The recent death of a 10-year-old girl in Smyrna at the hands of her father has sparked debate in who is considered a mandatory reporter in Delaware. There are reports that Child Protective Services was called about abuse in the home almost a dozen times, but it is not known who made those reports.
In the State of Delaware, there is a Mandated Reporting Law that applies to all citizens. Delaware is one of a handful of states with a statute known as a “universal mandatory reporting law.” What the law requires is that everyone report child abuse, but there are levels of difference within the law.
Under Delaware Code Title 16, §903 states that “any person, agency or organization who knows or “in good faith suspects” child abuse or neglect must report it.” What that means is that if the average citizen has personal knowledge or a direct, good faith suspicion, such as witnessing or a child disclosing abuse, they are required, by law to report it to the authorities.
However, there is a different level of responsibility for professionals who are listed in the statute. This includes doctors, teachers, social workers, psychologists, nurses and more who are held to a much higher standard of professional observation. Because those professionals are trained to identify systematic, subtle physical or behavioral red flags that the average citizen may never notice, they are required to report even the hint of abuse.
While it is technically illegal for an individual to actively ignore known abuse, a member of the general public may not face consequences for failing to report. A teacher, nurse, therapist or other professional named in the statute who fails to report suspected abuse can face devastating consequences. They face criminal penalties, civil lawsuits and the automatic loss of their professional license.
Professionals named in the statute cannot delegate to someone else the reporting of suspected abuse. A teacher cannot tell a principal they suspect abuse and assume the matter is solved. They must report the suspected abuse to the proper authorities and then inform a supervisor.
The general public can tell a family member or call in an anonymous tip regarding abuse. A tip called in by a member of the public is also handled differently than one called in by a professional.
When it comes to the elderly, the list of mandated reporters expands to employees of banks, medical practitioners and caretaker’s wo are also strictly mandated by law to report abuse, neglect or financial exploitation. The same rules apply to the general public as they do for children, that reporting elder abuse is permissive and voluntary. If a neighbor or friend does not report the abuse, there is no penalty like there is for mandatory reporters.
There is no question that anyone who witnesses or suspects abuse of children or the elderly should file a report with the proper authorities. However, it is important to understand that there are professions were the legal requirement comes with severe penalties. To report suspected child abuse, call 1-800-292-9582 or file an anonymous complaint online. To report elder abuse, call 1-800-223-9074 or file an anonymous complaint online. There are separate forms for physical abuse or neglect and fianancial exploitation.
