Under Vermont law, child abuse or neglect covers non-accidental physical or mental injury, sexual abuse or exploitation, serious neglect (failure to provide necessary care, supervision, medical services, food, shelter), abandonment, endangerment, or failure to meet a child’s basic needs. These definitions apply when a child under 18 is harmed or placed at substantial risk by a parent, guardian, caregiver, or other person responsible for their welfare.

(Source: Vermont General Assembly 33 V.S.A. § 4912)

Members of the clergy — including priests, ministers, rabbis, licensed religious practitioners, or any person performing official duties for a church or religious body — are mandated reporters in Vermont when they have “reasonable cause” to suspect child abuse or neglect. There is a clergy-penitent exception: a clergy member is not required to report if the information arises solely from a privileged/confidential spiritual communication, such as communication:

• made to a clergy member in their capacity as spiritual advisor
• intended to be confidential
• intended by the communicant to be an act of contrition or a matter of conscience
• required to be confidential by religious law, doctrine, or tenet

However, a clergy member is required to make a report when they receive information of child abuse or neglect in a manner outside of privileged communication even if they had also previously received this information regarding the same person within the confounds of privileged communication as described above.

(Source: Vermont General Assembly 33 V.S.A. § 4913)

In the State of Vermont, mandatory reporters include:

• health car providers (i.e. physicians, surgeons, osteopaths, chiropractors, or physician assistants; resident physicians; interns; hospital administrators; registered nurses; licensed practical nurses; medical examiners; emergency medical personnel; dentists; psychologists; pharmacists)
• individuals employed/contracted/paid by a school district/approved or recognized independent school (i.e. school superintendents; headmasters; school teachers; student teachers; school librarians; school principals; school guidance counselors)
• child care workers
• mental health professionals
• social workers
• probation officers
• camp owners, administrators, counselors
• members of clergy
• employees of the Office of the Child, Youth, and Family Advocate

Any person not specifically listed who has reasonable cause to believe a child has been abuse or neglected may make a report or cause one to be made.

Reports must be made within 24 hours of a mandated reporter receiving the information regarding the suspected abuse or neglect. Failing to do so may result in a fine up to $500, unless the intent is to conceal the abuse or neglect, cases of which are punishable by up to 6 months imprisonment and/or a fine up to $1000. Reporters may request information from the case records concerning their report, however, the information provided may not be disseminated by the reporter. Doing so may result in a fine up to $2,000. All reports made in good faith are immune from any civil or criminal liability and detrimental occupational repercussions.

Only members if the clergy are not required to make a report when information is received in communication that is:

• made to a clergy member in their capacity as spiritual advisor
• intended to be confidential
• intended by the communicant to be an act of contrition or a matter of conscience
• required to be confidential by religious law, doctrine, or tenet

Information received by a clergy member outside of these communications regarding suspected child abuse or neglect must be reported, even if they have also received a report of abuse or neglect about the same person/incident through the exempt communication described above.

(Source: Vermont General Assembly 33 V.S.A. § 4913, Mandated Reporting In Vermont)