United States Federal Law requiring certain Job fields to report abuse
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.
In 1962, United States doctors C. Henry Kempe and Brandt Steele published "The Battered Child Syndrome,"[1][2] 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.[3] 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.[4][5]
Originally created to respond to physical abuse, reporting systems in various countries began to expand[when?] 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.[6]
Statistics
Nationwide, there was a 2348% increase in hotline calls from 150,000 in 1963 to 3.3 million in 2009.[7] In 2011, there were 3.4 million calls.[8] From 1992 to 2009 in the US, substantiated cases of sexual abuse declined 62%, physical abuse decreased 56% and neglect 10%. About 1% of the child population are substantiated victims of abuse.[9]
There are approximately 3.6 million calls each year nationwide: 9,000/day, 63,000/week,[8] 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).[10] From 1998 to 2011 there were a total of 43 million hotline calls.[8] Of those substantiated, over half are minor situations and many are situations where the worker thinks something may happen in the future.
Each year, 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.[11]
Criteria
In the United States, the Centers for Disease Control and Prevention (CDC) and the Department for Children and Families (DCF) define child maltreatment as any act or series of acts of commission or omission by a parent or other caregiver that results in harm, potential for harm, or threat of harm to a child.[12]
There are four major categories of child abuse: neglect, physical abuse, psychological or emotional abuse, and sexual abuse. Neglect may include abandonment, denial of proper care and attention physically, emotionally, or morally, or living under conditions, circumstances or associations injurious to well-being. Typically, minimum requirements for what must be reported include:
A description of how the reporter learned of the injuries or neglect and of any actions taken to assist
Information on previous injuries, assaults, neglect or financial abuses (if known)
The date, time, nature, and extent of the abuse or neglect (if known)
The date of the report
The perpetrator's name, address, and relationship to the (possible) victim (if known)
The reporter's name, agency, position, address, telephone number, and signature.
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. Innocence should be presumed unless and until evidence establishing guilt is obtained and it must be remembered that only suspicions are being reported.[13]
Some states require reporting of additional categories of mistreatment. For example, Kentucky requires all citizens to report not only suspected abuse and neglect, but also specifically requires reporting of suspected trafficking or female genital mutilation of children.[14]
Mandated professions
States frequently amend their laws, but as of 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.[15]
Approximately 48 States, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands designate professions whose members are mandated by law to report child maltreatment. Mandated professions may include, but are not limited to the following:[15]
Women's Health clinic practitioners (in some states)
Film Developers (for child pornography purposes)
As of April 2019[update], any person who suspects child abuse or neglect is required to report suspected abuse or neglect regardless of profession in 18 States and Puerto Rico. In all other States, territories, and the District of Columbia, any person is permitted to report. These voluntary reporters of abuse are often referred to as "permissive reporters."[15]
Anonymity and immunity
Mandated reporters are usually required to give their name when they make a report, but may request anonymity to protect their privacy. A mandated reporter who knowingly makes a false report will ordinarily have their identity disclosed to the appropriate law enforcement agency, and their identity may be disclosed to the alleged perpetrator of the reported abuse or neglect.
A mandated reporter may be subject to penalties, though immunity from civil or criminal liability is granted to reporters who report in good faith. Immunity is also granted to reporters who, in good faith, have not reported. However, failure to report suspected abuse or neglect could result in fines or other sanctions, such as participation in a training program. Failure to act may result in even stiffer penalties, such as civil litigation or criminal prosecution with the prospect of potential imprisonment.
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 usually exempt from mandatory reporting. In some states in the US, Psychiatrist and PhD. psychologists are also exempt from mandatory reporting.[16]
"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.[17] 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.[18]
Investigation of reports
Each year in the US approximately 2 million allegations are investigated, affecting 1 out of 16 families in the US with children under 18.[11] Law enforcement or public health agencies are responsible for immediately evaluating all reports of abuse. Referrals in most states are screened to determine which are investigated – many clearly do not constitute abuse or neglect, or provide insufficient information to conduct an investigation. Rates of screening vary considerably between states – some investigate all reports, others screen out between 5% and 78% in this manner.[19]
When reports contain sufficient information to warrant an investigation, authorities must make efforts within a reasonable time frame to begin (and conclude) an effective investigation, particularly when there is an imminent risk of physical harm or another emergency. Agencies should coordinate activities to minimize impacts upon the (possible) victim. In the US in 1985 the Children Advocacy Center model was founded, including "Multi-Discipline Teams" (law enforcement, child protection, prosecution, mental health) to interview, treat, manage and prosecute child abuse cases.[20]
Consent to interview(s) of the (possible) victim often must be obtained from guardians, unless there is reason to believe such person is the alleged perpetrator. In cases where serious abuse or neglect is substantiated, local law enforcement, prosecutors or other public offices must be notified, and a copy of the investigation report must be sent.
US school districts adopted policies, following the 9th Circuit's ruling in Greene v. Camreta, requiring police or state case workers to produce a warrant, court order, parental permission or exigent circumstances prior to interviewing a student on school grounds as part of a sexual abuse investigation.[21]
Substantiation by maltreatment type
Total U.S. maltreatment substantiation annual rate is less than 1% of U.S. child population (9.3 per 1000 non-duplicates).[22] Of those:
The% of US children affected annually by substantiated neglect, physical and sexual abuse:
Neglect – less than ¾ of 1% (74.7 per 10,000)
Physical Abuse – less than 1/5th of 1% (16.2 per 10,000)
Sexual Abuse – less than 1/10th of 1% (8.6 per 10,000)[23]
Appeals/expunction
An attempt to appeal a decision is administrative, involving a review within the CPS agency, by CPS staff.[24] CAPTA requires that states have procedures for expunging records. Procedures for doing so vary and may not be adhered. Ten states do not have provisions.[25]
Arkansas, a CAPTA compliant state and a leader in addressing problems with the Child Maltreatment Registry has laws and procedures to remove one's name from the Central Abuse Registry after one year. (see Arkansas Department of Human Services Policy and Procedure Manual).[26]
Child removals as a result of mandatory reporting
CPS can take a child into protective custody with assistance from the police. Each day in the US approximately 700 children are removed from their parents to protect them from alleged abuse or neglect.[27] In 2001, one US child every 5 minutes (approximately 100,000 children) was removed from their family who was later determined not to be maltreated.[27]
Due to the human impact of removal, the law in the US requires it to be used sparingly. The U.S. Supreme Court has held that the Fourteenth Amendment to the U.S. Constitution provides a fundamental right to family integrity, requiring the state to provide notice and a hearing before forcibly separating a parent and child- with the exception of occasions when a child's life or health is in danger. Most removals are done on an emergency basis, bypassing the courts but requiring a post removal hearing.[27]
Consequences/effects of investigations on children and their families
Critics of investigations into reports of child abuse state that
A child may be wrongfully removed.
Long, repeated interrogations and physical examinations can leave emotional scars.
Even if not removed, there may be ongoing fear, distrust and insecurity.
Long term foster care can leave lasting psychological scars and do irreparable damage to the parent/child bond.
An accusation of wrongdoing may disrupt a family even if allegations are dismissed.[28] Often, threats and an assumption of guilt over innocence lead to feelings of powerlessness, inadequacy, depression, denial of due process and liberties, reputations tarnished and privacy invaded, and legal consequences if assumed guilty.[27]
There may be economic harm due to the need to obtain legal representation to defend one's self and comply with the requirements demanded of them. Often, names are listed on CPS Central Registries/databases (different from Sex Abuse Registries) for decades, used for employment and licensing background checks.[citation needed] Frequently an accusation triggers placement of a person's name on the registry without being charged or convicted of a crime, resulting in a registry with "false-positives" entangled with wrongdoers.[citation needed] There is a 1.2–12.3% recidivism rate (repeat substantiations within 6 months of initial substantiations).[29]
Training
Training is typically offered wherever mandated reporting laws are enforced, entailing matters such as recognition of abuse and neglect, what must be reported, how to report it, anonymity, immunity and penalties.
Training programs often use educational materials that use pat phrases and ambiguous indicators: e.g. defining emotional abuse to include the failure to provide a child with "adequate love" or reporting children who are withdrawn or shy as well as children who are friendly to strangers, despite the fact that only a small minority of children who exhibit such behaviors have been abused.[30][13]
Training is available through a variety of sources. Many local child protective service organizations conduct classroom training. Training is also available through video and web-based courses.
Criticism
Critics state that mandatory reporting may make the public more vigilant or overload the child welfare system which may increase tax dollars and needlessly separate children from their parents.[31] It is predicted that expanding the list of mandated reporters or creating tougher penalties for failure to report will increase the number of unfounded reports.[32] Mandatory reporting is also criticized because it jeopardizes the ability of people to seek medical treatment or maintain a therapeutic relationship for fear of being reported. It has also been criticized for disproportionately affecting African-American families.[33][pageneeded]
Critics also state that much that is now defined as child abuse and neglect (due to vague and broad laws) does not merit governmental interference.[34] Unsubstantiated rates are enormous and go beyond anything reasonably needed and should concern everyone.[13][35][editorializing] Emotions about child abuse and sensational media coverage has led to an overreaction by some professionals and citizens, who report many cases that do not amount to child abuse.[13] Eagerness to protect children cannot be allowed to overcome commitment to fairness and due process.[13][35][editorializing]
A further criticism is that mandatory reporting laws have had unintended consequences. Individuals, including juveniles, who have never been convicted of anything may be placed on child abuse registries for decades, limiting educational and employment opportunities due to background checks. Unnecessary investigation by professionals (under threat of prosecution) discourages fellow citizens from taking positive neighborhood action with families in trouble, as they may consider that their responsibilities have been met when they call in an anonymous hotline.[34]
Better publicized and widely known use of statistics may have important implications for public policy.[9] This would reduce hysteria about child abuse, which would lower rhetoric and high rates of unfounded reporting. This would reduce the burden on child protection agencies and would be fairer to the children and parents involved.[13]
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.
Child abuse is physical, sexual, and/or psychological maltreatment or neglect of a child or children, 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 harm to a child and can occur in a child's home, or in the 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, responding to allegations or suspicions of abuse, providing support and services to protect children, and holding those who have harmed them accountable.
In many jurisdictions in the Western world, a mandated reporter is a person who is legally required to report observed or suspected abuse. 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 people working in professions perceived to be likely to expose them to vulnerable people, though it may also include unpaid people who have assumed full or intermittent responsibility for the care of a child, dependent adult, or senior citizen.
The Child Abuse Prevention and Treatment Act of 1988 provides financial assistance for demonstration programs for the prevention, identification, and treatment of child abuse and neglect and to establish a National Center on Child Abuse. Additionally, it identifies the federal role in supporting research, evaluation, technical assistance, and data collection activities; establishes the Office on Child Abuse and Neglect; and mandates the National Clearinghouse on Child Abuse and Neglect Information. It also sets forth a minimum definition of child abuse and neglect.
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.
The Adam Walsh Child Protection and Safety Act is a federal statute that was signed into law by U.S. President George W. Bush on July 27, 2006. The Walsh Act organizes sex offenders into three tiers according to the crime committed, and mandates that Tier 3 offenders update their whereabouts every three months with lifetime registration requirements. Tier 2 offenders must update their whereabouts every six months with 25 years of registration, and Tier 1 offenders must update their whereabouts every year with 15 years of registration. Failure to register and update information is a felony under the law. States are required to publicly disclose information of Tier 2 and Tier 3 offenders, at minimum. It also contains civil commitment provisions for sexually dangerous people.
The Nature and Scope of the Problem of Sexual Abuse of Minors by Catholic Priests and Deacons in the United States, commonly known as the John Jay Report, is a 2004 report by the John Jay College of Criminal Justice, commissioned by the U.S. Conference of Catholic Bishops, based on surveys completed by the Roman Catholic dioceses in the United States. The initial version of the report was posted on the Internet on February 27, 2004, with corrections and revisions posted on April 16. The printed version was published in June 2004. The church's own John Jay Report is online at John Jay Report.
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.
Disability abuse is when a person with a disability is abused physically, financially, sexually and/or psychologically due to the person having a disability. This type of abuse has also been considered a hate crime. The abuse is not limited to those who are visibly disabled or physically deformed, but also includes those with learning, intellectual and developmental disabilities or mental illnesses.
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.
Child sexual abuse laws in the United States have been enacted as part of the nation's child protection policies.
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.
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.
A juvenile sex crime is defined as a legally proscribed sexual crime committed without consent by a minor under the age of 18. The act involves coercion, manipulation, a power imbalance between the perpetrator and victim, and threats of violence. The sexual offenses that fall under juvenile sex crimes range from non-contact to penetration. The severity of the sexual assault in the crime committed is often the amount of trauma and/or injuries the victim has suffered. Typically within these crimes, female children are the majority demographic of those targeted and the majority of offenders are male. Juvenile sex offenders are different than adult sex offenders in a few ways, as captured by National Incident Based Reporting System: they are more likely to be committed in school, offend in groups and against acquaintances, target young children as victims, and to have a male victim, whereas they are less likely than their adult counterpart to commit rape.
References
↑ C. Henry Kempe and Ray E. Helfer, editors: The Battered Child. 1st edition, 1968. 2nd edition, Chicago: Chicago University Press, 1974. 3rd edition, 1980. 5th edition by M. E. Helfer, R. Kempe, and R. Krugman, 1997.
↑ C. H. Kempe, Frederic N. Silverman, Brandt F. Steele, William Droegemuller, Henry K. Silver: "The Battered Child Syndrome." Journal of the American Medical Association, 1962, 181: 17–24. Tardieu's syndrome. Also called Caffey–Kempe syndrome.
↑ Bromfield, Leah; Holzer, Prue. "Australian Institute of Family Studies Submission to the Special Commission of Inquiry into Child Protection Services in NSW". CiteSeerX10.1.1.385.2444.
1 2 Finkelhor, David; Lisa Jones; Anne Shuttuch. "Updated Trends in Child Maltreatment, 2010"(PDF). University of New Hampshire, Crimes Against Children Research Center. Retrieved 19 December 2011.
↑ Finkelhor, David; Lisa Jones; Anne Shuttuch. "Updated Trends in Child Maltreatment, 2010"(PDF). University of New Hampshire, Crimes Against Children Research Center. p.1. Retrieved 19 December 2011.
↑ Arkansas Department of Human Services, Division of Children and Family Services (2013). "Arkansas Department of Human Services, Division of Children and Family Services, Policy and Procedure Manual: Child Maltreatment Central Registry". Arkansas Department of Human Services, Division of Children and Family Services: 293–328.{{cite journal}}: Cite journal requires |journal= (help)
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