Mandatory reporting of child fatality or near fatality; mandatory reporters; reporting procedure and contents; confidentiality of reports; reporter immunity; penalties.

Miss. Code Ann. § 41-111-3
in effect
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Mandatory reporters: All law enforcement officers, firefighters, child protection service employees, medical care personnel, doctors, nurses, medical examiners, coroners, health care providers, and all agents and employees of the State Medical Examiner’s office, and any other persons who are designated as mandatory reporters under Section 43-21-353(1) who have knowledge or information concerning a “child fatality” or child “near fatality” must make a report to the State Child Abuse Hotline. Definitions. “Child fatality” or “child death” means the sudden and unexpected, or otherwise unexplained death of a child who is between the ages of birth and eighteen (18) years. “Child near fatality” or “child near death” incident includes all occurrences where a child’s physical condition is medically diagnosed as “serious” or “critical” if there is some indication or suggestion that the child’s injuries may have been caused by abuse, neglect, or an unexplained cause. Mandatory reporting requirement. A mandatory reporter must make a report if it would be reasonable for the mandatory reporter to suspect that a child death or child near fatality was caused by abuse, neglect, or occurred unexpectedly due to an unexplained cause. Reports to the Child Abuse Hotline must be made in all circumstances involving child fatalities and near fatalities, including, but not limited to, situations where: Abuse or neglect is the suspected cause of a child’s sudden or unexpected death; There is a medical diagnosis of “sudden unexplained infant death” (SUID); The cause of death of any child is unexplained; The child is the victim of suspected sexual abuse or sexual exploitation, and physical injury has resulted that has been medically diagnosed as “serious” or “critical”; and Severe abuse or neglect is suspected, or an unexplained cause resulted in severe physical injury or trauma to a child that resulted in a medical diagnosis that the child’s condition was “serious” or “critical,” or which required hospitalization in an intensive care unit of a hospital. Mandatory reporting procedure. A report required under subsection (2) must be made immediately to the State Child Abuse Hotline. Except as otherwise provided in this subsection, a mandatory reporter may not delegate to any other person the responsibility to report, but must make the report personally. Contents of the report. The report must identify, to the extent known to the reporter, the following: The name and address of the minor victim; The name and address of the minor’s caretaker; Any other pertinent information known to the reporter. Confidentiality.Reports made under this section are not public records. Reports made under this section and the identity of the mandatory reporter shall be confidential, except when the court determines the testimony of the person reporting to be material to a judicial proceeding, so that the identity of the reporter is released to law enforcement agencies and the appropriate prosecutor. In those circumstances, the identity of the reporting party shall not be disclosed to anyone other than law enforcement or prosecutors except under court order. Violation of this confidentiality requirement is a misdemeanor punishable by imprisonment not to exceed six (6) months, a fine not to exceed One Thousand Dollars, ($1,000.00), or both. Disclosure of any information by the prosecutor shall conform to the Mississippi Uniform Rules of Circuit and County Court Procedure. Penalties. Failure to make a mandatory report required under this section will be punished as follows: Immunity. A mandatory reporter who makes a required report under this section or participates in a judicial proceeding resulting from a mandatory report is presumed to be acting in good faith. A health care practitioner or health care facility is immune from any penalty, civil or criminal, for good-faith compliance with any rules and regulations adopted pursuant to this section. A person or institution reporting in good faith is immune from any liability, civil or criminal, that might otherwise be incurred or imposed. A person who is convicted of a first offense of failure to make a report as required under this section is guilty of a misdemeanor and shall be fined not more than Five Hundred Dollars ($500.00). A person who is convicted of a second offense of failure to make a report as required under this section is guilty of a misdemeanor and shall be fined not more than One Thousand Dollars ($1,000.00), imprisoned for not more than thirty (30) days, or both. A person who is convicted of a third or subsequent offense of failure to make a report as required under this section is guilty of a misdemeanor and shall be fined not more than Five Thousand Dollars ($5,000.00), imprisoned for not more than one (1) year, or both.

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