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Penalty for Child Abuse, RPPL 8-32 2011

PALAU

AN ACT

To create a penalty for failing to report an incident of child abuse, and for other related purposes.

THE PEOPLE OF THE REPUBLIC OF PALAU REPRESENTED IN THE OLBIIL ERA KELULAU DO ENACT AS FOLLOWS:

Section 1. Legislative Findings.

The Olbiil Era Kelulau finds that currently the laws regarding Child abuse and sexual abuse are far too lenient and do not serve as an adequate deterrent to prevent these crimes. This has been highlighted by the recent and unfortunate spate of rapes and incidences of child abuse that have surfaced in our Republic and been reported in the newspapers. Moreover, the Olbiil Era Kelulau finds that despite the law requiring the reporting of abuse by Aresponsible officials@, too often the ultimate culprit who maintains their silence is, sadly, relatives who reside in the home with the child where the abuse is taking place.

The Olbiil Era Kelulau is outraged and dismayed at the repeated abuse of children and women that takes place in the Republic. Accordingly, the criminal code and domestic relations sections of the Palau National Code must be amended to create a new crime of the failure of Amandatory reporters@ to report child abuse. The term Amandatory reporters@ is to replace Aresponsible officials@ to provide for the inclusion of family members that reside in the home with the child where the abuse is taking place.

Section 2. Amendment. Title 21 of the Palau National Code is hereby amended to read as follows:

A' 602. Definitions.

. . .

(d) AMandatory Reporter@ means any physician, dentist, intern, health assistant, medex, nurse or practical nurse, any school teacher or other school official, any day care worker, any peace officer or law enforcement official, and any other person who may be authorized to provide for the care or well being of a child,

including any person who has parental, custodial, or other legal custody or visitation right to the child suspected of being abused.

(e) AShould have known@ means that a reasonable person would have believed that the child was suffering from child abuse.

(f) ASexual Abuse@ means any willful or negligent sexually related activity for the purpose of sexual gratification, pleasure, or profit by any person, with any minor under the age of eighteen (18) who is not the spouse of the perpetrator including, but not limited to: sexual intercourse, sodomy, masturbation, cunnilingus, fellatio, and fondling.

' 603. Reporting procedure.
(a) Every person defined as a mandatory reporter who is responsible for examining, attending, teaching, medically treating a child, or who has legal parental, custodial, or other legal visitation rights, and knows, or who should have known that such child has had a serious injury or injuries, inflicted upon him or her as a result of abuse, sexual abuse or neglect, shall report the matter within 48 hours to the Director of the Bureau of Public Safety, except when the report is to be made to a different person under subsection (c) or (d). It is the intent of the Olbiil Era Kelulau that the inclusion of the term Ashould have known@ is explicitly intended to encourage mandatory reporters to err on the side of reporting child abuse.

(b) If the report is not made in writing in the first instance, it shall be reduced to writing by the mandatory reporter within 48 hours thereof. The report shall contain; the name and address of the child and his or her parents or other persons responsible for his or her care, if known; the child=s age; the nature and extent of the child=s injuries; including any evidence of previous injuries; and any other information that the maker of the report believes might be helpful in establishing the cause of the injuries and the identity of the person or persons responsible for such abuse.
. . . .

' 603.5. Failure of a mandatory reporter to report; penalties.
(a) Any person defined in this section as a mandatory reporter who either knew or who should have known an incident of child abuse or neglect was taking place, who is required by Section 603 to report such abuse or neglect and fails to do so, shall be guilty of a misdemeanor punishable by not more than one year imprisonment, by a fine of one thousand dollars ($1,000), or by both that imprisonment and fine. If a mandatory reporter intentionally conceals an incident or his failure to report an incident known by the mandated reporter to be abuse or severe neglect under this section, the concealment or failure to report shall be a continuing offense until the offense is discovered.

(b) Any person defined as a mandatory reporter who resides in the same domicile or home as the child shall be, when abuse of a child is proven to have taken place in the home by the conviction of the abuser, presumed to have known or to should have known that such abuse was taking place and shall be guilty of a misdemeanor as specified in subsection (a) of this Section, unless the mandatory reporter can establish by a preponderance of the evidence that:

(1) the mandatory reporter was unaware of the abuse;

(2) the mandatory reporter was also subject to abuse; or

(3) the mandatory reporter was living with the child in a hostile environment where so much abuse, violence, or emotional trauma took place that a reasonable person would believe the mandatory reporter was intimidated into silence.

. . . .@

Section 3. Effective Date. This Act shall take effect upon its approval by the President of the Republic of Palau or upon its becoming law without such approval, except as otherwise provided by law; however, the application of this law shall not apply retroactively so as to violate any ex post facto principles embodied in Article IV, Section 6 of the Constitution of the Republic of Palau.

PASSED: September 25, 2011

Approved this 17th day of October , 2011.

/s/
His Excellency Johnson Toribiong
President, Republic of Palau