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Monday, November 21, 2011

Law - "All in Kentucky, Indiana must report abuse"

Updating several related ILB entries, Andrew Wolfson wrote a long story for the Sunday Louisville Courier Journal on the duty to report. Some quotes:

If a football coach, a teacher or, in fact, anyone in Kentucky or Indiana failed to report suspected sexual abuse of children to authorities, he or she would be breaking the law.

Unlike Pennsylvania, where coaches, doctors and other professionals are only required to report suspected abuse to their supervisor, Kentucky and Indiana mandate that such reports be made directly to police, prosecutors or Child Protective Services. * * *

Kentucky and Indiana also are among 18 states that require everyone and anyone — not just professionals who work with children — to report suspected abuse or neglect. * * *

In another case with similarities to the Penn State scandal, the Kentucky Supreme Court in 1998 reinstated charges against a teacher and counselor at Shepherdsville Middle School who informed a principal about allegations that another teacher had abused two sixth-graders — but didn’t make a report to police or state authorities.

The principal also didn’t report the allegations until a third girl was abused four months later.

Teacher Betty Allen and counselor Pamela Cook argued that, because Kentucky law requires supervisors who receive reports from employees to pass them on promptly to authorities, it would be redundant to require employees to do the same.

But Justice William Cooper wrote that, had the two women obeyed the law, the third victim “might have been spared.” He said the case represented “a perfect example” of why a report to a supervisor is insufficient.

The court also said multiple reports would show “the gravity of the situation” and give Child Protective Services workers more sources to contact during investigations.

Posted by Marcia Oddi on November 21, 2011 10:14 AM
Posted to General Law Related