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Legal Issues For The Church Dealing With Child/Youth Abuse


Limits of Confidentiality/Legal Issues/Mandated Reporting

Everything that happens in therapy is strictly confidential and protected under the law. Your therapist cannot discuss anything about your therapy, or even identify that you are a client, unless you give your written permission. There are some instances when a therapist will talk with someone about your case without obtaining your consent that is allowed under the law. These include reviewing your case during Clinical Supervision or Peer Consultation, sharing required information with your health insurance, discussing your case with other mental health or healthcare providers to collaborate services provided to you.

There are some instances in which a therapist is required to break confidentiality under the law. These apply to those in ministry serving youth. They include:

Mandated Reporting Laws

Child Abuse – includes physical or sexual abuse, neglect, excessive corporal punishment, child abduction and exposure to domestic violence that is traumatizing to the child. Child abuse reporting only applies to children who are currently under the age of 18. Abuse that happened in your childhood prior to becoming an adult is not reportable unless there is a child who is currently in danger of being abused. The reporter is required to report suspected child abuse in addition to known incidents of abuse. Child abuse is reported to the Department of Children and Family Services who will investigate the abuse allegations.

Spend time with your staff and volunteers exploring what each form of abuse looks like and what your policy/procedures are for addressing it. (i.e., neglect – being left at home at a young age without adequate food available for long periods of time.)

Dependent Adult/Elder Abuse – includes physical abuse, sexual abuse, neglect, abduction, financial abuse, self-neglect, isolating the adult and not providing proper care, including medical and mental health needs. Again, the reporter is required to report suspected abuse in addition to know abuse.

Intent to Harm Yourself or Others

If anyone discloses the intention or a plan to harm another person, you are legally required to warn the intended victim and report this information to legal authorities. If they discloses or imply that they have  plan for to harm or kill themself, you, as a mandated reported, are required by law to take precautions to keep them safe, which includes contacting a family member or friend to watch over them for a specified amount of time, a referral to a psychiatric hospital or police intervention if necessary.

 

Contact your local child protective services to ask about state specific requirements and training.

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Myths About Child Abuse


Myths of Abuse

Child abuse is more than bruises or broken bones. While physical abuse is shocking due to the scars it leaves, not all child abuse is as obvious. Ignoring children’s needs, putting them in unsupervised, dangerous situations, or making a child feel worthless or stupid are also child abuse. Regardless of the type of child abuse, the result is serious emotional harm.

MYTH #1: It’s only abuse if it’s violent.

Fact: Physical abuse is just one type of child abuse. Neglect and emotional abuse can be just as damaging, and since they are more subtle, others are less likely to intervene. .

MYTH #2: Only bad people abuse their children.

Fact: While it’s easy to say that only “bad people” abuse their children, it’s not always so black and white. Not all abusers are intentionally harming their children. Many have been victims of abuse themselves, and don’t know any other way to parent. Others may be struggling with mental health issues or a substance abuse problem.

MYTH #3: Child abuse doesn’t happen in “good” families.

Fact: Child abuse doesn’t only happen in poor families or bad neighborhoods. It crosses all racial, economic, and cultural lines. Sometimes, families who seem to have it all from the outside are hiding a different story behind closed doors.

MYTH #4: Most child abusers are strangers.

Fact: While abuse by strangers does happen, most abusers are family members or others close to the family

MYTH #5: Abused children always grow up to be abusers.

Fact: It is true that abused children are more likely to repeat the cycle as adults, unconsciously repeating what they experienced as children. On the other hand, many adult survivors of child abuse have a strong motivation to protect their children against what they went through and become excellent parents.

MYTH #6: Children/Youth somehow played a role in the abuse.

Fact: Regardless of age, victims of abuse are just that, victims. Victim-shaming is a practice of blaming the victim for the actions of the abuser. Children of young ages do not have the ability to defend themselves from an abuser. Adolescents, while often times oppositional, are still protected as minors and therefore not able to defend themselves against the attacks of an abuser. They lack resources to defend or protect themselves and are protected by the law because of this.

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