Reporting Child Abuse and Neglect
The ultimate test of civilization is neither the power of its armies nor the size of its gross national product, but the condition of its children. If they flower, a society deserves to be described as flowering... If they are corrupted, if they suffer, if they die from abuse or neglect, an atrocity has been committed for which no achievement can atone." (A Guide to Reporting Child Abuse and Neglect in Kansas)
What is Child Abuse?
Child abuse and neglect are defined as any physical injury, physical neglect, emotional injury, or sexual act inflicted on a child.
What is physical neglect of a child?
Physical neglect is the failure or inattention by the parents/guardian to provide for the basic needs. Some of these needs include food, clothing, shelter, medical care, and supervision.
Who is required to report child abuse or neglect under Kansas Law?
The following people are required by law to report if they have reason to think a child has been abused in any way or neglected.
- Licensed dentists
- People involved in postgraduate training in State Board of Healing Arts
- Licensed psychologists
- Licensed professionals or practical nurses examining, attending or treating a child under the age of 18.
- Teachers, school administrators or other employees of a school, which the child is attending.
- Chiefs of administrative officers of medical care facilities.
- Registered married and family therapists
- Persons licensed by the secretary of health and environment to provide child-care services or the employees of persons so licensed at the place where childcare services are being provided to the child/
- Licensed social workers
- Firefighters
- Emergency medical services personnel
- Mediators
- Law Enforcement officers
Besides those that are "obligated" to report abuse or neglect, anyone else can, if they suspect it.
What if the legal penalty if a mandated reporter fails to report suspected child abuse?
Failure to report could result in a $1,000 fine or up to 6 months in jail.
Is a reporter liable for reporting suspected child abuse and neglect?
Kansas Law provides immunity from lawsuits against reporters of child abuse, if the report is made without malice.
Would a reporter acquire any civil liability if required to participate in court proceedings as a witness? - No.
A report must be made by a mandated reporter if there is reason to suspect that a child has been injured as a result of physical, mental emotional or sexual abuse. What does reason to suspect mean?
Reason to suspect means that there is enough evidence or a discrepant or inconsistent history in explaining a child's injury.If a report is made because of "reason to suspect," the law doesn't require proof that abuse or neglect has actually occurred. Reporting a child to the SRS is just a request for the investigation of the well being of achild.
How should the report be made?
The report can be made orally. The State Department or Law Enforcement may or may not request a written report. Kansas Law requires that the reporter's identity may not be disclosed. The protection is not absolute because of court hearings.
How quickly are reports of suspected child abuse or neglect investigated?
It depends on the age, nature of the allegation, and access of the perpetrator to the child. It also depends on the allegations that a child could be in immediate or serious danger. if the child could be in serious danger, SRS has to respond within 72 hours. If the report doesn't seem serious, SRS has 20 working days to respond.
Are school personnel required to provide SRS access to a child?
School personnel, SRS and law enforcement agencies must cooperate in the investigation. Administrators must provide access to a child in a setting on school premises.
"Child abuse has serious consequences which may remain as pain throughout the victim's lifetime. The violence and negligence of parents and caretakers serve as a model for children as they grow up. The child victims of today, without protection and treatment, may become the child abusers of tomorrow."
Case Scenario 1:
Landstrom v. Illinois Department of Children and Family Services
A first-grader was asked to remove her dress and her underpants by the school nurse in the presence of the child's teacher, a school psychologist, a social worker, and the principal examined her buttocks. - Can the school be held liable for emotional stress caused to the child?
Answer:
Several states have enacted laws that grant a limited immunity to those officials who have been made legally responsible for investigating and reporting child abuse.
REFERENCES:
- A Guide to Reporting Child Abuse and Neglect in Kansas, 1999.
- Lamorte, Michael W., School Law Cases and Concepts, 1996.
"Reporting Child abuse is important because every child has the right to grow up feeling safe and secure in their surroundings. Intervention is necessary to prevent the repeating pattern of abuse in families." Day-Care Provider
"It is important that we do what is necessary now with prevention, intervention and education to stop child abuse. The price emotionally, physically and monetarily only increases for the individual and society when the issue of child abuse is left un-addressed."
Assignment: Discuss with your school administrator the reporting procedures in your school and email the summary of that conversation to your instructor.
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