Mandated reporting and victims of assault/domestic violence when minors are present

Yes. Ohio Revised Code 2151.42: Reporting child abuse or neglect. https://codes.ohio.gov/ohio-revised-code/section-2151.421 For a child witnessing violence in the state of Ohio according to this report: reports that Ohio law states that witnessing occurs when the domestic violence is committed "in the vicinity of the child" witnessing the event within 30 feet. It does not cite where this law is! Frustrating! It may provide the necessary guidance I am searching for! https://www.childwelfare.gov/pubpdfs/witnessdv.pdf Ohio reporting child abuse or neglect doesn't specify what to do if it is witnessed violence only if the child is seen as the victim. Section C1: It goes on to state any report made shall contain the names, addresses of the child and the child's parents or the person or persons having custody of the child if known. The name and address of the victim you suspect is being abused or neglected The age of the victim The name and address of the parent(s), guardian, or caregiver The name of the person you suspect is abusing or neglecting the victim and the address is available The reason you suspect the victim is being abused or neglected Any other information that may be helpful to the investigation The CPS report should be made by where the parent/guardian resides and the jurisdiction is where the alleged abuse took place. Section G1: A representative of the public children's service agency shall at the time of initial contact with the person subject to the investigation inform the person of the specific complaints or allegations made against the person. (I interpret this as providing the victims name given because the forensic nurse was the reporter and that name is protected unless it becomes a criminal proceeding and the case goes to court (Section I 1). Meaning that details from the initial report made by the forensic nurse inclusive of the victims identification can be revealed to the person under investigation (assailant)). In reporting domestic violence to law enforcement this is only necessary if the victim presents with felony-level injuries (GSW, stabbings, second or third degree burns, other serious injuries). https://codes.ohio.gov/ohio-revised-code/section-2921.22 Felony injuries weren't sustained by the victim, thus privacy/safety remains to be important given that domestic violence often escalates. I suppose it falls under the "any other information that may be helpful to the investigation..." however this isn't spelled out in the actual code -- only implied on mandated reporting website (ODJFS). In terms of violence, as it is known to escalate, and ethical principles this could equate to whose life is more important? The child who witnessed the abuse or the victim who experienced the abuse? What happens when the assailant learns of the report by information provided by the CPS investigator- Applying the evidentiary standard of beyond reasonable doubt to vigilante justice could fuel for additional violence at the hands of the assailant! Especially if the victim reports "It wasn't me..." out of fear. At the end of the day if the forensic nurse reports name of child, parent, address, and where the assault was witnessed (including the assailant), this should suffice as an investigation should ensue. One could argue not providing the victims name wouldn't be an "objective" act- however in terms of safety planning its of the upmost importance. Especially if the forensic nurse practices in a volatile community. If a report has not been made to law enforcement, and/or felony injuries haven't been sustained, in regards to safety planning, why should the victims name be shared? Certainly forensic nurses are partners with community agencies but again non-maleficence! I've probably let my imagine run wild with this but in this line of service to the community I have learned that... anything is possible!

I think that is reasonable. CPS will find out eventually and informing the victim it is your responsibility to report. Do you have a specific law in your state regarding mandatory reporting ?

No police report made at the time of the encounter to receive medical care. Victim declined involving law enforcement at the time of presentation but verbalized they would file a report in the upcoming days. Victim did not want to report the incident to CPS, however understood that it is the legal obligation of the forensic nurse providing care. DV Victim was a not a parent/guardian of child however did participate in providing care for the child during the relationship with the assailant. The primary residence of the child is at the assailants home with the assailant being the parent of the child. Providing the victims name doesn't sit well with me because of potential safety issues due to the victim being an adult. Upon investigation of CPS, the assailant may be able to put two and two together (coming to their own conclusion of who filed the report). Is it the responsibility of the forensic nurse to provide that information outright or is it the responsibility of the CPS caseworker to gather more information given they are doing an investigation and are not law enforcement? If this was a child that was victimized and presented for medical care I feel like I wouldn't have any issue naming all involved- given that suspicion is all that is needed to make a report in the state in which I practice. One could argue that an adult victim presenting for care post assault of a domestic relationship should give rise to possible abuse in the home of the child- but that is speculation. The forensic nurse is reporting in good faith due to disclosure of the victim. What is the autonomy of the victim disclosing this information? How can the forensic nurse protect the victims safety while also reporting to CPS concerns of witnessed violence by a child. Just a tough situation! What I gather from your statement and experience with similar situation is it is okay to give a verbal report to CPS regarding the parties involved (naming the victim & assailant and safety issues r/t the event involving the child). The forensic nurse should include this in discharge planning and make the victim aware that their name could be shared as a part of the CPS investigation and should follow the safety plan as prescribed.

Mindy, couple of questions

1. there was a police report correct?

I Imagine if so there was a case number generated that report is public record

2. what is the relationship between the DV victim and child.?

so if a report to child services is made regarding safety of child individuals involved will need to be disclosed. You do not have to give all The info ( especially) any health information regarding victim). But if a police report is generated that is public knowledge. Child services does not have access to patient medical record but they do need to speak to witnesses and the DV patient is a witness. Not most of the time if that victim does not have direct care over that child they may not even investigate if the child is not goibg to be living in the home with DV victim.

did I totally confuse you??

barb