Steps in Making a Report
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2023.
(1) Identify the relevant jurisdiction and find those Digest pages, Then check the “How to
Use this Digest” section if clarifications are needed. Often, the report must
be made to the jurisdiction where alleged incidents took place, but the
jurisdiction where the child resides or where the incident was discovered are
sometime designated or do dual investigation.
(a) Keep the report in “Good
Faith”:
(1) have reason to believe that a child was abused or neglected under the
jurisdiction’s rules; (2) take reasonable steps to learn readily available facts
about incident(s); and (3) do not aim to injure or violate another’s rights. [https://ucr.fbi.gov/stats-services/victim_assistance/brochures-handouts/when-you-suspect-child-abuse-or-neglect]
(b) WHO: determine which class
of reporter you would be in (but reports in good faith are never banned), and what
the standard is for the report, and whether privilege applies.
(c) WHEN: this section usually applies
only to mandatory reporters, but even if a mandated report is past the time when
a report is due, the general rule is “better late than never”.
(d) WHERE & HOW: note which
person(s) in authority you should contact and how, and compile the facts about
the child’s circumstances and incident for the report details shown. These
facts should be as full and accurate as is feasible under the circumstances
(gaps may be unavoidable). These details concern the child, family,
incident(s), circumstances, history, and suspected perpetrators, and any
documentation. Most reporters will find it helpful to prepare notes. Also check
whether you must give your own name and other personal information (this
applies mainly to mandatory reporters).
(e) WHY: this section is strictly
informational, and shows penalties for report violations.
(f) WHAT: this section spells
out that jurisdiction’s definitions of child abuse and neglect. Consider
whether the known or suspected acts are within these legal definitions.
(i) If there clearly IS abuse
or neglect at that level, then report.
(ii) If there is clearly NOT
abuse or neglect at that level, then do NOT report.
(iii)
If what you have seen and heard suggests that abuse or neglect MIGHT
have occurred at that level, yet you remain unsure after reviewing the section
after this one, then report. The rule everywhere is, when you have good reason
to suspect abuse but are in doubt, then report.
(2) Contact authorities in the manner shown for
that jurisdiction, and report the information.
(3) Record confirmatory
information.
(a) Record (in a written,
electronic, or other file): (i) the reporting date(s) and time(s); (ii) how
the report was made (e.g., phone, in person, written, online); (iii) the agency
and staff name receiving it (unless online); (iv) case number if given; and (v)
details reported.
(b) This is not required EXCEPT
to receive info later for the case. Mandatory reporters should record this info,
to prove they did their legal duty, and since some jurisdictions permit civil
lawsuits for failure to report when mandated, and for false reports.
This document provides legal information, not legal advice.
F. Russell Denton, Ph.D., Esq.
ISBN No. 979-8-9886484-0-6
©️ Pinion Feather Press, LLC, 2020, 2023.