Mandatory Reporting Of Suspected Child And Elder Abuse

During this pandemic, I have received an increasing number of inquiries regarding reporting of suspected child abuse and elder abuse from therapists. I thought it would be a good idea to highlight your responsibilities and legal exposure to report suspected abuse.

First, child abuse is defined as a non-accidental physical injury, death, neglect of a child, emotional abuse, and endangering a child. This includes sexual exploitation of a child. Physical forms of discipline may be used so long as there is no physical injury to the child. Georgia does not require the reporting of pregnant women who engage in alcohol/substance abuse. However, if a baby is born showing the harmful effects of abuse, such as neonatal abstinence syndrome, then a report should be made.

Emotional abuse is considered to be a pattern of behavior that impairs a child’s emotional development or sense of self worth. It frequently occurs as verbal abuse, but can also include rejection, terrorizing, shameful forms of punishment, withholding physical and emotional contact, and exposure to domestic violence that may impact a child’s personal safety. It is usually not an isolated incident, but instead is a pattern of behavior that occurs over a period of time.

Under the law, mandated reporters include psychologists, professional counselors, social workers, marriage and family therapists, doctors, nurses, dentists, teachers, and child counseling personnel, including persons participating in internships. The obligation to report arises when there is “reasonable cause to believe that child abuse has occurred.” “Reasonable cause” means you have an objective, factual basis to believe that a child may have been abused. Your duty is to report, not to investigate.

Sexual abuse does not include consensual sex acts regarding minors more than 14 years old, or consensual sex between a minor and an adult who is not more than four years older than the minor. Suspected cases of child abuse must be immediately reported and at least within 24 hours from the time there is reasonable cause to believe that suspected child abuse has occurred. Legal privilege concerns are not a bar to reporting. The statewide phone number for the DFCS Child Protective Center to make an oral report is 1-855-422-4453.

Mandated reporters also have the option to submit the GEORGIA CHILD PROTECTIVE SERVICES MANDATED REPORTER FORM electronically. This and other important forms for use in your practice can be found on my website, howardgoldconsulting.com. Report child abuse by email by sending the completed mandated reporter form to CPSIntake@DHS.GA.GOV. 

After submitting the child abuse reporting form, you may elect to be notified once an investigation is completed, as to whether the abuse is substantiated or unsubstantiated.

Failure to report may expose you to prosecution of a criminal misdemeanor (O.C.G.A. 19-7-5 (c)(2)(h)) with a penalty of up to one year in jail. If a child is in a life threatening situation or immediate danger, report immediately to law enforcement or the district attorney in the county where the child lives.

ELDER ABUSE

Reports of elder abuse should be made to Georgia Adult Protective Services. This agency is charged with investigating all reports of abuse, neglect, or exploitation of older persons ages 65 plus, or adults 18 plus with a disability who do not reside in long term care facilities.

As with child abuse, you are mandated reporters of elder abuse. Abuse of elder and disabled adults is one of the most undetected and underreported problems in the United States. This report is usually for intentional acts that may range from physical acts (grandma receives bruises); not receiving medicine from the caretaker; mental, emotional, and sexual abuse; as well as neglect and financial manipulation. Complaints about facilities or service providers can be called in to 1-800-878-6442 or Division for Aging Services, 404-657-5258. Complaints in Metro Atlanta may be called in to 404-657-5250. Outside Atlanta, call 1-866-552-4464.

Elder abuse reports made in good faith for reasonable cause protects you from civil liability. Failure to report elder abuse may subject you to criminal misdemeanor charges.

On a personal note, I have retired from the practice of law but NOT from helping you with legal or ethical issues that may arise in your practice. I am available for telephone consultations through Howard Gold Consulting where you may schedule a date and time on my website. I look forward to talking with you about your concerns.

I hope all of you are well and vaccinated. I look forward to seeing you soon at one of my workshops to protect you from legal harm and ethics complaints.

Enjoy yourself!

Howard

P.S. Reports of my demise were premature.