AUGUSTA, Maine — A Maine State Police report released this week that suggests a number of people knew Bob Carlson sexually abused multiple children, but didn’t come forward to report it, has raised questions about a state law that requires a certain class of professionals to report suspected child abuse.
Did a university president, for example, have a legal responsibility to pass on reports of sexual abuse of a child? And what would the penalty be if he did not?
Maine’s mandatory reporting law requires that 32 types of professionals — from school employees to medical personnel to law enforcement — report child abuse or neglect to the Department of Health and Human Services if they have reason to suspect it has happened.
A review of the mandated reporter law’s history in the Maine Legislature shows the law has expanded from a statute meant to compel medical professionals to report suspected child abuse to a more encompassing law that’s largely in line with other states’ but doesn’t clearly spell out a penalty for failing to report abuse.
Maine’s mandated reporter law first passed in 1965 as a measure to require doctors who see signs that young patients have been abused to make a report to what was then the state Department of Health and Welfare.
The provision laid out a penalty of $100, up to six months in prison, or both for failing to report suspected abuse. It also guaranteed someone who made a report of abuse immunity from civil or criminal liability.
Rep. Malcolm Berman of Houlton wondered whether the law was realistic. “I ask, does anyone here believe that any doctor or hospital official will ever be prosecuted under this law?” he said during House debate on March 2, 1965, according to the legislative record.
But that question “seems to me to miss the point,” said Rep. Harrison Richardson of Cumberland. “The point is that we should encourage our medical people to report cases where they have reason to believe and a reasonable basis for believing that a child is willfully abused by its parents or natural guardians.”
Since the law first passed, it has been changed 25 times, according to a legislative history compiled by the Maine State Law and Legislative Reference Library. It changed in some cases to make minor language adjustments, sometimes to add to the list of mandated reporters and other times to change the procedures for reporting abuse.
School officials joined the list of mandated reporters in 1975, when the state was preparing to apply to the federal government for funding under the Child Abuse Prevention and Treatment Act.
The state needed to amend the law to qualify, so lawmakers extended the list of mandated reporters to include social workers, psychologists, child care employees, law enforcement, teachers, school officials and others.
The amendment didn’t further define “school official” to clarify whether the designation applied to university presidents. The law did, however, impose a stricter penalty for failing to report, raising the potential fine to $500, up to six months in prison, or both.
In 1977, though, the penalty was scaled back. Failure to report became a civil violation punishable by a $500 fine. The penalty language disappeared from the law entirely in 1980 when the mandatory reporting statute became part of the broader Child and Family Services and Child Protection Act. A review of the legislative record — the official record of debate — shows no discussion about dropping the penalty.
While the statute no longer details a penalty for failing to report suspected child abuse, an online training for mandated reporters of abuse on the Department of Health and Human Services website notes that failure to report abuse is a civil violation “for which you may be prosecuted and fined up to $500.”
DHHS spokesman John Martins said the language on the training website is accurate and that the penalty has rarely, if ever, been applied.
“It’s difficult to prove someone has knowingly or willingly not acted as a mandated reporter should,” he said.
The online training also notes that, outside of the law, a licensed professional could face professional sanctions for failing to report abuse or neglect.
Without language on penalties, prosecution for violating the law would be difficult, said Penobscot County District Attorney R. Christopher Almy.
“If there is any kind of evidence that a mandated reporter in this situation failed to report, then you have to look to see whether or not the statute is clear and says, in fact, that if there is a failure to report, whether it is a criminal offense, a civil offense or any offense at all,” Almy said Friday. “My reading of the statute is that it is vague on that point. Vague.”
BDN writer Judy Harrison contributed to this report.
It seems clear to me that the articles I have read in the past few days are pointing to former Husson president Bill Beardsley–is that because he is a commissioner appointed by our governor who is obviously not in high regard with the BDN?
The others mentioned in the articles had more responsibility for reporting any suspicions, or for investigating them.
I think Beardsley may be attracting that attention for one of two reason. The first is the one you mention. The second has to do with his availability for investigators.
The report made reference to the Commissioner being away from the office on two different occasions. The first time he was in the “woods” as I recall and the second he was in a “meeting”. Then his brother the attorney called and asked what do you want to talk to him about. When the Commissioner finally agreed to be interviewed his brother the attorney was present (as is his right) but let’s be honest. It appears, right or wrong from his actions he had something to hide or protect.
This should not be about politics . It seems it is . When Almy puts what is in the interest of the state before children . Mr, Almay you need to go along with all your friends that condone pedophiles.
The following quote was in a BDN article today: “According to the CDC, the U.S. Department of Health and Human Services investigated more than 40,000 child sexual abuse cases in 2010, including 4,072 involving Maine children.”
Is this accurate? If so, it means that ONE OUT OF EVERY TEN child sex abuse cases in the United States occurs in Maine!!! Please tell us this is an error!
It seems to me that you would have to involve the ‘thought police’ in this type of prosecution if you are ever going to charge someone with this offense. Everyone knows you cannot tell what is on the minds of other people, no matter how badly you want to or who you are.
Many people in this case should have made reports to DHHS as required. The sheer volume of reports would have kept DHHS on the case which could have resulted in less sexually abused boys by this creep.
Maybe we ought to have the federal govt. make the call and take action on this case. There are consequences for not reporting child sexual abuse. The DA needs to do something as it is his job.
The conduct and procedures of several local organizations and government agencies need to be extensively investigated and reviewed. Beginning with the Penobscot County Sheriff’s Department. The fact that this man was allowed to operate with impunity through the authority of his positions for forty years should give us all pause. This tragedy is larger than this one man and the individuals who failed to report what they knew about his actions. This is an institutional failure on a grand scale. Finding out which parts of the system failed and reforming them should be the highest priority for our local and state leaders, elected officials and public safety professionals in order to prevent the possibility of this ever happening again.
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