State's mandatory reporting laws lack clarity, enforcement

Apologies, like thoughts and prayers in mass shootings, are not enough when it comes to sexual abuse and assault of our youth.

Adults have an unwavering responsibility to protect our children and teens from the irreparable harm of sex abuse, and we should hold accountable those who abandon or ignore this obligation.

Many lessons are emerging from last Sunday's Statesman Journal story about a pastor, two other former church staff members, and a member of an affiliated church accused of sexual assault and rape that spanned more than two decades.

One of the most important takeaways is the lack of clarity in Oregon's mandatory reporting laws.

Pastor's resignation:Salem pastor resigns after church investigates claims of sexual misconduct by him, 3 others

More on mandatory reporting:Will all mandatory reporters in Oregon follow Salem-Keizer's teen sex reporting rules?

Governed by Oregon Revised Statute 419B.005 (3), the list of mandatory reporters -- workers in certain professions who must report to the Department of Human Services or law enforcement if they have reasonable cause to suspect abuse or neglect -- is long and detailed. 

There are more than 30 professions, but is that enough? Why not all elected officials instead of just Legislators, why not paralegals instead of just attorneys.

Since any person younger than 18 is unable to give consent under Oregon law, any sexual activity is considered abuse and must be reported. There is no statute of limitations on reporting laws.

But time and again, this community has learned about suspicions of abuse of its young people that was  shared with mandatory reporters who failed to report the information.

There are a variety of reasons why mandatory reporters fail to speak up, according to Jenny Coleman, director of Stop It Now, a nationwide nonprofit formed to prevent sex abuse of children.

Coleman said many mandatory reporters question whether they will be ruining a life if their suspicions are wrong or unfounded. Or they believe it couldn't possibly be true because the alleged abusers are good folks among adults.

Or, and this one is heard frequently, Coleman said, the mandatory reporter incorrectly assumes someone else will report it.

There is no room for ambiguity. Mandatory reporters must recognize that their personal reservations don't trump a child's future mental and physical health.

Oregon needs to model how to speak out on behalf of its most vulnerable population. Training is already required, but it's time to bolster it. Bring in legal experts to answer questions about why it's better to report than stay silent.

Help mandatory reporters know they are not bandages, but front-line pattern disrupters.

Some states have moved to increase the penalties for reporters who don't report, and others still have made the failure a felony instead of a misdemeanor.

We're not certain that approach works. 

But we do know sexual abuse festers in secrecy.

Train mandatory reporters so that they understand their futures are tied to their protection of our young people. Prepare mandatory reporters so that they speak up and err on the side of a young life instead of caution.

And possibly everyone will realize they are a mandatory reporter whatever their profession.

Partial list of mandatory reporters

“Higher education institution” means:

      (a) A community college as defined in ORS 341.005;

      (b) A public university listed in ORS 352.002;

      (c) The Oregon Health and Science University; and

      (d) A private institution of higher education located in Oregon.

      (4) “Law enforcement agency” means:

      (a) A city or municipal police department.

      (b) A county sheriff’s office.

      (c) The Oregon State Police.

      (d) A police department established by a university under ORS 352.121 or 353.125.

      (e) A county juvenile department.

      (5) “Public or private official” means:

      (a) Physician or physician assistant licensed under ORS chapter 677 or naturopathic physician, including any intern or resident.

      (b) Dentist.

      (c) School employee, including an employee of a higher education institution.

      (d) Licensed practical nurse, registered nurse, nurse practitioner, nurse’s aide, home health aide or employee of an in-home health service.

      (e) Employee of the Department of Human Services, Oregon Health Authority, Early Learning Division, Youth Development Division, Office of Child Care, the Oregon Youth Authority, a local health department, a community mental health program, a community developmental disabilities program, a county juvenile department, a child-caring agency as that term is defined in ORS 418.205 or an alcohol and drug treatment program.

      (f) Peace officer.

      (g) Psychologist.

      (h) Member of the clergy.

      (i) Regulated social worker.

      (j) Optometrist.

      (k) Chiropractor.

      (L) Certified provider of foster care, or an employee thereof.

      (m) Attorney.

      (n) Licensed professional counselor.

      (o) Licensed marriage and family therapist.

      (p) Firefighter or emergency medical services provider.

      (q) A court appointed special advocate, as defined in ORS 419A.004.

      (r) A child care provider registered or certified under ORS 329A.030 and 329A.250 to 329A.450.

      (s) Member of the Legislative Assembly.

      (t) Physical, speech or occupational therapist.

      (u) Audiologist.

      (v) Speech-language pathologist.

      (w) Employee of the Teacher Standards and Practices Commission directly involved in investigations or discipline by the commission.

      (x) Pharmacist.

      (y) An operator of a preschool recorded program under ORS 329A.255.

      (z) An operator of a school-age recorded program under ORS 329A.257.

      (aa) Employee of a private agency or organization facilitating the provision of respite services, as defined in ORS 418.205, for parents pursuant to a properly executed power of attorney under ORS 109.056.

      (bb) Employee of a public or private organization providing child-related services or activities:

      (A) Including but not limited to youth groups or centers, scout groups or camps, summer or day camps, survival camps or groups, centers or camps that are operated under the guidance, supervision or auspices of religious, public or private educational systems or community service organizations; and

      (B) Excluding community-based, nonprofit organizations whose primary purpose is to provide confidential, direct services to victims of domestic violence, sexual assault, stalking or human trafficking.

      (cc) A coach, assistant coach or trainer of an amateur, semiprofessional or professional athlete, if compensated and if the athlete is a child.

      (dd) Personal support worker, as defined by rule adopted by the Home Care Commission.