FAQ: Must a hospital or health care provider report the rape or rape crisis treatment of a minor to a child protective services agency?

Generally, no. Confidentiality means that a provider also may not report the crime or treatment to outside agencies, unless otherwise required by law. [30] However, when the provider [31] has reasonable cause [32] to believe that a minor patient is abused [33] or neglected, [34] the provider must report this suspicion to the State Central Register of Child Abuse and Maltreatment. [35] New York law limits child abuse and neglect to those offenses committed by a parent or other person responsible for a child's care, or where the caregiver allowed [36] abuse or neglect to occur. Thus, a report would be proper where the minor was sexually abused by a parent or legal guardian, or where a parent or legal guardian should have known about the abuse and did not take steps to prevent or stop it. No report should be made of minors who engage in consensual sex with a non-relative, [37] or who are raped by a peer or by a stranger, unless the rape was the result of parental or guardian abuse or neglect. For a more complete discussion of the responsibilities of health care providers to make reports to child protective services agencies relating to a minor's sexual activity, please refer to the NYCLU RRP publication, "Child Abuse Reporting and Teen Sexual Activity: Clarifying Some Common Misconceptions."

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