Teachers, counselors, and other school staff often are in a position to hear or observe evidence that a child has been abused. For this reason, professional school staff have a special duty under Maryland law to report suspected child abuse immediately to the local department of social services or the police in the county where the child lives or, if different, where the alleged abuse took place.
While all Maryland citizens are required to report suspected child abuse, a teacher who knowingly fails to report suspected child abuse risks suspension or revocation of his or her teaching certificate. The failure to report can also result in legal liability for any subsequent harm to the child. Of course, the most important reason to report suspected abuse is to protect a child from possible continued abuse.
For purposes of the reporting law, "abuse" means: a) the physical or mental injury of a child (under 18) by any parent or other person who has temporary care or custody or responsibility for supervision of a child, or by any household or family member, under circumstances that indicate the child's health or welfare is harmed or at substantial risk of being harmed; or b) sexual abuse, whether or not physical injuries are sustained. Sexual abuse includes molestation and exploitation of a child.
The reporting requirement applies when there is "reason to believe" a child has been abused. Abuse must be reported even if the person who was abused is now an adult, and even if the alleged abuser is now deceased. By law, social services department records concerning reports of child abuse are confidential.
After investigation, the local department of social services or the police will make a finding that abuse is:
a) "indicated" --meaning there is credible evidence, not satisfactorily refuted, that abuse did occur;
b) "ruled out"--meaning that abuse did not occur; or
c) "unsubstantiated" --meaning there is insufficient evidence to support either a finding of "indicated" or a finding of "ruled out."
A person who makes a report of abuse to the authorities has protection ("immunity") from civil liability or criminal penalty. The immunity will apply as long as the report was made in good faith (i.e., without actual knowledge of its falsity).
|
