§ 12-18-304 — Qualifying reports of certain types of child maltreatment

(a) (1) The Child Abuse Hotline shall accept a report of child maltreatment if any of the following intentional or knowing acts are alleged to occur: (A) Throwing, kicking, burning, biting, or cutting a child; (B) Striking a child with a closed fist; (C) Shaking a child four (4) years of age or older; or (D) Striking a child seven (7) years of age or older on the face or on the head. (2) A report under this subsection shall not be determined to be true unless the child suffered an injury as the result of the act. (b) The Child Abuse Hotline shall accept a report of child maltreatment if any of the following intentional or knowing acts are alleged to occur: (1) Shaking a child three (3) years of age or younger; (2) Striking a child six (6) years of age or younger on the face or on the head; (3) Interfering with a child's breathing; or (4) Pinching, biting, or striking a child in the genital area. (c) (1) The Child Abuse Hotline shall accept a report of child maltreatment if a child suffers an injury as the result of a restraint. (2) The report shall be determined not to be true if the injury is a minor temporary mark or causes transient pain and was an acceptable restraint as provided under this chapter. (d) [Repealed.] (e) The Child Abuse Hotline shall not accept a report of environmental neglect pertaining to head lice unless the: (1) Head lice is chronic; or (2) Alleged victim currently has sores that require immediate medical attention. (f) The Child Abuse Hotline shall not accept a report of giving a child or permitting a child to consume or inhale a poisonous or noxious substance as described in § 12-18-103(3)(A)(vii) (f) unless the alleged incident occurred within the previous three (3) months. (g) The Child Abuse Hotline shall accept a report regarding educational neglect if the: (1) Report alleges that a parent, custodian, or guardian of a child who is at least (6) years of age and under eighteen (18) years of age failed to enroll the child in school and lawfully home-school the child; or (2) Report alleges that: (A) An act or omission of a parent, custodian, or guardian of a child who is at least six (6) years of age and under eighteen (18) years of age caused the child to be absent from school; (B) The child's absence from school was not caused by the refusal of the child to attend school; (C) The child has been habitually absent from school without justification; and (D) The child's absence from school has had a negative impact on the child's performance at school. (h) The Child Abuse Hotline shall accept a report from a medical provider concerning a child eleven (11) years of age or younger if there is documented evidence of the child's being pregnant or having a sexually transmitted disease, despite insufficient evidence of child maltreatment.

Legislative History

Amended by Act 2023, No. 364,§ 9, eff. 8/1/2023. Amended by Act 2023, No. 364,§ 8, eff. 8/1/2023. Amended by Act 2019, No. 554,§ 3, eff. 7/24/2019. Amended by Act 2015, No. 1215,§ 2, eff. 7/22/2015. Amended by Act 2015, No. 1215,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 1026,§ 3, eff. 7/22/2015. Amended by Act 2013, No. 1486,§ 1, eff. 8/16/2013. Acts 2009, No. 749, § 1.