ALWAYS. According to the Florida Department of Children and Families website, over one million children are the victims of child abuse and neglect each year1. Abuse occurs when a parent, legal guardian, caregiver, or other adult’s actions cause harm to a child’s physical, mental, or emotional health. Neglect occurs when a child is deprived of necessary food, clothing, shelter or medical treatment or is placed in an environment where the child’s physical, mental or emotional well-bring is impaired or in significant danger of becoming impaired.In Florida, all healthcare providers and hospital personnel, including doctors, nurses, nurse’s assistants and admissions clerks, are required by law to report suspected abuse or neglect when they have a reasonable suspicion. Fla. Stat. §39.201(1). (Reasonable suspicion means that a similar person in your shoes, when presented with the same facts, would also suspect abuse or neglect.) In fact, the law makes it a third-degree felony not to report suspected abuse or neglect. Fla. Stat. §39.205(1). In the case of a psychiatrist, psychologist, or psychotherapist, any doctor-patient privilege would not apply. Any information leading him/her to suspect abuse or neglect learned in a session with the child victim, the adult wrongdoer or a third person with knowledge must be reported. Fla. Stat. §39.204.
But, what if you report someone and there is no abuse or neglect? Rest assured that anyone who reports suspected abuse or neglect in good faith is immune from civil or criminal liability. Fla. Stat. §39.203(1). An angry parent, guardian, or other adult who is later vindicated cannot retaliate and press charges or file a lawsuit for defamation against you, as long as you had a reasonable suspicion and reported the suspected abuse or neglect in good faith.
The moral of the story, if you suspect abuse or neglect of a child, report it.
Suspected child abuse or neglect can be reported to the Florida Abuse Hotline at 1-800-962-2873.
