Mandated reporter

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In the United States and Canada, a mandated reporter is a person who is legally required to report to Child Protective Services if they observe or suspect abuse or neglect in children. Mandatory reporting laws generally apply to professionals who come into contact with children (for example, physicians, nurses, teachers, therapists, and childcare providers) while in other places, it applies to all adults regardless of profession. If a mandated reporter fails to report, they may incur civil penalties, criminal prosecution, or both.

Contents

In many jurisdictions, mandatory reporting laws can also extend to adults who passed the age of majority but are deemed vulnerable to abuse, neglect, and financial exploitation due to a disability or old age. Hence, it is not uncommon for nursing homes or group homes staff to also be mandated to report. The Adult Protective Services protects these adults. [1] [2]

History

In 1962, United States doctors C. Henry Kempe and Brandt Steele published "The Battered Child Syndrome", [3] [4] which helped doctors identify child abuse, its effects, and the need to report serious physical abuse to legal authorities. Its publication changed the prevalent views in the United States, where child abuse was previously seen as uncommon, and not a regular issue. [5] In 1974, the United States Congress passed the Child Abuse Prevention and Treatment Act (CAPTA), which provides funds to states for development of Child Protective Services (CPS) and hotlines to prevent serious injuries to children. These laws and the media and advocacy coverage and research brought about a gradual change in societal expectations on reporting in the United States and, at different rates, in other western nations. [6] [7]

Originally created to respond to physical abuse, reporting systems in various countries began to expand to address sexual and emotional abuse, neglect, and exposure to domestic abuse. This expansion was accompanied by broader requirements for reporting abuse: previously reports were only submitted when an incident caused serious physical injury, but as the definitions changed, more minor physical injuries and developmental and psychological trauma began to be included as well. [8]

There has been a huge increase of reporting over the decades with enormous numbers of unsubstantiated cases. [9] Referrals increase each year, but the actual substantiated cases remain low and are approximately the same or decline each year. [10] Media and commentators often take the number of referrals to be synonymous with the number of cases of actual child maltreatment, which makes the problem appear larger than it is. [11]

In 2014, in response to the Penn State sex abuse scandal, then-Governor Tom Corbett passed a bill that extended the state's mandatory reporting obligations to include additional professionals as a measure to increase reports concerning child abuse. However, an article published by NBC News and ProPublica finds in the first half of the 2010s (before the changes), there were 29,766 children investigated with only 10,410 being sustained. In the later half of the decade, after the changes, the number of reported children was 42,366, but only 10,399 were sustained. Critics of mandatory reporting laws point out the number of fatalities relating to child abuse rose from 96 in 2014 to 194 in 2021 (seven years after the implementation). [12]

Statistics by country

Australia

In 2015–16, of the total number of notifications (355,935), 164,987 cases (involving 115,024 children) of child abuse were investigated or were in the process of being investigated. Of these investigations, 60,989 cases were substantiated [13]

Brazil

Brazil has a mandatory reporting system for child maltreatment that is enforced by the health and educational systems, but due to the absence of national prevalence surveys, the difference between data generated by such mandatory reports and actual incidence of abuse is not known, although it is believed that mandatory report systems may result in underreporting. While specific data on mandatory reporting is unavailable, data collected from 314 municipalities (out of 5564) across the country revealed that in the second half of 2005 alone, 27,986 children received attention from the Social Welfare Centers: either because of sexual abuse (13,240), psychological violence (4,340), neglect (4,073), physical violence (3,436) and sexual exploitation (2,887). Most victims were in the 7–14 years group (17,738). 4,936 were under 6 years old. [14]

Canada

Canada provides data on substantiations but not reports. [15] In Canada in 2008, [15] 36% of all investigations were substantiated, with a further 8% of investigations where maltreatment remained suspected by the worker at the conclusion of the investigation and a further 5% with a risk of future maltreatment. 30% of investigations were unfounded and 17% resulted in no risk of future maltreatment was indicated.

United Kingdom

England provides data on substantiations but not reports. [16] In 2012, the UK reports 50,573 children were on child protection registers or subject to a child protection plan: England (42,850), Scotland (2,706), Wales (2,890), Northern Ireland (2,127). [17]

United States

In the US there was a 2348% increase in hotline calls from 150,000 in 1963 to 3.3 million in 2009. [9] In 2011, there were 3.4 million calls. [10] From 1992 to 2009 in the US, substantiated cases of sexual abuse declined 62%, physical abuse decreased 56% and neglect 10%. Although the referrals increase each year, about 1% of the child population is affected by any form of substantiated maltreatment. [18]

In the US, there are approximately 3.6 million calls each year: 9,000/day, 63,000/week, [10] affecting on average 1 out of 10 U.S. families with children under the age of 18 each year (there are 32.2 million such families). [19] From 1998 to 2011 there were a total of 43 million hotline calls. [10] Of those substantiated, over half are minor situations and many are situations where the worker thinks something may happen in the future. The largest category was neglect. [10]

Each year in the US, approximately 85% of hotline calls either do not warrant investigation or are not substantiated. Approximately 78% of all investigations are unsubstantiated and approximately 22% are substantiated, with around 9% where "alternative responses" are offered in some states, which have a focus on working with the family to address issues rather than confirming maltreatment. [20]

Criteria for mandatory reporting of child abuse by jurisdiction

The criteria for reporting vary significantly based on jurisdiction. [21] Typically, mandatory reporting applies to people who have reason to suspect the abuse or neglect of a child, but it can also apply to people who suspect abuse or neglect of a dependent adult or the elderly, [22] or to any members of society (sometimes called Universal Mandatory Reporting [UMR]). [23] [24] A large majority of European countries – 86 percent – have some form of mandatory reporting; 77 percent of African countries do; 72 percent of Asian countries and 90 percent of the Americas do. [25]

In Australia, the Northern Territory requires all citizens to report suspected child abuse, [26] and the other states and territories have mandatory reporting for designated work roles. [27] [28] [29] [30] [31] [32] [33]

In Brazil, notification is mandatory in the health system, in schools and by the Child Protection Councils (CPC) network, present in many municipalities. [14]

In Malaysia, The Child Act 2001 requires any medical officer or medical practitioner, childcare provider or member of the family to notify his/her concerns, suspicions or beliefs that a child may have been abused or neglected to the appropriate child protection authority in the country. Failure to do so can result in criminal charges. [34]

In South Africa, Section 110 of the Children's Act, 2005 mandates 'Any correctional official, dentist, homeopath, immigration official, labour inspector, legal practitioner, medical practitioner, midwife, minister of religion, nurse, occupational therapist, physiotherapist, psychologist, religious leader, social service professional, social worker, speech therapist, teacher, traditional health practitioner, traditional leader or member of staff or volunteer worker at a partial care facility, drop-in centre or child and youth care centre' to report when they suspect that a child has been abused 'in a manner causing physical injury, sexually abused or deliberately neglected'. The Sexual Offences Act, 1957, compels all citizens who are aware of the sexual exploitation of children to report the offence to the police. [35]

Under UK law only local authority social workers, health and social service board social workers (Northern Ireland) and police have a duty to report suspicions that a child is in need of care and protection. Local child protection guidelines and professional codes of conduct may expect other professionals, such as teachers and medical staff, to report, but they do not have to do so as a matter of law. [23] Front-line professionals are also required to report cases of female genital mutilation. [36] [37]

North America

In the United States, states frequently amend their laws, but as of April 2019 all states, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands have statutes identifying persons who are required to report suspected child maltreatment to an appropriate agency. [38]

Approximately 48 states, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands designate professions the members of which are mandated by law to report child maltreatment. [38]

As of April 2019, in 18 states and Puerto Rico, any person who suspects child abuse or neglect is required to report suspected abuse or neglect regardless of profession. [39] In all other States, territories, and the District of Columbia, any non-mandated person is also allowed to report. [38]

Canada imposes a mandatory requirement on all citizens, except in the Yukon Territory where it is restricted to those who come in contact with children in their professional roles. [40]

Mexico also has legislative reporting duties. [40]

European Union

The Council of Europe has urged all countries to have mandatory reporting of child abuse but several European countries do not. Fifteen member States (Bulgaria, Croatia, Denmark, Estonia, France, Hungary, Ireland, Lithuania, Luxembourg, Poland, Romania, Slovenia, Spain and Sweden, as well as the United Kingdom, which has left the EU on 31 January 2020) have reporting obligations in place for all professionals. In 10 member states (Austria, Belgium, Cyprus, the Czech Republic, Greece, Finland, Italy, Latvia, Portugal and Slovakia) existing obligations only address certain professional groups such as social workers or teachers. [41]

More than half (15) of the EU member states (Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, Ireland, Italy, Latvia, Lithuania, Portugal, Slovakia, Slovenia and Sweden) have specific reporting obligations addressing civilians, with specific obligations for civilians to report cases of child abuse, neglect and/or exploitation. In many member states without specific provisions, general provisions on the obligation for all citizens to report a criminal act under national law apply, but with no specific obligation to report a child at risk of abuse. [42]

In Germany, Malta and the Netherlands, no reporting obligations were in place in March 2014. In Malta, however, the new draft Child Protection Act (Out of Home Care), [43] introduces the obligation of mandatory reporting for all professionals and volunteers. [41]

Processes for reporting

The processes for reporting vary greatly among jurisdictions.

Mandated reporters are usually required to give their name when they make a report. This allows investigators to contact them for further details if needed, and protects the mandated reporter from accusations that they did not report as required by law. [8] [38] [40]

Typically, reporters are encouraged to report their suspicions and not to investigate or wait for absolute proof, which can lead to further harm directed at the suspected victim, and allow for perpetrators to prepare their defence through intimidation. The investigation of the abuse is then left to professionals. Some jurisdictions allow clear protections for reports made in good faith, protecting the disclosure of the reporter's name. [8] [38] [40]

Innocence should be presumed unless and until evidence establishing guilt is obtained and it must be remembered that only suspicions are being reported. [44]

Professions and reporting

Mandated reporting requirements generally apply to professions that have frequent contact with children, although in some jurisdictions all citizens are required to report suspicions of some forms of abuse. Other jurisdictions have mandated requirements only of doctors or medical professionals.

Jurisdictions may note that, while these groups are legally required (mandated) to report, most jurisdictions allow for voluntary reports by any concerned people.

Clergy–penitent privilege and other exemptions

Conflicts between a mandated reporter's duties and some privileged communication statutes are common but, in general, attorney–client privileges and clergy–penitent privileges are exempt from mandatory reporting in many jurisdictions. In some states in the US, psychiatrist and psychologists are also exempt from mandatory reporting. [45]

"Clergy–penitent privilege" is privileged communication that protects communication between a member of the clergy and a communicant, who shares information in confidence. When applied, neither the minister nor the "penitent" can be forced to testify in court, by deposition, or other legal proceedings, about the contents of the communication. [46] Most US states provide the privilege, typically in rules of evidence or civil procedure, and the confidentiality privilege has also been extended to non-catholic clergy and non-Sacramental counseling. [47]

Criticism

Originally created to respond to physical abuse, reporting systems in various countries have expanded the reportable incidents, when it was recognised that sexual and emotional abuse, neglect, and exposure to domestic abuse also have profound impacts on children's wellbeing. [8] Critics of investigations into reports of child abuse state that

Critics state that mandatory reporting may also

They also state that mandatory reporting laws have had unintended consequences for the accused. Individuals, including juveniles, who have never been convicted of anything may be placed on CPS Central Registries/databases (different from Sex Abuse Registries) for decades, limiting educational and employment opportunities due to background checks.[ citation needed ] There is a 1.2–12.3% recidivism rate (repeat substantiations within 6 months of initial substantiations). [54] Some parents who have successfully managed a drug addiction and who are still receiving treatment have been subject to mandatory reporting, even though there was no suspicion of abuse of children or of drugs. [55]

See also

Related Research Articles

Abuse is the improper usage or treatment of a thing, often to unfairly or improperly gain benefit. Abuse can come in many forms, such as: physical or verbal maltreatment, injury, assault, violation, rape, unjust practices, crimes, or other types of aggression. To these descriptions, one can also add the Kantian notion of the wrongness of using another human being as means to an end rather than as ends in themselves. Some sources describe abuse as "socially constructed", which means there may be more or less recognition of the suffering of a victim at different times and societies.

A form of child abuse, child neglect is an act of caregivers that results in depriving a child of their basic needs, such as the failure to provide adequate supervision, health care, clothing, or housing, as well as other physical, emotional, social, educational, and safety needs. All societies have established that there are necessary behaviours a caregiver must provide for a child to develop physically, socially, and emotionally. Causes of neglect may result from several parenting problems including mental disorders, unplanned pregnancy, substance use disorder, unemployment, over employment, domestic violence, and, in special cases, poverty.

Children's Aid Societies (CAS) are certified non-governmental child protection organizations in Ontario, Canada which operate independently of the Ontario Ministry of Children, Community, and Youth Services to provide child protection services. The declared goal of CAS is to "promote the best interests, protection and well being of children".

Foster children in Canada are known as permanent wards. A ward is someone, in this case a child, placed under protection of a legal guardian and are the legal responsibility of the government. Census data from 2011 counted children in foster care for the first time, counting 47,885 children in care. The majority of foster children – 29,590, or about 62% – were aged 14 and under. The wards remain under the care of the government until they "age out of care." This age is different depending on the province.

<span class="mw-page-title-main">Child abuse</span> Maltreatment or neglect of a child

Child abuse is physical, sexual, emotional and/or psychological maltreatment or neglect of a child, especially by a parent or a caregiver. Child abuse may include any act or failure to act by a parent or a caregiver that results in actual or potential wrongful harm to a child and can occur in a child's home, or in organizations, schools, or communities the child interacts with.

Child protection refers to the safeguarding of children from violence, exploitation, abuse, and neglect. It involves identifying signs of potential harm. This includes responding to allegations or suspicions of abuse, providing support and services to protect children, and holding those who have harmed them accountable.

Child protective services (CPS) is the name of an agency in many states of the United States responsible for providing child protection, which includes responding to reports of child abuse or neglect. Some states use other names, often attempting to reflect more family-centered practices, such as department of children and family services (DCFS). CPS is also sometimes known by the name of department of social services, though these terms more often have a broader meaning.

<span class="mw-page-title-main">Safeguarding</span> Measures to protect the health, well-being and human rights of individuals

Safeguarding is a term used in the United Kingdom, Ireland and Australia to denote measures to protect the health, well-being and human rights of individuals, which allow people—especially children, young people and vulnerable adults—to live free from abuse, harm and neglect.

Laws against child sexual abuse vary by country based on the local definition of who a child is and what constitutes child sexual abuse. Most countries in the world employ some form of age of consent, with sexual contact with an underage person being criminally penalized. As the age of consent to sexual behaviour varies from country to country, so too do definitions of child sexual abuse. An adult's sexual intercourse with a minor below the legal age of consent may sometimes be referred to as statutory rape, based on the principle that any apparent consent by a minor could not be considered legal consent.

Child sexual abuse (CSA), also called child molestation, is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation. Forms of child sexual abuse include engaging in sexual activities with a child, indecent exposure, child grooming, and child sexual exploitation, such as using a child to produce child pornography.

The National Center on Child Abuse and Neglect (NCCAN) is a national center that was established within the Children's Bureau, Department of Health and Human Services, an agency of the Federal government of the United States. It was created by the Child Abuse Prevention and Treatment Act (CAPTA) of 1974.

Institutional abuse is the maltreatment of a person from a system of power. This can range from acts similar to home-based child abuse, such as neglect, physical and sexual abuse, and hunger, to the effects of assistance programs working below acceptable service standards, or relying on harsh or unfair ways to modify behavior. Institutional abuse occurs within emergency care facilities such as foster homes, group homes, kinship care homes, and pre-adoptive homes. Children who are placed in this type of out of home care are typically in the custody of the state. The maltreatment is usually caused by an employee of the facility.

The Child Welfare Information Gateway is the congressionally mandated and funded information service of the United States Children's Bureau, Administration for Children and Families, United States Department of Health and Human Services. It was established in 2006 to replace the National Clearinghouse on Child Abuse and Neglect Information and the National Adoption Information Clearinghouse. The Child Welfare Information Gateway covers child-welfare topics, including family-centered practice, child abuse and neglect, abuse and neglect prevention, child protection, family preservation and support, foster care, achieving and maintaining permanency, adoption, management of child welfare agencies and related topics such as child and family assessment, laws and policies, statistics and coincident family issues. Its website links to sources of print and electronic publications, websites, databases and online learning tools on these topics.

In many parts of the world, mandated reporters are people who have regular contact with vulnerable people such as children, disabled persons, and senior citizens, and are therefore legally required to ensure a report is made when abuse is observed or suspected. Specific details vary across jurisdictions—the abuse that must be reported may include neglect, or financial, physical, sexual, or other types of abuse. Mandated reporters may include paid or unpaid people who have assumed full or intermittent responsibility for the care of a child, dependent adult, or elder.

National Child Abuse Prevention Month, also known as Child Abuse Prevention Month in America, is an annual observance in the United States dedicated to raising awareness and preventing child abuse. April has been designated Child Abuse Prevention Month in the United States since 1983. U.S. President Barack Obama continued that tradition, and in 2016 issued a Presidential proclamation stating: "During National Child Abuse Prevention Month, we recommit to giving every child a chance to succeed and to ensuring that every child grows up in a safe, stable, and nurturing environment that is free from abuse and neglect."

Hendrika Bestebreurtje Cantwell is a German-born American retired physician, professor emerita of pediatrics at the University of Colorado Denver, advocate for abused and neglected children, and parenting educator. She was one of the first physicians in the United States to work for a child protection agency, serving with the Denver Department of Social Services from 1975 to 1989. Her work there brought her in contact with an estimated 30,000 cases of suspected child abuse and she testified as an expert witness in thousands of court cases. An author of peer-reviewed journal articles, book chapters, and teaching manuals on the detection and treatment of child abuse, she has also conducted workshops and training programs for professionals throughout Colorado. She was inducted into the Colorado Women's Hall of Fame in 1990.

Emily M. Douglas is a political scientist conducting research on child and family well-being, the child welfare system, fatal child maltreatment, domestic violence and divorced families, and corporal punishment. She is a full professor and the chair of the Department of Social Work and Child Advocacy at Montclair State University.

Under normal circumstances, the United States child welfare systems is considered by experts to be underfunded and strains social workers with high case loads. However, during the 2020 COVID-19 pandemic, the U.S. experienced an unprecedented lockdown and national unemployment reached a record high. This presents an issue because it is recorded that during times of economic stress, child abuse skyrockets.

<span class="mw-page-title-main">Maureen Kenny</span> American psychologist

Maureen Christina Kenny Winick is an American psychologist. She is a Full Professor in the Department of Psychology at Florida International University. Kenny's work has focused on examining mandatory reporters, such as teachers, compliance with their ethical and legal obligation to report suspected child maltreatment.

<span class="mw-page-title-main">Hong Kong Mandatory Reporting of Child Abuse Bill</span> Hong Kong legislative bill

The Hong Kong Mandatory Reporting of Child Abuse Bill is legislation in the Legislative Council of Hong Kong, which aims to protect children from abuse and neglect. It was raised by the Chief Executive John Lee in his 2022 Policy Address, to address the public concerns over child abuses. The bill is currently undergoing the legislative procedures and is not yet passed or enacted in Hong Kong.

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