Mandatory reporting bibliography

Australian legislation that specifies who is required to report suspected cases of child abuse and neglect is explained. The publication covers who is mandated to make a notification, mandatory reporting requirements in every state and territory, whether the identity of notifiers is protected, about whom notifications can be made, what type of concerns must be reported, the response of child protection services, the benefits of mandatory reporting requirements and problems with the introduction of mandatory reporting.

Although there is no accurate information about the prevalence of child abuse in Australia, the Australian Institute of Health and Welfare (AIHW) compiles an annual report on the number of cases of child abuse reported to state child protection departments. This publication summarises information from these reports, looking at: how many reports of child abuse are made in Australia each year; what the AIHW statistics tell us about the characteristics of children who are the subject of reports; in what types of families abused children live; how many children are removed and live in out of home care; who makes reports to child protection authorities; and available international statistics about child abuse and neglect.

This commentary explores the range, status and goals of different types of data collection within child maltreatment surveillance systems. It provides examples from ten different countries - Australia, Belgium, Canada, England, Germany, Lebanon , New Zealand, Philippines, Saudi Arabia, and the United States - which variously include their data collection activities as part of the social service, justice, or health sectors.

Thousands of Australian children are sexually abused every year and the effects can be severe and long lasting. Not only is child sexual abuse a public health problem, but the acts inflicted are criminal offences. Child sexual abuse usually occurs in private, typically involving relationships featuring a massive imbalance in power and an abuse of that power. Those who inflict child sexual abuse seek to keep it secret, whether by threats or more subtle persuasion. As a method of responding to this phenomenon and in an effort to uncover cases of sexual abuse that otherwise would not come to light, governments in Australian states and Territories have enacted legislation requiring designated persons to report suspected child sexual abuse. With Western Australia's new legislation having commenced on 1 January 2009, every Australian State and Territory government has now passed these laws, so that there is now, for the first time, an almost harmonious legislative approach across Australia to the reporting of child sexual abuse. Yet there remain differences in the State and Territory laws regarding who has to make reports, which cases of sexual abuse are required to be reported and whether suspected future abuse must be reported. These differences indicate that further refinement of the laws is required. (Journal abstract)

Each state in Australia has mandatory reporting of child abuse. The aim of this is to achieve better outcomes for children and families, but current research indicates that child protection agencies are not protecting the child, that they cannot cope with all the referrals they get. This article discusses the idea that it is the reponsibility of all health professionals to act on suspicions of child abuse. It lists forms that response can take and concludes that mandatory responding rather than reporting is a better tool to improve outcomes for children.

Drawing on data from the Families SA Client Information System, this study undertook a longitudinal statistical analysis in order to explore the extent to which a cohort of children (born in 1991) have come into contact with the South Australian child protection system, the nature of the contact, outcomes and patterns. It includes some comparative analysis of cohorts born in 1998 and 2002. The results show that 22.5 per cent of the 1991 South Australian birth cohort had been the subject of at least one child protection notification. About three quarters of the children who were subject to a notification have not had any other contact with the Families SA system. Only a relatively small number have had multiple contacts. Age at first notification was found to be a predictor of: multiple notifications (the younger the age at first notification, the more likely it was that multiple notifications would be received); substantiated abuse; and being placed in alternative care. A comparison of the 1991, 1998 and 2002 cohorts of children found that children are increasingly likely to be notified for alleged child abuse or neglect and have contact with the child protection system. Aboriginal and Torres Strait Islander children were more likely to be the subject of a child protection notification, investigation and substantiation, and to be placed in care. Compared with Aboriginal and Torres Strait Islander males and with non-Indigenous males and females, Aboriginal and Torres Strait Islander girls were the subject of higher numbers of notifications and substantiation.

The United States, Canada and Australia have developed mandatory child abuse reporting laws in particular detail as a central part of government strategy to detect cases of abuse and neglect at an early stage, protect children, and facilitate the provision of services to children and families. This article provides a review of mandatory reporting legislation in these three countries. The article conducts a comparison of the key elements of these laws, disclosing significant differences and highlighting the issues that face legislatures and policy-making bodies.

Criticism of mandatory reporting of child abuse and neglect focuses on the high number of unsubstantiated reports that result in increased workloads for child protection services, waste of resources and a reduction in the quality of care given to children and families in genuine need. This article argues that without a system of mandated reporting, many cases of abuse and neglect will not come to the attention of authorities and support agencies and therefore children will be less protected. Mandatory reporting schemes are not perfect, but a child protection system needs a form of case identification beyond voluntary help-seeking. Evidence from several nations shows that mandatory reporting produces a large number of substantiated reports, and without it child protection would be compromised. The most serious problems in systems with mandated reporting appear to lie with the responses rather than the reports. Mandatory reporting offers economic and social justice advantages that far outweigh any disadvantages.

The Australian Institute of Health and Welfare publishes 'Child protection Australia' annually. This article summarises key findings from the report for 2006-07. It first outlines the processes that are set in train when there is a report of suspected child abuse or neglect, and then provides a statistical overview of: notifications, investigations and substantiations; children on care and protection orders; and children in out-of-home care. The number of children in Australia who require a care and protection order or out-of-home care is rising, partly due to an increase in the number of children in need of protection, but also due to increased public awareness and changes in child protection policies. Aboriginal and Torres Strait Islanders are over-represented in the statistics.

Historically, the chasm between services for women and for children has been problematised in the domestic and family violence arena. This paper argues that it is now equally, or more problematic, that the recognition of harm to children in the context of domestic and family violence has 'grafted' statutory child protection response to intervention in this area. When judged against the criteria for an effective, efficient, efficacious or ethical financial system, the child protection system fails in relation to children living with domestic violence. The paper raises three issues of particular concern: (1) responding to a widespread social problem through an individualised response at the tertiary end of provision; (2) undermining the voluntary and empowerment model of intervention for women through compulsory, statutory intervention with children; and (3) creating a mandatory pathway to an intervention system that is not set up to work with an adult and child victim or to intervene effectively with violent men. (Journal abstract, edited)

After considering the increasing number of cases of child abuse and neglect being reported, and acknowledging that there is no simple solution, this document provides an overview of the Federal Government's new National Child Protection Framework, which aims to combat child abuse and neglect and prevent it before it occurs. The Framework is underpinned by a child-centred approach, and is based on evidence from hundreds of submissions and consultations, as well as lessons learned from the Northern Territory intervention. It focuses on stronger prevention and early intervention to reduce pressure on the child protection system and provide greater support for neglected or abused children. The Framework identifies barriers to information sharing, and makes better use of existing resources to effectively share relevant information, as well as clarifying national reporting and accountability mechanisms for the out-of-home care system.

In order to identify the influences on teachers' propensity to detect and report child abuse and neglect (CAN), a sample of 254 Queensland primary school teachers completed a self-reporting questionnaire about their responses to a series of hypothetical physical abuse and neglect scenarios. Teacher and school characteristics were also recorded. The results showed that detecting and reporting CAN is a complex decision-making process. Case characteristics were shown to be the most important determinants of teacher decision-making, and in particular, the type, frequency and severity were the most important predictors of detection and reporting. Case characteristics have an impact on both detection and reporting.

The 'Protecting children: an inquiry into abuse of children in foster care' report, released in January 2004, found that Queensland's Department of Families was in a state of crisis and incapable of responding adequately to child protection issues. This current report is a review to assess whether action has been taken to implement the recommendations made in the earlier report. It covers the Department of Child Safety, external accountability, multi agency relationships and mandatory reporting, the foster care system, Indigenous children, and legislative changes.

This report is based on information from three national child protection data collections - child protection notifications, investigations and substantiations; children on care and protection orders; and children in out-of-home care. The data are collected each year by the Australian Institute of Health and Welfare from the relevant departments in each state and territory. Most of the data in this report cover the 2004- 2005 financial year, although data on trends in child protection are also included. Each state and territory has its own legislation, policies and practices in relation to child protection, which accounts for some of the differences between jurisdictions in the data provided. Australian totals have not been provided for those data that are not comparable across the states and territories.

Under the Victorian Children, Youth and Families Act 2005, people working with children have certain obligations in relation to child protection. This guide sets out those obligations as they apply to registered teachers and principals in Victoria. It includes protocols agreed between the Department of Human Services and the Department of Education. Section 1 outlines current legislation and services available for vulnerable children and their families, Section 2 discusses important aspects of information sharing, Section 3 explains mandatory reporting and the circumstances under which a teacher or school principal should make a referral to Child FIRST, should make a report to Child Protection, and must make a report to Child Protection, and Section 4 describes situations where teachers and principals may be asked to share information with Child FIRST or Child Protection.

Practical strategies that service providers can use in developing policies and procedures to support safe environments for children are described. The article covers: the importance of child safe environments; taking the first step; developing a child protection policy; employee recruitment and selection; professional development for staff and carers; consultation and collaboration among staff, carers, children and families. There is also an explanation of the purpose of and requirements for mandatory reporting of suspected child abuse or neglect.

This paper reaffirms the fundamental principles and priorities that need to be in place to keep children safe and summarises a 2006 review of the New South Wales Children and Young Persons (Care and Protection) Act 1998. Data on the nature, size and complexity of the child protection task in New South Wales are provided, and proposals for strengthening the legislation to cope with increasing pressure on the child protection system are outlined.

This report is based on information from three national child protection data collections - child protection notifications, investigations and substantiations; children on care and protection orders; and children in out-of-home care. The data are collected each year by the Australian Institute of Health and Welfare from the community services departments in each state and territory. Most of the data in this report cover the 2004-05 financial year, although data on trends in child protection are also included. Detailed information on the characteristics of children in the child protection system is presented, specifically data on their age, sex and Indigenous status. For child protection substantiations, data on the family type and sources of notification are also included. For children on care and protection orders there are data on types of orders and living arrangements and for children in out-of-home care there are data on types of placements and length of time in out-of-home care.

The Australian Capital Territory's Children and Young People Act 1999 supports the legal requirement of certain professional groups to report non accidental physical injury and/or sexual abuse of children and young people. This paper provides information to mandated reporters and other professionals concerning the making of a report. It covers: definitions of child abuse and neglect; how child abuse can be identified; types of abuse; non accidental physical injury; sexual abuse; emotional abuse; neglect; legislative context; legislative principles; reporting requirements; voluntary reporting; mandatory reporting; reasonable grounds; penalties; making a report to Family Services; interstate issues; what to do if you are not sure whether what you are seeing constitutes abuse or neglect; information required when making a report; protection for reporters; confidentiality provisions; action following a report; responding to a disclosure made by a child or young person; frequently asked questions and contact numbers.

Significant advances in legal approaches to the problem of domestic violence have been made over recent years. This chapter discusses injunctions, protection orders under state and territory legislation, relationship between Commonwealth and state and territory laws, tort claims and cross vested jurisdiction, protecting children from abuse, responses to the problem of child abuse, mandatory reporting, and remedies for child victims of abuse.

Who is responsible to notify of child protection concerns in Australian jurisdictions? This paper outlines the mandatory reporting requirements of each state and territory, what the grounds for intervention are, a national comparison of child protection processes, and implications of the jurisdictional differences.

The functions of the National Child Protection Clearinghouse are outlined prior to a discussion of child abuse and neglect. The paper looks at differences between the eight jurisdictions in Australia in relation to mandatory reporting and child protection interventions, the effects of child sexual abuse, ways of understanding the nature of maltreatment, factors that can affect children's vulnerability to various forms of abuse and neglect and its effects, and what this means for school personnel.

The New South Wales Ombudsman provides guidance to licensed children's services in response to allegations that their employees have been abusive to children. This article examines commonly asked questions about reporting matters to the Ombudsman. It covers what to report, the risks that need to be considered when an allegation is made, the importance of clarifying an allegation, how to maintain employee rights, the importance of procedural fairness, and contacting the Ombudsman. The article includes case studies.

The legal obligations of nurses in each Australian jurisdiction to report suspected child abuse or neglect are described. The article explores differences between the statutory duties, and problems of terminology. It then presents results of a literature review on nurses' knowledge of the reporting law, their reporting practice, and related professional and legal problems that nurses may experience.

How effective are current mandatory reporting processes? This paper summarises organisational and legislative changes in this area since 2002 and reviews child protection data for 2003 - 2004 from all Australian jurisdictions except New South Wales. The paper focuses on the costs and the lack of effectiveness of the current approaches to the detection of child abuse.

Most Australian states have mandatory child abuse reporting laws, and teachers are the second highest source in Australia of child abuse notifications that are the subject of finalised investigations. This article outlines the variations among these laws for teachers, including the types of risk or harm warranting reporting, and discusses the need to measure the effectiveness of mandatory reporting.