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.

 

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.

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.

The word approximately is used to stress the fact that statutes are constantly being revised and updated.

(Current through December 31, 2000)

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