Law in Your Life - Could you end up like Joe Paterno?
Could you end up like Joe Paterno? Could you be fired or prosecuted for failing
to report child abuse? Who has to report child sexual abuse in Maryland?
The firing of Joe Paterno and others at Penn State is national news now. Some of the individuals involved are actually being charged with the crime of failing to report child abuse to the proper authorities. Of course, that is based on Pennsylvania law. What would happen in Maryland?
Maryland seems to have one of the most sweeping laws on mandatory reporting of child abuse. The Maryland statute on mandatory reporting of child abuse declares the policy of the state is to mandate reporting of any suspected abuse or neglect, and to provide immunity to anyone who makes a report.
Maryland law, like most states, specifically makes certain professions subject to mandatory reporting. If you are a health practitioner, police officer, educator, or human services worker, acting in your professional capacity, you must report any suspected child abuse or neglect to the authorities. If you are on staff at any hospital, public health agency, child care institution, juvenile detention center, school, or similar institution, you are also required to report it to the head of the institution directly.
However, Maryland law goes further and requires that any person who has reason to believe a child has been subjected to abuse or neglect shall report it to the authorities. Note that important phrase "reason to believe." That is the legal standard for when you must report, but what that means is open to interpretation. There are certain exceptions for attorney client privilege or pastor penitent privilege. But other than those few exceptions for privileged communications, everyone in the state has a mandatory duty to report child abuse when they have reason to believe it happened.
Interestingly, Maryland does not make failure to report child abuse a crime. Most states make it a misdemeanor punishable with a fine. Maryland debated this in 2009 but it failed to pass. So one could argue that although Maryland law requires everyone to report, the law has no teeth because there is no crime for not reporting. One of the specifically listed professionals above could indeed lose their license (and therefore their job), but they would not technically be guilty of a crime.
Maryland also grants complete immunity from civil or criminal prosecution to anyone making such a report. So you cannot be sued by the alleged abuser if you report them. (However, making a false report of child abuse would violate other laws and anyone doing that would probably be in trouble.)
The policy is very clear: if you have reason to believe a child has been abused or neglected in Maryland, you must report that information to the proper authorities, and the abuser cannot retaliate against you.
Disclaimer: This is general information about Maryland law. It is not legal advice, and there is no attorney-client relationship until you meet with an attorney and sign a retainer. Effective legal advice depends on understanding the unique facts of your situation. If you have a legal question, get advice from a lawyer before proceeding. That is the best advice we can ever give you.
You are receiving this newsletter because you signed up for it, or you are a client of our firm. We do not spam. If you wish to unsubscribe, please follow the directions below. This content is written by Tucker Clagett, a Partner at Andrews, Bongar, Starkey & Clagett, a full service law firm with offices in Waldorf & Lexington Park. If you have questions or comments or topic suggestions, please feel free to email me directly. Thank you for reading. | 11705 Berry Road, Suite 202 | Waldorf, Maryland 20603
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