{"id":973,"date":"2012-12-07T08:55:45","date_gmt":"2012-12-07T13:55:45","guid":{"rendered":"https:\/\/thedurstfirm.com\/?p=973"},"modified":"2012-12-05T09:10:46","modified_gmt":"2012-12-05T14:10:46","slug":"doctors-required-to-report-child-abuse-even-if-evidence-is-less-than-conclusive","status":"publish","type":"post","link":"https:\/\/thedurstfirm.com\/?p=973","title":{"rendered":"Doctors required to report child abuse even if evidence is less than conclusive"},"content":{"rendered":"

In a case which is designed to protect children in NJ from abuse, the Appellate Court now requires doctors treating children to report abuse\u00a0 if the physician has a “reasonable cause to believe that a child has been subjected to child abuse.”\u00a0 The decision in L.A. v New Jersey Division of Youth and family Services<\/em>, the appellate panel reasoned that if the medical exam of the child or the necessary treatment gives the doctor “reasonable cause to believe that there has been abuse” then the duty to report is triggered.\u00a0 The doctor must be able to make\u00a0a\u00a0probable inference that the child’s conditioon\u00a0 is the result of child abuse.\u00a0 While clearly well intentioned, imposing such a standard of care on doctors requires them to make potentially life altering reports for the child and the parents even if the suspicion of abuse is not the most probable cause of the injuries sustained by the child.\u00a0 The required level of belief lies somewhere below abuse being the most probable cause and slightly more compelling than a mere suspicion or speculation.<\/p>\n","protected":false},"excerpt":{"rendered":"

In a case which is designed to protect children in NJ from abuse, the Appellate Court now requires doctors treating children to report abuse\u00a0 if the physician has a “reasonable cause to believe that a child has been subjected to … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"_wpas_customize_per_network":false},"categories":[28,27],"tags":[55,29,32,47],"class_list":["post-973","post","type-post","status-publish","format-standard","hentry","category-durstfirm-news","category-durst-on-divorce","tag-child-abuse","tag-divorce","tag-durst","tag-nj"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p6omM8-fH","jetpack_likes_enabled":true,"jetpack-related-posts":[{"id":962,"url":"https:\/\/thedurstfirm.com\/?p=962","url_meta":{"origin":973,"position":0},"title":"Pennsylvania takes steps to further protect children from abuse","author":"Sandy Durst","date":"November 29, 2012","format":false,"excerpt":"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.\u00a0 Such a rule clearly places the welfare of the child as the highest priority; as it should be.\u00a0 However, there are implications for NJ\u2026","rel":"","context":"In "Durst on Divorce"","block_context":{"text":"Durst on Divorce","link":"https:\/\/thedurstfirm.com\/?cat=27"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1237,"url":"https:\/\/thedurstfirm.com\/?p=1237","url_meta":{"origin":973,"position":1},"title":"Leaving child alone in car can be neglect","author":"Sandy Durst","date":"January 23, 2014","format":false,"excerpt":"In a controversial decision that has garnered a significant amount of media attention, the NJ Appellate Court has held that leaving a child alone and unattended in a car when the car is running can give rise to a charge of neglect. This decision must give every parent and care\u2026","rel":"","context":"In "Durst Firm News"","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1107,"url":"https:\/\/thedurstfirm.com\/?p=1107","url_meta":{"origin":973,"position":2},"title":"Use of prescribed medications while pregnant can lead to a charge of child abuse \/ neglect","author":"Sandy Durst","date":"June 9, 2013","format":false,"excerpt":"In a case that pits the welfare a pregnant women against the welfare of her newborn child, the Appellate Division recently decided a case in which they affirmed a finding of abuse and\/or neglect against a mother for her use of methadone as prescribed\u00a0 during her pregnancy.\u00a0 The court found\u2026","rel":"","context":"In "Durst Firm News"","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":976,"url":"https:\/\/thedurstfirm.com\/?p=976","url_meta":{"origin":973,"position":3},"title":"Were your custodial rights impacted by false claims of sexual abuse? Noted Psychologist has license revoked.","author":"Sandy Durst","date":"December 6, 2012","format":false,"excerpt":"In the most recent\u00a0 turn of events\u00a0in a saga that \u00a0is tragic on many levels, psychologist Marsha Kleinman has had her license revoked after it was determined that she she coaxed at least one child into making false allegations of sexual abuse against her father and purposely misleading the court.\u00a0\u2026","rel":"","context":"In "Durst Firm News"","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":966,"url":"https:\/\/thedurstfirm.com\/?p=966","url_meta":{"origin":973,"position":4},"title":"Parent committed child abuse by making false claims of sexual abuse","author":"Sandy Durst","date":"December 5, 2012","format":false,"excerpt":"Parties going through a divorce often seek out any advantage they belief will give them the upper hand and increase their chances of realizing a favorable outcome.\u00a0\u00a0 When dealing with the emotional issue of child support and custody, parents often feel compelled to exaggerate or even fabricate allegations which would\u2026","rel":"","context":"In "Durst on Divorce"","block_context":{"text":"Durst on Divorce","link":"https:\/\/thedurstfirm.com\/?cat=27"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":899,"url":"https:\/\/thedurstfirm.com\/?p=899","url_meta":{"origin":973,"position":5},"title":"Parent’s drug use is not per se child abuse or neglect","author":"Sandy Durst","date":"October 6, 2012","format":false,"excerpt":"In a recent decision which was approved for publication, the Appellate Court found that a parent's use of the prescription medication Xanax did not automatically qualify as child abuse or child neglect.\u00a0 The panel remained focused on whether the inebriated condition of the parent rendered her unable to provide the\u2026","rel":"","context":"In "Durst Firm News"","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/973","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=973"}],"version-history":[{"count":2,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/973\/revisions"}],"predecessor-version":[{"id":975,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/973\/revisions\/975"}],"wp:attachment":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=973"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=973"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=973"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}