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Family Court: Mandated reporting of child sexual maltreatment Part 3

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This article is third in a series of child human rights in family court, second to identified issues of child sex assault or risk of same.

The Iowa Register case, noted in the prior article shows an example briefly looking at issues of child human rights in court. This is not a professional paper, legal statement nor affirmation of that case findings at any level.

Look again at the process of reporting.

Most states have a mandated reporting law for suspected child sexual abuse. https://www.childwelfare.gov/systemwide/laws_policies/statutes/manda.pdf Mandated reporters are typically licensed or certified providers likely to be caring for children or youth in some capacity that makes it likely the person might observe signs of or be contacted about possible abuse ( physical, sexual, emotional or neglect) in a young person. On that prior link, on the right hand side, there are more in depth explanations of reporting laws, and over whom they may fall in the professional realm.

Failure to report for a designated mandated reporter can result in loss of professional licensure, fines or jail time.

Some states have a mandated reporter law that notes that any person who notes the above is required to submit a report to a state hotline. Few or no state prosecutions of failure to report have been processed since inception of these laws the middle 1980's. There are no laws that prosecute state agencies for misdocumentation, failure to maintain controlled proper records or ethics laws regarding handling of inbound reports by CPS or law enforcement. Permeability of reporting records .... adjusting, removing, diluting, losing, misfiling, false reporting by staff, interference with processing a report or interference with investigations typically carries no penalties to anyone but the child and family, whom the report is regarding. So permeability might cause a report to not be reported, reduced or increased in severity, and laws about the report control what anyone might ever see or know about why a report was or was not true, or effective in protecting the child.

"Failed cases" are common, but noone ( ACF, UN, CDC or WHO ) noone has access to these records and no mandate by federal officials to get to the bottom of child and youth sex assault reports, like the college rape questions are now in swing.

So groups like http://www.preventchildabuse.org/ Prevent Child Abuse America truncate calls to local CPS agencies but do not really advocate any individual or family issues.

Though Polaris Project deals in a different issue for the most part, this is an exceptional infographic. This shows the status of laws, compliance, staffing patterns and rates performance of CARING response. HOW ready and able each state is to manage human trafficking.http://www.polarisproject.org/state-map

It is unfortunate that a profile of child sex abuse, child sex assault, child porn and child sex trafficking cannot be profiled like this currently. Noone appears to have a roster like this, that quickly maps answers in profile allowing ranking.

Erin Merryn does log progress for her law http://www.erinmerryn.net/erins-law.html which oddly has not been accepted readily as a standard to provide light, clarifying information about bodies, and preventions.

If the public understands that Dr. Gene Abel, an internationally recognized sex offender evaluator sees child sex assault as a "public health menace" and that most victims have NO education, or awareness of boundaries, privacy or sexual mores..... of any kind...... http://www.ussc.gov/sites/default/files/pdf/amendment-process/public-hea...

So child sex issues are oddly tracked even in the best of circumstances.

Representatives dealing with interpersonal violence with the Center for Disease Control ( CDC) and WHO the World Health Organization don't have any primary role in the process of reporting sex assault or studying the effectiveness of current processes in place.

Cases like the Iowa cases, note the general complaint about these issues.

That child sex assault reporting is unregulated, there is no national standard. So what exactly must be done, step by step is not uniform over law enforcement and child protective services nationwide. That child sex assault investigations are in most all states unregulated by license for those doing investigations.(CPS or law enforcement investigators)

Forensic centers (The Care Center in OKLAHOMA CITY) which provide forums for many, but not all forensic interviews are unregulated by licensure or any version of required expertise.... they belong to the National Children's Alliance, which invites cooperative use of structure, but has no formal laws, licenses or legal teeth or ethics, really. http://www.nationalchildrensalliance.org/

Some states have noted permeability in the reporting continuum, but there really is no federal oversight that would control that. Permeability is who determines content of records, or reports, or who has access to evidence, witness or victim or perp for investigations.

So there is potentially some legitimacy to anyone's observations of just what any child sex investigations are all about.

1.) there is some version of pre-meditation to most child sex assaults or sex assault risk, child sex trafficking and child porn.

2.) women can be child sex perpetrators, even against their own http://www.examiner.com/article/woman-accused-of-sexually-abusing-her-ch...

3.) Who constructed the child sex assault responses and the state policy, procedure and law for child protective services may not be known by the residents of the state, and who qualifies to do this and what they generate may or may not match national best practices in any of these arenas.

So the issue of the

a) report what the allegation is and under what circumstances

b) witness who saw or heard it or heard about the risk or abuse

c) reported subject (s) that is the victim or victims, which for KIDS includes their PARENTS as guardian

d) alleged perpetrator(s)

Agency taking the actual report a) 911 operator b) CPS hotline

Every state has a sexual assault system, but not all states have formal child sex assault response facilities, that specialize in child responses, though funding is available for this from the USDOJ.

So here are the sex assault state response groups, which are separate from the CPS or the law enforcement in a community. http://www.ovw.usdoj.gov/statedomestic.htm Each state notes the domestic violence group and then notes the sex assault group. Some states offer specialized programs for Indigenous Native American Tribal members, because those persons are of sovereign nations, with their own fundings and specialized services are offered.

Who is manning state services, and what the quality or nature of those is by any "best practices" standards is typically not known to even professionals in the community ... much less the common man/woman until they are subjected to the service which is always under duress.

When questions do come by about the systems and services, they are often on the arm of some actual case, separate from the issue as above.

http://www.examiner.com/article/dwain-pellebon-child-sex-trial-begins-oc...

http://www.examiner.com/article/so-what-about-child-sexual-abuse-respons...

http://www.examiner.com/article/dear-oklahoma-policy-institute-how-about...

http://www.huffingtonpost.com/news/dwain-pellebon/

http://www.news9.com/story/23857398/former-ou-prof-pellebon-defense-team...

NOONE plans to have to answer questions about child sex abuse in any form, though some states have a mapped higher risk than other states. http://m.fbi.gov/#http://www.fbi.gov/news/pressrel/press-releases/168-ju...

Again, having a graph that marks service quality highlights would probably give more leverage to community members ... more language as to what is or isn't working and where it needs to be tweaked.

As it stands, reporting is required, nationwide. Parents are subjected to ANY questions or services those investigators deem the family will do. Although the parent, child or reporting party rights may be put at risk or in harms way due to the quality, nature or process of those services. FOREVER.

In most cases, parents are not allowed to seek like services, so... even if a professional provides reports instead of a general citizen, there is no guarantee that those reports or assessements will be accepted or used by the agency receiving the reports.Even services to which a licensed professional refers the victim and family to, though exact, can be over ridden, as can reports by the law enforcement, cps or in the IOWA case, by the private attorney filing against the non-offending parent and thereby somehow usurping the STATE of IOWA.

Quality of report from the initial phone call to any following thing is ultimately a crap shoot in most cases, and the absence of a scientifically proven profile of an intake, skill level on the intake worker, filing and ranking of the abuse reported based upon that measure and a fact based matrix of response decided upon by a group of providers is shaky at best if present or doesn't exist.

Irrespective of the quality of response, the reporter is required to report.

If in a family, despite reporting.... so if a parent TELLS that there is a problem, and the report is processed as true or untrue, the reporting party is considered liable in Oklahoma court for those allegations... so if the court says no abuse, and the abuser abuses again, the charge falls on the non-abusing parent and the abusing parent, and loss of custody can overtake both parents, not just one.

You read that right.

A non-abusing parent can be charged with putting a child in harms way, when a child is placed with a parent accused of risk of abuse, or actual abuse by the COUNTY COURTHOUSE staff. In harms way. Court places child in harms way, and non-offending parent liable for that choice in civil court actions. The Iowa case, was a civil court action in round 2, that put the girls in harms way. Civil Court Action.

Indeed.

Are Father's more likely to put a child in harms way? Dunno, but seeing clips like this certainly blip the question http://www.fbi.gov/news/stories/2013/june/child-abductions-when-custody-.... More likely to abduct. May sexually use child themselves or in trade for revenge.

Iowa case opens doors for illustration on complex child custody cases, outrageous child custody cases discussions. These again appear to be going on nationwide for 30 years.

30 years.

Yesterday, this writer discovered that though ACF/HHS, so the Administration to Children and Families has no uniform formal method to document, accept or respond to questions or concerns regarding handling gaffs on the State HHS/CPS level. And even if the ACF/HHS logs a question, HHS/CPS from the state has no obligation to respond.

http://www.examiner.com/article/family-court-wake-up-speak-up-stop-the-s...
http://www.examiner.com/article/family-court-the-iowa-case-example-part-...
http://www.examiner.com/article/family-court-mandated-reporting-of-child...
http://www.examiner.com/article/family-court-child-protective-services-i...
http://www.examiner.com/article/family-court-civil-court-undoing-part-5-...
www.examiner.com/article/family-court-unintended-consequences-and...
http://www.examiner.com/article/family-court-word-to-the-9-child-human-r... finale 7th in series

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