1. Any dentist; optometrist; dental hygienist; medical examiner or coroner; tier 1 mental
health professional, tier 2 mental health professional, tier 3 mental health professional,
or tier 4 mental health professional as defined under section 25-01-01; or any other
medical or mental health professional, religious practitioner of the healing arts,
schoolteacher or administrator, school counselor, child care worker, foster parent,
police or law enforcement officer, juvenile court personnel, probation officer, division of
juvenile services employee, licensed social worker, family service specialist, child care
licensor, or member of the clergy having knowledge of or reasonable cause to suspect
a child is abused or neglected, or has died as a result of abuse or neglect, shall report
the circumstances to the department if the knowledge or suspicion is derived from
information received by that individual in that individual’s official or professional
capacity. A member of the clergy, however, is not required to report such
circumstances if the knowledge or suspicion is derived from information received in the
capacity of spiritual adviser.
2. Any person having reasonable cause to suspect a child is abused or neglected, or has
died as a result of abuse or neglect, may report such circumstances to the department.
3. A person having knowledge of or reasonable cause to suspect a child is abused or
neglected, based on images of sexual conduct by a child discovered on a workplace
computer, shall report the circumstances to the department.
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, as defined in section 12.1-02-02, fails to do so is guilty of a class B misdemeanor. Any person who willfully, as defined in section 12.1-02-02, makes a false report, or provides false information which causes a report to be made, under this chapter 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 false 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, under this chapter is also liable in a civil action for all damages suffered by the person reported, including exemplary damages.
Year of enactment1975
Last Amended2019, 1995