Oppose

HB 787 / SB 568

Crimes - Child Abuse and Neglect - Failure to Report

April 2019

Written testimony respectfully submitted by

Jennifer Alvaro
Licensed Certified Social Worker – Clinical, MD
Licensed Clinical Social Worker, VA
Certified Sex Offender Treatment Provider, VA
Clinical Member, ATSA

For the past several years, I have been advocating for Maryland to fulfill its duty to protect our
children, the most vulnerable among us. Having lived in Maryland my entire life, having been a social
worker for 25 years, I was deeply disturbed to discover Maryland is one of only two states in the
nation without a criminal penalty for failure to report.
While always hoping professionals will act morally, ethically and legally, it has been a rude awakening
to have learned this is not the case many times for those to whom we entrust our children. As a
resident of Montgomery County, what I have learned in the past seven years is for decades many
mandated reporters in the Montgomery County Public School system and other systems across the
state have violated the law by failing to report their suspicions of child abuse. This is not a baseless
accusation or unfounded speculation. I say this because advocates and news media have documented
proof via court testimony, MPIA requests, interviews and admissions in public meetings. Admissions
made by mandated reporters they knowingly chose not to report suspicions of severe cases of abuse to
authorities. Their choice not to follow the law by reporting led to the abuse of more children.
Time after time we see systems protecting themselves instead of children because in Maryland
mandated reporters have no fear of being held accountable for breaking the law. That is why, as a
mandated reporter myself, I have advocated strongly for adding criminal penalties for the egregious
cases of failure to report we have seen far too often in our youth serving organizations in Maryland.
Heartbreakingly, I am submitting this testimony to OPPOSE this bill. This bill, though
desperately needed, is dangerous as currently written, this bill will not only fail to right a wrong, it will
make things worse for children in Maryland.
This bill’s use of actual knowledge as well as not including mandated reports of victims after they turn
18, will set safety for our children back, instead of moving it forward. This bill (contrary to
proponents’ statements) would not in fact give justice to the children victimized by Lawrence Joynes,
Jose Pineda, John Vigna, Mark Yantos or Daniel Picca. All MCPS teachers, all left in the classroom by
MCPS officials who knew for a fact they were dangerous and had them on written “restrictions” to
stop touching children.
For those reasons, I am dismayed be forced to oppose this bill and urge you to issue an
unfavorable report.