Transcript Does the Protection of Children’s Rights to Safety Require a System of Mandatory Reporting of Abuse and Neglect? An Argument.  Social.

Does the Protection of Children’s Rights to Safety Require a System of
Mandatory Reporting of Abuse and Neglect? An Argument.
 Social justice: children are vulnerable to
harm, cannot protect themselves like adults
can, and need their rights protected.
 Child abuse (physical, psychological,
sexual), and neglect causes harmful
physical, psychological and behavioral
consequences, often over the lifespan.
 Abuse and neglect causes vast economic
costs. Every year, it is estimated to cost:
 $94 billion in the USA (Fromm, 2001)
 $4.9 billion in Australia (Kids First
Foundation, 2003)
Incidence of abuse & neglect
Recent annual data shows large numbers of
substantiated cases of abuse and neglect:
 872,000 in the USA (US Dept of Health
& Human Services, 2006)
 85,237 in Canada (Trocmé et al., 2005)
 32,485 in Australia (Australian Institute
of Health & Wellbeing, 2008)
Numbers of substantiated cases are
growing. Yet, these are still only the ‘‘tip of
the iceberg’ (Sedlak et al, 1996):
Dr Donald C. Bross
Senior Lecturer, School of Law, Queensland University of Technology
Brisbane, Australia, [email protected]
Director of Education and Legal Counsel, Henry Kempe National
Center for the Prevention and Treatment of Child Abuse and Neglect,
Denver, CO, USA, [email protected]
Mandatory reporting laws
Many countries have mandatory reporting
laws. These laws require selected
professionals to report suspected child
abuse (physical, sexual and psychological)
and neglect. The professionals mandated to
report are those working frequently with
children eg teachers, nurses, doctors, police.
Aims of mandatory reporting
Mandatory reporting laws aim to use the
expertise of these professionals to increase
the discovery of cases of abuse and neglect.
Without reports by these professionals, many
cases of abuse and neglect will not come to
the attention of helping agencies.
Most child abuse and neglect is inflicted by
parents or caregivers, and other adults
known to the child. Perpetrators rarely seek
assistance, and children rarely seek
assistance for themselves.
So, mandatory reporting aims to:
 Improve the protection of children;
 Assist parents and families; and
 Minimise cost to individuals and the community
Where the laws exist, mandated reporters
(eg teachers, police, nurses) make the
majority of all substantiated reports of child
abuse and neglect:
 USA: 67.3% (2004)
 Canada: 75% (2003)
 Australia: 58.01% (2004/05)
It has been estimated that due to increased
reporting, investigation and treatment
services, annual child deaths in the USA
have fallen from 3,000-5,000 to about 1,100
(Besharov, 2005).
Mandatory reporting may in fact contribute to
declines in incidence of serious child abuse:
Neglect
50
30
20
49% Decline (1990-2004)
0
1992
1994
1996
1998
2000
2002
2004
Notifications
Total number
Substantiations
250,000
Success of mandatory reporting
Mandatory reporting seems to produce more
disclosure of cases of abuse and neglect:
Shortcomings of mandatory reporting
Despite its success, mandated reporting is not a
perfect system of case-finding. Even with the
laws, many cases evade the attention of
authorities, for reasons including:
Laws, reporter training and public education can
better define what should and should not be
reported. This may involve reassessing the
scope of the laws.
Jurisdictions with
mandatory reporting
16
Jurisdictions without
mandatory reporting
14
150,000
13.9
12
100,000
10
50,000
11.9
8
7.6
6
0
2000/01
2002/03
2004/05
2006/07
Years
Figure 1. Total number of notifications and
substantiations of child abuse and neglect in Australia
(AIHW, 2008).
Many “unwarranted reports” are not even made
by mandated reporters, but by other citizens.
The key problem is not the reports, but poorly
funded child protection services and the quality
of post-report responses. Methods of intake,
screening and assessment can improve.
Service provision needs to improve.
18
200,000
Claimed benefits from abolishing the laws are
unproven and would incur far greater loss.
Without the laws, many more cases of abuse
will not be disclosed. More children will die.
Figure 3. Substantiated physical abuse, sexual abuse,
and neglect, USA, 1990-2004 (Finkelhor & Jones, 2006).
350,000
300,000
How do we reply to the objections?
43% Decline (1992-2004)
60
1990
 Inflation of unwarranted reports, causing huge
economic waste and diverting resources from
known deserving cases;
 The laws have been extended too far: they were
originally created only for a perceived few cases
of physical abuse, not the more varied types of
abuse and neglect we now know of; and
 Unsubstantiated reports invade privacy and
harm those on whom suspicion wrongly falls.
“Unsubstantiated reports” are a poor argument
against the laws, as many of these do involve
abuse, and are prime candidates for early
intervention (Drake & Jonson-Reid, 2007).
70
10
Some critics (eg Melton, 2005) have claimed
the laws should be abandoned. The main
arguments against the laws are:
6% Decline (1992-2004)
Sexual Abuse
80
40
What do the critics say?
Most abuse and neglect occurs in the family. A
key tenet of liberal society is: the welfare of the
child within the family needs to be protected
(Mill, 1859). Reporting laws promote this goal.
Physical Abuse
90
Rate per 10,000
Why should children be protected
from abuse and neglect?
Dr Ben Mathews
4
2
2.4
2.4
England
Western
Australia
0
USA
Canada
Australia
(excl. WA)
Figure 2. Number of substantiations per 1,000 children
in jurisdictions with and without mandatory reporting.
 Reporters may not report due to feared
misdiagnosis, or low confidence in child
protection services;
 Many “unsubstantiated” cases will be abusive
but lack sufficient evidence to substantiate; and
 Many cases will simply not be perceived by, or
even made present before, a reporter.
More information
For more detailed discussion, see:
B Mathews & D Bross, ‘Mandated reporting is
still a policy with reason: Empirical evidence
and philosophical grounds’ (2008) 32(5) Child
Abuse & Neglect 511.