Could Penn State scandal happen in Montana?

With the national attention focused on charges that a former Penn State assistant football coach sexually abused children — sometimes on campus — a common question is: Why? Why has it taken nearly a decade before any action was taken, and what are the legal — and moral — requirements in Montana?

A grand jury indicted former Penn State coach Jerry Sandusky, including on testimony that a man reported to head coach Joe Paterno that he had witnessed abuse in 2002, but no action was taken.

In Montana, state law requires some to report any suspicion for child abuse, while all are allowed to report it. The state Department of Public Health and Human Services has a toll-free hotline dedicated to taking reports of child abuse.

Department spokesperson Jon Ebelt said DPHHS is in the midst of a media campaign to tell Montana residents how to — and the importance of — reporting suspected child abuse.

"Our media campaign directly reaches out to those who might fall under the moral obligation to report, which is everybody, " Ebelt said this morning. "The reason DPHHS launched the 'Raise Your Voice for Montana Kids' media campaign, that includes a radio (announcement) and child abuse prevention posters, is to urge people to raise their voice for children.

"One of the lines in the (announcement) is 'silence is not an option. ' We urge people to not wait another second, hour or day to call the child abuse hotline number. Stand up for a child today, " Ebelt added.

Helena CASA Director Bill Collins, who has been a child advocate since 1968, said this morning that the requirements of Montana law probably are adequate.

"It's just a question of whether people are following those requirements … the question is whether people are actually making those reports, " Collins said.

Under Montana law, people in a variety of professions, including employees of schools, law enforcement personnel, health professionals, mental health professionals and social workers are required to report suspicions of child abuse.

All others are allowed to make report of suspected abuse.

Collins said the number of people who report abuse they suspect has risen over the years, especially in sexual abuse.

The mandatory reporting and increased education about detecting potential abuse and reporting it, probably has helped in that area, he said.

Rebecca Farr, who took over as the director of CASA of Hill County in May, said the number of reports of suspected abuse in this area — physical, sexual and neglect — are increasing and she is actively recruiting and training new CASA volunteers.

While reports can be made in error — or even maliciously — Collins said teams of professionals investigate the reports to find if they are substantiated.

According to a DPHHS release, in 2010, 11,286 children in Montana were involved in 8,091 investigations conducted by Child and Family Services Division staff. Approximately 11.2 percent of investigations of child abuse and neglect in Montana — 909 reports in 2010 — result in substantiations.

Sarah Corbally, director of DPHHS' Child and Family Services Division, said her division is working on broadening the use of multiple disciplinary teams, which bring a variety of professionals together to work closely on cases.

"The teams give them the authority to discuss cases, so they all know the entire case and not just their piece, " Corbally said. "In the end, it allows for the best decisions to be made in relation to the child. "

Corbally said the most common way for people to report suspicions of abuse is through the DPHHS centralized intake, at (866) 820-KIDS, or (866) 820-5437.

The charges that Jerry Sandusky abused eight boys over 15 years have led to the firing of legendary 46-year head coach Joe Paterno, resignation of President Graham Spanier and charges of perjury and failure to report an incident of abuse to authorities against athletic director Tim Curley and vice president Gary Schultz.

Penn State assistant coach Mike McQueary, who has been placed on administrative leave, testified before a grand jury that he saw Sandusky sodomize a boy in a shower at Penn State in 2002, and reported the incident to Paterno. Paterno reported the allegation to Curly, but nothing more was done by the university.

Paterno is not implicated and prosecutors have said he is not being investigated.

Montana professionals required to report suspected abuse:

Mont. code annotated § 41-3-201

Professionals required to report include:

• Physicians, residents, interns, members of hospital staffs, nurses, osteopaths, chiropractors, podiatrists, medical examiners, coroners, dentists, optometrists or any other health professionals.

• School teachers, other school officials, employees who work during regular school hours, operators or employees of any registered or licensed daycare or substitute care facility, or any other operators or employees of child care facilities.

• Mental health professionals or social workers.

• Religious healers.

• Foster care, residential, or institutional workers.

• Members of clergy.

Reporting by other persons

MCA § 41-3-201

• Any other person who knows or has reasonable cause to suspect that a child is abused or neglected may report.

Privileged communications

MCA § 41-3-201

• A person listed as a mandated reporter may not refuse to make a report as required in this section on the grounds of a physician-patient or similar privilege.

• A member of the clergy or priest is not required to make a report under this section if the communication is required to be confidential by canon law, church doctrine, or established church practice.