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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

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  • Ben Mathews

    (Faculty of Law, Australian Centre for Health Law Research, Queensland University of Technology, Brisbane, 2 George Street, Brisbane, QLD 4001, Australia)

Abstract

Mandatory reporting laws have been created in many jurisdictions as a way of identifying cases of severe child maltreatment on the basis that cases will otherwise remain hidden. These laws usually apply to all four maltreatment types. Other jurisdictions have narrower approaches supplemented by differential response systems, and others still have chosen not to enact mandatory reporting laws for any type of maltreatment. In scholarly research and normative debates about mandatory reporting laws and their effects, the four major forms of child maltreatment—physical abuse, sexual abuse, emotional abuse, and neglect—are often grouped together as if they are homogenous in nature, cause, and consequence. Yet, the heterogeneity of maltreatment types, and different reporting practices regarding them, must be acknowledged and explored when considering what legal and policy frameworks are best suited to identify and respond to cases. A related question which is often conjectured upon but seldom empirically explored, is whether reporting laws make a difference in case identification. This article first considers different types of child abuse and neglect, before exploring the nature and operation of mandatory reporting laws in different contexts. It then posits a differentiation thesis, arguing that different patterns of reporting between both reporter groups and maltreatment types must be acknowledged and analysed, and should inform discussions and assessments of optimal approaches in law, policy and practice. Finally, to contribute to the evidence base required to inform discussion, this article conducts an empirical cross-jurisdictional comparison of the reporting and identification of child sexual abuse in jurisdictions with and without mandatory reporting, and concludes that mandatory reporting laws appear to be associated with better case identification.

Suggested Citation

  • Ben Mathews, 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, MDPI, vol. 3(3), pages 1-23, August.
  • Handle: RePEc:gam:jscscx:v:3:y:2014:i:3:p:460-482:d:39398
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    Citations

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    Cited by:

    1. Alfandari, Ravit & Enosh, Guy & Rechnitzer, Haim, 2021. "To split or include? Child sexual abuse mandate reporting in the ultra-orthodox Jewish community in Israel," Children and Youth Services Review, Elsevier, vol. 120(C).
    2. Alazri, Zeinab & Hanna, Kathleen M., 2020. "School personnel and child abuse and neglect reporting behavior: An integrative review," Children and Youth Services Review, Elsevier, vol. 112(C).
    3. Koçtürk, Nilüfer & Bilginer, Samiye Çilem, 2020. "Adolescent sexual abuse victims' levels of perceived social support and delayed disclosure," Children and Youth Services Review, Elsevier, vol. 118(C).
    4. Oliver Berthold & Vera Clemens & Benjamin H. Levi & Marion Jarczok & Jörg M. Fegert & Andreas Jud, 2022. "Survey on Reporting of Child Abuse by Pediatricians: Intrapersonal Inconsistencies Influence Reporting Behavior More than Legislation," IJERPH, MDPI, vol. 19(23), pages 1-9, November.
    5. Ben Mathews & Leah Bromfield & Kerryann Walsh, 2020. "Comparing Reports of Child Sexual and Physical Abuse Using Child Welfare Agency Data in Two Jurisdictions with Different Mandatory Reporting Laws," Social Sciences, MDPI, vol. 9(5), pages 1-22, May.

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