Mandatory Reporting For Child Abuse And Neglect

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Running head: MANDATORY REPORTING FOR CHILD ABUSE AND NEGLECT
MANDATORY REPORTING FOR CHILD ABUSE AND NEGLECT
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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,
economic rights. Every child are unique and possesses different strengths, interests and
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
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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
(Care and Protection) Act 1998, the Children’s Amendment Act of 2007, Children and
Community Services Regulations 2006, United Nations (UN) Convention, Children and
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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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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
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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). The Children and Community Services Act, 2004 and Children and
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
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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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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.
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MANDATORY REPORTING FOR CHILD ABUSE AND NEGLECT
References:
Ccyp.wa.gov.au. (2019). Child protection | Commissioner for Children and Young People WA.
Retrieved from https://www.ccyp.wa.gov.au/our-work/resources/child-protection/
Francis, P. C., & Dugger, S. M. (2014). Professionalism, ethics, and valuebased conflicts in
counseling: An introduction to the special section. Journal of Counseling &
Development, 92(2), 131-134.
Goldman, J. D., & Grimbeek, P. (2014). Child sexual abuse and mandatory reporting
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
differences in early childhood maltreatment in the United States. Journal of
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.
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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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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). Child Protection Systems in Australia. In National Systems of Child
Protection (pp. 7-26). Springer, Cham.
Phillips, L. (2016). Human rights for children and young people in Australian
curricula. Curriculum Perspectives, 36(2), 1-14.
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