NCJ Number
49194
Journal
Oregon Law Review Volume: 57 Issue: 3 Dated: (1978) Pages: 444-455
Date Published
1978
Length
12 pages
Annotation
THE 1975 AMENDMENTS TO OREGON'S CHILD ABUSE REPORTING LAW ARE EXAMINED, AND ADDITIONAL CHANGES ARE SUGGESTED TO PROMOTE RESPONSIBLE REPORTING OF ABUSE AND NEGLECT CASES.
Abstract
THE DEFINITION OF ABUSE, THE CLASS OF REPORTERS, AND THE DUTY TO REPORT ARE EXAMINED. THE AMENDMENTS WHICH DEFINE CHILD ABUSE AS INJURIES CAUSED BY NON-ACCIDENTAL MEANS ALSO REQUIRE THAT THE REPORTER EVALUATE THE CIRCUMSTANCES SURROUNDING A CHILD'S INJURY. THIS IS A NEGATIVE PROVISION BECAUSE THIS PUTS THE BURDEN OF A TIME CONSUMING INVESTIGATION UPON THE REPORTER. A SECOND FAULT OF THE STATUTE IS ITS LACK OF SPECIFICITY IN DEFINING THE DEGREE OF HARM NECESSARY TO MANDATE THE REPORTING OF ABUSE. A THIRD FAULT IS FOUND IN THE FAILURE OF THE STATUTE TO ADEQUATELY COVER CHILD NEGLECT, WHICH ALSO MAY LEAD TO INJURIES TO A CHILD DUE TO PARENTAL FAILURE TO EXERCISE PROPER SUPERVISION. THE AMENDMENTS, IN EXPANDING THE CLASS OF PERSONS REQUIRED TO REPORT ABUSE AND MANDATING THAT UNDER CERTAIN ACCIDENTAL OR OTHER CAUSE. INVESTIGATION OF THESE KINDS CONDITION MAY BE REQUIRED TO MAKE A REPORT OF ABUSE, OPENS UP THE POSSIBILITY THAT A REPORTER MAY NOT KNOW WITH REASONABLE CERTAINTY WHETHER THE CHILD IS IN DANGER OR HAS BEEN HARMED. IN ORDER TO REMEDY THIS CIRCUMSTANCE, IT IS SUGGESTED THAT REPORTS BE BASED UPON A REPORTER'S OBSERVATION THAT SERIOUS INJURY TO THE CHILD HAS OCCURRED OR IS LIKELY TO OCCUR. IN RESLOVING THE POSSIBILITY OF COMPROMISING A CONFIDENTIAL RELATIONSHIP, IT IS RECOMMENDED THAT LAWYERS BE REQUIRED TO REPORT ABUSE ONLY WHERE THE CHILD IS THE ATTORNEY'S CLIENT OR WHERE THE LAWYER SUSPECTS ABUSE ON THE BASIS OF OBSERVING THE CHILD. REVISIONS ARE PROPOSED FOR THE STATUTE IN AN EFFORT TO PROVIDE A CLEARER DEFINITION OF ABUSE AND NEGLECT AND TO MANDATE REPORTS BASED SOLELY ON OBSERVATION OR FACTS REVEALED BY THE CHILD. REFERENCES ARE FOOTNOTED. (RCB)