Mandated Reporting

It is not uncommon for children to sustain cuts, scratches and other physical wounds as a result of a physical altercation with another child. These kinds of “mutual affray” situations do not constitute child abuse and do not trigger a mandated report. 19 However, a mandated report may be triggered in instances of non-mutual physical assault by one or more children. 2. R ED F LAGS : P HYSICAL A BUSE Because children often naturally sustain bumps and bruises in the normal course of childhood activities and play, it is important not to overreact. Ask yourself: Is this an unusual injury for a child of this age (e.g. fracture in a toddler)? Is this an injury that needs medical attention? Is this an injury that is a result of a medical condition that is not being addressed? Is this an injury without an explanation, or with an inconsistent explanation, or an explanation that does not comport with a diagnosis? Finally, consider a child’s demeanor. As someone with frequent contact with children, a mandated reporter may be in the best position to observe changes in behavior. Watch for drastic changes in mood or behavior. Watch for excessively aggressive behavior, violent tendencies, cruelty to other children or animals, visible depression, and expressed suicidal or homicidal ideations. Be aware, however, that there can be many reasons a child’s behavior changes, such as divorce, an argument with a friend, or a death in the family. Not every change in behavior is a sign of abuse or neglect. 20 1. W HAT I S S EXUAL A BUSE ? Sexual abuse includes sexual assault and sexual exploitation. 21 Sexual assault is generally defined as forcible rape, sodomy, incest, child molestation, and lewd and lascivious conduct. 22 It includes any oral, anal, or genital intercourse, exposing oneself to a child, or exposing a child to a sex act. Intentional touching of “intimate parts,” or the clothing covering them, for the purpose of sexual arousal or gratification, is also sexual abuse. 23 It does not include normal caretaker responsibilities, such as bathing a child, demonstrations of affection, or valid medical procedures. 24 Sexual exploitation of a child includes depicting a minor engaged in obscene acts (e.g., the making, selling or distributing of child pornography) or knowing involvement in child prostitution (e.g., sex trafficking). 25 2. D UTY T O R EPORT S EXUAL A BUSE B Y A M INOR AND / OR P EER Under certain circumstances, mandated reporters are required to make mandated reports based on sexual conduct between minors. Where consensual sexual conduct is between minors, it is not considered child abuse if: B. S EXUAL A BUSE AND / OR E XPLOITATION

Mandated Reporting ©2020 Liebert Cassidy Whitmore 9