RESEARCH INTO MANDATORY REPORTING IN USA
Task
To research examples of legislative protocol relating to the mandatory
reporting of child abuse in the USA. Examples and commentary are to be
provided when relevant.
Intro
There is legislative provision for the reporting of child abuse in every state of
the USA, to differing levels. Teachers, doctors and nurses are required to
report suspected abuse in every state.
With minor exceptions, social workers, childcare workers and law
enforcement officials are obliged to report suspicions of child abuse.
Pennsylvania
Provision
Pennsylvania has a comprehensive list of officials who are subject to
mandatory reporting, including teachers/principals, doctors and care workers.
Those governed by the mandatory report principle must report any suspicion
of child abuse with 24 hours. There is a dedicated hotline for such reports,
and the advisor will discuss the appropriate next steps with the reporter.
The Law
Chapter 63 Title 23 of the Pennsylvania Statutes governs mandatory
reporting, with Ch 63.23 s.6311 detailing those that are caught by the
provision. Ch 63.23 6313 says that a report shall be made immediately by
telephone and in writing within 48 hours after the oral report. The oral report is
to be given to “The ChildLine and Abuse Registry Intake Unit”, established by
Subsection C of Ch 63.23.
Ch 63.23 s.6319 states that a mandatory reporter who wilfully fails to report as
required commits a misdemeanour of the third degree for the first violation
and a misdemeanour of the second degree for a second or subsequent
violation. There is no specific provision detailing the punishment to be
imposed.
The statute in question can be found online at
http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/23.HTM
Commentary
In 2011 there was a scandal at Penn State University, in which it was alleged
that an assistant football coach had molested 10 boys over 15 years. A
graduate assistant had seen the abuse and reported it to 2 officials. No further
action was taken.
Prior to this scandal it was noted that there had been just 3 other cases filed
relating to failure to report abuse, with the most severe punishment being
listed as a $375 fine.
According to the “We Can Do Better: Child Abuse and Neglect Deaths in
America” 2012, the child abuse and neglect death rates were at 1.04 deaths
per 1000,000 children [Child Maltreatment 2010 – Us Department of Health
and Human Services; Administration for Children and Families]
Vermont
Provision
In Vermont officials required to report suspicions of child abuse extend to
include librarians, clergy, pharmacists and hospital interns. If any person
governed by this law suspects a child of being abused or neglected then they
have 24 hours in which to file a report. This can be done via a specialist 24hour child protection hotline which is manned by social workers. The reporter
will then be required to fax a written report to a centralised service.
The Law
Chapter 49, Title 33 of the Vermont Statutes governs mandatory reporting. It
states that any of those persons named in Ch 49.33 s.4913 who has
reasonable cause to believe that any child has been abused or neglected
shall report or cause a report to be made in accordance with the provisions of
section 4914 of this title within 24 hours. Ch 49.33 s.4914 states that a report
shall be made orally or in writing to the Commissioner or designee. The
Commissioner or designee shall request the reporter to follow the oral report
with a written report, unless the reporter is anonymous.
Punishment for failure to report suspicions of child abuse is governed by Ch
49.33 s 4913 (f). This states that a person who violates the law requiring
mandated reporters to report suspected child abuse or neglect shall be fined
not more than $500. A person who violates the reporting laws with the intent
to conceal abuse or neglect of a child shall be imprisoned no more than 6
months, fined for no more than $1,000, or both.
The legislation can be found online at
http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=33&Chapter=049&Sec
tion=04913
Commentary
According to the “We Can Do Better: Child Abuse and Neglect Deaths in
America” 2012, Vermont has one of the lowest report rates of reports, at just
14,278 in 2010, and one of the highest child abuse and neglect death rates, at
3.17 deaths per 1000,000 children [Child Maltreatment 2010 – Us Department
of Health and Human Services; Administration for Children and Families]
Florida
Provision
If any person governed by this law suspects a child of being abused or
neglected then they have 24 hours in which to file a report. This can be done
via a specialist 24-hour child protection hotline.
Failure to report suspicions of child abuse is a misdemeanour. However this
will be upgraded to a felony if the failure to report is in more serious situations
[the only other states where this applies are Arizona and Minnesota].
The Law
Chapter 39, Title 201 of the Florida Statutes mandates that any person who
knows, or has reasonable cause to suspect, that a child is abused, neglected,
or abandoned by a parent, legal custodian, caregiver, or other person
responsible for the child's welfare shall immediately report such knowledge or
suspicion to the Florida Abuse Hotline of the Department of Children and
Families. [Those governed by this provision are expressly stated in Ch 39.201
(1) (b). This does not apply to the ‘general public’]
In 2012, the "Protection of Vulnerable Persons" Ch. 2012‐155 was passed
into the Laws of Florida. The bill removes the limitation that only "caregiver"
abuse be reported to the hotline by requiring any person to report known or
reasonably suspected physical or emotional abuse of a child by any adult
person. The bill also requires any person to report known or reasonably
suspected sexual abuse of a child by any person. This bill also states that the
knowledge and wilful failure of a person, who is required to report known or
suspected child abuse, abandonment, or neglect is elevated from a first
degree misdemeanour to a third degree felony. As a result, the potential
prison sentence is raised from 1 year to 5 years, and the potential fine is
raised from a maximum of $1,000 to a maximum of $5,000.
The legislation can be found online at
http://www.flsenate.gov/laws/statutes/2011/39.201
Commentary
According to the “We Can Do Better: Child Abuse and Neglect Deaths in
America” 2012, Florida has the highest child abuse and neglect death rates,
at 4.44 deaths per 1000,000 children. In 2010 there were 180 deaths as a
consequence of neglect or abuse. Despite this Florida has one of the highest
rates of reports for abuse, with 193,339 being made in 2010. [Child
Maltreatment 2010 – Us Department of Health and Human Services;
Administration for Children and Families]
Following the introduction of a felony offence for failure to report in late 2012,
child abuse reports increased by 25%
[http://www.wtsp.com/news/reporter/article/277062/79/Child-abuse-reportsincrease-under-new-Florida-law]
English Law
There exists a similar provision in English Law to that which the new
Mandatory Reporting Law would be enacted, and that is in the field of Money
Laundering. The section has been amended to take account of changes for
the new legislation .Section 330 of the Proceeds of Crime Act 2002 states
330 Failure to disclose: regulated sector
(1)A person commits an offence if each of the following three conditions is
satisfied.
(2)The first condition is that he—
(a) knows or suspects, or
(b) has reasonable grounds for knowing or suspecting,
that any child has been abused or neglected.
(3)The second condition is that the information or other matter—
(a) on which his knowledge or suspicion is based, or
(b) which gives reasonable grounds for such knowledge or suspicion,
came to him in the course of a regulated activity.
(4)The third condition is that he does not make the required disclosure as
soon as is practicable after the information or other matter comes to him.
Obviously the law would have to be amended to define what a regulated
activity meant – and that is intended to include any professional engaged in a
position of loco parentis towards a child, there are many examples in the
American legislation that could be used.