discussion

MANDATED REPORTING

History

 States began to adopt laws in the 1960s  Professionals at child abuse conference

recommended mandated reporting by physicians of possible physical abuse

 By 1967, all states and DC had mandatory reporting laws

 CAPTA (1974)  List mandatory reporters  Provide immunity  Ensure confidentiality of records

Who is required to report?

 Originally only physicians  States typically include people who have contact

with children as part of their professional duties  Daycare workers  Medical personnel  Educators  Religious personnel (exception: priest/penitent)  Counselors  Social service  Police  Permissive reporters

When to Report

 “Reasonable cause” to believe a child has been or will be maltreated

 What constitutes maltreatment?  How sure do you have to be to report?

How to Report

 Call local CPS, state child abuse hotline, or police  Call the national hotline: 1-800-4-A-CHILD  Provide as much accurate information as possible:

 Who: child and caregiver’s name, demographic info, address, perpetrator info

 What: type and frequency of alleged abuse; info about injuries; reasons you are concerned

 When: when did the alleged abuse occur; when/how did you find out

 Where: where the incident occurred; status of child; does perpetrator have access to child

 How: is there a chance of imminent danger to the child?

Anonymity

 Reporters can remain anonymous, but this is not recommended

 Allegation is more credible if you leave your name  CPS has limited resources; more resources for more

credible allegations  Follow up questions  Record that you performed your duty as a

mandated reported  Reporter protected

 Family never told who made the report

Failure to Report

 Considered a misdemeanor  Fines from $25 to $5000  Jail: 10 days to one year

 Why might someone not want to make a report?

New Jersey Law

 ANY PERSON having reason to believe that a child is being abused or will be abused, you must make a report

 Call 877-NJ-ABUSE  If danger appears immediate, call 911  Call can be anonymous  Criminal and civil liability if report made in “good faith”  If you fail to make a report,

 you can be charged as a disorderly person: $1000 fine and/or up to six months in jail

 You can be sued for malpractice