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Law
Note Series
Social
Workers and Child Abuse Reporting
A
Review of State Mandatory Reporting Requirements
by: Peter McLeod, Law Clerk
and Carolyn I. Polowy, NASW General Counsel
Published: March 2000 © NASW
Pages: 102, including appendix
INTRODUCTION
[citations omitted]
"Reporting [child abuse]
frequently becomes an ethical dilemma as a result of complex interactions
among several factors including diverse professional contexts, legal requirements,
professional-ethical standards, and the circumstances of suspected abuse.
The reporting dilemma also reflects the fact that breaching confidentiality
and breaking the law both constitute unethical behavior." However, beyond
the professional difficulties in dealing with child abuse and neglect, there
is a distinct need to intervene on behalf of the children victimized by abuse.Currently,
an estimated one million children are victims of child abuse and neglect
each year. In 1996, child protective services in all states investigated
more than two million reports and substantiated just under one million, child
abuse victims. Approximately 1,000 victims, who were previously known by
child protective services, died as a result of abuse and neglect. Because
of legal requirements, over fifty percent of all investigated reports of
child abuse came from professionals, including medical personnel, law enforcement,
educators and social service workers.
This law note discusses issues
social workers confront when dealing with child abuse and neglect situations.
First, this note provides a brief history of the federal legislation that
mandated child protective services and the reporting of suspected child abuse
at the federal level then surveys state statutes and case law, providing
an overview of the current state of mandatory reporting. Third, it identifies
ethical considerations mandated reporters face. Finally, it provides practical
steps in reporting child abuse and, in addition, an appendix summarizing
each state's reporting requirements.
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