Failure to report suspected child abuse can result in criminal liability, although the liability is typically a misdemeanor punishable by a fine. Failure to report can result in civil liability. Jennifer L. Cox and Jennifer A. Osowiecki. As a matter of public policy, prosecutors should be extremely selective in initiating false reporting prosecutions so that reporting is not discouraged. Confidentiality and Privileges.
Some statutes expressly provide that all confidential privileges are abrogated.
Some states provide an exemption for clergyman who receive information in the context of a sacred communication or confession. This raises the issue of whether pastoral counselors in private practice can assert the privilege. American Bar Association Standards of Practice For Lawyers Representing a Child in Abuse and Neglect Cases . All states require the report to be made to some type of law enforcement authority or child protection agency. Reporting to a parent or relative will not satisfy the reporter's legal duty under the statutes.