~ Joanna
Reference: http://www2.indystar.com/special/childabuse/
tim.evans@indystar.com
They turned their backs to abuse and neglect.
And children died.
Yet few of these witnesses ever face criminal charges for failing to report what they have seen -- even though Indiana law requires all citizens to report suspected abuse or neglect.
Even when charges are filed, they sometimes can be dismissed because of the way the Indiana law is worded.
The Star's review of state Child Protection Services reports found many cases where witnesses should have reported mistreatment, but didn't -- with fatal results.
Indiana's reporting law has been in effect since 1977, and even now, Indiana is among fewer than 20 states that require anyone who witnesses abuse to report it.
In 2001, Child Protection Services investigated more than 63,000 reports of abuse and neglect, confirming 23,165 cases.
Despite research that shows family members suspect abuse and neglect in many cases, relatives made the call in just 15.3 percent of those verified cases, according to the state's Family and Social Services Administration.
Neighbors and friends accounted for only 4.7 percent of the confirmed reports.
But before anyone can be held accountable for failing to report, the law says that the victim must meet the state's definition of a "child in need of services."
That means the child's situation is unlikely to be addressed "without the coercive intervention of the court."
Hamilton County Prosecutor Sonia Leerkamp said that determination should not even be an issue.
But it was when she tried to prosecute a coach who remained silent after learning a team member had been abused. The coach's attorney successfully argued that, because the victim's needs were being taken care of by the family, court intervention wasn't needed.
"If that language was removed from that one portion of the statute, then we would be fine," Leerkamp said.
Added Steve Johnson, executive director of the Indiana Prosecuting Attorneys Council: "It shouldn't matter whether or not a child receives counseling or support later.
"If someone knows a child is being abused or neglected, they should be required to report it. I believe that is the real intent of the law."
Johnson said an attempt was made during the last legislative session to change the law and close the loophole, but the measure failed in a House committee. He said he expects the legislation to be introduced again next year.
Even in cases where it's clear a child is being abused or neglected, few witnesses are charged, said prosecuting attorneys from around the state.
"The question I hear," said Becky McClure, who provides legal advice for the prosecutors council, "is: 'How do I prove this?' "
Without an admission, there often is little evidence someone knew a child was being abused or neglected, said Jennings County Prosecutor Gary Smith.
And opinions of what constitutes abuse and neglect vary, sometimes widely, from person to person and community to community.
"It's easy to be an armchair quarterback and say they should have known," Smith said. "Proving it is another thing."
That leaves police and prosecutors examining each situation on a case-by-case basis.
"We have a lot of authority. And we could put a lot more people in jail than we do," Leerkamp said.
"Sometimes we make those judgment calls."
Even when there is a conviction, it doesn't carry much sting. The charge is a misdemeanor, in the same category as public intoxication, possessing a switchblade knife or vandalizing a vending machine. The maximum penalty: 180 days in jail and a $1,000 fine.
Making a false report of abuse or neglect is a more serious offense, carrying a penalty of up to a year in jail and a $5,000 fine.
The first mandatory reporting laws in the United States were enacted in 1963 and required only physicians to report. By 1967, all states had some form of reporting law.
In 1977, Indiana citizens were added to the state's network of those required to report -- joining doctors, teachers, child-care workers and police officers.
Some question the logic of requiring everyone to report.
Richard Wexler of the National Coalition for Child Protection Reform believes the laws put more children in peril by clogging the system with false and trivial reports.
"It is probably reasonable to require a narrow range of professionals within a narrow range of situations to report. When you get much beyond that, you grossly overload the system. And that can lead to missing children who really are in danger," Wexler said.
"You will miss cases either way. But when caseworkers have far more work than they can possibly handle chasing down false and trivial complaints, you miss even more real cases."
But without a report, said Victor Vieth, director of the National Center for Prosecution of Child Abuse, there is nothing to investigate.
He said that leaves the abused child without hope of protection, "save the unlikely mercy of his perpetrator."
Vieth said research shows the most serious injuries and the greatest number of deaths from battered child syndrome occur in children under the age of 3, who have little opportunity to maintain contact or visibility with others outside the home.
When reporting requirements are limited to doctors or a narrow range of professionals, there is little chance of help for those children, Vieth said.
"History teaches us that in the absence of a legal obligation, many persons with knowledge of abuse remain silent."
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