WASHINGTON (DC)
ChurchLeaders [Colorado Springs CO]
April 14, 2025
By Matthew Branaugh
Every state has a mandatory child-abuse reporting law on the books.
But many pastors and church leaders are unaware of these statutes, let alone their need to comply with them.
Since April is National Child Abuse Prevention Month, now is a smart time for church leaders to familiarize themselves with these laws, how they work, and what to do if the unthinkable—a suspected case of child abuse—ever arises.
Abuse allegations consistently rank first among the reasons churches go to court each year, so the gravity of the situation alone merits the highest of priorities.
What Is a Mandatory Abuse-Reporting Law?
Mandatory abuse-reporting laws first emerged in the early 1960s, mainly in response to growing research regarding the immense harm suffered by children through ongoing physical, emotional, or sexual abuse, and neglect.
Researchers increasingly found that persons in positions of trust often had opportunities to intervene on a child’s behalf, but didn’t, leading state lawmakers to begin passing legislation compelling them to do so.
The ultimate goal: Increase action and reduce abuse.
In the decades since these laws first surfaced, every state has adopted one, and most states have modified them multiple times to expand the list of named professionals required to report.
Over time, most—though not all—state laws have explicitly named clergy and other common church roles, such as teachers and directors.
The penalties for failing to comply are notable. Most laws recognize criminal liability for the person who fails to report, with penalties ranging from misdemeanors and small fines to jail time and hefty fines.
At least eight states also recognize civil liability, which means a victim can personally sue the person who failed to meet their reporting obligation.
What Church Leaders Should Know
Church Law & Tax regularly updates its 50-state survey of abuse-reporting laws, and recently did so again.
The report offers specific guidance on whether laws include clergy and other church-related positions, plus other requirements a state’s law imposes, including:
- The state’s definition of abuse;
- The process for reporting suspected abuse;
- The deadline for reporting (usually within 24 hours to 48 hours);
- The state’s position on how a clergy member should handle information potentially received through a conversation protected by the clergy-penitent privilege;
- The phone and website contact points for reporting; and,
- The criminal and/or civil liability faced for failing to report.
When the #MeToo movement erupted on social media in 2017, numerous states enacted broad-sweeping changes to their reporting laws. That activity has subsided during the past two years, with the most notable changes coming in the phone numbers or website links that mandatory reporters must use to report.