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Friday, November 11, 2011

Law - "Penn State scandal spotlights debate over who must report abuse"

Chicago Tribune reporter John Keilman's story today reports:

The scandal engulfing Penn State University has highlighted the murky legal area of "mandated reporters," people who are bound by law to alert authorities to suspected child abuse.

Illinois law features a long list of people who must notify the Department of Children and Family Services if they suspect that a child has been abused or neglected, including doctors, coroners, social workers, police officers, foster parents and members of the clergy.

The law also specifies "school personnel" as mandated reporters, and DCFS spokesman Jimmie Whitelow said Thursday that the department interprets that to include employees of colleges and universities. * * *

[But the] muddled understanding of the law's application on Illinois college campuses mirrors the situation in Pennsylvania, where it's still unclear whether former head football coach Joe Paterno and other Penn State officials were legally obliged to report allegations of sexual abuse.

ILB: What about Indiana?

An entire article of the Indiana Code, IC 31-33, deals with reporting and investigation of child abuse and neglect. And IC 31-33-5 is a chapter specifically relating to the duty to report child abuse and neglect. IC 31-33-5-1 requires:

In addition to any other duty to report arising under this article, an individual who has reason to believe that a child is a victim of child abuse or neglect shall make a report as required by this article.
This 2010 survey of state reporting requirements lists Indiana as one of "16 States and Puerto Rico [that] specify certain professionals who must report but also require all persons to report suspected abuse or neglect, regardless of profession."

Finally, the Indiana Department of Child Services (DCS) has "established the Indiana Child Abuse and Neglect Hotline (Hotline) to ensure consistent handling of calls alleging child abuse and neglect."

Posted by Marcia Oddi on November 11, 2011 02:10 PM
Posted to General Law Related