Making child protection professionals legally liable to immediately report any child abuse could actually increase mistreatment, social workers fear.
“The introduction of mandatory reporting with criminal penalties could stop caregivers from disclosing difficulties associated with looking after children,” Maltese Association of Social Workers chair Charlene Martin told the Times of Malta.
“It could therefore not necessarily reduce child abuse, but actually increase it as it goes underground,” she added.
Together with vice-chair Roslynn Vella, Ms Martin was speaking to Times of Malta about the association’s feedback on the new Child Protection Bill.
Social workers, who have mixed feelings about the effectiveness of mandatory reporting, are suggesting alternatives such as instilling a sense of duty to report.
“Anyone who comes in touch with abused children should feel obliged to take action. If those close to the children – from neighbours to teachers and social workers – collaborate and support each other, they could help the parents or caregivers get back on the right track,” Ms Martin said.
“Rather than threatening professionals with criminal proceedings if they don’t report abuse, people should feel responsible to act.”
Rather than threatening professionals with criminal proceedings if they don’t report abuse, people should feel responsible to act
Some stakeholders have already voiced concern about the introduction of mandatory reporting. Most recently, the Commission of the Salesians of Don Bosco said that such reporting could make social workers’ situation worse, because professionals would likely start offloading concerns to Child Protection Services.
“The danger is that they would initially struggle and later be simply unable to process reports in a timely manner, leading to a breakdown in the child protection system,” the Salesians warned earlier this summer.
Ms Martin, meanwhile, noted that social workers, too, were worried about additional pressure on professionals.
While welcoming enhanced protection of children afforded by the new Bill, such as for those who are placed under care voluntarily, social workers are urging for increased resources.
“The law will bring a better structure to the whole child protection system. However, we hope that resources, such as social workers and placements for children who need out of home care, increase,” Ms Vella noted, adding that the State could, as it did within the disability and health sectors, enter into some agreement with NGOs and the private sector.
One example of improved protection under the current Bill is the setting up of a therapeutic and secure centre, which would ensure that youths with behavioural difficulties will no longer be admitted to Mount Carmel Hospital or even jailed.
The social workers have also welcomed a sense of permanency for children in out of home care. According to the latest proposals, the Care Review Board will, at any time, be able to kick off a permanency plan, and therefore release children for adoption.
However, do children in foster care have to wait 10 years for such a permanency plan? This provided no stability and security for children, Ms Vella said.
Social workers are also calling for more transparency and accountability when it comes to those elected to boards taking decisions about children’s protection.
Apart from electing people through a public call, rather than leaving this in the Family Minister’s hands, the MASW believes that there should be clear eligibility criteria that include specialities and skills, not just the number of professional years required to fill such posts.