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Reporting - Frequently Ask Questions
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Can I file a report anonymously?
Even as a professional reporter, you have the right to make an anonymous report of suspected abuse or neglect. Those who provide DCYF with their identity can request confidentiality. Federal, as well as state law prohibits divulging the name of the reporter if the reporter does not wish to be identified to the family. However if the court orders disclosure, DCYF must comply with that order.
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| When do I talk to the Parent/Caretaker and do I inform them about the fact that I have to report suspected abuse and neglect?
Families are often able to figure out who has made the report based upon the details of the material that is discussed with them and sometimes guess the name of the reporter. DCYF is clear with the family that they can neither confirm nor deny the reporter’s name when a confidential report is made, but a considerable amount of time and energy is spent around this issue when the assessment begins. As a professional, it generally is recommended that you let the family know that a report has to be made, as then you are able to try to explain the process to them and help support them through the assessment.
The exception to this would be for reports of child sexual abuse and/or severe abuse, as many times a family’s reaction to this disclosure will cause the child to shut down and not talk about what may have occurred If the person alleged to have harmed the child is a family member, there may be overt efforts to get the child to recant or not talk about what has happened because of concerns about the repercussions of the disclosure.
Another situation where informing the family of the report might not be indicated is if the child reports a real fear of the parent or reports that other reports have been made and a parent encouraged the child to deny the abuse.
Many times families report feeling betrayed that a report has been made to DCYF and express to Child Protective Service Worker’s (CPSW) that they wish the staff person had told them. This is not to say that there aren’t some families who won’t discontinue services, but the alliance can be strengthened if you are with them through the process. If you are unsure if you should advise the family of the report, consult with DCYF intake.
DCYF has up to 60 days to complete the assessment, however, in most cases the family and children are interviewed within the first week of the report being made. DCYF policy requires that the child victim be interviewed within 72 hours or less depending upon the safety issues identified. Within 24 hours of interviewing the child, a safety review must be completed to insure that the child is safe in the home. In some cases, a medical or mental health examination is required to assist the CPSW in determining if abuse or neglect has occurred.
Practitioners should be reminded that 98-99% of sexual abuse cases have no physical evidence, so this is only one piece of the assessment process.
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| Can I be held liable if the case becomes unfounded for making a “false report”?
New Hampshire requires the reporting of ALL suspected child abuse and neglect.
Absolute proof of abuse or neglect is not required before reporting. Those who are uncertain about reporting because of concern regarding the legal consequences of their action should make a “good faith” decision. New Hampshire law provides protection against civil or criminal liability if a citizen makes a “good faith” report.
In accordance with New Hampshire law RSA 169-C:31 provides as follows: “Anyone participating in good faith in the making of a report pursuant to this chapter is immune from any liability, civil or criminal, that might otherwise be incurred or imposed.
Any such participant has the same immunity with respect to participation in any investigation by the department or judicial proceeding resulting from such report.”
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| Will I Have to Go to Court?
In the majority of DCYF cases court action is NOT taken, however, it is
possible that your testimony may be needed to uphold the petition so that the
child receives the services needed to stay safe. There are many reasons why
your presence may not be needed, so court appearances are not always a given.
If you will be required to testify in court, it will be important to meet with the DCYF
attorney before the hearing so that you are aware of the information you will be
asked. You may be asked to provide the DCYF attorney with a copy of your
resume and outline your education and professional experience with children to
the court, as well as to clarify your relationship with the child or family.
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When I file a report with DCYF Intake, will I be told what will happen with
that report?
Yes, you will be told at the time you make the report or by a follow-up call
from Intake if the report will be sent on for an investigation or not.
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If the report is investigated will I be told about the results of the
investigation?
Confidentiality prevents DCYF from disclosing the outcome of the
investigation, but you will be told, as a professional reporter, whether DCYF will
continue to remain involved with the family or not.
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| What if I have information about a child that resides in another state that may be abused or neglected in that state?
You are welcome to call the DCYF Intake Unit and discuss the concerns you have. You may be given the telephone number to report your concerns to the other state or DCYF may make that call as well.
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