352.400. Ministers, duty to report child abuse and neglect--definitions--designation of an agent. - Missouri Statutes

Ministers, duty to report child abuse andneglect--definitions--designation of an agent.

352.400. 1. As used in this section, the following words and phrasesshall mean:

(1) "Abuse", any physical injury, sexual abuse, or emotional abuse,injury or harm to a child under circumstances required to be reportedpursuant to sections 210.109 to 210.183, RSMo;

(2) "Child", any person regardless of physical or mental condition,under eighteen years of age;

(3) "Minister", any person while practicing as a minister of thegospel, clergyperson, priest, rabbi, Christian Science practitioner, orother person serving in a similar capacity for any religious organizationwho is responsible for or who has supervisory authority over one who isresponsible for the care, custody, and control of a child or has access toa child;

(4) "Neglect", failure to provide the proper or necessary support orservices by those responsible for the care, custody, and control of achild, under circumstances required to be reported pursuant to sections210.109 to 210.183, RSMo;

(5) "Religious organization", any society, sect, persuasion, mission,church, parish, congregation, temple, convention or association of any ofthe foregoing, diocese or presbytery, or other organization, whether or notincorporated, that meets at more or less regular intervals for worship of asupreme being or higher power, or for mutual support or edification inpiety or with respect to the idea that a minimum standard of behavior fromthe standpoint of overall morality is to be observed, or for the sharing ofcommon religious bonds and convictions;

(6) "Report", the communication of an allegation of abuse or neglectpursuant to sections 210.109 to 210.183, RSMo.

2. When a minister or agent designated pursuant to subsection 3 ofthis section has reasonable cause to suspect that a child has been or maybe subjected to abuse or neglect under circumstances required to bereported pursuant to sections 210.109 to 210.183, RSMo, the minister ordesignated agent shall immediately report or cause a report to be made asprovided in sections 210.109 to 210.183, RSMo. Notwithstanding any otherprovision of this section or sections 210.109 to 210.183, RSMo, a ministershall not be required to report concerning a privileged communication madeto him or her in his or her professional capacity.

3. A religious organization may designate an agent or agents requiredto report pursuant to sections 210.109 to 210.183, RSMo, in an officialcapacity on behalf of the religious organization. In the event a minister,official or staff member of a religious organization has probable cause tobelieve that the child has been subjected to abuse or neglect undercircumstances required to be reported pursuant to sections 210.109 to213.183, RSMo, and the minister, official or staff member of the religiousorganization does not personally make a report pursuant to sections 210.109to 210.183, RSMo, the designated agent of the religious organization shallbe notified. The designated agent shall then become responsible for makingor causing the report to be made pursuant to sections 210.109 to 210.183,RSMo. This section shall not preclude any person from reporting abuse orneglect as otherwise provided by law.

(L. 2002 S.B. 923, et al., A.L. 2003 H.B. 445)