Certain listed professionals and entities must report suspected child abuse or neglect right away, then file a written report within 72 hours. Clergy have an exception for confidential privileged communications, and employers can face criminal penalties for retaliating against reporters.
(a)(1) An individual or entity identified in subdivision (2) shall submit an oral report to a law enforcement official or the Department of Human Resources immediately upon knowing or suspecting that a child is a victim of child abuse or neglect, receiving a report from a third party that a child is or is suspected of being a victim of child abuse or neglect, or obtaining any other information that would lead a reasonable person to believe or suspect that a child is a victim of child abuse or neglect. The individual or entity shall submit an additional written report to the official or department within 72 hours of the oral report. (2) All of the following are subject to the requirements of subdivision (1): a. A hospital. b. A clinic. c. A sanitarium. d. A doctor. e. A physician. f. A surgeon. g. A medical examiner. h. A coroner. i. A dentist. j. An osteopath. k. An optometrist. l. A chiropractor. m. A podiatrist. n. A physical therapist. o. A nurse. p. A public or private K-12 school employee. q. A school teacher. r. A school official. s. A peace officer. t. A law enforcement official. u. A pharmacist. v. A social worker. w. A day care worker or employee. x. A mental health professional. y. An employee of a public or private institution of postsecondary or higher education. z. A member of the clergy as defined in Rule 505 of the Alabama Rules of Evidence. aa. Any other person called upon to render aid or medical assistance to any child. (b)(1) Immediately upon the receipt of a report made pursuant to subsection (a), the law enforcement official shall inform the Department of Human Resources of the report so that the department can carry out its responsibility to provide protective services when deemed appropriate to the respective child or children. (2) As soon as is practicable after the receipt of a report made pursuant to subsection (a), the Department of Human Resources shall make efforts to determine the military status of the parent or guardian of the child who is the subject of the child abuse or neglect allegation. (3) If the Department of Human Resources determines that a parent or guardian under subdivision (2) is in the military, the department shall notify a United States Department of Defense family advocacy program at the parent’s or guardian’s military installation that there is an allegation of child abuse or neglect that is being investigated which involves a child of the military parent or guardian. (c) When the Department of Human Resources receives initial reports of suspected abuse or neglect, including suspected abuse or neglect involving discipline or corporal punishment committed in a public or private school or suspected abuse or neglect in a state-operated child residential facility, the Department of Human Resources shall transmit a copy of school reports or residential facility reports to the law enforcement agency and the operating state agency which shall conduct the investigation. When the investigation is completed, a written report of the completed investigation containing the information required by the State Department of Human Resources shall be submitted by the law enforcement agency or the state agency to the county department of human resources for entry into the state’s central registry. (d) Nothing in this chapter shall preclude interagency agreements between departments of human resources, law enforcement, or any other state agencies on procedures for investigating reports of suspected child abuse and neglect to provide for departments of human resources to assist law enforcement or other state agencies in these investigations. (e) Subsection (a) to the contrary notwithstanding, 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, and the communication shall continue to be privileged as provided by law. (f)(1) Commencing on August 1, 2013, a public or private employer who discharges, suspends, disciplines, or penalizes an employee solely for reporting suspected child abuse or neglect pursuant to this section shall be guilty of a Class C misdemeanor. (2) A violation of subdivision (1) following a previous conviction for a violation of subdivision (1) shall be a Class C felony. (g)(1) A misdemeanor prosecution for a violation of this section must be commenced within 12 months after the violation was first reported to a law enforcement agency. (2) A felony prosecution for a violation of this section must be commenced within five years after the violation was first reported to a law enforcement agency.