Hello everyone,
I wanted to hear your thoughts on a scenario.
An adult victim of domestic violence presents to the ER. The adult victim discloses assault with a child witnessing the event. The adult victim is not the parent/guardian of the child. The forensic nurse collects the information of the assailant, the information of the child, and the address where the assault occurred. Appropriate processes are followed and the victim is discharged to a shelter with a safety plan.
The forensic nurse, as a mandated reporter, reports the incident to Child Protective Services. The forensic nurse provides the name of the assailant, the name of the child, and details regarding the case as pertaining to safety issues r/t the child.
When reporting, should the forensic nurse share the name of the victim?
Is the victims name considered protective health information, given it was not the child who experienced the assault but witnessed the assault.
Is the victims name protected from disclosure given they are not the one reporting the witnessed assault?
Could releasing this information endanger the victim
(given that CPS could disclose details of the report made?)
Will sharing the information of the victim assist in CPS investigation?
Is sharing the name the responsibility of the forensic nurse or the CPS completing the investigation?
Especially when the victim has been removed from the home?
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Mindy Lause
Jan 20, 2022
Mandated reporting and victims of assault/domestic violence when minors are present
Mandated reporting and victims of assault/domestic violence when minors are present
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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!