Duty to Report Abuse of Minors
A.R.S.§ 13-3620 provides that any “person” who reasonably believes that a minor is or has been the victim of physical injury, abuse, child abuse, a reportable offense or neglect that appears to have been inflicted on the minor by:
- other than accidental means, or
- that is not explained by the available medical history as being accidental in nature, or
- who reasonably believes there has been a denial or deprivation of necessary medical treatment or surgical care or nourishment with the intent to cause or allow the death of an infant,
shall immediately report or cause reports to be made of this information to a peace office or to child protective services, except if the report concerns a person who does not have care, custody or control of the minor, the report shall be made to a peace office only.
The term “person” means:
- …
- Any … member of the clergy, priest or Christian science practitioner
- …
- School personnel or…
- Any other person who has responsibility for the care or treatment of the minor
Exceptions
A clergyman or priest that receives a confidential communication or confession in that person’s role as a clergyman or priest may withhold reporting of the communication or confession if the clergyman or priest determines that it is reasonable and necessary within the concepts of the religion. A report is not required for conduct prohibited under the sexual abuse and sexual contact with a minor statutes if the conduct involves only minors who are fourteen, fifteen, sixteen or seventeen years of age and there is nothing to indicate that the conduct is other than consensual.
Penalties
A person who violates this section is guilty of a class 1 misdemeanor, except if the failure to report involves a reportable offense, the person is guilty of a class 6 felony.