Palm Beach State College Report of Abuse or Neglect Case Study

Case Study:

Zac (DOB: 10/03/2019) is a 7-year-old, Hispanic, male in 2nd grade. He resides in his home (3333 West Tribeca Street, Chicago, Illinois) with his biological parents. Luis (38 years old), his father, is a carpenter. His mother, Guadalupe (31years old), is a nurse. His mom and dad have been married 10 years and have no other children.

Zac was at school today. When he went to class to sit down, he yelled, “Ouch!” The teacher asked Zac what was wrong. At first Zac said nothing but then started to tear up from being in pain. Zac stated that he got in trouble last night and got a spanking. He then began crying. The teacher requested the school counselor meet with Zac as he was visibly upset.

The school counselor met with Zac who reported he was playing with a ball in the house, and it hit a vase and broke. He said that his dad told him to not play with the ball in the house, and he only bounced it a couple more times before it hit the vase and broke. Zac said it was an accident but that his dad was “really angry,” and hit him on his back area with a belt. Zac said he did it “a lot of times, and it hurts.”

The school counselor walked Zac to the nurse’s office to have Zac checked out. The school nurse asked Zac where it hurts, and he pointed to his back area. He asked the nurse if she can help him because it “hurts to sit down.” The nurse had Zac lift the back of his shirt. She could see visible large welts on Zac’s back and welts going down towards his buttocks and legs. She then provided Zac with some ice and continued to ask further questions. She asked if this happened before. Zac said, “No.” She also asked if his clothes were on when this happened because the welts were very thick and red, and in one area she noticed some blood. Zac said, his dad made him pull his pants down but left his underwear on. Zac also noted that his mom was at work when this happened and “she yelled at my daddy for spanking me.”

MANDATED REPORTING ISSUE

It is important to note that although parents can spank their children, if marks are left, it is considered abuse in many states. As a counselor, or mandated reporter, you do not investigate whether child abuse has occurred. Rather by law, if you suspect abuse has occurred, you are to report the incident to your local Children Services Agency (CSA). It is also outside of a counselor’s scope of competency ask to look at a wound that is not visible. In the case of Zac, the counselor consulted the school nurse who is competent in wound assessment.

CSA will determine, from the information provided, if the allegations of suspected abuse are substantiated or not. It is important to remember that, when reporting to your local CSA, they will want you to provide them with as much information as possible.

CSA will want to know:

• Information on the alleged perpetrator (i.e., name, age, address, etc.)
• Information about the alleged victim (i.e., name, age, address)
• Who lives in the home (i.e., names and ages)
• Witnesses
• Description, in detail, of what is being reported
• Safety concerns
• Other information that can be provided about the alleged child victim’s home (i.e., living conditions, drug and alcohol abuse in home, domestic violence, etc.)
• Who the complainant is in relation to the alleged victim

CSA may have other questions but these are the most common areas of information they are trying to collect.

In the case of Zac, he was spanked to the point where he cannot sit down and is in a lot of pain. After further observation from the nurse, Zac has visible marks and welts on his body because of the spanking with a belt from his father. This warrants a call to CSA by the mandated reporters identified in this case.

CLINICAL, ETHICAL AND LEGAL CONSIDERATIONS

Child abuse and neglect effect the lives of many children. As a result, all states have set forth mandated reporting laws. Mandated reporters are identified persons who are required to report suspected child abuse (i.e., physical, emotional, or sexual) or neglect to an appropriate agency (e.g., CSA or law enforcement).

Only two states identify all persons as mandated reporters. These two states are New Jersey and Wyoming, and are the only two states that do not identify specific professional groups as mandated reporters but require “all persons to report.”

Individuals designated as mandatory reporters typically have frequent contact with children and generally include persons, such as “social workers, teachers, principals, and other school personnel; physicians, nurses, and other health care workers; counselors, therapists, and other mental health professionals; child care providers; medical examiners or coroners; and law enforcement officers” (Child Welfare Information Gateway, 2016, p.2).

It is important to note that mandated reporting laws vary in each state. When reporting, check the state laws in which the report is being made. As a mandated reporter, failure to comply with state laws can result in criminal penalties and other sanctions imposed upon the person.

School districts, administrators, school mental health professionals, and educators (and other school staff) are responsible for fostering a relationship of trust with students and families. They are legally and morally responsible for the well-being and care of their students, and are responsible for ensuring that each student receives a quality education. In doing this, schools need to ensure that students are in an environment that is positive, safe, and encouraging for learning. They have an ethical and legal duty to uphold. When this does not occur, consequences by the federal, state, and local level can occur.

Note: Please note these requirements were current at the time this case study was created and are subject to change as are all state requirements.

References:

Child Welfare Information Gateway. (2019). Mandatory reporters of child abuse and neglect. Retrieved