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Alabama

Ala. Code § 26-14-3Alabama mandatory-reporting statute

Clergy named as mandatory reporter?
Yes
Confessional exemption?
Yes
Statute
Ala. Code § 26-14-3
Clergy named
Expressly
Pending

Alabama already has a strong mandated-reporting law on the books. Ala. Code § 26-14-3(a) expressly names members of the clergy as mandatory reporters, using the clergy definition from Alabama Rule of Evidence 505. The statute requires an immediate oral report, followed by a written report, when a covered reporter knows or suspects that a child has been abused or neglected. Alabama also attaches a criminal penalty for knowing failure to report and protects employees from employer retaliation when they make a report. The remaining problem is not whether clergy are named. They are. The problem is § 26-14-3(f), which preserves the clergy-penitent privilege for information gained solely in a confidential Rule 505 communication. Alabama courts have read that privilege narrowly, but the carveout still leaves a place where a disclosure can be heard and lawfully kept from child-protection authorities. UCO tracks states like Alabama because even strong reporting statutes can still carry the exact exception that keeps a survivor's voice from being heard.

Section 01What needs to change

What needs to change in Alabama.

  • Clergy expressly named at § 26-14-3(a)

    Alabama expressly includes **members of the clergy** in its mandatory-reporter list. The statute defines clergy by cross-reference to Alabama Rule of Evidence 505, which reaches more than formal ordination and covers practitioners who regularly devote substantial time to service in a religious organization. That supports the expressly-named status classification.

    View source ↗
  • Rule 505 carveout preserved at § 26-14-3(f)

    Subsection (f) says a clergy member is not required to report information gained **solely in a confidential communication privileged under Rule 505**. The word solely matters. Information learned through observation, a third-party report, or a non-privileged conversation remains reportable. The carveout is narrow, but it is still the privilege-preserved gap.

    View source ↗
  • Failure-to-report penalty at § 26-14-13

    A knowing failure to make a required report is a misdemeanor punishable by up to six months in jail, a fine of up to $500, or both. That penalty applies to clergy when the reporting duty is triggered and the Rule 505 carveout does not apply.

    View source ↗
  • Reporter protection at § 26-14-3(g)

    Section 26-14-3(g) makes employer retaliation against an employee for reporting suspected child abuse or neglect a Class C misdemeanor. The anti-retaliation provision complements the criminal penalty for failure to report: the statute attaches consequences on both sides of the duty.

    View source ↗
Section 02What's needed

What it takes to close the gap.

Section 03How you can help

Concrete ways to support reform in Alabama.

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Donations fund Alabama-specific research, source verification, and the long work of showing where strong reporting laws still leave survivors unheard.

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Section 04Timeline

How Alabama got here.

  • 1965
    Alabama creates the reporting chapter

    Alabama's child-abuse reporting framework begins with the 1965 act that created Chapter 14. Later amendments expand the reporter list and enforcement structure.

    View source ↗
  • 1998
    Tankersley narrows Rule 505

    The Court of Criminal Appeals holds that a communication must be made to clergy in a professional capacity as spiritual advisor to qualify for the privilege.

    View source ↗
  • 2003
    Clergy added to the reporter list

    A 2003 amendment adds members of the clergy to § 26-14-3(a) and preserves the Rule 505 confidential-communication carveout at § 26-14-3(f).

    View source ↗
  • 2006
    Zoghby reaffirms the privilege limits

    The Alabama Supreme Court follows Tankersley's professional-capacity framing for Rule 505, reinforcing that ordinary conversations with clergy are not automatically privileged.

    View source ↗
  • 2013-2017
    Reporter list expands again

    Later amendments add or clarify additional reporter categories, including employees of public and private institutions of postsecondary and higher education, without removing clergy or changing the Rule 505 carveout.

    View source ↗
Section 05Key cases

Litigation shaping the law.

  • Tankersley v. State

    724 So. 2d 557 (Ala. Crim. App. 1998)1998

    The Court of Criminal Appeals held that conversations with a clergy member were not privileged because they were not made to that person in a professional capacity as spiritual advisor. The decision is important because Alabama's reporting carveout points to Rule 505, and Tankersley helps define the perimeter of what Rule 505 protects.

    View source ↗
  • Ex parte Zoghby

    958 So. 2d 314 (Ala. 2006)2006

    The Alabama Supreme Court reaffirmed that Rule 505 applies only when the communication is made to clergy in a professional capacity and in a confidential manner. The case narrows the practical reach of the privilege, but it does not erase the § 26-14-3(f) reporting carveout.

    View source ↗
Section 06Background

Public-record sources UCO is tracking.

Always verify against the underlying statute or filing before quoting.

  • Alabama Legislature
    Code of Alabama § 26-14-3 — Mandatory Reporting

    Principal statute. Subsection (a) expressly names members of the clergy, as defined in Alabama Rule of Evidence 505, among mandatory reporters. Subsection (f) preserves the Rule 505 confidential-communication carveout.

    View source ↗
  • Justia US Law· 2024
    2024 Code of Alabama § 26-14-3 — Mandatory Reporting

    Full-text statutory mirror with amendment history. Confirms the clergy listing, the privilege carveout, and the 2003, 2013, 2016, and 2017 amendment pattern.

    View source ↗
  • Child Welfare Information Gateway, U.S. HHS Children's Bureau· May 2023
    Clergy as Mandatory Reporters of Child Abuse and Neglect — Alabama

    Federal state-by-state summary confirming that Alabama expressly names clergy as mandatory reporters while preserving confidential clergy communications privileged under Rule 505.

    View source ↗
  • Justia US Law· 2025
    Alabama Code § 26-14-13 — Penalty for Failure to Make Required Report

    Penalty provision. Knowing failure to make a required report is a misdemeanor punishable by up to six months in jail, a fine of up to $500, or both.

    View source ↗
  • Victim Rights Law Center· 2020
    Clergy Mandatory Reporting & Privilege FAQs — Alabama

    Practitioner summary of Alabama's clergy-reporting and privilege framework. Useful for the Rule 505 definition and the Tankersley case-law context.

    View source ↗
Last reviewed May 29, 2026 · by Unheard Child Org research teamHow we track this

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  • RAINN1-800-656-HOPENational Sexual Assault Hotline. 24/7, free, confidential.
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