Child-Maltreatment-Research-L (CMRL) List Serve

Message ID: 9504

Date: 2013-12-16

Author:Breitenstein, Larry D.

Subject:RE: immunity and the making of child maltreatment reports across state lines

Having managed two different state registries a few decades ago, if a person reported a suspected abuse to us on a child residing in another state we would advise them to report it to that state. It seems I remember a few cases where they gave us the information and we forwarded it to the state of residence of the child for investigation. That solution may protect all parties. Having said that the suspensions should be reported for safety and ethical reasons. If the failure to report results in injury to the child, then the reporter would be defending why the didn't report. I'd rather defend why I did report than didn't. I'd hate to defend that out of state position in a civil suit. Besides, what's wrong with just making an anonymous report to the correct state and noting the report information and what is said. The report gets made to begin the assessment and that's what's important. Defending a failure to report doesn't work. Ask anyone at Penn State. ________________________________ From: bounce-111127454-12476202@list.cornell.edu [bounce-111127454-12476202@list.cornell.edu] On Behalf Of Leslie Ellen Shear [custodymatters@earthlink.net] Sent: Tuesday, December 10, 2013 4:05 PM To: Child Maltreatment Researchers Cc: Child Maltreatment Researchers Subject: Re: immunity and the making of child maltreatment reports across state lines Subsection (b) is incorrect. While some laws apply to residents of a jurisdiction, most govern conduct within the jurisdiction regardless of the person or entity's residence or domicile. Leslie Ellen Shear, CFLS, CALS* and IAML** Attorney at Law California State Bar No. 72623 16133 Ventura Boulevard, Seventh Floor Encino, CA 91436-2403 Phone: 818 501-3691 Fax: 818 501-3692 Email: custodymatters@earthlink.net lescfls@earthlink.net lescfls@me.com Web: www.custodymatters.com www.californiafamilylawappeals.com *Certified as a Specialist in Family Law (1983) and a Specialist in Appellate Law (2009) by the State Bar of California, Board of Legal Specialization. ** Fellow, International Academy of Matrimonial Lawyers Sent from my iPad On Dec 10, 2013, at 12:34 PM, "Joe Scroppo, Ph.D." > wrote: The following is my take at this point, but I am seeking other’s input and other sources of information: I see at least two issues in the scenario: a) jurisdiction in which the MH practitioner practices may mandate that child maltreatment reports be made to a specific agency in that practitioner's state. Failing to follow that protocol (i.e., making a report to foreign state's agency) may violate the home state's rules/mandates and expose the reporter to liability. b)The mandated child abuse reporting laws and their associated immunity provisions of a particular state apply to persons acting under the law of that state. That state's laws typically apply, at the broadest level, to the residents and domiciliaries of that state. If I am not a resident of that state, am not temporarily located in that state, and am not otherwise subject to the laws of that state, that state's laws do not apply to me. Thus, my report to that state's CPS was not a discharge of a mandated duty in that state, and I will not receive the benefit of that state's immunity provisions. The alleged perp and other affected parties can sue me for defamation, etc.. As a practical matter, a report to one's own state CPS, with a request to refer that report to the state that the is locus of the alleged maltreatment, should be sufficient. Again, I am looking for others’ perspectives on this issue and especially any professional literature. Thanks. Joe Joe Scroppo, Ph.D., J.D. Licensed Psychologist Attorney & Counselor at Law 609 Peninsula Boulevard, Woodmere, NY 11598 999 Central Avenue--Suite 102, Woodmere, NY 11598 Voice: (516) 791-1438; Fax: (800) 441-9772; E-mail: scroppo@optonline.net “The mature man lives quietly, does good privately, assumes personal responsibility for his actions, treats others with friendliness and courtesy, finds mischief boring and keeps out of it. Without this hidden conspiracy of good will, society would not endure an hour.” Kenneth Rexroth (1905-1982)—American poet. Warning: The information contained in this electronic mail message is intended only for the personal and confidential use of the designated recipient(s) named above. This message may be an attorney-client communication, may be protected by the work product doctrine, and may be subject to a protective order. As such, this message is privileged and confidential. If the reader of this message is not the intended recipient, this electronic communication was delivered to you in error, and any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify Dr. Scroppo immediately by telephone and e-mail, and destroy any and all copies of this message in your possession (whether hard copies or electronically stored copies). Although this e-mail may provide information concerning legal issues, such information is not intended to constitute or be a substitute for legal advice from qualified counsel. This e-mail does not constitute the rendering of legal services or advice and does not create any attorney-client relationship between you and Dr. Joe Scroppo. Dr. Scroppo assumes no responsibility for any consequence relating directly or indirectly to any action or inaction resulting from the content of this e-mail. From: Frank Vandervort Date: Tuesday, December 10, 2013 12:31 PM To: Child Maltreatment Researchers Subject: Re: immunity and the making of child maltreatment reports across state lines Hi Joe, This is an interesting question. According to the Child Welfare Information Gateway, all states have immunity laws for both mandatory and non-mandatory reporters (this is a requirement of states receiving CAPTA funding). So, a reporter who reports would have at least some level of immunity (states may differ in the precise scope of their immunity clauses, but they generally apply if the report is in good faith). If the report was across state lines, and assuming there is some difference in the two states' immunity statute, the question would become where the report was made. Was it made in the sate where the reporter is situated or in the state in which the agency is located? I know of no law on this point. I hope this helps. If you have other questions about this, I would be happy to try to answer them for you. Frank Vandervort On Tue, Dec 10, 2013 at 8:39 AM, Joe Scroppo, Ph.D. > wrote: Wise colleagues, I am seeking any and all information regarding the status of a reporter’s immunity when : a) the reporter is located in State A, as is the alleged victim; and b) the alleged perpetrator and the alleged act of child maltreatment occurred in State B. Suppose the reporter, who resides in State A, calls up the CPS in State B and makes a report. Does the immunity statute of State B extend to the reporter? More generally, I am very interested in the issue of cross-jurisdictional making of child-maltreatment reports. Any information, especially articles or citations to policies, would be much appreciated. Thanks. Joe Joe Scroppo, Ph.D., J.D. Licensed Psychologist Attorney & Counselor at Law 609 Peninsula Boulevard, Woodmere, NY 11598 999 Central Avenue--Suite 102, Woodmere, NY 11598 Voice: (516) 791-1438; Fax: (800) 441-9772; E-mail: scroppo@optonline.net “The mature man lives quietly, does good privately, assumes personal responsibility for his actions, treats others with friendliness and courtesy, finds mischief boring and keeps out of it. Without this hidden conspiracy of good will, society would not endure an hour.” Kenneth Rexroth (1905-1982)—American poet. Warning: The information contained in this electronic mail message is intended only for the personal and confidential use of the designated recipient(s) named above. This message may be an attorney-client communication, may be protected by the work product doctrine, and may be subject to a protective order. As such, this message is privileged and confidential. If the reader of this message is not the intended recipient, this electronic communication was delivered to you in error, and any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify Dr. Scroppo immediately by telephone and e-mail, and destroy any and all copies of this message in your possession (whether hard copies or electronically stored copies). Although this e-mail may provide information concerning legal issues, such information is not intended to constitute or be a substitute for legal advice from qualified counsel. This e-mail does not constitute the rendering of legal services or advice and does not create any attorney-client relationship between you and Dr. Joe Scroppo. Dr. Scroppo assumes no responsibility for any consequence relating directly or indirectly to any action or inaction resulting from the content of this e-mail. -- Frank E. Vandervort Clinical Professor of Law University of Michigan Law School 701 South State Street Ann Arbor, MI 48109 (734) 647-3168

Having managed two different state registries a few decades ago, if a person reported a suspected abuse to us on a child residing in another state we would advise them to report it to that state. It seems I remember a few cases where they gave us the information and we forwarded it to the state of residence of the child for investigation. That solution may protect all parties. Having said that the suspensions should be reported for safety and ethical reasons. If the failure to report results in injury to the child, then the reporter would be defending why the didn't report. I'd rather defend why I did report than didn't. I'd hate to defend that out of state position in a civil suit. Besides, what's wrong with just making an anonymous report to the correct state and noting the report information and what is said. The report gets made to begin the assessment and that's what's important. Defending a failure to report doesn't work. Ask anyone at Penn State. ________________________________ From: bounce-111127454-12476202list.cornell.edu [bounce-111127454-12476202list.cornell.edu] On Behalf Of Leslie Ellen Shear [custodymattersearthlink.net] Sent: Tuesday, December 10, 2013 4:05 PM To: Child Maltreatment Researchers Cc: Child Maltreatment Researchers Subject: Re: immunity and the making of child maltreatment reports across state lines Subsection (b) is incorrect. While some laws apply to residents of a jurisdiction, most govern conduct within the jurisdiction regardless of the person or entity's residence or domicile. Leslie Ellen Shear, CFLS, CALS* and IAML** Attorney at Law California State Bar No. 72623 16133 Ventura Boulevard, Seventh Floor Encino, CA 91436-2403 Phone: 818 501-3691 Fax: 818 501-3692 Email: custodymattersearthlink.net lescflsearthlink.net lescflsme.com Web: www.custodymatters.com www.californiafamilylawappeals.com *Certified as a Specialist in Family Law (1983) and a Specialist in Appellate Law (2009) by the State Bar of California, Board of Legal Specialization. ** Fellow, International Academy of Matrimonial Lawyers Sent from my iPad On Dec 10, 2013, at 12:34 PM, "Joe Scroppo, Ph.D." > wrote: The following is my take at this point, but I am seeking other’s input and other sources of information: I see at least two issues in the scenario: a) jurisdiction in which the MH practitioner practices may mandate that child maltreatment reports be made to a specific agency in that practitioner's state. Failing to follow that protocol (i.e., making a report to foreign state's agency) may violate the home state's rules/mandates and expose the reporter to liability. b)The mandated child abuse reporting laws and their associated immunity provisions of a particular state apply to persons acting under the law of that state. That state's laws typically apply, at the broadest level, to the residents and domiciliaries of that state. If I am not a resident of that state, am not temporarily located in that state, and am not otherwise subject to the laws of that state, that state's laws do not apply to me. Thus, my report to that state's CPS was not a discharge of a mandated duty in that state, and I will not receive the benefit of that state's immunity provisions. The alleged perp and other affected parties can sue me for defamation, etc.. As a practical matter, a report to one's own state CPS, with a request to refer that report to the state that the is locus of the alleged maltreatment, should be sufficient. Again, I am looking for others’ perspectives on this issue and especially any professional literature. Thanks. Joe Joe Scroppo, Ph.D., J.D. Licensed Psychologist Attorney & Counselor at Law 609 Peninsula Boulevard, Woodmere, NY 11598 999 Central Avenue--Suite 102, Woodmere, NY 11598 Voice: (516) 791-1438; Fax: (800) 441-9772; E-mail: scroppooptonline.net “The mature man lives quietly, does good privately, assumes personal responsibility for his actions, treats others with friendliness and courtesy, finds mischief boring and keeps out of it. Without this hidden conspiracy of good will, society would not endure an hour.” Kenneth Rexroth (1905-1982)—American poet. Warning: The information contained in this electronic mail message is intended only for the personal and confidential use of the designated recipient(s) named above. This message may be an attorney-client communication, may be protected by the work product doctrine, and may be subject to a protective order. As such, this message is privileged and confidential. If the reader of this message is not the intended recipient, this electronic communication was delivered to you in error, and any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify Dr. Scroppo immediately by telephone and e-mail, and destroy any and all copies of this message in your possession (whether hard copies or electronically stored copies). Although this e-mail may provide information concerning legal issues, such information is not intended to constitute or be a substitute for legal advice from qualified counsel. This e-mail does not constitute the rendering of legal services or advice and does not create any attorney-client relationship between you and Dr. Joe Scroppo. Dr. Scroppo assumes no responsibility for any consequence relating directly or indirectly to any action or inaction resulting from the content of this e-mail. From: Frank Vandervort Date: Tuesday, December 10, 2013 12:31 PM To: Child Maltreatment Researchers Subject: Re: immunity and the making of child maltreatment reports across state lines Hi Joe, This is an interesting question. According to the Child Welfare Information Gateway, all states have immunity laws for both mandatory and non-mandatory reporters (this is a requirement of states receiving CAPTA funding). So, a reporter who reports would have at least some level of immunity (states may differ in the precise scope of their immunity clauses, but they generally apply if the report is in good faith). If the report was across state lines, and assuming there is some difference in the two states' immunity statute, the question would become where the report was made. Was it made in the sate where the reporter is situated or in the state in which the agency is located? I know of no law on this point. I hope this helps. If you have other questions about this, I would be happy to try to answer them for you. Frank Vandervort On Tue, Dec 10, 2013 at 8:39 AM, Joe Scroppo, Ph.D. > wrote: Wise colleagues, I am seeking any and all information regarding the status of a reporter’s immunity when : a) the reporter is located in State A, as is the alleged victim; and b) the alleged perpetrator and the alleged act of child maltreatment occurred in State B. Suppose the reporter, who resides in State A, calls up the CPS in State B and makes a report. Does the immunity statute of State B extend to the reporter? More generally, I am very interested in the issue of cross-jurisdictional making of child-maltreatment reports. Any information, especially articles or citations to policies, would be much appreciated. Thanks. Joe Joe Scroppo, Ph.D., J.D. Licensed Psychologist Attorney & Counselor at Law 609 Peninsula Boulevard, Woodmere, NY 11598 999 Central Avenue--Suite 102, Woodmere, NY 11598 Voice: (516) 791-1438; Fax: (800) 441-9772; E-mail: scroppooptonline.net “The mature man lives quietly, does good privately, assumes personal responsibility for his actions, treats others with friendliness and courtesy, finds mischief boring and keeps out of it. Without this hidden conspiracy of good will, society would not endure an hour.” Kenneth Rexroth (1905-1982)—American poet. Warning: The information contained in this electronic mail message is intended only for the personal and confidential use of the designated recipient(s) named above. This message may be an attorney-client communication, may be protected by the work product doctrine, and may be subject to a protective order. As such, this message is privileged and confidential. If the reader of this message is not the intended recipient, this electronic communication was delivered to you in error, and any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify Dr. Scroppo immediately by telephone and e-mail, and destroy any and all copies of this message in your possession (whether hard copies or electronically stored copies). Although this e-mail may provide information concerning legal issues, such information is not intended to constitute or be a substitute for legal advice from qualified counsel. This e-mail does not constitute the rendering of legal services or advice and does not create any attorney-client relationship between you and Dr. Joe Scroppo. Dr. Scroppo assumes no responsibility for any consequence relating directly or indirectly to any action or inaction resulting from the content of this e-mail. -- Frank E. Vandervort Clinical Professor of Law University of Michigan Law School 701 South State Street Ann Arbor, MI 48109 (734) 647-3168