Child Abuse Reporting
(April 2005
, Volume 1)
… Therapists must know the nuances of the child abuse reporting laws in their respective states. Assuming that one is a mandated reporter, the liability here can be great. A failure to timely report child abuse can lead to disciplinary action by the licensing board and to civil liability - malpractice. Additionally, a failure to report may constitute a crime. Again, the nuances are critical. For example, how does your state’s law treat the issue of an adult who was abused as a child? A twenty- year old patient tells her therapist that when she was twelve, her gym teacher fondled her. This would generally not be reportable in California. The therapist is finding out that an adult was abused when a child. The adult client could report it if she wanted to. And, in California, at least to date (there have been efforts to change this), the therapist has no duty to investigate. How does your state treat this situation?
… Another nuance to be aware of is in the area of domestic violence, where no physical injury is inflicted upon the child. What if spousal abuse or domestic violence occurs in front of a child? Is this reportable as child abuse (e.g., emotional abuse, child endangerment)? In California, it would generally be at least a permissive report (emotional abuse) and depending upon the circumstances, a mandatory report (child endangerment).
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Child Abuse Reporting
(April 2005
, Volume 2)
… Suppose a therapist or counselor (mandated reporter) in state “A” is told by her sixteen year old patient that she was abused by her uncle in state “B” when she was visiting him there eight years earlier. Suppose that she calls the appropriate county agency (e.g., child protective services or a law enforcement agency) in State “A” to which reports must be made. She is told that since the abuse took place and the abuser resides in State “B,” that she should report in state “B.” If she does, she could be in big trouble – depending upon the nuances of the applicable state law. In California, there is a law that requires the California agency to take the report from the California-mandated reporter. A report to the other state by the therapist might well constitute a breach of confidentiality. Be careful. Check this nuance out in the reporting laws in your respective states.
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Child Abuse Reporting
(May 2005
, Volume 1)
… A man punches a pregnant woman in the stomach. If the therapist finds out about this in the course of therapy, does this constitute reportable child abuse? Depending upon the interpretation of state laws, the answer may vary. In some states, for example, a fetus is not considered to be a “child” for purposes of the child abuse reporting law, which may define “child” as a “person” under the age of eighteen. Check it out! What is the law in your state?
… How old must a child be before he or she can become an emancipated minor under the applicable law in the state where you practice? More importantly, if you are treating an emancipated minor who is sixteen years of age and she tells you that she was forcibly raped (after emancipation), does this necessitate a mandatory report of child abuse? The answer to the question can possibly be found in the emancipation statutes, which may specify the legal effects of emancipation, or perhaps in the child abuse reporting law itself. Is the emancipated minor a “child” for purposes of the child abuse reporting law? Check it out – be prepared.
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Child Abuse Reporting
(September 2005
, Volume 1)
… Why is it important to know the time frame and manner of reporting required by state child abuse reporting laws? Because a failure to timely report child abuse could subject the mandated reporter to criminal liability. I have spoken with many therapists over the years who are faced with a situation where they have determined that something should have been reported but wasn’t. Now, after the required time to report has passed (usually a brief period of time), the therapist is desirous – for one reason or another - of reporting, even though late. If the authorities determine that the late report was made because the therapist may have become aware that someone else reported the abuse and that it might be discovered during the investigation that the therapist failed to report, it is possible that the authorities will charge the therapist with a failure to report – usually a misdemeanor.
If there is an intervening injury or harm to the child during the period of time when the report should have been made and the time it was actually made, the likelihood of a criminal charge against the therapist increases. If, however, it is determined that there was no harm to the child despite the delayed report, and that there is a reasonable explanation for the delay in reporting, the likelihood of a prosecution is lessened. So, be careful – and know the time frames and manner of reporting. Must you report by telephone? Within what period of time must the report be made? Must you also report in writing? Within what period of time must that report be made?
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