Protecting children through mandated child-abuse reporting

Educational Forum, The, Winter 2003 by Dombrowski, Stefan C, Ahia, C Emmanuel, McQuillan, Kathleen

Indicators of Neglect and Emotional Abuse

Neglect is the most prevalent form of child maltreatment, and there are several kinds: educational, emotional, physical, and medical (Dubowitz, Black, Starr, and Zuravin 1993). Educational neglect includes failure to assure that children attend schooling on a regular basis. Physical neglect often includes failing to provide appropriate food, shelter, and clothing for a child. It might also include allowing a child to be dirty and hungry continually. Emotional neglect might include extreme detachment from a child, leaving the child unsupervised or devoid of developmentally appropriate nurturing. Allowing a child to engage in adult-like activities prematurely (e.g., permitting a child to consume significant quantities of hard alcohol at age 11) might also raise suspicion of caregiver neglect. Medical neglect includes the failure to provide children with needed medical or dental services.

Emotional abuse includes chronic, intense, and inappropriate criticism or rebuke of a child (McGee and Wolfe 1991). It might also include excessive or inappropriate criticism and deprecating caregiver tendencies directed at the child, such as derogatory name-calling and humiliation. Psychologically terrorizing a child should also be construed as emotional abuse. Finally, exposure to caregiver domestic violence or substance abuse might also raise suspicion of maltreatment. Many children placed in protective services have caregivers involved in substance dependence, a situation that should be avoided (Wolock and Magura 1996).

UNCERTAINTY ABOUT THE THRESHOLD

At times, a school professional may be uncertain over whether sufficient information exists to file a CPS report. When this situation arises, he or she may consult with a colleague knowledgeable about child maltreatment. This person may be a school mental-health professional (e.g., school psychologist, counselor, or social worker). The most appropriate course of action, however, may be to contact CPS, requesting feedback as to whether or not a mandated report is indicated (Kuest and Winter 2000). Most of the time, CPS is knowledgeable about these matters and will assist the school professional. This way, the school professional is legally protected, ethically grounded, and may prevent further harm to the child.

School professionals should be aware that CPS recommendations supersede the advice or recommendations given by a supervisor, principal, or colleague. Even when the mandated reporter is an intern/ student teacher or works in a school that requires the principal to file a CPS report, the mandated reporter has a legal obligation to report, that is separate. It supersedes any school policy or obligation to a supervisor/principal who might have a different (and perhaps uninformed and/or political) perspective (Kalichman 1999; Kalichman and Brosig 1993). When uncertain, a school professional should contact CPS and request feedback detailing what steps should be taken. If a report is made in good faith, then the school professional is generally immune from criminal and civil sanctions (Hinson and Fossey 2000). On the other hand, every state, save four, imposes criminal penalties on mandated reporters who fail to report suspected child maltreatment (Pence and Wilson 1994). Furthermore, child-abuse reporting procedures vary depending on the relationship between the child and suspected abuser. If the alleged abuser is thought to be the child's caregiver or legal guardian, then a report is made to CPS. If the alleged abuser is someone other than the child's caregiver or legal guardian (e.g., friend or relative), then law enforcement should be contacted (Pence and Wilson 1994). Either way, the school professional can gain procedural clarity through a phone call to CPS.