Legal Requisites for Social Work Practice in Child Abuse and Neglect

Abstract

There is considerable confusion and concern among social workers regarding the workings of child protective services (CPS) and the legal systems that deal with child abuse and neglect. Social workers in agencies, schools, institutions, and private practice are expected to identify and report suspected cases of maltreatment and, increasingly, to testify in court proceedings in these cases. Certainly, those in the helping professions want to comply with reporting laws and protect endangered children, yet many are unclear as to what constitutes abuse and neglect in the eyes of CPS and the law. Others know from firsthand experience that involving CPS may result in adverse consequences for children and their families, may interfere with therapeutic relationships, and may lead to reprisals by clients or employers. To make responsible and effective decisions, social workers must understand the written and unwritten laws and procedures followed in child maltreatment cases. However, at the same time, it must be noted that literature indicates that CPS systems are overburdened by ongoing maltreatment cases, hundreds of thousands of referrals (for which many turn out to be unsubstantiated), and a high burn out rate for staff. Societal efforts to protect endangered children have resulted in increased responsibilities for social workers, who are expected to identify, report, and provide testimony in suspected cases of abuse and neglect. Their decisions in these cases may have profound consequences for children, families, and themselves. This chapter will increase social workers’ knowledge of legal requisites and system realities in child protection to help them make high-quality decisions. This chapter outlines the working definitions and prevalence of physical abuse and neglect, emotional abuse and neglect, and sexual abuse. Reporting procedures as well as social work implications are also addressed.