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Recognize and Report Child Abuse

Recognize and Report Child Abuse

Many persons in Washington are required to report child abuse and neglect. (RCW 26.44.030.) These persons include medical practitioners, nurses, dentists, social service counselors/therapist, school personnel, child care providers, law enforcement officers, and adults residing with a child suspected to have been severely abused. These people have a legal relationship with the children such that the law imposes on them a duty to protect these little ones from harm. Under certain circumstances, the legal rules of professional conduct impose upon me, as a lawyer, the same responsibility to “prevent reasonably certain death or substantial bodily harm.” But what about the rest of society—those who are not burdened with the legal duty to report child abuse? I’m of the often shared viewpoint that just because the law may not require something of a person, if it is the right thing to do, it ought to still be done. I believe we as a society must protect those who are incapable of protecting themselves.

Washington’s laws on child abuse and neglect are quite developed. RCW 26.44.020 legally defines abuse and neglect as “sexual abuse, sexual exploitation, or injury of a child by any person under circumstances which cause harm to the child’s health, welfare, or safety…or the negligent treatment or maltreatment of a child by a person responsible for or providing care for the child. Exceptions are made under RCW 9A.16.100 for corporal punishment “when it is reasonable and moderate and is inflicted by a parent . . . or guardian for purposes of restraining or correcting the child.” The law is very specific as to the types of conduct which constitutes physical abuse, or “the nonaccidental infliction of physical injury or physical mistreatment of a child.” WAC 388-15-009. Physical abuse includes, but is not limited to, such actions as:

  • Throwing, kicking, burning, or cutting a child
  • Striking a child with a closed fist
  • Shaking a child under age three
  • Interfering with a child’s breathing
  • Threatening a child with a deadly weapon
  • Doing any other act that is likely to cause and which does cause bodily harm greater than transient pain or minor temporary marks or which is injurious to the child’s health, welfare or safety.

The Washington State Department of Social and Health Services offers a guide entitled “Protecting the Abused & Neglected Child: A Guide for Recognizing & Reporting Child Abuse & Neglect.” It offers a much more in-depth discussion than is possible here on the types of abuse to which a child may be exposed—including physical abuse, sexual abuse, sexual exploitation, negligent treatment or maltreatment, and abandonment. Even if you don’t suspect any child with whom you have contact to be suffering from abuse or neglect, it is worth referencing and skimming to familiarize yourself with the issue and to better identify dangerous situations. Here, I want to highlight the section titled “Recognizing Child Abuse and Neglect: Signs and Symptoms,” in the hope that in doing so, we might be more prepared to protect the youth of our community.

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The first step in helping abused or neglected children is learning to recognize the signs of child abuse and neglect. The presence of a single sign does not prove child abuse is occurring in a family; however, when these signs appear repeatedly or in combination you should take a closer look at the situation and consider the possibility of child abuse.

The following signs may signal the presence of child abuse or neglect.

The Child:

  • Shows sudden changes in behavior or school performance.
  • Has not received help for physical or medical problems brought to the parents’ attention.
  • Has learning problems (or difficulty concentrating) that cannot be attributed to specific physical or psychological causes.
  • Is always watchful, as though preparing for something bad to happen.
  • Lacks adult supervision.
  • Is overly compliant, passive, or withdrawn.
  • Comes to school or other activities early, stays late, and does not want to go home.

The Parent:

  • Shows little concern for the child.
  • Denies the existence of–or blames the child for–the child’s problems in school or at home.
  • Asks teachers or other caretakers to use harsh physical discipline if the child misbehaves.
  • Sees the child as entirely bad, worthless, or burdensome.
  • Demands a level of physical or academic performance the child cannot achieve.
  • Looks primarily to the child for care, attention, and satisfaction of emotional needs.

The Parent and Child:

  • Rarely touch or look at each other.
  • Consider their relationship entirely negative.
  • State that they do not like each other.

The DSHS Child Abuse and Neglect Guide continues by offering a list of signs to look for when PHYSICAL ABUSE may be occurring:

The Child:

  • Has unexplained burns, bites, bruises, broken bones, or black eyes.
  • Offers conflicting explanations as to how the injury occurred.
  • Has fading bruises or other marks noticeable after an absence from school.
  • Is frightened of the parents and protests or cries when it is time to go home.
  • Shrinks at the approach of adults.
  • Reports injury by a parent or another adult caregiver.

The Parent or Other Adult Caregiver:

  • Offers conflicting, unconvincing, or no explanation for the child’s injury.
  • Describes the child as “evil” or in some other very negative way.
  • Uses harsh physical discipline with the child.
  • Has a history of abuse as a child.

It explains what to look for when NEGLECT may be occurring:

The Child:

  • Is frequently absent from school.
  • Begs or steals food or money.
  • Lacks needed medical or dental care, immunizations, or glasses.
  • Is consistently dirty and has severe body odor.
  • Lacks sufficient clothing for the weather.
  • Abuses alcohol or other drugs.
  • States that there is no one at home to provide care.

The Parent or Other Adult Caregiver:

  • Appears to be indifferent to the child.
  • Seems apathetic or depressed.
  • Behaves irrationally or in a bizarre manner.
  • Is abusing alcohol or other drugs.

It offers signs to look for when SEXUAL ABUSE may be occurring:

The Child:

  • Has difficulty walking or sitting.
  • Suddenly refuses to change for gym or to participate in physical activities.
  • Reports nightmares or bedwetting.
  • Experiences a sudden change in appetite.
  • Demonstrates bizarre, sophisticated, or unusual sexual knowledge or behavior.
  • Becomes pregnant or contracts a venereal disease, particularly if under age 14.
  • Runs away.
  • Reports sexual abuse by a parent or other adult caregiver.

The Parent or Other Adult Caregiver:

  • Is unduly protective of the child or severely limits the child’s contact with other children, especially of the opposite sex.
  • Is secretive and isolated.
  • Is jealous or controlling with family members.

The take home message of all of this, if you suspect, or even wonder whether, a child may be suffering from any of the above forms of abuse, report it to Child Protective Services. You can call the Vancouver CPS office number at 360-993-7900 to report during the day. During nights and weekends, call 1-800-562-5624, or 1-866-ENDHARM. It’s important to remember that the single most important factor in deciding whether to report suspected child abuse is the protection of the child. Also, any person who in good faith makes a report or gives testimony in regard to possible child abuse or neglect is immune from civil or criminal liability—this means even if your report is ultimately determined to be inconclusive, you won’t be subjected to any penalty or fine or liability. The reporter’s name is also kept confidential from the potentially offending party. Reporting serves to help CPS find patterns of behavior that could be indicative of a problem.

Scott Edwards is a resident of Ridgefield and a partner at the Vancouver law firm of Schauermann Thayer Jacobs Staples & Edwards PS. His practice focuses exclusively on representing persons injured by the carelessness of others. In addition to his work with Vancouver Family Magazine, he has authored a safety blog entitled "Make Safe" where he has written about topics aimed at making our communities safer.

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