Why Report Child Abuse?

Reporting suspicions of child abuse is fraught with danger.

Several years ago, my mother-in-law, a school teacher, reported to the county sheriff her conviction that several children from a particular family were being abused at home. Within two days, the mother in the family called and threatened her.

Recently, a teacher in a school district south of here called and asked what she could do about a mother who was accusing her of committing all kinds of abominable crimes against her students. The teacher had reported to her principal that she had observed the mother abuse her child in the presence of the teacher. The principal called the Division of Child and Family Services (DCFS). The teacher wanted to know what UEA could do about the parent.

Section 53A-6-502, Utah Code Annotated 1953, requires every educator "who has reasonable cause to believe that a student may have been physically or sexually abused by a school employee" to "immediately report the belief and all other relevant information to the school principal, superintendent, or to the office." A school administrator who receives such a report must communicate the "information to DCFS." Additionally, the failure to make the required reports is "considered unprofessional conduct."

Because the law makes the failure to report "unprofessional conduct," both the school district and the Utah Professional Practices Advisory Commission (UPPAC) can take action against the educator's employment in the case of the district, and against the educator's license in the case of the UPPAC.

Another reporting requirement was enacted by the Utah Legislature in response to the paranoia of a few parents who were concerned that nefarious forces were at work in the psychological testing industry and in the public schools to learn all sorts of things about the private lives and opinions of students and their families. To prohibit this kind of testing and questioning, the Legislature required parents to be notified and give prior written consent before questioning or testing students. Section 53A-13-302 requires teachers who learn from tests or inquiries that they "notify the student's parent or guardian without delay" the teacher's belief that there "exists . . . a serious threat to the well-being of [the] student." Hopefully, the serious threat to the well-being of the student is not from the parent to whom the teacher is to report. The "serious threat" must also be reported in the manner below described.

While psychologists are prohibited from disclosing information gained about a patient or client, § 58-61-602 permits psychologists to disclose suspected cases of child abuse. School psychologists are subject to this law.

Most educators know they are required to report suspected cases of child abuse. Many school districts have rules that require educators to report the suspected abuse to the principal. Some of the rules imply or require that the report only be made to the principal. Some of the rules state that the principal is to handle the problem. Several years ago a teacher reported suspected abuse to his principal. The principal did not feel the teacher's basis for concern was sufficient to report the teacher's suspicion to authorities. A year later a child in the family died of abuse. The teacher was concerned about his liability. He had good reason for his concern, as did the principal. The law does not permit the teacher, the principal, or the district, to avoid reporting the suspected abuse.

Section 62A-4a-403 requires:

. . . when any person . . . has reason to believe that a child has been subjected to incest, molestation, sexual exploitation, sexual abuse, physical abuse, or neglect, or who observes a child being subjected to conditions or circumstances which would reasonably result in sexual abuse, physical abuse, or neglect, he shall immediately notify the nearest peace officer, law enforcement agency, or office of the division.

The duty to report suspected child abuse lies with the person who has reason to believe the abuse has occurred. The person must notify the nearest peace officer or the DCFS. The teacher violated the law by not notifying a peace officer or the DCFS. Once the teacher told the principal of his suspicion, the principal also had the responsibility to notify the nearest peace officer or DCFS (assuming the principal gave any credence to the teacher's report). The district was in violation of the law because it had a policy that required the teacher to report to the principal and prohibited the teacher from reporting to law enforcement or the DCFS.

Section 62A-4a-405 requires that, "[a]ny person who has reason to believe that a child has died as a result of child abuse or neglect shall report that fact to the local law enforcement agency. . . ." Again, the duty to report lies with the person who has reason to believe. The responsibility cannot be delegated.

Section 62A-4a-411 provides that "[a]ny person, official, or institution required to report a case of suspected child abuse, child sexual abuse, neglect, fetal alcohol syndrome, or fetal drug dependency, who willfully fails to do so is guilty of a class B misdemeanor."

Educators who fail to report suspected cases of child abuse caused by any person are subject to criminal penalties. Educators who fail to report to their principal suspected cases of child abuse by a district employee have committed "unprofessional conduct" and are subject to disciplinary action by their district and the UPPAC. The educator must report to his building principal, and a peace officer or the DCFS, suspected child abuse caused by a district employee. An educator who relies on a suggestion or directive to not report the suspected child abuse, or on the principal's representation that he will take care of it, may also have violated Utah's criminal conspiracy laws.

While the law provides that reports of suspected child abuse are to remain confidential, too often the parent or somebody else learns the name of the person making the report. The parent or guardian is often outraged and threatens the educator with legal action or physical reprisal. Educators should know that making the report is required by law and that the person making the report cannot be sued successfully as long as the report is made in good faith (with a reasonable basis for making the report).

The Utah Education Association provides its members with support and legal assistance against parents and others who threaten the member for making reports that arise out of the performance of the educator's job. UEA is not constrained by the need to mollify patrons. We represent members and will protect their rights against individuals who threaten them or make their jobs more difficult. Many administrators know how we respond to these problems. They try to accommodate the parent while asking the "union" to get the parent out of the school. It's a good guy, bad guy arrangement. The principal tries to remain in a mediation role and the union takes the hard-nose approach to the problem maker. We know exactly what each other's role is and tacitly agree to it. (Often, the principal will simply tell the irate parent that he would like to do something about it, but the union won't let him.) This is not a bad administrator unwilling to take the heat. It's simply the best way to resolve the problem for all involved. UEA has been a willing accomplice in thousands of disputes resolved in this manner.

Oh yes. About the parent who was accused the teacher of all kinds of abominable acts against her students: we wrote the parent a short and courteous letter in which we told her that she sue her . . . for hundreds of thousands of dollars if she continued to spread these false and malicious lies about the teacher. The parent stopped making the accusations.