HD47 - Child Abuse Reporting and Investigation Procedures
Executive Summary: In the last twenty years, Congress, all 50 states and the District of Columbia have enacted laws designed to protect children from abuse and neglect. All states now have mandatory reporting laws similar to Virginia's (see § 63.1-248.3, Code of Virginia). The laws of the Commonwealth specifically state that the public policy of the Commonwealth is to (i) require reports of suspected abuse or neglect in order to identify children who are abused and neglected, (ii) assure that protective services will be made available to protect the child and siblings and prevent further abuse or neglect and (iii) preserve the family by enhancing parental capacity for adequate child care (§ 63.1-248.1, Code of Virginia). The focus of the laws, regulations, policies and practices has been to protect as many children as possible. Appendix B provides a flow chart of the way in which reports and investigations are generally handled. Nationally, the number of reported cases of abuse or neglect increased more than twelve times since 1963. (*1) In Virginia during FY 88, 50,228 complaints were received by the Department, up 4.8% from the previous year. (*2) As the number of complaints has risen, so too has concern about the manner in which these complaints are reported and investigated. Much of the concern focuses on the unfounded or unsubstantiated complaints. Critics speculate that unfounded allegations of abuse are made to intimidate and ruin the reputation of others and that the CPS system is poorly equipped to handle those types of complaints. Approximately 60% of all complaints made nationally are "unfounded." In Virginia 38,886 complaints (77%) were unfounded in FY 88. Although the definition of a founded complaint varies from state to state, generally the term means that some form of maltreatment was found to have occurred or that the child is "at risk." Many complaints which are included in the unfounded category actually involve other problems, such as truancy, delinquency, typical parent-child conflicts not rising to the level of abuse or neglect, and family money management problems. (*3) Most experts agree that nationally only a few (4-10%) of the unfounded complaints are made maliciously. (*4) Some argue that false allegations of sexual abuse are being made with increasing frequency in contested divorce, support and custody actions. Whether made maliciously or not, a complaint may have a substantial impact on the life of the person who is accused of abuse or neglect. The process of investigation is such that a determination that a complaint is unfounded can be made only after a significant invasion of the suspect's privacy. Neighbors, friends and co-workers who may have been witnesses to the alleged abuse are interviewed. They may be told that the accused is suspected of one of the most heinous of crimes, child abuse. They may never be told of the outcome of the investigation. (*5) By some estimates, as many as 80% of those who are falsely accused of child abuse lose their jobs or suffer other employment problems. (*6) In a recent prosecution for alleged child sexual abuse in Lynchburg, a member of the jury noted that the accused's, "...reputation is damaged for life; no one will remember that he was acquitted in approximately 10 minutes." (*7) At the same time, child protective agencies are being sued with increasing frequency for inadequately protecting a child. (*8) Studies have shown that approximately 25% of all child fatalities attributable to abuse or neglect involve children who have previously been reported to a child protective agency. (*9) Twenty-five children died from abuse or neglect in Virginia in FY 88. The task of this joint subcommittee was to determine whether more protections can be afforded to persons who are the subjects of a report or complaint and investigation without adversely affecting the ability of the Commonwealth to protect children at risk. ______________________________________________ (*1) American Bar Association, Child Abuse & Neglect Reporting and Investigation Policy Guidelines for Decision Making, Douglas J. Besharov, 1987. (*2) Bureau of Child Welfare Services, Virginia Department of Social Services. (*3) See, Journal of Family and Culture, "The Reauthorization of the Federal Child Abuse Act: The Need to Protect Parental Rights," Douglas J. Besharov, Fall 1987; American Association for Protecting Children, "Highlights of Official Child Neglect and Abuse Reporting," 1985, Denver: American Humane Association, 1987. (*4) Policy Guidelines, at 12. (*5) See, Roth v. Iowa Department of Human Services, Iowa Sup. Ct. No. 90/87-263, 4/13/18. In a case challenging the state statutory provision allowing the central registry to retain reports on unfounded complaints for six months, the court held that reputation is not a protectable interest and therefore, the subject suffered no denial of due process. (*6) Phi Delta Kappan, Abuse in the Name of Protecting Children, Robert L. Emans, June, 1987, citing VOCAL newsletter. (*7) The News and Daily Advance, Lynchburg, Va., December 6, 1987. (*8) See, Iowa v. Hilleshiem, 305 N.W. 2d 710 (Iowa, 1981), failure to adequately investigate a substantiated injury resulting in child's death two weeks later resulted in settlement. (*9) Trial, Child Welfare Malpractice, Douglas J. Besharov, March 1984. |
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