MANDATED REPORTING OF CHILD ABUSE AND NEGLECTWHY MUST CHILD ABUSE AND NEGLECT BE REPORTED?
According to the Child Protective Service (CPS) Investigation Standards, their beliefs are: 1) All children deserve safety and a basic level of care. Public agencies have a responsibility to conduct thorough investigations in response to reports. 2) CPS is a social service intervention. The primary function of investigation is to identify families who require support and services to assure child safety and care. 3) When a child has been maltreated by an individual outside of the family, CPS should act as collaborators with and consultants to the parents.
WHAT MUST BE REPORTED?
Child abuse is defined as any physical injury inflicted on a child by other than accidental means; sexual intercourse or sexual contact with a child; sexual exploitation of a child; permitting, allowing or encouraging a child to be involved in prostitution; emotional damage inflicted on a child; or forcing a child to view sexually explicit activity.
Neglect is defined as failure, refusal or inability on the part of a parent, legal guardian, legal custodian or other person exercising temporary or permanent control over a child for reasons other than poverty, to provide necessary care, food, clothing medical/dental care, and/or shelter to the child.
According to the law, specific professionals are mandated to report child abuse and neglect. The reporter must do so if they have reason to believe that a child seen in the course of their professional duties has been abused, or neglected or threatened with abuse or neglect and the person has reason to believe the threats will be carried out. Every instance of child abuse or neglect must be reported no matter when it happened or where it happened.
WHO MUST REPORT?
Wisconsin is considered quite progressive with regard to laws requiring professionals to report suspected child abuse or neglect. Sec. 48.981 (2), Wis. Stats., lists the many different professionals who are mandated reporters. Included among this list are the following:
social workers
marriage and family therapists
school teachers/administrators
physician/nurse
professional counselors
administrators of social service agencies
childcare provider, in or out of the child’s home
law enforcement officer having reasonable cause to suspect
physical therapist
Although, the law does not specifically list sexual assault program workers as mandated reporters, it is widely understood that such programs are intended to be mandated reporters.
In some programs, employees are told to report any suspected child abuse or neglect to a particular staff person. This staff person has the responsibility of contacting the local social services department or local law enforcement agency, as required by law. In other programs, workers are told to inform a client who gives information about child abuse or neglect that the program will notify social services and it would be best if the client reported the incident(s) before the program does so. The program gives the client a certain length of time in which to make the report and then contacts social services with the information.
WHAT HAPPENS AFTER A REPORT IS MADE?
Within 24 hours after receiving a report of abuse or neglect, the county CPS shall initiate an investigation to determine if the child is in need of protection or services. Elements of the investigation may include observation or interview with the child, visiting the child's home, or interviewing the parents/guardian. CPS can meet with the child in any place without the parent/guardian's permission, but may not enter the home without permission.
Source: WCASA's Sexual Assault Legal Advocate Manual, 1994, Chapter 48.981 of the Wisconsin Statutes, and Child Protective Service Investigation Standards, Dept. of Health and Social Services
This information sheet was created in 1997 by the Wisconsin Coalition Against Sexual Assault (WCASA). WCASA is a membership organization of sexual assault centers and other organizations and individuals throughout Wisconsin who are working to end sexual violence. For information sheets on additional topics or for membership information, contact WCASA, 123 E. Main St., Madison, WI 53703, (608) 257-1516. For more information about sexual assault or to receive support around a sexual assault experience, contact your local sexual assault program. This sheet may be reproduced.
