Today we have a guest post from local homeschool mom, Katie Thiel. Katie has been actively following and opposing HB 4016 and has graciously agreed to share her knowledge with us!
HB 4016 would criminalize and punish volunteers who fail to properly report signs of abuse.
The well-intentioned crafters of House Bill 4016 are attempting to legislate a solution to the very great evil of child abuse. However, one of the unfortunate truths about governance is that when we attempt to legislate right behavior we often fail to further promote the type of behavior that we wish to see, and burden those who would already act rightly with unintended consequences. We must carefully weigh the cost/benefit analysis of such legislation before we enact it. HB 4016 fails to provide a benefit which will outweigh the burden, particularly in the case where volunteers are included in the legislation.
This bill will create more problems for church or service groups trying to recruit and retain volunteers. Volunteers will have to weigh the good they can do in a volunteer capacity against the legal risks they run if they do not accurately assess possible signs of child abuse. It is not reasonable to additionally burden those who are already giving of their time and efforts without compensation.
Organizations would be responsible to train their volunteers -- even occasional volunteers -- on mandatory child abuse reporting requirements. This is in addition to the background checks these organizations already do on potential volunteers. The law is also so broadly written that it targets tiny organizations, like homeschool co-ops, and individual providers, like piano teachers, who may not have access to adequate training or resources to provide it. If a volunteer is not trained adequately and does not report when they should, the organization or provider may be liable in any number of unforeseen ways. The volunteer is subject to criminal and civil penalties.
On the other hand, volunteers are not professionals, which may contribute to insecurity about their ability to accurately assess a situation. This will undoubtedly result in an increase of unsubstantiated reports, thus increasing the workload on an already overwhelmed Department of Human Services This will draw away attention and resources from valid reports that need immediate intervention, potentially increasing the risk of harm to children in Oregon. It will certainly increase the likelihood of innocent families undergoing the trauma of needless child abuse investigations which already happen too frequently in Oregon.
Recent current events have raised awareness among the general public and organizations alike. A real solution is already in motion as large financial legal penalties are causing organizations to implement effective policies to prevent child sexual abuse. Individuals are alert to the reality of child abuse and continued efforts at community education should be taking advantage of this opportunity to speak to the public conscience. More legislation is not the solution.
However, HB 4016, however good intentioned, is overly burdensome and unreasonable in its response to what is admittedly a terrible problem. This bill will be unlikely to achieve its goals and will instead be fraught with unintended consequences. Good organizations will decide to cut beneficial programs because of the new costs and risks associated with this bill. Talented, caring volunteers will step aside from their efforts because of the additional burden of legal liability. Frivolous lawsuits will be filed and mistaken investigations will be made. Truly endangered children may be be ignored while those that should be helping them are investigating baseless reports. There are already 27 categories of professional occupations required to report child abuse. In addition, under current law, a volunteer is always able to report evidence of child abuse. Laws regarding child abuse should be targeted toward punishing the perpetrators, not folks who are in good faith volunteering their time to help children.
Please read the bill. Understand the threat it poses to volunteerism and homeschool families in Oregon. Then contact your legislature and ask them to oppose House Bill 4016. Thank you.
Katie Thiel
Thank you, Katie, for your words of wisdom. For more information on HB 4016 you can visit OCEAN Network (While you're there, sign up for their email alerts!). Or you can read the bill on the Oregon legislation website HERE.
No comments:
Post a Comment