"Allegations of Child Abuse"
Winter 2001 Version Revised in Spring 2002
Fred is a clinical social worker who specializes in child and adolescent services. He has been seeing 8 year old Karen in treatment for symptoms of dysthymia related to her parents’ bitter divorce.
After Karen’s fourth play therapy session with Fred, the mother alleged that the father had abused Karen during a visit with him two days earlier. Fred was surprised to hear this because he had not observed any obvious signs of physical abuse in the therapy session nor did Karen display any signs of trauma or emotional abuse in therapy. Fred was not sure what his next steps should be.
All fifty states mandate the reporting of child abuse. Moreover, social workers can be held liable for failing to report abuse. However, assessment and intervention with a child suspected to be a victim of abuse requires special skills and knowledge. In order to serve clients with skill and avoid the liability risks involved, social workers in private practice should seek special training in this area.
Child abuse laws vary by state; however, all are based on the 1974 Child Abuse Prevention and Treatment Act and the 1984 amendments to that act. All states (l) define reportable child abuse, (2) set criteria and guidelines for mandatory reporting, (3) provide incentives to report such as immunity from prosecution for reports made in good faith, and (4) stipulate penalties for failure to report such as fines, jail sentences, or civil lawsuits.
The circumstances required to make a child abuse report vary in each state. Most child abuse laws do not specify a degree of certainty that the abuse has or will occur. Some state laws specify that a report is warranted based on observation of a parent or child’s behavior. Other states mandate reporting when the signs, symptoms, or effects of child abuse are visible. Still other states mandate reporting based on hearsay or reasonable suspicion.
In all 50 states, social workers are among those required to report suspected child abuse. Some states require any person suspecting abuse to make a report. State laws provide immunity from civil and criminal liability for those who report in good faith. If child abuse is suspected or observed, confidentiality of client information related to a report is waived by law and the NASW Code of Ethics. However, issues may arise over the amount of information provided or purpose for its release. In many states, immunity defense may be raised by a social worker who is sued after filing a report in good faith.
All states provide penalties for failure to report, and many specify that failure to report must be knowing and willfull. Professional regulatory laws may also provide for disciplinary action. Failure to follow a statute establishes the grounds for providing substandard care and may constitute malpractice.
Social workers in private practice may frequently be involved with situations involving allegations of child abuse. When working with such cases, the social worker should:
- Obtain specialized training to improve his or her skills in the assessment and intervention of child abuse.
- Be familiar with his or her state statutes regarding child abuse and follow them in addressing the alleged abuse allegations.
- Contact the Child Protection Agency in the local community to report concerns and allegations.
- Document allegations and evidence in the client’s chart, including steps taken to address the problem.
- Document consultation and any ongoing training received in this area.
- Keep up-to-date with state statutes on child abuse and maintain a copy in the office.
Available for social workers through NASW is a valuable General Counsel Law Note, “Social Workers and Child Abuse Reporting: A Review of State Mandatory Reporting Requirements.” To purchase a copy, see nasw.dc.lds.org. or contact the NASW General Counsel Office at 202-336-8290.
Margaret A. Bogie, MHSA, Insurance Consultant, is a contributing writer and Mirean Coleman, LICSW, Senior Staff Associate at NASW, is a contributing editor to this series for the NASW Insurance Trust. The names and case examples used in Practice Pointers articles are completely fictitious, and any resemblance to persons living or dead is purely coincidental. Questions about this article should be directed to NASW via blawrenc@naswdc.org.
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