Responding to Allegations of Abuse
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My earlier posts about reporting abuse and notifying parents prompted a couple of clients to ask me how they should respond if they suspect or are told that a child in their care has been abused. While I can't give legal advice about hypothetical situations, I am happy to pass on principles that I have learned over the years from experts with whom I have worked.
• The first rule is to take the report seriously. Even if you have good reason to question the credibility of the child or staff member reporting the abuse, treat the report as valid. This principle does not mean that you should jump to the conclusion that the accused person is guilty. You do need to reserve judgment until all of the facts are in, but you also need to treat the person reporting the abuse with respect and listen seriously to their story.
The other principles follow naturally from this first one:
• Report to the authorities. Every state and federal jurisdiction requires various child caretakers to report suspicions of abuse. As soon as your investigation reveals some reason to believe that a child is being mistreated, report that fact. Furthermore, be aware of where your state law says you should report. Some of my clients have reported only the licensing authorities, assuming that the licensing agency would pass the report to law enforcement or protective services. Most of the time, the licensing authority did forward the report, so no harm was done. But once or twice, the licensing counselor dropped the ball, leaving my client to explain why he or she did not make a separate report. It is your responsibility to make the report; do not assume that someone else will do it for you.
• Protect the children in your care to the best of your ability. If the accused is a staff member, isolate him or her from the children immediately. You do not necessarily need to terminate his or her employment, but you must either suspend the employee or reassign him to duties away from the children. The person very well may be innocent, but the risks if he or she is guilty are simply too great to justify keeping everything in place pending the investigation.
If the person is a family member or otherwise outside your jurisdiction, reporting to the authorities may be all that you can do. If the accused is someone outside the family, notify the child's parents so that they can make the decision about keeping their child away from him or her. Coordinate this notification with the authorities, but give the parents the information they need to protect their child.
• Notify all affected parents. This principle is particularly important if the accused is a member of your staff. Notify the parents of all of the children who have come into contact with the accused. It is important to limit your notice to simple facts, such as saying only that an accusation has been made rather than giving any hint of what you think actually happened. Usually that information is all that the parents need to know in order to take steps to protect their child.
You also need to let the parents know what steps you have taken to isolate the accused person from contact with the children in your organization. Finally, and perhaps most important, you need to ask the parents what you can do to help them. Your options and resources may be limited, but it is important to do what you can.
