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Child-Maltreatment-Research-L (CMRL) List Serve

Database of Past CMRL Messages

Welcome to the database of past Child-Maltreatment-Research-L (CMRL) list serve messages. The table below contains all past CMRL messages (text only, no attachments) from Nov. 20, 1996 - March 6, 2018 and is updated quarterly.

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Message ID: 8664
Date: 2013-12-10

Author:Bruce Borkosky

Subject:Re: immunity and the making of child maltreatment reports across state lines

I believe it to be true that, where the parties to a suit reside in different states, that only federal courts have jurisdiction BB On Tue, Dec 10, 2013 at 12:31 PM, Frank Vandervort > wrote: Hi Joe, This is an interesting question. According to the Child Welfare Information Gateway, all states have immunity laws for both mandatory and non-mandatory reporters (this is a requirement of states receiving CAPTA funding). So, a reporter who reports would have at least some level of immunity (states may differ in the precise scope of their immunity clauses, but they generally apply if the report is in good faith). If the report was across state lines, and assuming there is some difference in the two states' immunity statute, the question would become where the report was made. Was it made in the sate where the reporter is situated or in the state in which the agency is located? I know of no law on this point. I hope this helps. If you have other questions about this, I would be happy to try to answer them for you. Frank Vandervort On Tue, Dec 10, 2013 at 8:39 AM, Joe Scroppo, Ph.D. > wrote: Wise colleagues, I am seeking any and all information regarding the status of a reporter’s immunity when : a) the reporter is located in State A, as is the alleged victim; and b) the alleged perpetrator and the alleged act of child maltreatment occurred in State B. Suppose the reporter, who resides in State A, calls up the CPS in State B and makes a report. Does the immunity statute of State B extend to the reporter? More generally, I am very interested in the issue of cross-jurisdictional making of child-maltreatment reports. Any information, especially articles or citations to policies, would be much appreciated. Thanks. Joe Joe Scroppo, Ph.D., J.D. Licensed Psychologist Attorney & Counselor at Law 609 Peninsula Boulevard, Woodmere, NY 11598 999 Central Avenue--Suite 102, Woodmere, NY 11598 Voice: (516) 791-1438 ; Fax: (800) 441-9772 ; E-mail: scroppo@optonline.net “The mature man lives quietly, does good privately, assumes personal responsibility for his actions, treats others with friendliness and courtesy, finds mischief boring and keeps out of it. Without this hidden conspiracy of good will, society would not endure an hour.” Kenneth Rexroth (1905-1982)—American poet. Warning: The information contained in this electronic mail message is intended only for the personal and confidential use of the designated recipient(s) named above. This message may be an attorney-client communication, may be protected by the work product doctrine, and may be subject to a protective order. As such, this message is privileged and confidential. If the reader of this message is not the intended recipient, this electronic communication was delivered to you in error, and any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify Dr. Scroppo immediately by telephone and e-mail, and destroy any and all copies of this message in your possession (whether hard copies or electronically stored copies). Although this e-mail may provide information concerning legal issues, such information is not intended to constitute or be a substitute for legal advice from qualified counsel. This e-mail does not constitute the rendering of legal services or advice and does not create any attorney-client relationship between you and Dr. Joe Scroppo. Dr. Scroppo assumes no responsibility for any consequence relating directly or indirectly to any action or inaction resulting from the content of this e-mail. -- Frank E. Vandervort Clinical Professor of Law University of Michigan Law School 701 South State Street Ann Arbor, MI 48109 (734) 647-3168 -- Bruce G. Borkosky, Psy.D. PA 1800 Lakeview Drive Sebring, FL 33870 863-386-0276 800-919-9008 Fax 813-200-8450 ForensicPsychologist@outlook.com www.fl-forensic.com www.psyris.com/bruceborkosky www.bruceborkosky.com This communication is confidential and privileged. If you are not the intended recipient, please communicate the error immediately, and delete all copies.

I believe it to be true that, where the parties to a suit reside in different states, that only federal courts have jurisdiction BB On Tue, Dec 10, 2013 at 12:31 PM, Frank Vandervort > wrote: Hi Joe, This is an interesting question. According to the Child Welfare Information Gateway, all states have immunity laws for both mandatory and non-mandatory reporters (this is a requirement of states receiving CAPTA funding). So, a reporter who reports would have at least some level of immunity (states may differ in the precise scope of their immunity clauses, but they generally apply if the report is in good faith). If the report was across state lines, and assuming there is some difference in the two states' immunity statute, the question would become where the report was made. Was it made in the sate where the reporter is situated or in the state in which the agency is located? I know of no law on this point. I hope this helps. If you have other questions about this, I would be happy to try to answer them for you. Frank Vandervort On Tue, Dec 10, 2013 at 8:39 AM, Joe Scroppo, Ph.D. > wrote: Wise colleagues, I am seeking any and all information regarding the status of a reporter’s immunity when : a) the reporter is located in State A, as is the alleged victim; and b) the alleged perpetrator and the alleged act of child maltreatment occurred in State B. Suppose the reporter, who resides in State A, calls up the CPS in State B and makes a report. Does the immunity statute of State B extend to the reporter? More generally, I am very interested in the issue of cross-jurisdictional making of child-maltreatment reports. Any information, especially articles or citations to policies, would be much appreciated. Thanks. Joe Joe Scroppo, Ph.D., J.D. Licensed Psychologist Attorney & Counselor at Law 609 Peninsula Boulevard, Woodmere, NY 11598 999 Central Avenue--Suite 102, Woodmere, NY 11598 Voice: (516) 791-1438 ; Fax: (800) 441-9772 ; E-mail: scroppooptonline.net “The mature man lives quietly, does good privately, assumes personal responsibility for his actions, treats others with friendliness and courtesy, finds mischief boring and keeps out of it. Without this hidden conspiracy of good will, society would not endure an hour.” Kenneth Rexroth (1905-1982)—American poet. Warning: The information contained in this electronic mail message is intended only for the personal and confidential use of the designated recipient(s) named above. This message may be an attorney-client communication, may be protected by the work product doctrine, and may be subject to a protective order. As such, this message is privileged and confidential. If the reader of this message is not the intended recipient, this electronic communication was delivered to you in error, and any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify Dr. Scroppo immediately by telephone and e-mail, and destroy any and all copies of this message in your possession (whether hard copies or electronically stored copies). Although this e-mail may provide information concerning legal issues, such information is not intended to constitute or be a substitute for legal advice from qualified counsel. This e-mail does not constitute the rendering of legal services or advice and does not create any attorney-client relationship between you and Dr. Joe Scroppo. Dr. Scroppo assumes no responsibility for any consequence relating directly or indirectly to any action or inaction resulting from the content of this e-mail. -- Frank E. Vandervort Clinical Professor of Law University of Michigan Law School 701 South State Street Ann Arbor, MI 48109 (734) 647-3168 -- Bruce G. Borkosky, Psy.D. PA 1800 Lakeview Drive Sebring, FL 33870 863-386-0276 800-919-9008 Fax 813-200-8450 ForensicPsychologistoutlook.com www.fl-forensic.com www.psyris.com/bruceborkosky www.bruceborkosky.com This communication is confidential and privileged. If you are not the intended recipient, please communicate the error immediately, and delete all copies.