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  1. #1
    Join Date
    Feb 2011
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    Default Can a Babysitter in Co Be Charged with Failure to Report Child Abuse

    My question involves child abuse or neglect in the State of: Colorado

    I am a babysitter and I received a subpoena to testify because the father of the family I babysit for is being accused by his ex-wife of child abuse. I babysat for them a handful of times and never suspected that the kids were in any danger, never witnessed any abuse or bruises.

    However, there was one comment made in a sarcastic manner, when I asked how they discipline their children, they said they “yell and beat them” then quickly said “no just kidding we use time out and logical consequences for their actions”.

    Also, the last few times I babysat for them the oldest daughter would have anger outbursts where I started to become concerned and would have to hold her arms back so she would not hit her brother and sister. I asked her if her parents hit her at this point (because I figured she must have learned this behavior somewhere) and she said yes they do. She did not specify if it was her mom or dad, if it was a spanking or something with more force and dropped the subject.

    The kids are also compulsive liars and will blatantly lie to get what they want, making it difficult to gauge the truth of that statement.
    Do I need to worry about being accused as a professional who failed to report?

    And my last question is: is it possible to get immunity from the DA to testify? I am somewhat concerned about self-incrimination (if as a babysitter in CO you feel I could be charged with failure to report) and yet I want to say as much as I can to help the case.

    I appreciate your help!

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: Can a Babysitter in Co Be Charged with Failure to Report Child Abuse

    Baby sitters, unless they are working for a licensed child care facility or public or private school, are not mandated reporters in Colorado.
    The obligation to report then occurs when you have reasonable cause to know or to suspect that there was abuse.

  3. #3
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    Feb 2011
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    Default Re: Can a Babysitter in Co Be Charged with Failure to Report Child Abuse

    Do you know if it is possible to get immunity from the DA to testify?

  4. #4
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Can a Babysitter in Co Be Charged with Failure to Report Child Abuse

    Are you more concerned about the welfare of the children, or yourself?

  5. #5
    Join Date
    Feb 2011
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    3

    Default Re: Can a Babysitter in Co Be Charged with Failure to Report Child Abuse

    Quote Quoting Dogmatique
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    Are you more concerned about the welfare of the children, or yourself?
    It is not that I am more concerned about myself than the children, it is just that I honestly don't even know this family that well and I don't want to get caught up in the middle of this. The kids told me they like being at their dad's much better than their mom's, and I feel like this case is more of a powerplay between the divorced parents than anything, like the mom is falsely accusing the dad to get him out of the picture. I honestly don't think the kids would be better off one way or the other, in fact I think they may be worse off if the mom does win full custody. But all I can go off of is what the kids told me because I never witnessed anything and do not know the inner working of the family.
    So yes, honestly not knowing what is best for the welfare of the kids, the point of my post was to gain insite into my rights in this matter.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Can a Babysitter in Co Be Charged with Failure to Report Child Abuse

    Quote Quoting jd8
    View Post
    My question involves child abuse or neglect in the State of: Colorado

    I am a babysitter and I received a subpoena to testify because the father of the family I babysit for is being accused by his ex-wife of child abuse. I babysat for them a handful of times and never suspected that the kids were in any danger, never witnessed any abuse or bruises.
    Then you testify as to that fact or truthfully to any other questions posed to you. If you overheard an outburst, you simply tel the truth.

    Do I need to worry about being accused as a professional who failed to report?
    Probably not. You are apparently not a mandated reporter and unless you in some way contributed to the abuse of the children by affirmative action, I can't see any way to charge you. But, you can ask the DA if you wish.

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