Skip to main content Accessibility help
×
Hostname: page-component-cd9895bd7-gvvz8 Total loading time: 0 Render date: 2024-12-23T08:50:28.906Z Has data issue: false hasContentIssue false

Chapter 18 - Mandatory Reporting of Child Maltreatment

from Section 4 - Law

Published online by Cambridge University Press:  07 June 2023

Keith A. Findley
Affiliation:
University of Wisconsin, Madison
Cyrille Rossant
Affiliation:
University College London
Kana Sasakura
Affiliation:
Konan University, Japan
Leila Schneps
Affiliation:
Sorbonne Université, Paris
Waney Squier
Affiliation:
John Radcliffe Hospital, Oxford
Knut Wester
Affiliation:
Universitetet i Bergen, Norway
Get access

Summary

The 1970s saw the rise of shaken baby syndrome diagnoses. In many countries this has led to children placed in custody and parents prosecuted. Child protection services were rapidly established in Anglo-American countries from the 1970s. Often professionals were mandated to report to government authorities on suspicion of child maltreatment, with the definition expanded to include physical, emotional, and sexual abuse and neglect. In the desire to keep children safe, child abuse paediatricians may be reluctant to accept possible non-abuse causes for medical findings. Instead of adversarial child protection systems focused on removal of children to keep them safe from dangerous parents, Nordic and some Continental European countries have a family-support orientation. This views abuse as a problem of family conflict or dysfunction arising from social and psychological difficulties, which will respond to support and help. Out-of-home care is last resort. The way that child abuse is framed influences outcomes for children and their families to a much greater extent than whether or not there is mandatory reporting.

Type
Chapter
Information
Shaken Baby Syndrome
Investigating the Abusive Head Trauma Controversy
, pp. 275 - 286
Publisher: Cambridge University Press
Print publication year: 2023

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Lynch, MA. Child abuse before Kempe: An historical literature review. Child Abuse and Neglect. 1985;9(1):715.Google Scholar
Roche, AJ, Fortin, G, Labbé, J, Brown, J, Chadwick, D. The work of Ambroise Tardieu: The first definitive description of child abuse. Child Abuse and Neglect. 2005;29(4):325–34.Google Scholar
Ingalls, TH. The role of scurvy in the etiology of chronic subdural hematoma. New England Journal of Medicine. 1936;215(27):1279–81.Google Scholar
Ingraham, FD, Matson, DD. Subdural hematoma in infancy. Journal of Pediatrics. 1944;24(1):137.Google Scholar
Caffey, J. Multiple fractures in the long bones of infants suffering from chronic subdural hematoma. American Journal of Roentgenology Radium Therapy and Nuclear Medicine. 1946;56(2):163–73.Google Scholar
Woolley, PV, Evans, WA. Significance of skeletal lesions in infants resembling those of traumatic origin. JAMA. 1955;158(7):539–43.Google Scholar
Astley, R. Multiple metaphyseal fractures in small children (metaphyseal fragility of bone). British Journal of Radiology. 1953;26(311):577–83.Google Scholar
Kempe, CH, Silverman, FN, Steele, BF, Droegemueller, W, Silver, HK. The battered child syndrome. JAMA. 1962;181(1):1724.Google Scholar
Guthkelch, AN. Infantile subdural haematoma and its relationship to whiplash injuries. British Medical Journal. 1971;2(5759):430–1.Google Scholar
Caffey, J. On the theory and practice of shaking infants: Its potential residual effects of permanent brain damage and mental retardation. American Journal of Diseases of Children. 1972;124(2):161–9.Google Scholar
Caffey, J. The whiplash shaken infant syndrome: Manual shaking by the extremities with whiplash-induced intracranial and intraocular bleedings, linked with residual permanent brain damage and mental retardation. Pediatrics. 1974;54(4):396403.Google Scholar
Kelly, P, Farrant, B. Shaken baby syndrome in New Zealand, 2000–2002. Journal of Paediatrics and Child Health. 2008;44(3):99107.Google Scholar
Christian, CW, Block, R. Abusive head trauma in infants and children. Pediatrics. 2009;123(5):1409–11.Google Scholar
Elinder, G, Eriksson, A, Hallberg, B et al. Traumatic shaking: The role of the triad in medical investigations of suspected traumatic shaking. Acta Paediatrica. 2018;107:323.Google Scholar
Squier, W. The triad of retinal haemorrhage, subdural haemorrhage and encephalopathy in an infant unassociated with evidence of physical injury is not the result of shaking, but is most likely to have been caused by a natural disease: Yes. Journal of Primary Health Care. 2011;3(2):159–61.Google Scholar
US Congress. Child Abuse Prevention and Treatment Act (CAPTA). PL 93-247, 1974.Google Scholar
UK Government. The Children Act 1989. House of Commons Vol. C41. London, 1989.Google Scholar
World Health Organization. Preventing child maltreatment: A guide to taking action and generating evidence. World Health Organization, 2006.Google Scholar
Price-Robertson, R, Bromfield, L, Lamont, A. International approaches to child protection: What can Australia learn? CFCA paper. Australian Institute of Family Studies. 2014;23:111.Google Scholar
Besharov, DJ. Responding to child sexual abuse: The need for a balanced approach. Future Child. 1994;4(2):135–55.Google Scholar
Turney, K, Wildeman, C. Mental and physical health of children in foster care. Pediatrics. 2016;138(5):111.Google Scholar
Cantwell, HB. Vaginal inspection as it relates to child sexual abuse in girls under thirteen. Child Abuse and Neglect. 1983;7(2):171–6.Google Scholar
Hobbs, C, Wynne, J. Buggery in childhood: A common syndrome of child abuse. Lancet. 1986;2:792–6.Google Scholar
Goodyear-Smith, F. What is the evidence for non-sexual transmission of gonorrhoea in children after the neonatal period? A systematic review. Journal of Forensic and Legal Medicine. 2007;14(8):489502.Google Scholar
United Nations International Children’s Emergency Fund (UNICEF). A league table of child maltreatment deaths in rich countries. Innocenti Research Centre, 2003.Google Scholar
Child and Youth Mortality Review Committee. 15th data report Te pūrongo raraunga 15 2015–19. Wellington Health Quality & Safety Commission, 2021.Google Scholar
SM. Influential Auckland pediatrician recognised with ONZM. Stuff. 2016, 5 June.Google Scholar
Ministry of Health. Family violence questions and answers: Is it mandatory to report abuse? www.health.govt.nz/our-work/preventative-health-wellness/family-violence/family-violence-questions-and-answers.Google Scholar
Clinical Network for Child Protection. Schedule 1: Children admitted to hospital with suspected or confirmed abuse or neglect. Clinical Network for Child Protection, 2011.Google Scholar
Kelly, P, Hayes, I. Infantile subdural haematoma in Auckland, New Zealand: 1988–1998. New Zealand Medical Journal. 2004;117(1201):U1047.Google Scholar
Kelly, P, John, S, Vincent, AL, Reed, P. Abusive head trauma and accidental head injury: A 20-year comparative study of referrals to a hospital child protection team. Archives of Disease in Childhood. 2015;100(12):1123–30.CrossRefGoogle ScholarPubMed
Frasier, LD, Kelly, P, al-Eissa, M, Otterman, GJ. International issues in abusive head trauma. Pediatric Radiology. 2014;44(Suppl 4):S647–53.Google Scholar
KidsHealth. What is shaken baby syndrome? www.kidshealth.org.nz/never-ever-shake-baby.Google Scholar
John, SM, Kelly, P, Vincent, A. Patterns of structural head injury in children younger than 3 years: A ten-year review of 519 patients. Journal of Trauma and Acute Care Surgery. 2013;74(1):276–81.Google Scholar
Vincent, AL, Kelly, P. Retinal haemorrhages in inflicted traumatic brain injury: The ophthalmologist in court. Clinical and Experimental Ophthalmology. 2010;38(5):521–32.CrossRefGoogle ScholarPubMed
John, SM, Jones, P, Kelly, P, Vincent, A. Fatal pediatric head injuries: A 20-year review of cases through the Auckland coroner’s office. American Journal of Forensic Medicine and Pathology. 2013;34(3):277–82.Google Scholar
Kelly, P, MacCormick, J, Strange, R. Non-accidental head injury in New Zealand: The outcome of referral to statutory authorities. Child Abuse and Neglect. 2009;33(6):393401.Google Scholar
Pence, DM, Wilson, CA. Reporting and investigating child sexual abuse. Future Child. 1994;4(2):7083.CrossRefGoogle ScholarPubMed
Oz, S, Balshan, D. Mandatory reporting of childhood sexual abuse in Israel: What happens after the report? International research. Journal of Child Sex Abuse. 2007;16(4):122.Google Scholar
Morad, Y, Avni, I, Capra, L et al. Shaken baby syndrome without intracranial hemorrhage on initial computed tomography. Journal of Pediatric Ophthalmology and Strabismus. 2004;8(6):521–7.Google Scholar
Parton, N, Berridge, D. Child protection in England. In Child protection systems: International trends and orientations. Gilbert, N, Parton, N, Skivenes, M, eds. Oxford University Press, 2011, pp. 6085.Google Scholar
Bilson, A, Martin, KEC. Referrals and child protection in England: One in five children referred to children’s services and one in nineteen investigated before the age of five. British Journal of Social Work. 2016;47(3):793811.Google Scholar
Bywaters, P, Brady, G, Sparks, T, Bos, E. Inequalities in child welfare intervention rates: The intersection of deprivation and identity. Child and Family Social Work. 2016;21(4):452–63.Google Scholar
Hooper, C, Gorin, S, Cabral, C, Dyson, C. Living with hardship 24/7: The diverse experiences of families in poverty in England. Frank Buttle Trust, 2007.Google Scholar
Tufford, L. Child abuse and neglect in Canada: A guide for mandatory reporters. Oxford University Press, 2019.Google Scholar
Trocmé, NM, Tourigny, M, MacLaurin, B, Fallon, B. Major findings from the Canadian incidence study of reported child abuse and neglect. Child Abuse and Neglect. 2003;27(12):1427–39.Google Scholar
Swift, K. Canadian child welfare. In Child protection systems: International trends and orientations. Gilbert, N, Parton, N, Skivenes, M, eds. Oxford University Press, 2011, pp. 3659.Google Scholar
Bird, S. Child abuse: Mandatory reporting requirements. Australian Family Physician. 2011;40(11):921–6.Google Scholar
Australian Institute of Health and Welfare. Child protection Australia 2019–20. Australian Institute of Health and Welfare, 2021.Google Scholar
Liley, W, Stephens, A, Kaltner, M et al. Infant abusive head trauma incidence, outcomes and awareness. Australian Family Physician. 2012;41(10):823–6.Google Scholar
Ministry of Health Brazil. Annex 1 Ordinance No 104 Federative Republic of Brazil. Brasilia, 2011.Google Scholar
Cardia, N, Lagatta, P, Affonso, C. Assessment of child maltreatment prevention readiness: Country report. University of São Paulo, 2012.Google Scholar
Republic of Korea. Child Welfare Act. In Welfare PS. 12361. Seoul 2014.Google Scholar
Ministry of Health and Welfare. The protection of children and youths welfare and rights act. Republic of China, 2003.Google Scholar
Supreme People’s Procuratorate, National Supervision Commission, Ministry of Education et al. Opinions on establishing a mandatory reporting system for cases of violations against juveniles (provisional) in procuratorate SPs. Supreme People’s Procuratorate, 2020.Google Scholar
Wiklund, S. Signs of child maltreatment. The extent and nature of referrals to Swedish child welfare agencies Barnavårdsanmälningar i Sverige: omfattning, källor och problembilder. European Journal of Social Work. 2006;9(1):3958.Google Scholar
Ångman, I, Gustafsson, M. Combating child abuse and neglect in Sweden. 2011.Google Scholar
Pösö, T. Combatting child abuse in Finland. In Child protection systems: International trends and orientations. Gilbert, N, Parton, N, Skivenes, M, eds. Oxford University Press, 2011, pp. 112–30.Google Scholar
Knijn, T, Van Nijnatten, C. Child welfare in the Netherlands. In Child protection systems: International trends and orientations. Gilbert, N, Parton, N, Skivenes, M, eds. Oxford University Press, 2011, pp. 223–40.Google Scholar
Desair, K, Adriaenssens, P. Policy toward child abuse and neglect in Belgium. In Child protection systems: International trends and orientations. Gilbert, N, Parton, N, Skivenes, M, eds. Oxford University Press, 2011, pp. 204–22.Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×