Penalties for Failure to Report and False Reporting of Child Abuse and Neglect - North Dakota

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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.

False Reporting

Citation: Cent. Code § 50-25.1-13

Any person who willfully makes a false report or provides false information that causes a report to be made 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 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 also is liable in a civil action for all damages suffered by the person reported, including exemplary damages.