This is the first of many (I suspect) articles on states changing their mandated reporter laws for child abuse. Right now in most states if someone isn't a mandatory reporter and knows of abuse of a child there are no penalties to them for not reporting it. Florida is trying hard to make sure that people report suspected child abuse. There are complaints that they are overreaching but the DCF is stating that they would rather have over-reporting then under reporting.
The new law raises the penalty to a felony for any Floridian convicted of failing to report any suspected crime against a child, not just abuse or neglect by a caregiver. Conviction could bring a 15-year prison term and fines up to $5,000.
While this new law seems very punitive it will raise awareness to people's responsibility to protect children. Hopefully this law will help if a teacher suspects that another teacher is having an inappropriate relationship with a student the teacher will report it. There have been many stories on teachers who suspected a teacher of having an inappropriate relationship with a student but didn't report it. This law will have a ricochet effect on many other situations where someone suspects that something is going on between an adult and a child. They won't be able to use the excuse that "I am not a mandated reporter" as a reason not to report their concern.
I suspect that there will be many lobbying against this law and others that will follow. One of biggest to lobby against these laws will be the movement to abolish the sexual offender registry. They have left messages on this blog about how "families" should deal with child sexual abuse and not report the abuse to authorities. They believe that child welfare authorities and law enforcement need to be kept out of child sexual abuse cases, period. Right now they can get away with not reporting because they are not mandated reporters. Once these laws start passing and I suspect they will not only pass but pass at warp speed due to the Sandusky and Penn State debacle. This movement will feel the repercussions for not reporting child sexual abuse, especially incestuous sexual abuse (aka incestuous pedophilia). They will no longer be able to hide behind the mandated reporter laws because they will be considered mandated reporters.
One of the other type of messages they have left on this blog is that there are "agencies" who support their beliefs. I think if "financial" backers, i.e. grant money require that all laws are followed in order to receive grant money these "agencies" will have a change of heart. Especially when their is concern from economists in 2013 for a double dip recession. http://www.telegraph.co.uk/finance/financialcrisis/9408062/Nouriel-Roubini-sticks-to-perfect-storm-in-2013-prediction.html which can effect their funding sources. Another role that will play in this process will be the money that Penn State has to pay over a five year period to support child sexual abuse education and support. This money and what it does will keep the focus on child sexual abuse and it's impact on those effected by it. I am grateful that this conversation will be continuing. It has allowed many of us who have survived CSA and educate on this topic to help people understand what this does to survivors.
And for those who say that we are "perpetual" victims, you have it wrong. We are survivors who insist on making known an evil that destroys souls. If we don't this evil will continue to be perpetuated.
Truthfully, Rosie
Penn State University Beaver campus students, left, senior
Lindsey Scialdone, 21, of Ellwood City, sophomore Nicole Bowersox, 19,
of State College, sophomore Myranda Raymond, 19, of Beechview and
freshmen Alicia Prestia, 18, of Las Vegas, Nevada participate in a
candlelight vigil in support of victims of sexual abuse on the PSU
Beaver campus in Monaca, Pa., with about 50 classmates organized by the
campus student government association Thursday, Dec. 1, 2011.
(Associated Press archive)
Published: Tuesday, July 24, 2012 at 3:39 p.m.
Last Modified: Tuesday, July 24, 2012 at 3:39 p.m.
In the wake of the child abuse scandal that continues to rock
Penn State University, Florida is toughening and broadening its laws
about mandatory reporting of suspected child abuse.
The state is increasing
penalties for those who suspect abuse but do not report it. The new law
also will put special pressure on universities and colleges, slapping
them with a $1 million fine if they fail to summon investigators when
child abuse is suspected.
As
of Oct. 1, Florida will have the most stringent mandatory reporting law
in the nation to better ensure residents assume responsibility for
protecting children, said State Sen. Nancy Detert, R-Venice, a sponsor
of the legislation.
Penn
State University received unprecedented penalties from the NCAA this
week after investigations revealed top officials, including legendary
football coach Joe Paterno, failed to alert authorities when coach Jerry
Sandusky was caught abusing boys. Paterno and the school president were
fired; Sandusky was convicted of multiple counts of child abuse this
month and awaits sentencing.
Some have questioned whether Florida's new law is too sweeping and whether it could flood caseworkers with unfounded complaints.
Failure
to report suspected abuse or neglect of a child by a caregiver is now a
misdemeanor. Although prosecutions are rare, the offense is punishable
by up to a year in a county jail.
The new law raises the
penalty to a felony for any Floridian convicted of failing to report any
suspected crime against a child, not just abuse or neglect by a
caregiver. Conviction could bring a 15-year prison term and fines up to
$5,000.
The penalty
against universities and colleges was inserted into the measure by other
lawmakers, Detert said, but she does not disagree with it.
"Everybody was outraged over Sandusky," Detert said.
The
Venice Republican said that her main intent was to broaden the
definition of abuse to include not just a physical injury verified by a
physician, but also a "mental injury" verified by a psychologist.
"You no longer have to break somebody's bones" to be considered abusive, Detert said.
The
legislation got a big push from lobbyist Ron Book and his daughter
Lauren, a childhood sexual abuse survivor and founder of the advocacy
organization Lauren's Kids.
Some
lawmakers say the law overreaches, and they worry that it may cause the
Florida Department of Children and Families to be inundated with minor
complaints, such as a parent disciplining a child in public.
"Some
people think it's abusive to raise your voice to a child," Sen. Joe
Negron, R-Stuart, told the Palm Beach Post. "It seems it's almost
turning every Floridian into an informant for the government."
Even so, DCF officials favor the new law they are expected to enforce.
"As
an agency, we would rather err on the side of caution and have people
overreport rather than underreport," said Terry Durdaller, a regional
communications director for DCF. "Any law that encourages the community
to be more vigilant, more willing to advocate on behalf of vulnerable
children, is a positive step."
The agency's 141 hotline
workers have been averaging about 1,400 reports of suspected child abuse
per day on weekdays and 550 per day on weekends.
DCF is adding 47 positions to handle what it predicts may be an another 40,000 complaints each year because of the new law.
Detert said legislative intent is not to overwhelm the agency with frivolous calls.
"I hope that would not happen," Detert said. "What we're trying to put in place is some common sense."
Current law already requires all Floridians to report suspected abuse or neglect of a child by a caregiver.
Most people can now call the Florida Abuse Hotline (800-962-2873) anonymously.
Educators,
law enforcement officials, social workers, judges, day care workers and
health care professionals are required to identify themselves.
The new law still allows most Floridians to call the hotline anonymously.
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