Benjamin P. Mathews

Impact of a new mandatory reporting law on reporting and identification of child sexual abuse: a seven year time trend analysis

Child sexual abuse is widespread and difficult to detect. To enhance case identification, many societies have enacted mandatory reporting laws requiring designated professionals, most often police, teachers, doctors and nurses, to report suspected cases to government child welfare agencies. Little research has explored the effects of introducing a reporting law on the number of reports made, and the outcomes of those reports. This study explored the impact of a new legislative mandatory reporting duty for child sexual abuse in the State of Western Australia over seven years. We analyzed data about numbers and outcomes of reports by mandated reporters, for periods before the law (2006-2008) and after the law (2009-2012). Results indicate that the number of reports by mandated reporters of suspected child sexual abuse increased by a factor of 3.7, from an annual mean of 662 in the three year pre-law period to 2448 in the four year post-law period. The increase in the first two post-law years was contextually and statistically significant. Report numbers stabilized in 2010-2012, at one report per 210 children. The number of investigated reports increased threefold, from an annual mean of 451 in the pre-law period to 1363 in the post-law period. Significant decline in the proportion of mandated reports that were investigated in the first two post-law years suggested the new level of reporting and investigative need exceeded what was anticipated. However, a subsequent significant increase restored the pre-law proportion, suggesting systemic adaptive capacity. The number of substantiated investigations doubled, from an annual mean of 160 in the pre-law period to 327 in the post-law period, indicating twice as many sexually abused children were being identified.

Children’s Rights in India: Parents’ and Teachers’ Attitudes, Knowledge and Perceptions

Individuals’ attitudes influence their behaviour towards children, including whether children’s rights and welfare are promoted. The attitudes generally present in a society shape a culture of how children are perceived and treated. This study explored the attitudes and knowledge of 300 Indian parents and teachers regarding children’s rights, and their perceptions about whether selected rights were secured in reality. Findings revealed that most parents and teachers had positive attitudes about children’s rights, including rights to health and education, and freedom from child marriage and inappropriate work. Yet, about one quarter of participants did not think children should have the rights to freedom of expression and association. Knowledge of laws promoting children’s rights was poor. Most parents and teachers perceived a denial of seven key rights in Indian children’s lived experience. Overall, findings suggest a need to heighten awareness of children’s rights and needs, which can improve attitudes towards the treatment of children. Efforts to heighten awareness and attitudes towards children’s rights are needed across society and in key sectors to enhance children’s lived experience.

Child sexual abuse: Raising awareness and empathy is essential to promote new public health responses

Child sexual abuse is a major global public health concern, affecting one in eight children and causing massive costs including depression, unwanted pregnancy, and HIV. The gravity of this global issue is reflected by the United Nations’ new effort to respond to sexual abuse in the 2015 Sustainable Development Goals. The fundamental policy aims are to improve prevention, identification, and optimal responses to sexual abuse. As shown in our literature review, policymakers face difficult challenges because child sexual abuse is hidden, psychologically complex, and socially sensitive. This article offers new ideas for international progress. Insights about needed strategies are informed by an innovative multidisciplinary analysis of research from public health, medicine, social science, psychology, and neurology. Using an ecological model comprising individual, institutional, and societal dimensions, we propose that two preconditions for progress are the enhancement of awareness of child sexual abuse, and of empathic responses towards its victims.

Mandatory Reporting Laws: Their Origin, Nature, and Development over Time

Dozens of countries have now enacted mandatory reporting laws for child abuse and neglect in various forms, as part of a comprehensive system of child protection and welfare. In recent years, countries as diverse as Saudi Arabia and Ireland have enacted reporting laws or are in the process of doing so. Other countries such as the UK are currently considering enacting them. Even where the laws exist, debates continue about their use and effects, both for general and for specific types and extents of maltreatment. This chapter outlines the origins and provenance of the first mandatory reporting laws, discusses the nature of the laws and their place as one component of a public health approach to child maltreatment, describes major developments in the laws over time, and identifies some major empirical effects and consequences of the laws.

The battered child syndrome : changes in the law and child advocacy

The Battered Child Syndrome (BCS) was followed by laws and policies intended to improve protections for maltreated children. Medical professionals were initially very reluctant to believe that parents might abuse their own child. The BCS provided irrefutable evidence that severe physical abuse of children could occur in the child’s own home, and established clear diagnostic criteria for evaluating a child suspected of being a victim of child abuse. Dr. Kempe and his colleagues acted purposefully to conduct research on the treatment and prevention of child abuse and to advocate practices and programs that would make it difficult to ignore child abuse in the future. Among the innovations resulting from the Kempe advocacy are multidisciplinary child protection teams, reporting laws, home visitation to prevent child abuse, guardians ad litem for abused children, termination of the parent–child legal relationship in severe maltreatment cases, and the international journal,Child Abuse & Neglect.

A Theoretical Framework for Designing and Evaluating Strategies to Identify Cases of Serious Child Abuse and Neglect

While many jurisdictions have adopted mandatory reporting laws of varying dimensions, detailed consideration of their theoretical justifiability is seldom undertaken, either by those who support or oppose the laws, whether within or outside jurisdictions having the laws. Debates about the laws sometimes are not adequately informed and proceed under incorrect assumptions about the nature of the laws, without sufficient consideration being given to their theoretical justifications. In addition, consideration of theoretical bases for the laws rarely takes place in relation to different types and extents of child maltreatment. This chapter proposes a theoretical framework applicable for any society that is considering justifiable and effective policy approaches – including decisions whether or not to adopt mandatory reporting laws – to identify and respond to cases of serious child abuse and neglect. The core of the theoretical framework is based on major principles from both classical liberal political philosophy and leading political philosophers from the twentieth century and the first part of the new millennium, including John Rawls and Martha Nussbaum’s capabilities approach. The principles are also seen to be consistent with long-established fundamental principles recognised by both civil and criminal law. In addition, these principles are situated within and informed by health and economics disciplines.

Developing Countries and the Potential of Mandatory Reporting Laws to Identify Severe Child Abuse and Neglect

Child abuse and neglect affects many children, with severe and lifelong consequences. The classical forms of child abuse—physical abuse, sexual abuse, emotional abuse, and neglect—are often grouped together as if they are homogenous. Yet, some forms of abuse have different characteristics. It is, therefore, important to recognize these characteristics while considering what legal and policy frameworks are required to detect and respond to cases of abuse. Sexual abuse, e.g., is very different from neglect. This heterogeneity of characteristics suggests that some legal and policy responses will suit one form of maltreatment or abuse better than others. This is highly relevant for developing countries, which may have specific economic, social and cultural charecteristics to consider. This chapter will consider some of the key characteristics of different types of child abuse and neglect, and will explore the nature and justifiability of mandatory reporting laws, which are one of the key legal responses made to child abuse and neglect generally. Mandatory reporting laws have been created in many jurisdictions as a way of identifying cases of severe maltreatment which may otherwise remain hidden with particular reference to developing countries, the questions addressed in this chapter are as follows: first, are there some forms of maltreatment which are more suited to this legal response than others, and why? Second, what circumstances must be created, whether in a Western jurisdiction or in a developing economy, to enable this legal response to be implemented successfully?

Professionals Against Child Abuse express support for David Southall

www.thelancet.com Vol 373 June 13, 2009 2021 and cancel its international meeting” in light of the H1N1 infl uenza outbreak. In response, we are submitting this joint letter by the presidents of the ATS and the European Respiratory Society (ERS), with the unanimous support of the executive committee of the ATS and the majority consensus of the steering committee of the ERS. The ATS carefully considered the implications of holding this conference during the current infl uenza outbreak. WHO has issued a phase 5 pandemic alert, which means that the virus has caused sustained community-level outbreaks in at least two countries in one WHO region. Phase 5 does not relate to the severity or virulence of the outbreak. Our deliberations were, and continue to be, guided by the available scientifi c data. The data indicate that the severity and virulence of the H1N1 outbreak are similar to that of seasonal fl u. The ATS and ERS consulted with experts within and outside our societies and followed published guidelines on travel by government agencies, including the US Centers for Disease Control and Prevention (CDC), the European Center for Disease Control, and WHO. Travel restrictions were not, and are not, recommended by any of these agencies. In fact, according to WHO, “limiting travel and imposing travel restrictions would have very little eff ect on stopping the virus from spreading...” Furthermore, the ATS believes this conference provided an unprecedented opportunity to educate and update more than 12 000 conference participants from around the world, and we organised a late-breaker session aimed at pro viding the most up-to-date infor mation on this novel infl uenza A (H1N1). While acknowledging that “the personal health risk for conference participants is probably limited”, Nemery and colleagues imply that travel to San Diego presents a greater health risk because of its proximity to Mexico. In fact, CDC has not recommended any restrictions on travel to San Diego, or Professionals Against Child Abuse express support for David Southall

L Blackman, Representing Children and Young People: A Lawyer's Practice Guide

In this book, Lani Blackman gives lawyers practical information about representing children (those under 12) and young people (those between 12 and 18). Representing Children and Young People is a detailed practice guide organised into three parts: aspects of the lawyer/client relationship (Part 1), case management (Part 2), and aspects of specific jurisdictions criminal law, family law, care and protection, and civil and administrative law (Part 3). Clearly organised and lucidly written, this book is an invaluable resource primarily for lawyers who practice in representing children and young people, and for practitioners who regularly deal with children and young people involved in the legal system in different capacities, for example, as witnesses, as victims and as people affected by the outcome of clients’ cases. However, due to its wide range of concerns, this book is also aimed at other professionals who deal with children who have become involved in the legal system.