Question

An attorney works for a state-operated legal aid clinic, which under a state statute counts as a social service agency. The state has a mandatory reporting law for child abuse, which statutorily requires employees of social service agencies to report any instances of child abuse they discover among their clients or constituents. The attorney met with a prospective client and her child to discuss potential representation at a welfare termination hearing. The prospective client did not meet the agency's guidelines to be eligible for free legal representation, however, so the attorney had to decline the case. Nevertheless, it was evident during the interview that the prospective client's child was the subject of serious physical abuse - a black eye, cigarette burns on her arms and neck, bruises on the backs of her legs, and a demeanor of cowering in fear around adults. The attorney wanted to talk to the mother about it, but the attorney has been unable to reach her since declining to represent her. Must the attorney report the prospective client for child abuse?

Answer 1

Yes, the attorney must report the prospective client for child abuse as required by the state statute.

Step-by-step explanation:

Yes, the attorney must report the prospective client to the police for child abuse. According to the state statute, employees of social service agencies, including attorneys working for state-operated legal aid clinics, are legally required to report instances of child abuse that they discover among their clients. In this case, the attorney observed multiple signs of serious physical abuse on the prospective client's child, such as a black eye, cigarette burns, and bruises. These signs indicate that the child is at risk and in need of immediate protection.