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Ken Hammond, USDA
Mandatory reporters of child abuse are identified
in Iowa law. The purpose of this law is to provide protection
to children by encouraging the reporting of abuse. The law
defines categories of people who must make a report of child
abuse within 24 hours when they reasonably believe a child
has suffered abuse. These mandatory reporters are professionals
who have frequent contact with children, generally in one
of six disciplines (IDHS, 2010):
- Health,
- Education,
- Child care,
- Mental health,
- Law enforcement, and
- Social workers.
As outlined in Iowa Code section 232.69, the following categories
of people are mandatory reporters when they examine, attend,
counsel, or treat a child in the scope of professional practice
or in their employment responsibilities (IDHS, 2010):
- All licensed physicians and surgeons.
- Physician assistants.
- Dentists.
- Licensed dental hygienists.
- Optometrists.
- Podiatrists.
- Chiropractors.
- Residents or interns in any of the professions
listed above.
- Registered nurses.
- Licensed practical nurses.
- Basic and advanced emergency medical care providers.
- Social workers.
- Employees or operators of a public or private health
care facility as defined in Iowa Code section 135C.1.
- Certified psychologists.
- Licensed school employees, certified paraeducators,
or holders of coaching authorizations issued under
Iowa Code section 272.31.
- Employees or operators of a licensed child care
center, registered child care home, Head Start program,
Family Development and Self-Sufficiency Grant program
under Iowa Code section 217.12, or Healthy Opportunities
for Parents to Experience Success - Healthy Families
Iowa program under Iowa Code section 135.106.
- An employee or operator of a licensed child care
center, registered child development home, Head Start
program, Family Development and Self-Sufficiency Grant
program under Iowa Code section 216A.107, or Healthy
Opportunities for Parents to Experience Success -
Healthy Families Iowa program under Iowa Code section
135.106.
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- Employees or operators of a licensed substance
abuse program or facility licensed under Iowa Code
Chapter 125.
- Employees of an institution operated by DHS listed
in Iowa Code section 218.1.
- Employees or operators of a juvenile detention or
juvenile shelter care facility approved under Iowa
Code section 232.142.
- Employees or operators of a foster care facility
licensed or approved under Iowa Code Chapter 237.
- Employees or operators of a mental health center.
- Peace officers.
- Counselors or mental health professionals.
- Employees or operators of a provider of services
to children funded under a federally approved Medicaid
home- and community-based services waiver.
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The employer or supervisor of a person who is a mandatory
reporter cannot institute any policies, work rules,
or other requirements that interfere with the person making
a report of child abuse. Clergy members are not considered
to be mandatory reporters unless they are functioning as social
workers, counselors, or another role described as a mandatory
reporter. If a member of the clergy provides counseling services
to a child, and the child discloses an abuse allegation, then
the clergy member is mandated to report as a counselor. The
counseling is provided to a child during the scope of the
reporter's profession as a counselor, not clergy (IDHS, 2010).
Why Professionals Do Not Report
Despite laws regarding the mandatory reporting of child abuse
by select professionals, often they do not report. The New
York State Office of Children and Family Services (NYS-OCFS)
(NYS-OCFS, 2005), reporting on two separate studies, a National
Incidence Study conducted during the 1980s, and a 1999 University
of Rochester study, found that professionals only reported
about half of all maltreatment incidents that they knew about.
Some of the reasons for not reporting were:
- Confusion or misunderstanding about reporting laws and
procedures;
- Lack of knowledge or awareness of warning signs/clues.
- Lack of clarity about abuse/neglect as defined in State
Law; and
- Influence of professional beliefs, values and experiences.
Confidentiality
Issues of confidentiality and privileged communication
are often areas of concern for some mandatory reporters, particularly
those in mental health and healthcare providers. Rules around
confidentiality and privileged communication are waived during
the child abuse assessment process (once a report of child
abuse becomes a case). Indeed, Iowa Code section 232.71B indicates
that the DHS may request information from any person believed
to have knowledge of a child abuse case. County attorneys,
law enforcement officers, social services agencies, and all
mandatory reporters (whether or not they made the report of
suspected abuse) are obligated to cooperate and assist with
the child abuse assessment upon the request of DHS (IDHS,
2010). This includes any privileged communication between
health practitioners, mental health professionals and their
patients and between husband and wife.
Iowa law states that the DHS shall not reveal the identity
of the reporter of child abuse in the written notification
to parents or otherwise. Only the court may require DHS to
release the reporter's name. The reporter's name could be
released during juvenile, civil or criminal court actions.
The information on the Child Abuse Registry is confidential
and can be accessed by authorized entities, agencies or individuals
specified in law (IDHS, 2010).
Liability
Iowa Code section 232.73 provides immunity from any civil
or criminal liability which might otherwise be incurred
when a person participates in good faith in (IDHS, 2010):
- making a report, photographs, or x-rays;
- performing a medically relevant test; or assisting in
an assessment of a child abuse report.
A person has the same immunity with respect to participation
in good faith in any judicial proceeding resulting from the
report or relating to the subject matter of the report. As
used in this section and section 232.77, "medically relevant
test" means a test that produces reliable results of exposure
to cocaine, heroin, amphetamine, methamphetamine, or other
illegal drugs, or their combinations or derivatives, including
a drug urine screen test (IDHS, 2010).
Failure to Report
Iowa Code section 232.75 provides for civil and criminal
sanctions for failing to report child abuse. Any person,
official, agency, or institution required by this chapter
to report a suspected case of child abuse who knowingly and
willfully fails to do so is guilty of a simple misdemeanor.
Any person, official, agency, or institution required by Iowa
Code section 232.69 to report a suspected case of child abuse
who knowingly fails to do so, or who knowingly interferes
with the making of such a report in violation of section 232.70,
is civilly liable for the damages proximately caused
by such failure or interference (IDHS, 2010).
False Reporting
The act of reporting false information regarding an
alleged act of child abuse to DHS or causing false information
to be reported, knowing that the information is false or that
the act did not occur, is classified as simple misdemeanor
under Iowa Code section 232.75, subsection 3. If DHS receives
a fourth report which identifies the same child as a victim
of child abuse and the same person as the alleged abuser or
which is from the same person, and DHS determined that the
three earlier reports were entirely false or without merit,
DHS may (IDHS, 2010):
- Determine that the report is again false or without merit
due to the report's spurious or frivolous nature;
- Terminate its assessment of the report;
- Provide information concerning the reports to the county
attorney for consideration of criminal charges.
Continue to Abuse
and Neglect/Maltreatment Have Many Presentations
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