Monday, July 20, 2009

Mandatory Reporter Paper (review)

Ahoy hoy,
This is my paper review for the law roudntable in Dr. V's 5311 class. If you are tagged it is because you are either in my credential program or else are on the teacher track as well. Feedback is okay.
If it seems a little long for the roundtable assignment... I think you are correct.
BTW pastors are also mandatory reporters.
p.s. team 50 don't forget the cover page.
....

Roundtable 1











Law Roundtable- Mandated Reporting
Sabina Nizami
Michael Gardner




TED 5311
Dr. Bette Vervais
July 16, 2009 In American it is estimated that one in four children are victims of abuse. This can be physical, sexual and emotional, but it all has long lasting, and even generational, effect. As teachers we have a special role on the lives of our students, spending more hours during a week with the child than any other adult. Students will look up to, trust and depend on us. This creates a responsibility which we can not morally abandon. But as teachers there are also legal requirements and protections concerning abuse and the reporting of abuse which we need to know. This discussion will introduce the legal standards of teachers concerning reporting observed and even suspected abuse, including our legal status as mandatory reporters, how to correctly report abuse and some signs of abuse.
As teachers we are legally classified as mandatory reporters. This means that we must report abuse and suspected abuse or else face the risk of up to six months in jail and a fine of up to a thousand dollars,# to say nothing of thee possibility of seriously endangering a child. Congress passed the Child Abuse and Neglect Reporting Act in 1974 which states:
a mandated reporter shall make a report to [the police, sheriff’s department, county probation department or county welfare department] whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment has knowledge or observes a child knows or reasonably suspected has been the victim of child abuse or neglect.#
This report is expected to be made as soon as practically possible by phone and must be followed by a formal written report within 36 hours.
Being a mandated reporter also provides legal protection form civil and criminal prosecution for reporting abuse and suspected abuse. This means that you can not be sued for reporting a reasonably possible suspicion. You also can not even be identified as the reporter unless there is a court order to that effect.
It is not necessarily expected that every mandated reporter should be an expert at diagnosing or recognizing abuse but the law defines the reasonable suspicion we must be “objectively reasonable for a person to entertain a suspicion, based on the facts that could cause a reasonable person in a like position… to suspect child abuse or neglect.”# We can list some signs but ultimately what the law requires is something like common sense, depending on your experience and training with cases of abuse.
It is natural that when the subject of child abuse is made someone’s responsibility that it would cause strong feelings that are difficult to deal with. It might even be normal to want to avoid the issue. However, even aside from our legal responsibility we should remember that the reason we choose to teach. We want to improve the lives of people when they are most receptive to help. It is a great gift to teach children to read, strengthen and expand their mind but it pales in comparison to helping preventing abuse. It is even possible to save someone’s life. We can not save everyone but we can and we must be willing to make a difference.

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