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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: 9512
Date: 2013-12-11

Author:Aaron Robb, Ph.D.

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

Living in State A is no barrier to an action being taken against you in State B if you somehow do something in State B (i.e. make a CA/N report). Were you to make a false report to State B (and not just CA/N, but any number of criminally punishable false reports) the feds would not have to step in to punish you - State B could charge you, prosecute you, and sentence you. State B may have to have you extradited from State A, but it wouldn't be the feds prosecuting you, it would remain a state level issue. The question I would have for Joe is "immunity for what?" Does State B's immunity provision protect the reporter from action in State A? Likely not, as State B's laws cannot override State A's laws/regulations; likely what the action is State A is taking may also be an issue - it may be difficult for there to be a criminal offense in State A for a report in State B, but there may be regulatory issues that State A would still be able to exercise over a reporter who held some sort of state license. Now, depending on how State A's immunity provisions State A may also provide protection to the reporter, but that's jurisdictionally based. In Texas the provision simply covers reporting abuse or neglect in good faith (regardless of where and/or to who that report is made). Tennessee, on the other hand, refers to a specific section of their code (37-1-403) which offers immunity if the report is made to particular authorities (an out of state CPS department is not one of them, although interestingly the way it's written an out of state Sheriff's office where the child resides would be). This is some seriously quirky stuff and likely highly fact dependent on where this is occurring and what the exact requirements are to be covered. -- Aaron Robb, Ph.D. Forensic Counseling Services http://www.texascounseling.org Mailing Address: 2831 Eldorado Pkwy., Ste. 103-377, Frisco, TX 75033 Phone: 972-360-7437; Fax: 940-343-2601 “So I grope in one direction and another, as best I can. In the end, I’m sure to get certain more important details all wrong. But here you’ll have to forgive me. My friend never explained anything. Perhaps he thought I was like himself. But I, unfortunately, cannot see a sheep through the sides of a crate. I may be a little like the grown-ups. I must have grown old.” – Antoine de Saint-Exupery, The Little Prince This e-mail and any attachments contain information from the office of Aaron Robb, Ph.D. and are intended solely for the use of the named recipients. Any dissemination of this e-mail is strictly prohibited. If you believe you have received this e-mail in error, notify the sender immediately and permanently delete the e-mail, any attachments, and all copies thereof from any drives or storage media and destroy any printouts of the e-mails or attachments. ________________________________ From: Bruce Borkosky To: Child Maltreatment Researchers Sent: Tuesday, December 10, 2013 1:00 PM 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.

Living in State A is no barrier to an action being taken against you in State B if you somehow do something in State B (i.e. make a CA/N report). Were you to make a false report to State B (and not just CA/N, but any number of criminally punishable false reports) the feds would not have to step in to punish you - State B could charge you, prosecute you, and sentence you. State B may have to have you extradited from State A, but it wouldn't be the feds prosecuting you, it would remain a state level issue. The question I would have for Joe is "immunity for what?" Does State B's immunity provision protect the reporter from action in State A? Likely not, as State B's laws cannot override State A's laws/regulations; likely what the action is State A is taking may also be an issue - it may be difficult for there to be a criminal offense in State A for a report in State B, but there may be regulatory issues that State A would still be able to exercise over a reporter who held some sort of state license. Now, depending on how State A's immunity provisions State A may also provide protection to the reporter, but that's jurisdictionally based. In Texas the provision simply covers reporting abuse or neglect in good faith (regardless of where and/or to who that report is made). Tennessee, on the other hand, refers to a specific section of their code (37-1-403) which offers immunity if the report is made to particular authorities (an out of state CPS department is not one of them, although interestingly the way it's written an out of state Sheriff's office where the child resides would be). This is some seriously quirky stuff and likely highly fact dependent on where this is occurring and what the exact requirements are to be covered. -- Aaron Robb, Ph.D. Forensic Counseling Services http://www.texascounseling.org Mailing Address: 2831 Eldorado Pkwy., Ste. 103-377, Frisco, TX 75033 Phone: 972-360-7437; Fax: 940-343-2601 “So I grope in one direction and another, as best I can. In the end, I’m sure to get certain more important details all wrong. But here you’ll have to forgive me. My friend never explained anything. Perhaps he thought I was like himself. But I, unfortunately, cannot see a sheep through the sides of a crate. I may be a little like the grown-ups. I must have grown old.” – Antoine de Saint-Exupery, The Little Prince This e-mail and any attachments contain information from the office of Aaron Robb, Ph.D. and are intended solely for the use of the named recipients. Any dissemination of this e-mail is strictly prohibited. If you believe you have received this e-mail in error, notify the sender immediately and permanently delete the e-mail, any attachments, and all copies thereof from any drives or storage media and destroy any printouts of the e-mails or attachments. ________________________________ From: Bruce Borkosky To: Child Maltreatment Researchers Sent: Tuesday, December 10, 2013 1:00 PM 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: 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.