HMGT 372 ASSESMENT 3
BYSTANDER
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Assignment # 3:
Raising Organizational Awareness
HMGT 372 7981
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Child Abuse Mandatory Reporting
Topic The topic of this paper is the Mandated Reporting of Child Abuse and Neglect which has
been ordered by federal and state legislative departments in efforts of preventing, investigating
and treating any suspicious incidents of child maltreatment. Mandated Reporters (MRs) of
suspected child abuse include teachers, law enforcement officials, child care providers, dentists,
clergy and personnel of medical institutions. In 2013, MRs in Maryland reported over 13,000
cases of suspected child abuse with 38.2% of those cases resulting in post response services
requiring foster placement and in/out home monitoringi. Purpose
In a letter from the Associate Commissioner of the United States Health and Human
Resources, the national rate of child maltreatment has declined in the five years reporting period
of 2009 to 2013. This decline represents an “estimated 23,000 fewer victims in 2013 (679,000)
compared with 2009 (702,000)” (ACF, 2015). When the proper programs and systems are
engaged, the majority of maltreatment cases in children can be preventable or limited therefore,
the purpose of this paper is to raise awareness of Mandatory Reporting to all personnel involved
in the operational functions of a Maryland hospital’s emergency room department. This briefing
is to be addressed to any and all professional representatives of any Maryland medical
institutions emergency room department to include: administrative personnel, security officials,
housekeeping aids, laboratory technicians, nurses and physicians. The briefing will detail the
legal responsibility required of all affected personnel to report any suspicion, knowledge or
evidence obtained regarding child abuse and/or neglect. In addition to the legal responsibility,
this briefing will address the consequences associated with a MRs refusal or neglect to file an
official report of instances of child abuse or suspicion thereof. Discussion
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Child Abuse Mandatory Reporting
The Child Abuse Prevention and Treatment Act (CAPTA) 2010 is a federal law that was
enacted for the purpose of providing state funding through grants in support of the assessing,
investigating, prosecuting and preventing of child abuse and neglect. According to the 42 U.S
Code Chapter 37, congressional findings, “(D) recognizes the need for properly trained staff with
the qualifications needed, to carry out their child protection duties; (7) the failure to coordinate
and comprehensively prevent and treat child abuse and neglect threatens the futures of thousands
of children; (8) all elements of American society have a shared responsibility in responding to
child abuse and neglect” (§5101, pg. 11). These findings among many others is accomplished by
the oversight of the federally appointed, Office on Child Abuse and Neglect. Some functions of
the Office of Child Abuse and Neglect are to evaluate, assist and monitor the states regulations
regarding maltreatment reporting. Since the degree of regulation varies by states this briefing will only focus on the
regulations required for mandatory reporting in reference to the State of Maryland. In Maryland,
the child abuse and neglect law also known as, Family Law Article, requires that all
professionals, including health practitioners, who have reasonable suspicion or knowledge of to
abuse and/or neglect of a child must make an oral report to the local Department of Social
Services. Furthermore, if the professional believes the child is in impending danger, the report
should be made to the local law enforcement agency, as well as to the local Health and Human
Service Department. (§5-704, §5‐705). Under Maryland FLA, if the professional or health
practitioner is an employee of a hospital, their immediate responsibility as an employee of an
institution to report the alleged incident to the head of the institution and follow all policies as set
forth by the employing institution. In efforts of obtaining and maintain accreditations from the Joint Commission, it is
imperative that the professional follow the institutional policy for the hospital in which the
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Child Abuse Mandatory Reporting
professional is employed. The Joint Commission grants accreditation to those institutions that are
in compliance with the state regulations regarding mandatory reporting, among other regulations.
It is for this reason that the institutions policy must be adhered to for all occurrences of
mandatory reporting. Under institutional policy, any effected personnel must immediately report
to the head of the institution or an appointed designee with all relevant information needed to file
a formal complaint of abuse. The proper information required to file a complaint include any of
the following:
Name, age, and home address of the child; Name and home address of the parent or party responsible for the child’s care; Whereabouts of the child; Nature and extent of the abuse or neglect of the child Evidence or information available to the reporter concerning possible previous
Instances of abuse or neglect and; Evidence or information that would help to determine the cause of the suspected
abuse or neglect Identity of any individual responsible for the abuse or neglect. Observable, identifiable and substantial impairment of a child’s mental or
psychological ability to function. Any relevant information known to the reporter that may aid in the investigation
of the report. ii
Once the oral report is received containing any or all of the information listed above, the
child’s medical records will be updated to include a notation of the report, a formal complaint
will be filed with the local health and human services department and law enforcement on behalf
of the reporter by the head of the institution or designee. Once a formal complaint is made to the
proper authorities by an assigned representative of the institution, the MRs remains responsible
for additional reporting. The MRs are required to also call the idss hotline for your residing
county to file an oral report. For a list of local reporting phone numbers for you county visit:
http://www.dhr.state.md.us/blog/?page_id=4631.
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Child Abuse Mandatory Reporting
All reports are confidential and the name of the reporter is kept confidential from all
records of investigation. In the event that court testimony may be required, a reporter may be
subpoenaed under court order to testify; at which time the identity of the reporter will be known. Due to the risk of further injury to the child or in efforts of preserving life the details regarding
the report are to be kept to as needed basis and privacy and confidentiality requirements must be
held to the highest standards. Failure to report concerns of child abuse and neglect in the state of Maryland are not
punishable under civil or criminal charges. However, under federal regulation, the neglect,
falsification or interference of a report is criminally punishable as a misdemeanor not to exceed
five years of imprisonment and/or a fine not to exceed $10,000. In addition to the criminal
charges, a formal complaint will be filed with the state licensure board and licensed health
professionals can expect to have their practicing license suspended or revoked. Conclusion
In summary, it is the primary responsibility of any member of the Maryland hospitals
employed emergency room operation to disclose and report any knowledge or suspicion of child
abuse in accordance with the institutions policy, federal and state regulations. Failure to report
accordingly has imposable consequences. For additional information regarding Mandated
Reporting please visit: http://www.acf.hhs.gov/programs/cb/resource/capta2010
References Administration for Children and Families (ACF). (2007). National Survey of Child and
Adolescent WellBeing, No. 3: Children’s cognitive and socioemotional development and their receipt of special educational and mental health services. Washington D.C.: U.S. Department of Health and Human Services. Retrieved from http://www.acf.hhs.gov/programs/opre/resource/national-survey-ofchild-and-adolescent- well-being-nscaw-no-3-childrens
Administration for Children and Families, U.S. Department of Health and Human Services (ACF). (2015). Child Maltreatment 2013. Washington, D.C. Retrieved from http://www.acf.hhs.gov/programs/cb/research-data-technology/statistics- research/childmaltreatment
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Child Abuse Mandatory Reporting
CAPTA, The CAPTA Reauthorization Act of 2010, Public Law 111–320, (42 U.S.C. 5106a), retrieved from http://www.acf.hhs.gov/programs/cb/resource/capta2010
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i Maryland state statistics found on page 102, table 6-2 of 24th edition of the annual Child Maltreatment 2013. Report is based on federal fiscal year 2013 data submitted by 50 states, the District of Columbia, and the Commonwealth of Puerto Rico and collected via the National Child Abuse and Neglect Data System (NCANDS).
ii Maryland Family Law Article Section 5-704(c)
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