Reporting Child Abuse and Neglect

by Child Welfare Information Gateway

In addition to trying to help families in which maltreatment is suspected, the involvement of educators in reporting child abuse and neglect is guided by Federal standards and regulations and mandated by State and local laws, which identify what is required of the educator and how that obligation is to be fulfilled. Schools are frequently concerned with creating protocols to enable them to address maltreatment issues more efficiently. Established protocols help address concerns over quality control, fear of lawsuits, and the protection of staff in reporting cases, as well as ensure that there are effective steps for helping children.

Federal Legislation

The Keeping Children and Families Safe Act of 2003 (P.L. 108-36) included the reauthorization of the Child Abuse Prevention and Treatment Act (CAPTA) in its Title I, Sec. 111. CAPTA provides minimum standards for defining child physical abuse and neglect and sexual abuse that States must incorporate into their statutory definitions in order to receive Federal funds. Under this Act, child maltreatment is defined as:

• Any recent act or failure to act on the part of a parent or caretaker that results in death, serious physical or emotional harm, sexual abuse, or exploitation;
• An act or failure to act that presents an imminent risk of serious harm.

A "child" under this definition generally means a person who is under the age of 18 or who is not an emancipated minor. In cases of child sexual abuse, a "child" is one who has not attained the age of 18 or the age specified by the child protection law of the State in which the child resides, whichever is younger. While CAPTA provides specific definitions for sexual abuse and for special cases related to withholding or failing to provide medically indicated treatment, it does not provide such definitions for other types of maltreatment - physical abuse, neglect, or psychological maltreatment. Each State has statutes providing that information.

Also at the Federal level, the Federal Family Educational Rights and Privacy Act (FERPA) of 1974 (P.L. 93-380), provides standards and regulations that are relevant to educators for reporting child abuse and neglect. While amended numerous times since it was first authorized, FERPA still governs the release of information from school records.

In a small number of cases, it may be necessary to consult school records to determine if a report of suspected child abuse and neglect should be made. Usually, parental consent is required before releasing information contained in school records. However, there are exceptions that can apply in cases of suspected child abuse and neglect. At the time of publication, a proposed amendment to FERPA would extend these same provisions to homeschooled children.

State Law

All States, the District of Columbia, and U.S. territories have reporting statutes for child abuse and neglect. These statutes outline who must report, to whom the abuse or neglect must be reported, and the form and content of the report. Given the diversity of statutes, educators should be familiar with or obtain a copy of the law in their State.

Who Reports

Most States specifically require educators to report suspected child maltreatment unless educators are grouped under the category of "anyone." Some States specifically define what is meant by an "educator" (e.g., teachers, principals, administrators, school nurses, school social workers, and guidance counselors) in any school, whether public or private, day or residential. Those professionals mandated to report vary from State to State. Educators should check their State reporting statute to determine who has been designated as a mandated reporter. They also should be familiar with their school system's policy and procedures regarding child abuse and neglect reporting. Additionally, it should be noted that when schools have a Child Protection Team, an educator's report to the team may or may not free him or her from further obligation, and a child protective services (CPS) caseworker may still contact him or her. The Child Protection Team representative would make the actual report to CPS. This regulation also should be researched within the educator's own State.

What to Report

States specify what can be defined as child maltreatment in their particular jurisdiction, often specifically defining nonaccidental physical abuse and neglect, sexual abuse, and emotional (or psychological) maltreatment. Many of the definitions for sexual abuse include the production of child pornography or compelling children to view sexually explicit materials or acts. Some States require that domestic violence within a child's family be reported to CPS, as it may adversely affect the child. Every school should have or know how to access the definitions for abuse and neglect in their jurisdiction.

While States require the reporting of suspected abuse, no State requires that the reporter have conclusive proof that the abuse or neglect occurred before reporting. The law clearly specifies that reports must be made when the educator "suspects" or "has reasonable cause to believe" that there is abuse. In any case, the intent is clear - incidents are to be reported as soon as they are noticed. Waiting for conclusive proof may involve further risk to the child.

When to Report

Again, State statutes differ as to when a report must be made. While early reporting is vital, educators may find it useful to keep notes on behaviors, bruises, or other potentially relevant information regarding the child. These informal, personally kept notes may be invaluable not only in filing a report, but in providing information to CPS. Notes should be taken even after the report is made in order to provide updates for CPS investigators. It is important to realize, however, that personal notes also can be subpoenaed if the case goes to court.

State and local statutes, as well as school system policies, vary regarding whether oral or written reports are necessary. Some require only an oral report, while others ask the reporter to follow up with a written report within a specific period of time. Secured Internet reporting to CPS also is allowed in some States. Some States and school districts identify special reporting requirements.

About the Author

www.childwelfare.gov
Formerly the National Clearinghouse on Child Abuse and Neglect Information and the National Adoption Information Clearinghouse, Child Welfare Information Gateway provides access to information and resources to help protect children and strengthen families. A service of the Children's Bureau, Administration for Children and Families, U.S. Department of Health and Human Services.