Initiating the CPS Report to the Authorities

Overview

What is at Stake?

Investigations about sexual abuse begins when a concern is first communicated to the authorities. There are a variety of issues about this first stage of Child Sexual Abuse (CSA) investigations. What is at stake in conducting this first step properly? Mistakes in reporting suspected CSA can lead to many problems including:

• No investigation at all
• Repeated abuse of the child
• Causing harm to the child through "Secondary Victimization"
• Undoing the legal case
• The possibility of creating "False Memories"
• Confusing the child about what the facts really are
• Liability of civil or even criminal action against the reporting party

In contrast, proper reporting of suspected CSA can lead to important positive outcomes including:

• Exploring an important concern about a child
• The prevention of future abuse
• The child perceiving the investigation as "helpful" vs. "traumatic"
• A forensically defensible legal case
• Protecting innocent adults from harm by increasing accuracy of the investigative process
• Keeping the child's understanding of what happened clearer in his/her mind
• Protecting reporting parties from civil/criminal action

Who Can Report Sexual Abuse?

Anyone can report concerns that a child may be the victim of any form of abuse or neglect. The reporter is protected from civil suit if the report is made in good faith (with the intention of helping).

However, most people who work with children have a legal obligation and must report when they suspect abuse or neglect has occurred.

A "mandated reporter" is everyone whose work involves children. If you are unsure who is a mandated reporter, refer to the current Georgia state child abuse reporting law, O.C.G.A. 19-7-5. This law obligates the following persons to report to the Department of Family and Children Services or law enforcement (preferably DFACS). Failure to report will be in violation of the law:

• Medical personnel
• Dentists
• Psychologists
• Pediatricians
• Counselors
• Marriage and Family Therapists
• Social Workers
• School professionals
• DFACS personnel
• Law enforcement personnel
• Child service organization personnel

This mandated reporting law is part of the Georgia Code. (The Georgia Code website link is available on the Related Links page of this website.)

Other Georgia Laws Affecting Reporting Issues

Complete and detailed listings of Georgia laws are available via Internet or printed copies can be purchased. By using the website shown for the Georgia Code you can have the current edition in use.

Other Georgia Codes are important to know about when dealing with CSA issues. A typical mandated reporter without legal training needs to know about other laws as well. For example, does your organization keep records on the children you serve? Then you need to know about the laws that pertain to children's records.