Legal Reporting for Abuse
Consent to interviews with the (potential) victim must often be obtained from legal guardians, unless there is reason to believe that the person is the accused. In cases where gross abuse or neglect is proven, local law enforcement agencies, prosecutors or other public bodies must be notified and a copy of the investigation report must be sent. Cases of child abuse and neglect have a profound impact on the lives of many children in the United States. As a result, all states have introduced variations of mandatory reporting laws to reduce and prevent these incidents. These laws help to ensure that cases of child abuse are reported to the appropriate authorities. Commissioned journalists are generally required to provide their names when creating a report, but may remain anonymous to protect their privacy. A hired journalist who knowingly makes a false report will normally disclose their identity to the appropriate law enforcement agency, and their identity may be disclosed to the alleged perpetrator of the reported abuse or neglect. Training programs often use educational materials that use Pat phrases and ambiguous indicators: for example, defining emotional abuse as not giving a child “appropriate love,” or pointing out children who are withdrawn or shy, as well as children who are friendly to strangers, even though only a small minority of children who exhibit such behaviours have been abused. [7] [15] Some states require the reporting of additional categories of maltreatment. For example, Kentucky requires all citizens to report not only allegations of abuse and neglect, but also suspected human trafficking or female genital mutilation of children.
[16] In 1962, American physicians C. Henry Kempe and Brandt Steele published “The Battered Child Syndrome”[1][2], which helped physicians identify child maltreatment, its effects, and the need to report serious physical abuse to law enforcement. His publication changed mainstream opinion in the United States, where child abuse was previously considered a rare rather than a regular problem. [3] In 1974, the U.S. Congress passed the Child Abuse Prevention and Treatment Act (CAPTA), which provides funding to states to develop child protection services (CPS) and hotlines to prevent serious injury to children. These laws and media and advocacy group reporting and research have led to a gradual shift in society`s expectations of reporting in the United States and at different speeds in other Western countries. [4] [5] Created by FindLaw`s team of writers and legal writers| Last updated: 04 February 2019 Mandatory reporting laws differ from state to state when it comes to child abuse, including physical, sexual and emotional abuse. However, it is important to remember that many of these laws also cover child neglect. In some states, these laws require persons in certain professions to report cases of child abuse and neglect to a competent authority, such as law enforcement or child welfare services.In other states, mandatory reporting laws require anyone suspected of child abuse or neglect to report such a case. Critics also say much of what is now defined as child abuse and neglect (due to vague and blanket laws) does not merit government interference. [35] The unfounded rates are huge and go beyond what is reasonably necessary and should affect everyone. [15] [36] The emotions aroused by child abuse and sensational media coverage have led to an overreaction from some professionals and citizens who report many cases that do not constitute child maltreatment. [15] The zeal to protect children must not outweigh the duty of fairness and due process. [15] [36] As of April 2019 [Update], anyone suspected of child abuse or neglect, regardless of occupation, must report suspected abuse or neglect in 18 states and Puerto Rico. In all other states, territories, and the District of Columbia, anyone is allowed to report. These volunteer whistleblowers are often referred to as “permissive reporters.” [17] Where reports contain sufficient information to warrant an investigation, authorities should make reasonable efforts to initiate (and conclude) an effective investigation, particularly where there is an imminent risk of physical harm or other emergency situations. Authorities should coordinate activities to minimize the impact on the (potential) victim. In the United States, the Children`s Advocacy Center model was established in 1985, which includes “multidisciplinary teams” (law enforcement, child protection, law enforcement, mental health) to interview, process, administer and prosecute child maltreatment cases.
[22] Originally created to respond to physical violence, reporting systems have begun to develop in different countries to address sexual and psychological abuse, neglect and domestic violence. This expansion was accompanied by broader requirements for reporting maltreatment: previously, reports were only submitted when an incident resulted in serious bodily injury, but as definitions changed, minor physical injuries as well as developmental and psychological trauma were also included. [6] When assessing suspected abuse, the healthcare provider should obtain a complete medical history, perform a complete physical examination, perform appropriate laboratory tests, and contact appropriate authorities. [16] [5] Since each state has different laws, knowledge of each state`s mandatory reporting laws is crucial for any health care provider. [2] Failure to comply with state reporting laws may result in criminal penalties for the provider and may even result in negligence civil liability in some jurisdictions. On the other hand, suppliers are generally not responsible for reporting suspicious situations that later turn out to be benign. [17] “I credit the hotline for saving my life from an abuser and giving me the facts I needed in an emergency to equip me to get out. According to the U.S. Department of Health and Human Services (HHS), 48 states have mandatory reporting laws that require certain people to report child abuse and neglect.