Mandated reporter training often tells people that mandated reporters are immune from suit. That training is not completely accurate, because most statutes only protect good faith reports. To avoid immediate dismissal, a plaintiff’s attorney need only allege that the mandated reporter acted in bad faith. In such cases, the mandated reporter eventually may be exonerated,…

The police investigation into staff at the Rainbow House in Clayton, County, Georgia, offers three important lessons for youth organizations. Police have charged an employee, the son of the director, with sexual abuse of a 15-year-old client at the center. According to police reporter, that employee has confessed to sexual contact with the client. Police…

An interesting study from Israel illustrates one of the core flaws that I have found in mandated reporting laws, which is that the emphasis on shifting the report to law enforcement doesn’t offer sufficient help to either the reporters or the victims. Law enforcement is good at one thing — prosecuting crimes — and it…

One question that I often hear from child care centers is how to respond to sexual play between children. As usual, the question is “it depends.” Some types of sexual play are normal and developmentally appropriate, and warrant nothing more than redirection and teaching about social norms. Other types can be signals of sexual abuse…

I have heard many cautious lawyers and more than one self-proclaimed expert claim that elementary school teachers and child care workers should never touch their students. These “no-touch” policies have gone so far as to prevent kids from hugging one another on campuses, and even made adults afraid to help kids apply sunscreen or band-aids…

Organizations that work with teenagers face questions of sexual behavior in several different situations. The most common issues that I see are (1) “sexting,” or sending sexually explicit photos to each other, (2) horseplay that turns sexual, and (3) consensual sex. Whether these require a report to authorities or only an internal response depends on…

One vexing question in the mandated reporter area is when to report children who appear to have no adults supervising them. It is more difficult than most situations of abuse or neglect because there is a growing body of research that children need unsupervised time to develop into psychologically healthy adults. Recent studies, for example,…

The most recent APSAC Advisor has an excellent article about an important issue — the myth that mandated reporters are immune from liability for reporting their suspicions of child abuse. Every training I have ever attended has reassured mandated reporters that they will face no repercussions from making a report. That information is flat-out wrong…

USA Swimming is caught up on the same allegations that roiled USA Gymnastics. An explosive newspaper report and lawsuit allege that USA Swimming covered for pedophile coaches. The group blamed the problems on the prior administration, but like clockwork, the lawsuit recently added USA Swimming as a defendant. According to the lawyers’ press release about…