Every state has requirements for mandated reporters, individuals who are required by law to report suspected child abuse and neglect. In many cases, these laws require that individuals report when they have “reasonable cause to suspect that a child is being abused or neglected.”
So how do you draw the line between regular bumps and bruises and suspected abuse?
Many reporters are reluctant to make a report for fear of being wrong, but failing to report can have grave consequences for reporters, who may face criminal charges for not reporting, and for children who may desperately need someone to step in and protect them from potentially fatal outcomes.
What Qualifies as Reasonable Cause to Suspect Child Abuse?
Defining Reasonable
The term “reasonable” has legal connotations to be aware of. In general, a suspicion is reasonable if another individual with your education, training, and experience would come to the same conclusion.
A gut feeling may not be considered reasonable suspicion unless that feeling is paired with objective observations and a reflection of your personal biases.
Signs to Be Aware of
The Federal Child Abuse Prevention and Treatment Act (CAPTA), defines child abuse and neglect as a recent act or failure to act by a parent or caretaker that results in physical or emotional harm, sexual abuse or exploitation, death, or presents an imminent risk of harm.
In general, states recognize four main types of abuse and neglect:
- Physical Abuse: Generally defined as a non-accidental bodily injury to a child, including excessive corporal punishment.
- Neglect: Generally defined as the refusal of a caregiver to provide for a child’s basic needs, or an act/ lack of action that puts a child at risk of imminent harm.
- Sexual Abuse: CAPTA considers sexual abuse to be the employment, use, persuasion, inducement, enticement, or coercion of a child to engage in sexually explicit conduct or simulation thereof. This definition also includes rape, molestation, prostitution, and other forms of sexual exploitation.
- Emotional Abuse: This type of abuse includes behavior that impairs a child’s emotional development or sense of self-worth. This could include threats, rejection, withholding love, etc. This type of abuse is often difficult to prove.
When watching for signs of child abuse or neglect, it’s important to consider that your state may have additional guidelines or requirements. For example, some states consider parental substance abuse, human trafficking, or abandonment as a form of abuse or neglect.
Other states, such as California and Texas, have redefined neglect in an attempt to reduce reports against families who are experiencing poverty or economic disadvantages but are trying their best to provide for their children’s needs.
Know Your State’s Requirements
The requirements for mandated reporters and the circumstances they must report vary state-by-state. Usually, they are required to report when, in their official capacity, they have reasonable suspicion or reason to believe that a child has been abused or neglected, as defined by state law. Some states use the standard that they must report in situations where the reporter has the knowledge of or has observed a child being subjected to harmful conditions.
When defining reasonable suspicion of child abuse, it’s important to know that while mandated reporters are required to report the facts and circumstances that led them to suspect abuse or neglect, the burden of proof does not lie with the reporter.
When a report is made, it will be screened by Child Protective Services (CPS). Being screened in means there is sufficient information to warrant an investigation. Reports may be screened out when there is not enough information to follow up on, or if it doesn’t meet the state’s legal definition of child abuse or neglect, after which point the reporter may be referred to other community services or law enforcement. This makes it crucial to understand “reasonable suspicion” and what your state’s requirements are for a report.
The best way to understand what is required of you as a mandated reporter so you can do your duty with confidence is to get training. Your state’s training program can help you understand what to look out for, how to file a report should an issue arise, and answer other important questions. Get trained at the Mandated Reporter Training platform.
