We keep reading appellate decisions about this tragedy out of Cochise County. This is the third appellate decision we can recall. Dr. Herrod is a general practitioner and a lay pastor, an LDS bishop, at a church. He learned information as a pastor that father sexually abused his children. The abused children claimed that as a physician and mandatory reporter, he was required to notify authorities even if the information came to him as privileged as a pastor and not while treating either the mother or the abused children. Court of appeals agrees with the trial court rejecting this theory. “Under the express language of the statute, Dr. Herrod had a duty to report only if he developed a reasonable belief of child abuse or neglect “in the course of treating a patient.” § 13-3620(A)(1).” There is a concurrence and dissent. In a nutshell, the dissent would find an expansive common law duty of well-being outside the mandatory reporter statute. The dissent doesn’t care how he learned of the abuse, the abuse impacted his patient’s well-being.

link to opinion