Child Abuse

Scope and Nature

It is impossible to know how many children are victims of sexual or physical abuse, because definitions of abuse vary somewhat from state to state, a large number of incidents go unreported, and not all reported cases are investigated or substantiated. According to the National Child Abuse and Neglect Data System (NCANDS), child protective service agencies and other social service agencies received approximately 3 million referrals of child abuse or neglect in 2004. These agencies confirmed that 872,000 of these referrals involved victims of actual abuse or neglect. NCANDS data indicated that almost four out of five perpetrators were parents.

Medical experts agree that many who are sexually abused as children experience serious health consequences that can last a lifetime. Long-term injuries include anxiety, depression, impaired cognitive functions, suicidal ideations, low self-esteem, and post-traumatic stress disorder. In her book Trauma and Recovery, psychiatrist Judith Herman wrote that children who are abused by caregivers sometimes develop destructive attachments to their abusers that prevent them from reporting the abuse. In fact, when questioned about possible abuse, victims may lie to protect their abusers. In school settings, this phenomenon makes it difficult for educational authorities to investigate their suspicions of child abuse.

Child Abuse Reporting

California enacted the first child abuse reporting law in 1967. In 1974, Congress passed the Child Abuse Prevention and Treatment Act (CAPTA), establishing the National Center on Child Abuse and Neglect while providing financial incentives for states to develop programs to identify and prevent child abuse and neglect. Partly due to CAPTA, all states now have laws in place requiring certain individuals to report suspected child abuse or neglect.

Even though child abuse reporting laws differ from state to state, all of them protect child-abuse reporters from civil liability for making reports in good faith. All states provide civil or criminal penalties for persons who are mandated to report child abuse and neglect but knowingly fail to do so. Persons who are mandated reporters under these laws include health care workers, educators, and mental health professionals. In most states, child abuse reporting requirements take [Page 156]precedence over various legally recognized privileges of confidential communications. Accordingly, school counselors may be required to report suspected child abuse or neglect that they learn about in otherwise privileged conversations with clients. In every state, teachers, principals, and other school board professional employees are required to report suspicions of child abuse and neglect that they come across in the course of their professional duties.

...