Mandated Reporting

Neglect does not include sporadic occasions where a child appears very dirty or seems to be without food. Neither is a parent or guardian neglectful simply because they do not have the means to provide a child with adequate food and medical care, i.e. live in poverty. Furthermore, the fact that a child is homeless or an unaccompanied minor is not, in and of itself, a sufficient basis for reporting that child as neglected or abused. 33

2. R ED F LAGS : C HILD N EGLECT 34

a red flag that a child’s needs are not being met. Unattended medical problems can also raise a red flag of child neglect. However, if a child is not receiving medical care for religious reasons, that reason alone shall not constitute neglect. 35

D. W HAT A BOUT M ENTAL S UFFERING ?

Child abuse includes psychological injuries that rise to the level of "unjustifiable mental suffering" and must be reported. 36 The Legislature mandates the reporting of "unjustifiable mental suffering" inflicted under conditions where great physical harm or death is likely. 37 Therefore, if a mandated reporter knows or suspects that a child is being subjected to psychological or emotional suffering and that the child is likely to harm him or herself, it must be reported. Reportable mental suffering may also cover situations where another student is bullying a child (not necessarily physically) to such a degree that the mandated reporter fears for the physical well-being of the child. "Mental suffering" or emotional abuse that does not rise to the level of “unjustifiable mental suffering” may, rather than must, be reported. 38 Thus, when a mandated reporter knows or suspects that mental suffering has been inflicted on a child, or that the child’s emotional well-being has been significantly endangered, the mandated reporter may, rather than must make a report. A mandated reporter may also report any suspicion that the child is suffering from serious emotional damage, severe anxiety, depression, withdrawal, or untoward aggressive behavior toward his or her self or others. 39 Children may also suffer emotional abuse when witnessing abuse. However, when a child witnesses or is present during an act of domestic violence committed by a member of the household or relative of the victim or minor, or if the defendant or victim is a parent or foster parent of a minor, it is not a separate act of child abuse or neglect. Instead, it will be considered a circumstance in aggravation for sentencing. 40 These situations may result in civil and criminal liability, including jail time for the abuser. 41

Mandated Reporting ©2020 Liebert Cassidy Whitmore 13