scholarly journals Reversing the ‘syndrome of secrecy’: Peremptory reporting obligations in cases of child abuse and neglect

2021 ◽  
Author(s):  
Mildred Bekink
Keyword(s):  
Child Abuse ◽  
Law Enforcement ◽  
Child Maltreatment ◽  
South African ◽  
Child Abuse And Neglect ◽  
Mandatory Reporting ◽  
Law Enforcement Agencies ◽  
Abuse And Neglect ◽  
Reporting Laws ◽  
Do So

Mandatory reporting laws are a controversial mechanism that require members of particular occupations to report cases of serious child maltreatment that they encounter in the course of their work to welfare or law enforcement agencies. In April 2019 a video went viral in which a woman filmed her colleague beating toddlers at a crèche in Gauteng. The crèche was closed, and arrests were made, including of the videographer. Given extent of violence and abuse against South African children, this paper investigates whether South African law adequately provides for the liability of those compelled to report child abuse but who fail to do so, why mandated reporters fail to report abuse, and how South Africa’s mandatory reporting rules should be amended to better serve their purpose. 

scholarly journals Reversing the 'syndrome of secrecy': Peremptory reporting obligations in cases of child abuse and neglect

2021 ◽  
Author(s):  
Mildred Bekink
Keyword(s):  
Child Abuse ◽  
Law Enforcement ◽  
Child Maltreatment ◽  
South African ◽  
Child Abuse And Neglect ◽  
Mandatory Reporting ◽  
Law Enforcement Agencies ◽  
Abuse And Neglect ◽  
Reporting Laws ◽  
Do So

ABSTRACT Mandatory reporting laws are a controversial mechanism that require members of particular occupations to report cases of serious child maltreatment that they encounter in the course of their work to welfare or law enforcement agencies. In April 2019 a video went viral in which a woman filmed her colleague beating toddlers at a crèche in Gauteng. The crèche was closed, and arrests were made, including of the videographer. Given extent of violence and abuse against South African children, this paper investigates whether South African law adequately provides for the liability of those compelled to report child abuse but who fail to do so, why mandated reporters fail to report abuse, and how South Africa's mandatory reporting rules should be amended to better serve their purpose.

scholarly journals Child Abuse And Neglect: Mandatory Reporting and the Legal Profession

2016 ◽  
Vol 2 ◽  
Author(s):  
Vanessa Deverson
Keyword(s):  
Child Abuse ◽  
Child Protection ◽  
Child Abuse And Neglect ◽  
Mandatory Reporting ◽  
Vulnerable Children ◽  
Abuse And Neglect ◽  
Protection Legislation ◽  
Legislative Framework ◽  
Legal Professional ◽  
Reporting Laws

Child abuse and neglect affects approximately 42 500 children in Australia each year. Parliaments in all Australian states and territories have introduced mandatory reporting into child protection legislation to protect vulnerable children by requiring certain individuals to report suspicions of abuse or neglect. However, lawyers are prevented from reporting because of the rules governing legal professional privilege and confidentiality. This article begins by examining the problem of child abuse and neglect in Australia and outlines the current legislative framework of mandatory reporting laws in Part II. Part III discusses the current rules governing lawyers and examines legal professional privilege and the duty of confidentiality. Part IV provides arguments for and against requiring lawyers to report suspected abuse and also considers the lawyer-client relationship and the special position of domestic violence victims. Part V offers recommendations for the proposed legislative reform. This article concludes that lawyers should be required to report child abuse and neglect.

scholarly journals Response to Vanessa Deverson On 'Child Abuse And Neglect: Mandatory Reporting And The Legal Profession'

2016 ◽  
Vol 2 ◽  
Author(s):  
David Caruso
Keyword(s):  
Child Abuse ◽  
Legal System ◽  
Child Abuse And Neglect ◽  
Legal Profession ◽  
Northern Territory ◽  
Mandatory Reporting ◽  
Final Part ◽  
Abuse And Neglect ◽  
Reporting Laws

This comment responds to Vanessa Deverson’s article titled ‘Child Abuse and Neglect: Mandatory Reporting and the Legal Profession’ and examines whether it is desirable for lawyers to be required to report child abuse and neglect that may be revealed by their clients. The comment begins by articulating the role of the legal profession, and explains how it differs from other professions. Part I explains that an obligation to report child abuse would fundamentally change the role of the legal profession in defending or asserting the rights, liberties and liabilities of their clients. Part II argues that even if mandatory reporting were to be brought in, it would be unlikely achieve its intended purpose because it would create suspicion towards the legal profession and undermine its role. The final Part discusses current South Australian draft legislation aimed at protecting children and argues that this may be a more appropriate route. The comment concludes that current Northern Territory reporting laws do not belong in a legal system that depends on clients having confidence in their lawyers.

The Decision to Report

2019 ◽  
pp. 151-174
Author(s):  
Lea Tufford
Keyword(s):  
Decision Making ◽  
Child Abuse ◽  
Child Maltreatment ◽  
Child Abuse And Neglect ◽  
Mandatory Reporting ◽  
Decision Making Process ◽  
Abuse And Neglect ◽  
Decision Making Factors ◽  
Emotional Aspects

This chapter presents a mandatory reporting model outlining the decision-making factors within the context of reporting suspected child abuse and neglect. The chapter begins by examining the literature on decision-making and child maltreatment and then focuses on neurological and emotional aspects of decision-making. The chapter moves to delineating the empirical factors (legal, clinician, situational, professional, and relationship) associated with mandatory reporting and specific domains within each factor. A case example provides an illustration of the decision-making process in a mandatory reporting situation.

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