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Running head: MANDATORY REPORTING FOR CHILD ABUSE AND NEGLECT MANDATORY REPORTING FOR CHILD ABUSE AND NEGLECT Name of the University: Name of the Student: Author Note:
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1 MANDATORY REPORTING FOR CHILD ABUSE AND NEGLECT Mandatory reporting is one of the legislative requirement for some particular class of public who has to report to any of the government authorities regarding child abuse and neglect. This term has used to narrate the requirements of the law for child abusing. The several Parliaments of the Australian regions have enacted this mandatory reporting legislation of some extent. These rules have differed according to their jurisdictions in all over Australia. The various types of abuses and neglect of a child have varied to those states and territories in Australia. There also have some other variations concerning the state of mind to report the child- abusing and the object of saying. The subject matter regarding the abuses may differ in regions such as sexual abuse, physical abuse, emotional abuse and neglect of a child (Mathews, 2014). Section 27 of the Children and Young Persons (Care and Protection) Act, 1998 has discussed the mandatory reporting. This section has applied on a person who in the course of his employment, such as in health care, education, residential services, service of children or who holds some duties and responsibilities in an organisation (Lynne et al., 2015). That person holds a function to inform the Secretary as early as possible if he suspects that the child is at risk. This paper has focused on the mandatory reporting of child-abusing and neglect in Australia. From birth, every child is considered to be a citizen, and they enjoy civil, social, economicrights.Everychildareuniqueandpossessesdifferentstrengths,interestsand capabilities, recognising those characteristics are essential. A child’s well being is of utmost importance, and taking responsibility for the same is considered to be a code of ethics (Francis & Dugger, 2014). Allowing the children to play is also essential for their well being, growth and development. Providing proper education to the children is another code of ethics, which is tremendously necessary for their social development and future. The conditions of vulnerable
2 MANDATORY REPORTING FOR CHILD ABUSE AND NEGLECT parents and children are needed to be understood (Lonne et al., 2015). However, at times the protection of confidentiality of victim many times delays the whole procedure and the voice of the victim goes unheard (Lonne & Parton, 2014). Protecting children against any abuse is also considered to be an ethical code. There should be equity among children, and no child should be treated differently. The essential principles of the mandatory report include reporting any incident of abuse or neglect of any child. It also includes reporting all the facts and details regarding the suspicion or event of such occurrence. Not only the mandatory reporter but also any person who is the witness of the child abuse suggested reporting any such incidents (Mathews & Bross, 2015). That abuse includes all forms of violence, including mental illness, physical illness, or even neglect, where a child is neglected and not given enough care and attention that he/she deserves and needs. In the mentioned case, a community worker has been working on the ground of child- abusing and neglecting. He has a professional relationship with a client and a relation between the client’s family and the community.Assuming myself as a community worker, I have found that my client has been neglecting his 13 years old child. I was in a dilemma that should I report it to the office or not. However, the client has violated the principle of child protection and that can be harmful to the development of that child. As a mandatory reporter or professional worker, I have to maintain the code of ethics concerning the incidence of mandatory reporting, which has fulfilled by me.There are several Rules and legislations which regarding mandatory reporting concerning child abuse and neglect, which I have to obey such as Children and Young Persons (CareandProtection)Act1998,theChildren’sAmendmentActof2007,Childrenand CommunityServicesRegulations2006,UnitedNations(UN)Convention,Childrenand
3 MANDATORY REPORTING FOR CHILD ABUSE AND NEGLECT Community Services Act 2004 and many others. This essay aims to analyse the significance of mandatory reporting on child-abusing and neglect. In the given case, I would suggest the client be more responsible towards the child. A 13- year-old teen needs a lot of attention and neglecting the child in this crucial time will hugely impact on his mental health. The client needs to attend to the child, ignoring him/her will traumatise him/her for the rest of the child’s life. Here, I will report the case to the Department of Child Protection and Family Supports with information and proof for suspicion of the same. A Mandatory Report will be submitted, and the Department will further guide as to what needs to be done. I have to interact and consult with the client and guide him about resolving the issue. I will have to interact with the family of the child and guide them as to their mistakes to prevent the future occurrences of these mishaps. Teenage is a developing time in a child’s life, and if he/she does not get the attention and care of the family, then they might get distracted towards negativity. They might choose the wrong paths and seek the care and attention from the wrong people. However, the privacy of the family, as well as the child, must be maintained so as not to draw unwanted attention and ruin the situation to a greater extent. Here, a child of 13 years is neglected by his father. This action is in clear violation of the rights of the child. The parents must attend and care for their child. Neglecting a child might affect his/her mental condition and get psychologically traumatised. The teenage of a child is very crucial for their development, neglecting a child in that period might lead to the child being involved in other ill practices (Goldman & Grimbeek, 2014). Children are the future of society and their well being is necessary for the growth and development of the community. Any form of abuse or neglect, intended towards children will affect the nation in the long run, their development and well-
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4 MANDATORY REPORTING FOR CHILD ABUSE AND NEGLECT being is a must. In this case, a mandatory report is to be made to the Department of Child Protection and Family Supports and the family of the child are to be guided appropriately as to make them understand the mistakes they are doing. The health of the child is the primary concern, and he/she should not be subjected to any harm (MLC et al., 2014). Hopefully, after realising the mistake, they are going to follow the necessary steps for the welfare of their child and never repeat the same mistake again. The course of action, in this case, is to maintain child welfare and protect the child from any abusing such as sexual or mental and neglect form his family or the community. Article 19 of the United Nations (UN) Convention compels its signatory states to take all the necessary steps for the welfare of the child (Hendricks, 2014). It includes social, moral educational development of the child. The UN also makes it necessary to protect the child from all sorts of tortures and abuses, including all physical as well as mental pains. Article 19(2) lays down the procedures and guidelines relating to the identification, reporting along with investigation and treatment for child abuse. South African Legislation, in Section 28(1)(d) of its Constitution specifies that every child should be protected from every kind of abuse, neglect, maltreatment or discrimination (Hendricks, 2014). The Children’s Amendment Act of 2007 (w.e.f 2010) has also upheld the rules of the United Nations Conventions regarding the protection of children. In the United States CAPTA Reauthorization Act, 2010, protects children against abuse under The Federal Child Abuse Prevention and Treatment Act (CAPTA) and its amendment. Under this Act, an individual under the age of 18 is considered to be a child, and any abuse be it, physical or mental against him/her or any neglect which includes failing to meet the necessity of the child is considered to be a crime. Separate states specify separate conditions of punishment. Children are
5 MANDATORY REPORTING FOR CHILD ABUSE AND NEGLECT taken into protective custody if found to be abused or neglected. They have specific laws for discrimination against children as well (Lanier et al., 2014). Section 27The Children and Community Services Amendment (Reporting Sexual Abuse of Children) Act, 2008 which is to become a part of the Children and Community Services Act, 2004 acts as the legislation that controls and guides the mandatory reporting of child sexual abuse in Western Australia. It suggests the legislative requirements necessary for such reporting and that it is the responsibility of every individual to support and protect the children (Oates, 2019). Individuals such as medical practitioners, nurses, therapists, psychological expert, dental expert other health professionals working as sole, private or public organizations, along with social workers, psychologists, teachers, counsellors, refuge workers, child care workers, police officials are all considered as mandatory reporters (Mathews, Lee & Norman, 2016). The main purpose, for this reason, is to protect the rights of the children who are unable to defend themselves. This report must include all the facts and information known about the abuse or neglect of the child. The report must also include all the actions taken to assist the situation. However, it is also guided that, even if an individual is not a mandatory reporter and not legally compelled to report such cases, yet he/she must report any doubt or suspicion towards child abuse or neglect to the proper authorities (Mathews,2014).TheChildrenandCommunityServicesAct,2004andChildrenand Community Services Regulations, 2006 deals with issues relating to child sexual abuse, and neglect (Ccyp.wa.gov.au. 2019). The main objective of these Acts is to encourage the well-being of children, protecting them from exploitation and abuse and also protecting them in situations, when the parents do not or are unable to protect their children. The main guidelines relating to the rights of a child include the right to life, survival as well as the power to development, right
6 MANDATORY REPORTING FOR CHILD ABUSE AND NEGLECT to participate, right to non-discrimination. The child must be kept healthy, safe, happy and educated. Every child has the right to enjoy the basic amenities of life, which include food, water, shelter, clothing, health care (Phillips, 2016). They must have the opportunity to enjoy education. They must be cared for and treated well by their respective parents or guardians. They should enjoy life without harm and torture from any person. The most chosen actions ensure the safety and wellbeing of the child includes the following steps. Firstly the community worker or the professional should observe and record the date and other relevant information. Secondly, he should consult colleagues and take advice from colleagues and supervisors and also he should compare the notes with possible brainstorm strategies. Thirdly, the community health services, family support services, local authority services exercising child protection, Department of Health and Human Services should be engaged and collaborate with to take support and advice about child care and protection. Fourthly another responsive action would be directly talking to the child for maintaining confidentiality and privacy. The mandated reporter is legally bound to make a report to the Child Protection Authority and report should be made as soon as practicable. The mandatory reporter should make a report in good faith which does not constitute him to breach of professional ethics or contravene the provision relating to confidentiality in the legislation governing health and mental health services or address the person to any liability. The community worker must understand the condition of the victim by interacting with them and then reporting the situation to the Department of Child Protection and Family Supports (Mathews et al., 2017). However, the way of interacting with children is challenging than interacting with an adult. Children are delicate and fragile; they must be handled with the utmost care and precaution, especially in a
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7 MANDATORY REPORTING FOR CHILD ABUSE AND NEGLECT tricky situation when they are victim to some abuse or neglect. They must be treated with the utmost care so that their mental and psychological conditions are not harmed further (Moore et al., 2015). The Department of Child Protection and Family Supports, also decide on the steps that are to follow the investigations and reporting of such incidents. The whole Community workers idea has worked beautifully throughout the years, with more people showing their interest in this work. Specifically, the young generation of Western Australia has helped a lot with the proper upliftment against child abuse and neglect. Writing reports, joining organisations to help the children in need, taking legal measures, forming collaborative agencies assist in the development of the victims have all been part of such development. From this discussion, it can be concluded that a child should be given proper protection against any sorts of abuse or neglect, and the government of Western Australia has specific laid rules and legal procedures regarding this matter. The method of Mandatory Reporting provides that if there is a possibility or reasonable doubt that there is any form of abuse or neglect on a child, it is to be reported to the Department of Child Protection and Family Supports. The report doesn't need to be made by a mandatory reporter, any person having reasonable cause for belief that such occurrences are taking place might report the action. However, the privacy of the child and the family should not be affected due to these procedures. The primary purpose of the proceedings is to protect the mental and psychological condition of the child. The discussion also focuses on the legislative authority and other legal aspects, along with the ethical codes that are to be maintained while dealing with such events.
8 MANDATORY REPORTING FOR CHILD ABUSE AND NEGLECT References: Ccyp.wa.gov.au. (2019). Child protection | Commissioner for Children and Young People WA. Retrieved fromhttps://www.ccyp.wa.gov.au/our-work/resources/child-protection/ Francis, P. C., & Dugger, S. M. (2014). Professionalism, ethics, and value‐based conflicts in counseling:Anintroductiontothespecialsection.JournalofCounseling& Development,92(2), 131-134. Goldman,J.D.,&Grimbeek,P.(2014).Childsexualabuseandmandatoryreporting intervention preservice content preferred by student teachers.Journal of Child Sexual Abuse,23(1), 1-16. Hendricks, M. L. (2014). Mandatory reporting of child abuse in South Africa: Legislation explored.SAMJ: South African Medical Journal,104(8), 550-552. Lanier, P., Maguire-Jack, K., Walsh, T., Drake, B., & Hubel, G. (2014). Race and ethnic differencesinearlychildhoodmaltreatmentintheUnitedStates.Journalof Developmental & Behavioral Pediatrics,35(7), 419-426. Lonne, B., & Parton, N. (2014). Portrayals of child abuse scandals in the media in Australia and England: Impacts on practice, policy, and systems.Child abuse & neglect,38(5), 822- 836.
9 MANDATORY REPORTING FOR CHILD ABUSE AND NEGLECT Lonne, B., Harries, M., Featherstone, B., & Gray, M. (2015).Working ethically in child protection. Routledge. Lynne, E. G., Gifford, E. J., Evans, K. E., & Rosch, J. B. (2015). Barriers to Reporting Child Maltreatment Do Emergency Medical Services Professionals Fully Understand Their Role as Mandatory Reporters?.North Carolina medical journal,76(1), 13-18. Mathews, B. (2014). Mandatory reporting laws and identification of child abuse and neglect: Consideration of differential maltreatment types, and a cross-jurisdictional analysis of child sexual abuse reports.Social Sciences,3(3), 460-482. Mathews, B. P., Bromfield, L., Walsh, K. M., & Vimpani, G. (2015).Child Abuse and Neglect: A Socio-legal Study of Mandatory Reporting in Australia-Report for the Victorian Government. Commonwealth of Australia. Mathews, B., & Bross, D. C. (Eds.). (2015).Mandatory reporting laws and the identification of severe child abuse and neglect(Vol. 4). New York, NY: Springer. Mathews, B., Bromfield, L., Walsh, K., Cheng, Q., & Norman, R. E. (2017). Reports of child sexual abuse of boys and girls: longitudinal trends over a 20-year period in Victoria, Australia.Child abuse & neglect,66, 9-22. Mathews, B., Lee, X. J., & Norman, R. E. (2016). Impact of a new mandatory reporting law on reporting and identification of child sexual abuse: a seven year time trend analysis.Child Abuse & Neglect,56, 62-79.
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10 MANDATORY REPORTING FOR CHILD ABUSE AND NEGLECT MLC, H. N. G., Kay, M., Nash, L., & Haysom, G. (2014). Mandatory reporting of health professionals: the case for a Western Australian style exemption for all Australian practitioners.Journal of Law and Medicine. Melbourne, Australia,22, 209-220. Moore, S. E., Scott, J. G., Ferrari, A. J., Mills, R., Dunne, M. P., Erskine, H. E., ... & McCarthy, M. (2015). Burden attributable to child maltreatment in Australia.Child Abuse & Neglect,48, 208-220. Oates,K.(2019).ChildProtectionSystemsinAustralia.InNationalSystemsofChild Protection(pp. 7-26). Springer, Cham. Phillips,L.(2016).HumanrightsforchildrenandyoungpeopleinAustralian curricula.Curriculum Perspectives,36(2), 1-14.