Children’s Bureau/ACYF/ACF/HHS

800.394.3366 | Email: info@childwelfare.gov | https://www.childwelfare.gov

State 

Statutes 

Current Through

August 2015

Penalties for Failure to 

Report and False Reporting

of Child Abuse and Neglect

What’s Inside

Penalties for failure to 

report

Penalties for false 

reporting

Summaries of State laws

To find statute 

information for a 

particular State, 

go to 

https://www.childwelfare.

gov/topics/systemwide/

laws-policies/state/.

Many cases of child abuse and neglect are 

not reported, even when mandated by law. 

Therefore, nearly every State and U.S. territory 

imposes penalties, often in the form of a fine or 

imprisonment, on mandatory reporters who fail 

to report suspected child abuse or neglect as 

required by law.1

1 See Child Welfare Information Gateway’s Mandatory Reporters of Child Abuse and 

Neglect at https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/

manda/.

 In addition, to prevent malicious 

or intentional reporting of cases that are not 

founded, many States and the U.S. Virgin Islands 

impose penalties against any person who files a 

report known to be false.
Penalties for Failure to Report and False Reporting of Child Abuse and Neglect https://www.childwelfare.gov

2

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. 

This publication is available online at https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/report/.

Penalties for Failure to Report

Approximately 48 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

2 The word “approximately” is used to stress the fact that the States 

frequently amend their laws. This information is current through August 2015. 

Maryland, Wyoming, and Puerto Rico currently do not have statutes imposing 

penalties for failure to report.

 In Florida, a mandatory reporter who fails to 

report as required by law can be charged with a felony. 

Failure to report is classified as a misdemeanor or a similar 

charge in 40 States and American Samoa, Guam, and the 

Virgin Islands.3

3 Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, 

Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, 

Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New 

Jersey (charged as a disorderly person), New Mexico, New York, North 

Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, 

South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, 

and West Virginia. 

 In Arizona and Minnesota, misdemeanors 

are upgraded to felonies for failure to report more serious 

situations; while in Connecticut, Illinois, Kentucky, 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 a failure to report.4

4 Alabama, California, Connecticut, Delaware, Florida, Louisiana, Maine, 

Massachusetts, Michigan, Minnesota, Mississippi, New Mexico, Rhode Island, 

South Carolina, Tennessee, Vermont, Virginia, Washington, West Virginia, and 

Wisconsin.

Upon conviction, a mandated reporter who fails to report 

can face jail terms ranging from 30 days to 5 years, fines 

ranging from $300 to $10,000, or both jail terms and fines. 

In seven States, harsher penalties may be imposed under 

certain circumstances.5

5 In California and Massachusetts, harsher penalties are imposed when the 

failure to report results in the child’s death or serious bodily injury. Louisiana 

imposes harsher penalties when the reporter fails to report sexual abuse or 

serious bodily injury. Delaware and Virginia impose harsher penalties upon 

second or subsequent convictions for failure to report. Vermont imposes its 

fine for failure to report when the reporter willfully fails to report with the intent 

to conceal the abuse. West Virginia imposes harsher penalties for failure to 

report the sexual assault of a child.

 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.6

6 Arkansas, Colorado, Iowa, Michigan, Montana, New York, and Rhode Island.

Florida imposes a fine of up to $1 million on any institution 

of higher learning, including any State university and 

nonpublic college, who fails to report or prevents any 

person from reporting an instance of abuse committed on 

the property of the institution or at an event sponsored by 

the institution.

Obstructing Reports of Abuse or Neglect

Approximately 10 States impose penalties against any 

employer who discharges, suspends, disciplines, or 

engages in any action to prevent or prohibit an employee 

or volunteer from making a report of suspected child 

maltreatment as required by the reporting laws.7

7 Alabama, Arkansas, Connecticut, Maryland, Minnesota, North Dakota, 

Oklahoma, Pennsylvania, Vermont, and Wyoming.

 In six 

States, an action to prevent a report is classified as a 

misdemeanor.8

8 Alabama, Arkansas, Maryland, North Dakota, Pennsylvania, and Wyoming.

 In Connecticut, an employer who 

interferes with making a report will be charged with a 

felony. Three States specify the penalties for that action,9

9 Maryland ($10,000, 5 years in jail, or both), Minnesota ($10,000), and 

Wyoming ($750, 6 months in jail, or both).

and in four States the employer is civilly liable for 

damages for any harm caused to the mandatory reporter.10

10 Minnesota, North Dakota, Oklahoma, and Vermont.

In Pennsylvania, a person commits a felony if he or she 

uses force, violence, or threat; or offers a bribe to prevent 

a report; or has a prior conviction for the same or a similar 

offense. In the Northern Mariana Islands, any person who 

is convicted of interfering with the good-faith efforts of 

any person making or attempting to make a report shall 

be subject to imprisonment for up to 1 year, or a fine of 

$1,000, or both.

Penalties for False Reporting

Approximately 29 States carry penalties in their civil child 

protection laws for any person who willfully or intentionally 

makes a report of child abuse or neglect that the reporter 

knows to be false.11

11 Arizona, Arkansas, California, Colorado, Connecticut, Florida, Idaho, Illinois, 

Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Michigan, 

Minnesota, Missouri, Montana, Nebraska, North Dakota, Oklahoma, Rhode 

Island, South Carolina, Tennessee, Texas, Virginia, Washington, and Wyoming.

 In New York, Ohio, Pennsylvania, 

and the Virgin Islands, making false reports of child 

maltreatment is made illegal in criminal sections of State 

code.
Penalties for Failure to Report and False Reporting of Child Abuse and Neglect https://www.childwelfare.gov

3

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. 

This publication is available online at https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/report/.

Nineteen States and the Virgin Islands classify false 

reporting as a misdemeanor or similar charge.12

12 Arizona, Arkansas, Colorado, Indiana, Iowa, Kansas, Kentucky, Louisiana, 

Michigan, Missouri, New York, North Dakota, Ohio, Oklahoma, Rhode Island, 

South Carolina, Virginia, Washington, and Wyoming.

 In Florida, 

Illinois, Tennessee, and Texas, false reporting is a felony; 

while in Arkansas, Indiana, Missouri, and Virginia, second 

or subsequent offenses are upgraded to felonies. In 

Michigan, false reporting can be either a misdemeanor 

or a felony, depending on the seriousness of the alleged 

abuse in the report. No criminal penalties are imposed 

in California, Maine, Minnesota, Montana, and Nebraska; 

however, the immunity from civil or criminal action that is 

provided to reporters of abuse or neglect is not extended 

to those who make a false report. In South Carolina, in 

addition to any criminal penalties, the Department of 

Social Services may bring civil action against the person 

to recover the costs of investigation and any proceedings 

related to the investigation.

Eleven States and the Virgin Islands specify the penalties 

for making a false report.13

13 Connecticut, Florida, Louisiana, Massachusetts, Michigan, Oklahoma, 

Rhode Island, South Carolina, Texas, Washington, and Wyoming.

 Upon conviction, the reporter 

can face jail terms ranging from 90 days to 5 years or fines 

ranging from $500 to $5,000. Florida imposes the most 

severe penalties: In addition to a court sentence of 5 

years and $5,000, the Department of Children and Family 

Services may fine the reporter up to $10,000. In six States, 

the reporter may be civilly liable for any damages caused 

by the report.14

14 California, Colorado, Idaho, Indiana, Minnesota, and North Dakota.

This publication is a product of the State Statutes 

Series prepared by Child Welfare Information 

Gateway. While every attempt has been made 

to be complete, additional information on these 

topics may be in other sections of a State’s code 

as well as agency regulations, case law, and 

informal practices and procedures.

Suggested Citation: 

Child Welfare Information Gateway. (2016). Penalties for 

failure to report and false reporting of child abuse and 

neglect. Washington, DC: U.S. Department of Health and 

Human Services, Children’s Bureau.
Penalties for Failure to Report and False Reporting of Child Abuse and Neglect https://www.childwelfare.gov

4

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. 

This publication is available online at https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/report/.

Alabama

Failure to Report 

Ala. Code §§ 26-14-3(g); 26-14-13

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.

Any person who knowingly fails to make the report required by the reporting laws shall be guilty of a misdemeanor and shall be 

punished by a sentence of not more than 6 months imprisonment or a fine of not more than $500. 

False Reporting

This issue is not addressed in the statutes reviewed. 

Alaska

Failure to Report 

Alaska Stat. § 47.17.068

A person who fails to comply with the laws requiring reports of child abuse or neglect or child pornography and who knew or should 

have known that the circumstances gave rise to the need for a report is guilty of a Class A misdemeanor. 

False Reporting

This issue is not addressed in the statutes reviewed. 

American Samoa 

Failure to Report 

Ann. Code § 45.2002(d) 

Any person who willfully violates the provisions of subsection (a) [requiring certain persons to report]:

• Commits a Class A misdemeanor

• Is liable for damages proximately caused

False Reporting

This issue is not addressed in the statutes reviewed. 

Arizona

Failure to Report 

Rev. Stat. § 13-3620(O), (P)

A person who violates this section requiring the reporting of child abuse or neglect is guilty of a Class 1 misdemeanor, except if the 

failure to report involves a reportable offense, in which case the person is guilty of a Class 6 felony.

A 'reportable offense' means any of the following:

• Any offense listed in chapters 14 and 35.1 of this title or § 13-3506.01

• Surreptitious photographing, videotaping, filming, or digitally recording or viewing a minor pursuant to § 13-3019

• Child prostitution pursuant to § 13-3212

• Incest pursuant to § 13-3608

• Unlawful mutilation pursuant to § 13-1214

False Reporting

Rev. Stat. § 13-3620.01 

A person acting with malice who knowingly and intentionally makes a false report of child abuse or neglect, or a person acting with 

malice who coerces another person to make a false report of child abuse or neglect, is guilty of a Class 1 misdemeanor. 

A person who knowingly and intentionally makes a false report that another person made a false report is guilty of a Class 1 

misdemeanor. 
Penalties for Failure to Report and False Reporting of Child Abuse and Neglect https://www.childwelfare.gov

5

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. 

This publication is available online at https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/report/.

Arkansas

Failure to Report 

Ann. Code §§ 12-18-201; 12-18-202; 12-18-206; 12-18-204 

A mandated reporter commits the offense of failure to notify by a mandated reporter in the first degree if he or she has reasonable 

cause to suspect that a child has been subjected to or has died as a result of child maltreatment or observes a child being subjected 

to conditions or circumstances that would reasonably result in child maltreatment, and he or she knowingly fails to notify the Child 

Abuse Hotline of the child maltreatment or suspected child maltreatment.

Failure to notify by a mandated reporter in the first degree is a Class A misdemeanor.

A mandated reporter commits the offense of failure to notify by a mandated reporter in the second degree if he or she has 

reasonable cause to suspect that a child has been subjected to or has died as a result of child maltreatment or observes a child being 

subjected to conditions or circumstances that would reasonably result in child maltreatment, and he or she recklessly fails to notify 

the Child Abuse Hotline of the child maltreatment or suspected child maltreatment.

Failure to notify by a mandated reporter in the second degree is a Class C misdemeanor.

A mandated reporter who purposely fails to report as required is civilly liable for damages proximately caused by that failure. 

An employer or supervisor of an employee who is a mandated reporter commits the offense of unlawful restriction of child abuse 

reporting if he or she:

• Prohibits a mandated reporter from making a report of child maltreatment or suspected child maltreatment

• Requires that a mandated reporter receive permission or notify a person before the mandated reporter makes a report

• Knowingly retaliates against a mandated reporter for reporting child maltreatment or suspected child maltreatment

Unlawful restriction of child abuse reporting is a Class A misdemeanor. 

False Reporting

Ann. Code § 12-18-203

A person commits the offense of making a false report under this chapter if he or she purposely and knowingly makes a report 

containing a false allegation to the Child Abuse Hotline.

A first offense of making a false report under this chapter is a Class A misdemeanor. A subsequent offense of making a false report 

under this chapter is a Class D felony. 

California 

Failure to Report 

Penal Code §§ 11166(c); 11166.01

Any mandated reporter who fails to report an incident of known or reasonably suspected child abuse or neglect is guilty of a 

misdemeanor punishable by up to 6 months in a county jail or by a fine of $1,000, or both. If a mandated reporter intentionally 

conceals his or her failure to report an incident known by the mandated reporter to be abuse or severe neglect, the failure to report 

is a continuing offense until an agency specified in § 11165.9 discovers the offense.

Any supervisor or administrator who violates § 11166(1) [that prohibits impeding others from making a report], shall be punished by 

not more than 6 months in a county jail or by a fine of not more than $1,000, or both.

Any mandated reporter who willfully fails to report abuse or neglect, or any person who impedes or inhibits a report of abuse or 

neglect, where that abuse or neglect results in death or great bodily injury, shall be punished by not more than 1 year in a county jail 

or by a fine of not more than $5,000, or both. 

False Reporting

Penal Code § 11172(a)

Any person reporting a known or suspected instance of child abuse or neglect shall not incur civil or criminal liability as a result of any 

report, unless it can be proven that a false report was made and the person knew that the report was false or was made with reckless 

disregard of the truth or falsity of the report. 

Any person who makes a report of child abuse or neglect known to be false or with reckless disregard of the truth or falsity of the 

report is liable for any damages caused. 
Penalties for Failure to Report and False Reporting of Child Abuse and Neglect https://www.childwelfare.gov

6

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. 

This publication is available online at https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/report/.

Colorado 

Failure to Report 

Rev. Stat. § 19-3-304(4)

Any mandatory reporter who willfully fails to report as required by § 19-3-304(1):

• Commits a Class 3 misdemeanor and shall be punished as provided by law

• Shall be liable for damages proximately caused

False Reporting

Rev. Stat. § 19-3-304(3.5), (4)

No person, including a mandatory reporter, shall knowingly make a false report of abuse or neglect to a county department or local 

law enforcement agency. 

Any person who violates this provision:

• Commits a Class 3 misdemeanor and shall be punished as provided by law

• Shall be liable for damages proximately caused

Connecticut 

Failure to Report 

Gen. Stat. § 17a-101a

Any mandated reporter who fails to report as required by law shall be guilty of a class A misdemeanor. That person, however, shall be 

guilty of a class E felony if:

• The failure to report is a subsequent violation.

• The failure to report was willful, intentional, or due to gross negligence.

• The person had actual knowledge that a child was abused or neglected.

Any person who intentionally and unreasonably interferes with or prevents the making of a report pursuant to this section, or 

attempts or conspires to do so, shall be guilty of a class D felony. The provisions of this subdivision shall not apply to any child under 

age 18 or any person who is being educated by the technical high school system or a local or regional board of education, other than 

as part of an adult education program. 

Any person found guilty under the provisions of this section shall be required to participate in an educational and training program. 

False Reporting

Gen. Stat. § 17a-101e(c)

Any person who is alleged to have knowingly made a false report of child abuse or neglect shall be referred to the office of the Chief 

State's Attorney for purposes of a criminal investigation. 

Any person who knowingly makes a false report of child abuse or neglect shall be fined not more than $2,000 or imprisoned for not 

more than 1 year, or both. 

Delaware

Failure to Report 

Ann. Code Tit. 16, § 914

Any person who violates § 903 of this title [that requires certain persons to report suspected child abuse or neglect] shall be liable for 

a civil penalty not to exceed $10,000 for the first violation and not to exceed $50,000 for any subsequent violation.

In any action brought under this section, if the court finds a violation, the court may award costs and attorneys' fees. 

False Reporting

This issue is not addressed in the statutes reviewed. 
Penalties for Failure to Report and False Reporting of Child Abuse and Neglect https://www.childwelfare.gov

7

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. 

This publication is available online at https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/report/.

District of Columbia

Failure to Report 

Ann. Code § 4-1321.07

Any person required to make a report under the reporting laws who willfully fails to make such a report shall be fined no more than 

the amount set forth in § 22-3571.01 [$1,000] or imprisoned for no more than 180 days, or both. 

False Reporting

This issue is not addressed in the statutes reviewed. 

Florida 

Failure to Report 

Ann. Stat. § 39.205(1)-(4) 

A person who is required to report known or suspected child abuse and who knowingly and willfully fails to do so, or who knowingly 

and willfully prevents another person from doing so, commits a felony of the third degree, punishable as provided in §§ 775.082, 

775.083, or 775.084. Upon conviction, the person may be:

• Imprisoned for a term not to exceed 5 years

• Fined $5,000

Unless the court finds that the person is a victim of domestic violence or that other mitigating circumstances exist, a person age 18 or 

older who lives in the same house or living unit as a child who is known or suspected to be a victim of child abuse and knowingly and 

willfully fails to report the child abuse commits a felony of the third degree.

Any Florida College System institution, State university, or nonpublic college, university, or school whose administrators knowingly 

and willfully, upon receiving information from faculty, staff, or other institution employees, fail to report known or suspected child 

abuse, abandonment, or neglect committed on the property of the university, college, or school; or during an event or function 

sponsored by the university, college, or school; or who knowingly and willfully prevents another person from doing so, shall be 

subject to fines of $1 million for each such failure.

Any Florida College System institution, State university, or nonpublic college, university, or school whose law enforcement agency 

fails to report known or suspected child abuse, abandonment, or neglect committed on the property of the university, college, or 

school, or during an event or function sponsored by the university, college, or school, shall be subject to fines of $1 million for each 

such failure. 

False Reporting

Ann. Stat. §§ 39.205(9); 39.206(1)

A person who knowingly and willfully makes a false report of child abuse, abandonment, or neglect, or who advises another to make 

a false report, is guilty of a felony of the third degree. Upon conviction, the person may be: 

• Imprisoned for a term not to exceed 5 years

• Fined $5,000

In addition to any other penalty authorized by this section or other law, the Department of Children and Family Services may 

impose a fine, not to exceed $10,000 for each violation, upon a person who knowingly and willfully makes a false report of abuse, 

abandonment, or neglect of a child, or a person who counsels another to make a false report. 

Georgia 

Failure to Report 

Ann. Code § 19-7-5(h)

Any person or official required by law to report a suspected case of child abuse who knowingly and willfully fails to do so shall be 

guilty of a misdemeanor. 

False Reporting

This issue is not addressed in the statutes reviewed. 
Penalties for Failure to Report and False Reporting of Child Abuse and Neglect https://www.childwelfare.gov

8

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. 

This publication is available online at https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/report/.

Guam 

Failure to Report 

Ann. Code Tit. 19, § 13207

Any person required to report who fails to report an instance of child abuse that he or she knows to exist or reasonably should know 

to exist is guilty of a misdemeanor that is punishable by imprisonment for a term not to exceed 6 months or a fine of no more than 

$1,000, or both.

A second or subsequent conviction shall be a felony in the third degree. 

False Reporting

This issue is not addressed in the statutes reviewed. 

Hawaii

Failure to Report 

Rev. Stat. § 350-1.2 

Any mandatory reporter who knowingly prevents another person from reporting, or who knowingly fails to provide information as 

required by the reporting laws, shall be guilty of a petty misdemeanor. 

False Reporting

This issue is not addressed in the statutes reviewed. 

Idaho 

Failure to Report 

Idaho Code § 16-1605(4) 

Failure to report as required by the reporting laws shall be a misdemeanor. 

False Reporting

Idaho Code § 16-1607 

Any person who makes a report or allegation of child abuse, abandonment, or neglect knowing the report is false, or who reports or 

alleges the same in bad faith or with malice, shall be liable to the party or parties against whom the report was made for the amount 

of actual damages sustained or statutory damages of $2,500, whichever is greater, plus attorney's fees and costs of suit.

If the court finds that the defendant acted with malice or oppression, the court may award treble actual damages or treble statutory 

damages, whichever is greater. 

Illinois 

Failure to Report 

Comp. Stat. Ch. 325, §§ 5/4.02; 5/4 

Any physician who willfully fails to report suspected child abuse or neglect shall be referred to the Illinois State Medical Disciplinary 

Board for action in accordance with the Medical Practice Act of 1987. Any dentist or dental hygienist who willfully fails to report 

suspected child abuse or neglect shall be referred to the Department of Professional Regulation for action in accordance with the 

Illinois Dental Practice Act.

Any mandatory reporter who willfully fails to report suspected child abuse or neglect shall be guilty of a Class A misdemeanor for a 

first violation and a Class 4 felony for a second or subsequent violation.

Any person who knowingly and willfully violates any provision of this Section is guilty of a Class A misdemeanor for a first violation 

and a Class 4 felony for a second or subsequent violation.

If the person acted as part of a plan or scheme having as its object the prevention of discovery of an abused or neglected child by 

lawful authorities for the purpose of protecting or insulating any person or entity from arrest or prosecution, the person is guilty 

of a Class 4 felony for a first offense and a Class 3 felony for a second or subsequent offense (regardless of whether the second or 

subsequent offense involves any of the same facts or persons as the first or other prior offense). 
Penalties for Failure to Report and False Reporting of Child Abuse and Neglect https://www.childwelfare.gov

9

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. 

This publication is available online at https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/report/.

False Reporting

Comp. Stat. Ch. 325, § 5/4

Any person who knowingly transmits a false report to the department commits the offense of disorderly conduct under Ch. 720, § 

5/26.1(a)(7). A violation of this provision is a Class 4 felony. 

Indiana 

Failure to Report 

Ann. Code § 31-33-22-1 

A person who knowingly fails to make a report required by law commits a Class B misdemeanor.

A person who, in his or her capacity as a staff member of a medical or other institution, school, facility, or agency is required to 

make a report to the individual in charge of the institution, school, facility, or agency, or his or her designated agent, as required by 

§ 31-33-5-2, and who knowingly fails to make a report commits a Class B misdemeanor. This penalty is imposed in addition to the

penalty imposed above. 

False Reporting

Ann. Code § 31-33-22-3(a)-(b) 

A person who intentionally communicates to a law enforcement agency or the Department of Child Services a report of child 

abuse or neglect knowing the report to be false commits a Class A misdemeanor. The offense is a Level 6 felony if the person has a 

previous unrelated conviction for making a report of child abuse or neglect knowing the report to be false.

A person who intentionally communicates to a law enforcement agency or the department a report of child abuse or neglect 

knowing the report to be false is liable to the person accused of child abuse or neglect for actual damages. The finder of fact may 

award punitive damages and attorney's fees in an amount determined by the finder of fact against the person. 

Iowa 

Failure to Report 

Ann. Stat. § 232.75(1)-(2)

Any person, official, agency, or institution required to report a suspected case of child abuse who knowingly and willfully fails to do 

so is guilty of a simple misdemeanor.

Any person, official, agency, or institution required by § 232.69 to report a suspected case of child abuse who knowingly fails to do 

so, or who knowingly interferes with the making of such a report in violation of § 232.70, is civilly liable for the damages proximately 

caused by such failure or interference. 

False Reporting

Ann. Stat. § 232.75(3)

A person who reports or causes to be reported to the Department of Human Services false information regarding an alleged act of 

child abuse, knowing that the information is false or that the act did not occur, commits a simple misdemeanor. 

Kansas 

Failure to Report 

Ann. Stat. § 38-2223(e)

Willful and knowing failure to make a report required by this section is a Class B misdemeanor. It is not a defense that another 

mandatory reporter made a report.

Intentionally preventing or interfering with the making of a report required by this section is a Class B misdemeanor. 

False Reporting

Ann. Stat. § 38-2223(e)

Any person who willfully and knowingly makes a false report pursuant to this section or makes a report that such person knows lacks 

factual foundation is guilty of a Class B misdemeanor. 
Penalties for Failure to Report and False Reporting of Child Abuse and Neglect https://www.childwelfare.gov

10

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. 

This publication is available online at https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/report/.

Kentucky 

Failure to Report 

Rev. Stat. § 620.030(6)

Any person who intentionally violates the provisions of this section shall be guilty of a:

• Class B misdemeanor for the first offense

• Class A misdemeanor for the second offense

• Class D felony for each subsequent offense

False Reporting

Rev. Stat. § 620.050(1) 

Any person who knowingly makes a false report and does so with malice shall be guilty of a Class A misdemeanor. 

Louisiana 

Failure to Report 

Children's Code art. 609; Rev. Stat. 14:403(A)(1)

Violation of the duties imposed upon a mandatory reporter subjects the offender to criminal prosecution.

Any person who is required to report the abuse or neglect of a child and knowingly and willfully fails to do so shall be fined no more 

than $500 or imprisoned for no more than 6 months, or both. 

Any person who is required to report the sexual abuse of a child or the abuse or neglect of a child that results in the serious bodily 

injury, neurological impairment, or death of the child and knowingly and willfully fails to report shall be fined no more than $3,000 

or imprisoned with or without hard labor for no more than 3 years, or both. The term 'serious bodily injury' means injury involving 

protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ, or mental faculty, 

or substantial risk of death.

Notwithstanding the provisions above, any person who is age 18 or older who witnesses the sexual abuse of a child and knowingly 

and willfully fails to report the sexual abuse to law enforcement or to the Department of Children and Family Services as required by 

law shall be fined no more than $10,000 or imprisoned with or without hard labor for no more than 5 years, or both. 

False Reporting

Children's Code art. 609; Rev. Stat. 14:403(A)(3)

The filing of a report that is known to be false may subject the offender to criminal prosecution.

Any person who reports a child as abused or neglected or sexually abused to the department or to any law enforcement agency 

knowing that such information is false shall be fined no more than $500 or imprisoned for no more than 6 months, or both. 

Maine 

Failure to Report 

Rev. Stat. Tit. 22, § 4009

A person who knowingly violates a provision of this chapter commits a civil violation for which a forfeiture of not more than $500 may 

be adjudged. 

False Reporting

Rev. Stat. Tit. 22, § 4014(1) 

Immunity from any criminal or civil liability for the act of reporting or participating in the investigation or proceeding is not extended 

in instances when a false report is made and the person knows the report is false. Nothing in this section may be construed to bar 

criminal or civil action regarding perjury. 
Penalties for Failure to Report and False Reporting of Child Abuse and Neglect https://www.childwelfare.gov

11

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. 

This publication is available online at https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/report/.

Maryland 

Failure to Report 

Fam. Law § 5-705.2

An individual may not intentionally prevent or interfere with the making of a report of suspected abuse or neglect as required by law. 

A person who violates this section is guilty of a misdemeanor and, on conviction, is subject to imprisonment not exceeding 5 years or 

a fine not exceeding $10,000 or both. 

False Reporting

This issue is not addressed in the statutes reviewed. 

Massachusetts 

Failure to Report 

Gen. Laws Ch. 119, § 51A 

Any mandatory reporter who fails to report shall be punished by a fine of not more than $1,000.

Any mandated reporter who has knowledge of child abuse or neglect that resulted in serious bodily injury to or death of a child and 

willfully fails to report the abuse or neglect shall be punished by a fine of up to $5,000 or imprisonment for no more than 2 1⁄2 years 

or by both, and, upon a guilty finding or a continuance without a finding, the court shall notify any appropriate professional licensing 

authority of the mandated reporter's violation of this paragraph. 

False Reporting

Gen. Laws Ch. 119, § 51A 

Whoever knowingly and willfully files a frivolous report of child abuse or neglect under this section shall be punished by:

• A fine of no more than $2,000 for the first offense

• Imprisonment for no more than 6 months and a fine of no more than $2,000 for the second offense

• Imprisonment for no more than 2 1⁄2 years and a fine of no more than $2,000 for the third and subsequent offenses

Michigan 

Failure to Report 

Comp. Laws § 722.633(1), (2)

A mandatory reporter who fails to report as required is civilly liable for the damages proximately caused by the failure.

A mandatory reporter who knowingly fails to report as required is guilty of a misdemeanor punishable by one or both of the 

following: 

• Imprisonment for not more than 93 days

• A fine of not more than $500

False Reporting

Comp. Laws § 722.633(5)

Any person who intentionally makes a false report of child abuse or neglect knowing that the report is false is guilty of a crime as 

follows:

• If the child abuse or neglect would not constitute a crime but would constitute a misdemeanor if the report were true, the

person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100, or

both.

• If the child abuse or neglect reported would constitute a felony if the report were true, the person is guilty of a felony

punishable by the lesser of the following:

» The penalty for the child abuse or neglect falsely reported

» Imprisonment for not more than 4 years or a fine of not more than $2,000, or both
Penalties for Failure to Report and False Reporting of Child Abuse and Neglect https://www.childwelfare.gov

12

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. 

This publication is available online at https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/report/.

Minnesota 

Failure to Report 

Ann. Stat. § 626.556, Subd. 4a; 6

An employer of any person required to make reports shall not retaliate against the person for reporting in good faith abuse or 

neglect pursuant to this section, or against a child with respect to whom a report is made, because of the report. The employer of 

any person required to report who retaliates against the person because of a report of abuse or neglect is liable to that person for 

actual damages and, in addition, a penalty up to $10,000.There shall be a rebuttable presumption that any adverse action within 90 

days of a report is retaliatory.

A mandatory reporter who knows or has reason to believe that a child is neglected or physically or sexually abused, or has been 

neglected or physically or sexually abused within the preceding 3 years, and fails to report the abuse is guilty of a misdemeanor.

A mandatory reporter who knows or has reason to believe that two or more children not related to the perpetrator have been 

physically or sexually abused by the same perpetrator within the preceding 10 years and fails to report is guilty of a gross 

misdemeanor.

A parent, guardian, or caregiver who knows or reasonably should know that the child's health is in serious danger and who fails to 

report:

• Is guilty of a gross misdemeanor if the child suffers substantial or great bodily harm because of the lack of medical care

• Is guilty of a felony if the child dies because of the lack of medical care and may be subject to one or both of the following:

» Imprisonment for not more than 2 years

» A fine of not more than $4,000

The law providing that a parent, guardian, or caregiver may, in good faith, select and depend on spiritual means or prayer for 

treatment or care of a child does not exempt a parent, guardian, or caregiver from the duty to report under this provision. 

False Reporting

Ann. Stat. § 626.556, Subd. 5

Any person who knowingly or recklessly makes a false report under the reporting laws shall be liable in a civil suit for any actual 

damages suffered by the person(s) so reported and for any punitive damages set by the court or jury, plus costs and reasonable 

attorney fees. 

Mississippi 

Failure to Report 

Ann. Code. § 43-21-353(7) 

Anyone who willfully violates any provision of this section shall be, upon being found guilty, punished by a fine not to exceed $5,000 

or by imprisonment in jail not to exceed 1 year, or both. 

False Reporting

This issue is not addressed in the statutes reviewed. 

Missouri 

Failure to Report 

Ann. Stat. § 210.165(1) 

Any person violating any provision of the reporting laws is guilty of a Class A misdemeanor. 

False Reporting

Ann. Stat. § 210.165(2)-(3)

Any person who intentionally files a false report of child abuse or neglect shall be guilty of a Class A misdemeanor.

Every person who has been previously convicted of making a false report to the Children's Division or its predecessor agency, the 

Division of Family Services, and who is subsequently convicted of making a false report is guilty of a Class D felony and shall be 

punished as provided by law. 
Penalties for Failure to Report and False Reporting of Child Abuse and Neglect https://www.childwelfare.gov

13

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. 

This publication is available online at https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/report/.

Effective January 1, 2017: Any person who intentionally files a false report of child abuse or neglect shall be guilty of a class A 

misdemeanor.

Every person who has been previously convicted of making a false report to the Children's Division or its predecessor agency, the 

Division of Family Services, and who is subsequently convicted of making a false report is guilty of a class E felony and shall be 

punished as provided by law. 

Montana 

Failure to Report 

Ann. Code § 41-3-207

Any mandatory reporter who fails to report known or suspected child abuse or neglect or who prevents another person from 

reasonably doing so is civilly liable for the damages proximately caused by such failure or prevention. Any mandatory reporter who 

purposely or knowingly fails to report when required or purposely or knowingly prevents another person from doing so is guilty of a 

misdemeanor. 

False Reporting

Ann. Code § 41-3-203(1)

Anyone reporting any incident of child abuse or neglect as required by law is immune from any liability, civil or criminal, that might 

otherwise be incurred or imposed unless the person was grossly negligent, acted in bad faith or with malicious purpose, or provided 

information knowing the information to be false. 

Nebraska

Failure to Report 

Rev. Stat. § 28-717

Any person who willfully fails to make any report of child abuse or neglect required by § 28-711 shall be guilty of a Class III 

misdemeanor. 

False Reporting

Rev. Stat. § 28-716

Any person participating in an investigation, making a report of child abuse or neglect, or participating in a judicial proceeding 

resulting from a report shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed, except for 

maliciously false statements. 

Nevada

Failure to Report 

Rev. Stat. § 432B.240

Any person who knowingly and willfully violates the provisions of § 432B.220 is guilty of:

• For the first violation, a misdemeanor

• For each subsequent violation, a gross misdemeanor

False Reporting

This issue is not addressed in the statutes reviewed. 

New Hampshire 

Failure to Report 

Rev. Stat. § 169-C:39

Anyone who knowingly violates any provision of the reporting laws shall be guilty of a misdemeanor. 

False Reporting

This issue is not addressed in the statutes reviewed. 
Penalties for Failure to Report and False Reporting of Child Abuse and Neglect https://www.childwelfare.gov

14

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. 

This publication is available online at https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/report/.

New Jersey

Failure to Report 

Ann. Stat. § 9:6-8.14

Any person knowingly violating the reporting laws, including the failure to report an act of child abuse having reasonable cause to 

believe that an act of child abuse has been committed, is a disorderly person. 

False Reporting

This issue is not addressed in the statutes reviewed. 

New Mexico

Failure to Report 

Ann. Stat. § 32A-4-3(F) 

Any person who violates the provisions of this section pertaining to the duty to report is guilty of a misdemeanor and shall be 

sentenced pursuant to § 31-19-1. 

Upon conviction, the person shall be imprisoned in the county jail for a definite term that is less than 1 year or be fined not more than 

$1,000, or both at the discretion of the judge. 

False Reporting

This issue is not addressed in the statutes reviewed. 

New York

Failure to Report 

Soc. Serv. Law § 420 

Any mandatory reporter who willfully fails to report as required shall be guilty of a Class A misdemeanor.

Any mandatory reporter who knowingly and willfully fails to report as required shall be civilly liable for the damages proximately 

caused by such failure. 

False Reporting

Penal Law § 240.50(4) 

A person is guilty of falsely reporting an incident in the third degree when, knowing the information reported, conveyed, or 

circulated to be false or baseless, he or she reports, by word or action, an alleged occurrence or condition of child abuse or 

maltreatment that did not in fact occur or exist to:

• The statewide central register of child abuse and maltreatment

• Any person required to report cases of suspected child abuse or maltreatment, knowing that the person is required to report

such cases, and with the intent that such an alleged occurrence be reported to the statewide central register

Falsely reporting an incident in the third degree is a Class A misdemeanor. 

North Carolina

Failure to Report 

Gen. Stat. § 7B-301 

Any person or institution who knowingly or wantonly fails to report the case of a juvenile as required, or who knowingly or wantonly 

prevents another person from making a report as required, is guilty of a Class 1 misdemeanor.

A director of social services who receives a report of sexual abuse of a juvenile in a child care facility and who knowingly fails to notify 

the State Bureau of Investigation of the report as required is guilty of a Class 1 misdemeanor. 

False Reporting

This issue is not addressed in the statutes reviewed. 
Penalties for Failure to Report and False Reporting of Child Abuse and Neglect https://www.childwelfare.gov

15

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. 

This publication is available online at https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/report/.

North Dakota

Failure to Report 

Cent. Code §§ 50-25.1-13; 50-25.1-09.1 

Any person required by this chapter to report or to supply information concerning a case of known or suspected child abuse, 

neglect, or death resulting from abuse or neglect who willfully fails to do so is guilty of a Class B misdemeanor.

An employer who retaliates against an employee solely because the employee in good faith reported having reasonable cause to 

suspect that a child was abused or neglected, died as a result of abuse or neglect, or because the employee is a child with respect 

to whom a report was made, is guilty of a class B misdemeanor. It is a defense to any charge brought under this section that the 

presumption of good faith, described in § 50-25.1-09, has been rebutted.

The employer of a person required or permitted to report pursuant to § 50-25.1-03 who retaliates against the person because of a 

report of abuse or neglect, or a report of a death resulting from child abuse or neglect, is liable to that person in a civil action for all 

damages, including exemplary damages, costs of the litigation, and reasonable attorney's fees. 

False Reporting

Cent. Code § 50-25.1-13 

Any person who willfully makes a false report or provides false information that causes a report to be made is guilty of a Class B 

misdemeanor unless the false report is made to a law enforcement official, in which case the person who causes the report to be 

made is guilty of a Class A misdemeanor. 

A person who willfully makes a false report or willfully provides false information that causes a report to be made also is liable in a 

civil action for all damages suffered by the person reported, including exemplary damages. 

Northern Mariana Islands 

Failure to Report 

Commonwealth Code Tit. 6, §§ 5315; 5316 

Knowing or willful failure of any person to make a report pursuant to § 5313 shall, upon conviction, be punished by one or both of the 

following: 

• Imprisonment for up to 1 year

• A fine of not more than $1,000

Knowing or willful interference by any person with the good-faith efforts of any person making or attempting to make a report under 

this chapter shall, upon conviction, be punished by imprisonment for up to 1 year or a fine of $1,000, or both. 

False Reporting

This issue is not addressed in the statutes reviewed. 

Ohio 

Failure to Report 

Rev. Code § 2151.99

Any person who fails to report suspected child abuse or neglect, as required by § 2151.421, is guilty of a misdemeanor of the fourth 

degree.

Any person required to report by § 2151.421(A)(4) [requiring reports by clergy] who fails to report when knowing that a child has been 

abused or neglected and knowing that the person who committed the abuse or neglect was a cleric or another person other than a 

volunteer, designated by a church, religious society, or faith to act as a leader, official, or delegate on behalf of the church, religious 

society, or faith, is guilty of a misdemeanor of the first degree if the person who has failed to report and the person who committed 

the abuse or neglect belong to the same church, religious society, or faith. 

The person who fails to report is guilty of a misdemeanor of the first degree if the child suffers or faces the threat of suffering the 

physical or mental wound, injury, disability, or condition that would be the basis of the required report when the child is under the 

direct care or supervision of another person over whom the offender has supervisory control. 
16

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. 

This publication is available online at https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/report/.

False Reporting

Rev. Code § 2921.14 

No person shall knowingly make or cause another person to make a false report alleging that any person has committed an act or 

omission that resulted in a child being abused or neglected.

Whoever violates this section is guilty of making or causing a false report of child abuse or child neglect, a misdemeanor of the first 

degree. 

Oklahoma 

Failure to Report 

Ann. Stat. Tit. 10A, § 1-2-101(B)(4); (C)

Any employer, supervisor, or administrator who discharges, discriminates, or retaliates against the employee or other person shall be 

liable for damages, costs, and attorney fees. 

Any person who knowingly and willfully fails to promptly report suspected child abuse or neglect or who interferes with the prompt 

reporting of suspected child abuse or neglect may be reported to local law enforcement for criminal investigation and, upon 

conviction thereof, shall be guilty of a misdemeanor. 

False Reporting

Ann. Stat. Tit. 10A, § 1-2-101(D)

Any person who knowingly and willfully makes a false report pursuant to the provisions of this section or a report that the person 

knows lacks factual foundation may be reported to local law enforcement for criminal investigation and, upon conviction thereof, 

shall be guilty of a misdemeanor.

If a court determines that an accusation of child abuse or neglect made during a child custody proceeding is false and the person 

making the accusation knew it to be false at the time the accusation was made, the court may impose a fine, not to exceed $5,000 

and reasonable attorney fees incurred in recovering the sanctions, against the person making the accusation. The remedy provided 

by this paragraph is in addition to the first paragraph above or to any other remedy provided by law. 

Oregon 

Failure to Report 

Rev. Stat. § 419B.010(3)

A person who violates the reporting laws commits a Class A violation. Prosecution under this law shall be commenced at any time 

within 18 months after the commission of the offense. 

False Reporting

Rev. Stat. § 419B.016

A person commits the offense of making a false report of child abuse if, with the intent to influence a custody, parenting time, 

visitation, or child support decision, the person: 

• Makes a false report of child abuse to the Department of Human Services or a law enforcement agency, knowing that the

report is false

• Makes a false report of child abuse to a public or private official, knowing that the report is false and with the intent that the

public or private official make a report of child abuse to the Department of Human Services or a law enforcement agency

Making a false report of child abuse is a Class A violation. 

Pennsylvania 

Failure to Report 

Cons. Stat. Tit. 23, § 6319; Tit. 18, § 4958

A mandatory reporter who willfully fails to report as required commits a misdemeanor of the third degree for the first violation and a 

misdemeanor of the second degree for a second or subsequent violation.

Penalties for Failure to Report and False Reporting of Child Abuse and Neglect https://www https://www.childwelfar .childwelfare.gov
Penalties for Failure to Report and False Reporting of Child Abuse and Neglect https://www.childwelfare.gov

17

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. 

This publication is available online at https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/report/.

A person commits an offense if: 

• The person acts to obstruct, impede, impair, prevent, or interfere with making a child abuse report, conducting of an

investigation, or prosecuting a child abuse case.

• The person intimidates or attempts to intimidate any reporter, victim, or witness to engage in any of the following actions:

» Refrain from making a report of suspected child abuse

» Refrain from providing or withholding information, documentation, testimony, or evidence to any person regarding a child 

abuse investigation or proceeding

» Give false or misleading information, documentation, testimony, or evidence regarding a child abuse investigation or 

proceeding

» Elude, evade, or ignore any request or legal process summoning the reporter, victim, or witness to appear to testify or 

supply evidence regarding a child abuse investigation or proceeding

» Fail to appear at or participate in a child abuse proceeding or meeting involving a child abuse investigation to which the 

reporter, victim, or witness has been legally summoned

A person commits an offense if the person harms another person by any unlawful act or engages in a course of conduct that 

threatens another person in retaliation for anything that the other person has lawfully done in the capacity of a reporter, witness, or 

victim of child abuse.

A violation of this section is a felony of the second degree if the person:

• Uses force, violence, deception, or threat upon the reporter, witness, or victim

• Offers pecuniary or other benefit to the reporter, witness, or victim

• Has a prior conviction for a violation of this section or a similar law

An offense not otherwise addressed above is a misdemeanor of the second degree. 

False Reporting

Cons. Stat. Tit. 18, § 4906.1

A person commits a misdemeanor of the second degree if the person intentionally or knowingly makes a false report of child abuse 

under Chapter 23 (relating to child protective services) or intentionally or knowingly induces a child to make a false claim of child 

abuse. 

Puerto Rico 

Failure to Report

This issue is not addressed in the statutes reviewed. 

False Reporting

This issue is not addressed in the statutes reviewed. 

Rhode Island 

Failure to Report 

Gen. Laws § 40-11-6.1 

Any mandatory reporter who knowingly fails to report as required or who knowingly prevents any person acting reasonably from 

doing so shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than $500 or imprisonment for 

not more than 1 year, or both.

In addition, any mandatory reporter who knowingly fails to perform any act required by the reporting laws or who knowingly prevents 

another person from performing a required act shall be civilly liable for the damages proximately caused by that failure. 

False Reporting

Gen. Laws § 40-11-3.2

Any person who knowingly and willingly makes or causes to be made to the department a false report of child abuse or neglect shall 

be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or imprisoned for not more than 1 year, 

or both. 
Penalties for Failure to Report and False Reporting of Child Abuse and Neglect https://www.childwelfare.gov

18

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. 

This publication is available online at https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/report/.

South Carolina 

Failure to Report 

Ann. Code § 63-7-410

Any mandatory reporter or any person required to perform any other function under the reporting laws who knowingly fails to do so, 

or a person who threatens or attempts to intimidate a witness, is guilty of a misdemeanor and, upon conviction, must be fined not 

more than $500 or be imprisoned for not more than 6 months, or both. 

False Reporting

Ann. Code §§ 63-7-430; 63-7-440

If the family court determines that a person has made a report of suspected child abuse or neglect maliciously or in bad faith or if 

a person has been found guilty of making a false report pursuant to § 63-7-440, the Department of Social Services may bring a civil 

action to recover the costs of the department's investigation and proceedings associated with the investigation, including attorney's 

fees. The department also is entitled to recover costs and attorney's fees incurred in the civil action authorized by this section. The 

decision of whether to bring a civil action is in the sole discretion of the department.

If the family court determines that a person has made a false report of suspected child abuse or neglect maliciously or in bad faith 

or if a person has been found guilty of making a false report, a person who was subject of the false report has a civil cause of action 

against the person who made the false report and is entitled to recover from the person who made the false report such relief as 

may be appropriate, including actual damages, punitive damages, a reasonable attorney's fee, and other litigation costs reasonably 

incurred.

It is unlawful to knowingly make a false report of abuse or neglect. A person who violates this section is guilty of a misdemeanor and, 

upon conviction, must be fined not more than $5,000 or imprisoned for not more than 90 days, or both. 

South Dakota 

Failure to Report 

Ann. Stat. §§ 26-8A-3; 26-8A-4; 26-8A-6; 26-8A-7

Any mandatory reporter who knowingly and intentionally fails to make the required report is guilty of a Class 1 misdemeanor. This 

provision includes:

• Reports that must be made to the coroner when the reporter suspects that a child has died as a result of abuse or neglect

• Reports required of hospital staff

• Reports that are required of staff of public or private schools

False Reporting

This issue is not addressed in the statutes reviewed. 

Tennessee 

Failure to Report 

Ann. Code § 37-1-412

Any person who knowingly fails to make a report required by § 37-1-403 commits a Class A misdemeanor.

A person believed to have violated this section shall be brought before the court. If the defendant pleads not guilty, the juvenile 

court judge shall bind the defendant over to the grand jury. If the defendant pleads guilty, the juvenile court judge shall sentence the 

defendant under this section with a fine not to exceed $2,500. 

False Reporting

Ann. Code Ann. § 37-1-413

Any person who either verbally or by written or printed communication knowingly and maliciously reports or causes, encourages, 

aids, counsels, or procures another to report a false accusation of child sexual abuse, or false accusation that a child has sustained 

any wound, injury, disability, or physical or mental condition caused by brutality, abuse, or neglect, commits a Class E felony. 
Penalties for Failure to Report and False Reporting of Child Abuse and Neglect https://www.childwelfare.gov

19

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. 

This publication is available online at https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/report/.

Texas

Failure to Report 

Fam. Code § 261.109

A person commits an offense if the person is required to make a report under § 261.101 and knowingly fails to make a report as 

required.

A person who is a professional as defined by § 261.101 commits an offense if the person is required to make a report and knowingly 

fails to make a report as provided in this chapter.

An offense by a person is a Class A misdemeanor, except that the offense is a State jail felony if it is shown on the trial of the offense 

that the child was a person with an intellectual disability who resided in a State-supported living center, the medical assistance 

program for persons with intellectual disabilities component of the Rio Grande State Center, or a facility licensed under Chapter 252, 

Health and Safety Code, and the actor knew that the child had suffered serious bodily injury as a result of the abuse or neglect.

An offense by a professional is a Class A misdemeanor, except that the offense is a State jail felony if it is shown on the trial of the 

offense that the actor intended to conceal the abuse or neglect. 

False Reporting

Fam. Code § 261.107

A person commits an offense if, with the intent to deceive, he or she knowingly makes a report of child abuse or neglect that is false. 

An offense under this subsection is:

• A State jail felony

• A felony of the third degree if the person has previously been convicted under this section

A person who is convicted of an offense under this section shall:

• Pay any reasonable attorney's fees incurred by the person who was falsely accused of abuse or neglect

• Be liable to the State for a civil penalty of $1,000

Utah

Failure to Report 

Ann. Code § 62A-4a-411 

Any person, official, or institution required to report a case of suspected child abuse, child sexual abuse, neglect, fetal alcohol 

syndrome, or fetal drug dependency who willfully fails to do so is guilty of a Class B misdemeanor.

Action for failure to report must be commenced within 4 years from the date of knowledge of the offense and the willful failure to 

report. 

False Reporting

This issue is not addressed in the statutes reviewed. 

Vermont 

Failure to Report 

Ann. Stat. Tit. 33, § 4913(d)(2); (f)

An employer or supervisor shall not discharge; demote; transfer; reduce pay, benefits, or work privileges; prepare a negative work 

performance evaluation; or take any other action detrimental to any employee because that employee filed a good faith report in 

accordance with the provisions of this subchapter. Any person making a report under this subchapter shall have a civil cause of action 

for appropriate compensatory and punitive damages against any person who causes detrimental changes in the employment status 

of the reporting party by reason of his or her making a report.

A person who violates the law requiring mandated reporters to report suspected child abuse or neglect shall be fined no more than 

$500.

A person who violates the reporting laws with the intent to conceal abuse or neglect of a child shall be imprisoned no more than 6 

months or fined for no more than $1,000, or both. 

False Reporting

This issue is not addressed in the statutes reviewed. 
Penalties for Failure to Report and False Reporting of Child Abuse and Neglect https://www.childwelfare.gov

20

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. 

This publication is available online at https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/report/.

Virgin Islands 

Failure to Report 

Ann. Code Tit. 5, § 2539

Any person, official, or institution required by this subchapter to report a case of alleged child abuse, sexual abuse, or neglect, or 

to perform any other act, who knowingly fails to do so, shall be guilty of a misdemeanor and shall be fined no more than $500 or 

imprisoned for no more than 1 year, or both. 

False Reporting

Ann. Code Tit. 14, §§ 2146(c); 2144(a)

A person is guilty of falsely reporting an incident in the second degree when, knowing the information reported, conveyed, or 

circulated to be false or baseless, he or she reports, by word or action, to the Department of Human Services or Department of 

Health an alleged occurrence of child abuse or maltreatment that did not, in fact, occur or exist. A person who is found guilty of 

reporting an incident in the second degree shall be:

• Fined $5,000

• Imprisoned for no less than 5 years

Virginia 

Failure to Report 

Ann. Code § 63.2-1509(D)-(E)

Any person required to file a report pursuant to this section who fails to do so as soon as possible, but no longer than 24 hours after 

having reason to suspect a reportable offense of child abuse or neglect, shall be fined no more than $500 for the first failure and, 

for any subsequent failures, no less than $1,000. In cases evidencing acts of rape, sodomy, or object sexual penetration, § 18.2-61, et 

seq., a person who knowingly and intentionally fails to make the report required pursuant to this section shall be guilty of a Class 1 

misdemeanor.

No person shall be required to make a report pursuant to this section if the person has actual knowledge that the same matter has 

already been reported to the local department or the department's toll-free child abuse and neglect hotline. 

False Reporting

Ann. Code § 63.2-1513(A)

Any person age 14 or older who makes or causes to be made a report of child abuse or neglect that he or she knows to be false shall 

be guilty of a Class 1 misdemeanor.

Any person age 14 or older who has been previously convicted under this subsection and who is subsequently convicted of making a 

false report of child abuse or neglect shall be guilty of a Class 6 felony. 

Washington 

Failure to Report 

Rev. Code §§ 26.44.080; 9A.20.021 

Every person who is required to make a report pursuant to the reporting laws and who knowingly fails to make such a report shall be 

guilty of a gross misdemeanor.

Every person convicted of a gross misdemeanor shall be punished by imprisonment in the county jail for up to 364 days or a fine of 

no more than $5,000, or both. 

This section applies to only those crimes committed on or after July 1, 1984. The fines in this section apply to adult offenders only. 

False Reporting

Rev. Code §§ 26.44.060(4); 9A.20.021

A person who intentionally and in bad faith knowingly makes a false report of alleged abuse or neglect shall be guilty of a 

misdemeanor.
Penalties for Failure to Report and False Reporting of Child Abuse and Neglect https://www.childwelfare.gov

Every person convicted of a misdemeanor shall be punished by imprisonment in the county jail for no more than 90 days or a fine of 

no more than $1,000, or both.

This section applies to only those crimes committed on or after July 1, 1984. The fines in this section apply to adult offenders only. 

West Virginia 

Failure to Report 

Ann. Code § 49-2-812 

Any person, official, or institution required by this article to report a case involving a child known or suspected to be abused 

or neglected who knowingly fails to do so or knowingly prevents another person acting reasonably from doing so, is guilty of a 

misdemeanor and, upon conviction, shall be confined in jail not more than 90 days or fined not more than $5,000, or both fined and 

confined.

Any person, official, or institution required by this article to report a case involving a child known or suspected to be sexually 

assaulted or sexually abused, or student known or suspected to have been a victim of any nonconsensual sexual contact, sexual 

intercourse, or sexual intrusion on school premises, who knowingly fails to do so or knowingly prevents another person acting 

reasonably from doing so, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail not more than 6 months 

or fined not more than $10,000, or both. 

False Reporting

This issue is not addressed in the statutes reviewed. 

Wisconsin 

Failure to Report 

Ann. Stat. § 48.981(6) 

Whoever intentionally violates the reporting laws by failure to report as required may be fined no more than $1,000 or imprisoned for 

no more than 6 months, or both. 

False Reporting

This issue is not addressed in the statutes reviewed. 

Wyoming 

Failure to Report 

Ann. Stat. § 14-3-205

Any employer, public or private, who discharges, suspends, disciplines, or penalizes an employee solely for making a report of 

neglect or abuse is guilty of a misdemeanor punishable by imprisonment for no more than 6 months or a fine of no more than $750, 

or both. 

False Reporting

Ann. Stat. § 14-3-205(d)

Any person who knowingly and intentionally makes a false report of child abuse or neglect, or who encourages or coerces another 

person to make a false report, is guilty of a misdemeanor that is punishable by imprisonment for no more than 6 months or a fine of 

no more than $750, or both. 

U.S. Department of Health and Human Services 

Administration for Children and Families 

Administration on Children, Youth and Families 

Children’s Bureau