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Va. legislators seek stronger child abuse reporting laws

Posted to: News Politics State Government Virginia

RICHMOND

Football coaches, day camp counselors, college professors and others who may work with children could be added to the list of people required by law to report suspicions of child abuse, and may also face new criminal penalties for failure to do so, under proposals making headway in the General Assembly.

Legislators have filed a dozen bills seeking to strengthen Virginia's child abuse reporting laws in the wake of last fall's scandal at Penn State. Some bills add people to the list of those required to report suspected abuse to social services departments. Others constrict the time frame for reporting suspected abuse and heighten the penalty for keeping quiet. And some provide civil recourse for victims of unreported abuse.

The bills' sponsors say they all have one goal: ensuring children suffering from abuse don't go unnoticed.

"These instances are not isolated to Pennsylvania," said state Sen. Chap Petersen, D-Fairfax County. "They happen in Virginia."

Three of the bills received unanimous backing in a House of Delegates committee Thursday.

And on Wednesday, the Senate Rehabilitation and Social Services Subcommittee approved a bill, cobbled together from four, requiring that doctors, teachers and others mandated to report suspected abuse do so within a day. They currently have three days.

The bill also makes failing to report suspicion of the most serious forms of abuse - rape, sodomy and object sexual penetration - a class 1 misdemeanor punishable by up to a year in jail and a $2,500 fine.

In the House, a similar proposal to require reporting within a day unanimously passed on Jan. 20. It includes a clause to protect staff members - such as an intern at a hospital or a teacher at a school - who report suspected abuse to a superior by requiring the superior to confirm they've forwarded the information to authorities.

That language in particular is important to preventing the type of communication breakdown that led to sexual abuse going unreported for so long at Penn State, said JoAnn Wilson-Harfst of the Virginia League of Social Services Executives.

"I think that goes back to Penn State, where the process or system for reporting fell apart," she said. "I think all of us out in the field have had Penn State situations."

The league also supports adding coaches of private sports teams - such as recreational soccer leagues - and employees of day camps, youth centers and recreation programs to the list of mandatory abuse reporters.

Where legislators and advocates disagree is how much time officials should have to report abuse and who should be required to do so.

Church groups and the Virginia Recreation and Park Society say people may not volunteer at church or in the community if they fear being charged with a crime if they overlook abuse. And a day may not be enough time to figure out what's going on, said Del. Lionell Spruill Sr., a Chesapeake Democrat who has raised concerns about some of the proposed time limits.

The State Council of Higher Education for Virginia has not taken a position on the bills, said spokeswoman Kirsten Nelson, but paying to train staff at colleges and universities to recognize abuse cases may prove problematic.

Old Dominion University is among those that supports the proposals, said spokeswoman Jennifer Mullen Collins.

Virginia Tech athletic director Jim Weaver said he has no problem with being added to the list of mandatory reporters. He said every university's chain of command is different, and the bills may help clarify what's expected when staff members learn of abuse.

"If that is legislated, then that will even make it easier," Weaver said. "If I'm aware of it or someone brings it to me, I'm going to report it. So, no, I have no problem being included, because if you do what's right, you never go wrong."

Pilot writer Andy Bitter and the Associated Press contributed to this report.

Kathy Adams, 804-697-1563, kathy.adams@pilotonline.com

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More mandated reporting is the wrong answer, part 2

part 2 of 3
More mandated reporting also means tens of thousands of children who were never abused will be traumatized by the investigation itself – which often includes a stripsearch looking for bruises. The medical exam required in cases of sexual abuse is even more traumatic.

To see the result of taking away all discretion and common sense, consider this case from Florida in which a mandated reporter called in a report – and sheriff’s deputies launched an investigation - when a schoolyard crush led a 12-year-old girl to kiss a 12-year-old boy: http://bit.ly/rTQOzV

Richard Wexler
Executive Director
National Coalition for Child Protection Reform
www.nccpr.org

More mandated reporting is the wrong answer, pt1

Part 1 of 3
Requiring more and more people to report anything and everything, and toughening penalties if they don’t, only guarantees that *more* children will be hurt. Most cases are far more ambiguous than a man allegedly caught in the act of raping a child in the shower – as is alleged at Penn State. Nationwide, even now, more than three-quarters of all reports alleging child abuse are false. Further expanding mandatory reporting means child abuse hotlines will be deluged with even more false reports, further overloading workers who then will have less time to find children in real danger.

Richard Wexler
Executive Director
National Coalition for Child Protection Reform
www.nccpr.org
Alexandria

They don't enforce the rules in place now

Channel 3 just ran a story about an infant beaten and killed while in foster care and actually had photos of the child at social services with bruises and split lip. The administtrator didn't seem to see a problem, stating "everything was done according to the rules."

What rules are in effect that allows a child to be beaten to death?

If the people in charge of protecting children won't do it, who is?

Class one misdemeanor

if it can be proven the administrator did not do everything according to the rules.

As for Penn State

the accused has not been found guilty. Remember Little Rascals daycare in Edenton, when innocent people were sent to prison on false charges? Those charges were beyond the bounds of belief, and we must wonder today how such a thing could have happened.

I just

don't know folks.. we all are against child abuse but there seem to be so many definitions of that term by so many people. To leave broad interpretations up to case workers and state employees is scary. I have heard of too many cases of abuse by the CPA and it's minions to feel comfortable with this legislation and the state's authority being expanded.

Even withoutt his law

Anyone that works with children must take precautions to protect themselves. Be very careful with pats on the back, hugs, an arm around the shoulder, having another adult present, etc. If you see child abuse report it, you might risk civil liability if you don't. Sounds cold but that is the way things are.
The legislature needs to step back, take a deep breath, stop posturing for headlines and think about the obvious unintended consequences.

Under current law your children can be taken away from you

for up to 45 days without a hearing. If someone makes a complaint against you, CPS will talk to your child without your consent or knowledge, they can take your child to a foster home for up to 45 days. You will not be allowed to talk to your child, or have any contact with your child. You will not be allowed to know where your child is. This is horrible not just for the parent, but even worse, for the child who is terrified throughout the ordeal. And you won't even know who or what the reason for the CPS taking your children. Right now, anyone who suspects child abuse should report it, but we don't need another reason to expand government intrusion into our private lives.

Reporting abuse or face charges...

Recently at a local superstore, standing in line at the register in front of a friend and I, was a woman with about a three year old sitting in the cart...you could clearly see that the baby was upset. A few minutes later the baby began to cry and the woman began to yell (loudly) and kept smacking the baby on the leg and arm and saying, "shut up". This went on for a few more seconds...we had enough. I distracted the woman with quiet conversation about how she was beating her child while my friend comforted the baby. Finally, a few other shoppers stepped in while the police were called. If it weren't for other witnesses, we would have been charged with "interferring". I do not agree with this law at all, for obvious reasons.

overkill

Everytime something happens these days some knucklehead comes up with a foolish "law" proposal that does not fix or help in anyway, and tends to suck up innocents in the vacume. This shoud not be legislated but belongs within the individual institutions to draw up their own internal policies on reporting or any other process.

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