2005 Idaho Code - 16-1605 — REPORTING OF ABUSE, ABANDONMENT OR NEGLECT

                                  TITLE  16
                             JUVENILE PROCEEDINGS
                                  CHAPTER 16
                             CHILD PROTECTIVE ACT
    16-1605.  REPORTING OF ABUSE, ABANDONMENT OR NEGLECT. (1) Any physician,
resident on a hospital staff, intern, nurse, coroner, school teacher, day care
personnel, social worker, or other person having reason to believe that a
child under the age of eighteen (18) years has been abused, abandoned or
neglected or who observes the child being subjected to conditions or
circumstances which would reasonably result in abuse, abandonment or neglect
shall report or cause to be reported within twenty-four (24) hours such
conditions or circumstances to the proper law enforcement agency or the
department. The department shall be informed by law enforcement of any report
made directly to it. When the attendance of a physician, resident, intern,
nurse, day care worker, or social worker is pursuant to the performance of
services as a member of the staff of a hospital or similar institution, he
shall notify the person in charge of the institution or his designated
delegate who shall make the necessary reports.
    (2)  For purposes of subsection (3) of this section the term "duly
ordained minister of religion" means a person who has been ordained or set
apart, in accordance with the ceremonial, ritual or discipline of a church or
religious organization which has been established on the basis of a community
of religious faith, belief, doctrines and practices, to hear confessions and
confidential communications in accordance with the bona fide doctrines or
discipline of that church or religious organization.
    (3)  The notification requirements of subsection (1) of this section do
not apply to a duly ordained minister of religion, with regard to any
confession or confidential communication made to him in his ecclesiastical
capacity in the course of discipline enjoined by the church to which he
belongs if:
    (a)  The church qualifies as tax-exempt under 26 U.S.C. section 501(c)(3);
    (b)  The confession or confidential communication was made directly to the
    duly ordained minister of religion; and
    (c)  The confession or confidential communication was made in the manner
    and context which places the duly ordained minister of religion
    specifically and strictly under a level of confidentiality that is
    considered inviolate by canon law or church doctrine. A confession or
    confidential communication made under any other circumstances does not
    fall under this exemption.
    (4)  Failure to report as required in this section shall be a misdemeanor.