Anyone having knowledge of, or a reasonable cause to suspect, that abuse of a child or youth has occurred, has a personal, ethical, and legal obligation to make a report. The definition of a “mandated reporter” for suspected child abuse can vary from state-to-state, with the applicability of who should report being defined more broadly in some states more than others. But remember, it is the responsibility of all individuals and community members — not just mandated reporters — to respond to the suspected maltreatment of any child or youth. No matter the state laws, learning the appropriate ways to respond to suspected abuse and becoming informed and involved are important steps toward protecting children. All Designated Individuals of Junior and Senior American Legion Baseball teams are required to immediately, but no longer than 24 hours (per federal guidelines), report cases of abuse or suspected abuse involving a child or youth. Any individual reporting suspicions or allegations is hereafter referred to as the Reporter
If a child or youth tells you about abuse:
• Remain calm and reassuring.
• Find a quiet place to talk.
• Believe in what you are being told.
• Don’t jump to conclusions.
• Reassure the child or youth they did the right thing by telling you.
• Reassure the child or youth that they will be protected and supported.
• Be discreet.
• Call 911 if medical treatment is necessary.
• Report the concern immediately to the proper law enforcement authorities. The law requires only that you have a reasonable suspicion that a child or youth is being abused.
• Do not discuss the concern or share information with anyone other than those having a “need to know.”
REPORTING
When anyone, including Designated Individuals of a Junior or Senior American Legion Baseball team, observes or are made aware of any inappropriate behavior(s) or behavior(s) inconsistent with those detailed in the “Protection Policies and Safeguards” section of this guide, they must immediately report, but no longer than federal guidelines allow, their suspicion(s)/allegation(s) to law enforcement and their respective American Legion department and/or Team Sponsor.
In ALL cases involving ANY reasonable suspicion that child abuse has occurred, a report must immediately, but no longer than 24 hours (per federal guidelines), be made to law enforcement authorities and notification to the youth participant’s parent(s) or guardian(s). This reporting responsibility may NOT be abdicated to another individual. The assumption should NOT be made that law enforcement authorities, parent(s)/guardian(s), etc., have already learned of a situation through other venues – report immediately, but no longer than 24 hours (per federal guidelines), upon becoming aware of suspected child abuse.
2021 AMERICAN LEGION BASEBALL RISK MANAGEMENT GUIDEBOOK 14
It is strongly urged and recommended that respective American Legion departments and/or Team Sponsors implement use of the written report form found in Appendix B entitled “REPORTING FORM”, and after having immediately contacted law enforcement authorities and parent(s)/guardian(s) in cases involving child abuse or suspected child abuse, the Reporter then offer a copy of this completed form to law enforcement authorities, and provide a copy to the respective American Legion department baseball chairman and/or Team Sponsor, if considered necessary. All information regarding alleged child abuse must be maintained under strict confidentiality and communicated only to those having a “need-to-know.”
In the event of a report, the department baseball chairman is responsible to notify the appropriate parties at The American Legion’s National Headquarters to the attention of the Americanism Division. The American Legion’s Americanism Division will then meet their obligation by notifying the U. S. Center for Safesport and USA Baseball of the minor athlete abuse report.
A person will not be held liable if they make a report in good faith, including situations where the reported incident is determined not to be child abuse. The Safe Sport Act provides a limitation of liability provision that protects the sports organization and any office, employee, agent, or member/ volunteer who reports suspicions of abuse. They are protected against civil actions for defamation, slander and libel arising from the execution of the functions under the Act. In addition, the Act prohibits retaliation by the amateur sports organization against the reporting individual.
An individual who is required, but fails to report suspected child abuse, is subject to criminal and civil penalties.