How To Recognize and Report Child Abuse

Child abuse laws are designed to prevent the abuse and neglect of children. These laws help everyone identify and report suspected cases of abuse and neglect. Each state has laws and resources to combat child abuse and neglect.

It's important to note that while criminal courts try child abuse cases, family courts typically handle cases that affect child welfare. If you need legal advice, a family law attorney can assist you or your loved ones in navigating court proceedings, filing for protective orders, or handling other matters related to custody and support.

Recognizing the Signs of Child Abuse

Child abuse victims often are too scared or ashamed to tell anyone what's happening to them. Or they might be afraid that even if they do tell someone, they won't be believed.

This is especially true if the alleged abuser is a relative or family friend. Other victims may be in denial despite showing signs of abuse. Some abusers condition the victim to believe that abuse is normal.

For these reasons, looking out for signs of child abuse is essential. Some of the warning signs of child abuse include:

• Unexplained burns, cuts, or bruises
• Withdrawal from peers
• Fear of going home
• Internal injuries or broken bones
• Extreme thirst or hunger
• Far-fetched stories about how the child sustained the injuries
• Lack of cleanliness or personal hygiene
• Unusual knowledge of sex at a young age
• Fear or extreme behavior around certain genders or age groups

If there are signs of suspected abuse, it is best to take action to ensure the child's safety.

What Types of Child Abuse Need To Be Reported?

Anything that severely impacts a child's well-being might be relevant in a report of child abuse. However, most states recognize the following types of abuse:

• Physical abuse
• Sexual abuse
• Sexual exploitation
• Emotional abuse
• Neglect
• Abandonment

While mental health and psychological abuse aren't always defined in state laws, they may fall under the emotional abuse category.

Domestic violence is a separate crime from child abuse. Each state has its own definition of domestic violence, but it usually includes acts of abuse committed in a close family or intimate relationship. States also have unique processes for getting a protective order against an abuser.

Who Are Mandatory Reporters for Child Abuse?

State laws designate certain people as "mandated reporters" or "mandatory reporters." This means they're obligated by law to report suspected child abuse. They usually include people who interact with children as part of their job, such as:

• Teachers
• Counselors
• Clergy or religious organization staff
• Physicians
• Nurses
• Daycare staff
• Child care providers
• School staff and administrators
• Coaches
• Firefighters and paramedics

Failure to report by a mandatory reporter can lead to criminal charges. For example, in California, failure to report child abuse by a mandatory reporter is a misdemeanor punishable by up to six months in jail and a $1,000 fine.

In New Jersey and Wyoming, everyone is a mandatory reporter. Anyone who witnesses child abuse or reasonably believes that child abuse is occurring must report it.

How To Report Child Abuse

Each state has slightly different child abuse laws and procedures. Prosecuting charges like assault, battery, or child endangerment will look different. However, there are often two legal proceedings related to child abuse cases:

• Criminal proceedings against the alleged abuser could lead to charges, penalties, and fines
• Family court proceedings focus on the child’s immediate safety and child custody arrangements

If you suspect a child is a victim of abuse or neglect, report and seek immediate help from either law enforcement or your state child protective services agency (CPS). You can also call the National Childhelp Hotline at 1.800.4.A.CHILD (1.800.422.4453).

Reporting Child Abuse to the State

In most states, the process begins with an anonymous phone call from the child or a relative, parent, witness, or a mandatory reporter.

The authorities who take the call will ask questions about what happened or what the reporter observed. The authorities will ask for additional information to determine the credibility of the allegations.

If a formal report is taken, a child protective services worker will begin an investigation. The investigation may involve speaking with the child, their family, and other adults in the child's life.

The following is a sampling of state child abuse reporting procedures:

• California – California Child Protective Services will determine whether an in-person response is necessary after the initial report. Call your county's emergency response hotline to report child abuse or neglect.
• Illinois – Contact the Department of Children and Family Services (DCFS). Investigations into child abuse must be opened within 24 hours of the report or sooner if the child is at risk of imminent harm. Roughly one in four hotline calls result in a formal report and investigation.
• Texas – Submit a report to the Department of Family and Protective Services. A reporter can choose whether to make the report confidentially or anonymously. The time frame for investigations varies by the severity of the allegations.

The Child Welfare Information Gateway maintains a list of phone numbers and web addresses of state child protection agencies. This list will help you contact the agency responsible for receiving and investigating child abuse and neglect reports in your state.

Federal Assistance for Reporting Child Abuse

As with most crimes against individuals, child abuse is prosecuted by state and local law enforcement agencies in state courts.

However, the U.S. Department of Health and Human Services (HHS) provides support through its Child Welfare Information Gateway. This organization promotes the Childhelp National Child Abuse Hotline.

The hotline provides anonymous crisis assistance, counseling, and referral services 24 hours a day and seven days a week. The number to call is 1-800-422-4453.

Tips for Adults Who Suspect Child Abuse

Below are some tips for adults who suspect that a child is being abused:

• Call a child abuse prevention organization such as Childhelp.
• Use the National Child Abuse Hotline at 1-800-4-A-CHILD (1-800-422-4453) for more information and the next steps.
• Don't jump to conclusions. Kids often get banged up when they play (or get into fights with peers). Ask a child what happened to gauge their response.
• Document the incidents of abuse.
• Tell trusted adults but be wary. You don't want to risk someone inadvertently influencing the child by having the child over-interviewed.
• If you're the alleged victim's parent or legal guardian, schedule the child for a doctor's exam and/or psychiatric evaluation.
• Be aware that children with disabilities can be at higher risk or have more difficulty communicating the abuse.

Trustworthy adults can help abused children get the protection and emotional support they need.

What Happens After a Report is Made?

If a case is filed, the abused child (and non-abusing family members) may need the help of a Children's Advocacy Center (CAC). CACs are publicly funded entities that work with local police and CPS officials. Together, they help abused children get the care and services they need.

Sometimes, CPS can't make a legal case because of a lack of evidence. Even in instances where police and CPS fail to take action, CACs can help facilitate a forensic interview, take photos, collect evidence, and provide medical care.

Often, the evidence gathered by CACs is presented to prosecutors for consideration.

Custody or Placement of the Child

The criminal justice system will handle a case against an alleged abuser. However, family courts generally handle the child's welfare. This may include placement in a foster home or counseling services. If the abuse was at the hands of a custodial parent, it could lead to termination of custodial rights or restriction of visitation rights.

In some child abuse or neglect cases, the offending parent may temporarily have to report to a social worker. Children in imminent danger of abuse are usually removed and placed temporarily in a foster home. This can include residential facilities, emergency shelters, group homes, or supervised independent living arrangements. The child will live there until authorities determine the caregivers and home are safe for the child to return.

Family Foster Care

Children in family foster care are placed with a member of the family or a nonrelative who has been pre-approved by the state. The foster care providers will provide child care, support, and shelter.

Sometimes, family foster care can also involve the whole family. An entire family foster care usually happens when a parenting youth needs shelter and models in healthy parenting.

Treatment Foster Care

Treatment foster care is given to children and adolescents with specific behavioral, emotional, or medical needs. It aims to provide health care and nurturing to the child in a more structured environment than regular foster care. Unlike residential treatment, treatment foster care is also a cost-effective option. Treatment foster care, or therapeutic foster care, is less restrictive than a residential facility but still offers needed support to the child.

Other Planned Permanent Living Arrangements (OPPLA)

In extreme cases where their home life is not safe, the child may be permanently removed from the home. The state may place the child in long-term foster care or adoption with another family.

"Other planned permanent living arrangements" (OPPLA) is a term used to replace "long-term foster care." With OPPLA, children stay in foster care until adulthood. In this situation, the child remains in the custody and maintenance of the child welfare agency.

However, PPLA is available only when other options — such as relative placement, legal guardianship, or adoption — have been ruled out.

Consult with a Family Law Attorney

Although police and child protective services help with the initial investigation, consulting with a family law attorney can also be helpful if you suspect child abuse. They can assist you in ensuring the child’s safety and help you secure your rights and the legal protections available in your case.

A family law attorney can also help you navigate this legal process by:

• Helping you file for emergency protective orders
• Coordinating with investigators and prosecutors
• Representing the child’s interest
• Ensuring proper documentation

Organizations dedicated to preventing abuse may also have helpful resources and information. Many offer referrals to attorneys specializing in child abuse and neglect cases.

Child Abuse Prevention Programs

The Children's Bureau has compiled an extensive list of agencies, nonprofit organizations, and resource centers that handle child abuse. The partnerships aim to combine expertise and resources to address the issue of child abuse and neglect in the country.

The following are the top three agencies included in the list.

American Academy of Pediatrics

The American Academy of Pediatrics is a nonprofit organization. The organization produces education and professional training materials on topics about pediatrics. They aim to secure children, infants, and young adults' mental, physical, and social health and well-being.

Children's Advocacy Centers

Children's Advocacy Centers check and treat abused or children at risk of abuse. The center provides a safe shelter for these children and gives a coordinated response to victims of abuse and neglect. They also offer various social services and programs. Included among these services are parenting education and therapeutic counseling. These programs aim to improve the child's mental health and well-being.

Children's Bureau Learning and Coordination Center

The Children's Bureau Learning and Coordination Center provides strategic communication and logistic services to boost engagement and outreach efforts that address issues relevant to child welfare and development.

When To Call an Attorney To Report Child Abuse

If you've witnessed child abuse or are a victim of abuse, the experience can leave you feeling powerless.

One of the reasons people may not report child abuse is out of fear that it will break up a family and result in the child's placement in foster homes. However, child abuse itself breaks up a family. There are a variety of possible outcomes that could result from reporting abuse, all of which would be in the child's best interest.

You're not alone when it comes to reporting child abuse. It's never too late to act. There are family law attorneys in your area who can provide you with real solutions and peace of mind.