# Situation: A 6-year-old is admitted to the pediatric ward with a fractured femur. The account given by his stepfather does not match the injury, and the physician suspects physical abuse. The child's mother is not a suspect. The nurse applies the Special Protection of Children Against Abuse, Exploitation and Discrimination Act (RA 7610). The stepfather tells the nurse that he will sue her if she reports him. Which statement BEST explains the nurse's legal position?

> source: MyMerci (mymerci.kr)  
> url: https://mymerci.kr/pages/nclex_q.php?qn_id=629657  
> language: ko  
> subject: Nursing Practice II — Maternal and Child Health Nursing

## 문제

Situation: A 6-year-old is admitted to the pediatric ward with a fractured femur. The account given by his stepfather does not match the injury, and the physician suspects physical abuse. The child's mother is not a suspect. The nurse applies the Special Protection of Children Against Abuse, Exploitation and Discrimination Act (RA 7610).

The stepfather tells the nurse that he will sue her if she reports him. Which statement BEST explains the nurse's legal position?

## 보기

1. She is protected once she proves she acted in good faith
2. She is protected if the attending physician co-signs it
3. She is protected because she reports in good faith **✔ 정답**
4. She is protected once abuse is later proven in court

**정답: 3**

## 해설

Under the rules on reporting child abuse, persons who report in good faith are free from civil or administrative liability, and good faith is presumed. The protection does not depend on abuse being proven or on anyone co-signing the report. It exists so that fear of a lawsuit does not stop a report that may keep a child safe.

## 심화 해설

A 6-year-old with a fractured femur and a history that does not match the injury raises a red flag for physical abuse. In this situation, the nurse is a mandated reporter under RA 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act). The stepfather’s threat to sue creates a legal dilemma, but the law anticipates this and provides a specific safeguard for reporters.

Legal protection for good-faith reporting

Under child abuse reporting laws, a reporter who acts in good faith is shielded from civil and administrative liability. This means the nurse does not need to wait for proof that abuse actually occurred, nor does she need a co-signature from the physician. The protection attaches at the moment the report is made, based on the reporter’s honest belief that abuse may have occurred.

Good faith is presumed under the law; the nurse does not have to prove it first. The burden is not on the reporter to demonstrate good faith before being protected. Instead, the law presumes good faith so that fear of retaliation does not prevent a report that could protect a child. This is why option 1 is incorrect: the nurse is protected *because* she reports in good faith, not *once she proves* she acted in good faith.

Watch out! The protection is not conditional on the outcome of a later court case. Even if abuse is never proven, the reporter who acted in good faith remains protected. Option 4 is therefore incorrect because it ties protection to a future legal finding.

Key point! The attending physician’s co-signature adds nothing to the nurse’s legal protection. The duty and the protection belong to each mandated reporter individually. Option 2 is incorrect because the law does not require a co-signer.

Why this matters in nursing practice

Mandatory reporting laws exist to prioritize child safety over confidentiality or fear of litigation. The legal framework recognizes that reporters are often working with incomplete information. A nurse who sees a suspicious injury must report promptly; waiting for certainty would put the child at continued risk.

In the context of RA 7610, the nurse’s legal position is strongest when she makes the report in good faith, based on a reasonable suspicion. The law does not require her to be right—only to be honest in her concern.

| Option | Why it is incorrect |
| --- | --- |
| 1. Protected once she proves good faith | Good faith is presumed; she does not need to prove it first |
| 2. Protected if physician co-signs | No co-signature requirement exists; each reporter is independently protected |
| 4. Protected once abuse is proven in court | Protection does not depend on a later legal outcome |

The correct answer is that the nurse is protected because she reports in good faith. The protection exists precisely so that a threat of a lawsuit does not silence a report that may keep a child safe. The stepfather’s threat does not change the nurse’s legal duty or her legal shield.

## 임상 시나리오

Good-Faith Reporting Under RA 7610Legal protection starts at the time of the report
A nurse who suspects child abuse is a mandated reporter under RA 7610. Protection from civil or administrative liability applies when the report is made in good faith.

Good faith is presumed. The nurse does not need to prove good faith first, obtain a physician co-signature, or wait for abuse to be proven in court.

CautionProtection is not conditional on a later court outcome. Even if abuse is never proven, a reporter who acted in good faith remains protected.

## 핵심 개념

- **RA 7610** — Special Protection of Children Against Abuse, Exploitation and Discrimination Act, the Philippine law that mandates reporting of suspected child abuse and protects good-faith reporters.
- **Good faith** — An honest belief that abuse may have occurred; under child abuse reporting laws, good faith is presumed and shields the reporter from civil or administrative liability.
- **Mandated reporter** — A professional, such as a nurse, who is legally required to report suspected child abuse or neglect.
- **Civil liability** — Legal responsibility for damages in a lawsuit, which a good-faith reporter is protected from under RA 7610.
- **Administrative liability** — Professional or employment-related penalties, from which a good-faith reporter is also protected under child abuse reporting rules.

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