Along ewith the ethical imperatives involved with Duty to Warn, duty to protect, duty to report, there are legal mandates that address most types of abuse The forms of law are the same for the Federal government as they are for individual states Constitutional Law - based on U.S. and state Constitutions Statutory law - made in legislature (Federal and state statutes) Decisions made by the judicial system (Courts) Case law Administrative law rules and regulations made by executive branch i.e. federal regs, state regs To my knowledge all issues of warning or reporting regarding abuse is covered by either case law or federal and state statutes.

REPORTING CHILD ABUSE All states now require that suspected child abuse be reported. Some states require that any person suspecting child abuse must make a report, others require reports only from named professionals. Some statutes clearly state that the reporting obligation supersedes confidentiality or privilege. In other states this is not so clear. In these jurisdictions there is both an obligation to report suspected child abuse and an obligation on the part of the health and human services professional to maintain confidentiality or treat communications as privileged. Here it is vital for the professional to determine the applicable state law. Some states require reporting only abuse and not neglect. They make a distinction between more serious harm that involves non-accidental physical or sexual injury and less serious harm involving a failure to care for, supervise, provide necessities. Where the law is unsettled, the health and human services worker must decide which course of action to take. Many states have criminal penalties for failure to report child abuse, and tort actions have been brought for negligent failure to report. Refusal to testify in court about communications related to child abuse could result in a contempt citation with a fine or imprisonment until the contempt is purged? There is no standard for degree of certainty!

REPORTING ELDER ABUSE A 1981 report by the House Select Committee on Aging estimated that up to one million elderly persons may be subjected to some form of abuse, although the problem tended to be underreported, and recommended state legislation. TM Ten years later, the Committee released a report titled "Elder Abuse: A Decade of Shame and Inaction." That report estimated abuse of the elderly had grown to about 1.5 million a year. At the time of the latter report, some forty-three states had enacted some form of elder abuse legislation, and at present, virtually every state has some form of legislation. Some of these laws refer specifically to the elderly, others include elder abuse in broader adult protective services statutes or domestic violence statutes. Abuse of the elderly ranges from physical abuse to financial to emotional and psychological. Statutes vary in their coverage, with the willful or negligent infliction of physical abuse or neglect more common, infliction of emotional or psychological abuse less common. Reporting provisions in most states either mandate that specific health and human services professionals must report or that anyone must report if there is reasonable cause to believe eider abuse has taken place. As with child abuse, there is immunity for reporting, or in some states, immunity for good faith reporting.

Domestic Violence Statutes Every state has enacted legislation to prevent domestic violence and aid victims. The statutes are designed to protect the victim, punish the abuser, and provide shelter and services for abused spouses. They are similar in that they define the acts which constitute domestic violence, identify who is covered by the statues, provide for temporary relief through the issuance of a temporary restraining order and then, along with procedures for hearings, provide for a range of possible relief including permanent restraining orders and monetary awards.

The design of domestic violence legislation generally includes a definition of those individuals entitled to protection under the statute, provisions for temporary or emergency relief, issuance of a protective order and notice to victims under the act …In addition, varying from state to state, one will find protection for police officers from civil liability and the ability to arrest without a warrant, monetary compensation the victim for physical injuries incurred and court ordered counseling for the parties concerned. (Lengyel, 1990: 62)

Protection is generally limited to adults or emancipated minors, with child protection coming under state child abuse statutes. States appear to be divided between limiting protection to opposite sex cohabitants or including same sex couples. The statutes concerning spouse abuse are not clear however with regard to a duty to report past abuse. With current or foreseeable future physical abuse, you are governed by case law to protect and warn! See Tarasoff vs California board of regents Based on the case, there must be 1. Foreseeable harm and 2. An identifiable victim Issue of foreseeability is difficult. In some cases, foreseeability can be based on past behavior.

As a social worker, your ethical commitment to social justice and against discrimination or oppression can result in ethical action even if there is no legal mandate or even if you risk liability or law-breaking. I.e. Reporting to a spouse that a client has AIDs or is HIV positive. Duty to Warn can be discharged by 1. Warning potential victim, 2. Reporting to police, 3. civil commitment