DRAFT CSC, Title 23.  Family Law
 
CHAPTER 9
Child Abuse

1601.  Declaration of policy.
1602.  Definitions.
1603.  Reporting procedure.
1604.  Immunity of reporting persons from liability.
1605.  Physician-patient privilege not applicable.
1606.  Violation; penalties.

      1601.  Declaration of policy.
     It is the policy of the Chuuk State Trust Territory Government to provide for the protection of children who have injuries inflicted upon them and who, in the absence of appropriate reports concerning their conditions and circumstances, may be further threatened or injured by the conduct of those responsible for their care and protection.

Source:  (P.L. No. 7_131, 1.)  39 TTC 451, modified.

      1602.  Definitions.
     When used in this Chapter, unless the specific content indicates otherwise:

     (1 2)  "Abuse" means any case in which a child exhibits evidence of skin bruising, bleeding, sexual molestation, burns, fracture of any bone, subdural hematoma, soft-tissue swelling, and such condition or death is not justifiably explained, or the history given concerning such condition or death is at variance with the degree or type of such condition or death, or the circumstances indicate that such condition or death may not be the product of an accidental occurrence.

     (2 1)  "Child" means any person under 18 eighteen years of age.

     (3)  "Person" means any physician, dentist, including interns, health assistant, medex, nurse or practical nurse, school teacher or other school official, day care worker, peace officer or law enforcement official.

Source: (P.L. No. 7_131, 2.) 39 TTC 452, terms put in alphabetical order and Section modified.

      1603.  Reporting procedure.

     (1)  Every person examining, attending, teaching or treating a child and having reason to believe that such child has had serious injury or injuries, either physical or mental, inflicted upon him or her as a result of abuse, shall report the matter promptly to the chief of police of the district involved; provided that when attendance with respect to a child is pursuant to the performance of services as a member of the staff of a district hospital or a government medical facility in the district center of the administrative district, such staff member shall immediately notify the district director of health services or another person in charge who shall make the report forthwith.

     (2)  If the person attending a child is a school teacher or other school official he shall report such abuse to his supervisor or other person in charge of the school and such matter shall then be promptly reported by the latter to the chief of police.

     (3)  If the report is not made in writing in the first instance, it shall be reduced to writing by the maker thereof as soon as possible after it is initially made by telephone or otherwise, and shall contain the name and address of the child and his or her parents or other persons responsible for his or her care if known, the child's age, the nature and extent of the child's injuries, including any evidence of previous injuries, and any other information that the maker of the report believes might be helpful in establishing the cause of the injuries and the identity of the person or persons responsible therefor.

Source:  (P.L. No. 7_131, 3.)  39 TTC   453, text divided into three Subsections and Section modified.

      1604. Immunity of reporting persons from liability.
     Anyone participating in good faith in the making of a report pursuant to this Chapter shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed.  Likewise, any such participant shall have full immunity with respect to any evidence, oral or written, or any other testimony which he or she might provide in any judicial proceeding resulting from such report.

Source:  (P.L. No. 7_131, 4.)  39 TTC   454.

      1605.  Physician-patient privilege not applicable.
     In any proceeding resulting from a report made pursuant to this Chapter or in any proceeding where such a report or any contents thereof are sought to be introduced in evidence, such report or contents or any other fact or facts related thereto or to the condition of the child who is the subject of the report shall not be excluded on the ground that the matter is or may be the subject of a physician-patient  privilege.

Source:  (P.L. No. 7_131, 5.)  39 TTC 455.

      1606.  Violations; penalties.
     Anyone knowingly and wilfully violating the provisions of this act Chapter shall be guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.

Source:  (P.L. No. 7_131, 6.)  39 TTC 456.