The process and consequences of reporting child maltreatment: A brief overview for professionals in the mental health field
Introduction
Perhaps one of the more difficult issues faced by professionals, especially those in the mental health field, is that of reporting suspected child maltreatment. Despite being legally mandated to do so, many professionals often fail to report suspected cases of child maltreatment Bavolek, 1983, Faller, 1985, Hinson & Fossey, 2000. Indeed, Brosig and Kalichman (1992) found that approximately 40% of 3000 mental health professionals surveyed failed to report suspected abuse during their professional careers. This failure is often due to, or exacerbated by, lack of knowledge and skill of the process of reporting child abuse and neglect Abrahams et al., 1992, Bavolek, 1983, Baxter & Beer, 1990.
In this review, we will fully describe the process involved in reporting child maltreatment to authorities, as well as its resulting outcomes. The review will include an empirical depiction of what specific circumstances require mandated reporting, legal liabilities relevant to failing to report, administrative procedures involved in the initiation of oral and written reports, and issues that are often involved when making reports [e.g., deciding when to involve significant others in the reporting process, balancing institutional requirements with state mandates, role of court, law enforcement, and Child Protective Services (CPS)]. Likely outcomes of reporting child maltreatment will also be underscored, including risk of further child maltreatment, custody changes, intervention and prevention services, and judicial proceedings. Whenever possible, empirically based methods of preventing negative consequences of reporting child abuse and neglect will be presented.
Section snippets
Mandate
Mandated reporting of suspected cases of child maltreatment by professionals was prompted by the Child Abuse Prevention and Treatment Act (CAPTA, P.L. 93-247) of 1974. This act required state legislatures to address child maltreatment prevention to qualify for federal assistance programs. As a result, the majority of state legislatures adopted federal requirements which included (1) coverage for all children under 18, (2) coverage of mental and physical injury, (3) abuse and neglect reports,
Legal liability
Mandated reporters might be concerned about potential legal repercussions of reporting suspected child maltreatment. However, all 50 states, as well as the District of Columbia, provide immunity to professionals who report abuse, or suspected abuse, with honesty and in good faith Beezer, 1985, Nalepka et al., 1981. Good faith is defined as the absence of malicious intent (Kalichman, 1999). Along these lines, Besharov (1994) emphasized that regardless of weak evidence for reporting, as long as
Reporting requirements
Nearly all 50 states require an immediate oral report often followed by a written report to the designated authorities (Heymann, 1986). The purpose of the oral report is to facilitate immediate protective action should the child's life or health be in danger (Meriwether, 1986). Recipients of reports are typically designated by individual state law and generally include one or more of the following agencies: Department of Social Services, Department of Human Resources, Division of Family and
Investigation
Should an oral and/or written report be made to, and accepted by CPS or other appropriate agency, an investigation will follow. Most states have established time frames for beginning the investigation of reports. In 2001, the average response time for CPS from receipt of the report to investigation was 54 h (U.S. Department of Health and Human Services, 2003). In most states, the report is prioritized. High-priority reports (e.g., sexual abuse) usually require an instantaneous response from CPS
Intervention
Upon completion of an investigation, CPS professionals must determine when a child is in need of protection and treatment. This decision may be more difficult in some situations than in others. A case in which the child has been found to have serious physical or mental injury automatically requires the CPS professional to provide protection (Besharov, 1988). Multiple options for intervention are available. CPS may intervene through any of the following methods: provide necessary services to the
Placement
A request to remove the child from the home may occur if the child is in immediate danger, or if neglectful conditions far exceed those of a healthy environment. For example, Nevada law states that CPS must protect the legal rights of the parent and child, and when deemed necessary, provide emergency shelter for the child to prevent and correct the abuse or neglect (NRS 432B.190). If a child is deemed in serious danger, a social worker or law enforcement official may remove the child from the
Prosecution
Prosecution typically requires evidence provided by multiple agencies. Teamwork between CPS workers, law enforcement, and others provide evidence to convict the perpetrator (Brooks, 1996). Collecting evidence helps to ensure that the child will not have to testify to convict the perpetrator, when indicated. Additionally, evidence aids the prosecution to decipher whether the child is capable of providing testimony and the type of sentencing to recommend to the court (Sproles, 1985). If the
Consequences of the reporting process
Consequences of reporting child maltreatment are tenable, as the outcome and potential effects on the child and family, such as being labeled a victim and perpetrator, must be considered (Nalepka et al., 1981). Consequences in most situations may be both positive and negative. For example, a report may put an end to the abusive situation, yet involve intrusion into family functioning. Despite personal feelings and beliefs about the reporting process, practitioners are urged to maintain
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