Who under Alabama Law Must Report Child Abuse or Face Possible Jail Time?

By Kent Faulk
AL.com
July 7, 2014

http://www.al.com/news/birmingham/index.ssf/2014/07/who_under_alabama_law_must_rep.html

People who fit in nearly two dozen job categories, including the clergy, are required under Alabama law to report suspected child abuse or face jail time and a penalty.

The issue of who and when suspected child abuse is to be reported came up last week when a man stepped forward to say that the former pastor at Lakeside Baptist Church in the late 1990s had covered up allegations of sexual abuse by the church's youth minister Mack Allen Davis.

The pastor, the Rev. Mike McLemore, who is now executive director of the Birmingham Baptist Association, has denied the accusation, although he acknowledged dealing with the situation privately and confidentially with the family, which included forcing a youth pastor to retire early. McLemore said he advised the family what they had the right to do.

Alabama law (code section is 26-14-3) requires people who hold certain jobs, including the clergy, to report suspected child abuse.

Bessemer Cutoff Assistant Jefferson County District Attorney Leslie Schiffman, who handles many of the child abuse cases in that division, provided a synopsis of the law she uses for training. The clergy wasn't added to the law until an amendment in 2003, she said.

Clergy, however, are not required to report if the abuse is revealed by a person seeking spiritual advice and when that communication was made with the understanding that it shouldn't be revealed to someone else, according to an Alabama Network of Children's Advocacy Centers, Inc. fact sheet from 2013.

Here's the wording of the law as it regards clergy:

"Members of the clergy (as defined in Rule 505 of the Alabama Rules of Evidence) shall be required to report or cause a report to be made immediately when a child is known or suspected to be a victim of child abuse or neglect--either by telephone or direct communication, followed by a written report--to a duly constituted authority.

A member of the clergy shall not be required to report information gained solely in a confidential communication, privileged pursuant to Rule 505 of the Alabama Rules of Evidence, as such communications shall continue to be privileged as provided by law."

According to Schiffman's synopsis:

Who needs to report?

Hospitals, clinics, sanitariums, doctors, physicians, surgeons, medical examiners, coroners, dentists, osteopaths, optometrists, chiropractors, podiatrists, nurses, school teachers and officials, peace officers, law enforcement officials, pharmacists, social workers, day care workers or employees, mental health professionals, members of the clergy, or any other person called upon to render aid or medical assistance to any child.

When?

When the child is known or suspected to be a victim of child abuse or neglect.

Immediately by phone and follow up in writing.

What is abuse?

Harm or threatened harm to child's health or welfare.

Non­-accidental physical or mental injury, sexual abuse or exploitation, rape, molestation, prostitution, child pornography, incest.

Who do I tell?

Department of Human Resources

Local law enforcement agency

(Document any information you have about the allegation.)

Why should I report?

Safety and well being of the child.

Immune from civil or criminal liability if I do report.

Penalty for knowingly failing to make this report guilty of a misdemeanor and not more than 6 months imprisonment or fine of not more than $500.

The law has a 1-year statute of limitations.

kfaulk@al.com