From U Zagreb-Croatia: Child protection: legal and ethical obligations in reporting child abuse

J Forensic Odontostomatol. 2013 Oct 1;31 Suppl 1:158-9.

Child protection: legal and ethical obligations in reporting child abuse.

Cukovic-Bagic I, Welbury R, Buljan Flander G, Hatibovic-Kofman S, Nuzzolese E.

Author information

• Department of Pediatric and Preventive Dentistry, School of Dental Medicine, University of Zagreb, Croatia.

Abstract

Child protection is a duty of every single member of the society. Health professionals who work with children, such as members of dental team, are in the unique position to recognize signs of physical, sexual and emotional abuse as well as (dental) neglect. They should report any suspected case where a child is or may be in need of welfare. The professional responsibility is regulated by legal and ethical obligations. Legislation covering child protection can be divided into two main categories: civil law and criminal law. 

Method: In this preliminary work the authors investigate the legal and ethical acts, and the similarities vs. differences in obligations regarding reporting child abuse and neglect (CAN) cases in four countries: Croatia, United Kingdom, Italy and Canada. 

Results: In all four countries all medical professionals (and officials) have a duty to report their suspicion if a child is in an harmful situation, thus requiring the need of protection and assistance. Additionally, people working closely with children should raise their awareness on possible signs of CAN, and report any suspicious or uncommon behavioral signs. All professionals or officials who fail to report, or even neglect or delay to report a suspicion, are liable on conviction to a pecuniary fine which varies from country to country. Depending on the country, if a professional has reasonable grounds to suspect that a child is or may be in need of protection, must report to: CAS (children's aid society), to CSS (center for social services), to police, to Juvenile Court, or to the ombudsman. The report should be made, immediately or up to 48 hours from the moment of suspicion. In all four countries, dentists are not asked to diagnose 'child maltreatment', but simply report the suspicion with supportive evidence. Ethical obligation comes from medical and dental ethical codes, which is in all four countries regulated by the Chamber or Council of Dentists. In general, ethical obligations cover protection of children, the elderly and the disabled, in particular when the environment, family or the community in which they live is not sufficiently responsive to health care. 

Conclusion: All four countries consider children as a vulnerable group which should be protected. Legal and ethical obligations in reporting CAN are similar. Differences are related mostly to fines for non-reporting or a delay in reporting to judicial authorities. Expanded investigation through other European countries and standard operational procedures is needed, in order to harmonize policies and guidelines for reporting CAN and maximize children protection.