Guidelines for Reporting Maltreatment

From Chapter 4 of Abuse and Neglect: The Educator's Guide to the Identification and Prevention of Child Maltreatment, by Barbara Lowenthal, Ed.D.

Copyright © 2001 by Paul H. Brookes Publishing Co. All rights reserved. No part of this excerpt may be reproduced or reprinted without permission in writing from the publisher.

Knowledge about the guidelines for making a report is essential for teachers as mandated reporters. The following information can assist educators.

Relevant Legislation

As mentioned in Chapter 1, all of the U.S. states have laws that require the reporting of suspected abuse or neglect of children (Coster & Cicchetti, 1993). The legislation in each state defines the types of abuse and neglect, designates the required reporters, explains the reporting procedures, and describes the consequences for the failure to report suspected maltreatment. There are four categories of professional, mandated reporters: 1) medical; 2) educational; 3) legal; and; 4) human services professionals, such as social workers and therapists (Reppucci, Britner, & Woolard, 1997). In addition, all states allow anyone to report suspected maltreatment (Besharov, 1994). The reporting laws have demonstrated their effectiveness by increasing the number of reports. Results of studies indicate that in 1963, approximately 150,000 children were reported to be suspected victims of abuse and neglect. In 1993, this number increased to approximately 3 million children (Besharov, 1994; McCurdy & Daro, 1994). Please see Chapter 1 for a thorough discussion of the relevant legislation.

The Meaning of the Report

A report is a request for an investigation into a suspected cause of maltreatment. The reporter is not required to prove that the abuse or neglect is occurring. When teachers make the report, they are not expected to complete the investigation. This is the responsibility of the child protection and law enforcement agencies. Teachers just need to have reasonable suspicions that maltreatment exists (Lowenthal, 1996). As educators, it is important to remember that mandated reporting is both a legal and an ethical responsibility. Failure to report may result in criminal prosecution or other sanctions. The criminal penalty could be similar to that of a misdemeanor, with the fines ranging from $100 to $1,000 and a prison term of 5 days- 1 year (Besharov, 1994). In addition, the majority of states impose civil liabilities for failures to report suspected maltreatment. These sanctions, however, are rarely enforced.

Personal Liability of the Teacher

To encourage more reporting, legislation in all of the U.S. states protects the teachers and other mandated reporters from personal liability if their reports are made in good faith. Twelve states have stipulated criminal or civil penalties in their laws for making false, malicious reports because of personal bias or prejudice (Sattler, 1998). The protection against personal liability does not extend to acts of perjury or to obtaining child testimony through threats or fraud.

In general, the state legislation requires the reporting of child maltreatment to child protection and law enforcement agencies within 24 hours. Teachers should be informed of their own state's definitions of child abuse and neglect and regulations for reporting. This information can be obtained by calling the telephone number listed under the Child Abuse heading in the local telephone directory. The National Child Abuse Hotline also can be contacted by calling their toll-free number, which is (800) 422-4453. Many school districts have set up their own policies that support their state's regulations. All educators should be aware of their school's policies.

The Information Needed in the Report

When a teacher makes a report to the child protection and law enforcement agencies, the following information is usually needed: the name of the child and family members, the child's address, the child's telephone number (if available), and the reasons for reporting. In some cases, additional information will be asked, such as whether any knowledge of previous maltreatment exists. The teacher may remain anonymous, but it will assist the agencies in substantiating the reports if they know the name of the caller (Nunnelley & Fields, 1999).

The Need for Training in the Reporting Process

There is a definite need to train teachers to report child maltreatment. The results of several studies indicated that teachers, when compared with other professionals, such as nurses and social workers, are the least informed and prepared to make reports of abuse or neglect (McIntyre, 1990). According to these studies, teachers are concerned about the maltreatment of their students but generally lack the information regarding how the state defines maltreatment as well as their states' reporting procedures. According to Besharov (1994), the most effective method of increasing the accuracy and quality of reports is better training of the mandated reporters. Some states have passed legislation requiring this education. Schools and other agencies, however, can initiate programs on a more informal basis.

In their training, teachers need to be made aware of their state's definition of maltreatment and the procedure of the child protection agency (CPA) in responding to reports. Additional information should include how, what, and when to report all kinds of abuse and neglect and ways to obtain feedback from the CPA about the accuracy of their reporting. Other objectives in the training program should include methods of keeping complete records of the child's disclosure and ways in which the coordination and collaboration between schools, the CPA, and law enforcement agencies can be improved. In addition, all teachers should be reassured about the nonpunitive objectives of the CPA, which are the following: to stop the child maltreatment, to ensure protection for the child, and to assist the families with necessary services (Besharov, 1990).