Difficulties When Reporting Child Abuse and Neglect : Part 2

by Child Welfare Information Gateway

(Page 4 of 4)

Previous Experiences Reporting

Educators who have had a negative or difficult experience when reporting suspected maltreatment might be reluctant to become involved again. Such educators may feel that a previous case was not handled appropriately or to their satisfaction. These concerns are real and sometimes valid, but a previous bad experience does not mean that the next case will not be handled well. CPS agencies throughout the country are continually working to upgrade their services. In many communities, they are becoming steadily more responsive and highly skilled. After experiencing an unsatisfactory response with the CPS agency, however, the reporter should not hesitate to request that an agency supervisor intervene in the handling of the case. Exemptions are not granted to mandated reporters who have previously had a negative experience. In addition, while reporting does not guarantee that the situation will improve, not reporting virtually guarantees that the child will continue to be at risk if the abuse or neglect exists.

Belief That Nothing Will Be Done

Sometimes potential reporters believe that nothing will be done if they report, so they choose not to. Such reasoning often is faulty. If an incident of suspected child maltreatment is reported, some action will occur. At the very least, a record of the report will be made, the educator's legal obligation will be fulfilled, and the investigative process will begin. If the incident is not reported, however, it is likely that nothing will be done. Maltreated children cannot be protected unless they are first identified, and the key to identification is reporting. While not all calls result in an investigation, educators may not know what information was previously or subsequently reported about the child or the family. The cumulative effect of all the reports may allow CPS to substantiate a case and to provide help and intervention.

Some educators find it frustrating that CPS will not let them know whether the case is being investigated. Confidentiality laws and policies often make follow-up impossible. Educators may offer to keep in touch with CPS during the treatment phase, however, to help the children as much as possible. Some State laws will allow release of information from CPS to other professionals when the individual is a member of a multidisciplinary team.

Once the Report is Made

When a report of child maltreatment is filed, CPS makes several decisions. First, they must decide if the report meets the statutory criteria for child abuse or neglect. Then, they must investigate to ascertain if the abuse or neglect can be substantiated. CPS determines if the child is safe at home and, if not, what are the least intrusive interventions to assure the child's protection. Finally, CPS determines if there is a risk that the maltreatment will occur in the future. If the risk for future maltreatment exists, then CPS must offer or provide services to reduce the risk of abuse or neglect.

In some States, the court may become involved, particularly if the child is removed from the home. If a court is involved, usually a juvenile or family court is responsible for family well-being rather than a criminal court. However, increasingly in the case of sexual abuse, death, or extreme physical abuse, complaints are filed in criminal court.

In some instances, educators may be asked to appear in court as witnesses. It is important for them to remember that witnesses are not on trial. Usually, school staff will be called to help the child or present a more complete picture of the family situation. Exhibit 4-1 provides a list of guidelines for educators should they be required to appear in court.

Once the educator has followed the school system's protocol and the situation has been referred to CPS, in general, the process for each case is similar. Exhibit 4-2 provides an overview of the CPS process.

Exhibit 4-1 Tips for Educators Going to Court

• Check with the CPS caseworker or attorney to see if there will be a briefing before the court appearance.
• Write down dates, facts, and other information vital to testimony. Usually, it is permitted to take a paper or note card to the stand.
• Dress appropriately.
• Go slowly and think through each question.
• Speak slowly, concisely, and loudly enough to be heard so the recorder can record your testimony.
• Speak only when spoken to, and remember that the court is only interested in facts, not opinions, unless asked otherwise.
• If you do not know the answer, say so; do not guess.
• Try not to be flustered by the cross-examination.
• Remember that you are not on trial.
• Do not be afraid to call the CPS caseworker after the hearing to learn of the outcome.

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.