|
|
My Rights > Mandatory Reporting
Mandatory Reporting
Adults should protect youth. Youth should protect each other.
Reporting is the first step.
If adults suspect that a child is being harmed, they have a responsibility to respond. If a youth suspects that a friend is being hurt, he or she should also report. Some adults have a moral responsibility and others are legally required to report suspicions of child abuse and neglect. It can be a difficult decision involving complicated facts. You should understand how reports are made and who is legally required to make them.
What is child abuse or neglect?
We must protect youth from physical or mental harm. Child abuse or neglect means the injury, sexual abuse, sexual exploitation, negligent treatment, or maltreatment of a child by any person under circumstances which indicate that the child's health, welfare, and safety is harmed. RCW 26.44.020 (12).
Parents, guardians and teachers are allowed to use reasonable discipline with their children or students. The following actions are not considered reasonable when used to correct or restrain a child: (1) throwing, kicking, burning, or cutting a child; (2) striking a child with a closed fist; (3) shaking a child under age three; (4) interfering with a child's breathing; (5) threatening a child with a deadly weapon; or (6) doing any other act that is likely to cause and which does cause bodily harm greater than transient pain or minor temporary marks. RCW 9A.16.100.
If you know someone who is doing these things to a child, you should report it.
Back to top 
How does someone report child abuse and neglect?
You can call your local field office directly or the DSHS Toll-Free number 1-866-ENDHARM (1-866-363-4276) if you suspect abuse or neglect of a child. When you call the 1-866 number, you will speak with a real person, who will connect you to the direct number to make your report or, if it is after-hours, will take the report directly. An answering service also operates seven days per week, 24 hours per day.
To directly contact a Children's Administration staff person in your community or to find a local office anywhere in the State of Washington, see the list of local Division of Children and Family Services offices at Field Offices. For more information on the June 2003 dismantling of Central Intake, go to Access Washington.
Back to top
Who should report child abuse and neglect?
Any person who suspects that a child is being harmed should report. See RCW 26.44.030.
People legally required to report child abuse or neglect are Mandatory Reporters. They include:
- Doctors
- Nurses
- Dentists
- Social service counselors/therapists
- Psychologists
- Medical examiners
- Pharmacists
- School employees (teachers, counselors,etc.)
- Day care workers
- Law enforcement officers (police)
- Corrections employees (detention staff, parole and probation counselors)
- DSHS employees (CPS Workers, welfare workers, CSO's)
- Adults living with a child suspected to have been severely abused
Adults in this list MUST call CPS if they learn that a child has possibly been abuse or neglected.
The report should be made at the first opportunity but must be within 48 hours of having reasonable cause to believe the child is being harmed. RCW 26.44.030.
To watch DSHS's Mandatory Reporting Video, go to Children's Administration and click on the video.
Back to top
What will happen following a report or child abuse or neglect?
Go to our page How the Child Welfare System
Works. See the Investigation process.
Back to top
How can the person who reports follow-up?
Following up on a report to DSHS can be difficult because of the laws of confidentiality. Legally, information obtained by DSHS cannot be shared with people outside of the case. This often includes the person who actually made the report in the first place. Agency employees are not able to give out case information to anyone. However, you can call back and ask whether a case was screened in or screened out. You may receive some information indicating whether it is being investigated but that is unlikely.
Most importantly, you should know what things must be included in a report in order to ensure follow-up in appropriate situations. Following the steps outlined above in our links will help. If you are seriously concerned that you or a friend continue to be in an unsafe situation and DSHS is not responding as you would like, you can contact the Washington State Family and Child Ombudsman's Office. However, if you ever suspect that a child is in imminent risk of abuse or neglect, call 911 and report it immediately.
For mandatory reporters, there is one exception to the confidentiality rules. This very limited exception relates to case planning for the family. The reporter can receive information about a case if the sharing of those details is necessary in order for DSHS to gather expert opinions about how the case should proceed. See WAC 388-15-029. In this situation, the mandatory reporter's records are also accessible by CPS.
Back to top
Can a reporter request confidentiality?
When making a report to Child Protective Services, you may request confidentiality. This means that you can ask the intake worker to indicate on the form that you would like to protect your identity. You will still have to provide your name, address and telephone number as required in RCW 26.44.030 (15). If you do not provide your identity to CPS, the case will only be investigated if the department believes there is a substantial risk of harm to the child, that a crime against a child is about to be committed, or if the records show that CPS has received a report of abuse concerning a member of the household within the last three years. Therefore, if you want to increase the chances that your report will be investigated you should provide the identifying information. CPS will not reveal your identity to others with one exception found in RCW 26.44.030. There is the possibility that your identity may be revealed if the case goes to court and it is necessary for you to be called as a witness. The importance of protecting the child should outweigh any concerns a potential reporter might have about protecting his or her own identity.
Back to top
|
|
