The New Social Worker Vol. 20, No. 3, Summer 2013 | Page 19
a colleague or supervisor can help the social worker acknowledge his/her own personal biases and make him/her aware of the impact that one’s own experiences can have on judgments about clients. In some cases, the social worker might confer with a colleague or supervisor and end up with a more troubling outcome. The colleague or supervisor, after hearing the social worker’s concerns, might say that the social worker should not make a report to CPS, even if the social worker believes he/she should. In some of these cases, the social worker and the colleague/super visor might disagree about whether or not the concerns warrant a report. In those cases, it is best to leave the determination up to CPS. The social worker should make the call, and can even express reservation to CPS. In more troubling circumstances, the social worker and the colleague/supervisor might agree about the concerns, but the colleague/supervisor still tells the social worker not to make the report. In some cases, the social worker might feel that making a report in opposition to the colleague/supervisor’s instructions would put him/her at risk of retaliation in the workplace, or even at risk of losing his/ her job. Laws exist in at least 18 states that provide employees specific protection from retaliation from employers that is due to lawful reporting of suspected child maltreatment. In all other states, there are general provisions of employment law that protect your right to make a re-
port to CPS (Lau, Krase, & Morse, 2009). To be clear, if you are threatened, harassed, demoted, or fired and you think it is due to the fact that you made a lawful report to CPS, the law protects you. Your employer can be held liable for such conduct. You should seek legal counsel in your state.
Determined Documentation
If you had a great practice professor like I did, you learned all about the importance of documentation in client records. Well, documentation related to mandated reporting is just as important. Whether you make a report or not, you need to document your concerns and conversations related to those concerns. When a social worker first develops concerns that a child may be maltreated, the client’s records may already include related information. You might have been documenting throughout the professional relationship things the client told you or observations you made of behavior, not even thinking that down the line you might make a report to CPS. The client record becomes an invaluable resource. When you make the report to CPS, have the client’s case file in front of you to help you remember dates and context for information you believe is relevant to your report. Once you start considering making a report to CPS, you must inform your supervisor. You need to document this discussion, but where and how you record the information depends on the outcome
of the meeting. If you and your supervisor agree as to the decision to report, or not to report, document this in the client’s case file. If you and your supervisor DO NOT agree about the decision to report, or not to report, you should make such a note in the client’s case file, but you should also document this disagreement in your own personal records. You can e-mail yourself notes about the meeting. The electronic record provides evidence about the date and time of the discussion, in case there is future legal action related to this disagreement. The ultimate responsibility to make a report of suspected child maltreatment lies with the mandated reporter. When a social worker is employed in an agency setting, there is a lot of pressure to conform to agency practices, but the obligation to report suspected child maltreatment is not trumped by anything, even your supervisor’s direction. Many social workers avoid discussing their mandated reporting role in the agency because of concerns for disagreement. Instead, social workers should insist on training and discussion of these issues before any potential conflicts arise in the workplace. The lives of millions of children depend on us.
References
Lau, K., Krase, K., & Morse, R. H. (2009). Mandated reporting of child abuse and neglect: A practical guide for social workers. New York: Springer.
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Part III: You Made the Decision: Now What Do You Do? by Kathryn S. Krase, Ph.D., J.D., MSW
need to find out is what number to call. The simplest thing to do is conduct an Internet search using the terms “report child abuse” and your state. A few private/nonprofit/non-governmental organizations have toll-free hotlines that can provide you with information on what number to call in your particular state (See National Resources at the end of this article.) It is important to know that a call to these organizations does not fulfill your legal obligation as a mandated reporter to report suspected child maltreatment. You must make your report to your state or local child protective services directly. In all states and local jurisdictions, reports of suspected child abuse and neglect are made over the phone, many through a toll-free telephone number, routed directly to an agency related to child protective services (CPS). These hotlines are staffed 24 hours a day, 7 days a week, 365 days a year, 366 days a year in leap year. With these hotlines available, literally, all the time, there is never an excuse NOT to make a call.
he hardest part is behind you. Many mandated reporters agonize over whether or not to make a report, but once you make the decision to report, you should make the tough call with confidence. This section will give you a general idea of what the reporting experience is like and provide some helpful hints on how to make the process a smooth one.
Who Do You Call?
Unfortunately, there isn’t a magical phone number for everyone across the United States (and the world) to call and make a report, so the first detail you
Preparing for the Call
The law requires that mandated reporters make the call to CPS as soon as the suspicion of child maltreatment is developed. This means you should not delay in making the call, but you do
The New Social Worker
Summer 2013
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