Kansas | Family Law
Legal Question
what happens if a doctor or therapist fails to report suspected child abuse to srs
Legal Answer
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Read More Answered By: Anthony Smith |
A mandatory reproter who opts not to report can be found guilty of a crime, suffer a blemish on their professional record, and possibly lose their license to practice. The question of "suspected abuse" is a tricky one, that is very dependent upon the facts of each particular situation. If the doctor truly suspected abuse, and opted not to report, and those two facts can be proved, then the care provider woudl be in trouble. If, there is alater tragic event, and the facts show that the care provider "should" have known or suspected abuse, they could still get in trouble. But, if it is a matter that they :could" have suspected, the outcome is much less clear. There is not penalty for honestly reporting a suspicion of abuse, that turns out to be wrong. Therefore, it seems better to err on the side of reporting. Most investigation conclude that no abuse occurred. But, most investigators would rather check on 20 cases of mistaken suspicion than investigate one tragic case where no one reported anything.
Good luck
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