A. Mandatory Reporting of Compliance with the AG Guidelines

The Director, Office for Victims of Crime (OVC), has the statutory responsibility for monitoring Justice Department compliance with the AG Guidelines. (42 U.S.C. § 10603(c)(3)(A)) Since 1982, responsible officials have reported to the Attorney General, through the OVC Director, on the status of their AG Guidelines compliance efforts in the annual Best Efforts Report. Responsible officials shall continue to report annually to the Attorney General through the OVC Director about their AG Guidelines compliance through the Best Efforts Report and any modified monitoring system that succeeds it.

B. Performance Appraisal

The Attorney General directs that the annual work plans and performance appraisals of each appropriate Federal law enforcement officer, supervisor, investigator, prosecutor, and corrections officer (and appropriate staff of those agencies) include, as a required activity, implementation of and evaluation of adherence or nonadherence with the victims' rights and victims' and witnesses' services provisions set forth in these guidelines. All investigatory, prosecutorial, and correctional components with victims' rights and services responsibilities should include compliance with victims' rights responsibilities in the review and evaluation criteria of their offices. Verification of the institution of this recommendation must be included in the annual Best Efforts Report.

C. Mandatory Training

Responsible officials shall ensure that employees whose responsibilities include contact with crime victims and witnesses receive a copy of the AG Guidelines and attend, at a minimum, a one-hour training session concerning these AG Guidelines and victims' and witnesses' rights within 60 days of assuming these responsibilities. Current employees whose responsibilities include contact with crime victims and witnesses shall receive the same training within a reasonable time after the promulgation of this 2000 edition of the AG Guidelines. Responsible officials shall ensure that those same employees receive additional training within a reasonable time after any subsequent legislation that substantially alters these rights.

D. Reporting Suspected Cases of Child Abuse

All Federal law enforcement personnel have obligations under State and Federal law to report suspected child abuse. All Federal employees should refer to their State child abuse reporting laws to determine the scope of the obligation in cases of suspected child abuse. Moreover, when the suspected child abuse is observed on Federal lands, the Federal child abuse reporting law also applies. The Federal child abuse reporting law requires certain professionals (listed below) working on Federal land or in a Federally operated (or contracted) facility, in which children are cared for or reside, to report suspected child abuse to an investigative agency designated to receive and investigate such reports. (42 U.S.C. § 13031)

Commentary

A report should be made even if the information inadvertently comes to the employee's attention, but not if the suspected child abuse has already been reported and is the subject of an existing report or investigation.

1. Sanctions for Failure to Report. A covered professional who, while working on Federal land or in a Federally operated (or contracted) facility, in which children are cared for or reside, learns of facts that give reason to suspect that a child has suffered an incident of child abuse, but fails to report, is guilty of a Class B misdemeanor. (18 U.S.C. § 2258)

2. Mandated Reporters (covered professionals). Persons engaged in the following professions and activities on Federal land or in a Federally operated (or contracted) facility are subject to the Federal child abuse reporting requirements.
   1. Health care professionals. Physicians, dentists, medical residents or interns, hospital personnel and administrators, nurses, health care practitioners, chiropractors, osteopaths, pharmacists, optometrists, podiatrists, emergency medical technicians, ambulance drivers, undertakers, coroners, medical examiners, alcohol or drug treatment personnel, and persons performing a healing role or practicing the healing arts.

   2. Mental health professionals. Psychologists, psychiatrists, and mental health professionals.

   3. Counselors. Social workers, licensed or unlicensed marriage, family, and individual counselors.

   4. Educators. Teachers, teacher's aides or assistants, school counselors and guidance personnel, school officials, and school administrators.

   5. Child care workers and administrators.

   6. Law enforcement. Law enforcement personnel, probation officers, criminal prosecutors, and juvenile rehabilitation or detention facility employees.

   7. Foster parents.

   8. Commercial film and photo processors.

   (42 U.S.C. § 13031(b))

3. Agencies Designated to Receive Reports. Reports of child abuse required by 42 U.S.C. § 13031 shall be made to the local law enforcement agency or local child protective services agency that has jurisdiction to investigate reports of child abuse or to protect child abuse victims in the land area or facility in question. If the appropriate agency is not a Federal agency, it must enter into a formal written agreement to receive and investigate the reports with the Attorney General, her delegate, or a Federal agency with jurisdiction for the area or facility in question.

   For Federal lands, Federally operated facilities, or Federally contracted facilities where no agency qualifies for designation under the above paragraph, the FBI has been designated as the agency to receive and investigate reports of child abuse made pursuant to 42 U.S.C. § 13031. (28 CFR Part 81, AG Order No. 1833-93)

   Where a report of child abuse received by a designated agency that is not a law enforcement agency involves allegations of sexual abuse, serious physical injury, or life-threatening neglect of a child, that agency is required to immediately report such occurrence to a law enforcement agency with authority to take emergency action to protect the child, which may include removal of the child for the child's protection.

4. Verbal Reports Preferred. The report of suspected child abuse should be made by a method best suited to giving immediate notice, usually verbally, in person or by telephone, or by facsimile. Reporters should document their report in the same manner that they document other important work-related actions. Responsible officials may develop written reporting forms for this purpose. (see 42 U.S.C. § 13031(e) (use of a form is encouraged, but shall not take the place of the immediate making of oral reports when circumstances dictate)) Reports may be made anonymously. Reports are presumed to have been made in good faith and reporters are immune from civil and criminal liability arising from the report unless they act in bad faith. (42 U.S.C. § 13031(f))

5. Reporting in Indian Country. Reporting child abuse in Indian Country is governed by 18 U.S.C. § 1169 and 25 U.S.C. § 3203. Health care professionals, school employees, child care providers, social workers, mental health professionals and counselors, law enforcement officers, probation officers, workers in a juvenile rehabilitation or detention facility, or persons employed in a public agency who are responsible for enforcing statutes and judicial orders, are among those required to report reasonable suspicions that a child has been or may reasonably be expected to be abused. 18 U.S.C. § 1169(a)(1)(H) (full listing of mandated reporters). Reports are to be made to the Federal, State, or Tribal agency with primary responsibility for child protection or the investigation of child abuse within the portion of Indian Country involved. If the report involves a potential crime and either an Indian child is involved or the alleged abuser is an Indian, the local law enforcement agency (if other than the FBI) is required to make an immediate report to the FBI. (25 U.S.C. § 3203(b)(2)) The agency receiving the initial report is required to prepare a written report describing the child, the alleged abuser, and the facts related to the abuse allegation within 36 hours. (25 U.S.C. § 3203(c)(1))

E. Victim Privacy

To the extent allowed by law, the Department of Justice employees engaged in investigation or prosecution of crimes, consistent with the purposes of 42 U.S.C. § 10606(b)(1), should respect a victim's privacy. In particular, Department of Justice employees should use their best efforts to respect the privacy and dignity of especially vulnerable victims such as sex offense victims, domestic violence victims, child victims, and elderly victims.

Commentary

This guideline is not intended to suggest that an investigator or prosecutor restrict in any way the scope of questioning undertaken to thoroughly investigate or prosecute a case. Rather, it is intended to remind all employees to treat victims with dignity and respect. Moreover, employees should be aware that in some situations, they may be in a position to assist in protecting a victim's privacy, which employees can and should do. For example, under Federal Rule of Evidence 412, the admissibility of evidence about a victim's past sexual behavior or alleged sexual predisposition is generally inadmissible in court. Prosecutors should be aware of this evidentiary rule and use it when appropriate.