(U.S.) VIRGIN ISLANDS

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WHO:        ANY person MAY report if s/he has reasonable cause to suspect that a child has been abused or neglected.  [Code tit. 5, § 2533(c)]

These are mandatory (MUST report): • Physicians; hospital personnel engaged in admission, examination, care or treatment; nurses; dentists; or any other medical or mental health professionals • School teachers or other school personnel • Social service workers • Daycare workers, or other child care or foster care workers • Any peace officers or law enforcement officials.  [Code tit. 5, § 2533(a)]

·       NOTE: The mandate is not limited to observations made at work.

·       STANDARD:  [Code tit. 5, §§ 2502(7); 2533(a),(c)]  Child means under age 18.

(1)      For mandated reporters: (a) reasonable cause to suspect that a child has been subjected to abuse, sexual abuse, or neglect; or (b) observes the child being subjected to conditions or circumstances that would reasonably result in abuse or neglect.

(2)      For any reporter: (a) reasonable cause to suspect that a child has been abused or neglected; or (b) observes the child has been abused or neglected; or (c) observes the child being subjected to conditions or circumstances that would reasonably result in abuse or neglect.

·       PRIVILEGE:  Attorney-client privilege is the only exemption from reporting child abuse, sexual abuse, and neglect, or from giving or taking evidence in resulting judicial proceedings. Husband-wife and other professional-patient/client privileged communications are NOT exempt.  [Code tit. 5, § 2538]

WHEN:      For any report: IMMEDIATELY by phone or otherwise; follow up with a written report within 48 HOURS if DHS requests it after a phone report.  [Code tit. 5, § 2534(a)] 

WHERE & HOW:  By phone or otherwise to the U.S. Virgin Islands Police Department (VIPD) (which relays reports to DHS) or Department of Human Services (DHS). If DHS requests after an oral report, a written report MUST follow within 48 hours.  [Code tit. 5, §§ 2534(a); 2536(a)] 

Institutions: (1) A mandatory reporter on staff at a medical or other public or private institution, school, facility, or agency MUST immediately notify the person in charge or his/her designated agent, who is then responsible to make the report or have it made. (2) No more than one report is required per incident per institution etc., but individuals MAY also report on their own behalf.  [Code tit. 5, § 2533(b)]

Day Care: Any operator, director, owner or employee reporting for a day care center must contact the DHS Office of Intake & Emergency Referral; contact info is below. But an employee should notify the operator, who is then responsible for reporting, as above. 

OTHER ASPECTS

·       CLARIFICATION: DHS takes reports (the statute calls it the Department of Social Welfare). Within DHS is the Division of Children, Youth and Families (CYF). Within CYF, the Office of Intervention Services handles child abuse and neglect cases.

·       REPORT DETAILS: To the extent possible, reports MUST include: (a) names and addresses of the child and parents or others responsible for his/her care; (b) the child's age and sex; (c) nature and extent of injuries, sexual abuse, or neglect to the child or any other child in the same home; (d) name and address of the person responsible for the injuries, sexual abuse, or neglect; (e) the family composition; (f) the report’s source, including the reporter’s name, occupation, and address; (g) the reporter’s actions, such as x-rays or taking color photos or filing for temporary custody; and (h) any other info the reporter believes may help.  [Code tit. 5, § 2534(b)] 

·       REPORTER PROTECTION: (1) Reports MUST contain the name, address and occupation of the reporter.  [Code tit. 5, § 2534(b)]  (2) The statutes reviewed do not address disclosure of reporter identity; the records are confidential; officials and the report’s subject have access.  [Code tit. 5, § 2540]  (3) Any person, official or institution reporting in good faith is immune from civil and criminal liability.  [Code tit. 5, § 2537]

WHY:        (1) Knowing failure to make a mandated report is a misdemeanor punishable by < $500 fine &/or < 1 year imprisonment.  [Code tit. 5, § 2539]  (2) A knowingly false or baseless report by word or action to DHS is a second degree misdemeanor punishable by $5,000 fine and > 5 years imprisonment; on subsequent offenses it is a first degree misdemeanor ($10,000 fine and > 10 years); forfeit driving privileges for 3 years; government may seek < $10,000 restitution.  [Code tit. 14, §§ 2146(c); 2144(a),(c); 2145(b)(c); 2147(a)(1)]

WHAT:      In the Virgin Islands child abuse includes nonaccidental physical injury, nonaccidental mental injury, sexual abuse, and sexual exploitation. Child neglect includes failure to provide and abandonment.  [Code tit. 5, § 2502]   

Initial Screening Criteria: (a) whether a report requires court action; (b) whether disposition without court action is appropriate; and (c) whether it is appropriate to refer a child to another public or private agency.  [Code tit. 5, § 2502(18)]   

Reportable: a person responsible for a child’s care or maintenance for nonaccidental physical injury, nonaccidental mental injury, sexual abuse, sexual exploitation, failure to provide, or abandonment.  [Code tit. 5, § 2502]

·        Note: Child abusers who are not included in this list might be committing a crime that is reportable to police. It is simply not reportable to DHS by the protocol here.

·        Person responsible for a child's care includes: (a) the child's (a) parent; (b) guardian; (c) custodian; or (d) other person or agency responsible for his/her welfare or care, whether in the child’s home, shelter care, detention home, relative's home, foster home, or a residential institution.  [Code tit. 5, § 2502(22)]

o   PARENT means a father or mother and any adoptive parent, but not anyone whose parental rights to the child are terminated by law.  [Code tit. 5, § 2502(21)]

o   CUSTODIAN means a person or agency other than a parent, or guardian (meaning, legal guardian or person acting in loco parentis) [Code tit. 5, § 2502(10)]

Child Abuse means any (a) nonaccidental physical or mental injury inflicted on a child, (b) by those responsible for his/her care and maintenance, (c) which causes or creates a substantial risk of death, serious or protracted disfigurement, protracted impairment of physical or emotional health, or loss or protracted impairment of the function of any bodily organ. Child abuse includes sexual abuse as defined by law or sexual exploitation.  [Code tit. 5, § 2502(2)]

(A)     Sexual abuse and sexual exploitation INCLUDE: (a) prostituting a child; or (b) photographing or other depiction for pornographic purposes, or (c) persistent sexual conduct that harms or threatens a child's health or welfare.  [Code tit. 5, § 2502(2)]

(B)     Sexual abuse is sexual conduct or sexual contact with a child.  [Code tit. 14, § 503(a)]

                                 (1)     SEXUALCONDUCT means actual or simulated: (a) intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether of the same or opposite sex; or (b) penetration of vagina or rectum however slight by hand, finger or object except medically; and (c) bestiality.  [Code tit. 14, § 503(i)]

                                 (2)     SEXUAL CONTACT is touching another person with one’s genitals, or touching another’s genitals, anus, lips, groin, inner thighs, buttocks or breasts, through clothing or not, to arouse or gratify anyone’s sexual desire.  [Code tit. 14, § 503(j)]

                                 (3)     CONTEXT: THE AGE OF CONSENT is 18. (a) A child age 16 or 17 may consent to someone who is less than 5 years older. (b) There is an exception for consent by an underage legally married spouse. (c) If a child age 13, 14, or 15 consents to a person who is no more than 4 years older, the sex is a crime but does not require sex offender registration.  [Code tit. 14, § 1702(a),(c); 1721(b)(1)]

                                 (4)     CONTEXT: INCEST means an opposite-sex relationship with one’s own: (a) grandparent or grandparent’s spouse; (b) spouse’s parent or spouse’s grandparent; (c) parent or stepparent; (d) parent’s sibling; (e) child or child’s spouse; (f) spouse’s child or spouse’s grandchild; (g) sibling or sibling’s child; or (h) grandchild or grandchild’s spouse.  [Code tit. 14, § 961; tit. 16, § 1(a)(1),(2)]

Child Neglect means (a) those responsible for a child’s care and maintenance (b) fail to provide necessary support, maintenance, legally required education, and medical or mental health care, (c) resulting in harm or threat to the child’s health or welfare. It includes abandonment.  [Code tit. 5, § 2502(20)]

(A)     Abandonment is assumed where (a) a child’s parents, guardian, or custodian (b) desert him or her for 6 months or more with only minimal support or communication, where (c) circumstances show either an intent to evade the duty of rearing him/her OR reckless disregard for his/her needs.  [Code tit. 5, § 2502(1)]

Imminent Danger to Life or Health means any of: (a) substantial impairment of a child’s intellectual, psychological or emotional capacity due to inhumane acts or conduct; (b) substantial impairment of physical well-being seen by lack of adequate nutrition and medical care; (c) actual or attempted sexual abuse; (d) substantial physical pain; (e) serious bodily injury resulting in physical disfigurement; (f) substantially impaired function of a bodily member or organ; or (g) injury that may result in death.  [Code tit. 5, § 2502(17)]