FAILURE TO REPORT CHILD ABUSE LAW IN FLORIDA

FAILURE TO REPORT CHILD ABUSE LAW IN FLORIDA

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INSTITUTIONAL AFFILIATION

Introduction

Across the united states in the year 2016, the child protection services confirmed that approximately 676,000 children were victims of child abuse and neglect. Younger children were potentially referred for maltreatment as they are most of the time likely to die from abuse or neglect. The state of Florida identified under-reporting of cases of child abuse as recognized problem, the authorities, however, have a hard time in identifying true cases, having challenges in measuring an abuse and with differing definition of abuse show a hard time to ascertain the child abuse prevalence and enforcement of the chapter 39 law of the Florida statutes (Kenny,2014). This paper is developed to show the depth of coverage the law covers such as the inclusion of children abusing other children and also show the deficiency whereby the authorities are unable to identify a true case of abuse.

According to 2009 statistics, approximately 134 children in the state of Florida are abused on a daily basis (Jaffe et al,2012). The Florida law chapter 39 was developed in the effort of the state trying to limit the deaths of minors and children from abuse. The new Florida law that went in effect on October 1st 2012 holds adults who do not report child and vulnerable persons abuse to account as a felony that attracts penalty of up to $ 1,000,000 for institutions and $ 5,000 for individuals. Inspired by the Sandusky tragedy, the office of the governor was recorded as not to support child abuse and anyone who witnesses such is mandated to report it (Kenny,2014). The comprehensiveness of this law does not only implicate adults abusing children but also requires the reporting of a child-abusing another child. The state of Florida however with the introduction of this law does not prohibit the corporal punishment of the child but rather states that excessive use of punishment and beating of a child is child abuse (Jaffe et al,2012). The law shows that the lack of reporting abuse only helps the abuser. The reporting of child abuse is mandatory and the law has taken a step to explain signs of child abuse into details. The misdemeanor was enacted into a felony so as to enhance the county’s laws on child abuse, protecting the children and those vulnerable.

The law is very comprehensive in that it applies to anyone who fails to report any suspected abuse or neglect by custodians, caregivers or anyone responsible for the child’s welfare. Thus, giving everyone a legal duty to report suspicions and known child abuses or neglect (Dale,2014). The law also can impose probation of up to five years or sentenced a maximum of five years as provided by the statutory. In law, ignorance is no defense hence anyone who willingly withholds from reporting abuse or suspected abuse can be prosecuted for the offense as a felony. According to Florida new laws, a mandatory reporter is anyone, not the common belief that they have to be health officials, child welfare workers or even teachers (Dale,2014).

The deficiency of this law is that it does not cover reasonable suspicion as one can have a defense to failure to report child abuse or neglect as lack of reasonable suspicion whereby the law does not require one to report a suspicion based on gossip or rumors (Dale,2014). The Florida appellate courts have not specifically defined reasonable doubt but there are numerous appellate that define reasonable suspicion generally. Regard a child’s injury a layperson can be allowed to accept apparent explanation but doctors, teachers, welfare workers can not be pardon if the parent’s reason is conflicting specialized training on whether suspicion exists. Falsely accusation of parents on matters of child abuse is also a want in the law, some cases recorded show how conclusions of pediatricians getting wrong. Reports on such cases of wrongful convicted parents’ critics the law that was said not to allow right. Lack of evidence on the reported cases at some point shows the deficiency of the law whereby it has to get for a conviction (Harris,1993). The reporting of minor complains such as raising a voice to a child may be reported making it hard for the law authority to filter the actual abuses from the minor reporting.

The paper reviews the Florida law in chapter 39 of the statutes that are designed to protect vulnerable persons and children from abuse. The mandate to report any suspicion or known child abuses is placed on every person in Florida with failure to report is regarded as a felony. The law is comprehensive as it gives details on signs of abuse, provides for where to report, is inclusive of a arrange of perpetrators. It, however, has its deficiency as it has not been able to specify the definition of suspicion, with a number of cases being reported the authority have a hard time identifying true cases of child abuse and neglect.

References

Dale, M. J. (2014). 2014 Survey Of Juvenile Law. Nova L. Rev., 39, 37.

Harris, D. A. (1993). Factors for reasonable suspicion: When black and poor means stopped and frisked. Ind. Lj, 69, 659.

Jaffe, P. G., Campbell, M., Hamilton, L. H., & Juodis, M. (2012). Children in danger of domestic homicide. Child Abuse and Neglect-the International Journal, 36(1), 71.

Kenny, M. C. (2014). Web-based training in child maltreatment for future mandated reporters. Child Abuse & Neglect, 31(6), 671-678.