About ten years ago, a senior counselor at a camp in Pennsylvania raised a serious concern to the director: two campers allegedly abused a third camper. Having received this concern, the director conducted a brief investigation and promptly expelled the two campers for their misconduct.
If you're not familiar with this story, you may be surprised by what happened next: the director was arrested.
In the world of camp, expulsion is often considered the ultimate consequence for misconduct, but the district attorney viewed the expulsion as an impediment to the state's investigation and described it as a coverup effort. According to the Times Herald, the district attorney said the following:
Rather than report the event to law enforcement authorities or take official action, [the camp director chose] to simply send the involved juveniles home, put them on a plane, so that it could not be investigated. It certainly appears there was an effort to cover up the crime. Incidents of child abuse can’t be investigated if they’re never reported.
Although this case happened a number of years ago, we should keep its lessons in mind as we navigate our approach to mandated reporting each summer.
The Relationship Challenge
Some of the most challenging experiences for camp directors stem from the emotionally-charged issues surrounding mandated reporting. Of course, we have a legal and moral obligation to protect the children in our care. In an obvious case of abuse or neglect, directors are relieved to make a report and find help for the child.
The challenge arises in the grey areas: A director hears a rumor from an unreliable third party. Did abuse really take place? A camper makes an allegation but the director doesn't believe it's true. Should it be reported? A counselor tells you they suspect abuse but have no evidence. What should you do?
Directors want to protect their campers and fulfill their legal obligations, but they don’t want to make false or inaccurate reports -- nor do they want to subject innocent parents to intrusive investigations. Moreover, when faced with making a report about a family that's been with camp for many years, picking up the phone may be no simple task.
The Safest Course
Despite these concerns, erring on the side of reporting is almost always the best course of action. I recommend that camps implement policies to over-report rather than under-report concerns of abuse and neglect. Simply put, whenever there's a doubt about whether something is reportable, make the report. Mandated reporters can face significant legal penalties for willful failure to report, while reporters who act in good faith have immunity from legal action. As that Pennsylvania director learned a number of years ago, staying silent simply isn't worth the risk.
Should We Investigate?
In some states, reporters are specifically instructed not to investigate or otherwise confirm whether abuse has actually occurred. Reasonable cause to suspect abuse or neglect triggers the obligation to report, with further investigation prohibited. If that's the law in your state, then even if you believe an allegation isn't true, you're obligated to make a report and leave the final determination to the experts.
Are Events Between Children Reportable?
In some states, events between children are not reportable, but in other states they are. Sticking with our Pennsylvania example, the law states that "harm or injury to a child that results from the act of another child shall not constitute child abuse . . ." -- however, the law goes on to list certain crimes between children that must be reported anyway. It takes a close look at the relevant facts and applicable law to determine whether the events at issue are in fact reportable.
Who is a Mandated Reporter?
While state laws vary, I have yet to see a state in which camp employees are not considered mandated reporters. Some states actually require any person who suspects child abuse or neglect to make a report, regardless of their position in relation to the child. In any event, it's typically a safe assumption that, if you're a camp professional, you're a mandated reporter.
When is a Report Required?
In broad brushstrokes, mandated reporters are obligated to make a report when they reasonably suspect that abuse or neglect took place or a child is in imminent danger of abuse or neglect. While states have different definitions of abuse, neglect, and reasonable belief, that's the typical standard.
Who Makes the Report?
In some states, camp employees fulfill their reporting obligation by telling a supervisor about suspected abuse, at which point the institution becomes responsible for subsequent reporting. In other states, employees must make the report directly to fulfill their obligation.
When to Report?
While some decisions are best made slowly, mandated reporting is not an area in which you should delay action pending multi-day internal deliberations. States typically require reporters to make a report immediately upon forming a reasonable suspicion of abuse or neglect.
How to Report?
States typically have reporting websites that include a reporting hotline and an email address or online form to make a written report. Your state may have a particular reporting process, such as making an immediate phone call and then following with a written report within 48 hours. The reporting website should explain the details.
How to Document the Report?
Even if your state doesn't require it, I always recommend following a reporting phone call with a written summary of the report by email or web form. In any event, you should keep internal records of every report you make, so you can provide written documentation as needed to demonstrate that you fulfilled your reporting obligation.
Conclusion
Many states have FAQs and action guides to help mandated reporters decide how to proceed based on their particular circumstances. You can also always call your reporting hotline and consult with them on whether a report is warranted; just keep in mind that you may be speaking with an operator or intake specialist who has heard many reports but has fairly limited knowledge of the applicable law.
Whenever you're unsure of the best path forward, the safest approach -- for the victim, for yourself, and for your camp -- is to make a report. Good faith reporters are protected from legal and employment consequences for making reports, even if a particular report is ultimately unfounded, and they're also treated as confidential informants by the state, so their identity is not disclosed to the alleged perpetrator.