Child Abuse Scenario... - Page 2 - U.S. Politics Online: A Political Discussion Forum

Sunshine · #16 (**permalink**) 09-29-2009

Here is what TN law says:

Quote:

37-1-403. Reporting of brutality, abuse, neglect or child sexual abuse — Notification to parents of abuse on school grounds or under school supervision — Confidentiality of records. —

(a) (1) Any person who has knowledge of or is called upon to render aid to any child who is suffering from or has sustained any wound, injury, disability, or physical or mental condition shall report such harm immediately if the harm is of such a nature as to reasonably indicate that it has been caused by brutality, abuse or neglect or that, on the basis of available information, reasonably appears to have been caused by brutality, abuse or neglect.
(2) Any such person with knowledge of the type of harm described in this subsection (a) shall report it, by telephone or otherwise, to the:

(A) Judge having juvenile jurisdiction over the child;

(B) Department, in a manner specified by the department, either by contacting a local representative of the department or by utilizing the department's centralized intake procedure, where applicable;

(C) Sheriff of the county where the child resides; or

(D) Chief law enforcement official of the municipality where the child resides.

(3) If any such person knows or has reasonable cause to suspect that a child has been sexually abused, the person shall report such information in accordance with § 37-1-605, relative to the sexual abuse of children, regardless of whether such person knows or believes that the child has sustained any apparent injury as a result of such abuse.

(b) The report shall include, to the extent known by the reporter, the name, address, and age of the child, the name and address of the person responsible for the care of the child, and the facts requiring the report. The report may include any other pertinent information.

(c) (1) If a law enforcement official or judge becomes aware of known or suspected child abuse, through personal knowledge, receipt of a report, or otherwise, such information shall be reported to the department immediately and, where appropriate, the child protective team shall be notified to investigate the report for the protection of the child in accordance with the provisions of this part. Further criminal investigation by such official shall be appropriately conducted in coordination with the team or department to the maximum extent possible.

(2) A law enforcement official or judge who knows or becomes aware of a person who is convicted of a violation of § 55-10-401 and sentenced under the provisions of § 55-10-403(a)(1)(B), because such person was at the time of the offense accompanied by a child under eighteen (18) years of age, shall report such information, as provided in subdivision (c)(1), and the department shall consider such information to be appropriate for investigation in the same manner as other reports of suspected child abuse or neglect.

(d) Any person required to report or investigate cases of suspected child abuse who has reasonable cause to suspect that a child died as a result of child abuse shall report such suspicion to the appropriate medical examiner. The medical examiner shall accept the report for investigation and shall report the medical examiner's findings, in writing, to the local law enforcement agency, the appropriate district attorney general, and the department. Autopsy reports maintained by the medical examiner shall not be subject to the confidentiality requirements provided for in § 37-1-409.

(e) Reports involving known or suspected institutional child sexual abuse shall be made and received in the same manner as all other reports made pursuant to Acts 1985, ch. 478, relative to the sexual abuse of children. Investigations of institutional child sexual abuse shall be conducted in accordance with the provisions of § 37-1-606.

(f) Every physician or other person who makes a diagnosis of, or treats, or prescribes for any sexually transmitted disease set out in § 68-10-112, or venereal herpes and chlamydia, in children thirteen (13) years of age or younger, and every superintendent or manager of a clinic, dispensary or charitable or penal institution, in which there is a case of any of the diseases, as set out in this subsection (f), in children thirteen (13) years of age or younger shall report the case immediately, in writing on a form supplied by the department of health to that department. If the reported cases are confirmed and if sexual abuse is suspected, the department of health will report the case to the department of children's services. The department of children's services will be responsible for any necessary follow-up.

(g) Every physician or other person who makes an initial diagnosis of pregnancy to an unemancipated minor, and every superintendent or manager of a clinic, dispensary or charitable or penal institution in which there is a case of an unemancipated minor who is determined to be pregnant, shall provide to the minor's parent, if the parent is present, and the minor consents, any readily available written information on how to report to the department of children's services an occurrence of sex abuse that may have resulted in the minor's pregnancy, unless disclosure to the parent would violate the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C. § 1320d et seq., or the regulations promulgated pursuant to the act.

(1) Failure to provide the written information shall not subject a person to the penalty provided by § 37-1-412.

(2) The department of children's services shall provide to the department of health the relevant written information. The department of health shall distribute copies of the written information to all licensees of the appropriate health-related boards through the boards' routinely issued newsletters. At the time of initial licensure, these boards shall also provide new licensees a copy of the relevant written information for distribution pursuant to this subsection (g).

(h) Nothing in this section shall be construed to prohibit any hospital, clinic, school, or other organization responsible for the care of children, from developing a specific procedure for internally tracking, reporting, or otherwise monitoring a report made by a member of the organization's staff pursuant to this section, including requiring a member of the organization's staff who makes a report to provide a copy of or notice concerning the report to the organization, so long as the procedure does not inhibit, interfere with, or otherwise affect the duty of a person to make a report as required by subsection (a). Nothing in this section shall prevent staff of a hospital or clinic from gathering sufficient information, as determined by the hospital or clinic, in order to make an appropriate medical diagnosis or to provide and document care that is medically indicated, and is needed to determine whether to report an incident as defined in this part. Those activities shall not interfere with nor serve as a substitute for any investigation by law enforcement officials or the department.

(i) (1) Notwithstanding § 37-5-107 or § 37-1-612 or any other law to the contrary, if a school teacher, school official or any other school personnel has knowledge or reasonable cause to suspect that a child who attends such school may be a victim of child abuse or child sexual abuse sufficient to require reporting pursuant to this section and that the abuse occurred on school grounds or while the child was under the supervision or care of the school, then the principal or other person designated by the school shall verbally notify the parent or legal guardian of the child that a report pursuant to this section has been made and shall provide other information relevant to the future wellbeing of the child while under the supervision or care of the school. The verbal notice shall be made in coordination with the department of children's services to the parent or legal guardian within twenty-four (24) hours from the time the school, school teacher, school official or other school personnel reports the abuse to the department of children's services, judge or law enforcement; provided, that in no event may the notice be later than twenty-four (24) hours from the time the report was made. The notice shall not be sent to any parent or legal guardian if there is reasonable cause to believe that the parent or legal guardian may be the perpetrator or in any way responsible for the child abuse or child sexual abuse.

(2) Once notice is sent pursuant to subdivision (i)(1), the principal or other designated person shall provide to the parent or legal guardian all school information and records relevant to the alleged abuse or sexual abuse, if requested by the parent or legal guardian; provided, that the information is edited to protect the confidentiality of the identity of the person who made the report, any other person whose life or safety may be endangered by the disclosure and any information made confidential pursuant to federal law. The information and records described in this subdivision (i)(2) shall not include records of other agencies or departments.

(3) For purposes of this subsection (i), “school” means any public or privately operated child care agency, as defined in § 71-3-501, preschool, nursery school, kindergarten, elementary school or secondary school.

[Acts 1973, ch. 81, § 1; 1977, ch. 343, § 1; 1978, ch. 886, § 2; T.C.A., § 37-1203; Acts 1985, ch. 478, §§ 26, 32, 40; 1987, ch. 145, § 10; 1994, ch. 901, § 2; 1996, ch. 1079, § 73; 2001, ch. 351, § 1; 2005, ch. 185, §§ 1, 2, 3; 2005, ch. 437, § 2; 2006, ch. 843, § 1; 2007, ch. 305, § 1; 2008, ch. 1011, § 1.]

The person reporting does not have to prove anything. A good faith of suspected abuse will not result in liability for the person reporting. Now if you get pissed off at your brother in law and make a report which is not in good faith, then you can be held liable.

This also tells what happens for failure to report.

Sunshine · #17 (**permalink**) 09-29-2009

Quote:

Originally Posted by mabus

I think it would be nobodies business except the boy himself, the boys parents and the lover. That's why in any case, I would ensure the boy's parents know about that sexual relationship. As long as the boy is doing alright and OK with the sexual relationship, IMHO only the parents have the moral right to report "the abuse".

You are wrong about that. I had a patient once who was allowing her 16 year old daughter to be involved with a 36 year old man because he contributed money to the household. There is a name for that and it isn't 'relationship.'

I reported that he they raided the home, put the child in foster care, and the guy in prison.

Steve · #18 (**permalink**) 09-29-2009

Quote:

Originally Posted by Jefe

Forgive me, but the answer to your question seems painfully obvious, so I'm just wondering what the point is. Are we supposed to guess how old this "man" is or something?

Otherwise, your hypothetical can be summarized as "Should someone who breaks the law be punished?" To which the answer is "Yes". Duh.

Thank you...

Steve · #19 (**permalink**) 09-29-2009

Quote:

Originally Posted by mabus

If the purpose of this thread is to determine wether this law should be enforced or not, I think all laws should be fully enforced.

If the purpose of this thread is to determine which are the pros and cons of this law, I say the law should be changed.

I said nothing of changing any law.

You've answered the question; thank you...

Speakeasy · #20 (**permalink**) 09-29-2009

Yes, she should face the punishment for breaking the law. I don't necessarily agree with it in this situation, but the law isn't really a big secret (especially since I'm sure teachers are well versed on these sorts of things).

Steve · #21 (**permalink**) 09-29-2009

Quote:

Originally Posted by Speakeasy

Yes, she should face the punishment for breaking the law. I don't necessarily agree with it in this situation, but the law isn't really a big secret (especially since I'm sure teachers are well versed on these sorts of things).

In what way do you agree with not reporting it?

mabus · #22 (**permalink**) 09-29-2009

Quote:

Originally Posted by Sunshine

You are wrong about that. I had a patient once who was allowing her 16 year old daughter to be involved with a 36 year old man because he contributed money to the household. There is a name for that and it isn't 'relationship.'

I reported that he they raided the home, put the child in foster care, and the guy in prison.

That's prostitution, and prostitution is not what we are discussing here.

I still stand by my comment that adults should be allowed to have sexual relationships with fully developed teenagers with the parents permission.

By the way, it's law here in Germany. And it has not lead to hundreds of thousands of parents selling the virginity of their daughters to dirty old men.

Speakeasy · #23 (**permalink**) 09-29-2009

Quote:

Originally Posted by Steve

In what way do you agree with not reporting it?

I see the 15+ age group as more of a gray area when it comes to "child abuse" as I do with 14 and below, where the abuse is a little more clear cut (where the kid will be much more impressionable and easy to manipulate). I don't know about you guys, but I hardly thought girls had cooties when I was 15 years old. Plus, if the "older man" was only 17 or 18, that'd also make reporting it a bit ridiculous (but the lawful thing to do). Just too many variables for me to be able to see I would fully and 100% agree with the teacher's decision to report it. But me agreeing with the decision or not doesn't mean she shouldn't be prosecuted if caught breaking the law.

Steve · #24 (**permalink**) 09-29-2009

Quote:

Originally Posted by Speakeasy

I see the 15+ age group as more of a gray area when it comes to "child abuse" as I do with 14 and below, where the abuse is a little more clear cut (where the kid will be much more impressionable and easy to manipulate). I don't know about you guys, but I hardly thought girls had cooties when I was 15 years old. Plus, if the "older man" was only 17 or 18, that'd also make reporting it a bit ridiculous (but the lawful thing to do). Just too many variables for me to be able to see I would fully and 100% agree with the teacher's decision to report it. But me agreeing with the decision or not doesn't mean she shouldn't be prosecuted if caught breaking the law.

It's not the teacher's role to determine the age of the "older man".

If it's the teacher's role to report it so that it can be investigated, shouldn't that teacher be punished for not doing so?

Speakeasy · #25 (**permalink**) 09-29-2009

Quote:

Originally Posted by Steve

It's not the teacher's role to determine the age of the "older man".

If it's the teacher's role to report it so that it can be investigated, shouldn't that teacher be punished for not doing so?

Yes, I believe I've already mentioned that the teacher should be punished if they decided not to report it. I was just stating how there are certain scenarios I may personally object to, but that doesn't change the fact that the law is the law. I'm against marijuana being illegal, but I still think someone should face punishment if they're caught driving around with a pound of weed on their passenger seat, for example.

daddio · #26 (**permalink**) 09-29-2009

Quote:

Originally Posted by mabus

That's prostitution, and prostitution is not what we are discussing here.

I still stand by my comment that adults should be allowed to have sexual relationships with fully developed teenagers with the parents permission.

By the way, it's law here in Germany. And it has not lead to hundreds of thousands of parents selling the virginity of their daughters to dirty old men.

well you germans just have at it but we will retain our sense of right and wrong here.

Speakeasy · #27 (**permalink**) 09-29-2009

Quote:

Originally Posted by daddio

well you germans just have at it but we will retain our sense of right and wrong here.

Right and wrong? They took an arbitrary age (18) and centered sex laws around it. It has nothing to do with "right and wrong", but simply the necessity to set some sort of age limit in order for the laws to have any effect.

mabus · #28 (**permalink**) 09-29-2009

Quote:

Originally Posted by daddio

well you germans just have at it but we will retain our sense of right and wrong here.

Maybe you will retain your sense of right and wrong, maybe even your whole generation wil retain it's sense of right and wrong, but your society won't. Morals is as static as the seasons. It changes. Not necessarily in the direction of mine or of yours, but one thing is sure: it will change.

And not only do I believe that a teenager and an adult can share a happy full-scale relationship, I have already seen it. I know about half a dozen of formerly young ladies who went after older guys with 15-17 and now are fully developed, sane and emotionally balanced women leading healthy relationships with adult men. As long as love is a win-win situation for all people involved, I can see nothing immoral in it.

Cari · #29 (**permalink**) 09-29-2009

Yes the teacher should be punished. Especially since the teacher in this scenario is just plain lazy. The only responsibility the teacher has is to call CPS (or whatever the child protective services in that area is called) and tell them the name of the child, and what the child told them. The teacher doesn't even have to give their name. Easy as pie, no excuse for not doing it.

Added:

This did just make me think of a little wrinkle in the system. You can call and be completely anonymous reporting child abuse. How does that work if you then have to go back and prove that as the teacher, you DID report the abuse?

Steve · #30 (**permalink**) 09-29-2009

Quote:

Originally Posted by mabus

Maybe you will retain your sense of right and wrong, maybe even your whole generation wil retain it's sense of right and wrong, but your society won't. Morals is as static as the seasons. It changes. Not necessarily in the direction of mine or of yours, but one thing is sure: it will change.

And not only do I believe that a teenager and an adult can share a happy full-scale relationship, I have already seen it. I know about half a dozen of formerly young ladies who went after older guys with 15-17 and now are fully developed, sane and emotionally balanced women leading healthy relationships with adult men. As long as love is a win-win situation for all people involved, I can see nothing immoral in it.

Are you going to keep on rambling about how much Germans enjoy fucking children so much they've got a law that permits it, or are you going to respond to the poll?

View Poll Results: Should a teacher be held accountable for not reporting possible child abuse?
Yes. The teacher has a responsibility to report the allegation, and should now be punished.	15	88.24%
No. The teacher has no responsibility in this scenario for the safety of students in his charge.	2	11.76%
Voters: 17. You may not vote on this poll

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