Penalties for Failure to Report and False Reporting of Child Abuse and Neglect
Approximately 47 States, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, and the Virgin Islands impose penalties on
mandatory reporters who knowingly or willfully fail to make a report when they suspect that a child is being abused or neglected.2 Failure to report is classified as a misdemeanor in 39 States and American Samoa, Guam, and the Virgin Islands.3 In Arizona, Florida, and Minnesota, misdemeanors are upgraded to felonies for failure to report more serious situations, while in Illinois and Guam, second or subsequent violations are classified as felonies.
Twenty States and the District of Columbia, Guam, the Northern Mariana Islands, and the Virgin Islands specify in the reporting laws the penalties for failure to report.4 Upon conviction, a
mandated reporter who fails to report can face jail terms ranging from 10 days to 5 years or fines ranging from $100 to $5,000. In seven States and American Samoa, in addition to any criminal penalties, the reporter may be civilly liable for any damages caused by the failure to report.5