Failure to Report Abuse

Harmed Because an Institution or Mandated Reporter Failed to Report Abuse in Arizona? AZ Law Now Injury Attorneys Can Help Seek Accountability.

Certain professionals and, in Arizona, essentially all individuals, have a legal and moral duty to report suspected abuse or neglect of children and vulnerable adults to the appropriate authorities. When these mandatory or permissive reporters fail in this critical duty, and their silence or inaction allows abuse or neglect to continue or worsen, leading to further harm for the victim, they (and potentially their employers or institutions) may be held civilly liable. AZ Law Now Injury Attorneys is committed to holding all responsible parties accountable, including those who failed to protect victims by not reporting known or reasonably suspected abuse as required by Arizona law.
The failure to report can trap a victim in a cycle of abuse, and those who shirk this critical responsibility must answer for the devastating consequences of their inaction.

Understanding the Duty to Report Abuse in Arizona

Arizona has strong laws compelling the reporting of suspected mistreatment of its most vulnerable populations:

Child Abuse and Neglect (A.R.S. § 13-3620): In Arizona, any person who reasonably believes that a minor (a person under 18 years of age) is or has been the victim of physical injury, abuse, child abuse, a reportable offense, or neglect that appears to have been inflicted by nonaccidental means or that is not explained by the available medical history as being accidental in nature, shall immediately report or cause reports to be made of this information to a peace officer (except for cases of likelihood of imminent death or serious physical injury, then 911) or to the Department of Child Safety (DCS).
Specific “Mandatory Reporters” like physicians, nurses, school personnel, social workers, childcare providers, and clergy have explicit professional duties outlined, but the law extends the reporting obligation broadly.
Vulnerable Adult Abuse, Neglect, or Exploitation (A.R.S. § 46- 454): Certain professionals and caregivers who have responsibility for the care of a vulnerable adult and who have a reasonable basis to believe that abuse or neglect has occurred or that exploitation has been committed shall immediately report the information to a peace officer or to Adult Protective Services (APS). A vulnerable adult is an individual 18 years or older unable to protect themselves from
abuse, neglect, or exploitation due to a physical or mental impairment.
Permissive reporters (any other person who reasonably believes abuse, neglect, or exploitation has occurred) may report.

The threshold for reporting is based on reasonable belief or suspicion – not certainty or proof. The duty is to report the suspicion so that trained professionals (DCS, APS, law enforcement) can investigate.

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What is the "Failure to Report"?

Failure to report occurs when an individual, especially one with a clear
mandatory reporting duty, encounters a situation in the course of their
professional duties (or otherwise becomes aware) that gives them
reasonable grounds to suspect abuse, neglect, or exploitation of a child or
vulnerable adult, but they do not make a timely report to the appropriate
authorities (DCS, APS, or law enforcement) as required by Arizona law.

Consequences of Failing to Report Abuse:

When abuse or neglect goes unreported due to a mandated reporter’s silence or an institution’s policy of discouraging reports:

The victim remains trapped in a dangerous and harmful situation, often isolated and fearful.
The abuse or neglect frequently escalates or continues, leading to more severe and lasting physical, emotional, financial, or psychological harm.
The perpetrator is not identified or stopped and may go on to harm other vulnerable individuals.
The victim may feel profoundly betrayed, helpless, and that no one cares about their suffering.
Critical opportunities for intervention, protection, and healing are lost.

What to Do If You Suspect Abuse and a Failure to Report by Others

Report the Underlying Abuse Yourself Immediately:

If you suspect abuse or neglect of a child or vulnerable adult, do not assume someone else has reported it or will report it. Contact DCS at 1-888-SOS-CHILD for child abuse/neglect, or APS at 1-877-SOS-ADULT for vulnerable adult concerns. You can also report to local law enforcement. Your report can generally be made anonymously.

Prioritize the Victim's Safety and Well-being:

Ensure they receive
any necessary medical, psychological, or other support.

Document Your Concerns Meticulously:

Note why you suspect
abuse, who you believe failed in their duty to report it (and their role/institution), any communications you had with them about the suspected abuse, their response (or lack thereof), and the harm the victim suffered or continued to suffer.

Contact AZ Law Now Injury Attorneys:

If you believe a mandatory reporter’s or
institution’s failure to act led to preventable further harm for a victim, an experienced attorney can help evaluate the situation, explain the complex legal standards, and advise on potential legal action.

Civil Liability for Failure to Report Abuse in Arizona

Who Can Be Held Liable?

While failing to report can have criminal implications (misdemeanor
charges) for the mandatory reporter, victims who suffer additional or
continued harm because of this failure to report may also have grounds for a civil lawsuit. To succeed in such a claim, it generally must be proven that:

The defendant had a legal duty to report suspected abuse or neglect under Arizona law.
The defendant knew or had reasonable cause to believe (or, in some institutional contexts, should have known) that abuse, neglect, or exploitation was occurring or had occurred.
The defendant failed to make a report to the appropriate authorities (DCS, APS, law enforcement) as required.
This failure to report was a direct and proximate cause of the victim suffering further harm or continued abuse/neglect that could have been prevented or mitigated had a timely report been made.
The victim incurred actual damages as a result of that additional or continued harm.

Liability may extend to the individual who failed to report and/or the
institution (e.g., school, hospital, nursing home, church, youth organization) that employed them, especially if the institution fostered a culture of non-reporting, discouraged reports, failed to train employees on reporting duties, or had policies that hindered reporting.

Statute of Limitations for Civil Claims in Arizona

The statute of limitations for filing a personal injury lawsuit, including
claims related to harm exacerbated or caused by a failure to report abuse, is generally two years from the date the further harm occurred or was reasonably discovered (A.R.S. § 12-542).

The “discovery rule” is particularly crucial in these cases, as the
understanding that a failure to report contributed to ongoing harm might not be immediately apparent.
For Minors: The statute of limitations for personal injury is typically tolled (paused) until they reach the age of 18. This means the survivor generally has until their 20th birthday to file a lawsuit. For cases of child sexual abuse, Arizona law may provide for even longer periods to file a claim.
Claims Against Government Employees/Entities: If the mandatory reporter who failed to report was a public employee (e.g., a public school teacher, a state social worker in some capacities), or if the institution was a public entity, the 180-day Notice of Claim deadline and one-year statute of limitations to sue the government entity or employee will likely apply. These are very strict deadlines.

How AZ Law Now Injury Attorneys Can Help Seek Accountability for Failures to Report

AZ Law Now Injury Attorneys is dedicated to protecting vulnerable individuals and holding accountable those whose inaction and failure to report leads to further suffering and preventable trauma. We can:

Offer a free, confidential consultation to thoroughly discuss the specifics of your case.
Investigate whether a mandatory reporter or institution had knowledge or reasonable suspicion of abuse and breached their legal duty to report under Arizona law.
Assess and work to prove how this failure to report directly led to additional, preventable harm to the victim.
Work with investigators and experts to gather evidence to support your claim.
Fight vigorously for full compensation for all damages suffered due to the original abuse and the harm exacerbated or continued due to the failure to report.
Strive to bring about systemic changes in institutions to ensure better training, compliance with reporting laws, and a culture that prioritizes the safety of vulnerable individuals above institutional reputation.

When Inaction Causes Devastating Harm, We Take Action. Contact AZ Law Now

If you or someone you know suffered because an institution or a person with
a duty to report failed in that critical responsibility, you deserve justice and
accountability. Contact AZ Law Now to discuss your legal options with a
compassionate and experienced team.