Darkscan

What Is a “Reasonable” Suspicion?

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(1)      The Problem: Jurisdictions require that reports of child abuse and neglect be based on knowledge or reasonable belief / suspicion / cause (to suspect or believe). The legal standard of “reasonable” imagines what a hypothetical reasonable person would do in the same situation. Laws rarely define it exactly or describe how to decide. So, what does it mean?

(2)      What “reasonable” does NOT require: It does NOT require certainty, proof, or evidence that child abuse or neglect occurred. A report may be made without any of those things.

(3)      Factors for “reasonableness”: Generally, the reporter has made observations, and assessed: (a) feelings (assurance) as to the reliability of observations and/or inferences from them; (b) circumstances that might justify a report; and (c) likelihood of abuse or neglect.

(a)      Feelings: These are about the viewer’s level of confidence. It may be a nagging feeling.

                              (i)     Observations: Are you confident that you: (A) spent enough TIME observing; (B) were FAMILIAR with the type of thing you observed; and that (C) the NATURE of the evidence had clear significance and that you observed it first-hand?

                             (ii)     Inferences: This means conclusions or judgment. Are you confident in: (A) your relevant prior EXPERIENCE to understand the significance of what you observed; and (B) how your inferences FIT the facts?

(b)      Circumstances: Is there a special factor present that justifies a report?

                              (i)     The child: Is he or she particularly VULNERABLE?

                             (ii)     Insight: Do you have INSIGHT or facts about the situation that others don’t?

                           (iii)     Newness: Would you be the FIRST reporter, or have others reported it already?

(c)      Likelihood: Assess the likelihood:

                              (i)      Past:           That the child HAS BEEN abused or neglected in the past;

                             (ii)      Present:      That bad things are IMMINENT if no report is made;

                           (iii)      Future:        That the child WILL be abused or neglected; and

                           (iv)      Impact:        That your report will HELP (the jurisdiction in this situation).

(4)     Decision: (a) If you have a reasonable basis and are not aware that anyone else has reported the situation, then report. (b) If you do NOT have one then do NOT report. (c) If you still are unsure after the assessment, the rule everywhere is to report. 

For more information on reasonable belief, see:

Anonymous, “What Should You Know About Reporting Suspected Child Abuse?” (v. 11/10/2014; Center for the Protection of Children, Penn State Children’s Hospital; adapted from Benjamin H. Levi and Sharon G. Portwood, “Reasonable Suspicion of Child Abuse: Finding a Common Language,” The Journal of Law, Medicine, & Ethics, 39(1):62-69 (February 11, 2011)).