Mandatory Child Abuse Reporting Obligation

In the wake of the child abuse tragedy at Penn State, Oregon has passed new legislation expanding its mandatory child abuse reporter list to include ALL employees of colleges and universities. This new law takes effect January 1, 2013, and is both a professional and personal obligation. It is important that all EOU faculty and staff understand their child abuse reporting obligations with the advent of this new law. (HB 4016, ORS 419B.010)

Summary of legislative changes

Certain OUS/EOU employees (child care workers, medical care providers, lawyers) have always been considered “public and private officials” covered under Oregon’s mandatory abuse reporting law. For those individuals, nothing has changed. What’s new is that the law will now define ALL university employees as “public and private officials” making them mandatory child abuse reporters as well. The law does not cover volunteers, contractors, or students who are not employees (unless the student happens to work in a profession that is otherwise covered in the mandatory reporter list).

Child abuse reporting obligation

You must immediately report to the Department of Human Services (DHS) or law enforcement if you have “reasonable cause to believe” that any child with whom you come into contact has suffered abuse, or that any person with whom you come into contact has abused a child. A child is any unmarried person under 18 years of age.

24/7 personal obligation

It is important to understand that the child abuse reporting obligation is apersonal obligation,and goes beyond the workplace. This means that you are a mandatory child abuse reporter 24/7, and you are required to report suspected child abuse anytime, anywhere. In other words, whether you learn of suspected abuse or a suspected abuser while at work, while coaching your child’s soccer team, or when shopping for groceries on the weekend, your reporting obligation is the same.

How to make a report

The report should be made orally in the county where the reporter is located at the time of the suspicious contact. You can reach Union County’s abuse reporting line during normal business hours (Mon-Fri, 8am-5pm) by calling1-866-538-5804, extension 272. After normal business hours, you should contact the Union County Sheriff’s Office at541-963-1017. If the situation is an emergency or a child is at imminent risk, call 911 immediately.

What the report should include

If known, the report should include:

name and age of the child
nature and extent of abuse, including evidence of previous abuse
explanation given for the abuse
names and addresses of the child’s parents or others responsible for the child’s care
other helpful information to establish the cause of the abuse or the identity of the perpetrator

Consequences for failure to report

不报案属甲类刑事罪行，最高可被罚款2,000元。一些强制记者也因为没有报道而被民事法庭起诉，要求赔偿损失。

What is considered abuse?

Below is a summary of what is generally considered abuse. The complete legal definition (ORS 491B.005) can be viewed athttp://www.leg.state.or.us/ors/419b.html.

Physical injury, caused by other than accidental means, including an injury that appears to be at variance with the explanation given for the injury.
Mental injury, which includes only observable and substantial mental impairment caused by cruelty, with due regard to the culture of the child.
Sexual abuse, including rape, sodomy, unlawful sexual penetration or incest.
Exploitation, including prostitution or the sexual delinquency of a minor or any conduct that allows or encourages a child to perform sexual acts for observation, photographing, filming, etc.
Neglect, including failure to provide adequate food, clothing, shelter or medical care that is likely to endanger the child’s health or welfare.
Threatened harm, meaning subjecting a child to a substantial risk of harm to the child’s health or safety, including exposing a child to the manufacture of methamphetamine or to any controlled substance that subjects a child to a substantial risk of harm.
Buying or selling a person under 18 years of age.

“虐待”不包括合理的纪律，除非纪律导致上述条件之一。

Immunity from liability for making a good faith report

任何善意参与儿童虐待报告的人都可免于承担任何刑事或民事责任。这种豁免也适用于参与任何后续司法程序。在可能的情况下，你作为记者的身份将被保密。(ORS 419B.025)

Links to other resources

The Department of Human Services has a Mandatory Reporter training video available for view on its website at:http//www.oregon.gov/dhs/abuse/pages/mandatory_report.aspx. The video runs roughly 25 minutes, and provides valuable information to help understand what it means to be a mandatory reporter. DHS also has a detailed booklet, titled, “What You Can Do About Child Abuse,”which provides additional support materials to help inform mandatory reporters of their obligations. That booklet can be found at:https://apps.state.or.us/Forms/Served/de9061.pdf.

联合乡村地区检察官办公室提供了校园强制报告培训中包含的信息链接。http://www.oregon.gov/DHS/abuse/mandatory_report.shtml