The Risks and Consequences of Failing to Report Child Abuse
Curt and Katie discuss the CA Board of Behavioral Sciences case against Barbara Dixon, LMFT who failed to report child abuse for Gabriel Fernandez and Anthony Avalos who both subsequently died from abuse by caregivers. We look at what this therapist missed as well as appropriate child abuse reporting, including the nuance of when to report. CW: details of child abuse discussed.
Transcripts for this episode will be available at mtsgpodcast.com!
In this podcast episode we talk about the importance of child abuse reporting
We talk about the failure to report abuse by Barbara Dixon, LMFT that has recently been in the news related to the deaths of Gabriel Fernandez and Anthony Avalos.
The case related to the child abuse death of Gabriel Fernandez
Content Warning: Details of the case, including the actions taken (and not taken) by Barbara Dixon, LMFT
The decision-making process with child abuse reporting
Who is responsible to decide to report child abuse – the clinician or the supervisor?
When supervisors or agencies tell clinicians under supervision not to report child abuse report
The individual responsibility that each clinician holds
The myth that you’re working “under” your supervisor’s license
How do you decide whether you should report child abuse?
Clarity from child abuse reporting laws
Hesitation based on systemic response, the therapeutic relationship, and the paperwork hassle
Where there are gray areas and nuance
The consequences of failing to report child abuse or adequately document services or risks
Your agency or supervisor may not be held liable for your actions (especially if you don’t document what you did)
Incomplete documentation hurts – it doesn’t help you hide from liability
Appropriate Child Abuse Assessment and Reporting
Interviewing the child separately
Following up on what you’ve asked for
Understanding at what point it becomes our responsibility (i.e., having sufficient information)
Documenting each stage and make sure to appropriately close out treatment file when needed
Consultation and not making the decision on your own
Defining the injury and assess from there
Understanding normal childhood response to typical life events (and noting changes)
Navigating the gray areas in child abuse assessment
Looking at impact, intent, and injury
Using the context to help decide when there isn’t a definitive line
Adequately documenting, even when you aren’t sure you’re making the right decision, is important and necessary
Looking at what needs systemic intervention and what needs family therapy
Getting past the discomfort to report child abuse report
It is your responsibility
Taking a moment to understand the purpose of reporting
Reducing your own liability
Obtaining resources for families
Understanding the risk for families of systems getting involved
Resources for Modern Therapists mentioned in this Podcast Episode:
We’ve pulled together resources mentioned in this episode and put together some handy-dandy links. Please note that some of the links below may be affiliate links, so if you purchase after clicking below, we may get a little bit of cash in our pockets. We thank you in advance!
Los Angeles Times Article: Counselor who didn’t report abuse of Gabriel Fernandez, Anthony Avalos put on 4-year probation
Citation/Enforcement Decision on Barbara Dixon
LA Times Article: Charges dismissed against social workers linked to Gabriel Fernandez’s killing
Relevant Episodes of MTSG Podcast:
Now Modern Therapists Have to Document Every F*cking Thing in Our Progress Notes?
Do Therapists Curse in Session?
Toxic Work Environments
Giving and Getting Good Supervision
Make Your Paperwork Meaningful: An interview with Dr. Maelisa McCaffrey Hall
Noteworthy Documentation: An interview with Dr. Ben Caldwell, LMFT
CYA for Court: An interview with Nicol Stolar-Peterson, LCSW