Twenty-eight states and Guam specifically identify clergy members as mandatory reporters. In 18 states and Puerto Rico, anyone is required to report suspected child abuse or neglect. At the same time, HHS says that “most states” protect clergy-penitent privilege. The report continues:
This privilege, however, is not absolute. While clergy-penitent privilege is frequently recognized within the reporting laws, it is typically interpreted narrowly in the context of child abuse or neglect. The circumstances under which it is allowed vary from State to State, and in some States it is denied altogether. For example, among the States that list clergy as mandated reporters, Guam, New Hampshire, and West Virginia deny the clergy-penitent privilege in cases of child abuse or neglect. Four of the States that enumerate “any person” as a mandated reporter (North Carolina, Oklahoma, Rhode Island, and Texas) also deny clergy-penitent privilege in child abuse cases.
Whether or not states protect client-penitent privilege has significant consequences. Earlier this month, the state of Montana overturned a $35 million settlement that would have gone to a woman who said she was abused by clergy members with the Jehovah’s Witnesses. The Montana Supreme Court based its decision to reverse the 2018 verdict on the fact that state law protects clergy-penitent privilege.
