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According to the federal government, child protection agencies throughout the United States receive over 50,000 reports of child abuse and neglect annually. The effects of child abuse can last a long time after the abuse or neglect is stopped. The effects can occur immediately after the abuse or surface later in the victim's life. The National Clearinghouse on Child Abuse and Neglect Information reports that the effects of abuse can range from minor physical injuries, low self-esteem, attention disorders, and poor peer relations to severe brain damage, extremely violent behavior, and death.
Federal Child Abuse Prevention and Treatment Act
In 1974, Congress passed the Federal Child Abuse Prevention and Treatment Act (CAPTA). Since its passage, all 50 states have passed laws mandating the reporting of child abuse and neglect. While each state's law differs, all have designated "mandated reporters." These mandated reporters, who have a special relationship with the child or the child's home, are legally required to report if they know of or have "reasonable suspicion" of child abuse and neglect, encountered in the scope of their employment. In every state, health care providers are mandated reporters.
CAPTA requires that each state, in order to receive certain federal funding, include the following minimum definitions for child abuse or neglect and sexual abuse:
- Child abuse is any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse or exploitation, or an act or failure to act which presents an imminent risk of serious harm.
- Sexual abuse is the employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or assist any other person to engage in, any sexually explicit conduct or any simulation of such conduct for the purpose of producing any visual depiction of such conduct; or rape, and in cases of caretaker or inter-familial relationships, statutory rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children.
The Role of Health Care Provider
Health care providers that have a reasonable suspicion that a child is being abused or neglected are required to report the abuse to the state child protection service agency. Once the report is made, the child protection agency will decide whether to conduct an investigation. In 43 states and the District of Columbia, health care providers who fail to report suspected abuse can be prosecuted.
In addition to reporting suspected cases of child abuse, health care providers can play an important role in the child protection system. Health care providers can provide treatment for the physical and emotional effects of the abuse. Also, they can provide expert testimony in child protection judicial proceedings, train others regarding the medical aspects of child abuse and neglect, and identify families at risk of child maltreatment and refer them to available services.
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