---
I’m
grateful for my wife Linda for many things. Not the least of which, is how she
gets me to look at things from another perspective.
One
day in the midst of the Larry Nassar sexual abuse case, she asked me this
question.
"What
happens when a Mandated Reporter fails to report?"
Not
having the answer, I did some research. What I found should make you sick.
I’ve
heard for years about the importance of "Mandated Reporters" and how these laws
did so much to protect children.
In
reality, this simply is NOT true.
Larry
Nassar/Michigan State University/USA Gymnastics is the latest example of the
ineffectiveness of Mandatory Reporter laws.
At least 7 Mandatory Reporters
in the Larry Nassar case failed to report after being told he was sexually
assaulting little girls.
Michigan Youth Sports Coach, Kathie Klages – 1997
MSU Coach, Kelli Bert - 1999
MSU trainer, Lianna Hadden - 2000
MSU trainer, Destiny Teachnor-Hauk – 2000
MSU psychologist, Dr. Gary Stollak – 2004
Sports Medicine Department, Dr. Jeffrey Kovan – 2014
MSU's Office of Institutional Equity, & Current Attorney
for MSU, Kristine Moore – 2014
And
guess what happens to these folks for failing to report due to the law in
Michigan?
Michigan
Failure to Report Comp. Laws § 722.633(1), (2)
A mandatory reporter who knowingly fails to
report as required is guilty of a misdemeanor
punishable by one or both of the following:
• Imprisonment for not more than 93 days
• A fine of not more than $500
In
other words…NOTHING!
I
have researched every place I know to look and have found nothing stating that any of these people were even charged with a misdemeanor.
And
even if they were, maybe 90 days in jail and maybe a $500 fine…are you kidding
me?!?!
The
laws for failure to report, across the country, are as pathetic as the Statue
of Limitation laws.
So
we can be clear about this topic:
A mandated reporter is a person
who, because of his or her profession, is
legally required to report any suspicion of child abuse or neglect to proper authorities.
Notice
it doesn’t say; report to the school,
report to the church, etc. The law
says report to proper authorities –
that means law enforcement, period.
The official designation of which
professions are considered mandated reporters varies somewhat from state to
state. In most cases, the definition concerns anyone who works with children
or the elderly.
This typically includes social workers, teachers, health care workers, child
care providers, law enforcement, mental health professionals, and other
educators and medical professionals. There are some states that consider all citizens as mandated reporters.
Approximately
48 States, the District of Columbia, American Samoa, Guam, the Northern Mariana
Islands, and the Virgin Islands impose penalties on mandatory reporters who
knowingly or willfully fail to make a report when they suspect that a child is
being abused or neglected.
In
Florida, a mandatory reporter who fails to report as required by law can be
charged with a felony.
Sounds encouraging right? Wrong!
Because that’s not the full truth.
As
a matter of fact: Maryland, Wyoming, and Puerto Rico currently do not have statutes imposing criminal penalties
for failure to report. Delaware has a civil law but no criminal prosecution. Hawaii’s law calls it a "petty" misdemeanor, same as littering.
And, failure to report is
classified as only a misdemeanor in
40 States, American Samoa, and the U.S. Virgin Islands.
But
don’t take my word for it, read here what your
state deems as worthy of punishment for those who are Mandatory Reporters, know
or suspect someone is abusing a child and fails to protect that child.
 |
| We are failing to protect our children. |
In
essence, it’s a slap on the wrist if
they are even charged. From what I’ve discovered, it appears that virtually none of the mandatory reporters who
fail to report are EVER charged with
anything.
It
seems both pointless and arrogant to point out a problem without offering a
solution. We have enough people doing that I think.
So,
what’s the answer here? You’re not going to like it because it’s not a "interesting" answer.
We
are.
We
elect our Representatives and Judges.
(Wait,
Wait, Wait! I can hear you yawning now and getting ready to click that mouse
elsewhere – but please give me one more moment)
Our
Representatives won’t do anything until they hear from you. Until they know what matters to you. Letters, emails
and phone calls. Letters, emails and phone calls. Not "interesting" and no
fanfare, but it works.
Or if you have contacts with your local media, then
rattle their cages until they do news reports on why your Representatives
aren’t making changes to the law and why your Judges aren’t prosecuting to the
fullest.
Remember,
YOU elect both Judges and
Representatives. They have the power you give them.
So,
I’ll ask the same questions I’ve been asking all month.
Does this matter to
you?
If
so, what are you prepared to do?
---
David is the Executive Director of Together We Heal. Its purpose is to provide guidance for those who suffer from the trauma of childhood sexual abuse. It works to educate through public speaking, collaborates with other groups to raise awareness and expose sexual predators and their methods.
In 2015, David was asked by Boz Tchividjian, founder of GRACE (Godly Response to Abuse in the Christian Environment) to become part of their Child Safeguarding Certification team. The mission of GRACE is to empower the Christian community through education and training to recognize, prevent, and respond to child abuse.
David represents TWH & GRACE all across the country as a public speaker and instructor, teaching churches, schools and families how to talk with their kids about sexual abuse, how to better identify predatory behavior and sexual predators grooming methods.
For more information on GRACE Child Safeguarding Certification please email certification@netgrace.org
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