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Child Abuse
Objectives: Upon completion of this course, the student
will know the forms of child abuse,
how to recognize abuse, reporting
requirements and current statistics on child abuse in the United States.
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INTRODUCTION
Child abuse describes a variety of abnormal behaviors directed against
children. It can take many forms. Child abuse in general is a
psychological problem or perversion of the abuser. The abuser is referred
to as the perpetrator of abuse.
Child abuse includes the following conditions:
- Child sexual abuse
- Pedophilia
- Physical abuse
- Child neglect
- Emotional neglect
- Failure to thrive
- Munchausen by proxy syndrome
The following descriptions of child abuse are intended for people who
have questions about abuse and how it may present itself. Although some
cases of child abuse are obvious, many are not. These descriptions may
help you identify abuse in its various forms. You will also find
information about what you can do if you observe child abuse or if you are
a parent. If you think you are a child abuser, you will want to seek help.
FORMS
OF CHILD ABUSE
- Child sexual abuse includes any activity that uses a child to
create sexual gratification either in you or in others. Although the
touching of children as a sign of affection and for hygiene is
considered normal and necessary, there is a way to distinguish normal
touching from child sexual abuse. The key is the intention by the
perpetrator to be sexually aroused by the activity or the intention to
create sexual arousal in others. The intent to use children in any way
to create sexual arousal is illegal. This is criminal behavior that is
aggressively prosecuted and severely punished by our legal system.
- Child sexual abuse can include a wide variety of activities, any
of which can be evaluated to determine if they are designed to
create sexual gratification.
- Activities can include any conventional adult sexual
activity with a child. Also included are acts such as touching
the child's genitals or fondling with the intention of
arousing sexual feelings.
- Prolonged kissing, cuddling, "French" kissing,
excessive touching, looking at children either with or without
clothes with the intent to be sexually aroused can also be
included.
- Photographing, videotaping, or filming of children with the
intent to create sexual stimulation is a form of child abuse
as well.
- Other forms of child sexual abuse include exposure of a
child to erotic material in the form of either live behavior
(excessive nudity), photographs, film, or video. The
collection of any photographs or images of children taken by
others in suggestive poses is illegal. The collection of any
excessive number of photographs of naked children in any pose
may draw the attention of law enforcement.
- Any efforts to seduce a minor into a sexual relationship,
whether the act is accomplished or not, will likewise be
considered a form of child sexual abuse and will result in
severe legal consequences. Inappropriate intimacy with
children will also be regarded as child sexual abuse. Any of
these situations should be reported to the authorities
immediately.
- Most child sexual abuse will ultimately be discovered. Once
discovered, the perpetrator will be prosecuted to the full
extent of the law. Broad and flexible laws are aimed at
preventing child sexual abuse. These laws give law enforcement
personnel and prosecutors great latitude to classify and
prosecute as child sexual abuse behavior that they believe is
intended to produce sexual gratification .
- Take care around children at all times to prevent activities
that might be construed as "sexual" abuse. If reasonable
care is taken, displays of affection or inadvertent incidents that
result in exposure of a child to a sexual act or sexual material
(for example, a child walking into a closed bedroom while the
parents are having sex or finding an adult magazine) will not be
considered criminal.
- To identify the physical signs of child sexual abuse, parents
should know the normal appearance of the genitalia of their child
so that they can identify if any changes occur. If a child
complains about problems with his or her genitals, take the child
to the family doctor for examination. Children in day care,
children cared for by others, or children who spend time alone
with other people are at risk of sexual abuse.
- Changes in behavior, including discipline problems, loss of
bowel habits by soiling or bed wetting, insomnia, nightmares,
depression, or other changes in the way a child normally acts can
be signs of sexual abuse. Parents should discuss the possible
reasons for such changes in behaviors with professionals who are
in a position to do proper evaluations of the behavioral changes
and explore the possibility of child sexual abuse.
- Parents, however, should not question the child about possible
abuse. Special techniques and formal interviews are the best forum
for discovering and documenting allegations of sexual abuse.
Contacting your family physician or local child protection
services will usually result in adequate initial investigation of
any concerns.
- Pedophilia, a form of child sexual abuse, is an abnormal
interest in children that is based on the intention by the perpetrator
to be sexually aroused by children
- Someone with an erotic interest in children may collect material
that demonstrates a child in sexual poses. The person may seek
interaction with children with the intention of satisfying an
erotic or sexual desire or actively seek a sexual relationship
with a child. Adults who seek sexual relations with children are
the most extreme and deviant of the pedophiles.
- Using children to create erotic materials or for erotic acts
with other adults is another form of child sexual abuse. In this
form, the intention is not to arouse the abuser, but to arouse
others. The law does not distinguish one from the other. Both are
severely prosecuted.
- Pedophilia, although a mental disorder, if not resisted,
repressed, and treated will result in the most severe legal
consequences. The law will not tolerate pedophilia. It is
imperative that any person who feels sexually attracted to
children immediately seek help from a qualified therapist. People
who use children to create sexual arousal for others are already
involved in serious criminal activity. Report any suspicions to
police immediately.
- Physical abuse of children is defined as excessive
intentional physical injury to a child or corporal punishment of a
child. Torture, beatings, and assault of children are obvious forms of
physical abuse.
- Corporal punishment by parents, on the other hand, is subject to
evaluation and interpretation. In general, spanking with a hand
and other forms of mild physical punishment that do not leave any
marks are considered within the realm of parental discretion.
- Punishment that leads to marks that last for more than a few
minutes can be interpreted as abuse, regardless of intention. The
use of any objects to strike a child (other than with your open
hand) is wrong. That includes belts, paddles, sticks, or any other
object. A family tradition of beatings will not be an acceptable
excuse for severe injury to a child.
- Excessive physical discipline is harmful and dangerous to
children. Small children can be killed by relatively minor acts of
physical violence (for example, shaking, dropping, or throwing the
child against hard surfaces). Any severe beatings with an object,
forceful shaking, submersion in hot water, intentional burning,
and other forms of intentional infliction of pain are
inappropriate and criminal behaviors.
- Any person who has been reared in an environment of violence may
be more likely to inflict violence on others. People who recognize
their tendencies to get angry, out of control, or violent should
seek help. They can learn anger management, child rearing
techniques, and try to suppress their violent tendencies at all
times.
- Seeing others inflict physical abuse on children should prompt
immediate action by the observer. People who are physically
violent generally demonstrate violence again—at higher levels.
Early intervention is the best strategy to avoid lifelong
consequences.
- Child neglect in any form when it concerns a child’s
welfare is generally considered to be criminal behavior. Child neglect
will be considered as a possible diagnosis for children that are
poorly cared for, not fed properly, improperly clothed, denied basic
necessities, denied proper medical care, or treated with indifference
to a degree that appears to cause damage or suffering.
- Parents, caregivers, and guardians of children must seek help
from medical and social services in situations in which children
have less-than-adequate care. Children can develop long-term
medical and developmental problems from such neglect.
- Failure to continue to get help for a child who is not doing
well or who is improperly cared for may be interpreted as another
form of neglect. This can result in criminal action or action by
child protective services that may result in children being
removed from the home and placed in foster care.
- Emotional neglect is a condition in which children do not get
adequate attention from their parents or guardians.
- With mild forms of emotional neglect, children can develop
rebellious behaviors or become alienated from their parents.
- In more severe cases of emotional neglect, especially with
babies or very young children, neglect can result in very abnormal
behaviors, such as these:
- Listlessness
- Profound detachment from the parents
- Poor bonding with other people
- Poor interactive skills with other children or at times
inappropriate attachment to anyone who will pay attention to
them
- These behaviors in young children continue as they get older and
can transform into other personality or mental disorders that can
be difficult, if not impossible to treat.
- Parents who feel their relationship to their children is causing
problems, is stressful, or not working well should consider the
following questions:
- Are you spending time with your children in recreational or
learning activities in which they are the focus of your
attention?
- Do you show your children love and affection?
- Do you feel out of control of your children or detached from
them and their activities?
- Do you have excessive behavioral problems with your
children?
- Are you supervising their time during which you are caring
for them or letting them be on their own and unsupervised?
- Is there excessive yelling, anger, or punishment?
- Do you yourself exhibit bad behaviors in front of your
children that disregard the children such as drug use,
profanity, physical violence, bigotry, or ignoring the child's
feelings and concerns?
- Parents who recognize any of these problems can avoid the
consequences of emotional neglect through parental training
courses, reading, and effort. Seeking a little help can achieve
big results. Children are very responsive to any positive effort
put forth by a parent to improve the parent-child relationship,
especially when children are young.
- Failure to thrive is a condition in which children fail
physically to develop normally to their full genetic potential. It is
caused, most commonly, by medical conditions that can result in
children not growing as expected. At times, though, it can be caused
by intentional or unintentional behavior on the part of the parent.
- The diagnosis is made when a doctor compares the growth of a
child on standard growth charts and looks for changes in the rate
of growth of a child. These measurements are usually taken during
well-child visits to the family doctor.
- Any decrease in the rate of growth of a child with respect to
weight, height, or head size will raise concern and force the
doctor to consider the diagnosis of failure to thrive. The doctor
will begin to seek a reason for the decrease in the rate of growth
and try to make sure that there is no intentional behavior by the
parents responsible for the child's slow growth.
- Medical conditions that affect growth will generally be tested.
But if there is no other explanation for the abnormal growth,
parents will be suspected of intentional abuse. This could include
these behaviors:
- Denying the child food
- Feeding the child the wrong foods
- Emotional neglect
- Allowing a child to remain ill (not seeking medical care)
- Once failure to thrive is considered, parents must comply with
their doctor’s recommendations regarding testing and any other
investigation into the child’s failure to thrive. If not, the
doctor's suspicion may increase that the parent is contributing to
or causing the condition.
- Although some children are destined to be small, they generally
grow at a predictable rate. If a child is eating adequately and
consuming an adequate number of calories and generally appears
happy and healthy, regardless of size, there is little reason to
worry.
- Munchausen by proxy syndrome is a serious psychiatric
disorder of parents or guardians of children. Perpetrators
manufacture, intentionally or unintentionally, signs and symptoms of
disease in their child. They do this, not for the good of the child,
but generally to satisfy their own abnormal need. By literally making
the child sick, the caregiver has excessive contact with doctors and
hospitals. Children undergo unnecessary testing and treatment for
diseases that they do not have.
- This condition is difficult for doctors to identify. Other
family members or friends can usually sense an excessive amount of
medical activity surrounding an apparently healthy child. If you
suspect this is happening, you should inform the parent and the
family physician of any such concerns.
- Parents can ask themselves these questions with respect to
seeking medical attention for their children:
- Are you overly concerned about the health of your children?
- Do you remain concerned about minor problems that you have
been told not to worry about?
- Do you find yourself obsessing over possible medical
problems that might affect your children?
- Have you ever done an intentional act to make a child appear
ill?
- Do you have any motivation or will you derive any benefit if
you make your child appear ill?
- Parents who see this behavior in themselves should stop the
medical attention-seeking behavior and seek psychiatric help as
soon as possible.
BASIC
PARENTING SKILLS
- General parenting guidelines
Raising children can be a successful and satisfying experience.
Without basic parenting skills, the task is difficult and frustrating.
Children seek love and discipline. Discipline takes the form of
structured environment, rules, and boundaries, not just physical
punishment and obedience. Love is the complementary behavior to
discipline. Both are necessary if you are to be a successful parent.
Both are needed to create the correct balance of concern and caring
required in raising well-adjusted and happy children. When love and
discipline are blended correctly, your child will be mentally healthy,
self-assured, responsible, self-controlled, and prepared for their own
parenting experience.
Problem teenagers can be more difficult to manage, but social
organizations, friends, parents, and other family members along with
counseling and patience can help. Parents should be wary that bad
behavior caused by poor parenting skills can sometimes be diagnosed as
a mental disorder, hyperactivity, or attention deficit disorder.
Efforts to alter behavior through the thoughtful use of love and
discipline should be tried before resorting to medication and other
medical treatment, which can have a lasting effect on children and on
their self-image. When problems with children are severe, children
need to be evaluated by professionals to determine if they have true
psychiatric problems.
- The limited role of corporal punishment
It is important for parents to understand the limited role of
spanking and corporal punishment. Many parents have successfully
raised children with no corporal punishment at all.
If punishment is to be used, it must be done carefully.
- Light spanking or hand slapping with an open hand can be used to
discourage dangerous behaviors such as reminding a 1-year-old
trying to play with an electric socket.
- Other situations where light spanking can be employed are with
children between the ages of 1-3 years who choose to ignore verbal
direction in dangerous situations. Reserve this for situations
such as being told "no" for very unacceptable behaviors
such as leaning out windows or pulling at glasses of hot liquid.
- Any physical punishment should be given with words that
demonstrate love and concern for the child. Make it clear to the
child that any and all punishment is done because you love the
child.
- Use words of discouragement in place of spanking as the child's
language skills and level of maturity improve.
- After the age of 3 years, there should be very little need or
use of any physical punishment of a child. If behavioral and
control problems continue through this age, seek counseling and
work out detailed plans on how to deal with bad behavior.
- Alternatives to physical violence
There is ample evidence that the following forms of punishment are
workable solutions that eliminate the need for any physical forms of
punishment:
- Timeouts
- Sending children to their rooms
- Taking away privileges of various types
- Denying children enjoyable activities
REPORTING
ABUSE
You may have questions about possible abuse in your own
behavior or, more often, about the behavior of others. State law
mandates that certain people, called mandated reporters, report any
suspected child abuse to authorities. These are teachers, police, and
doctors.
Nonmandated reporters, however, which includes almost everyone
else, frequently are the first people to notice possible abuse.
Ironically, nonmandated reporters are actually the people most likely
to be able to identify potential abusers. They are the people who see
abuse early enough to play an active role in preventing it and saving
the abuser from the terrible consequences that are associated with
child abuse.
The first observer of abuse or abusive tendencies is in a position
to intervene with the potential abuser before any substantial abuse
has taken place.
Although we would like to think that abusers are receptive to
having these tendencies pointed out, generally they are not.
Unfortunately, abusive tendencies frequently turn into abusive
behaviors, which are usually difficult, if not impossible, to stop.
This forces the typical observer of abuse into the unenviable, but
necessary, position of having to report the abuser to the proper
authorities.
Reporting is the only effective step to control the abuser and stop
the abuse. If reporting a pattern of abuse is delayed, the abuse
situation usually gets worse until the abuser and his or her behaviors
are discovered by others. At this point, law enforcement usually
becomes aware of the situation.
Statutes-at-a-Glance
2001
Mandatory Reporters of Child Abuse and Neglect
Each State designates individuals, typically by professional
group, who are mandated by law to report child maltreatment. Any
person, however, may report incidents of abuse or neglect.
Individuals Typically Mandated to Report
Individuals typically designated as mandatory reporters have
frequent contact with children. Such individuals include:
- Health care workers
- School personnel
- Day-care providers
- Social workers
- Law enforcement officers
- Mental health professionals
Some States also mandate animal control officers,
veterinarians, commercial film or photograph processors, substance
abuse counselors, and firefighters to report abuse or neglect.
Four States--Alaska, Arkansas, Connecticut, and South
Dakota--include domestic violence workers on the list of mandated
reporters. Approximately1
eighteen States require all citizens to report suspected abuse or
neglect regardless of profession.
Standard for Making a Report
Typically a report must be made when the reporter suspects or
has reasons to suspect that a child has been abused or neglected.
Categories
Approximately twenty-six States specify when a communication is
privileged. Privileged communications are exempt from mandatory
reporting laws. The privilege most widely recognized by the States
is that of attorney-client. The privilege pertaining to
clergy-penitent also is frequently recognized. For example, when a
priest becomes aware of child abuse through confessions or in the
capacity of spiritual advisor, he is not required to report. Very
few States recognize the physician-patient and mental health
professional-patient privileges as exempt from mandatory reporting
laws.
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This summary is a product of the State
Statutes Project, a partnership between the National
Clearinghouse on Child Abuse and Neglect Information and
the National Center for Prosecution of Child Abuse. The
Clearinghouse is supported by the Children's Bureau,
Administration for Children and Families, U.S. Department
of Health and Human Services. The National Center for
Prosecution of Child Abuse is a program of the American
Prosecutors Research Institute (APRI), the non-profit
affiliate of the National District Attorneys Association.
Statutes-at-a-Glance: Mandatory
Reporters of Child Abuse and Neglect highlights one
topic from the Child Abuse and Neglect State Statutes
Elements. The Elements are a compilation of State laws
on 39 different topics related to child maltreatment
reporting laws, central registries, investigations, child
witnesses, crimes and permanency planning. For more
information on child maltreatment statutes or related
publications, contact the Clearinghouse at 1-800-FYI-3366.
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The word approximately is used to stress the
fact that statutes are constantly being revised and updated.
(Current through December 31, 2000)
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| STATE |
PROFESSIONS THAT
MUST REPORT |
OTHERS WHO
MUST REPORT |
STANDARD FOR REPORTING |
PRIVILEGED COMMUNICATIONS |
| Health Care |
Mental Health |
Social Work |
Education/ Child Care |
Law Enforcement |
All Persons |
Other |
ALABAMA
§§26-14-3(a)
26-14-10 |
X |
X |
X |
X |
X |
|
·
Any other person called upon to give aid or assistance to any
child |
·
Known or suspected |
·
Attorney/client |
ALASKA
§§47.17.020(a)
47.17.023
47.17.060 |
X |
X |
X |
X |
X |
|
·
Paid employees of domestic violence and sexual assault programs
and drug and alcohol treatment facilities
· Members of a child fatality
review team or multidisciplinary child protection team
· Commercial or private film or
photograph processors |
·
Have reasonable cause to suspect |
|
ARIZONA
§§13-3620(A)
8-805(B)-(C) |
X |
X |
X |
X |
X |
|
·
Parents
· Anyone responsible for care or
treatment of children
· Clergy |
·
Have reasonable grounds to believe |
·
Clergy/penitent
· Attorney/client |
ARKANSAS
§12-12-507(b)-(c) |
X |
X |
X |
X |
X |
|
·
Prosecutors
· Judges
· Div. of Youth Services employees
· Domestic violence shelter
employees and volunteers |
·
Have reasonable cause to suspect
· Have observed conditions which
would reasonably result |
|
CALIFORNIA
Penal Code
§§11166(a), (c)
11165.7(a) |
X |
X |
X |
X |
X |
|
·
Firefighters
· Animal control officers
· Commercial film and photographic
print processors
· Clergy |
·
Have knowledge of or observe
· Know or reasonably suspect |
·
Clergy/penitent |
COLORADO
§§19-3-304(1), (2), (2.5)
19-3-311 |
X |
X |
X |
X |
X |
|
·
Christian Science practitioners
· Veterinarians
· Firefighters
· Victim advocates
· Commercial film and photographic
print processors |
·
Have reasonable cause to know or suspect
· Have observed conditions which
would reasonably result |
|
CONNECTICUT
§§17a-101(b)
17a-103(a) |
X |
X |
X |
X |
X |
|
·
Substance abuse counselors
· Sexual assault counselors
· Battered women's counselors
· Clergy |
·
Have reasonable cause to suspect or believe |
|
DELAWARE
tit. 16, § 903
tit. 16, § 909 |
X |
X |
X |
X |
|
X |
|
·
Know or in good faith suspect |
·
Attorney/client
· Clergy/penitent |
DISTRICT OF
COLUMBIA
§§2-1352(a), (b), (d)
2-1355 |
X |
X |
X |
X |
X |
|
|
·
Know or have reasonable cause to suspect |
|
FLORIDA
§§39.201(1)
39.204 |
X |
X |
X |
X |
X |
X |
·
Judges
· Religious healers |
·
Know or have reasonable cause to suspect |
·
Attorney/client |
GEORGIA
§§19-7-5(c)(1), (g)
16-12-100(c) |
X |
X |
X |
X |
X |
|
·
Persons who produce visual or printed matter |
·
Have reasonable cause to believe |
|
HAWAII
§§350-1.1(a)
350-5 |
X |
X |
X |
X |
X |
|
·
Employees of recreational or sports activities |
·
Have reason to believe |
|
IDAHO
§§16-1619(a), (c)
16-1620 |
X |
|
X |
X |
X |
X |
|
·
Have reason to believe
· Have observed conditions which
would reasonably result |
·
Clergy/penitent
· Attorney/client |
ILLINOIS
325 ILCS 5/4
720 ILCS 5/11-20.2 |
X |
X |
X |
X |
X |
|
·
Homemakers, substance abuse treatment personnel
· Christian Science practitioners
· Funeral home directors
· Commercial film and photographic
print processors |
·
Have reasonable cause to believe |
|
INDIANA
§§31-33-5-1
31-33-5-2
31-32-11-1 |
X |
X |
X |
X |
X |
X |
·
Staff member of any public or private institution, school,
facility, or agency |
·
Have reason to believe |
|
IOWA
§§232.69(1)(a)-(b)
728.14(1)
232.74 |
X |
X |
X |
X |
X |
|
·
Commercial film and photographic print processors
· Employees of sub-stance abuse
programs |
·
Reasonably believe |
|
KANSAS
§38-1522(a), (b) |
X |
X |
X |
X |
X |
|
·
Firefighters
· Juvenile intake and assessment
workers |
·
Have reason to suspect |
|
KENTUCKY
§§620.030(1), (2)
620.050(2) |
X |
X |
X |
X |
X |
X |
|
·
Know or have reasonable cause to believe |
·
Attorney/client
· Clergy/penitent |
LOUISIANA
Ch. Code art. 603(13)
Ch. Code art. 609(A)(1)
Ch. Code art. 610(F) |
X |
X |
X |
X |
X |
|
·
Commercial film or photographic print processors
· Mediators |
·
Have cause to believe |
·
Clergy/penitent
· Christian Science practitioner |
MAINE
tit. 22, § 4011(1)
tit. 22, §4015 |
X |
X |
X |
X |
X |
|
·
Guardians ad litem and CASAs
· Fire inspectors
· Commercial film processors
· Homemakers |
·
Know or have reasonable cause to suspect |
·
Clergy/penitent |
MARYLAND
Family Law
§§5-704(a)
5-705(a) |
X |
|
X |
X |
X |
X |
|
·
Have reason to believe |
·
Attorney/client
· Clergy/penitent |
MASSACHUSETTS
ch. 119, § 51A
ch. 119, § 51B |
X |
X |
X |
X |
X |
|
·
Drug and alcoholism counselors
· Probation and parole officers
· Clerks/magistrates of district
courts
· Firefighters |
·
Have reasonable cause to believe |
|
MICHIGAN
§722.623 (1), (8)
722.631 |
X |
X |
X |
X |
X |
|
|
·
Have reasonable cause to suspect |
·
Attorney/client |
MINNESOTA
§§626.556 Subd. 3(a), 8 |
X |
X |
X |
X |
X |
|
|
·
Know or have reason to believe |
·
Clergy/penitent |
MISSISSIPPI
§43-21-353(1) |
X |
X |
X |
X |
X |
X |
·
Attorneys
· Ministers |
·
Have reasonable cause to suspect |
|
MISSOURI
§§210.115(1)
568.110
210.140 |
X |
X |
X |
X |
X |
|
·
Persons with responsibility for care of children
· Christian Science practitioners
· Probation/parole officers
· Commercial film processors |
·
Have reasonable cause to suspect
· Have observed conditions which
would reasonably result |
·
Attorney/client |
MONTANA
§41-3-201(1)-(2), (4) |
X |
X |
X |
X |
X |
|
·
Guardians ad litem
· Clergy
· Religious healers
· Christian Science practitioners |
·
Know or have reasonable cause to suspect |
·
Clergy/penitent |
NEBRASKA
§§28-711(1)
28-714 |
X |
|
X |
X |
|
X |
|
·
Have reasonable cause to believe
· Have observed conditions which
would reasonably result |
|
NEVADA
§§432B.220(3), (5)
432B.250 |
X |
X |
X |
X |
X |
|
·
Clergy
· Religious healers
· Alcohol/drug abuse counselors
· Christian Science practitioners
· Probation officers
· Attorneys |
·
Know or have reason to believe |
·
Clergy/penitent
· Attorney/client |
NEW HAMPSHIRE
§§169-C:29
169-C:32 |
X |
X |
X |
X |
X |
X |
·
Christian Science practitioners
· Clergy |
·
Have reason to suspect |
·
Attorney/client |
NEW JERSEY
§9:6-8.10 |
|
|
|
|
|
X |
|
·
Have reasonable cause to believe |
|
NEW MEXICO
§§32A-4-3(A)
32A-4-5(A) |
X |
|
X |
X |
X |
X |
·
Judges |
·
Know or have reasonable suspicion |
|
NEW YORK
Soc. Serv. Law
§413(1) |
X |
X |
X |
X |
X |
|
·
Alcoholism/substance abuse counselors
· District Attorneys
· Christian Science practitioners |
·
Have reasonable cause to suspect |
|
NORTH
CAROLINA
§§7B-301
7B-310 |
|
|
|
|
|
X |
·
Any institution |
·
Have cause to suspect |
·
Attorney/client |
NORTH DAKOTA
§§50-25.1-03
50-25.1-10 |
X |
X |
X |
X |
X |
|
·
Clergy
· Religious healers
· Addiction counselors |
·
Have knowledge of or reasonable cause to suspect |
·
Clergy/penitent
· Attorney/client |
OHIO
§2151.421(A)(1), (A)(2), (G)(1)(b) |
X |
X |
X |
X |
|
|
·
Attorneys
· Religious healers |
·
Know or suspect |
·
Attorney/client
· Physician/patient |
OKLAHOMA
tit. 10, § 7103(A)(1)
tit. 10, §7104
tit. 10, §7113
tit. 21, §1021.4 |
X |
|
|
X |
|
X |
·
Commercial film and photographic print processors |
·
Have reason to believe |
|
OREGON
§§419B.005(3)
419B.010(1) |
X |
X |
X |
X |
X |
|
·
Attorneys
· Clergy
· Firefighters
· CASAs |
·
Have reasonable cause to believe |
·
Mental health/ patient
· Clergy/penitent
· Attorney/client |
PENNSYLVANIA
§23-6311(a),(b) |
X |
X |
X |
X |
X |
|
·
Funeral directors
· Christian Science practitioners
· Clergy |
·
Have reasonable cause to suspect |
·
Clergy/penitent |
RHODE ISLAND
§§40-11-3(a)
40-11-6(a)
40-11-11 |
X |
|
|
|
|
X |
|
·
Have reasonable cause to know or suspect |
·
Attorney/client |
SOUTH
CAROLINA
§§20-7-510(A)
20-7-550 |
X |
X |
X |
X |
X |
|
·
Judges
· Funeral home directors and
employees
· Christian Science practitioners
· Film processors
· Religious healers
· Substance abuse treatment staff |
·
Have reason to believe |
·
Attorney/client
· Priest/penitent |
SOUTH DAKOTA
§§26-8A-3
26-8A-15 |
X |
X |
X |
X |
X |
|
·
Chemical dependency counselors
· Religious healers
· Parole or court services officers
· Employees of domestic abuse
shelters |
·
Have reasonable cause to suspect |
|
TENNESSEE
§§37-1-403(a)
37-1-605(a)
37-1-411 |
X |
X |
X |
X |
X |
X |
·
Judges
· Neighbors
· Relatives
· Friends
· Religious healers |
·
Knowledge of/reasonably know
· Have reasonable cause to suspect |
|
TEXAS
Family Code
§§261.101(a)-(c)
261.102 |
X |
|
|
X |
|
X |
·
Juvenile probation or detention officers
· Employees or clinics that provide
reproductive services |
·
Have cause to believe |
|
UTAH
§§62A-4a-403(1)-(3)
62A-4a-412(5) |
X |
|
|
|
|
X |
|
·
Have reason to believe
· Have observed conditions which
would reasonably result |
·
Clergy/penitent |
VERMONT
tit. 33, §4913(a) |
X |
X |
X |
X |
X |
|
·
Camp administrators and counselors
· Probation officers |
·
Have reasonable cause to believe |
|
VIRGINIA
§63.1-248.3(A)
63.1-248.11 |
X |
X |
X |
X |
X |
|
·
Mediators
· Christian Science practitioners
· Probation officers
· CASAs |
·
Have reason to suspect |
|
WASHINGTON
§§26.44.030 (1), (2)
26.44.060(3) |
X |
X |
X |
X |
X |
|
·
Any adult with whom a child resides
· Responsible living skills program
staff |
·
Have reasonable cause to believe |
|
WEST VIRGINIA
§§49-6A-2
49-6A-7 |
X |
X |
X |
X |
X |
|
·
Clergy
· Religious healers
· Judges, family law masters or
magistrates
· Christian Science practitioners |
·
Reasonable cause to suspect
· When believe
· Have observed |
·
Attorney/client |
WISCONSIN
§48.981(2), (2m)(c), (2m)(d) |
X |
X |
X |
X |
X |
|
·
Alcohol or drug abuse counselors
· Mediators
· Financial and employment planners
· CASAs |
·
Have reasonable cause to suspect
· Have reason to believe |
|
WYOMING
§§14-3-205(a)
14-3-210 |
|
|
|
|
|
X |
|
·
Know or have reasonable cause to believe or suspect
· Have observed conditions which
would reasonably result |
·
Attorney/client
· Physician/patient
· Clergy/penitent |
| TOTALS, ALL
STATES |
48 |
40 |
44 |
46 |
41 |
18 |
N/A |
N/A |
26 |
|
Readers should not rely on this summary for legal advice.
|
Statutes-at-a-Glance
2001
Reporting Penalties
Many cases of child abuse or neglect are neither reported nor
investigated even when suspected by professionals. Therefore,
almost every State imposes penalties, in the form of a fine or
imprisonment, on those who knowingly and/or willfully
fail to report. Also, in order to prevent malicious or intentional
reporting of cases that are not founded, several States impose
additional penalties for false reports of child abuse or neglect.
Penalties for Failure to Report
Approximately forty-four States and the District of
Columbia have enacted statutes specifying the penalties for
failure to report child abuse or neglect. Of these jurisdictions,
approximately thirty-three States and the District of Columbia use
a "knowingly," "knows or should have known,"
and/or "willfully" standard. Other standards include
"intentionally" and "purposely." A few States
impose penalties without providing a standard. Failure to report
is classified as a misdemeanor in approximately thirty-four
States.
Penalties for False Reports
Approximately twenty-nine States have statutes specifying
penalties for false reports of child abuse or neglect. The most
common standards are "knowingly" and/ or
"willfully." The penalties imposed are similar to those
for failure to report. The majority of States classify false
reporting as a misdemeanor. In nine States, however, a false
report may be classified as a felony.
The chart presented on the following pages summarizes reporting
penalties for each State and the District of Columbia.
1 The word approximately
is used to stress the fact that statutes are constantly being
revised and updated.
|
This summary is a product of the State
Statutes Project, a partnership between the National
Clearinghouse on Child Abuse and Neglect Information and
the National Center for Prosecution of Child Abuse. The
Clearinghouse is supported by the Children's Bureau,
Administration for Children and Families, U.S. Department
of Health and Human Services. The National Center for
Prosecution of Child Abuse is a program of the American
Prosecutors Research Institute (APRI), the non-profit
affiliate of the National District Attorneys Association.
Statutes-at-a-Glance: Reporting
Penalties highlights one topic from the Child Abuse
and Neglect State Statutes Elements. The Elements are
a compilation of State laws on 39 different topics related
to child maltreatment reporting laws, central registries,
investigations, child witnesses, crimes and permanency
planning. For more information on child maltreatment
statutes or related publications, contact the
Clearinghouse at 1-800-FYI-3366.
|
|
(Current through December 31, 2000)
| |
FAILURE TO REPORT |
FALSE REPORTING |
| STATE/STATUTE |
Standard |
Penalty |
Standard |
Penalty |
ALABAMA
§§26-14-13
13A-10-9 |
Knowingly |
Misdemeanor:
•imprisonment not exceeding 6 months; or
•a fine not exceeding $500 |
Knowingly |
Class A misdemeanor |
ALASKA
§47.17.068 |
Knew or should have known |
Class B misdemeanor |
*
|
*
|
ARIZONA
§§13-3620(K)
13-3620.01(A)-(B) |
Not specified |
Class 1 misdemeanor |
Knowingly and intentionally;
with malice |
Class 1 misdemeanor |
ARKANSAS
§12-12-504(a), (b), (d) |
Willfully;
Negligently |
Class C misdemeanor
Civilly liable for damages proximately caused |
Willfully |
Class A misdemeanor
Class D felony, when there is a prior conviction |
CALIFORNIA
Penal §§11166(b)
11172(a) |
Knows or reasonably suspects |
Misdemeanor:
•confinement in county jail not exceeding 6 months; and/or
•a fine not exceeding $1,000 |
Reckless disregard of truth;
knowingly |
Liable for damages
proximately caused |
COLORADO
§19-3-304(3.5),(4) |
Willfully |
Class 3 misdemeanor
Liable for damages |
Knowingly |
Class 3 misdemeanor
Liable for damages |
CONNECTICUT
§§17a-101a
17a-101e(c) |
Not specified |
A fine not exceeding $500 |
Knowingly |
A fine not exceeding $2,000
and/or
Imprisonment for not more than one year |
DELAWARE
Tit. 16, § 914 |
Knowingly or willfully |
A fine not exceeding $1000;
and/or
Imprisonment not exceeding 15 days |
Knowingly and willfully |
A fine not exceeding $1000;
and/or
Imprisonment not exceeding 15 days |
DISTRICT
OF COLUMBIA
§2-1357 |
Willfully
|
A fine not exceeding $100;
and/or
Imprisonment not exceeding 30 days |
*
|
*
|
FLORIDA
§§39.205(1)-(2), (6)
39.206(1) |
Knowingly or willfully |
Misdemeanor of first degree |
Knowingly and willfully |
Felony of third degree
Possible fine not exceeding $10,000 |
GEORGIA
§19-7-5(h) |
Knowingly or willfully |
Misdemeanor |
*
|
*
|
HAWAII
§350-1.2 |
Knowingly |
Petty misdemeanor |
*
|
*
|
IDAHO
§§16-1619(d)
16-1620A |
Not specified |
Misdemeanor |
Knowingly; in bad faith or
with malice |
Liable for damages sustained
or statutory damages of $500, whichever is greater, plus
attorney's fees and costs |
ILLINOIS
ch. 325, para. 5/4
ch. 325, para. 5/4.02 |
Knowingly and willfully
Willfully |
Class A misdemeanor
Physician: referred to Illinois State Medical Disciplinary Board2 |
Knowingly |
Class 4 felony |
INDIANA
§§31-33-22-1
31-33-22-3(a)-(b) |
Knowingly
Knowingly |
Class B misdemeanor
Staff member of a medical or other institution, school,
facility, or agency: Class B misdemeanor penalty imposed in
addition to above |
Intentionally |
Class A misdemeanor
Liable for actual damages and possibly punitive damages
Class D felony, if there is a prior conviction |
IOWA
§232.75 |
Knowingly and willfully
Knowingly |
Simple misdemeanor
Civilly liable for damages proximately caused |
Knowingly |
Simple misdemeanor |
KANSAS
§38-1522(f),(g) |
Knowingly and willfully |
Class B misdemeanor |
*
|
*
|
KENTUCKY
§§ 620.990(1)
620.050(1) |
Intentionally |
Class B misdemeanor |
Knowingly, with malice |
Class A misdemeanor |
LOUISIANA
La. Children's Code Ann. art. 609(A)(2),(C) |
Not specified |
Subject to criminal
prosecution |
Knowingly |
Subject to criminal
prosecution |
MAINE
Tit. 22, § 4014(1) |
*
|
*
|
Knowingly |
Subject to criminal or civil
action |
MASSACHUSETTS
ch. 119, § 51A |
Not specified |
A fine not exceeding $1,000 |
Knowingly |
A fine not exceeding $1,000 |
MICHIGAN
§722.633(1),(2),(5) |
Knowingly |
Misdemeanor
Imprisonment not exceeding 93 days and/or fine not exceeding
$100
Civilly liable for damages proximately caused |
Knowingly,
Intentionally |
Misdemeanor, punishable by
imprisonment of not more than 93 days for a fine of not more
than $100, if the abuse reported would be a misdemeanor if true.
Felony, if the abuse reported would be a felony if true,
punishable by imprisonment of not more than 4 years and/or a
fine of not more than $2,000 |
MINNESOTA
§626.556 Subd. 5, 6 |
Knows or has reason to
believe
Knows or reasonably should know |
Mandatory reporter:
•misdemeanor
Parent, guardian, or caretaker:
•gross misdemeanor if child's health is in serious danger and
child suffers great bodily harm due to lack of medical care;
•felony if child dies
Imprisonment not exceeding 2 years and/or fine not exceeding
$4,000
|
Knowingly or recklessly |
Civilly liable for actual and
punitive damages
Responsible for costs and reasonable attorney fees |
MISSISSIPPI
§43-21-353(7) |
Willfully |
Imprisonment not exceeding 1
year and/or a fine not exceeding $5,000 |
*
|
*
|
MISSOURI
§210.165(1)-(3 | | |