Child/elder/dependent Adult Abuse Reporting

Front 1

Ethical/legal issues pertaining to child abuse reporting

Back 1

Mandated reporter: by law must report suspected physical, emotional, sexual abuse or emotional abuse or neglect. Reasonable suspicion required. Not required to tell involved individual/victim you are making the report. Must do clinical follow-up with client after making report. Reports by adults of childhood abuse not reportable. Fetal abuse not reportable. Child abuse does NOT include a mutual affray between minors. Willful cruelty and unjustifiable punishment must be reported. Third party child abuse information must be reported (e.g., client tells you neighbor beats kids & leaves bruises). Must be in professional capacity to be mandated reporter (e.g., if observing abuse in supermarket, may report but only as citizen). Make report to child protective agency, police/sheriffs, county probation, welfare. Make report asap by telephone. Make written report within 36 hours.

Front 2

Reporting of sexual child abuse

Back 2

1) in case Planned Parenthood Affiliates v. Van de Kamp, consensual, non-abusive, non-coercive sex involving a minor age 14-18 is not reportable. 2) Consensual sex between minors age 13 or under not reportable unless it involves sexual assault or exploitation, 3) unlawful sexual intercourse with a child under the age of 16 is reportable when perpetrator is 21 years or older, 4) reportable when child is 14 or 15 and perpetrator is 10 or more years older (includes lewd & lascivious acts), 5) voluntary sexual intercourse where child is at least 16 not reportable (although may be against law-i.e., statutory rape), 6) reportable when both parties 13 or younger unless clearly voluntary and "of similar age", 7) reportable if child is 13 or younger and perpetrator is 14 or older, voluntary or not, 8) 17 or younger and been raped, 9) reportable if child is 17 or younger and victim of incest-perpetrator can be of any age.

Front 3

Elder/Dependent Adult abuse reporting

Back 3

1) as of 1/1/99, mandated reporting of abuse required, 2) needs to have observed or have knowledge of abuse incident, 3) not required to report is elder/dependent is mentally ill and therapist reasonably believes abuse did not occur. Report by telephone immediately and written report sent within two days. Report to adult protective services, local law enforcement, state departments of mental health/developmental services, local long term care facility.