All persons are required to report immediately, and persons who are licensed or certified by the State, or who work for an agency or body approved or certified by the State and who have contact with children because of their normal duties, such as teachers, nurses, doctors and day-care centres, must report abuse or neglect within 48 hours. Section 261.101 of the Texas Family Code requires anyone suspected of child abuse or neglect to report it immediately. The report may be addressed to (1) any state local or law enforcement agency; or (2) the Ministry of Family and Protective Services. Policymakers are also concerned about the emergence of certain infectious diseases, which are considered serious public health problems. As with mandatory abuse and abuse reporting laws for vulnerable populations, the number and type of notifiable diseases depends on state laws, though many states adopt the recommended list published by the Centers for Disease Control (CDC). [3] The CDC regularly publishes updated lists of diseases it recommends reporting, as this allows the organization to treat new and emerging diseases as they emerge. [13] Texas law requires anyone who has knowledge of suspected child abuse or neglect to report it to the appropriate authorities. This reporting obligation applies to all persons and is not limited to teachers or health professionals. The law extends even to people whose personal communications might otherwise be privileged, such as lawyers, clergy and health professionals. Therefore, all SMU employees should be aware of Texas law relating to reporting allegations of child abuse or neglect. As regards the reporting of infectious diseases, the obligation to notify certain diseases may be regarded as an obligation of the health care provider to the wider community imposed by public policy.
Unfortunately, there is significant evidence that many diseases go unreported. Inadequate reporting is likely multifactorial, but can generally be due to a lack of knowledge about notifiable diseases and confusion with the reporting process in general. [18] Again, a health care provider must be aware of the relevant laws of his or her state. Intimate partner violence is an area of violence that is sometimes overlooked compared to other populations. However, this abuse is experienced by nearly 1 in 3 women during her lifetime. [7] While women are the primary victims of spousal violence, the problem also affects men, with one study showing that men account for 17% of victims of intimate partner violence. [8] These populations are more often observed outside of normal office hours than other maltreated patients. However, like other groups, victims are often at significant risk of further more serious injuries in the absence of intervention. [9] Health care providers play an important ethical and legal role in identifying and reporting maltreatment of children and other vulnerable populations to their appropriate government agencies. These are problems that profoundly affect the health and well-being of a significant part of the population. In clinical settings, the most common form of maltreatment reported by health professionals is neglect, which can include medical, nutritional, physical or emotional neglect. [14] These situations are not merely theoretical; For example, given that an estimated 37% of all American children are involved in child welfare services by age 18, many medical professionals often address these issues in their practice.
[15] A person acting in good faith who reports a report of child abuse or neglect or who participates in the investigation is exempt from civil or criminal liability. Failure to report suspected child abuse or neglect is a Class A offence punishable by up to one year in jail and/or a fine of up to $4,000. It is not enough to report the incident to your supervisor or supervisor. Training to detect and report suspected child abuse and neglect is crucial to the training of health professionals and patient safety. [19] This training should apply to all types of health professionals, as everyone is legally required to report such cases. Systematically, the likelihood of no abuse and neglect is minimized if all types of health professionals have received similar training to recognize the problem. Texas law broadly defines the terms « abuse » and « neglect, » so any act that has been or may affect a child`s physical or mental health or well-being is potentially covered. The Act expressly excludes an accident or reasonable disciplinary action by a parent or guardian that does not expose the child to a significant risk of harm. However, if there is a question of whether a behaviour constitutes « abuse » or « neglect », always sin on the side of the child`s safety and report the incident. The health care team must coordinate with other professionals and community authorities to provide appropriate treatment and resources to the affected patient. [5] Similarly, an interprofessional approach to the identification of notifiable diseases is important to reduce the risk of undercoverage.
Reporting these diseases is critical to public health efforts to curb their growth and ultimately enable their eradication. Such ambitious goals require the involvement and coordination of competent professionals dedicated to their patients and communities. Abuse and maltreatment are also common among the elderly, with a study in the New England Journal of Medicine claiming a likely prevalence of 10% of the entire population aged 60 and older. [10] Elder abuse is made more likely by the circumstances faced by many older patients: poor physical health, functional impairment, and nursing home stays. In fact, these elderly patients living in nursing homes are being abused not only by staff but also by other residents. [10] Although common, elder abuse has historically been under-reported, leading to the development of diagnostic tools to assist in identification. [11] [12] In the United States, mandatory reporting laws establish a legally enforceable obligation for those who come into contact with vulnerable populations to report to state and local authorities when mistreatment or abuse of those populations is suspected or confirmed. While these laws and the populations they cover vary from state to state, they generally include children, the disabled, and the elderly. Some States also attribute this reporting obligation to intimate partner abuse. These laws generally cover neglect as well as physical, sexual, emotional and financial exploitation. While those required to report also vary from state to state, they typically include daycare workers, clergy, coaches, counselors, health care providers, law enforcement, school principals, and teachers. [1] [2] In addition to their obligation to report abuse of at-risk patients, health professionals are also required to report certain infectious diseases considered public health threats to state and local authorities.
[3] When assessing suspected abuse, the healthcare provider should obtain a complete medical history, perform a complete physical examination, perform appropriate laboratory tests, and contact the appropriate authorities. [16] [5] Since each state has different laws, knowledge of each state`s mandatory reporting laws is crucial for any health care provider. [2] Failure to comply with state reporting laws may result in criminal penalties for the provider and may even result in negligence civil liability in some jurisdictions. On the other hand, suppliers are generally not responsible for reporting suspicious situations that later turn out to be benign. [17] Maltreatment in the paediatric population is an important cause of morbidity and mortality. Child maltreatment is a serious public health problem affecting 1 in 8 children before the age of 18. Unfortunately, studies suggest that homicide is among the top five causes of death for children of all age groups. [4] The effects of abuse and neglect do not stop at age 18; However, physical and mental health problems due to childhood abuse can continue into adulthood. [5] Numerous studies have shown a link between adults who experienced childhood abuse and the development of a variety of morbidities in adults, ranging from cardiovascular disease to depression. [6] Information on this website is provided by the SMU Legal Office to faculty, staff, and students in the SMU community.