I’ve been calling for penalties for the failure to report child abuse for years now in Maryland. Maryland remains the only state without a penalty or formal mechanism to pursue such a violation of the duty to protect children in one’s care. And for years myself and a few others have called for the enactment of such a penalty for a willful and knowing failure to report abuse. However, this bill has consistently died in the Maryland Senate and Maryland House of Delegates at the hands of legislators focused on professionals and not children and advocates less concerned with children than they have been with their own special interests. You know who you are.
Today’s allegation that a child informed a teacher about his own abuse and was told to sit down just underscores the need for a penalty for the failure to report. Penalties are not designed for the mistake or the confusing situation, but for moments like the Deonte Carraway case in Prince Georges County where not just the principal but multiple teachers in the school knowingly and willfully failed to report abuse.
A prosecutor needs to have the mechanism to pursue justice for those who abrogated their responsibility to protect the children in their care. This incident is no different and no less heinous that what occurred at Penn State where leadership at all levels turned a blind eye towards the abuse of children. When mandated reporters fail to adhere to their duty, abuse continues, pedophiles remain unaccountable, and regrettably even children die. The lack of a penalty in Maryland diminishes the significance of the crime of child abuse and the value of those lives impacted. This omission is truly one of the only incidents in Maryland law where there is a mandate required without any penalty.
A 2008 study published by the Journal of the International Society for Child Indicators concluded that the passage of effective mandatory reporting laws across the United States has clearly shown success in increasing the number of reports made to child protective services (Kesner, John. Child Protection in the United States: An Examination of Mandated Reporting of Child Maltreatment, Child Ind Res (2008) 1:397-410). Unfortunately, Maryland is the only state without any formal and enforceable remedy for the failure to report abuse – a distinction glaringly pointed out in reports issued by the United States Department of Health and Human Services and other national agencies on mandatory reporting. Without a penalty for the failure to report suspected abuse, the basic legal principle of ubi jus ibi remedium – for every wrong, the law provides a remedy – is violated. There are no teeth to encourage or enforce this basic requirement that mandatory reporters report abuse. Having a penalty for the failure to report abuse is the national standard, and Maryland must do the same to ensure and underscore the importance of reporting abuse.
Without a penalty for the failure to report suspected abuse, the basic legal principle of ubi jus ibi remedium – for every wrong, the law provides a remedy – is violated.
Review the recent history in Maryland of bills introduced to examine the failure to report penalty and system of reporting. Even task forces to examine the issue have been shot down in committee and received dissent among advocates. Review the votes of members who voted against these bills, and read the testimony of advocates and professions who rallied against a penalty. Perhaps it’s too late for this legislative session to do any good, but it’s never too late to protect children.
Today, Drew Fidler & I spoke on 88.1 WYPR about the topic of twees and technology – how do we keep our children safe in the online world. It’s in preparation for our 3 part series on the same topic at Wee Chic Boutique at Greenspring Station this weekend and next.
Over the last hour today, we discussed the threats presented online with phones, social media, and the internet as well as some strategies to be a pro-active caregiver. As I’ve often opined, I stated that Facebook & social media are not the enemy, but rather where the enemy and lurk and cause trouble.
Children, and the bad guys, know far more about how these systems work that we do as parents and caregivers. We hope this series helps level the playing field.
Most importantly, it’s about starting an ongoing dialogue with your children; recognizing that location (of the device and your child’s access to it) matters; and that by reading and understanding privacy policies and settings you can build that protective fence around our community.
And if you want a good laugh but also to drive the point home as a great conversation starter, view these videos from our friends in England at the NSPCC about being share aware:
Here are some resources so you can create your plans and learn a bit more.
A wealth of resources from NCMEC:
Social Media Contracts:
Teen Social Media Contract Example 1
Sign up and join us at Wee Chic and share our material and continue the conversation!
Let’s stay safe,
With a new year upon us, we have a fresh opportunity to review our past and see what BCAC can do in the coming year to improve the responses we provide for children who have experienced abuse and trauma. 2015 provided more than its share of unwelcome challenges and we continue to address those issues uncovered every day. One of those challenges is the increasing need to make successful mental health care referrals for the children our Center provides assistance to every day.
Perhaps you’re not aware of this, but BCAC is not in the position to directly provide every child with ongoing mental health services. The need is simply too great. However, we’re pleased to be able to work with a wide network of referral agencies: Advanced Therapeutic Connections, Baltimore Counseling Center, Change Health, Chesapeake Treatment Center, Empowering Minds Resource Center, Family & Children’s Services of Central Maryland, Hopkins Bayview, Kennedy Krieger Family Center, Key Point Health Services, King Health, Pro Bono Counseling Project, Therapeutic Living for Families, THRIVE, Time Organization, Turnaround, the University of Maryland Care Clinic, and private providers. But success is not merely defined at BCAC as sharing a name and number with a family. Among the rated criteria for all Centers to maintain accreditation with the National Children’s Alliance is to ensure that “specialized trauma-focused mental health services, designed to meet the unique needs of the children and non-offending family members” are routinely made available, and there is consistent case tracking for each client that includes the status or outcome of medical and mental health care referrals. BCAC’s team of Family Advocates works hard to make successful connections for each family. And if the first referral doesn’t work, our team works with the family to try again.
And while upon reading this, you may assume that the suggestion of mental health care services for children is always well received by caregivers, I am sorry to report that it is not always the case. Unlike a physical injury or illness where the impact and symptoms are apparent, mental health is often unrecognized by the families visiting us. So much so, that researchers found in a recent study at an urban children’s advocacy center like BCAC, that Caregivers who did not link to services believed they were not necessary for their children. The most common reason cited was because the caregiver did observe behavioral symptoms in their children. Other reasons included the fear that therapy would re-traumatize or stigmatize their children, and a mistrust of the mental health system. (Caregiver perceptions about mental health services after child sexual abuse. Child Abuse & Neglect, Volume 51, Issue null, Pages 284-294 Hiu-fai Fong, Colleen E. Bennett, Valerie Mondestin, Philip V. Scribano, Cynthia Mollen, Joanne N. Wood). Compounding the lack of perceived need are issues in finding transportation, the cost of mental health care services, and difficulty in finding the right provider.
BCAC aims to address this issue directly in 2016. We’ve created a concept to help build bridges for mental health for each family who has been identified as having a need. But we cannot accomplish this on our own. Current funding only covers our core forensic crisis services, and many thanks to those of you who stepped up and joined our Campaign for Baltimore’s Children to help address this gap.
Additionally, BCAC is looking to create new and strengthen current partnerships with referral agencies, foundations, schools and governmental agencies who can help, so we can ensure every child gets a completed mental health care services referral. Success in such a completed referral will result in reduced future negative outcomes from these Adverse Childhood Experiences which impact children’s health, school performance, neighborhood safety, and crime.
2016 is a new page in Baltimore’s history. To turn that page is not to forget Baltimore’s recent (and not so recent) past and work to address issues facing children throughout this city and region. As we turn that page here at BCAC, let’s be on the look for ways and solutions to not just report when a child reports abuse, but also to respond to send children and families down a road towards healing.
Share with me your thoughts and solutions for mental health recovery and to build bridges for each child who needs help.
Let’s stay safe,
Raise your voice for Baltimore Child Abuse Center (BCAC) and Children’s Advocacy Centers nationwide.
Funding for the Victims of Child Abuse Act is at risk.
The Federal budget deal that was just approved took $1.5 billion from the Crime Victims Fund/VOCA, which in turn, could impact the funding for the Victims of Child Abuse Act. CVF/VOCA funds are sustained by fines and fees levied against Federal criminal offenders, not your tax dollars, and 800 Child Advocacy Centers nationwide, including BCAC, rely on $20 million in funding for the Victims of Child Abuse Act to provide critical intervention services to children.
TELL THE HOUSE AND SENATE APPROPRIATIONS COMMITTEES TO FULLY FUND THE VICTIMS OF CHILD ABUSE ACT.
BCAC was able to help over 1,000 child victims of abuse, trauma, and Adverse Childhood Experiences last fiscal year alone thanks to crucial funding from the Victims of Child Abuse Act. Without this funding, we are unsure if we will be able to provide the same level of care and services to any child in Baltimore who may need our help.
Be a voice for children by contacting your U.S. Senators and Representatives. Let them know that children deserve the child-friendly, trauma-focused approach to abuse and trauma that only BCAC provides to children in Baltimore.
ADD YOUR NAME TO THIS PETITION TO LET MEMBERS OF CONGRESS KNOW THAT OUR CHILDREN NEED FULL FUNDING OF $20 MILLION FOR THE VICTIMS OF CHILD ABUSE ACT SO THAT WE CAN PROVIDE CRITICAL CRISIS INTERVENTION SERVICES FOR BALTIMORE’S CHILDREN.
Alternatively, please call your Maryland Representatives who sit on the House Appropriations Committee:
Congressman, Andy Harris at 202-225-5311;
Congressman, C.A. Dutch Rupersberger at 202-225-3061; and
Vice Chairwoman of the Senate Appropriations Committee, Senator Barbara Mikulski, who is also ranking member of the Commerce, Justice, and Science Committee at 202-224-4524.
The other morning while I was driving to work down I-83, I saw the following billboard.
Let me be clear, I would be the first to tell you that child trafficking is one of the most insidious crimes going on in this country right now. And, I admire and appreciate the fact that the FBI is waging such a public campaign to elicit citizens to help end this scourge. However, ending child trafficking is only part of the problem. It’s a bit like cleaning up an oil spill without ending the oil leak. It’s a necessary step, but it’s not fixing the whole problem.
Why doesn’t the billboard implore drivers to Help the FBI End Child Sexual Abuse? Or Child Abuse, in general? (I have issues with the term “child prostitution,” but that’s a post for another day.)
Indeed, there are incidences of child trafficking and prostitution that resulted from a child abduction, but most cases of child trafficking victims aren’t like the movie, “Taken”. These are children who’ve experienced multiple adverse childhood experiences, among them child abuse and sexual abuse. In fact, 90% of children who are commercially sexually exploited have a history of sexual abuse, according to National Institute of Justice. (2007). Commercial sexual exploitation of children: What do we know and what do we do about it? (Publication NCJ 215733). US Department of Justice. Office of Justice Programs.n.
Baltimore Child Abuse Center spends a good amount of time working with and helping prevent child trafficking. For over five years now, our forensic interviewers have helped with FBI investigations when cases of child or human trafficking have been discovered. We sit on a variety of task forces, and one of our staff members is one of the state’s (if not the nation’s) leading experts on approaches to combating child sex trafficking.
If there’s anything that we’ve learned in 25 years of forensic interviewing and intervening in child sex abuse cases, it’s that a child deserves the best possible response so that they can find justice and heal. Further, they would be far better-served if we began to concentrate more of our efforts at the root of the problem, rather than responding to situations further down the road.
Perhaps it’s our absolute revulsion over the idea of a child being sold into prostitution that makes such public campaigns and outrage plausible, but I believe firmly that we all should be equally repulsed and ashamed by the fact that children are being abused and sexually abused in every community across Maryland and the entire U.S. Where are the massive public campaigns to stop it?
To my colleagues and advocates in the field who work tirelessly to prevent child trafficking, I salute you. And I also ask, what else we should be doing to prevent these children from ending up in that predicament to begin with?
At Baltimore Child Abuse Center, we advocate on behalf of children. We give child victims of abuse a voice and feel that they should be heard in the ongoing domestic violence and sexual assault conversations with the NFL.
What About Kids? This is a question we seem to always find ourselves asking. Why aren’t children’s voices heard on a national scale? Why are children so often overlooked in conversations regarding domestic violence and sexual assault?
Child abuse is just as much a problem as domestic violence and sexual assault; it is also a separate one. With more than 3 million reports of child abuse made in the United States involving more than 6 million children each year, the issue is worth public conversation, especially in light of the recent Adrian Peterson case.
We think it’s fantastic that the NFL has come out in opposition of domestic violence and sexual assault, post-Ray Rice. The airing of #NoMore campaign ads, featuring celebrities and NFL superstars during NFL game times is a tremendous step toward raising public awareness of domestic violence and sexual assault. We wholeheartedly commend the NFL on these efforts. But, once again, we’re brought back to this pervasive question: What About Kids?
It’s time for children to be heard.
Complete with talking points, sample blog/newsletter posts, and social media content, the #WhatAboutKids toolkit is a resource for Child Advocacy Centers nationwide and other friends in the community who want to engage in this dialogue.
Custom social media images are available for Child Advocacy Centers nationwide. Contact Jenny to request yours.