Child Abuse Identification and Reporting:
Iowa Training for Mandatory Reporters

Who Are the Mandatory Reporters?


Introduction

Who Are the Mandated Reporters?

Abuse and Neglect/
Maltreatment Have Many Presentations

The Disturbing Statistics

Legal Definitions Related to Child Maltreatment

Recognizing Child Abuse

Risk Factors Contributing to Child Abuse and Maltreatment

Protective Factors for Child Abuse and Maltreatment

The Consequences of Child Abuse

Perpetrators of Child Abuse

Dos and Don'ts Regarding Talking with Children about Possible Abuse or Maltreatment

Reporting Child Abuse and Maltreatment

After the Assessment Process

Child Abuse Prevention Services

Safe Haven for Newborns--Overview of the Safe Haven Act

Conclusion

References

Resources

Take Test

Exit to Menu





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, 2005):

  • 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, 2005):

  • 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.
  • 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.

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, 2005).

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, 2005).

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, 2005).

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, 2005):

  • 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, 2005).

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, 2005).

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, 2005):

  • 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.


Ken Hammond, USDA

Continue to Abuse and Neglect/Maltreatment Have Many Presentations