Abstract
Child abuse and neglect has reached ‘epidemic’ proportions globally. Whilst it is difficult to ascertain the exact incidence of child maltreatment, overwhelming evidence indicates the magnitude of the problem is significant (Mathews B, Bromfield L. Australian laws and policies on child neglect. In Dubowitz H (ed) World perspectives on child abuse. ISPCAN, Aurora, 2012, pp 61–66). In recent years there has been an influx of media attention, government inquiries into departmental responses to child abuse and neglect and a host of research identifying the prevalence of abuse and neglect in our society. Schools are arguably on the front line, holding a front row seat to the detection and reporting of child maltreatment. As our society becomes more complex, and the responsibilities of educators more diverse and welfare oriented, the legal terrain for educators and educational leaders becomes more ambiguous. This chapter aims to provide education professionals with an overview of the legal issues commonly encountered in the professional context, the nature of mandatory reporting obligations and the often conflicting moral and ethical considerations. The chapter will explore the attitudes and deterrents to educators fulfilling these obligations and role of preservice education in adequately preparing professionals for the complexities of their role on the front line of child protection.
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References
Abrahams, N., Casey, K., & Daro, D. (1992). Teachers’ knowledge, attitudes, and beliefs about child abuse and its prevention. Child Abuse & Neglect, 16(2), 229–238.
Ainsworth, F. (2002). Mandatory reporting of child abuse and neglect: Does it really make a difference? Child & Family Social Work, 7(1), 57–63.
Alvarez, K. M., Kenny, M. C., Donohue, B., & Carpin, K. M. (2004). Why are professionals failing to initiate mandated reports of child maltreatment, and are there any empirically based training programs to assist professionals in the reporting process? Aggression and Violent Behaviour, 9, 563–578.
Australian Institute of Health and Welfare (AIHW). (2015). Youth justice fact sheet no. 47. Types of community-based youth justice supervision: 2013–14. Cat. no. JUV 66. Canberra: AIHW.
Australian Institute of Health and Welfare. (2016). Child protection Australia 2014–15. Child welfare series no. 63. Cat. no. CWS 57. Canberra: AIHW.
Baginsky, M. (2003). Newly qualified teachers and child protection. Child Abuse Review, 12, 119–127.
Blaskett, B., & Taylor, C. (2003). Facilitators and inhibitors of mandatory reporting of suspected child abuse. Ballarat: University of Ballarat.
Bourke, A., & Maunsell, C. (2015). ‘Teachers matter’: The impact of mandatory reporting on teacher education in Ireland. Child Abuse Review. doi: https://doi.org/10.1002/car.2379.
Briggs, F., & Hawkins, R. (1997). Child protection: A guide for teachers and child care professionals. St Leonards: Allen St Unwin.
Bromfield, L. M. (2005). Chronic child maltreatment in an Australian statutory child protection sample. Unpublished doctoral dissertation, Deakin University, Geelong.
Bromfield, L., & Miller, R. (2007). Specialist practice guide: Cumulative harm. Melbourne: Victorian Government Department of Human Services.
Bromfield, L., Lamont, A., Antcliff, G., & Parker, R. (2014). Practice guide 7: Cumulative harm. Sydney: The Benevolent Society.
Buckley, H., & McGarry, K. (2011). Child protection in primary schools: A contradiction in terms or a potential opportunity? Irish Educational Studies, 30(1), 113–128.
Catholic Education Commission NSW. (2016). Annual report 2016. NSW: Author.
Centers for Disease Control and Prevention. (2016). Adverse childhood experiences study. Retrieved September 20, 2016, from https://www.cdc.gov/violenceprevention/acestudy/ child abuse: An analysis of the decision to report. Child Abuse & Neglect, 19(9), 095–1113. Child Protection Act (Qld) 1999.
CFCA. (2016). Reporting child abuse and neglect – CFCA resource sheet. Victoria: Australian Institute of Family Studies.
Christoffel, K. K., Scheidt, P. C., Agran, P. F., Kraus, J. F., McLoughlin, E., & Paulson, J. A. (1992). Standard definitions for childhood injury research: Excerpts of a conference report. Pediatrics, 89(6), 1027–1034.
Commonwealth of Australia. (2015). Reports of case study 6: The response of a primary school and the Toowoomba Catholic education office to the conduct of Gerard Byrnes. NSW: Commonwealth of Australia Education (General Provisions) Act (Qld) 2006.
Crenshaw, W. B., Crenshaw, L. M., & Lichtenberg, J. W. (1995). When educators confront difference? Child and Family Social Work, 7(1), 57.
Denham, G. (2008). Mandatory reporting of child abuse requirements for medical imaging professionals throughout Australia. The Radiographer, 55(3), 9–12.
Department of Health. (2002). Safeguarding children: A joint chief inspectors’ report on arrangements to safeguard children. London: Department of Health.
Department of Education and Child Development South Australia. (2016). Child protection in schools, early childhood education and care. South Australia: Author.
Department of Education and Training Victoria. (2016). Child protection – Reporting obligations. Victoria: Author.
Department of Education Northern Territory. (2016). Student safety and wellbeing. Northern Territory: Author.
Department of Education Queensland. (2016). Student protection procedure. Queensland: Author.
Department of Education Western Australia. (2016). Child protection. Western Australia: Author
Department of Education, Australian Capital Territory. (2016). Safe and supportive schools. WA: Author.
Felitti, V. J., Anda, R. F., Nordenberg, D., Williamson, D. F., Spitz, A. M., Edwards, V., & Koss, M. P. (1998). Relationship of childhood abuse and household dysfunction in many of the leading causes of death in adults. American Journal of Preventive Medicine, 14(4), 245–258.
Feng, J.-Y., & Levine, M. (2005). Factors associated with nurses’ intention to report child abuse: A national survey of Taiwanese nurses. Child Abuse & Neglect, 29(7), 783–795.
Feng, J. Y., Chen, S. J., Wilk, N. C., Yang, W. P., & Fetzer, S. (2009). Kindergarten teachers’ experience of reporting child abuse in Taiwan: Dancing on the edge. Children and Youth Services Review, 31(3), 405–409.
Feng, J. Y., Huang, T. Y., & Wang, C. J. (2010). Kindergarten teachers’ experience with reporting child abuse in Taiwan. Child Abuse & Neglect, 34(2), 124–128.
Feng, J. Y., Chen, Y. W., Fetzer, S., Feng, M. C., & Lin, C. L. (2012). Ethical and legal challenges of mandated child abuse reporters. Children and Youth Services Review, 34(1), 276–280.
Francis, K., Chapman, Y., Sellick, K., James, A., Miles, M., Jones, J., & Grant, J. (2012). The decision-making processes adopted by rurally located mandated professionals when child abuse or neglect is suspected. Contemporary Nurse, 41(1), 58–69.
Gilligan, R. (1998). The importance of schools and teachers in child welfare. Child and Family Social Work, 3, 13–25.
Goddard, C. (1996). Child abuse and child protection a guide for health, education and welfare professionals. South Melbourne: Churchill Livingstone.
Goddard, C., Saunders, B., Stanley, J., & Tucci, J. (2002). A study in confusion: Factors which affect the decisions of community professionals when reporting child abuse and neglect. Australians Against Child Abuse, Melbourne.
Goebbels, A., Nicholson, J., Walsh, K., & De Vries, H. (2008). Teachers’ reporting of suspected child abuse and neglect: Behaviour and determinants. Health Education Research, 23(6), 941–951.
Government of Western Australia. (2008). Mandatory reporting of child sexual abuse. Western Australia: Government of Western Australia, Department of Child Protection.
Harries, M., & Clare, M. (2002). Mandatory reporting of child abuse: Evidence and options. Perth: University of Western Australia.
Hawkins, R., & McCallum, C. (2001). Mandatory notification training for suspected child abuse and neglect in South Australian schools. Child Abuse & Neglect, 25(12), 1603–1625.
Hayes, A., & Higgins, D. (Eds.). (2014). Families, policy and the law: Selected essays on contemporary issues for Australia. Melbourne: Australian Institute of Family Studies.
Higgins, D. (2004). Differentiating between child maltreatment experiences. Family Matters, 69, 50–55.
Jervis-Tracey, P., Chenoweth, L., McAuliffe, D., O’Connor, B., & Stehlik, D. (2012). Managing tensions in statutory professional practice: Living and working in rural and remote communities. Australian and International Journal of Rural Education, 22(2), 97.
Kean, R. B., & Dukes, R. L. (1991). Effects of witness characteristics on the perception and reportage of child abuse. Child Abuse & Neglect, 15(4), 423–435.
Kempe, C. H., Silverman, F., Steele, B., Droegemueller, W., & Silver, H. (1962). The battered-child syndrome. JAMA: Journal of the American Medical Association, 181, 17–24.
Kenny, M. C. (2001). Child abuse reporting: Teachers’ perceived deterrents. Child Abuse & Neglect, 25(1), 81–92.
Kenny, M. C. (2004). Teachers’ attitudes toward and knowledge of child maltreatment. Child Abuse & Neglect, 28(12), 1311–1319.
Kesner, J. E. (2000). Teacher characteristics and the quality of child–teacher relationships. Journal of School Psychology, 38(2), 133–149.
Kesner, J. E., & Robinson, M. (2002). Teachers as mandated reporters of child maltreatment: Comparison with legal, medical, and social services reporters. Children & Schools, 24(222), 231.
Kezelman Am, C., Hossack, N., Stavropoulos, P., & Burley, P. (2015). The cost of unresolved childhood trauma and abuse in adults in Australia. Sydney: Adults Surviving Child Abuse.
Layton, R. (2003). Child protection review. Adelaide: Government of South Australia.
Lindsey, D. (2004). The welfare of children (2nd ed.). New York: Oxford University Press.
Lonne, R., & Gillespie, K. (2014). How do Australian print media representations of child abuse and neglect inform the public system reform. Child Abuse & Neglect, 38(5), 837–850. https://doi.org/10.1016/j.chiabu.2014.04.021.
Mathews, B. (2011). Teacher education to meet the challenges of child sexual abuse. Australian Journal of Teacher Education, 36(11), 13–32.
Mathews, B. (2012). Mandatory reporting laws in the. Current legal issues, Law and childhood studies (Vol. 14, pp. 302).
Mathews, B. (2014). Mandatory reporting laws and identification of child abuse and neglect: Consideration of differential maltreatment types, and a cross-jurisdictional analysis of child sexual abuse reports. Social Sciences, 3(3), 460–482.
Mathews, B., & Bross, D. (2008). Mandated reporting is still a policy with reason: Empirical evidence and philosophical grounds. Child Abuse & Neglect, 32(5), 511–516.
Mathews, B., & Kenny, M. C. (2008). Mandatory reporting legislation in the USA, Canada and Australia: A cross-jurisdictional review of key features, differences and issues. Child Maltreatment, 13(1), 50–63.
Mathews, B., & Walsh, K. (2004). Queensland teachers’ new legal obligation to report child sexual abuse. Australia and New Zealand Journal of Law and Education, 9(1), 25–40.
Mathews, B. P., & Walsh, K. M. (2014). Mandatory reporting laws. In A. Hayes & D. Higgins (Eds.), Families, policy and the law: Selected essays on contemporary issues for Australia (pp. 131–142). Melbourne: Australian Institute of Family Studies.
Mathews, B. P., & Walsh, K. M. (2015). Submission to Queensland Law Reform Commission WP 73 Review of child protection mandatory reporting laws for the early childhood education and care sector. Brisbane: Queensland Law Reform Commission.
Mathews, B. P., Walsh, K. M., Butler, D. A., & Farrell, A. M. (2006). Mandatory reporting by Australian teachers of suspected child abuse and neglect: Legislative requirements and questions for future direction. Australia and New Zealand Journal of Law and Education, 11(2), 7–22.
Mathews, B., Goddard, C., Lonne, B., Short, S., & Briggs, F. (2009). Developments in Australian laws requiring the reporting of suspected child sexual abuse. Children Australia, 34(3), 18–23.
Mathews, B. P., Bromfield, L., Walsh, K. M., & Vimpani, G. (2015). Child abuse and neglect: A socio-legal study of mandatory reporting in Australia – Report for the Australian government. Commonwealth of Australia, Canberra, A.C.T. (In Press).
McDaniel, M. (2006). In the eye of the beholder: The role of reporters in bringing families to the attention of child protective services. Children and Youth Services Review, 28, 306–324.
McKee, B. E., & Dillenburger, K. (2009). Child abuse and neglect: Training needs of student teachers. International Journal of Educational Research, 48(5), 320–330.
McKee, B. E., & Dillenburger, K. (2012). Effectiveness in child protection training for pre-service early childhood educators. International Journal of Educational Research, 53, 348–359.
Melton, G. (2005). Mandated reporting: A policy without reason. Child Abuse & Neglect, 29(1), 9–18.
Morejohn, N. B. (2006). Reporting child maltreatment: Challenges faced by teachers. Berkeley: California State University.
New South Wales Department of Education. (2016). Guide to teaching and protecting young people. NSW: Author.
Nurcombe, B., Wooding, S., Marrington, P., Bickman, L., & Roberts, G. (2000). Child sexual abuse II: Treatment. Australian & New Zealand Journal of Psychiatry, 34, 92–97.
O’Toole, R., & Webster, S. W. (1999). Teachers’ recognition and reporting of child abuse: Factorial survey. Child Abuse & Neglect, 23(11), 1083–1101.
O’Toole, R., Webster, S. W., O’Toole, A. W., & Lucal, B. (1999). Teachers’ recognition and reporting of child abuse: A factorial survey. Child Abuse & Neglect, 23(11), 1083–1101.
Portwood, S. (1998). The impact of individuals’ characteristics and experiences on their definitions of child maltreatment. Child Abuse & Neglect. 22(5), 437–452. Professionals. St Leonards: Allen & Unwin.
Queensland Government. (2015). Queensland child safety practice manual. Brisbane: Department of Communities, Child Safety and Disabilities.
Queensland Catholic Education Commission. (2016). Annual report 2016. Queensland: Author.
Riley, P. (2009). An adult attachment perspective on the student–teacher relationship & classroom management difficulties. Teaching and Teacher Education, 25(5), 626–635.
Romano, N., Casey, K., & Daro, D. (1990). Schools and child abuse: A national survey of principals’ attitudes, beliefs and practices. Chicago: National Centre on Child Abuse Prevention Research.
Saunders, B. J., & Goddard, C. (2002). The role of mass media in facilitating community education and child abuse prevention strategies. Melbourne: Australian Institute of Family Studies.
Scott, D. A. (2012). Improving the measurement and surveillance of child abuse in Queensland emergency departments. Doctoral dissertation, Queensland University of Technology.
Seidman, E., Allen, L., Aber, J. L., Mitchell, C., & Feinman, J. (1994). The impact of school transitions in early adolescence on the self-system and social context of poor urban youth. Child Development, 65, 507–522.
Smallbone, S., & Wortley, R. (2001). Child sexual abuse in Queensland: Offender characteristics and modus operandi. Trends and issues in crime and criminal justice 193. Canberra: Australian Institute of Criminology.
Smyth, K. (1996). An investigation into teachers’ knowledge and awareness of child sexual abuse in singe sex national schools in Dublin. Journal of Child Centred Practice, 3(1), 23–44.
Sundell, K. (1997). Child care personnel’s failure to report child maltreatment: Some Swedish evidence. Child Abuse & Neglect, 21(1), 93–105.
Taylor, A. S. (1997). From survival to reflection: Locating child protection in teacher education. In J. Davies & P. Garner (Eds.), At the crossroads: Special education needs and teacher education (pp. 61–74). London: David Fulton Publishers.
Taylor, A. (1998). Hostages to fortune: The abuse of children in care. In G. Hunt (Ed.), Whistleblowing in the social services: Public accountability and professional practice. London: Arnold.
Taylor, A. S., & Hodgkinson, K. (2001). Subjecting the initial teacher training curriculum for England and Wales to the test of child protection. Teacher Development, 5(1), 75–86.
Triseliotis, J. P., Sellick, C., & Short, R. (1995). Foster care: Theory and practice. London: Batsford.
Unicef. (1989). Convention on the Rights of the Child. Child Labor, 8.
U.S. Advisory Board on Child Abuse and Neglect. (1990). Child abuse and neglect: Critical first steps in response to a national emergency. Washington, DC: U.S. Department of Health and Human Services and Office of Human Developmental Services.
Victoria Government, Department of Human Services. (2007). Cumulative harm: A conceptual overview. Melbourne: Victorian Government.
Walsh, K., & Farrell, A. (2008). Identifying and evaluating teachers’ knowledge in relation to child abuse and neglect: A qualitative study with Australian early childhood teachers. Teaching and Teacher Education, 24(3), 585–600.
Walsh, K., Farrell, A., Schweitzer, R., & Bridgstock, R. (2005). Critical factors in teachers’ detecting and reporting child abuse and neglect: Implications for practice. Brisbane: Queensland University of Technology.
Walsh, K. M., Laskey, L., McInnes, E., Farrell, A., Mathews, B. P., & Briggs, F. (2011). Locating child protection in preservice teacher education. Australian Journal of Teacher Education, 36(7), 1–20.
Warner, J. E., & Hansen, D. J. (1994). The identification and reporting of physical abuse by physicians: A review and implications for research. Child Abuse & Neglect, 18(1), 11–25.
Webster, S. W., O’Toole, R., O’Toole, A. W., & Lucal, B. (2005). Overreporting and underreporting of child abuse: Teachers’ use of professional discretion. Child Abuse & Neglect, 29(11), 1281–1296.
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Bryce, I. (2018). Child Protection for Educators and Principals: A Moral and Legal Obligation. In: Trimmer, K., Dixon, R., S. Findlay, Y. (eds) The Palgrave Handbook of Education Law for Schools. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-319-77751-1_5
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