A recommendation from a PA task seeks to place attorneys into the class of professionals who are designated as a mandatory reporter of alleged child abuse. Such a rule clearly places the welfare of the child as the highest priority; as it should be. However, there are implications for NJ family law attorneys. NJ attorneys are already required to report credible allegations of child abuse. Child abuse, particularly by a parent, is one of most serious allegations that can be raised during a divorce. Sometimes the claim are unfortunately true. Other times, the claims are fabricated by the other parent in the belief that doing so will create a tactical advantage. Once allegations are reported – by an attorney or any other mandatory reporter – an investigation will result and could tear the family further apart. In NJ, the lodging of knowingly false abuse claims can be considered a form of child abuse. When a client raises claims of child abuse I am forced to take those claims seriously.I remind them that I am obligated to report any such claims if I believe them to be authentic. I then explain the chain of events that a claim will initiate. Abuse claims should not be made lightly or taken lightly. Abuse of children is never appropriate.
TASK FORCE SUGGESTS MAKING ATTORNEYS MANDATORY REPORTERS
A Pennsylvania task force created in the wake of the Jerry Sandusky and the Archdiocese of Philadelphia priest sex-abuse scandals proposes that attorneys be added to the list of mandatory reporters who must report suspected child abuse. The proposed change makes exceptions for confidential communications to lawyers “but only to the extent that such communications are protected under the rules of professional conduct for attorneys.” The task force said it was adding the “‘only to the extent'” provision in order to narrow the scope of privilege regarding confidential communications made to attorneys. The proposal was part of the final report of the Pennsylvania Task Force on Child Protection, released Tuesday.
