Chapter 3 - Mandated Reporting

Test Items:

1. States first adopted mandated reporting laws for child maltreatment in the a. 1940s b. 1960s c. 1980s d. 2000s Answer: B a. 1967 b. 1974 c. 1982 d. 1993 Answer: B a. Psychologists b. Lawyers c. Police Officers d. Physicians

2. In what year were all states required to list mandated reporters, provide immunity for those who report in good faith, and ensure reporters confidentiality in order to receive Federal Aid?

3. Originally, only were listed as mandated reporters.

Answer: D

4. If you are not a mandated reporter, but you suspect a child is being maltreated, a. the law does not allow for you to report b. you have to report to avoid legal consequences c. you are allowed to report as a permissive reporter, but there is no legal mandate to do so d. none of the above are true

Answer: C

5. The issue of mandated reporting can be complicated for persons conducting research in the area because informed consent guarantees a. confidentiality b. that there is no risk involved in the research c. that any suspected maltreatment will be reported d. the researchers are not mandated reporters

Answer: A

6. Child abuse reporting laws require that a report be made when you have: a. reasonable cause to believe maltreatment has occurred b. strong evidence of child maltreatment c. at least one witness to the abuse

Answer: A

7. Kathryn, a mandated reporter, must report child maltreatment when she has a. conducted an investigation and knows the child has been abused b. reasonable cause to believe the child has been abused c. several types of evidence pointing to abuse (child’s testimony, physical evidence, and corroborating evidence) d. A vague feeling that something is not right with the child

Answer: B

8. If a mandated reporter fails to report suspected child maltreatment, the most likely outcome is that a. they have not done anything legally wrong, but they are at fault morally. b. they are guilty of a felony. c. they are guilty of a misdemeanor. d. they cannot be sued for malpractice.

Answer: C

9. Mandated reporters who are found guilty of failure to report suspected child maltreatment can a. Be fined b. Be sent to jail c. Both A and B d. Neither A nor B

Answer: C

10. Kayla is not a mandated reporter, but she strongly suspects that her neighbor is abusing her child. If Kayla makes a report, she is a(n) a. Mandated reporter b. Anonymous reporter c. Permissive reporter

Answer: C a. Not guilty by the trial court and guilty by the California Supreme Court b. Guilty by the trial court and not guilty by the California Supreme Court c. Not guilty by both courts d. Guilty by both courts

11. What was the ruling in the Landeros v. Flood case where a physician was charged with failure to report child maltreatment?

Answer: A

12. With regard to training in child maltreatment a. All mandated reporters say that this was a significant part of their education b. Most reporters say there is no need for ongoing training once they begin working c. Most mandated reporters say their training was minimal or inadequate d. Most reporters feel very well versed on the legal aspects of reporting

Answer: C

13. Nurses seem most comfortable reporting suspicions of a. Emotional abuse b. Neglect c. Munchausen Syndrome by Proxy d. Physical abuse

Answer: D a. Physical Abuse b. Emotional Abuse c. Sexual Abuse d. Neglect

14. According to Morelen and Shafer (2012), which type of maltreatment requires special attention in training programs if mandated reporters are to be skilled at recognizing it and reporting it?

Answer: B

15. The substantiation rate for child maltreatment reports in the United States is around: a. Less than 33% b. Close to 50% c. Nearly 75% d. Almost 100%

Answer: A a. 0.5% b. 10% c. 15% d. 20% Answer: A

16. In what percentage of child maltreatment cases is the case brought to the attention of the authorities by the child being maltreated?

True/False

1. Mandated reporting laws have not significantly increased the number of reports made to CPS.

Answer: False

2. If a mandated reporter makes a report of child maltreatment in good faith, they are immune from criminal liability.

Answer: True

3. In most states lawyers are not legally obligated to report cases of suspected child maltreatment.

Answer: True

4. Because of doctor/patient confidentiality laws, a psychologist is not legally obligated to report cases of suspected child maltreatment.

Answer: False

5. Black children are reported to CPS at a rate that is twice as high as the rate for white children.

Answer: True

6. Universal Mandated Reporting leads to a dramatic increase in the number of cases reported.

Answer: False

Short Answer Questions:

1. If a mandated reporter suspects child maltreatment, who should they report their suspicions to in order to fulfill their legal obligation?

Answer: You report suspected cases of child maltreatment to your local child protective services agency, your state abuse hotline or the local police

2. What information should you be prepared to report when you report suspicions of child maltreatment?

Answer: Give as much detailed information as possible. Include the child’s name and location. Provide the name of the alleged perpetrator if known as well as their relationship to the victim. Then, report specifically what you have seen and/or heard that led to your suspicions.

3. Although anonymous reporting is permitted, list three reasons why it might not be in the best interest of the child.

Answer: First, an anonymous call may not be taken as seriously as a call in which the reporter leaves their name. Second, if you do not leave your name and contact information, a social worker cannot get in touch with you for follow-up questions. Third, if you are a mandated reporter, there is a not a clear record that you have fulfilled your reporting duty.

4. Why might a professional fail to make a mandated report of child maltreatment?

Answer: Some professionals do not report because they are not confident the report will help the child. Others state that previous contact with CPS was not helpful. Professional counselors may resist reporting out of a desire to protect the therapeutic relationship they have with their client. Finally, many reporters lack the necessary knowledge to be confident reporters.

5. Why might mandated reporting laws NOT be a good thing?

Answer: Mandated reporting laws may not work at preventing the most serious forms of maltreatment. The incidence of child fatalities due to maltreatment has not changed since the mandated reporting laws went into effect. Also, the costs of mandated reporting may outweigh the benefits. Mandated reporting may do more to increase the number of reports and investigations than it does to increase the number of children helped.

Video Suggestions

1. Recognizing Child Abuse (2007). This 26 minute dvd presents information on the reality of child abuse, the consequences of abuse, and recognizing and reporting maltreatment.

It is produced by Meridian Education and available at many academic libraries (check World Cat for listings: http://worldcat.org/identities/lccnn86111247/) or it can be purchased at https://films.com/id/12798/Recognizing_Child_Abuse.htm for $89.95.

2. The 10:26video, Mandated Reporting Training - Child Protection Response was posted on September 27, 2018 by the Minnesota Department of Human Services. It covers what information a mandated reporter should be prepared to provide when they call and what steps the local child welfare agency is likely to take following the call. I can be found at: https://www.youtube.com/watch?v=NroHE__saG8

3. There are many videos online of the victims of Larry Nassar. NBC News posted over 3 ½ hours of statements that streamed live on Jan. 19, 2018. Those are available here: https://www.youtube.com/watch?v=2WUEmrBG6Zc http://www.youtube.com/watch?v=mMF0pHzX9oA

Some of this testimony is graphic and may be upsetting to viewers.

4. This 1:55 minute video clip is available on youtube. The clip, Catholic Church Official Convicted in Sex Abuse Cover Up, reviews the conviction of a priest for shield predators by moving them to other congregations.

5. This 2:22 minute video clip is available on youtube. The clip, Child Abuse Reporting, was uploaded on Dec. 5, 2011 by Washington State DSHS. The clip covers how reports come in to DSHS and how they are handled. It can be found at http://www.youtube.com/watch?v=MVfaKD37SQk https://www.live5news.com/2020/04/06/sc-dss-child-abuse-reports-downduring-pandemic/ https://www.baynews9.com/fl/tampa/news/2020/02/18/school-supervisorcharged-for-failing-to-report-child-neglect#

6. This 3:06 minute news clip addresses some of the concerns about child maltreatment raised by the coronavirus pandemic of 2020. The video was posted on April 6, 2020 and deals with cases in SC covering decreases in reporting, increased parental stress and increased financial instability along with sharp decreases in interactions with mandated reporters.

7. This 1:42 second clip from Spectrum News presents the case of a school supervisor who was charged with child neglect after failing to report a case of physical abuse.

Discussion Topics

1. The question of whether clergy should be mandated reporters of child maltreatment is one that people feel passionately about. Encourage students to discuss this issue in light of the separation of church and state. You may also want to have students discuss what, precisely, is meant by confidentiality between a minister and a parishioner. Rev. Marie M. Fortune differentiates between secrecy (a promise to never tell) and confidentiality. She writes, “Confidentiality means to hold information in trust and to share it with others only in the interest of person involved, i.e., with their permission, in order to seek consultation with another professional, or in order to protect others from harm by them” (p. 2). She adds, “confidentiality is not intended to protect abusers from being held accountable for their actions or to keep them from getting the help that they need (p. 2).

Fortune, M. (1985). Confidentiality and mandatory reporting: A clergy dilemma? Working Together, 6(1), 1-6.

https://www.faithtrustinstitute.org/resources/articles/Confidentiality-andMandatory-Reporting2014.pdf

2. An interesting question for debate is whether or not researchers should be mandated reporters for child maltreatment. Students can read the ethical essay by Allen (2009) and argue for and against requiring researchers to be mandated reporters. (Note: this article does conclude that researchers should be mandated to report, so it will be easier to argue that position based on this article.)

Allen, B. (2009). Are researchers ethically obligated to report suspected child maltreatment? A critical analysis of opposing perspectives. Ethics and Behavior, 19(1), 15-24. https://doi.org/10.1080/10508420802623641

3. If your students are up for tackling a particularly complex issue, you may ask them to discuss whether psychologists or psychiatrists who are doing a court ordered evaluation of person who is being charged criminally (with a crime unrelated to child maltreatment) should be required to report suspicions of maltreatment that arise during their assessment. While psychologists and psychiatrists are mandated reporters, it is not clear if this type of interaction is covered by the attorney client privilege. Kapoor and Zonana (2010) provide an excellent review of the issue and present arguments for and against mandated reporting in cases like this.

Kapoor, R., & Zonana, H. (2010). Forensic evaluations and mandated reporting of child abuse. Journal of the American Academy of Psychiatry and Law, 38, 49-56.

4. Henderson (2013) provides a two page case example examining how a counselor might handle mandated reporting within a therapeutic context at the end of her article: https://doi.org/10.17744/mehc.35.4.x35610245863n034

Henderson, K. L. (2013). Mandated reporting of child abuse: Considerations and guidelines for mental health counselors. Journal of Mental Health Counseling, 35(4), 296–309.

5. In the third edition, I replaced the Penn State University case with the Larry Nassar case. However, if you are interested in covering the Penn State case, I include that here:

Recently, the nation was shocked by allegations that Jerry Sandusky (JS), a former defense coordinator at Penn State University had sexually abused more than 10 boys over a 15-year period. Furthermore, it came to light that the beloved coach, Joe Paterno, had known of some of the alleged incidents and had not involved the police. Although JS has pled “not guilty” to the allegations, he was arrested on December 7, 2011 and charged with 52 counts.

As the grand jury prepared the case, it became clear that numerous persons, including many educated professionals and mandated reporters, had known of the alleged inappropriate behavior and had failed to make a report to the proper authorities. Although in many cases people will say they did not report because they were not sure what they saw was abusive, that is not a plausible excuse for all witnesses in this case. In 2000, Jim Calhoun, a janitor, says he saw JS perform oral sex on a boy who was pinned against a wall in the locker room. Although this witness told other janitors and his supervisor, it was not reported to authorities. Others had suspicions and did not feel sure enough to report. Both the assistant principal and a teacher at a high school where JS volunteered were uncomfortable with the relationships JS had with the boys, but neither reported. When a graduate student, Mike McQueary, allegedly saw JS anally assault a young boy in 2002, he did report to Joe Paterno who, in turn, reported to the athletic director. At this point, JS was asked to give up his key to the locker room and the people in charge of The Second Mile (a program started by JS to help at-risk children) were informed. However, the police were not notified.

Moreover, when allegations were reported, they were not acted on appropriately. In 1998, a mother called the police at Penn State to report that her 11-year-old son told her that JS showered with him and hugged him repeatedly. Although JS admitted that he showered with this boy and others and even said, “I wish I were dead,” no criminal charges were filed. In 2009, a mother called a high school and alleged that her son was sexually abused by JS. The school banned JS from their campus, and the school officials notified the police. This, after more than a decade of failed reporting and poor investigation, led to a full investigation. The criminal trial began on June 11, 2012.

Although people are arguing in the legal arena about who knew, or who suspected, what at what time, it seems clear that the community let children down. Not only were early victims not helped promptly, the appropriate steps were not taken to prevent future victims. Before his death from lung cancer at the age of 85, Joe Paterno said, “This is a tragedy. It is one of the great sorrows of my life. With the benefit of hindsight, I wish I had done more” (Chappell, 2012; Vieth et al., 2012). On June 22, 2012, a jury returned a verdict of guilty on 45 of 48 counts (4 charges were dismissed by the judge during the trial: 2 were unproved, 1 was brought under a statute that did not apply, and 1 was duplicative). The most serious charges for Victims 2, 5, and 6 resulted in the not-guilty verdicts, but Sandusky was found guilty of the most serious charges, including involuntary deviate sexual intercourse, for other victims (Scolforo & Armas, 2012). On October 9, 2012, Sandusky was sentenced to prison for 30 to 60 years. This means he will not be eligible for parole until he is 98 years old. Sandusky continues to say he is innocent.

Discussion Questions

A. Is it more difficult to make allegations if the alleged perpetrator is seen as a “pillar of the community”? If so, what can be done to help children who may be victims of perpetrators who present as upstanding citizens?

B. Do we take the sexual abuse of boys more lightly than the sexual abuse of girls? Is this true even if the alleged perpetrator is male in both cases?

C. Is there ever a situation where a grown man showering naked with young boys would be appropriate, or should such behavior always be considered abusive?

D. In response to the sexual abuse scandal at Penn State University, the National Collegiate Athletic Association (NCAA) made the following sanctions:

- 60 million dollar fine

- Vacated 112 wins (1998-2011)

- Four year post-season ban

- Four year scholarship reduction

- Allowed players to transfer and play immediately at other schools http://www.youtube.com/watch?v=CTiswy3vnkQ

- Instituted a five year probation for the athletic department Have the students discuss these sanctions. Are they fair? Do they punish the right people? Are more innocent people hurt by these sanctions? Will these sanctions work to make other schools more responsive to allegations of sexual abuse? If these sanctions are not appropriate, what would have been a better response?

This 4:59 minute video clip is available on youtube. The clip, Jerry Sandusky Trial Verdict: Former Penn State Coach Guilty on 45 Counts, originally aired on June 23, 2012.