Mandatory Child Abuse Reporting: Understanding Your Duties

Mandatory Child Abuse Reporting: Understanding Your Duties Erik Hasselman Sr. Prosecutor Lane County District Attorney’s Office Erik.Hasselman@co.lane.or.us

Legislative Policy Statement(ORS 419B.007) • “[I]t is necessary and in the public interest to require mandatory reports and investigations of abuse of children and to encourage voluntary reports.”

What is the duty? • “When there is reasonable cause to believe that any child with whom the official comes in contact has suffered abuseor that any person with whom the official comes in contact has abused a child, [the public or private official] shall immediately report or cause a report to be made.” ORS 419B.010(1)

Note: The duty requires report of the suspected abused child or the suspected abuser.

“Child” • “An unmarried person who is under 18 years of age.” ORS 419B.005(2)

“Abuse” • Any assault of a child (physical injury) • Any physical injury caused by other than accidental means • Any injury which appears to be at variance with the explanation given of the injury

“Abuse” (cont’d) • Mental injury: Only observable and substantial impairment of the child’s mental or psychological ability to function caused by cruelty to the child

“Abuse” (cont’d) • Rape • Sodomy • Sexual Penetration • Incest • Contributing to the Sexual Delinquency of a Minor • Sexual Abuse • Using a Child in Display of Sexual Conduct

“Abuse” (cont’d) • Negligent treatment or maltreatment of a child, including failure to provide adequate: • Food • Clothing • Shelter • Medical care that is likely to endanger the health or welfare of the child.

“Abuse” (cont’d) • Threatened harm to a child • Subjecting a child to a substantial risk of harm to the child’s health or welfare • Permitting access to a meth lab • “Unlawful exposure” to drugs creating a substantial risk of harm to the child’s health or safety

Not Abuse • “[D]oes not include reasonable discipline unless the discipline results in one of the conditions described [above].”

Who has the duty? • “Public or private official” ORS 419B.005(3) • Doctors, physician assistants, naturopaths, dentists, RNs, LPNs, optometrists, chiropractors, pharmacists; • Peace officers, firefighters, EMTs; • DHS, OHA, OYA, ELD, juvenile departments; • Attorneys, members of the State Legislature; • School employees (including higher education); • Clergy • Psychologists, licensed counselors, therapists; • CASAs, child care providers, foster parents; • Physical, occupational, speech therapists, audiologists

How does one report? • “A person making a report of child abuse, whether the report is made voluntarily or is required by ORS 419B.010, shall make an oral report by telephone or otherwise to the local office of the Department of Human Services, to the designee of the department or to a law enforcement agency within the county where the person making the report is located at the time of the contact.” ORS 419B.015

What information should be included in the report? • The report shall contain, if known: • The names and addresses of the child and parents; • The names and addresses of care providers; • The child’s age; • The nature and extent of the abuse (including any evidence of previous abuse and the explanation given for the abuse); and • Any other information that the person making the report believes might be helpful in establishing the cause of the abuse and the identity of the perpetrator.

Is there a conflict with Attorney-Client privilege? • “An attorney is not required to make a report under this section by reason of information communicated to the attorney in the course of representing a client if disclosure of the information would be detrimental to the client.” ORS 419B.010(1)

Consequences for Not Reporting? • Failure to report as required is a Class A violation, carrying up to $2000 fine. ORS 419B.010(5) and 153.018 Statute of limitations is 18 months.

Consequence for Reporting? • Reporting, if done in “good faith,” results in immunity from liability (both civil and criminal). ORS 419B.025

Mandatory Child Abuse Reporting: Understanding Your Duties