Elsevier

Aggression and Violent Behavior

Volume 10, Issue 3, March–April 2005, Pages 311-331
Aggression and Violent Behavior

The process and consequences of reporting child maltreatment: A brief overview for professionals in the mental health field

https://doi.org/10.1016/j.avb.2004.03.001Get rights and content

Abstract

Although it has been more than three decades since the Child Abuse Prevention Act was passed, mandating professionals to identify suspected cases of child maltreatment to protect children, professionals remain hesitant in their reporting of this severe problem. One of the primary reasons professionals fail to report child maltreatment is unfamiliarity with the reporting process. Indeed, most professionals are inadequately trained to diplomatically make these reports, and some fail to report because they fear negative consequences for themselves, the alleged victim, and victim's family. Failing to report child maltreatment is associated with greater risk of future child maltreatment; therefore, this paper reviews child abuse and neglect reporting procedures, while emphasizing consequences that may occur for all involved parties. Methods of preventing negative consequences in this process are underscored, including recommendations for future research in this area.

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

References (102)

  • P.G. Tjaden et al.

    Predictors of legal intervention in child maltreatment cases

    Child Abuse and Neglect

    (1992)
  • B. Weinstein et al.

    Child Abuse and Neglect

    (2000)
  • D.J. Agatstein

    Child abuse reporting in New York State: The dilemma of the mental health professional

    New York Law School Law Review

    (1989)
  • M. Allen

    Crafting a federal legislative framework for child welfare reform

    American Journal of Orthopsychiatry

    (1991)
  • S.J. Bavolek

    Why aren't school personnel reporting child abuse in Wisconsin?

    Teacher Education and Special Education

    (1983)
  • G. Baxter et al.

    Educational needs of school personnel regarding child abuse and/or neglect

    Psychological Reports

    (1990)
  • B. Beezer

    Reporting child abuse and neglect: Your responsibility and your protection

    Phi Delta Kappan

    (1985)
  • L. Berliner

    Is family preservation in the best interest of children?

    Journal of Interpersonal Violence

    (1993)
  • D.J. Besharov

    Right versus rights, the dilemma of child protection

    Public Welfare

    (1985)
  • D.J. Besharov

    Policy guidelines for decision making in child abuse and neglect

    Children Today

    (1987)
  • D.J. Besharov

    Recognizing child abuse: A guide for the concerned

    (1990)
  • D.J. Besharov

    Responding to child sexual abuse: The need for a balanced approach

    The Future of Children

    (1994)
  • D.J. Besharov et al.

    Don't call it child abuse if it's really poverty

    Journal of Children and Poverty

    (1997)
  • D. Brieland et al.

    Social work and the law

    (1977)
  • M.A. Bromley et al.

    Complying with mandated child protective reporting: A challenge for treatment professionals

    Alcohol Treatment Quarterly

    (1988)
  • A.D. Brooks

    The incapacitation by civil commitment of pathologically violent sex offenders

  • A. Buchele-Ash et al.

    Forensic and law enforcement issues in the abuse and neglect of children with disabilities

    Mental & Physical Disability Law Reporter

    (1995)
  • G.E. Burns et al.

    A sociological perspective on implementing child abuse legislation in education

    Interchange

    (1983)
  • R.A. Butz

    Reporting child abuse and confidentiality in counseling

    Social Casework

    (1985)
  • California Penal Code 11166[a]. (n.d.). Retrieved April 21, 2003 from...
  • M. Chamberlain et al.

    Legal aspects of child abuse and child neglect

    American Journal of Forensic Psychiatry

    (1982)
  • W.G. Clouser

    Abused and neglected students

  • L. Conte et al.

    The impact of sexual abuse on children: Empirical findings

  • B. Donohue et al.

    Child physical abuse and neglect

  • B. Donohue et al.

    A standardized method of diplomatically and effectively reporting child abuse to state authorities: A controlled evaluation

    Behavior Modification

    (2002)
  • B. Donohue et al.

    An ecobehavioral approach to child maltreatment

  • D.N. Duquette

    Mental health professionals and child custody disputes: Are there alternatives to the adversarial process?

    Infant Mental Health Journal

    (1981)
  • J. Eckenrode et al.

    Substantiation of child abuse and neglect reports

    Journal of Consulting and Clinical Psychology

    (1988)
  • C. Felzen et al.

    Injury variables in child abuse

    Child Abuse and Neglect

    (1985)
  • D. Finkelhor

    Is child abuse overreported?

    Public Welfare

    (1990)
  • D. Finkelhor

    New myths about the child welfare system

    Child, Youth, and Family Services Quarterly

    (1992)
  • B. Flicker

    A short history of jurisdiction over-juvenile family matters

  • B.G. Fraser

    A pragmatic alternative to current legislative approaches to child abuse

    American Criminal Law Review

    (1974)
  • G.E. Fryer et al.

    Good news from CPS workers

    Public Welfare

    (1990)
  • E.G. Garrison

    Psychological maltreatment of children: An emerging focus for inquiry and concern

    American Psychologist

    (1987)
  • J. Giovannoni

    Definitional issues in child maltreatment

  • J. Goodwin et al.

    Why physicians should report child abuse: The example of sexual abuse

  • G. Harper et al.

    Alliance formation with parents: Limit-setting and the effect of mandated reporting

    American Journal of Orthopsychiatry

    (1985)
  • Cited by (0)

    View full text