|
|
|
Child Abuse and Maltreatment/Neglect:
Identification and Reporting
New York State Mandatory Training
Reasonable Cause/When to Report
|
|
|
|
|
Case #1: Corey
Does the emergency department physician have reasonable
cause to suspect that Corey has been abused? Should
a report be made?
The emergency department physician
was given conflicting information about how Corey
was injured (the EMS personnel reported that Corey
had been hit with a softball during practice; Corey
reports he was "beat up"). Corey seems so distressed
by his father's presence and the father is very angry
at Corey and humiliates him, despite the boy's injury
and pain. Corey's father seems to have particular
anger towards what he perceives as Corey's shortcomings.
As the emergency department physician you report Corey
to the SCR.
|
Case #2: Juanita
As the family nurse practitioner who knows this family
well, you decide to ask mother and daughter about
what happened that upset them both so much. Mom does
not respond, but Juanita blurts out that she stole
some nail polish and lipstick from the drug store
and her mother found out once they got home. Mom uses
corporal punishment in dealing with Juanita and she
slapped the girl across the face as well as grabbed
her arm rather roughly. She ordered Juanita to take
the items back to the store and to apologize to the
clerk at the store. Juanita, although initially minimizing
her actions, began to feel guilt and remorse for her
actions. She was still recovering from the incident
that had occurred earlier today.
After Juanita confessed her
crime to the nurse practitioner, Mom confirmed the
story and talked about how upset she was that her
daughter had stolen from the store. She was angry
because she is a religious woman who lives by a strict
moral code and feels betrayed by her daughter for
not also living by the values she thought she had
instilled in her daughter. As the nurse practitioner,
you believe the explanation that the mother and daughter
provide you and you encourage them to continue to
talk about the incident with each other. You decide
this is not a case of potential abuse and you do not
report this to the SCR.
|
Case #3: Sam
As Sam's teacher
and a mandated reporter, do you have reason to suspect
that Sam may be the victim of both neglect and abuse
in his home?
Sam is often not dressed appropriately
for the weather. He is teased by his classmates, largely
for his nervousness, anxiety and poor eye contact.
His injured ankle has not been treated even though
you sent a note home almost two weeks ago.
You decide that you do indeed
suspect neglect and possible abuse. You talk to your
principal about making a report for neglect and request
that the family be evaluated for possible abuse as
well.
|
Case #4: Alicia and Martin
As the visiting nurse you recognize the obvious signs
of neglect in the Alicia and the signs of abuse and
neglect in Martin. You call the SCR and discuss the
immediacy of the need for safety and services (ie.
This is the first time you have been in the house
in 6 weeks; there is a history of cocaine use; Alicia
has lost a significant amount of weight and there
is no formula or food in the house; Martin has been
abused multiple times and is fearful of adults). You
request that immediate action be taken; it is your
belief that the children are not safe in the home
at this time.
|
Case #5: Tisha
As the family nurse practitioner in the primary care
practice, you must report Tisha to the SCR. In a child
as young as Tisha, only 5 years old, a positive lab
test for syphilis is a strong indication that the
child is being sexually abused. You report the positive
result to Tisha's mother, who becomes tearful and
angry and agrees to cooperate with the report, because
she fears that Tisha has been sexually abused and
is very upset that she has not been able to keep her
daughter safe. She wants to find out how this could
have happened.
|
Case #6: Leah and Tisha
Does the clinical social worker have a legal obligation
to report what the patient, Leah, has told her? The
clinical social worker hasn't been treating Tisha,
rather it is Leah who is her patient. Is the social
worker required to make a report to the State Central
Register? Yes. As stated previously, mandated reporter
must report when s/he has reasonable cause to suspect
that a child is abused or maltreated where the parent
or personal legally responsible for the child comes
before them in her/his professional or official capacity
and states from personal knowledge facts, conditions
or circumstances which, if correct, would render the
child abused or maltreated. The therapist is in contact
with Leah because Leah has sought out the professional's
services. Leah lives in the home with her husband
and with Tisha. If what Leah saw was true, then it
is reasonable to suspect that abuse may be occurring.
The clinical social worker
may want to work with Leah, to assist her to make
the report, but this does not take the place of the
requirement for the clinical social worker, as a mandated
reporter to report her suspicions of sexual abuse.
|
Case #7: Marcus, Amber and
Isaiah
The school nurse meets with the teachers of the Shaw
children, requesting their perspectives on whether
or not the Shaw children are neglected. She learns
that they rarely miss school. Amber and Isaiah are
average students, but Marcus is in gifted classes.
There has never been any suspicion on the part of
the teachers that there may be any abuse in the family.
Given what the Shaw children have told the nurse,
as well as the teachers' reports, the nurse decides
to refer the Shaw children for the school breakfast
and lunch programs, seeing this as a financial issue,
not a case of neglect. The nurse does not report the
Shaw children to the SCR, but refers them and their
family to the social service office for other potential
entitlements.
|
Case #8: Tim
As the nurse for this residential treatment center
and a mandated reporter, Jean knows that she has a
legal obligation report her suspicions of child abuse.
This legal requirement overrides any loyalty she may
feel towards her employer. She also recognizes that
reporting may put her job in jeopardy, since the employer
has "investigated" and does not believe the allegations
of abuse. Given what Tim has told her, the bloody
underwear, and her own discomfort/suspicions when
observing staff/client interactions, Jean knows that
she has a legal responsibility to report. Ethically
and professionally, she also recognizes that she must
report, despite whatever ramifications there may be
from her employer.
Despite the internal investigation
that was conducted by the employer, Jean still has
a legal responsibility to report her suspicion of
sexual abuse. Additionally, the 2007 changes to the
child abuse reporting laws also protect the mandated
reporter from retaliation for reporting from the employing
agency.
|
Continue on to
|
|
|
|
|