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How to Report

North Dakota (ND)

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Who is required to report?

Citation: Cent. Code §§ 50-25.1-03; 25-01-01

The following professionals are required to report:

  • Dentists, dental hygienists, optometrists, medical examiners or coroners, or any other medical or mental health professionals
  • Tier 1, tier 2, tier 3, or tier 4 mental health professionals, as defined under § 25-01-01
  • Religious practitioners of the healing arts
  • Schoolteachers, administrators, or school counselors
  • Child care workers or foster parents
  • Police or law enforcement officers, juvenile court personnel, probation officers, or division of juvenile services employees
  • Licensed social workers, family services specialists, or child care licensors
  • Members of the clergy

Mental health professionals are classified as follows:

  • Tier 1 mental health professionals include licensed psychiatrists, psychologists, physicians, or physician assistants, and advanced practice registered nurses
  • Tier 2 mental health professionals include licensed independent clinical social workers, professional clinical counselors, marriage and family therapists, addiction counselors, and registered nurses
  • Tier 3 mental health professionals include licensed associate professional counselors, master social workers, baccalaureate social workers, professional counselors, associate marriage and family therapists, occupational therapists, practical nurses, behavior analysts, vocational rehabilitation counselors, school psychologists, and human relations counselors
  • Tier 4 mental health professionals include direct care associates or technicians

When is a report required?

Citation: Cent. Code § 50-25.1-04

All mandated reporters shall immediately report cases of known or suspected abuse or neglect to the Department of Human Services. Oral reports must be followed by written reports within 48 hours if requested by the department.

What information should the report include?

Citation: Cent. Code § 50-25.1-04

A report about a pregnant woman who has used a controlled substance (as described above) must be sufficient to identify the woman, the nature and extent of use, if known, and the name and address of the individual making the report.

Failure to report

Citation: Cent. Code §§ 50-25.1-13; 50-25.1-09.1

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 fails to do so is guilty of a class B misdemeanor.

An employer who retaliates against an employee solely because the employee in good faith reported having reasonable cause to suspect that a child was abused or neglected, died as a result of abuse or neglect, or because the employee is a child with respect to whom a report was made, is guilty of a class B misdemeanor. It is a defense to any charge brought under this section that the presumption of good faith, described in § 50-25.1-09, has been rebutted.

The employer of a person required or permitted to report pursuant to § 50-25.1-03 who retaliates against the person because of a report of abuse or neglect, or a report of a death resulting from child abuse or neglect, is liable to that person in a civil action for all damages, including exemplary damages, costs of the litigation, and reasonable attorney's fees.