How to Use This Digest

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Some short sections at the beginning of this book have headings with mixed upper- and lower-case fonts, and a salmon-colored background. These sections provide general information that a reporter might find useful. An example of those headings is below.

Then, actual reporting begins by deciding which jurisdiction (place and level of government) to report to. This choice is usually easy. But if there is more than one option, the report should be made to the jurisdiction where the known or suspected incidents took place. The jurisdiction where the child resides (if different) might accept a report instead, and refer it or arrange for joint investigation with the other jurisdiction. Jurisdictions differ in how they handle this.

In this book the jurisdiction sections have headers with yellow background and bold all-capital letters. Here we will use pages for Washington, D.C. to illustrate the big picture and key aspects for reporting abuse and neglect. Note that Wash. D.C. is listed as the District of Columbia.

The yellow box lists the jurisdiction name. Each jurisdiction section contains several parts; gray highlight in this chapter shows snippets from the District of Columbia pages. The end of most paragraphs have italic bracketed legal citations for the rule there. A reader can use these citations to take a closer look at rules for that jurisdiction; most of those laws are posted online:   [Code § 4-1321.02]

WHO:        Anyone MAY report if they know of or have reason to suspect child abuse or neglect; but anyone over age 18 MUST report if they know or have reason to believe that a child under age 16 is a victim of sexual abuse.  [Code §§ 4-1321.02; 22-3020.52]

These are mandatory (MUST report OR have a report made): • Child and Family Services Agency employees, agents, and contractors • Physicians, psychologists, medical examiners, dentists, chiropractors, registered nurses, licensed practical nurses, or persons involved in the care and treatment of patients • Law enforcement officers or humane officers of any agency charged with the enforcement of animal cruelty laws • School officials, teachers, or athletic coaches • Department of Parks and Recreation employees, public housing resident managers, social service workers, or daycare workers • Human trafficking counselors • Domestic violence counselors or mental health professionals.  [Code § 4-1321.02] 

·       NOTE: The mandate for professionals and officials is not limited to observations in the course of work. Reporting fetal alcohol spectrum disorder is an exception, but those reporters still have a mandate for other observations made outside of work.

The “WHO” section is important.

Most jurisdictions have two class of reporters: mandatory reporters and all other persons. Jurisdictions with no mandatory reporters require all (adults) to report.  Some jurisdictions have both universal reporting and designate certain professionals in particular.

Mandatory reporters are usually professionals or officials who MUST report reasonably suspected abuse or neglect they see at work. Commonly mandated professionals are doctors, teachers, and police, because they work with children. Counselors are often named in case their clients include victims or child abusers. Clergy (religious leaders) are sometimes included because they are counselors. Another often-named group is photo and film processors (and sometimes computer technicians), since customers’ child porn may pass through their hands. Mandatory reporters are under special rules, but in their free time, the same people may not be mandated, depending on the jurisdiction. The note above shows that reporters are District of Columbia mandated even in their free time.

But also, certain jurisdictions mandate even some volunteers. These may be in schools, sports teams, or youth organizations.

Adults who are not mandatory reporters are “permissive,” meaning that they MAY report. In some jurisdictions every (adult) person MUST report if they have reason to suspect abuse or neglect, though some professional groups may still be highlighted as mandatory reporters. All jurisdictions encourage permissive reporting whenever it might be justified. And NO American jurisdiction forbids good-faith reporting of child abuse or neglect.

“Shall” in statutes means MUST.  But “may” means may.

 This digest uses “s/he” to mean he or she, and “his/her” to mean his or her. Etc.

·       STANDARDS:  [Code §§ 4-1321.02; 22-3010(3); 22-3020.52] NOTE:

In the § 16 series statutes (e.g., §§ 16-2301(3),(4)) MINOR means under age 21 and CHILD means under age 18.

…

                                 (2)          For any mandated reporter (part I): knows or reasonably suspects that a child (age <18) whom s/he knows in a professional or official capacity was or is in immediate danger of mental or physical abuse or neglect.

A reporting standard is the minimum basis for reporting. For Wash. D.C., the terms “mental abuse”, “physical abuse”, and “neglect” will be defined further on, at the “WHAT” section.

The threshold age for adulthood is also shown. Most jurisdictions define a child as being under age 18, but there is variation. And for instance, the District of Columbia uses both ages under 18 and under 16 in defining reportable sexual abuse.

The non-age part of the standard provides a decision basis. NO jurisdiction requires a reporter to prove wrongdoing. But they DO require evidence that reasonable people might see as concerning. It is NOT enough to “just have a feeling”; there must be an observation. Examples include physical injury, behavioral changes, lack of essential care at home, etc.

In ambiguous cases, specific evidence might include a substantial undesirable change in the child’s behavior. The next sections of this digest discuss ambiguity, and signs of child abuse. Where evidence could be interpreted as either abuse or not, AND doubts remain about a suspected person’s innocence, the rule everywhere is to submit a report. Yet if evidence could be interpreted either way but there is NO doubt that the adult is innocent, then it should not be reported. Reporting should not be treated like a witch hunt.

·       PRIVILEGE: A mandated reporter is exempt from reporting IF s/he is employed by (or is) a lawyer, IF abuse suspicions about the client arise solely through representation.  There is no spouse/domestic partner, or physician-patient privilege in abuse/neglect judicial cases.  [Code §§ 4-1321.02(b); 4-1321.05] 

A “privilege” is legal protection of confidentiality in communications. It applies in some circumstance, but not others. Child protection laws tend to be the least protective type for secrecy, but jurisdictions differ considerably on that.

For abuse reports in the District of Columbia, attorney-client privilege does apply (it is exempt from reporting), but husband-wife and physician-patient privilege do NOT.

WHEN:      IMMEDIATE oral report.  Written report (no statutory timeline) if requested by CFSA or police, or abuse involves drug-related activity.   [Code §§ 4-1321.02; -1321.03]

The rules in the “WHEN” section apply only to those who MUST report. If someone “may” report, there is no penalty for not reporting, or for not reporting promptly.

Generally, the mandated initial report must be immediate, but some jurisdictions clarify that it can be up to 24 hours or 48 hours (or rarely 72 hours) after the initial knowledge or reasonable suspicion. Some jurisdictions require a written follow-up report in certain circumstances, and often specify a deadline for that. Here follow-up timing is presumably urgent but was left open-ended, though agencies may have internal deadlines for acting.

WHERE & HOW:   [Code §§ 4-1321.02; 4-1321.03; 4-1303.03b] 

·       Mandated reporters should make an immediate ORAL report to: (1) the Washington D.C. Metropolitan POLICE department; OR (2) the Child and Family Services Agency (CFSA), and follow up with a written report if one is requested. More information is at https://cfsa.dc.gov/service/report-child-abuse-and-neglect. 

These rules apply explicitly to mandated reporters. In most jurisdictions the same agencies receive the voluntary reports as well, but the rules for those tend to be less restrictive.

Federal Note: Most federal sites are located in a state or territory. Federal statutes require the U.S. Attorney General to designate local (e.g., state) law enforcement and child protective service agencies to receive reports from there, however no guideline or agency list is online. This Digest relies on other sources to identify the designated agencies.

Report-takers have a protocol with three main aspects, usually spelled out in the law:

(1)      HOW. Phone reporting is the most common rule. Others require written reports [mailed or faxed or dropped off; possibly e-mailed], and sometimes have in-person or online options. Some written reports must or may be on a particular official form.

(2)      TO WHOM. Usually: (1) the jurisdiction’s human/family services dept. at its Child Protective Services (CPS) unit; and/or (2) local law enforcement. They collaborate.

(3)      AT WHAT ADMINISTRATIVE LEVEL. This often involves (1) a phone hotline or county CPS contact; and/or (2) city or county or state-wide law enforcement.

Some jurisdictions list special cases. An example is reporting only to law enforcement for violent abuse or sex crimes or stranger danger. Other special cases are reports for fetal alcohol syndrome, or a suspicious death, or to a state’s attorney (prosecutor).

Deaths: In some locales, suspicions about a child’s death must be reported to a coroner or medical examiner (M.E.). M.E.s are physicians and are appointed. Coroners are elected or appointed; most are not doctors. M.E.s identify medical cause of death, e.g., murder by a blunt instrument. Coroners investigate for legal inferences, e.g., who swung the blunt instrument. A coroner’s M.E.-like staff or contractors may be called forensic pathologists. Certain states have coroners in some counties and M.E.s in others.

A “State’s Attorney” is a prosecutor (such as a district attorney), often at the county level.

 “Department” in child abuse and neglect laws usually means the jurisdiction’s department of human services (whatever its name), as opposed to law enforcement.

“Law enforcement agency” can include a sheriff’s department (typically for a county), municipal or county police, state police, bureau of investigation, marshal service, etc. But unless shown otherwise here, a sheriff’s or local police department is usually in view.

·       For a child in immediate, life-threatening danger:                 Dial 911 (report later)

Also: sexual abuse of a child age <16 is reportable to 911. [Ann. Code § 22-3020.52(a)

·       To report to police, non-emergency:                                        Dial 311

·       Other Washington, DC metro police contact information:   

Phone: (202) 727-9099           Fax: (202) 727-4106               TTY: 711                 

Email: mpd@dc.gov              Website: https://mpdc.dc.gov/

Physical Address: 300 Indiana Avenue, NW, Room 5059, Washington, DC 2000  

·       CFSA Hotline (24/7):                               (202) 671-7233  [which is (202) 671-SAFE]

·       Other CFSA contact info:          Website: https://cfsa.dc.gov/

Phone: (202) 442-6100           Fax: (202) 727-6505               TTY: 711               

Email: cfsa@dc.gov                Office Hours: Monday-Friday, 8 a.m. to 4:45 p.m.  

Physical Address: 200 I Street, SE, Washington, D.C. 20003         

This digest lists contacts, directories, and resources for reporting options. Where no phone number or directory is available, the digests suggests how to look up that official.

Certain features are worth noting. Like many (not all) jurisdictions, this one has reporters call 911 for child emergencies. It also has a TTY number for the deaf and hard of hearing. The fax, email, and street address are shown in case they are needed for a written report.

·       Written reports (if requested by CFSA or police, or the abuse involves drug-related activity).  [Code § 4-1321.02(d)]  The District of Columbia posts no standard form online for written reports, and has no online reporting system as of this writing. 

Where written reports are required, this Digest notes where forms may be found for them, if available. In some cases reports can be made online; laws treat those as being written.

·       INSTITUTIONS:  Staff at hospitals, schools, social agencies, and similar institutions MUST immediately notify its head or his/her designated agent, who will then make a report, BUT the staff member has a duty to report also.  [Code § 4-1321.02]

In some jurisdictions reporters who work in certain types of institutions are required to report to a supervisor or institutional chief or someone they designate in addition to or instead of regular reporting. Any such rules are here.

·       REPORT DETAILS: Mandated reports must include at least, where known: (a) the name, age, gender, and address of the child, of his/her siblings and other children in the household, and of the parents or others responsible for care; (b) the nature and extent of this and any previous abuse or neglect, if known; and (c) any other info that may be helpful.  Mandated reports (but only those) must include (d) the reporter’s identity, occupation, contact info, and any action s/he took.  [Code § 4-1321.03]

These rules apply only to those who MUST report, BUT every reporter in D.C. would be wise to use these as guidelines.

Jurisdictions vary in the type and amount of information they want. Reporters should know which facts are needed and organize their information in advance before making contact. Of course, sometimes full details are not available, or circumstances do not permit collecting all the facts before authorities should be informed. Work with the facts you have.

·       REPORTER PROTECTION: (1) Mandated reports (but only those) must include the reporter’s identity, occupation, and contact info.  [Code § 4-1302.03]  (2) Reporter and witness identities are not released without their respect consent, whether to any suspect, child’s parent or guardian, or child-placing agency.  [Code § 4-1302.03]  (3) Reports made in good faith are immune from civil and criminal liability and also in court; good faith is presumed unless rebutted.  [Code § 4-1302.04] 

Some child abusers are vindictive. This section explains how much protection reporters will have from suspected abusers/neglecters in this jurisdiction, in three ways:

(1)  Anonymity in the report, if allowed. There, it omits the reporter’s identity). Many jurisdictions allow anonymous permissive reporting; fewer do for mandatory reporting.

(2) Confidentiality, so as to shield the reporter’s identity. Here abusers cannot see who made a report, even if they are given the rest of it. Many jurisdictions disclose reporter identities within government on a need-to-know basis. Some jurisdictions release the identity to the report’s subject if the report proves to be knowingly false or malicious.

(3) Legal immunity from civil and criminal liability for good-faith reporting (removing abuser and prosecutor grounds to sue, even if s/he knows who reported). Jurisdictions may withhold immunity if: (a) a report is knowingly false or malicious; (b) the delay of a required report caused damages; or (c) abusers report their own wrongdoing.

Some definitions are helpful here.

 “Good Faith” in reporting means: (1) reason to believe a child was abused or neglected; (2) reasonable steps to learn the readily available facts; and (3) no intent to injure or violate another person’s rights. [https://ucr.fbi.gov/stats-services/victim_assistance/brochures-handouts/when-you-suspect-child-abuse-or-neglect]

“Liability” means that the person who is called liable can be sued over the issue.

“Immunity” means protection from (or cancelation of) liability.

“Criminal” refers to charges by a government for an offense. Fines and time in jail (local) or prison (for serious crimes) are common, although the usual terms, imprisonment and confinement are not specific as to the facility type where someone would be incarcerated.

“Civil” can refer to lawsuits by a person, agency, or company. These typically concern enforcing legal rights or recovering damages. They usually seek money payments or try to force the defendant to take or stop some action. Jail time is not at issue. This is not to be confused with the alternate meaning of civil (meaning civilian as opposed to military).

The policy behind immunity is to protect reporters who are honestly mistaken or who err on the side of caution, for the child’s safety. States must provide that immunity in order to receive grants under the federal Child Abuse Prevention and Treatment Act (CAPTA).

WHY:        (1) Willful failure to make a mandated report is punishable by < 180 days imprisonment and/or < $1,000 fine.  [Code §§ 4-1321.07; 22-3571.01]  (2) Willful failure to report sexual abuse of a child under age 16 draws a civil fine of $300.  [Code § 22-3020.54]  (3) Employer retaliation against good-faith reporters of sexual abuse of a child under age 16 is subject to judicial relief and reinstatement with back pay.  [Code § 22-3020.55]

Failure to submit a timely mandated report faces criminal and sometimes civil sanctions. In most places, non-compliance is a crime only if the report was withheld knowingly. Many jurisdictions also penalize knowingly false reports (but mistakes may be unavoidable).

Additional definitions may be helpful here.

“Misdemeanor” may be thought of as a lesser crime.

“Felony” may be thought of as a major crime.

“Proximately caused” refers to a harm that is a direct result of – and would not have happened without – a particular wrongful act or omission, such as by failure to report.

WHAT:      The District of Columbia defines child abuse and neglect as including any of (1) infliction of physical or mental injury; (2) negligent treatment or maltreatment; and (3) sexual abuse or exploitation.  [Code § 16-2301(23)]

Initial Screening Criteria: For urgency: (a) child fatality; (b) suspected sexual abuse; or (c) the agency suspects that a child experienced or is at imminent risk of severe abuse or neglect.  [Code §§ 4-1303.03b; 4-1301.04]

The Law, & Case Screening. These sections give the legal big picture for defining abuse and neglect, and for official priorities in reviewing reports. Here the screening criteria concern urgency; some jurisdictions focus first on whether all legal elements are present.

Focus. When a case is accepted, it is investigated for social work and/or law enforcement purposes. So, some statutes list factors for classifying mistreated children as “dependent” upon or “in need of services” from government. That concerns social work. Reporters should instead assess the legal elements for abuse or neglect, which means: the type of (a) victim (by age); (b) perpetrator (if known); (c) incident; (d) harm; and (e) circumstances.

Reportable: (a) a parent, guardian, or custodian for excessive physical discipline, neglect, or sexual exploitation  [Code § 16-2301(23)(B)(i),(24),(25)]; or (b) anyone for physical or mental injury, sexual abuse generally, or sexual abuse / exploitation of a child under age 16 for which everyone age 18 or more is a mandatory reporter.

Perpetrators. Laws use expanding circles to define perpetrators: (a) the child’s parent / guardian / custodian; (b) plus the household; (c) plus outside caregivers; (d) plus any outside abuser. The scope may depend on the deed (e.g., narrow for neglect and broad for sex crimes). The section paragraphs labeled “reportable” flag that. Other suspected perpetrators still committed a crime and should be reported to police, but not under child abuse protocols. Yet child abuse reporting protocols can be used even for unknown perpetrators. Social workers and law enforcement will sort it out.

Types of Wrongs

Context. Acts, omissions, attempts, and threats can each be at fault. And jurisdictions consider a perpetrator’s mental state: (a) deliberately harsh; (b) recklessly selfish; (c) negligently apathetic; or (d) exploitatively lustful or greedy. The list below illustrates this

Intentional attempt or knowing allowance, that risks or results in harm to the child. Deliberate or intentional means that some harshness is intended (e.g., hitting) even if the result (e.g., brain damage) is not. Similar terms are knowing and willful.

·       Deliberate acts causing physical injury (e.g., broken bones, organ damage, etc.), for example by excessive corporal punishment

·       Deliberate infliction of mental / emotional / psychological trauma

·       Deliberate refusal to provide for needs or supervision, to the point of harm

Reckless treatment of a bystander child. Reckless means the offender is aware but indifferent to foreseeable bad outcomes. S/he consciously takes the risk.

·       Exposure to dangerous physical hazards (intoxicated driving, risky play, etc.)

·       Exposure to alcohol or drugs directly (by use or fumes) or by prenatal abuse

·       Exposure to morally dubious situations (of sex trafficking, drug sales, etc.)

Negligent abuse (apathy, e.g., by addicts & alcoholics). Here the offender has (a) a duty of care; but (b) skips ordinary care; thus (c) directly causing (d) harm to the child.

·       Inattention to a child’s needs for food / shelter / medical care / education / etc.

·       Inattention to supervision / guidance / communication / relationship

·       Inattention due to abandonment

Exploitative abuse. Exploitative means taking unjust advantage for one’s own benefit.

·       Sexual abuse – interactions with a child

·       Sexual exploitation – using a child for porn, prostitution, or involuntary sex work

·       Forced labor (trafficking, for either non-sexual or sexual purposes)

Variations. Most jurisdictions refer to physical abuse, neglect, and sexual abuse / exploitation using those words. When they refer to emotional / mental / psych abuse, they may list it with the others, or allude to it indirectly, or mention it among side effects.

Summaries. This digest quotes laws verbatim only in some cases, but aims to preserve key elements wherever it condenses, paraphrases, and/or reorganizes legal language. Also, sexually explicit terms are carried over for clarity. Snippets below illustrate the approach.

Physical Injury means bodily harm greater than transient pain or minor temporary marks.  [Code § 16-2301(30)]  

Mental Injury is (a) harm to a child's (b) psychological or intellectual functioning that may be (c) exhibited by severe anxiety, depression, withdrawal, and/or outward aggression, & (d) seen by a change in behavior, emotional response, or cognition.  [Code § 16-2301(31)]  

Negligent Treatment or Maltreatment means (a) a parent, guardian, or other custodian’s (b) failure to provide (c) adequate food, clothing, shelter, or medical care, where it is (d) not due to lack of financial means. Neglect includes any of:  [Code § 16-2301(24)]  

Sexual Abuse of a child (age <18) includes any of (1) an actual or attempted sexual act or sexual contact; (2) actual or attempted sexually explicit conduct; and (3) exposure to sexually explicit conduct.  [Code § 16-2301(32)]  

Sexual Exploitation of a child (under age 18): (a) a parent, guardian, or other custodian: (b) allows a child to engage in prostitution; or (b) engages or allows him/her to engage in [child porn] or another illustration or promotion of sexual conduct.  [Code § 16-2301(25)]  

General Terms

“Includes” generally means, “includes but is not limited to”.

“Infant” means child, usually no more than 12 months old. (In some still-existing archaic legal usage it includes school-aged children.) 

“Newborn” usually means no more than 30 days old.

“Court” includes juvenile court as well as other courts.

“Maltreatment” means cruel and/or harmful, while “Mistreatment” means improper. Jurisdictions differ on the term maltreatment. It is either: (1) (generic for abuse or neglect:) “Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation; or an act or failure to act, which presents an imminent risk of serious harm.”  [Child Abuse Prevention and Treatment Act (CAPTA, 42 U.S.C. § 67)]; or (2) (torture / torment:) inflicting pain and/or suffering, which may or may not leave a physical injury.

“Dependent” and “dependency” refer to a child living on his or her own. The caregiver may be deceased, or physically or mentally helpless, or the child may have run away. They mean the child will be dependent upon government for care, whether s/he wants it or not.

Terms in Sexual Abuse

“Sexual exploitation” includes porn, prostitution, and involuntary sexual servitude.

“Human trafficking” transports persons geographically for forced labor or forced sex.

Differences: In some places “sex trafficking” refers to sale of unwilling sex, in others it refers to any sale of sex. Some laws call “prostitution” voluntary; others cite force in prostituting a minor. And “exploitation” may include forced non-sexual labor, or may not.

“Age of consent” is the age at which a person may legally begin consenting to engage in sexual activity. But illegal acts such as incest or sexual exploitation remain unlawful.

Relationship Terms

“Parent” is usually distinguished from a stepparent, foster parent, or parent’s paramour.

“Guardian” is an adult, not one of the parents, who acts in their place but is not required to support the child from the adult’s own income.

“Custodian / Custody” means an adult with (1) legal custody (power to decide for the child) and/or (2) physical custody (the right and duty to house, provide, and/ot care for the child).  It may be a teacher, coach or daycare worker; the term in loco parentis (“in the parent’s place”) is sometimes used.

“Conservator” usually means a trustee for finances and/or property, or a legal custodian.

The terms “caregiver” and/or “caretaker” are usually synonymous and mean someone who has responsibility for the child’s welfare during the incident(s) at issue.

The meaning of “person responsible for the child’s welfare” varies by jurisdiction.

A “household member” is a “person residing in the same household,” and lives with the child. That person may be an adult or another child, and may or may not be related to the child. The household may be in a house, apartment, shack, tent, vehicle, or other place.

“Cohabit” and “cohabitate” mean the same thing: to live in the same dwelling with.

“Paramour” means a parent’s unmarried partner, who may or may not live with that parent. (The term “fiancée” typically does not appear in child protection statutes.)

“Consanguinity” and “collateral consanguinity” refer to descent from the same ancestor.

“Sibling” means brother or sister, and may include half-brothers and half-sisters.

Relationship “degrees” or consanguinity (kinship by blood) count back to a common ancestor and down again, but some jurisdictions have minor variations in that, such as by counting a brother or sister as a first-degree relationship, instead of two (counting up to the parent and down again). Also, these degrees MAY be by blood, marriage (“affinity”), domestic partnership, and/or adoption, depending on the place. Including marriage, an example is: count from the child (0^th degree) upward to the parent (1^st degree) to the parent’s other kin (2^nd degree, e.g., child’s stepparent, whole or half brother or sister, or grandparent), then that group’s other kin (3^rd degree, e.g., a child’s stepbrother, stepsister, step-grandparent, brother- or sister-in-law, aunt or uncle by blood, remarried grandparent’s spouse), etc. Also count down to the child’s child (1^st degree), etc.

Abbreviations

The abbreviations used to identify statutes and regulations are from legal citation standards; here they omit the jurisdiction name to save space. “§” means section. Certain other abbreviations in this digest may be helpful to know.

i.e. – … , that is, …

e.g. – for example

p. or pp. – page number(s)

ff. – and the following pages

et seq. – and the following sections (in laws)

et al. – and others

etc. – and so on

cf. – compare