Reporting Abuse\ Flashcards
Child Abuse Reporting
Must report known or SUSPECTED cases of abuse and neglect of children/adolescents under the age of 18, including minors who are emancipated.
Report must be made whether perpetrator is an ADULT or a CHILD.
When and how to make a report
Mandated report will report to agency within their professional capacity or scope of their employment, if they have knowledge or observes a child whom the mandated reporter at least SUSPECTS has been the victim of child abuse ro neglect.
Report is made immediately or as soon as practicably possible by telephone, with written followup within 36 hours of receiving report.
Reasonable suspicion
objectively reasonable for a person to entertain a suspicion, based upon facts that could cause a reasonable person in a like position, drawing, when appropriate, on their training and experience, to suspect child abuse or neglect. Pregnancy of a minor does NOT in and of itself constitute a basis for a reasonable suspicion of sexual abuse.
Agencies authorized to receive reports
Police department or sheriff’s department (not including school district police or security)
If designated by the county to receive mandated reports
County welfare department (also referred to as county welfare service agency (CWS) and child protective services (CPS)
Abuse that MUST be reported
a) Physical abuse - physical injury or death inflicted other than accidental
b) Sexual abuse - assault or exploitation, rape, statutory rape, rape in concert, incest, sodomy, lewd of lascivious acts, oral copulation, sexual penetration, child molestation.
Exploitation includes preparing, selling, or dsistributing pornographic materials depicting a minor engaged in an obscene act
c) Consensual intercourse (see other slide, suspicion of non-consensual intercourse)
d) Willful harm or injury
e) Unlawful corporal punishment or injury
f) Neglect
Reporting consensual sexual intercourse involving a minor
Mandated reporters must report sexual intercourse or other sexual activity with a minor under 18 years when they have a reasonable suspicion that the activity was not consensual, even when the minor claims it was consensual and regardless of the partners age.
Always report when minor is under 14 years of age and partner is 14 years or older
Minor is 14 years of age and partner is 24 years of age or older
Minor is 15 years of age and the partner is 25 years of age or older
Willful harm or injury
Situation in which any person willfully causes or permits any child to suffer, or inflicts thereon, unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of the child to be placed in a situation in which their person or health is endangered
Unlawful corporal punishment or injury
Cruel or inhuman corporal punishment resulting in a traumatic condition
does NOT include force that is reasonable and necessary for a person employed by or engaged in a public school to quell a disturbance threatening physical injury
Neglect
Negligent treatment or maltreatment of a child by a person cresponsible for the childs welfare
Abuse that MAY be reported
May, but not required to report “serious emotional damage”
Sharing confidential information with multidisciplinary personnel teams
Members of team engaged in prevention, identification, management or treatment of child abuse or neglect may disclosre and exchange information and writing relating to any incidents of child bause
Immunity from liability for making a required report
Mandated reporters have immunity from criminal and civil liability for making a report authorized by the child abuse and neglect reporting act even if acquired outside professional capacity or scope of employment
Liability for failing to make required report
Criminal penalties
May lead to civil liability and disciplinary action by licensing board
six months and/or $1,000 fine
Willfully failing to report or impede report of abuse where abuse results in death or great bodily injury punished by not more than 1 year and fine of no more than $5000
Notifying clients about the report
Mandated reporters are not legally required to tell involved individuals they are filing a report, however if psychologist foresees a future therapeutic relationship it is usually best to advise them of the intent to make a report unless doing so is contraindicated
Adults who were abused as children
Unless victim is still under 18 mandated reporter is not required to file a report for that individual
Possibility that adult clients abuser may be currently victimizing other children and reasonable suspicion, must file a report.
