Title:

Title: Legislation Regarding Mandatory Reporters of Child Abuse and Neglect (Current through December 31, 1999): Arizona.

Institutional Author: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES; NATIONAL CLEARINGHOUSE ON CHILD ABUSE AND NEGLECT INFORMATION

Author Affiliation: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Administration for Children and Families, Administration on Children, Youth and Families, Children's Bureau; NATIONAL CLEARINGHOUSE ON CHILD ABUSE AND NEGLECT INFORMATION, 330 C Street, SW, Washington, DC, 20447, (703) 385-7565, Outside Metropolitan Area: (800) FYI-3366

Source: Reporting Laws Number 2; In: Mandatory Reporters of Child Abuse and Neglect

Internet URL: http://www.calib.com/nccanch

Series: Child Abuse and Neglect State Statutes Elements

Index Terms:
Statute; Arizona; abandonment; Abuse; Child; Child Abuse; conduct; incest; infant; Legislation; Mandatory Reporter; medical treatment; neglect; Physician; practitioner; Report; Reporter; sexual assault; sexual conduct; treatment

Full Text:
ARIZONA

Ariz. Rev. Stat. Ann. Section 13-3620(A) (West, WESTLAW through 1999
1st Reg. Sess. & 2nd Sp. Sess.)

WHO MUST REPORT

* Physicians, hospital interns or residents, surgeons, dentists,
    osteopaths, chiropractors, podiatrists, county medical examiners,
    nurses, psychologists;
* School personnel, social workers, peace officers, parents,
    counselors, clergymen, priests, or any other person having
    responsibility for the care or treatment of children.

CIRCUMSTANCES

When their observation or examination of any minor discloses reasonable
grounds to believe that a minor is or has been the victim of injury,
sexual abuse, sexual conduct with a minor, sexual assault, molestation,
commercial sexual exploitation of a minor, sexual exploitation of a
minor, incest, child prostitution, death, abuse, physical neglect which
appears to have been inflicted on that minor by other than accidental
means or which is not explained by the available medical history as being
accidental in nature, or denial or deprivation of necessary medical
treatment or surgical care or nourishment with the intent to cause or
allow the death of an infant less than one year of age.

PRIVILEGED COMMUNICATIONS

Ariz. Rev. Stat. Ann. Section 13-3620(A) (West, WESTLAW through 1999 1st
Reg. Sess. & 2nd Sp. Sess.)

A clergyman or priest who has received a confidential communication or a
confession in that person's role as a clergyman or priest in the course
of the discipline enjoined by the church to which the clergyman or priest
belongs may withhold reporting of the communication or confession if the
clergyman or priest determines that it is reasonable and necessary within
the concepts of the religion. This exemption applies only to the
communication or confession and not to the personal observations the
clergyman or priest may otherwise make of the minor.

Ariz. Rev. Stat. Ann. Section 8-805(B)-(C) (West Supp. 1998)

Except as provided in the provision exempting clergymen and priests from
examination as witness,
* The physician-patient privilege;
* Husband-wife privilege; or
* Any privilege except the attorney-client privilege;
* Provided for by professions such as the practice of social work or
    nursing covered by law or a code of ethics regarding
    practitioner-client confidences, both as they relate to the
    competency of the witness and to the exclusion of confidential
    communications, shall not pertain in any civil or criminal litigation
    in which a child's neglect, dependency, abuse or abandonment is in
    issue nor in any judicial proceeding resulting from a report
    submitted pursuant to this article.

In any civil or criminal litigation in which a child's neglect,
dependency, abuse or abandonment is an issue, a clergyman or priest shall
not, without his consent, be examined as a witness concerning any
confession made to him in his role as a clergyman or a priest in the
course of the discipline enjoined by the church to which he belongs.

Document Number: CS-0000056

Publication Type: Statutes

Database: US State Statute Series

Title: Legislation Regarding Mandatory Reporters of Child Abuse and Neglect (Current through December 31, 1999): Delaware.

Institutional Author: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES; NATIONAL CLEARINGHOUSE ON CHILD ABUSE AND NEGLECT INFORMATION

Source: Reporting Laws Number 2; In: Mandatory Reporters of Child Abuse and Neglect

Internet URL: http://www.calib.com/nccanch

Series: Child Abuse and Neglect State Statutes Elements

Index Terms:
Statute; Delaware; abandonment; Abuse; Child; Child Abuse; child abuse or neglect; Legislation; Mandatory Reporter; neglect; Physician; Report; Reporter; services

Full Text:
DELAWARE

Del. Code Ann. tit. 16, Section 903 (WESTLAW through 1999 1st Spec.
Sess.)

WHO MUST REPORT

* Physicians; any other persons in the healing arts, including persons
licensed to render services in medicine, osteopathy, or dentistry;
interns; residents; nurses; medical examiners;
* School employees;
* Social workers; psychologists;
* Any other persons.

CIRCUMSTANCES

* When they know or in good faith suspect child abuse or neglect.

PRIVILEGED COMMUNICATIONS

Del. Code Ann. tit. 16, Section 909 (Supp. 1998)

No legally recognized privilege, except that between attorney and client
and that between priest and penitent in a sacramental confession, shall
apply to situations involving known or suspected child abuse, neglect,
exploitation, or abandonment and shall not constitute grounds for failure
to report as required or to give or accept evidence in any judicial
proceeding relating to child abuse or neglect.

Document Number: CS-0000061

Publication Type: Statutes

Database: US State Statute Series

Title: Legislation Regarding Mandatory Reporters of Child Abuse and Neglect (Current through December 31, 1999): Louisiana.

Institutional Author: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES; NATIONAL CLEARINGHOUSE ON CHILD ABUSE AND NEGLECT INFORMATION

Source: Reporting Laws Number 2; In: Mandatory Reporters of Child Abuse and Neglect

Internet URL: http://www.calib.com/nccanch

Series: Child Abuse and Neglect State Statutes Elements

Index Terms:
Statute; Louisiana; Abuse or neglect; Abuse; Child; Child Abuse; Children; employment; Health practitioner; Legislation; Mandatory Reporter; neglect; Police officer; practitioner; professional; Report; Reporter; services

Full Text:
LOUISIANA

La. Children's Code Ann. art. 603(13) (West, WESTLAW through 1999 Reg.
Sess.); 610(F) (West Supp. 1999);

La. Children's Code Ann. art. 609(A)(1) (West 1995)

WHO MUST REPORT

Any of the following individuals performing their occupational duties:
* Health practitioners, including, but not limited to, physicians,
    surgeons, physical therapists, dentists, paramedics, optometrists,
    coroners, or medical examiners;
* Teachers or child care providers, including, but not limited to,
    school principals, teacher's aides, foster home parents, or group
    home staff members;
* Mental health/social services practitioners, including, but not
    limited to, psychiatrists, psychologists, marriage and family
    counselors, and social workers;
* Police officers, law enforcement officials;
* Commercial film or photographic print processors;
* Mediators.

CIRCUMSTANCES

* When they have cause to believe that:
    - A child's physical or mental health or welfare is endangered as a
      result of abuse or neglect; or
    - Abuse or neglect was a contributing factor in a child's death;
* Commercial film or photographic print processors must report when
    they have knowledge of or observe, within the scope of their
    professional capacities or employments, any film, photograph,
    videotape, negative, or slide depicting a child who they know or
    should know is under the age of 17 years which constitutes child
    pornography.

PRIVILEGED COMMUNICATIONS

La. Children's Code Ann. art. 603(13)(b) (West Supp. 1999)

When a priest, rabbi, duly ordained minister, or Christian Science
practitioner has acquired knowledge of abuse or neglect from a person
during a confession or other sacred communication, he shall encourage
that person to report but shall not be a mandatory reporter of that
information given in confession or sacred communication.

La. Children's Code Ann. art. 609(A)(1) (West 1995)

Notwithstanding any claim of privileged communication, any mandatory
reporter who has cause to believe that a child's physical or mental
health or welfare is endangered as a result of abuse or neglect or that
abuse or neglect was a contributing factor in a child's death shall
report in accordance with the reporting laws.

Document Number: CS-0000072

Publication Type: Statutes

Database: US State Statute Series

Title: Legislation Regarding Mandatory Reporters of Child Abuse and Neglect (Current through December 31, 1999): Nevada.

Institutional Author: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES; NATIONAL CLEARINGHOUSE ON CHILD ABUSE AND NEGLECT INFORMATION

Source: Reporting Laws Number 2; In: Mandatory Reporters of Child Abuse and Neglect

Internet URL: http://www.calib.com/nccanch

Series: Child Abuse and Neglect State Statutes Elements

Index Terms:
Statute; Nevada; Abuse; alcohol; Child; Child Abuse; child abuse or neglect; conduct; juvenile; Legislation; Mandatory Reporter; neglect; Physician; practitioner; professional; Report; Reporter; services; treatment

Full Text:
NEVADA

Nev. Rev. Stat. Ann. Section 432B.220(3), (5) (WESTLAW through 1999 Ch.
631)

WHO MUST REPORT

* Physicians; dentists; dental hygienists; chiropractors; optometrists;
    pediatric physicians; medical examiners; residents; interns;
    professional or practical nurses; physicians' assistants; advanced
    emergency medical technicians; other persons providing medical
    services licensed or certified in this State; any personnel of
    hospitals or similar institutions engaged in the admission,
    examination, care, or treatment of persons; administrators, managers,
    or other persons in charge of hospitals or similar institutions upon
    notification of suspected child abuse or neglect by staff members;
    coroners;
* School administrators, teachers, or librarians; any persons who
    maintain or are employed by facilities or establishments that provide
    care for children, children's camps, or other facilities,
    institutions, or agencies furnishing care to children;
* Psychiatrists; psychologists; marriage and family therapists; alcohol
    or drug abuse counselors; social workers; school counselors; any
    persons who maintain, are employed by, or serve as volunteers for
    agencies or services that advise persons regarding child abuse or
    neglect and refer them to persons and agencies where their requests
    and needs can be met;
* Clergymen, practitioners of Christian Science, or religious healers
    (unless they have acquired the knowledge of the abuse or neglect from
    the offenders during confessions); persons licensed to conduct foster
    homes;
* Officers or employees of law enforcement agencies; adult or juvenile
    probation officers; attorneys (unless they have acquired the
    knowledge of the abuse or neglect from clients who are, or may be,
    accused of the abuse or neglect).

CIRCUMSTANCES

* When they, in their professional or occupational capacities, know or
    have reason to believe that a child has been abused or neglected;
* When they have reasonable cause to believe that a child has died as a
    result of abuse or neglect.

PRIVILEGED COMMUNICATIONS

Nev. Rev. Stat. Ann. Section 432B.250 (WESTLAW through 1999 Ch. 631)

Any person who is required to make a report may not invoke any of the
privileges granted under law for his or her failure to report under the
reporting law.

Document Number: CS-0000082

Publication Type: Statutes

Database: US State Statute Series

Title: Sexual Abuse Allegations in Divorce and Custody Cases: Frustrations of Inquiry.

Author: Goldstein, S. L.; Tyler, R. P.

Author Affiliation: Child Abuse Forensic Institute, Napa, CA.

Source: Presented at: The 14th National Symposium on Child Sexual Abuse, Huntsville, AL, March 17, 1998; pp. 442-447

Distributor: National Children's Advocacy Center; 200 Westside Sq., Suite 700, Huntsville, AL 35801; Tel: (205) 533-0531; E-mail: ncacadm@HiWAAY.net

Index Terms:
sexual abuse; child custody; divorce; investigations; disclosure; false allegations

Abstract:
This paper provides guidelines for the investigation of allegations of sexual abuse during divorce and child custody proceedings. Social workers and police investigators are advised to consider who the child told about the abuse, what prompted the disclosure, who has spoken to the child and how they responded to the disclosure, what evidence is available, and if there are any alternative explanations. The investigation should determine whether the allegation is sincere or malicious, and if sincere, whether the abuse actually occurred or whether the child's statements were misinterpreted. The first steps in an investigation are to prevent witnesses from conferring with each other and to prevent the offender from destroying evidence. Attempts should be made to obtain an admission or confession by the offender before he is aware of police involvement. The child should also be examined by a trained medical professional as soon as possible.

Document Number: CD-25918

Publication Type: Proceedings Paper

Database: DOCUMENTS & ARTICLES

Title: Impact of Child Sexual Abuse Medical Examinations on the Dependency and Criminal Systems.

Author: De Jong, A. R.

Author Affiliation: duPont Hospital for Children, Wilmington, DE. Dept. of Pediatrics.

Source: Child Abuse and Neglect; 22(6): pp. 645-652; Oxford (Great Britain), Elsevier Science, Ltd., June 1998

Distributor: Allan R. De Jong; duPont Hospital for Children 1600 Rockland Rd., Wilmington, DE 19899

Index Terms:
sexual abuse; physical examinations; physicians role; courts; criminal justice system; medical evidence; medical research; research reviews

Abstract:
This article describes the role of medical examinations in child sexual abuse criminal and dependency cases. Although medical examinations are conducted primarily to diagnose and treat the child, evidence obtained through the health history, interview, and physical examination can be helpful to obtain protection for the child and to prosecute the abuser. Recent research has found that allegations of sexual abuse are more likely to be prosecuted than other types of abuse. Prosecutors base their decision to charge alleged perpetrators on the strength of the evidence. However, a majority of confessions, guilty pleas, and verdicts are obtained without specific physical evidence. Few studies have explored the use of medical examinations in juvenile and dependency courts. The article outlines several areas for future research that focus on the impact of medical examinations during the investigation and court processes. Recommended study topics include interview techniques, child protection practices influenced by medical evidence, the acceptance or rejection of cases for prosecution, the cost-benefit of expert medical examiners, the format of medical testimony, and the knowledge of court judges, child protective workers, and law enforcement officers about medical evidence. 38 references.

Document Number: CD-26448

Publication Type: Journal Article

Database: DOCUMENTS & ARTICLES

Title: When Partnership is Difficult: Working With Abused Mothers of Abused Children.

Author: McHugh, J.; Hewitt, L.

Author Affiliation: Monash Univ., Melbourne, VIC (Australia)

Source: Australian Social Work; 51(1): pp. 39-44; Australian Association of Social Workers, Ltd, Kingston, ACT (Australia), March 1998

Internet URL: http://www.aasw.asn.au

Distributor: Australian Association of Social Workers, Ltd.; P. O. Box 4956; Tel: (+61) 262-7301 99; (026) 273-0199; Fax: (026) 273-5020; E-mail: aaswnat@aasw.asn.au

Index Terms:
battered women; women abuse; family violence; emotional response; social workers; brainwashing; child abuse; fear

Abstract:
Attention has been given to the links between the various forms of child abuse and family violence. This article examines the emotional impact on women experiencing violence and suggests a model of thought reform, or brainwashing, that describes these women's experience. The psychological steps of the battered women who become brainwashed by their batterers include: assault upon identity, the establishment of guilt; self-betrayal; total conflict and basic fear; leniency and opportunity; the compulsion to confess false accusations; channeling of guilt; re-education of the batterers' ideas, beliefs, and opinions; progress and harmony; the final confession; and re-birth of the woman's thought process. Brainwashing leads battered women to accept their batterers' reality and to develop an enduring bound with their batterers to whom they are extremely loyal. It is important for professionals to understand the role brainwashing plays in the entrapment of women in battering relationships. The implications for social work practitioners in working with these women and their children is discussed. The authors argue that if women have experienced the thought reform process described, then it will be difficult for them to act in ways that will enable them to effectively protect their children. Numerous references. (Author abstract modified)

Document Number: CD-28187

Publication Type: Journal Article

Database: DOCUMENTS & ARTICLES

Title: Legislation Regarding Mandatory Reporters of Child Abuse and Neglect (Current through December 31, 1999): California.

Institutional Author: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES; NATIONAL CLEARINGHOUSE ON CHILD ABUSE AND NEGLECT INFORMATION

Source: Reporting Laws Number 2; In: Mandatory Reporters of Child Abuse and Neglect

Internet URL: http://www.calib.com/nccanch

Series: Child Abuse and Neglect State Statutes Elements

Index Terms:
Statute; California; Abuse; Child; Child Abuse; employment; Health practitioner; Legislation; Mandatory Reporter; penitential communication; Physician; practitioner; professional; reasonable suspicion; Report; Reporter; Sexual intercourse; subdivision; youth

Full Text:
CALIFORNIA

Cal. Penal Code Section 11166(a), (c), (e); 11165.7(a) (West Supp.
1998); 11165.8 (West, WESTLAW through 1999 portion of 1999-2000 Reg.
Sess. & 1st Ex. Sess.)

WHO MUST REPORT

* Health practitioners;
    - Physician, surgeon, psychiatrist, psychologist, dentist, resident,
      intern, podiatrist, chiropractor, licensed nurse, dental hygienist,
      or optometrist;
    - Marriage, family and child counselor;
    - Clinical social worker;
    - Any emergency medical technician I or II, or paramedic;
    - Psychological assistant;
    - A marriage, family and child counselor trainee;
    - An unlicensed marriage, family and child counselor intern;
    - A State or county public health employee who treats a minor for
      venereal diseases or any other condition;
    - A coroner; and
    - A medical examiner, or any other person who performs autopsies;
* Child care custodians;
    - Teacher, instructional aide, teacher's aide, or teacher's assistant
      employed by any public or private school;
    - Classified employee of any public school;
    - Administrative officer, supervisor of child welfare and attendance,
      or a certificated pupil personnel employee of any public or private
      school;
    - Administrator or employee of a public or private youth center,
      youth recreation program, or youth organization;
    - Administrator or employee of a public or private organization whose
      duties require direct contact and supervision of children;
    - A licensee, administrator, or employee of a licensed community care
      or child day-care facility;
    - Headstart care institution;
    - Social worker, probation officer, or parole officer;
    - Employee of a school district police or security department;
    - Counselor in a child abuse prevention program in any public or
      private school;
    - District attorney investigator, inspector, or family support
      officer; and
    - Peace officer;
* Employees of child protective agencies; child visitation monitors;
* Firefighters; animal control officers; humane safety officers;
* Commercial film and photographic print processors;
* Clergy members;
* Law enforcement officials.

CIRCUMSTANCES

* When they have knowledge of or observe a child in their professional
    capacities or within the scope of their employment, whom they know or
    reasonably suspect has been the victim of child abuse;
* When they have knowledge of or reasonably suspect that mental
    suffering has been inflicted upon a child or that his or her
    emotional well-being is endangered in any other way;
* Commercial film and photographic print processors must report when
    they have knowledge of or observe, within the scope of their
    professional capacity or employment, any film, photograph, videotape,
    negative, or slide depicting a child under the age of 16 years
    engaged in any of the following:
    - Sexual intercourse, including genital-genital, oral-genital,
      anal-genital, or oral-anal, between persons of the same or opposite
      sex or between humans and animals;
    - Penetration of the vagina or rectum by any object;
    - Masturbation for the purpose of sexual stimulation of the viewer;
    - Sadomasochistic abuse for the purpose of sexual stimulation of the
      viewer; or
    - Exhibition of the genitals, pubic, or rectal areas of any person
      for the purpose of sexual stimulation of the viewer.

PRIVILEGED COMMUNICATIONS

Cal. Penal Code Section 11166(e) (West Supp. 1998)

A clergy member who acquires knowledge or reasonable suspicion of child
abuse during a penitential communication is not subject to the
requirement to make a report. For the purposes of this subdivision,
"penitential communication" means a communication, intended to be in
confidence, including, but not limited to, a sacramental confession, made
to a clergy member who, in the course of the discipline or practice of
his or her church, denomination, or organization, is authorized or
accustomed to hear those communications, and under the discipline,
tenets, customs, or practices of his or her church, denomination, or
organization, has a duty to keep those communications secret.

Nothing in this subdivision shall be construed to modify or limit a
clergy member's duty to report known or suspected child abuse when he or
she is acting in the capacity of a child care custodian, health
practitioner, employee of a child protective agency, child visitation
monitor, firefighter, animal control officer, humane society officer, or
commercial film print processor.

Document Number: CS-0000058

Publication Type: Statutes

Database: US State Statute Series

Title: Legislation Regarding Mandatory Reporters of Child Abuse and Neglect (Current through December 31, 1999): Idaho.

Institutional Author: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES; NATIONAL CLEARINGHOUSE ON CHILD ABUSE AND NEGLECT INFORMATION

Source: Reporting Laws Number 2; In: Mandatory Reporters of Child Abuse and Neglect

Internet URL: http://www.calib.com/nccanch

Series: Child Abuse and Neglect State Statutes Elements

Index Terms:
Statute; Idaho; abandonment; Abuse; care center; Child; Child Abuse; circumstances; Legislation; Mandatory Reporter; neglect; Physician; professional; Report; Reporter

Full Text:
IDAHO

Idaho Code Section 16-1619(a) (Supp. 1998)

WHO MUST REPORT

* Physicians; residents on hospital staffs; interns; nurses;
    coroners;
* School teachers; day-care personnel;
* Social workers;
* Any other persons.

CIRCUMSTANCES

* When they have reason to believe that a child under the age of 18 has
    been abused, abandoned, or neglected;
* When they observe a child being subjected to conditions or
    circumstances which would reasonably result in abuse, abandonment, or
    neglect.

PRIVILEGED COMMUNICATIONS

Idaho Code Section 16-1619(c) (Supp. 1998)

The notification requirements do not apply to a duly ordained minister of
religion, with regard to any confession or confidential communication
made to him in his ecclesiastical capacity in the course of discipline
enjoined by the church to which he belongs if:
* The church qualifies as tax-exempt under Federal statute;
* The confession or confidential communication was made directly to the
    duly ordained minister of religion; and
* The confession or confidential communication was made in the manner
    and context which places the duly ordained minister of religion
    specifically and strictly under a level of confidentiality that is
    considered inviolate by canon law or church doctrine. A confession
    or confidential communication made under any other circumstances does
    not fall under this exemption.

Idaho Code Section 16-1620 (Supp. 1998)

Any privilege between husband and wife, or between any professional
person except the lawyer-client privilege, including but not limited to
physicians, counselors, hospitals, clinics, day-care centers and schools
and their clients shall not be grounds for excluding evidence at any
proceeding regarding the abuse, abandonment or neglect of the child or
the cause thereof.

Document Number: CS-0000066

Publication Type: Statutes

Database: US State Statute Series

Title: Polymicrobial Bacteremia: A Presentation of Munchausen Syndrome by Proxy.

Author: Seferian, E. G.

Author Affiliation: Chicago Univ., IL. Dept. of Pediatrics.

Source: Clinical Pediatrics; 36(7): pp. 419-422; Westminster Publications, Inc., Glen Head, NY., July 1997

Distributor: Edward G. Seferian; Chicago Univ. Departments of Medicine and Pediatrics 5841 S. Maryland Ave., MC 6054, Chicago, IL 60637

Index Terms:
munchausen syndrome by proxy; diagnoses; physical examinations; case studies

Abstract:
This article describes a case of Munchausen syndrome by proxy in a six year old boy presenting with symptoms of polymicrobial sepsis. The boy had been admitted to the hospital for diagnosis and treatment of severe headaches and vomiting. Blood cultures revealed Bacteroides fragilis, Candida albicans, E. coli, and alpha hemolytic Streptococcus. After extensive investigation, CT scans, bone marrow aspirates, and other laboratory tests, the medical staff suspected that the intravenous lines were being contaminated. The mother eventually confessed and the family received psychiatric treatment. A commentary following the article suggests that Munchausen syndrome by proxy should have been considered earlier in the diagnostic process. Characteristics of the disorder are described. 16 references.

Document Number: CD-25558

Publication Type: Journal Article

Database: DOCUMENTS & ARTICLES

Title: Persistent Cerebrospinal Fluid Otorrhea: A Case of Munchausen's syndrome By Proxy.

Author: Mra, Z.; MacCormick, J. A.; Poje, C. P.

Author Affiliation: Children's Hospital of Buffalo, NY. Dept. of Otolaryngology.

Source: International Journal of Pediatric Otorhinolaryngology; 41(1): pp. 59-63; Elsevier Science, New York, NY., July 18, 1997

Internet URL: http://www.elsevier.com

Distributor: Elsevier Science; P. O. Box 945, New York, NY 10159-0945; Tel: (888) 437-4636; E-mail: usinfo-f@elsevier.com

Index Terms:
munchausen syndrome by proxy; etiology; detection; diagnoses; case studies

Abstract:
This article reviews the case of a young child who initially presented with recurrent bacterial meningitis one year after significant head trauma and was found to have cerebrospinal fluid (CSF) leakage into the middle ear. Surgical procedures were devised to attempt to stop this abnormal flow, but inexplicable clear otorrhea biochemically identical to CSF persisted for weeks. The child's mother was apparently soaking the surgical dressings with CSF obtained through a lumbar drain and confessed to this activity after she was found to have tampered with an intravenous catheter. This activity resulted in a prolonged hospital stay and several presumably unnecessary procedures. The article describes the characteristics of Munchausen syndrome by proxy and stresses the role of communication of suspicion between various health care workers. The medical and social settings in which this disorder is prevalent are covered. Early detection of this entity is essential in rescuing the victim from life-threatening abuse and in obtaining appropriate therapy for the abuser. 14 references. (Author abstract)

Document Number: CD-25571

Publication Type: Journal Article

Database: DOCUMENTS & ARTICLES

Title: A Validational Study of the Structured Interview of Symptoms Associated With Sexual Abuse (SASA) Using Three Samples of Sexually Abused, Allegedly Abused, and Nonabused Boys.

Author: Wells, R.; McCann, J.; Adams, J.; Voris, J.; Dahl, B.

Author Affiliation: Valley Children's Hospital, Fresno, CA. Dept. of Pediatric Research.

Source: Child Abuse and Neglect; 21(12): pp. 1159-1167; Elsevier Science Ltd., New York, NY., December 1997

Distributor: Robert D. Wells; Valley Children's Hospital 3151 N. Millbrook Ave., Fresno, CA 93703

Index Terms:
validity; assessment; measures; male victims; sexual abuse; interviews; child behavior; parental attitudes

Abstract:
This study evaluated the discriminant validity of a structured parent interview regarding emotional, behavioral, and physical symptoms by comparing results among three subsamples of age matched boys: 22 sexually abused boys whose perpetrator confessed, 47 boys evaluated in a sexual abuse clinic but without a history or perpetrator confession, and 52 nonabused boys selected after rigorous screening. In comparison with the nonabused boys, the sexually abused boys were significantly more likely to demonstrate sudden emotional and behavioral changes, frequent stomachaches, more knowledge about sex and sexual activities than expected for age, unusual aggressiveness toward playmate or toy's private parts, crying easily, difficulty getting to sleep, and a change to poor school performance. The internal reliability of the Structured Interview of Symptoms Associated with Sexual Abuse (SASA) was determined to be .83 and scoring of an abbreviated 12-item scale demonstrated a sensitivity of 90.9 percent and a specificity of 88.5 percent. The findings suggest that the SASA is an effective tool which may help in the comprehensive assessment of boys who may have been sexually abused. 30 references and 3 tables. (Author abstract)

Document Number: CD-32583

Publication Type: Journal Article

Database: DOCUMENTS & ARTICLES

Title: Legislation Regarding Mandatory Reporters of Child Abuse and Neglect (Current through December 31, 1999): Montana.

Institutional Author: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES; NATIONAL CLEARINGHOUSE ON CHILD ABUSE AND NEGLECT INFORMATION

Source: Reporting Laws Number 2; In: Mandatory Reporters of Child Abuse and Neglect

Internet URL: http://www.calib.com/nccanch

Series: Child Abuse and Neglect State Statutes Elements

Index Terms:
Statute; Montana; Abuse; advocate; Child; Child Abuse; Legislation; Mandatory Reporter; neglect; Physician; practitioner; professional; Report; Reporter; treatment

Full Text:
MONTANA

Mont. Code Ann. Section 41-3-201(1)-(2) (1997)

WHO MUST REPORT

* Physicians; residents; interns; members of hospitals' staffs engaged
    in the admission, examination, care, or treatment of persons; nurses;
    osteopaths; chiropractors; podiatrists; medical examiners; coroners;
    dentists; optometrists; any other health professionals;
* School teachers; other school officials; employees who work during
    regular school hours; operators or employees of any registered or
    licensed day-care or substitute care facility; any other operators or
    employees of child care facilities;
* Mental health professionals; social workers;
* Christian Science practitioners; religious healers; foster care,
    residential, or institutional workers; clergy; guardian ad litem,
    court appointed advocate authorized to investigate a report;
* Peace officers; other law enforcement officials.

CIRCUMSTANCES

* When they know or have reasonable cause to suspect, as a result of
    information they receive in their professional or official capacity,
    that a child is abused or neglected. PRIVILEGED COMMUNICATIONS

Mont. Code Ann. Section 41-3-201(4) (1997)

Except as provided in the subsections below, a person listed as a
mandated reporter may not refuse to make a report as required in this
section on the grounds of a physician-patient or similar privilege.

A clergyperson or priest is not required to make a report under this
section if:
* The knowledge or suspicion of the abuse or neglect came from a
    statement or confession made to the clergyperson or priest in that
    person's capacity as a clergyperson or priest;
* The statement was intended to be a part of a confidential
    communication between the clergyperson or priest and a member of the
    clergyperson's or priest's church or congregation; and
* The person who made the statement or confession does not consent to
    the disclosure by the clergyperson or priest.

A clergyperson or priest is not required to make a report under this
section if the communication is required to be confidential by canon law,
church doctrine, or established church practice.

Document Number: CS-0000080

Publication Type: Statutes

Database: US State Statute Series

Title: Legislation Regarding Mandatory Reporters of Child Abuse and Neglect (Current through December 31, 1999): Utah.

Institutional Author: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES; NATIONAL CLEARINGHOUSE ON CHILD ABUSE AND NEGLECT INFORMATION

Source: Reporting Laws Number 2; In: Mandatory Reporters of Child Abuse and Neglect

Internet URL: http://www.calib.com/nccanch

Series: Child Abuse and Neglect State Statutes Elements

Index Terms:
Statute; Utah; Abuse; Child; Child Abuse; circumstances; Legislation; Mandatory Reporter; Molestation; neglect; professional; Report; Reporter; Sexual abuse; Sexual exploitation

Full Text:
UTAH

Utah Code Ann. Section 62A-4a-403(1) (1997)

WHO MUST REPORT

* Persons licensed under the Medical Practice Act or the Nurse Practice
    Act;
* Any persons.

CIRCUMSTANCES

* When they have reason to believe that a child has been subjected to:

    - Incest;
    - Molestation;
    - Sexual exploitation;
    - Sexual abuse;
    - Physical abuse; or
    - Neglect;
* When they observe a child being subjected to conditions or
    circumstances which would reasonably result in sexual abuse, physical
    abuse, or neglect.

PRIVILEGED COMMUNICATIONS

Utah Code Ann. Section 62A-4a-403(2), (3) (1997)
* The reporting requirements do not apply to a clergyman or priest,
    without consent of the person making the confession, with regard to
    any confession made to him in his professional character:
    - If the confession was made directly to the clergyman or priest by
      the perpetrator; and
    - The clergyman or priest is, under canon law or church doctrine or
      practice, bound to maintain the confidentiality of that
      confession;
* When a clergyman or priest receives information about abuse or
    neglect from any source other than confession of the perpetrator, he
    is required to give notification on the basis of that information
    even though he may have also received a report of abuse or neglect
    from the confession of the perpetrator. Exemption from reporting
    laws does not exempt a clergyman or priest from any other efforts
    required by law to prevent further abuse or neglect by the
    perpetrator.

Utah Code Ann. Section 62A-4a-412(5) (Supp. 1998)

The physician-patient privilege is not a ground for excluding evidence
regarding a child's injuries or the cause of those injuries, in any
proceeding resulting from a report made in good faith pursuant to the
reporting law.

Document Number: CS-0000098

Publication Type: Statutes

Database: US State Statute Series

Title: Legislation Regarding Mandatory Reporters of Child Abuse and Neglect (Current through December 31, 1999): Wyoming.

Institutional Author: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES; NATIONAL CLEARINGHOUSE ON CHILD ABUSE AND NEGLECT INFORMATION

Source: Reporting Laws Number 2; In: Mandatory Reporters of Child Abuse and Neglect

Internet URL: http://www.calib.com/nccanch

Series: Child Abuse and Neglect State Statutes Elements

Index Terms:
Statute; Wyoming; Abuse; advocate; Child; Child Abuse; circumstances; Legislation; Mandatory Reporter; neglect; Report; Reporter; sexual assault

Full Text:
WYOMING

Wyo. Stat. Ann. Section 14-3-205(a) (Michie 1997)

WHO MUST REPORT

* Any persons.

CIRCUMSTANCES

* When they know or have reasonable cause to believe or suspect that a
    child has been abused or neglected;
* When they observe any child being subjected to conditions or
    circumstances that would reasonably result in abuse or neglect.

PRIVILEGED COMMUNICATIONS

Wyo. Stat. Ann. Section 14-3-210 (Michie 1997)

Evidence regarding a child in any judicial proceeding resulting from a
report made pursuant to the reporting laws shall not be excluded on the
ground it constitutes a privileged communication:
* Between husband and wife;
* Claimed under provision of law other than those regarding
    attorney-client, physician-patient, or clergy concerning confessions
    received;
* Claimed pursuant to statute regarding the confidential communication
    between a family violence and sexual assault advocate and victim.

Document Number: CS-0000104

Publication Type: Statutes

Database: US State Statute Series

Title: Sexual Abuse Allegations in Divorce and Custody Cases: Frustrations of Inquiry.

Author: Goldstein, S. L.; Tyler, R. P.

Author Affiliation: Child Abuse Forensic Institute, Concord, CA.

Source: In: Ventrell, M. R. (Editor). Child Advocacy at a Crossroads: The Development and Direction of Children's Law in America. National Association of Counsel for Children, Denver, CO, 1996; pp. 207-218

Internet URL: http://NACCchildlaw.org

Distributor: National Association of Counsel for Children; 1825 Marion St., Suite 340, Denver, CO 80218; Tel: (303) 864-5320; E-mail: advocate@NACCchildlaw.org

Index Terms:
sexual abuse; divorce; custody disputes; investigations; evidence; physical examinations

Abstract:
This chapter focuses on the issues, concerns, and questions that should be considered by lawyers representing children or parents in cases involving allegations of sexual abuse within the context of family law or domestic relations proceedings. These cases present law enforcement, legal, and social service personnel with various problems, including conducting competent investigations with fewer investigators and discerning valid allegations from false ones in situations that may impugn the veracity of the disclosure. The authors discuss investigative concerns that should be addressed following the disclosure of abuse, including determining whether investigators can prevent witnesses from talking with one another prior to giving statements, obtaining information about the alleged abuse and then attempting to get a confession from the offender, securing and preserving evidence, and conducting medical examinations as soon as possible. They