§ 8.50.045. Failure of a mandatory reporter to report abuse or neglect of a minor.

A.

Purpose. The purpose of this section is to protect children under 18 years of age whose health and well-being may be adversely affected through the infliction, by other than accidental means, of harm through physical injury or neglect, mental injury, sexual abuse, sexual exploitation, or maltreatment, by incorporating by reference the Alaska Statutes requiring certain persons to report these cases to the state department of health and social services, office of children's services, or a peace officer. It is not the intent of the assembly that persons required to report suspected abuse or neglect of a minor under this section investigate the suspected abuse or neglect before they make the required report to the department, nor ignore their statutory duty to report when there is a reasonable cause to suspect a minor is a victim of abuse or neglect. Persons required to report should not hesitate to report and delay as they weigh the consequences of reporting and the effect it may have on the person's relationship of trust and authority with the minor. The intent of the assembly is to provide for penalties for failures to report, to make sure that investigations regarding abuse and neglect of minors are conducted by trained investigators of the state, and to avoid subjecting a minor to duplicative interviews about the abuse or neglect, or to ongoing abuse or neglect harmful to the minor's present and long-term mental and physical well-being.

B.

State mandatory reporter laws incorporated. The following state laws are hereby incorporated by reference:

1.

The requirement of AS 47.17.020(a) that certain persons who have reasonable cause to suspect that a minor has suffered harm as a result of abuse or neglect to immediately report the harm to the nearest office of the state department of health and social services, office of children's services.

2.

The requirement of AS 47.17.023 that certain persons providing, either privately or commercially, processing, production, or finishing services, or computer or internet services who observes a visual medium or other matter and has reasonable cause to suspect it depicts a minor engaged in conduct described in AS 11.41.455(a) to immediately report the observation to the nearest law enforcement agency.

3.

The immunity of AS 47.17.050, including the exceptions thereto, provided to a person who, in good faith, makes a report as required by this section and the state statutes incorporated herein.

4.

The definitions provided in AS 47.17.290.

5.

The provisions of AS chapter 47.17, except where the context clearly refers to a state department or process, and only where reasonable and necessary to give meaning and effect to paragraphs 1 through 4.

C.

It is unlawful for any person to fail to comply with the immediate reporting requirements of subsection B.1. or B.2. and who knew or should have known that the circumstances required the person to report.

D.

Employer and organization culpability. Except as otherwise expressly provided, an organization is legally accountable for a failure to report constituting a violation of subsection C., if:

1.

The failure to report is by a person who is an agent or employee of the organization who is required to report, and

a.

The circumstances requiring a report came to the person's attention within the scope and course of employment; and

b.

The employer organization was made aware of circumstances requiring a report and knowingly directed the person not to report, subsequently ratified the person's failure to report, or subsequently supported the person's failure to report; or

2.

The organization recklessly failed to properly train or supervise the person with respect to the duty to report as required by law and that omission is a substantial cause for the person's failure to report.

E.

Convictions reported to licensing authority. Upon the conviction of a person for a violation of subsection C., the municipal prosecutor shall send written notice of such conviction to the state department, board, or commission, as may be applicable, that issues or regulates a professional or occupational license or certificate held by that person.

F.

In sentencing a defendant under this section, the court may consider as an aggravating factor whether there were additional incidents of child abuse or neglect against the same child victim, or by the perpetrator(s) of the abuse or neglect against any victim, occurring subsequent to the time when the circumstances required the duty to report and on which the defendant's conviction under this section is based.

G.

Violation of subsection C. is a class A misdemeanor and punishable in accordance with subsection 8.05.020H. Violation of subsection D. is a class A misdemeanor and the organization is punishable in accordance with AS 12.55.035.

(AO No. 2018-34(S) , § 1, 7-26-18)

State law reference

Child Protection, AS 47.17; Fines, AS 12.55.035.