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Reporting Child Abuse and Neglect......

Deciding whether to report suspected child abuse can be a difficult and confusing process; yet, it is the crucial first step in protecting a child who might be in danger.

In most states, professionals who work with children in any capacity are identified as “mandated reporters” and are required by law to report suspected child abuse or neglect. And, in approximately 18 states, any citizen who suspects that a child is being abused or neglected is mandated to report.1

No matter your state laws, it is the responsibility of all individuals and community members not just mandated reporters to report suspected maltreatment of any child.

Why don’t some people report child abuse and neglect?

Among the most frequently identified reasons for not reporting are lack of knowledge about child abuse and neglect and lack of familiarity about state reporting laws. Other reasons people don’t report include:

Fear or unwillingness to “get involved”
Fear that a report will “make things worse for the child"
Reluctance to risk angering the family
Concern that making a report will negatively impact an existing relationship with the child
Belief that someone else will speak up
Although these feelings are understandable, they are not grounds for not reporting. Lack of action on your part could lead to dire consequences for the child and the child’s family. It even could result in serious harm or death of the child that might otherwise have been prevented.

What can you do if you believe a child is being abused or neglected?

Report, report, report. Everyone has the right and responsibility to report any incidence of suspected child abuse at any time. Actual knowledge of abuse is not required; all you need is “reasonable cause, suspicion, or belief” based on your observations. Information to support your concern may include your firsthand observations or beliefs, your professional training or experience, or statements made by the child or parent.

Having only limited information about your suspicion should not prevent you from making a report. Remember, you do not have to be “right” in your suspicions; you simply need to have a heightened and rational concern for the safety and well-being of a child.

Also, all states have laws that protect reporters from legal liability as long as reports are made in “good faith.”

Who do you call? And then what happens?

To report suspected abuse or neglect, contact your local child protective agency, which, depending on where you live, might be called Social Services, Children and Family Services, or Human Welfare. If you feel that the child is in an emergency situation, however, call your local law enforcement agency immediately.

The person who responds to your call will ask you several questions in order to provide the investigative team with sufficient information. Keep in mind, you do not need to know all the answers to make a report;you just need to be as comprehensive, specific, and clear as possible. Following are a few questions you may be asked:

What is your name, address, and telephone number?
What is your relationship to the child?
What is the child’s name, age, and address? If you don't know the answers to this question, you can provide descriptive information that will enable investigators to locate the child.
What is the suspected abuser’s name, relationship to the child, and address or license plate number?
What is the child’s parents’ names, address, and telephone number?
Describe the type of abuse, when it occurred, and your reasons for suspecting abuse.
What is the current location of the child?
What is your assessment of the child’s current level of safety?
What can you tell us about the child’s siblings and any related safety concerns?
What are the names, addresses, and telephone numbers of other witnesses?
Has the child presented with other suspicious injuries before?
Although anonymous reports can be made in every state, child welfare agencies generally discourage anonymity for many reasons. One, knowing the identity of the reporter can help the child welfare worker gather information during the investigative process to ensure the child’s safety. Two, if the case goes to trial, the child welfare worker may need to rely on the reporter to be a crucial evidentiary witness.

Unfortunately, many child welfare agencies are severely underfunded and understaffed. Typically, reports of child abuse and neglect are prioritized based on whether the child is in immediate risk or danger. Be patient. You may have to call more than once.

Who investigates complaints of child abuse and neglect?

The state or county agency that provides child protective services has the legal authority and obligation “to explore, study, and evaluate” reports of child abuse and neglect and to provide services when needed. During the early investigation stage, child welfare workers are responsible for determining:

Whether abuse or neglect has likely occurred
Whether there is immediate danger or risk to the child
What the motivation, capacity, and intent of the alleged perpetrator is
What the ability of a non-offending caregiver is to protect
the child in the immediate future
If the child is in immediate danger, the child welfare worker may place him or her under emergency protective services, which may include in-home support and supervision or the temporary removal of the child to a safe alternative
environment (e.g., with other family members or in foster care). If the child is removed from the home under these circumstances, the court and family must be notified and an emergency/temporary custody review hearing must be held, typically within 48 to 72 hours.2

If the child welfare worker determines that there are safety concerns yet it is safe to leave the child in the home the worker is responsible for creating a plan to keep the child safe in that environment and for organizing or providing any needed support for the child and the family. Support may come from a variety of sources, including extended family, local community organizations, and child protective services.

What happens to the child and family if a report is substantiated?

After a more comprehensive assessment, the child welfare worker must determine whether abuse or neglect occurred. If the allegations of abuse or neglect are substantiated, the child protection agency and/or courts will evaluate the case and determine what level of intervention is necessary. Interventions are dependent on the severity of the circumstances and may include voluntary assistance and services, court-ordered supervision and services, out-of-home placement, and as a last and complicated intervention termination of parental rights.

If a court orders the child to be removed from the home and placed under the supervision of the child welfare agency, two important federal laws come to bear. Both the Adoption and Safe Families Act of 1997 (P. L. 105-89) and the Adoption Assistance and Child Welfare Act of 1980 (P. L. 96-272) legally mandate child welfare workers to make “reasonable efforts” to reunite the family whenever possible and establish timeframes for achieving this goal or another permanency solution. If, after a thorough investigation, it is determined that the child is in need of substitute care, the child may go to live with other relatives or in an alternate care arrangement (e.g., foster care), until it is determined that the child is no longer in danger in the home or until services can be provided for the child and family to ensure the child’s safety.

In some cases, it is necessary for law enforcement to file criminal child abuse charges, depending on the nature and severity of the abuse or neglect. The range of legal penalties for child maltreatment varies from therapy for the perpetrator to incarceration.

Will you be able to find out what happens to the child?

One difficult conflict arises with the reporter’s desire or need to know the outcome of the report, versus the family’s right to privacy and confidentiality. Usually, if you are a family friend, neighbor, or relative, and not part of the child welfare professional community, you will not receive detailed information about the report.

The child welfare agency may let you know whether the circumstances have been evaluated and whether the case has been opened for further investigation. Many times, however, child welfare agencies are overburdened with high caseloads and too many time demands and thus are unable to report whether the allegations were substantiated. You may request information regarding the status of your report if the agency does not provide it voluntarily.

In some states, professionals who are mandated to report are provided greater detail due to their continued legal obligation, role in assisting or treating the child, and ability to monitor conditions that might further endanger the child. Thus, most state laws entitle mandated reporters to be informed of the findings of the investigation and the services being provided to protect the child.

What happens if you report and the case is unsubstantiated?

While only a small percentage of reports turn out to be deliberately false, some cases become classified as “unsubstantiated,” which means there was not sufficient information regarding the allegation or the identity of the family to confirm abuse or neglect based on the state’s legal criteria. Some cases are classified as unsubstantiated if no court action was taken and voluntary services were provided to the child. Criteria for substantiation vary among states because there is no uniform national system for case reporting.

If you are unsure of the legal and societal definitions of abuse or neglect in your community, contact your local child welfare agency for information.

Knowing how, when, and what to report about child abuse and neglect may make a life or death difference for a child.

JMT