(U.S.) OTHER FEDERAL LANDS

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This section concerns federal lands and federally operated or contracted facilities EXCEPT tribal lands, military sites, and incarceration sites. It may overlap with maritime land.

·        Lands and facilities include national parks and wilderness areas, federal offices, national labs, astronautical sites, Veterans’ Administration facilities, refugee resettlement sites, and other federally-occupied lands and facilities. A list of lands can be viewed at https://views.cira.colostate.edu/fed/Lists/FederalLands.aspx 

COMMENTS FOR JURISDICTION under 18 U.S.C. § 13:

·        For any federal site within state or territory boundaries, the rules and penalties of that state or territory are adopted to the extent they punish acts or omissions that Congress did not. 

WHO:        See rules for the applicable state or territory.

Permissive reporting is not addressed or forbidden by the federal statutes reviewed; note that the FBI encourages it. [https://ucr.fbi.gov/stats-services/victim_assistance/brochures-handouts/when-you-suspect-child-abuse-or-neglect]  (1) Presumably it includes covered professionals for observations made in their free time and/or outside of federal lands and facilities for a child who resides on federal land or in a federally operated or contracted facility. (2) Presumably permissive reporters include others who learn of facts that give reason to suspect that a child suffered child abuse or neglect on federal land or at a federally operated or contracted facility.

Victims of child abuse are NOT required to self-report the abuse.  [34 U.S.C. § -20341(i)]

These are “covered professionals” (MUST report): (1) Physicians, dentists, medical residents or interns, hospital personnel and administrators, nurses, health care practitioners, chiropractors, osteopaths, pharmacists, optometrists, podiatrists, emergency medical technicians, ambulance drivers, undertakers, coroners, medical examiners, alcohol or drug treatment personnel, & persons performing a healing role or practicing the healing arts. (2) Psychologists, psychiatrists, & mental health professionals. (3) Social workers, licensed or unlicensed marriage, family, & individual counselors. (4) Teachers, teacher's aides or assistants, school counselors & guidance personnel, school officials, & school administrators. (5) Child care workers & administrators. (6) Law enforcement personnel, probation officers, criminal prosecutors, & juvenile rehabilitation or detention facility employees. (7) Foster parents. (8) Commercial film & photo processors. These include military members who have those roles for the military and its dependents.  [34 U.S.C. § 20341(b)]

These are “covered individuals” (MUST report): an adult authorized, by a national governing body, by a member of one, or by an amateur sports organization that participates in interstate or international amateur athletic competition, to interact with a minor or amateur athlete at an amateur sports organization facility or any event sanctioned by a national governing body, by a member of one, or by such an amateur sports organization. These include U.S. Olympic and U.S. Paralympic organizations as well.  These also include military members who have any of these roles for the military and its dependents.  [34 U.S.C. §§ 20341(b),(c)(9)]

·        For a list of amateur sports with national governing bodies, see: https://en.wikipedia.org/wiki/Category:Sports_governing_bodies_in_the_United_States ; also see https://uscenterforsafesport.org/wp-content/uploads/2019/09/NGBlist.92619.pdf

·       NOTE FOR COVERED PROFESSIONALS: The mandate is limited to observations made during work time on site (practicing their professions or professional activities).

·       NOTE: FOR COVERED INDIVIDUALS: The mandate is not limited to observations made in particular circumstances or places.

·       STANDARD:  This rule does not define “child”, but in another federal statute on child abuse (42 U.S.C. § 5101 Note) it means under age 18.  Also see standards for the relevant state or territory under 18 U.S.C. § 13.

o    For covered professionals (as to federal sites): (a) while engaged in his/her professional capacity or activity (b) on Federal land or in a federally operated or contracted facility, (c) learns of facts that give reason to suspect that (d) a child suffered an incident of child abuse (or neglect).  [34 U.S.C. § 23041(a)(1)] 

o    For covered individuals: (a) learns of facts that give reason to suspect that (b) a child suffered an incident of child abuse (or neglect). [34 U.S.C. § 20341(a)(2)]

                                             (i)     As the statute is written, the abuse may be but isn’t limited to sexual abuse.

                                            (ii)     As the statute is written, amateur athletic organization adults are mandatory reporters BUT their mandates are NOT limited to amateur athletes. Their reporting may be mandatory for suspected abuse of ANY minor.

o    For other reporters (by analogy to covered reporters): learns of facts that give reason to suspect that a child suffered an incident of child abuse (or neglect).

·       PRIVILEGE:  Privilege is not addressed in the statutes reviewed. But, 34 U.S.C. § 20341 grants no reporting exception for medical, mental health, or counseling workers.

WHEN:      For covered professionals and covered individuals:  AS SOON AS POSSIBLE (meaning, within 24 hours).  [34 U.S.C. §§ 20341(a)(2), (c)(12)]  Also see rules for the relevant state or territory under 18 U.S.C. § 13.

WHERE & HOW:  A standard written reporting form with instructions is disseminated among mandated reporter groups; use is encouraged (versus mandated by statute), but must not take the place of immediate oral reports by phone or otherwise, if circumstances dictate.  [34 U.S.C. § 20341(f)]  Also see rules for the relevant state or territory under 18 U.S.C. § 13.

(A)     In the event of an emergency:               Dial 911 first is the usual rule in locales.

(B)     Notify: Local law enforcement OR child protective services (CPS) agency authorized to investigate abuse or protect victims at the land or facility.  [28 C.F.R. § 81.2]

(1)    Contact Information: Local law enforcement or CPS agencies typically belong to the state, tribe, U.S. territory (e.g., Guam, etc.) or community in which that federal land or facility is located. See the relevant section of this Digest for contact information for the nearest law enforcement agency or CPS agency.

(2)    Urgency: sexual abuse, serious physical injury, or life-threatening neglect of a child need urgent law enforcement. If they are not reported to a (suitable) law enforcement agency, a receiving CPS agency must do it immediately, to one with authority for the child’s emergency protection.  [28 C.F.R. § 81.4]

(3)    Child’s Residence: These rules concern lands and facilities where children receive care or reside.  [28 CFR § 81.5]  For abuse/neglect of children who neither reside nor are cared for there, consider reporting as shown in this Digest’s “Special Cases” section. But paragraph (D) below shows another option.

(C)     The default agency:  The Federal Bureau of Investigation (FBI) receives reports if no agency is appointed for that land or installation.  [28 C.F.R. §§ 81.2, 81.3; referring to 42 U.S.C. § 13031, reclassified as 34 U.S.C. § 20341]

·        Child abuse reports to the FBI are to the CyberTipline, run by the National Center for Missing & Exploited Children: 800-843-5678 (1-800-THE-LOST). \

(D)     For incidents outside the site: If reported for the site, the report taker forwards it immediately to the authority where it happened.  [28 C.F.R. § 81.2]

OTHER ASPECTS

·       REPORT DETAILS: These are not specified. Suggested details include, if feasible: (a) child’s name, age, gender, and residential address; (b) parents’ or guardians’ name(s), residential address(es), and contact info; (c) reasons for suspecting abuse or neglect; (d) description and location of child’s physical injuries (if applicable), and any known history of them; (e) suspected perpetrator(s)’s name(s), residential address(es) and contact info; (f) relevant info freely disclosed by the child; (g) location of incident or observation; (h) child’s current location; (i) other known info on the incident or chronology of events; (i) documents (if any) for abuse (photos, medical, videos, etc.). 

·       REPORTER PROTECTION;  (1) The statutes reviewed do not require a reporter to identify him/herself. (2) The statutes reviewed do not address disclosure of the reporter’s identity to others. (3) All reporters in good faith are immune from civil or criminal liability, and good faith is presumed; legal fees may be awarded as to a lawsuit over the report; there is no immunity for reports in bad faith.  [34 U.S.C. § 20341(g)]

WHY:        A covered professional or covered individual who fails to report immediately commits a class A misdemeanor and will be fined < $100,000 and/or imprisoned for < 1 year.  [18 U.S.C. § 2258]  Also see rules for the relevant state or territory.  [18 U.S.C. § 13]

WHAT:      Federal law defines child abuse as physical or mental injury, sexual abuse or exploitation, or negligent treatment of a child.  [34 U.S.C. § 20341(c)(1)]

·        Exception:  DISCIPLINE is NOT abuse when administered by a parent or legal guardian to his or her child, provided it is (a) reasonable in manner and (b) moderate in degree and (c) otherwise does not constitute cruelty.  [34 U.S.C. § 20341(c)(8)]

Initial Screening Criteria: CONTEXT: Federal lands and federally operated or contracted facilities where children receive care or reside, and for all covered individuals, the Attorney General designates an agency (which may be non-Federal) to receive and investigate reports. SPECIAL CASES: Reports (a) received by social services or health care agencies, (b) alleging sexual abuse, serious physical injury, or life-threatening neglect of a child, are referred immediately to a law enforcement agency with authority to take emergency action to protect the child. ALL reports received are promptly, and jointly when appropriate, investigated by social services and law enforcement.  [34 U.S.C. § 20341(d)]

Reportable: (1) anyone for physical or mental injury, sexual abuse / exploitation; or (2) a caregiver for negligent treatment.  [34 U.S.C. § 20341(c)(1)]  But see pages for the relevant state or territory in case they cover situations that the federal rules do not. 

·        The caregivers or persons responsible for the child are only implicit in the statute.

Perspective: The definition of abuse and neglect here has a context in federal “CAPTA” guidelines for states and territories: (1) “at a minimum, any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse or exploitation”; or (2) “an act or failure to act which presents an imminent risk of serious harm.” (Emphasis added; and sexual offenses include child porn, (statutory) rape, molestation, prostitution, other exploitation, incest, and sex trafficking.) Under CAPTA, reportable persons would be anyone for sex-related abuse and at a minimum any parent or caretaker for any other form of abuse or neglect. [Federal Child Abuse Prevention & Treatment Act (CAPTA) (42 U.S.C.A. § 5106g), amended by the CAPTA Reauthorization Act of 2010, (at Sec. 103, which is 42 U.S.C.A. § 5101 Note, sometimes cited as 42 U.S.C.A. § 5106g)]

The definitions below are for federal facilities. If something is not covered below but is by the relevant state or territory under 18 U.S.C. § 13, both rule sets apply. If it is not a federal facility or special maritime jurisdiction, only the state or territory rule applies.

Physical Injury may include (a) lacerations, (b) bone fractures, (c) burns, (d) internal injuries, (e) severe bruising, or (f) serious bodily harm.  [34 U.S.C. § 20341(c)(2)] 

Mental Injury harms psychological or intellectual functioning.  [34 U.S.C. § 20341(c)(3)] 

(A)     It may be exhibited by: (1) severe anxiety; (2) depression; (3) withdrawal; (4) outward aggressive behavior; or (5) a combination of those behaviors.

(B)     Mental injury may be demonstrated by: a change in: (1) behavior; (2) emotional response; or (3) cognition.

Sexual Abuse includes employing, using, persuading, inducing, enticing, or coercing a child to engage in, or assist another person to engage in, (a) sexually explicit conduct or the (b) rape, (c) molestation, (d) prostitution, or (e) another form of sexual exploitation of children, or (f) incest with children.  [34 U.S.C. § 20341(c)(4)]

(A)     Sexually explicit conduct means actual or simulated –  [34 U.S.C. § 20341(c)(5)]

(1)     Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal sexual contact, whether between persons of the same or of opposite sex;

(a)      Sexual contact is intentional touching, directly or on clothes, anyone’s genitalia, anus, groin, breast, inner thigh, or buttocks, with intent to abuse, humiliate, harass, degrade, or arouse or gratify anyone’s sexual desire;

(2)     Or any of: (a) bestiality; (b) masturbation; (c) lascivious exhibition of the genitals or pubic area of a person or animal; or (d) sadistic or masochistic abuse.

(B)     Sexual exploitation means child porn or prostitution.  [34 U.S.C. § 20341(c)(6)]

(C)     Incest is cited by federal law, but it does not define the kin included.  [cf. 18 U.S.C. § 3509(a)(8)]  Check the section of this Digest for the relevant state or territory.

(D)     Context: the age of consent depends on the state or territory. Check the section of this Digest for the relevant state or territory.

Negligent Treatment is (a) failure to provide (if affordable) (b) adequate food, clothing, shelter, or medical care, (c) seriously endangering physical health. [34 U.S.C. § 20341(c)(7)]

(A)     NOTE: This definition of child neglect is unusual in omitting all of: lack of adequate supervision; negligent exposure to dangerous substances; and abandonment. But each is implicated if it results in serious bodily harm (see Physical Injury above).