On February 14, 2017, the President of the United States signed into law the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 (the "SafeSport Act"). Among other things, this comprehensive law amends the Victims of Child Abuse Act of 1990, 34 U.S.C. ยง 20341, et seq.
New Jersey is a mandatory reporting State. This means that any person with reasonable cause to believe that a child has been abused or neglected must report those concerns immediately.
Under the SafeSport Act, the reporting obligation is triggered when a mandatory reporter becomes aware of information that give reason to suspect a child has suffered an incident of child abuse. Child abuse includes physical or mental injury, sexual abuse or exploitation, or negligent treatment of a child. Sexual Abuse is defined to include the employment, use, persuasion, inducement, enticement, or coercion of a child to engage in, or assist another person to engage in, sexually explicit conduct or the rape, molestation, prostitution, or other form of sexual exploitation of children or incest with children. Mental Injury means harm to a child's psychological or intellectual functioning which may be exhibited by severe anxiety, depression, withdrawal or outward aggressive behavior, or a combination of those behaviors, which may be demonstrated by a change in behavior, emotional response or cognition.
In the event that the reporting obligation is triggered, a report must be made, within 24 hours, to appropriate law enforcement authorities, as governed by applicable federal and state law. In addition to the obligation to report cases of suspected child abuse to law enforcement pursuant to the SafeSport Act, Covered Adults must also make a report to the NJYS State Office. Should the mandatory reporter require assistance making a report to the appropriate law enforcement authority, he or she should consult with the NJYS State Office.
I. MECHANISM FOR REPORTING
The list below outlines the appropriate contacts for reporting when physical, emotional or sexual abuse is suspected. The report should include whateer information may be helpful, such as alleged perpetrator, the names and addresse of the child and his/her parent or other guardian or caretaker, the child's age and nature of the extent of the injury, abuse or mistreatment if known. The person receiving the disclosure of abuse, neglect or mistreatment is required to make a report to using the following guidelines:
- Local Law Enforcement Number: May be posted on club website and given to athletes and parents.
- Division of Child Protection & Permanency (formerly Division of Youth & Family Services): Report if suspicious activity is applicable, 1-877-NJ-ABUSE may be on club website and given to athletes and parents
AFTER receiving guidance and direction from law enforcement and/or the Division of Child Protection & Permanency, consideration should be given to reporting incidents as follows:
- Club Risk Manager Contact Information (every club should have a point person for reporting)
- State Risk Manager: Evan Dabby, evan@njyouthsoccer.com, 609.336.2023
- National Governing Body (NGB)
US Soccer Integrity Hotline Number: (312) 528- 7004
US Soccer: https://www.ussoccer.com/integrity-hotline
US Center for SafeSport: https://www.safesport.org/report-a-concern
For details on Mandatory Reporting Requirements: Children New Jersey click here.
A report to law enforcement may be made anonymously. There is no fee or cost associated with making a report.
NJYS does not tolerate retaliation of any kind. No individual who makes such a good faith report will be subject to retaliation, including harassment, as a result of making a report. The SafeSport Act also includes qualified immunity for good faith reports. NJYS urges all mandatory reporters to refrain from judging or evaluating the credibility of such allegations- leave that to law enforcement.
The obligation to report is not always satisfied by making an initial report. A Covered Adult is required to report supplemental information of which he or she becomes aware that may be relevant to a pending investigation.
Importantly, civil or criminal statutes of limitations do not affect or negate the obligation of a Covered Adult to report possible sexual misconduct. Misconduct should be reported, regardless of when it occurred. Failure to promptly report suspected child abuse to law enforcement authorities may constitute a violation of federal law and, in any event, will be deemed a violation of NJYS's Athlete and Participant Safety Program and this Mandatory Reporting Policy.
Without limiting the foregoing, it is also NJYS's Mandatory Reporting Policy that Covered Adults must report any suspected violation of the NJYS Athlete and Participant Safety Program to the NJYS State Office. A report can be made to [email protected]. Furthermore, NJYS prohibits retaliation against individuals making good faith reports of any suspected violation of the NJYS Athlete and Participant Safety Program.
Violations of NJYS's Athlete and Participant Safety Program will be handled as described by this program's Policy on Monitoring and Enforcement.