others: ANY time.  [Code tit. 6, §§ 5313(a)(1),(e)]

WHERE & HOW:  Report to the Department of Public Safety (DPS) for both mandatory and voluntary reports. BUT a report about an act or omission by DPS or its personnel or agents may alternatively be made to the Office of the Attorney General with the same requirements.  [Code tit. 6, §§ 5313(a),(e),(f)]

In an emergency or imminent danger:                      dial 911; report afterward

DPS contact information is at:                                    http://dps.gov.mp/contactus

Street:       Jose M. Sablan Building, Tekken St., Susupe, Saipan

Mailing:     Jose M. Sablan Building, Caller Box 10007, Susupe, Saipan MP 96950

Daytime phone:                                               (670) 664-9000

24/7 phones:                                                   (670) 664-9001 or -9002

Office of the Attorney General:                                https://www.cnmioag.org/contact-us/

Same street address and mailing address as for DPS

Open M-F, 07:30 – 16:30; closed weekends and holidays                           

Criminal Division:        (670) 237-7600 (phone)         (670) 234-7016 (fax)

Suspicious Death: a mandated reporter who has reasonable cause to suspect that a child has died as a result of abuse or neglect MUST report that fact to the medical examiner (in addition to making the regular report to DPS).  [Code tit. 6, § 5313(d)]

·       The M.E.’s contact info is not online; ask DPS, DYS (Dept. of Community & Cultural Affairs’ Division of Youth Services), or the CNMI medical professional licensing board at (670) 664-4811, Florence Sablan, Exec. Dir., in Saipan.

DYS contact data is at:                      https://ldahawaii.org/cnmi/

        Street Address:                                  1st Floor, Chalan Piao Plaza, Beach Road Chalan Piao, Saipan

        Mailing Address:                                P.O. Box 501000, Saipan, MP (CNMI) 96950

Main Office:                                        (670) 237-1000 / 1001                      

Child Protective Services:              (670) 237-1005 / 1006 – 1013 / 1034

OTHER ASPECTS

·       REPORT DETAILS: The report MUST contain a statement of the (a) time, (b) date, (c) circumstances, and (d) information that gave rise to the reporter's belief that abuse or neglect occurred or will occur.  [Code tit. 6, § 5313(a)(2)]

·       REPORTER PROTECTION: (1) The statute does NOT specifically require that a reporter provide his/her name in the report. (2) data is not released that would identify the reporter or someone who cooperated in the subsequent investigation. [Code tit. 6, § 5325(b); 5313(a)(3)]  (3) Any reporter in good faith is immune from civil and criminal liability.  [Code tit. 6, § 5314]

WHY:        ANYONE’s knowing or willful failure to make a report is punishable by < 1 year imprisonment and/or < $1,000 fine. Knowing or willful interference with someone else’s good faith effort to report is punishable the same way. [Code tit. 6, §§ 5315; 5316]  

WHAT:      In the Northern Mariana Islands, child abuse means physical (including mental) abuse; neglect; and sexual abuse.  [Code tit. 6, §§ 5312(a),(b)]  

Initial Screening Criteria: Immediate investigation of whether it is necessary to make a child in custody a ward of the court [for safety].  [Code tit. 6, §§ 5322)]  

Reportability: (a) a person with custody or authority, as to physical abuse or injury, mental impairment, neglect, or sexual abuse; (b) a parent, legal guardian, or (other) person having custody or control as to permitting sexual exploitation; or (c) anyone else as to inducing or employing for sexual exploitation.

·        Position of authority means an employer, youth leader, scout leader, coach, teacher, counselor, school administrator, religious leader, doctor, nurse, psychologist, guardian ad litem, babysitter, or a substantially similar position, and a police officer or probation officer other than when the officer is exercising custodial control over a minor.   [Code tit. 6, § 5312(d)]

·        In the person’s custody means in custody of the child's parent (e.g., natural, step-, and adopted), legal guardian, foster parent, employee of a public or private residential home or facility, or anyone over the age of 18 responsible for him/her in a residential setting.  [Code tit. 6, § 5312(e)]

Physical Abuse means: (a) a person with custody or authority over a child under the age of 18 (b) willfully, intentionally strikes, beats, or by another act or omission inflicts physical pain, injury, or mental distress on him/her, though (c) the pain or injury is clearly beyond the scope of reasonable corporal punishment, resulting in (d) harm or a threat to the child's physical or mental health & well-being.  [Code tit. 6, § 5312(a)(1)] 

(A)     Mental distress is (a) an effect on a child’s intellectual or psychological capacity seen by (b) observable, substantial impairment of his/her ability to function within norms of performance and behavior, with due regard to his/her culture.  [Code tit. 6, § 5312(g)]

(B)     Reasonable, traditional parental discipline is NOT abuse. Prevailing community & cultural standards are the measure.  [Code tit. 6, § 5312(b)]   

Neglect means that: (a) a person having custody or authority over a child under age 18, (b) willfully or negligently, by act or omission, (c) fails to provide adequate supervision, medical care, food, clothing, or shelter, resulting in (d) harm or a threat to the child's physical or mental health and well-being.  [Code tit. 6, § 5312(a)(2)] 

Sexual Abuse: 

(A)     Context: the age of consent is 16. And a child age 13, 14, or 15 may have sex without penalty with someone less than 3 years older or less than 3 years younger than the child. Mistake-of-age is a defense except as to a victim being under age 13.  A child under age 18 must not have sex with an adult age > 18 who is: (i) his parent, stepparent, adopted parent, or legal guardian; or (ii) otherwise in authority over him/her in the same household; or (iii) otherwise in a position of authority over him/her and at least 3 years older. Also, anyone age 16 or more must not aid, induce, cause, or encourage a child under age 16 to engage in actual or simulated conduct in part (C) at (b)-(g) below. For all of these rules there is an exception for consenting legal spouses.  [Code tit. 6, §§ 1306-1309; 1310; 1311(a); 1314(a)(2)-(6)]

(1)     CONTEXT: INCEST is where an adult (age 18 or older) engages in sexual penetration with a partner who is – legitimately or not – his/her: (a) ancestor or descendant of whole or half blood; (b) brother or sister of whole or half blood; or (c) uncle, aunt, nephew, or niece by blood.  [Code tit. 6, § 1311(a)]

(B)     Sexual abuse: (a) a person with custody or authority over a child under age 18, (b) commits any act below against him/her.  [Code tit. 6, §§ 1306-1311; 1314; 5312(a)(3)]

(1)     At any age, the person has sexual contact or penetration with a child under age 13;

(2)     At age 16 or older: the person has (a) sexual contact or penetration with a child age 13, 14, or 15 who is at least 3 years younger, or aids, induces, causes, or encourages him/her to engage in sexual penetration with another person; (b) sexual contact or penetration with a child under age 13, or aids, induces, causes, or encourages him/her to do those with anyone else; or (c) aids, induces, causes, or encourages a child under age 16 to engage in lewd touching, masturbation, bestiality, lewd exhibition, or sexual masochism or sadism;

(3)     As an adult age 18 or older: the person has (a) sexual contact or penetration with a child under age 16 who lives under that adult’s authority in the same household, or over whom the adult has a different position of authority; (b) sexual contact or penetration with a child age 16 or 17 over whom the adult is in a position of authority and is at least 3 years older; (c) incest with a child (see definition above); or (d) as the natural parent, stepparent, adopted parent, or legal guardian of a child under age 18, has sexual contact or penetration with him/her. 

(C)    Sexual Exploitation refers to ANYONE who, with intent to produce a [PORN] live performance, film, audio, video, electronic, or electromagnetic recording, photograph, negative, slide, book, newspaper, magazine, or other material that visually or aurally depicts the conduct listed below, knowingly induces or employs a child to engage in, or photographing (etc.) him/her engaging in, actual or simulated conduct of any of: (a) sexual penetration; (b) lewd touching of any other person's genitals, anus, or breast; (c) lewd touching by any other person of the child's genitals, anus, or breast; (d) masturbation; (e) bestiality; (f) lewd exhibition of the child's genitals; or (g) sexual masochism or sadism. A parent, legal guardian, or (other) person having custody or control of a child under age 18 commits the same crime if s/he knowingly permits it.  [Code tit. 6, §§ 1314(a),(b)]