STATE'S ATTORNEY OFFICE of the STATE'S ATTORNEY for BALTIMORE CITY
Marilyn J. Mosby 120 Bast Baltimore Street | Baltimore, Maryland 21202
January 23, 2018
Senator Bobby Zirkin
Chair, Judicial Proceedings Committee
2 East
Miller Senate Office Building
Annapolis, MD 21401
32.
Re: Support for SB3f4- Child Abuse and Neglect- Failure to Report
Dear Chairman Zirkin and Committee Members:
As the State’s Attomey for Baltimore City, I support SB132 which makes it a misdemeanor rime for
mandatory reporters to knowingly fail to provide a required notice or make a required report of suspected child
abuse or neglect if the worker (1) has actual knowledge of the abuse or neglect or (2) witnesses the act of the
abuse orneglect. The crime is punishable by up to 6 months in jail or a fine of up to $1,000 or both.
In the United States, a report of child abuse is made every ten seconds. Annually, 3.6 million referrals are made
to state child protection agencies involving more than 6.6 million children. The United States has one of the
worst records among industrialized nations for child abuse leading to death, In the US, we lose, on average,
between four and five children each day to child abuse and neglect. In 2014, an estimated 1,580 children in the
US died as a result of abuse and neglect according to the Children’s Bureau, a part of the Administration for
Children and Families. Most troubling is that 70 percent of the children who die as a result of child abuse and
neglect are two years of age or younger and more than 80 percent are under the age of five according to the
‘Annie E, Casey Foundation’s annual ‘Kids Count’ study.
As prosecutors, we are limited in what we can do to protect these children unless the abuse or neglect is
reported. Once abuse or neglect is reported, we work closely with the Department of Social Services, the
Baltimore Child Abuse Center and other service providers to investigate and prosecute the perpetustors to the
fullest extent of the law. Unfortunately, many of these children, especially those under the age of five, are not
able to speak for themselves. They rely on their caregivers, educators, social workers and other professionals to
identify and report suspected abuse and neglect. It is imperative that we hold these professionals accountable
when they fail to protect our children.
‘While I support SB132, I suggest amending the-“actual knowledge” standard to “knowledge.”.To prove a crime
‘occurred under the current language, the listed professionals must have “actual knowledge” of the abuse or
neglect. It is nearly impossible from a legal perspective to prove that an individual had “actual knowledge” of
abuse, especially if the mandatory reporter contends that they did not see the abuse occur and did not believe the
child's disclosure,
‘Thank you for your consideration.
ee pne
Marilyn J. Mosby, Esq.
State’s Attorney for Baltimore City