Mandated Reporting Laws
The most vulnerable individuals are found within the elderly and children population. Children can be impacted tremendously when experiencing situations that may affect their emotional, physical, and mental stage. Abuse can be seen in different forms such as sexual, emotional, physical abuse, and neglect. If any child is exposed to any of these abuse, it is the law to reach out to the proper authorities in order to protect the child’s life. Each state has its own mandated reporting laws and it is important to be able to recognized the protocol and what the law requires in each state.
What constitute a child abuse in each state may vary, but ultimately, it has the same components. Child abuse is defined as a physical, emotional or psychological abuse including sexual abuse, exploitation, abandonment, or neglect, torture, confinement, cruel punishment in the State of New Mexico. Whereas in Colorado, it constitutes a child abuse or neglect as a resulting in imminent risk of serious harm, death, serious physical or emotional harm, sexual abuse, or exploitation of a child. For Arizona, child abuse consist of infliction or allowing of physical injury, impairment of bodily function or disfigurement, serious emotional damage diagnosed by a doctor or psychologist, and as evidenced by severe anxiety, depression, withdrawal, or aggressive behavior caused by acts or omissions of individual having care and custody of child. All three states are very clear that
abuse or suspected abuse of vulnerable individuals is mandated to be reported in most states
Child abuse is the physical, sexual, emotional mistreatment, or neglect of a child. There are four major categories: neglect, physical abuse, psychological/emotional abuse, and child sexual abuse (Levi, Lo, Selby, and Vandenburg). Neglect is a passive form of abuse in which a perpetrator is responsible to
Defining child abuse is a complicated issue. First, currently the United States does not have a standard definition of child abuse because each state has their definition. Definitions are different at the state and federal level. Child welfare agencies also may have different child abuse and neglect definitions. The Child Abuse Prevention and Treatment Act (CAPTA) define child abuse and neglect as any recent act or failure to act on the part of a parent or caretaker that result in death, serious physical or emotional harm, sexual abuse, or exploitation; an act or failure to act that presents an imminent risk of serious harm (Child Abuse and Neglect User Manual, 2003;
When a child is suspected of being abused, neglected or placed at imminent risk of serious harm by a member of the staff of a private or public school or an institution that cares for the child, the person in charge of the school or facility must notify the child’s parent or other person responsible for the child’s care that a report has been made. The state’s department of child abuse responsibility is to notify the head of a facility, school or establishment that a report has been made.
What is child abuse? From the word “abuse” we can understand that it is some sort of a maltreatment of a child, causing harm and damage both to his physical and psychological well-being. At the Federal level, the Child Abuse Prevention and Treatment Act (CAPTA) describes child abuse and neglect as: “any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse, or exploitation, or an act or failure to act which presents an imminent risk of serious harm.” Child abuse is a very substantial and widely spread problem in U.S. affecting children of any age, gender, race, background or income, with more than 1.8 million investigations done every year and on average, killing more than 5 children every day. The main issue of child abuse is that the abuser is usually someone a child loves or depends on (a parent, sibling, coach, neighbor, etc.), who violates child’s trust putting personal interests first, therefore official numbers of how many children suffer maltreatment might be not accurate enough as remarkable amount of these cases go unreported. Each case of child abuse is unique, with a lot of individual factors involved, nevertheless, we can distinguish some of the common causes, such as poverty, lack of education, depression, mental or physical health
The National Children 's Alliance reported that the number of unique cases of abused and neglected children in the United States stands at an annual rate of 700,000 and rising (as cited in ?U.S. Department of Health & Human Services,? 2016, p. ii). Sadly, this means that more than 1,900 new children become victims of abuse and neglect with each passing day. Neglect was the type of
Child Protective Services (CPS) is a complex system of assessments, investigations, and conclusions. CPS is the central agency in each communities child abuse and neglect service system. It is responsible for ensuring that preventative, investigative, and treatment services are available to children and families endangered by child abuse and neglect. As a result, CPS workers must perform a variety of functions when responding to situations of child maltreatment and play a variety of roles throughout their involvement with child protective clients. Reporting a suspective case of child maltreatment to the local CPS agency (or a family member’s own request for help with the problem) initiates
Under and over reporting is of equal concern because both affect the number of child abuse victims who are in need of help. “Failure to report exposes children to serious injury or even death and over reporting diverts resources from understaffed agencies, thus limiting their ability their ability to protect children in real danger” (Loseke, 285). Another issue is when to decide whether signs of abuse are actual signs of child abuse or just everyday injuries child usually inflict on themselves. Furthermore, this can also impact the whether a person will report the incident or not. For example, two people can see the same incident and depending on their knowledge of child abuse they can, either report it or determine it is not abuse. “A study of non-reporting among teachers, blamed their lack of knowledge for detecting symptoms of child abuse and neglect” (Loseke, 292).
When dealing with suspected physical, sexual, emotional abuse or neglect it is important for every staff member, including support staff, to be aware of how to manage the initial contact with the child, if there is any, and then the appropriate reporting procedure.
It is mandatory to report different types of maltreatment to children which includes child abuse in both physical and sexual, emotional and psychological neglect to children as well as exposing them to any form of family violence (Atkins, K., Lacey, S., Britton, B., 2011).
Child abuse in American today is amongst the most saddened topics of mankind. Many children are subjected to neglect and abuse on a daily basis. The sex and age of child makes no difference when it comes to child abuse.. Boys and girls are equally likely to suffer maltreatment. The problem is how often child abuse goes unreported. Millions of children across the world are abused in some way, whether it is verbal, emotional, physical or sexual. Child abuse has been happening all over the world to young children, however many children keep this a secret because of fear of what could happen. Child Abuse consists of any act of commission or omission that endangers or impairs a child’s physical or emotional health and development. It can be
I live and work in the state of Ohio, a state which has established mandated reporting laws in place. According to the Ohio Revised Code (ORC 2151.421 R), those individuals “acting in an official or professional capacity and knows, or has reasonable cause to suspect” (www.codes.ohio.gov/orc/2151.421) incidents of abuse or neglect involving a minor
“Statute prohibits willful or threatened act that harms or is likely to cause harm of physical abuse, neglect, sexual abuse, sexual exploitation, abandonment, or emotional/mental injury. Statute contains exemptions for religion, poverty, or corporal punishment” (“Child Abuse Laws State-by-State.” N.D.). Many laws like this, make child abuse more scarce. Child services are also a step to stopping child abuse.
Child abuse in the United States is a growing epidemic. Every year the number of reported cases, and missing children go up. This is caused mostly by lack of education about the different types of child abuse, and the signs that go along with it. Communities need to provide more resources to better educate the public about the types of abuse, and the signs that go along with it. Child abuse and neglect can be lessened by more resources, more education and to reach out to others.
The issue of child abuse and neglect is serious, controversial, and is escalating in today’s society. Many people are not aware, but child abuse is rampant in our society. Many child abuse and neglect cases go unreported because a person may not know the signs and symptoms of child abuse and neglect or perhaps the person or person may feel that this is an private issue and needs to be handle with in the home and no outsiders should be involved. Without the proper awareness of child abuse and neglect and the involvement of everyone this issue will continue to raise our eyebrows.