Is a nursing home chaplin legally required to report child abuse?

Before my uncle passed away my 8 year old son and I would go to his house and take care of him. A chaplin from a nursing home would come to visit with him, when my uncle got to sick to take care of he was placed in a nursing home. After his death the chaplin from the nursing home told me that during one of his home visits my uncle confessed to inappropriatly "touching" my 8 year old son when my son was 6. The chaplin said he did not tell me until after my uncles death beacause my uncle asked him not to until he passed away.Can I take any legal action against this chaplin since he knew about this and did not tell me until after his death even though the chaplin knew that I was taking care of my uncle in his home with my son there??

AS to my question the I found out that the chaplin had also told the social worker involved with my uncles Hospice care before he died. Were either one legeally obligated to report this if not to the athorities than at the very least to me???

The chaplin is bound by privilege. He cannot reveal any information that your uncle told him in confidence. Even if he were a mandated reporter (I'm not so certain that he is) that mandate would only extend to those things he witnessed. If the only information he had was from your uncle, then he is bound by privilege and could not legally disclose the information until after your uncle died (the privilege dies with the person.)

I know that you must be very upset but the Chaplin is more than likely a dead end from a civil lawsuit standpoint. However, did your uncle die with money? If he has an estate, then you might be able to sue the estate. The estate remains liable for any claims of injury against the decedent. Talk to a lawyer as soon as possible. If your Uncle's estate has already gone through probate, or is currently in probate, there is going to be a fairly short window of time within which to bring this claim. Technically, the statute of limitations for claims owned by minors does not run until they reach the age of majority. However, in this case, you have a quickly diminishing pile of money. You need to jump on this as soon as possible.

Go to www.martindale.com for a listing of lawyers in your area. Talk to a personal injury lawyer. That's probably your best bet. Make sure it's one that is familiar with the claims reporting procedures against a decedent.

Feel free to contact me through this service for any advice. Understand, though, that I'm a California lawyer. The laws in your state may be different but probably not dramatically so.

I think he should have, but in a legal stand point i am not sure. I would take action against it.

Yes. He is a 24/7 mandated reporter. I am a Reverend who used to work in a hospital and then with children in the ministry. I am still mandated and always will be. It's my job. I accepted it when I stepped aboard.

Seems like a good question for a lawyer. Depending where you live, the laws are very likely different than where I live.

In most states in the united states Yes this person would be a mandated reporter. If they are mandated they are required to report. However laws do differ. If you live in the United States try looking up mandated reporter laws for your state.