Flip-side News: The Problems that Remain in Delaware's Mandatory Reporting Law
Our opposers claim that we do not comply with Delaware's mandatory reporting laws on child abuse. But it occurred to me that they may not have reported in the case of Carmean White for the reason that they felt that the mother's intent to report it would be enough. We don't know what their discussions were behind closed doors because of the clergy/penitent confidentiality clause, but I think this is simply a case of the elders not being sure of their responsibilities in the matter. The following analysis of the law is not a justification or defense of the elders' lack of reporting, but is simply a close examination of the mandatory reporting law to highlight potential problems. There are some fundamental problems, gaping holes that do not, in fact, do the job for which they are intended. (Thought that is not to say that Delaware judges would not fairly recognize those deficiencies.) We could see problems in these matters appear in the future. (But not in regard to th...