I didn't know family counselors, especially Christian family counselors, had a duty to report to the state.
To the great mothers out there, this is not a male v. female thing as the genders in the above story could be reversed and the point would remain the same, that a counseling clinic can call in an aggressive CPS investigation that could go off the rails.
I also point out that it is strange to think that a 'Christian' service has a duty to the state first before having a duty to a family in a Christian setting. This puzzles me. I don't have any good answers.
He should’ve asked the counselor if reporting to the state was required by law. I would suspect it is these days. If the counselor KNOWS that child abuse is occurring/has occurred in a home, & they do nothing, they could be liable if something happens in the future.
The father initiated a course of action. He should follow through on it.
“He asked me for feedback. I told him he might need to consider a third-party evaluation of his son to obtain objective evidence for the court to weigh.”
You caused it.
“But over the course of about a year, the hostility of the ex-wife’s boyfriend turned to abuse.”
This is about where my blood reached billing level. People would start disappearing. Just vanishing.
Reading this narrative reminded me to a large degree of my own experience. I do not know what jurisdiction your friend lives in, but in mine, there are restrictions on live-ins being around during night time hours when the child is present. I would NEVER hire a counselor or psychologist without advice of Counsel. And I would certainly follow my Counsels recommendation on a plan of action to address any abuse. I am not familiar with family law, but it is my understanding that any allegation of sexual abuse of a child MUST be reported. Not reporting is an offense. Making a false report is an offense. Get with a good attorney an make a plan to address the problem. Dad is at fault if he does nothing and his child gets hurt.
Sorry, but grow a set and take action. Be prayerful. If CPS must do an investigation, keep witnesses and your attorney on call.
He’s probably painted a target on himself by lying to, and playing games with, the counselor.
Until he pulled that stunt, it sounds like he was playing a smart, defensive, game.
I know nothing of the circumstances but if a boyfriend living with my ex is abusing my son I would hot foot it down to a lawyer worth his hire. By doing nothing I would consider myself guilty of neglect of my son. Should be noted that in this case it appears the son is appealing to his father.Time to bite the bullet.
This is easy, get a few hundred dollars worth of Crystal Meth, needles,... put it in their cars glove box, next peel off the registration sticker so they get pulled over as soon as the first cop sees them.
Problem Solved
https://www.childwelfare.gov/pubpdfs/manda.pdf
Mandatory Reporters of Child Abuse and Neglect
What’s Inside
Professionals required to report
Reporting by other persons
Institutional responsibility to report
Standards for making a report
Privileged communications
Inclusion of reporter’s name in the report
Disclosure of reporter’s identity
Summaries of State laws
To find statute information for a particular State, go to:
https://www.childwelfare.gov/topics/systemwide/laws-policies/state/
Judges tend to have favorite child therapists that they trust. This is necessary as their are a lot of bad therapists out there who have no grasp of the reality of life.
I usually find out who the judges favorite is and hire them for opinions in divorce cases where I see a problem.
Your being cautious is wise. If necessary, use a school counselor as a third party to report problems in order to keep you in the clear.
Washington State
Professionals Required to Report
Rev. Code § 26.44.030
The following persons are required to report:
• Practitioners, county coroners, or medical examiners
• Law enforcement officers
• Professional school personnel
• Registered or licensed nurses, social service counselors, psychologists, or pharmacists
• Employees of the Department of Early Learning
• Licensed or certified child care providers or their employees
• Employees of the Department of Social and Health Services
• Juvenile probation officers
• Placement and liaison specialists, responsible living skills program staff, or HOPE center staff
• State family and children’s ombudsman or any volunteer in the ombudsman’s office
• Persons who supervise employees or volunteers who train, educate, coach, or counsel children or have regular unsupervised
access to children
• Department of Corrections personnel
• Any adult with whom a child resides
• Guardians ad litem and court-appointed special advocates
The reporting requirement also applies to administrative and academic or athletic department employees, including student
employees, of public and private institutions of higher education.
Reporting by Other Persons
Rev. Code § 26.44.030
Any person who has reasonable cause to believe that a child has suffered abuse or neglect may report.
Institutional Responsibility to Report
This issue is not addressed in the statutes reviewed.
Standards for Making a Report
Rev. Code § 26.44.030
A report is required when:
• A reporter has reasonable cause to believe that a child has suffered abuse or neglect.
• Any person, in his or her official supervisory capacity with a nonprofit or for-profit organization, has reasonable cause to
believe that a child has suffered abuse or neglect caused by a person over whom he or she regularly exercises supervisory
authority.
• Department of Corrections personnel observe offenders or the children with whom the offenders are in contact, and as a
result of these observations have reasonable cause to believe that a child has suffered abuse or neglect.
• Any adult has reasonable cause to believe that a child who resides with them has suffered severe abuse.
Privileged Communications
Rev. Code §§ 26.44.030; 26.44.060
No one shall be required to report when he or she obtains the information solely as a result of a privileged communication.
Information considered privileged by statute and not directly related to reports required by this section must not be divulged without a valid written waiver of the privilege.
Conduct conforming with reporting requirements shall not be deemed a violation of the confidential communication privilege of §§ 5.60.060 (3) and (4) [pertaining to clergy-penitent and physician-patient privilege], 18.53.200 [pertaining to optometrist-patient privilege], and 18.83.110 [pertaining to psychologist-client privilege].
Inclusion of Reporter’s Name in Report
Rev. Code § 26.44.030
The department shall make reasonable efforts to learn the name, address, and telephone number of the reporter.
Disclosure of Reporter Identity
Rev. Code § 26.44.030
The department shall provide assurances of appropriate confidentiality of the identification of persons reporting under this section.
Washington State
No one shall be required to report when he or she obtains the information solely as a result of a privileged communication.
Information considered privileged by statute and not directly related to reports required by this section must not be divulged without a valid written waiver of the privilege.
If he doesn’t report it, he is just as guilty as the abuser. I know, it sucks, my son went through all this stuff
Your friend needs to look at it from the point of view of the counselor he took his boy to. If state law requires counselors or doctors to report suspected abuse, then this counselor may have legal liability if the boy is later injured or killed. The state, and media, will come down very hard on anyone who knows, or even suspects abuse, but does nothing.
As a Christian, besides the legal, financial liability to him and his organization, this counselor may also feel a strong moral urge to act also. He who knows of evil, but does nothing, is guilty of the sin by omission
Moreover, what is your friend’s logic for not wanting the counselor to report this abuse? If this counselor has admission from the child - then WHY would your friend do nothing while his child is abused by another man??? Morever, such 3rd party documentation is what he was seeking earlier, was it not? It will only help your friend’s case in getting custody and control of his son.
All licensed counselors are legally required to report suspected and reported abuse to child protective services. That includes Christian ones.
My ex divorced me 20 years ago. We had 10, 13 and 16 year old daughters. My experience with family court is the reason I hate the US government and the government at all levels in King County WA. And I didn’t even have to deal with CPS.
I consider all meddling governments to be pure evil.
It opened my eyes. It changed my life.
Then why am I reading this in a very public forum?
The friend doesn't know the meaning of "privacy"
CPS stays in business by intimidating the parents to not speak out.
If they are licensed by the state they have to report to the state.
Not sure how that could have escaped your attention.
He needs a lawyer. A lawyer is the one official who has no duty to report once he is hired.
He also needs to realize that by his NOT reporting he is putting his son and himself in jeopardy.
"So you knew the boyfriend was abusing your son and did nothing to protect him?" Will be the question and "I was afraid of the system" will not be considered a good answer.
it is strange to think that a ‘Christian’ service has a duty to the state first before having a duty to a family in a Christian setting. This puzzles me.
It is the law in some states that obligates Christian counselors and pastors to report (MN is one). They will usually warn you up front about it.