Question: Help with peer responding to classmates discussion post efined in 16-3-2010, including sex trafficking, regardless of whether the perpetrator is a parent, guardian, or other

Help with peer responding to classmates discussion post

  • efined in 16-3-2010, including sex trafficking, regardless of whether the perpetrator is a parent, guardian, or other person responsible for the child's welfare.

2. Who are the mandated reporters?

A report is required when a mandatory reporter in their professional capacity has received information that gives them reason to believe that a child has been or may be abused or neglected.

The term 'person responsible for a child's welfare' includes the following:

  • The child's parent, guardian, or foster parent
  • An operator, employee, or caregiver, as defined by 63-13-20, of a public or private residential home, institution, agency, or child care facility
  • An adult who has assumed the role or responsibility of a parent or guardian for the child but who does not necessarily have legal custody of the child

3. Is any group specified as "exempt"? If yes, please explain

The term 'child abuse or neglect' excludes corporal punishment or physical discipline that consists of the following:

  • Is administered by a parent or person in loco parentis
  • Is perpetrated for the sole purpose of restraining or correcting the child
  • Is reasonable in manner and moderate in degree
  • Has not brought about permanent or lasting damage to the child
  • Is not reckless or grossly negligent behavior by the parents

4. What are the penalties for failing to report?

Any mandatory reporter or any person required to perform any other function under the reporting laws who knowingly fails to do so, or a person who threatens or attempts to intimidate a witness, is guilty of a misdemeanor and, upon conviction, must be fined not more than $500 or be imprisoned for not more than 6 months, or both.

5. Are child witnesses to domestic violence addressed in the statute? If yes, please explain

Yes. It discusses laws that extend legal protection to children who may be harmed by witnessing acts of domestic violence in their homes and provides a list of circumstances that constitute "witnessing" domestic violence. It also states the legal consequences to persons who commit the domestic violence, such as enhanced penalties and fines.

6. Do you think there is ever a good reason for a professional to fail to report child abuse?

I believe that professionals could feel torn about reporting certain situations when it comes to child abuse, but I don't believe there is ever a good enough reason not to do it. As a professional, you are ethically obligated to report, and the consequences of not reporting could be severe for the child victim of the abuse. When professionals overlook this obligation, they risk continuing a cycle of abuse that can lead to further trauma for the child. In situations where the child has confided in a professional, the reporter should explain that it is necessary to ensure the safety of that child. I believe that worry and fear should not outweigh doing the right thing by reporting and keeping the child safe.

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