Failure to report arrests often make headlines.
A grandfather was arrested in California for failure to report suspected child abuse after his daughter and her boyfriend were arrested for the abuse of his grandchild. As an employee of the state’s Department of Social Services, he had a legal responsibility to report suspected child abuse and failed to report.
A childcare center in Georgia was accused of giving Benadryl to toddlers to make them sleepy at naptime. Three arrests followed the accusation: two arrests for teachers who gave the medications to the children and one for the daycare’s director, who was charged with failure to report child abuse. As a mandated reporter, the director had a duty to report.
A charter school principal in South Carolina is facing charges of failure to report following an investigation of an after-school director and substitute teacher at the school who is accused of fondling three students between the ages of 7 and 12. As a mandated reporter, the principal had a duty to report.
Two daycare workers and one pastor of a religious school in South Carolina were arrested for failure to report. Investigators say all three were informed of child abuse occurring at the school and failed to fulfill their legal obligation to report it. As mandated reporters, the pastor and daycare workers had a duty to report.
Failure to report allegations and arrests often go hand-in-hand with child abuse arrests. In many cases, a coworker or family member knows about an incident of child abuse. If those coworkers or family members are mandated reporters, they are obligated by law to report the abuse.
By failing to report, they put themselves at risk.
What is the Definition of Failure to Report?
Almost every state defines failure to report in its child abuse and reporting laws and assigns criminal penalties for failing to report suspected instances of child abuse and neglect.
In general, the definition of failure to report is when a mandated reporter who has the knowledge or reasonable suspicion of child abuse or neglect fails to report it to the appropriate authorities.
What are the Consequences for Failing to Report?
Each state sets its consequences for failing to report child abuse. Failure to report charges is often a misdemeanor offense with jail time, fines, or both. Failure to report charges can also mean the suspension or revocation of a professional license.
In Florida, a person who is required to report known or suspected child abuse and who knowingly and willfully fails to do so, or who knowingly and willfully prevents another person from doing so, commits a felony of the third degree.
In Connecticut, any mandated reporter who fails to report as required by law or fails to make such report within the time period prescribed by law shall be guilty of a class A misdemeanor.
In California, any mandated reporter who fails to report an incident of known or reasonably suspected child abuse or neglect is guilty of a misdemeanor punishable by county jail, financial fines, or both. If a mandated reporter intentionally conceals his or her failure to report an incident known by the mandated reporter to be abuse or severe neglect, the failure to report is a continuing offense.
Learn more: What happens if a mandated reporter doesn’t report?
For a mandatory reporter, failure to report can result in an arrest, legal fees, time in court, jail time, financial fines, and the loss of a professional license.
Knowing a family member or coworker has perpetrated abuse of a child can feel like a tough place to be for a mandated reporter. But child abuse reporting laws are clear: failure to report can result in serious legal and professional penalties.
If you have knowledge or suspicion that child abuse or neglect is happening, protect the children in your care and protect yourself against potential legal ramifications. When in doubt, make a report.
