Skip to main content
SpringerLink
Log in

Mandatory Reporting of Child Abuse and Marginalised Families

  • Chapter
  • First Online:
Mandatory Reporting Laws and the Identification of Severe Child Abuse and Neglect

Part of the book series: Child Maltreatment ((MALT,volume 4))

Abstract

In this chapter we draw on two qualitative studies we conducted in Queensland, Australia, to consider how frontline workers (both support workers in nongovernment organisations and lawyers) who work with marginalised groups, for example, with families from culturally and linguistically diverse groups, Indigenous families and families living with poverty and homelessness or domestic violence, view mandatory reporting of abuse to child protection authorities. Our research suggests that workers’ experiences of the interaction between their clients and child protection services are extremely negative overall. As a result, some workers are very reluctant to report abuse because they perceive the response of child protection services to be poor.

This is a preview of subscription content, log in via an institution to check access.

Access this chapter

Log in via an institution
Chapter
USD 29.95
Price excludes VAT (USA)
  • Available as PDF
  • Read on any device
  • Instant download
  • Own it forever
eBook
USD 84.99
Price excludes VAT (USA)
  • Available as EPUB and PDF
  • Read on any device
  • Instant download
  • Own it forever
Hardcover Book
USD 109.99
Price excludes VAT (USA)
  • Durable hardcover edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Purchases are for personal use only

Institutional subscriptions

Notes

  1. 1.

    This term refers to individuals and families that have come to Australia from another country; they may speak a language other than English at home, and they may have special cultural practices and customs.

  2. 2.

    Children and Young People Act 2008 (ACT) s 356; Children and Young Persons (Care and Protection) Act 1998 (NSW) s 27; Care and Protection of Children Act 2007 (NT) s 26; Child Protection Act 1999 (Qld) s 148; Public Health Act 2005 (Qld) ss 191, 192; Education (General Provisions) Act 2006 (Qld) ss 365, 365A, 366, 366A; Children’s Protection Act 1993 (SA) s 11; Children, Young Persons and Their Families Act 1997 (Tas) ss 13, 14; Children, Youth and Families Act 2005 (Vic) ss 182, 184; Children and Community Services Act 2004 (WA) s 124B.

  3. 3.

    Children and Young Persons (Care and Protection) Act 1998 (NSW) s 23 (see definition of ‘at risk of significant harm’); Care and Protection of Children Act 2007 (NT) s 15 (definition of ‘harm to child’); Children, Young Persons and Their Families Act 1997 (Tas) s 14(2)(a).

  4. 4.

    See Child Protection Act 1999 (Qld) ss 6, 148.

  5. 5.

    Child Protection Act 1999 (Qld) s 9.

  6. 6.

    Commission for Children and Young People and Child Guardian Act 2000 (Qld) s 20.

  7. 7.

    Public Health Act 2005 (Qld) ss 191 and 192. Pursuant to the Family Law Act 1975 (Cth), s 67ZA, family court personnel and counsellors are also required to report.

  8. 8.

    Education (General Provisions) Act 2006 (Qld) ss 365, 365A, 366, 366A. The reporting requirements differ depending whether the report emanates from a state or non-state school.

  9. 9.

    For employees of the Child safety Department, those employed in a departmental care service or licensed care service 20 penalty units: Child Protection Act 1999 (Qld) s 148. For doctors and registered nurses 50 penalty units – Public Health Act (Qld) s 193. A penalty unit is currently $110; see Penalties and Sentences Act 1992 (Qld) s 5(1)(d).

  10. 10.

    See Australian Institute of Health and Welfare (2013) at 16–17, 32, 34 and 41. The second most common abuse was emotional abuse.

  11. 11.

    One exception is NSW where legislation prevents the Children’s Court from concluding that the basic needs of a child are not likely to be met because of poverty; Children and Young Persons (Care and Protection) Act 1998 (NSW) s 71(2)(b).

  12. 12.

    Kaur (2012, p. 11) cites differences in child discipline, physical displays of affection, educational attainment expectations, respect for elders and use of natural remedies.

  13. 13.

    In Australia Aboriginal and Torres Strait Islander children were almost eight times more likely than non-Indigenous children to be the subject of substantiated reports of harm/risk of harm with neglect and emotional abuse the most commonly substantiated maltreatment; see Scott (2013).

  14. 14.

    The results of this research are reported in Douglas et al. (2009).

  15. 15.

    See Kidd and Parshall (2000) at 294 and Kitzinger (1994) at 105 for a discussion of the pros and cons of focus group research.

  16. 16.

    We conducted interviews with lawyers instead of focus groups for practical reasons. Most of the lawyers we interviewed work alone as individuals and their demanding schedules made conducting group interviews extremely difficult. The interviews with two participants were conducted with the lawyers who worked together in the same organisation.

  17. 17.

    While current legislation in Queensland does not mandate police reporting of children living with domestic violence, Queensland Police have a blanket policy of reporting children living with domestic violence. A recent inquiry has recommended that this policy be repealed; see Carmody Inquiry (2013) at vviii.

  18. 18.

    For example, under Queensland legislation, harm includes emotional and psychological harm (see Child Protection Act 1999 (Qld) ss 9, 148).

  19. 19.

    See also Jacob and Fanning (2006), where it was suggested that a number of professionals had begun to see reporting as pointless due to lack of services and follow-up from child protection authorities.

  20. 20.

    Similarly in a study of doctors and nurses in Israel, nurses were more likely to consider the outcomes of reporting (as compared to doctors) before reporting; see Ben Natan et al. (2012) at 336.

  21. 21.

    Another aspect to this alternative strategy was that in less severe cases the mandated reporter may report to the child protection service or discuss with an independent reviewer.

  22. 22.

    Children and Young Persons (Care and Protection) Act 1998 (NSW) s 63; Children, Youth and Families Act 2005 (Vic) s 276(2)(b).

  23. 23.

    Child Protection Act 1999 (Qld) s 5A.

References

  • Adler, R. (1995). To tell or not to tell: The psychiatrist and child abuse. Australian and New Zealand Journal of Psychiatry, 29, 190–198.

    Article  Google Scholar 

  • Ainsworth, F. (2002). Mandatory reporting of child abuse and neglect: Why would you want it? Developing Practice: The Child, Youth and Family Work Journal, 4, 5–8.

    Google Scholar 

  • Alvarez, K., Donohue, B., Kenny, M., et al. (2004). The process and consequences of reporting child maltreatment: A brief overview for professionals in the mental health field. Aggression and Violent Behaviour, 10, 311–331.

    Article  Google Scholar 

  • Australian Institute of Health and Welfare. (2013). Child protection in Australia 2011–2012 (Child welfare series No. 55). Canberra: Australian Institute of Health and Welfare.

    Google Scholar 

  • Australian Law Reform Commission. (1997). Seen and heard: Priority for children in the legal system (Report No 84). Canberra: Australian Law Reform Commission.

    Google Scholar 

  • Bamblett, M., Bath, H., & Roseby, R. (2010). Growing them strong, together: Promoting the safety and well-being of the Northern Territory’s Children. Report of the Board of Inquiry into the Child Protection System in the Northern Territory, Northern Territory Government, Darwin.

    Google Scholar 

  • Ben Natan, C., Faour, S., Naamhah, K., et al. (2012). Factors affecting medical and nursing staff reporting of child abuse. International Nursing Review, 59(3), 331–337.

    Article  Google Scholar 

  • Bessarab, D., & Crawford, F. (2010). Aboriginal practitioners speak out: Contextualising child protection interventions. Australian Social Work, 63(2), 179–193.

    Article  Google Scholar 

  • Betts, A. (2013, May 14). Indigenous adoption push prompts stolen generation fears. ABC News. Available from http://www.abc.net.au/news/2013-05-14/indigenous-child-adoption-proporal-and-reaction/4688232

  • Bledsoe, L. K., Yankeelov, P., Barbee, A., et al. (2004). Understanding the impact of intimate partner violence mandatory reporting law. Violence Against Women, 10, 534–560.

    Article  Google Scholar 

  • Brophy, J. (2008). Child maltreatment in diverse households: Challenges to law, theory and practice. Journal of Law and Society, 35, 75–94.

    Article  Google Scholar 

  • Bunting, L., Lazenbatt, A., & Wallace, I. (2010). Information sharing and reporting systems in the UK and Ireland: Professional barriers to child maltreatment concerns. Child Abuse Review, 19, 187–202.

    Article  Google Scholar 

  • Busch, M., Wall, J. R., Koch, S., et al. (2008). Addressing the disproportionate representation of children of color: A collaborative community approach. Child Welfare, 87, 255–278.

    Google Scholar 

  • Cancian, M., Slack, K., & Yang, M. (2009). The effect of poverty on risk of child maltreatment (Discussion Paper 1385–10). Institute for Research on Poverty. Available from http://www.irp.wisc.edu/publications/dps/pdfs/dp138510.pdf

  • Carmody Inquiry: Queensland Child Protection Commission of Inquiry. (2013). Taking responsibility: A roadmap for Queensland child protection. Brisbane: Queensland Child Protection Inquiry.

    Google Scholar 

  • Cashmore, J. (2002). Mandatory reporting: Is it the culprit? Where is the evidence? Developing Practice: The Child, Youth and Family Work Journal, 4, 9–12.

    Google Scholar 

  • Church, W. T. (2006). From start to finish: The duration of Hispanic children in out of home placements. Children and Youth Services Review, 28, 1007–1023.

    Article  Google Scholar 

  • CT v Commissioner for Children and Young People and Child Guardian [2012] QCAT 354.

    Google Scholar 

  • Davidov, D., Jack, S., Frost, S., et al. (2012). Mandatory reporting in the context of home visitation programs: Intimate partner violence and children’s exposure to intimate partner violence. Violence Against Women, 18, 595–610.

    Article  Google Scholar 

  • Delaronde, S., King, G., Bendel, R., et al. (2000). Opinions among mandated reporters toward child maltreatment reporting policies. Child Abuse and Neglect, 24(7), 901–910.

    Article  Google Scholar 

  • Department of Communities, Child Safety and Disability Services. (2013). What is child abuse? Queensland Government. Available from http://www.communities.qld.gov.au/childsafety/protecting-children/what-is-child-abuse

  • Derezotes, D. (2009). Child welfare commentary, racial and ethnic disparity and disproportionality in child welfare and juvenile justice: A compendium (pp. 41–46). Chicago: Centre for Juvenile Justice Reform, University of Chicago.

    Google Scholar 

  • Dettlaff, A. J., Rivaux, S. L., Baumann, D. J., et al. (2009). Disentangling substantiation: The influence of race, income, and risk on the substantiation decision in child welfare. Children and Youth Services Review, 33(9), 1630–1637.

    Article  Google Scholar 

  • Dingwall, R. (1997). Accounts, interviews and observations. In G. Miller & R. Dingwall (Eds.), Context and method in qualitative research (pp. 52–66). London: Sage.

    Google Scholar 

  • Doreian, P., & Woodard, K. L. (1992). Fixed list versus snowball selection of social networks. Social Science Research, 21, 216–233.

    Article  Google Scholar 

  • Douglas, H., & Walsh, T. (2009). Mothers and the child protection system. International Journal of Law, Policy and the Family, 23(2), 211–229.

    Article  Google Scholar 

  • Douglas, H., & Walsh, T. (2010). Mothers, domestic violence and child protection (symposium centrepiece). Violence Against Women, 16(5), 489–508.

    Article  Google Scholar 

  • Douglas, H., & Walsh, T. (2013). Continuing the stolen generations: Child protection interventions and indigenous people. The International Journal of Children’s Rights, 21(1), 59–87.

    Article  Google Scholar 

  • Douglas, H., Walsh, T., & Blore, K. (2009). Mothers and the child protection system (Research Report). Brisbane: The University of Queensland.

    Google Scholar 

  • Drake, B., Moo, S., & Jonson-Reid, M. (2009). Race and child maltreatment reporting: Are blacks overrepresented? Children and Youth Services Review, 31, 309–316.

    Article  Google Scholar 

  • Drake, B., Jolley, J., Lanier, P., et al. (2011). Racial bias in child protection? A comparison of competing explanations using national data. Pediatrics, 127(3), 471–478.

    Article  Google Scholar 

  • Eisbach, S., & Driessnack, M. (2010). Am I sure I want to go down this road? Hesitations in the reporting of child maltreatment by nurses. Journal for Specialists in Pediatric Nursing, 15(4), 317–323.

    Article  Google Scholar 

  • Feng, J., Chen, Y., Fettzer, S., et al. (2012). Ethical and legal challenges of mandated child abuse reports. Children and Youth Services Review, 34, 276–280.

    Article  Google Scholar 

  • Gielen, A. C., Schollenberger, J., & Dienman, J. (2000). Women’s opinions about domestic violence screening and mandatory reporting. American Journal of Preventive Medicine, 19(4), 279–285.

    Article  Google Scholar 

  • Gunn, V., Hickson, G., & Cooper, W. (2005). Factors effecting paediatricians’ reporting of suspected child maltreatment. Ambulatory Pediatrics, 5, 96–101.

    Article  Google Scholar 

  • Hughes, J., Chau, S., & Poff, D. (2011). “They’re not my favourite people”: What mothers who have experienced intimate partner violence say about involvement in the child protection system. Children and Youth Services Review, 33, 1084–1089.

    Article  Google Scholar 

  • Jacob, A., & Fanning, D. (2006). Report on child protection services in Tasmania. Hobart: Department of Health and Human Services.

    Google Scholar 

  • Jaffe, P., Crooks, C., & Wolfe, D. (2003). Legal and policy responses to children exposed to domestic violence: The need to evaluate intended and unintended consequences. Clinical Child and Family Psychological Review, 6(3), 205–213.

    Article  Google Scholar 

  • Kaur, J. (2012). Cultural diversity and child protection: Australian research review on the needs of culturally and linguistically diverse (CALD) and refugee children and families. Cleveland: JK Diversity Consultants.

    Google Scholar 

  • Keegan Eamon, M., & Kopels, S. (2004). ‘For reasons of poverty’: Court challenges to child welfare practices and mandated programs. Children and Youth Services Review, 26, 821–836.

    Article  Google Scholar 

  • Kidd, P. S., & Parshall, M. B. (2000). Getting the focus and the group: Enhancing analytical rigor in focus group research. Qualitative Health Research, 10, 293–308.

    Article  Google Scholar 

  • Kitzinger, J. (1994). The methodology of focus groups: The importance of interaction between research participants. Sociology of Health and Illness, 16, 103–121.

    Article  Google Scholar 

  • Lewis, J., & Welsh, E. (2005). Fathering practices in twenty-six intact families and the implications for child contact. International Journal of Law in Context, 1, 81–99.

    Article  Google Scholar 

  • Marts, E., Eun-Kyoung, O. L., McRoy, R., et al. (2008). Point of engagement: Reducing disproportionality and improving child and family arguments. Child Welfare, 87(2), 335–358.

    Google Scholar 

  • Masson, J. (2008). The state as parent: The reluctant parent? The problems of parents of last resort. Journal of Law and Society, 35(1), 52–74.

    Article  Google Scholar 

  • Mathews, B. (2012). Exploring the contested role of mandatory reporting laws in the identification of severe child abuse and neglect. In M. Freeman (Ed.), Current legal issues: Vol. 14. Law and childhood studies (pp. 302–338). Oxford: Oxford University Press.

    Chapter  Google Scholar 

  • Mathews, B., & Bross, D. C. (2008). Mandated reporting is still a policy with reason: Empirical evidence and philosophical grounds. Child Abuse and Neglect, 32, 511–516.

    Article  Google Scholar 

  • Mathews, B., & Kenny, M. (2008). Mandatory reporting legislation in the USA, Canada and Australia: A cross-jurisdictional review of key features, differences and issues. Child Maltreatment, 13, 50–63.

    Article  Google Scholar 

  • Mathews, B., Walsh, K., & Fraser, J. A. (2006). Mandatory reporting by nurses of child abuse and neglect. Journal of Law and Medicine, 13, 505–517.

    Google Scholar 

  • McConnell, D., & Llewellyn, G. (2005). Social inequality, the “deviant parent” and child protection practice. Australian Journal of Social Issues, 40(4), 553–566.

    Google Scholar 

  • McGlade, H. (2012). Our greatest challenge: Aboriginal children and human rights. Canberra: Aboriginal Studies Press.

    Google Scholar 

  • Melton, G. (2005). Mandated reporting: A policy without reason. Child Abuse and Neglect, 29, 9–18.

    Article  Google Scholar 

  • Miles, M. B., & Huberman, A. M. (1994). Qualitative data analysis: An expanded sourcebook (2nd ed.). Thousand Oaks: Sage.

    Google Scholar 

  • Owhe, J. (2013). Indicated reports of child abuse or maltreatment: When suspects become victims. Family Court Review, 51(2), 316–329.

    Article  Google Scholar 

  • Penn, H., & Gough, D. (2002). The price of a loaf of bread: Some conceptions of family support. Children and Society, 16(1), 17–32.

    Article  Google Scholar 

  • Pietrantonio, A. M., Wright, E., Gibson, K., et al. (2013). Mandatory reporting of child abuse and neglect: Crafting a positive process for health professionals and caregivers. Child Abuse and Neglect, 37, 102–109.

    Article  Google Scholar 

  • Rath, A. (2001) Permanency planning and adoption (Briefing Paper No. 2/2001). Sydney: NSW Parliamentary Library Research Service.

    Google Scholar 

  • Roberts, D. (2007). Child welfare’s paradox. William and Mary Law Review, 49, 881–901.

    Google Scholar 

  • Roberts, D. (2008). The racial geography of child welfare: Toward a new research paradigm. Child Welfare, 87(2), 125–150.

    Google Scholar 

  • Roberts, D. (2012). Prison, and foster care: The systemic punishment of black mothers. UCLA Law Review, 59, 1474–1500.

    Google Scholar 

  • Scott, D. (2013). Child protection statistics for aboriginal and Torres Strait Islander children. Australian Institute of family Studies. Available from http://www.aifs.gov.au/cfca/pubs/factsheets/a142117/index.html

  • Sege, R., Flaherty, E., Jones, R., et al. (2011). To report or not to report: Examination of the initial primary care management of suspicious childhood injuries. Academic Pediatrics, 11(6), 460–466.

    Article  Google Scholar 

  • Smith, A., & Parsons Winokur, K. (2004). What doctors and policymakers should know: Battered women’s views about mandatory reporting laws. Journal of Criminal Justice, 32, 207–221.

    Article  Google Scholar 

  • Stretch, R. (2003). The duty to report child abuse in France, lessons for England? Child and Family Law Quarterly, 15, 139–154.

    Google Scholar 

  • Takis, A. (2008). The mandatory reporting debate. Macquarie Law Journal, 8, 125–152.

    Google Scholar 

  • Thomson, J. (2003). This is nothing new: Child protection concerns and poverty. Children Australia, 28(1), 4–10.

    Google Scholar 

  • Tomison, A. (2002a). Mandatory reporting: A question of theory versus practice. Developing Practice, 4, 13–17.

    Google Scholar 

  • Tomison, A. (2002b). Preventing child abuse: Changes to family support in the 21st century. National Child Protection Clearinghouse, 17, 1–24.

    Google Scholar 

  • Vulliamy, A., & Sullivan, R. (2000). Reporting child abuse: Pediatricians’ experiences with child protection system reporting. Child Abuse and Neglect, 24(11), 1461–1470.

    Article  Google Scholar 

  • Walsh, T., & Douglas, H. (2008). Homelessness and legal needs: A South Australia and Western Australia case study. Adelaide Law Review, 29(2), 359–380.

    Google Scholar 

  • Walsh, T., & Douglas, H. (2009). Legal responses to child protection, Poverty and Homelessness. Journal of Social Welfare and Family Law, 31(2), 133–146.

    Article  Google Scholar 

  • Walsh, T., & Douglas, H. (2012). Lawyers’ views of decision-making in child protection matters: The tension between adversarialism and collaborative approaches. Monash University Law Review, 38(2), 181–211.

    Google Scholar 

  • Wekerle, C. (2013). Resilience in the context of child maltreatment: Connection to the practice of child maltreatment. Child Abuse and Neglect, 37, 93–101.

    Article  Google Scholar 

  • Wiseman, H. (2008). Failed by the system. Australian Doctor, 22, 13–14.

    Google Scholar 

Download references

Author information

Authors and Affiliations

  1. Law School, The University of Queensland, St Lucia, QLD, Australia

    Heather Douglas & Tamara Walsh

Authors
  1. Heather Douglas
    View author publications

    You can also search for this author in PubMed Google Scholar

  2. Tamara Walsh
    View author publications

    You can also search for this author in PubMed Google Scholar

Corresponding author

Correspondence to Heather Douglas .

Editor information

Editors and Affiliations

  1. Australian Centre for Health Law Research, Faculty of Law, Queensland University of Technology, Brisbane, Queensland, Australia

    Ben Mathews

  2. Program in Pediatric Law, Policy and Ethics, Kempe Center for the Prevention and Treatment of Child Abuse and Neglect, Aurora, Colorado, USA

    Donald C. Bross

Rights and permissions

Reprints and permissions

Copyright information

© 2015 Springer Science+Business Media Dordrecht

About this chapter

Cite this chapter

Douglas, H., Walsh, T. (2015). Mandatory Reporting of Child Abuse and Marginalised Families. In: Mathews, B., Bross, D. (eds) Mandatory Reporting Laws and the Identification of Severe Child Abuse and Neglect. Child Maltreatment, vol 4. Springer, Dordrecht. https://doi.org/10.1007/978-94-017-9685-9_23

Download citation

Publish with us

Policies and ethics

Search

Navigation