North Dakota Child Abuse Laws

By Natalie Moritz | Legally reviewed by FindLaw Staff | Last reviewed March 10, 2025

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North Dakota child abuse laws aim to protect children from harm and ensure their safety and well-being. These laws define child abuse as any action (or inaction) by an adult—often a family member—that jeopardizes a minor's health or welfare. This includes physical or sexual abuse and neglect.

North Dakota Century Code (NDCC) Chapter 50-25.1 outlines the state’s legal framework for child abuse and neglect. These statutes govern:

  • Definitions of abuse and neglect
  • Mandated reporting procedures
  • The child abuse investigation processes
  • How state services protect children and address situations of abuse or neglect in families
  • And more

Interpreting child abuse and neglect statutes can be confusing. Contact a North Dakota criminal defense attorney if you need clarification or guidance.

This article details child abuse and neglect laws in North Dakota. Learn about definitions, reporting, and penalties at a glance. The chart provided also contains links to full statutes.

Reporting Requirements: Who is a Mandatory Reporter in North Dakota?

State mandatory reporting laws require certain individuals with close or regular access to children to report any credible suspicions of child abuse to the authorities.

North Dakota law designates certain professionals with knowledge of suspected child abuse or neglect to report to the appropriate department. Mandated reporters in North Dakota include:

  • Healthcare workers (this even includes optometrists, dental hygienists, and medical examiners)
  • Mental health professionals
  • Clergy members, religious leaders, and practitioners of healing arts
  • School teachers, principals, and other... educational professionals
  • Law enforcement
  • Social workers and other social services workers
  • Childcare workers

See the statute for a full list of mandated reporters.

To make a report, call the Child Abuse & Neglect Reporting Line at 1-833-958-3500. The state also provides an online form. If you use the online form, you must fax it to the ND Child Protection Services Central Intake Unit at 701-328-0361 or drop it off at the human service zone office in the county where the child lives.

What Happens After a Child Abuse Report in North Dakota?

The North Dakota Department of Human Services investigates reports of abuse. It has service locations throughout the state.

After a report, child protective services professionals gather information and facts. Then, local child protective services workers assess and act on the report.

Under North Dakota law, the name of the person who made the report is confidential.

North Dakota Child Abuse Laws at a Glance

The following table provides an overview of child abuse laws in North Dakota and links to relevant statutes.

Note: State laws are always subject to change at any time through the enactment of new legislation, voter-approved ballot initiatives, or other means. Contact a North Dakota criminal defense attorney or family law attorney—or conduct your own legal research—to verify the state law(s) you are researching.

Code Section NDCC 50-25.1, et seq.
What Constitutes Abuse

NDCC 50-25.1-02
NDCC 14-09-22

Suffering from serious physical harm or traumatic abuse caused other than by accidental means including sexual abuse, assault, exploitation, corruption, or solicitation

The statute’s definition of abuse and neglect also includes:

  • Lacking proper care or control, subsistence, and education as required by law, not primarily due to lack of financial means
  • Being placed for care or adoption in violation of the law
  • Abandonment
  • Needing juvenile treatment and caregiver refusing to participate in treatment as ordered by the juvenile court
  • Prenatal exposure to alcohol misuse or any controlled substance not lawfully prescribed
  • Subjecting the child to exposure to a controlled substance, chemical substance, or drug paraphernalia (including marijuana)
  • Human trafficking
Responsibility for the Child

NDCC 50-25.1-02

North Dakota law specifies who is responsible for the child’s welfare, care, and supervision. Persons responsible for the child include:

  • The child's parent, an adult family member of the child
  • Any member of the child's household
  • The child's guardian or the foster parent
  • Any person providing care for the child in school or childcare
Grounds for Placing Child in Protective Custody

NDCC 50-25.1-07

Any physician examining a child with respect to whom abuse or neglect is known or suspected, after reasonable attempts to advise the parents, guardian, or other person having responsibility for the care of the child that the physician suspects has been abused or neglected, may keep the child in the custody of the hospital or medical facility for not to exceed 96 hours.

They must also immediately notify the juvenile court and the department in order that child protective proceedings may be instituted.  
Child Abuse Charge Classifications and Penalties

NDCC 14-09-22

  • If a parent, guardian, or adult household member intentionally causes mental or physical harm to a child, they can be charged with a Class C felony. If the child is under six years old, it's a Class B felony.
  • If someone paid to care for a child (like in a daycare setting) abuses the child, they can be charged with a Class B felony. If this caregiver commits a sex crime against the child, they will face the penalties for sex crimes.
  • If a child suffers permanent damage to a body part or organ because of the abuse, the abuser can be charged with a Class B felony (or Class A felony if the child is under six years old).
  • Anyone found guilty of child abuse under this law will serve at least one year in prison.
  • The court will order anyone convicted of child abuse to undergo evaluations for parenting skills, mental health, anger management, or other treatment programs.
Mandatory Reporting Required By

NDCC 50-25.1-03

Physician, nurse, dentist, optometrist, coroner, medical or mental health professional, religious practitioner, school teacher/administrator, social worker, daycare center worker, police/law enforcement officer, addiction counselor, school counselor, member of the clergy
Basis of Report of Abuse or Neglect

NDCC 50-25.1-01

Having knowledge or reasonable cause to suspect that a child is abused or neglected or has died as a result of abuse or neglect
To Whom Reported

NDCC 50-25.1-03

Make reports to the Department of Human Services or its designee. If a child is in immediate danger, call 911.
Penalty for Failure to Report or False Reporting

NDCC 50-25.1-13

Class B misdemeanor; unless made to law enforcement officer, then Class A misdemeanor; willfully make false report, also liable for all civil damages including exemplary damages

Learn More: North Dakota Child Abuse Laws and Resources

Use the links below to learn more about North Dakota child abuse laws and find related resources.

Child Abuse Issue in North Dakota? Get Legal Help

Child abuse, neglect, and sexual exploitation are serious crimes. If you are facing issues related to child abuse in North Dakota, it's crucial to seek professional legal guidance. You can also face serious criminal penalties for not reporting suspected abuse or neglect.

Contact a criminal defense attorney in your area to understand your legal rights and options.

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