"When it's somebody under age 14, it is a crime and it must be reported," Anderson said. "The health care provider has no discretion in the matter. It's up to the district attorney to decide."

Anderson said she contacted Portland officials after she learned that some employees of the health centers, which are operated by the city's Public Health Division, believed they could decide whether a child's sexual activity constituted criminal abuse.

In fact, if a child under age 14 was having consensual sex with someone of a similar age, health center employees weren't reporting it to the proper authorities, said City Attorney Gary Wood.

Anderson said doctors and other health care providers in private practice may falsely believe they have similar leeway, but they must follow the same laws.

"It's clear that it's going on all the time," Anderson said. "Either the law is going to be enforced or it needs to be changed. I don't think a law should be routinely violated."

Portland's six school-based health centers had no formal policy on reporting sexual activity involving students under age 14, said Douglas Gardner, director of Portland's Department of Health and Human Services.

Gardner said it's unclear whether any health center employee failed to report suspected cases to the state Department of Health and Human Services, but they did fail to report cases to Anderson's office.

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Filed under: * Culture-Watch • Education • Sexuality • Teens / Youth

1. libraryjim wrote: It’s the same with abortion clinics—they are bound by law to report underage pregnancies, but they refuse.  And no one does a thing about it. October 27, 9:57 am | [comment link]

2. drjoan wrote: So now a medical/health care person is interpreting legal situations.  The doctors don’t like it when legal folks want to practice medicine but when the shoe is on the other foot it is OK.  May God preserve us! October 27, 12:33 pm | [comment link]

3. John Wilkins wrote: Dr Joan, alas, this should NOT be a legal issue, but one for parents and doctors.  Like drugs.  I’d rather that parents take responsibility rather than the law. October 27, 3:02 pm | [comment link]

4. drjoan wrote: John W.- You’re right: Parents SHOULD take responsibility.  But where the Law says report, the doctors are ignoring it and doing their own thing.  Not ethical. October 27, 4:17 pm | [comment link]

5. Christopher Hathaway wrote: John, how in your mind are parents expected to do anything when they are shut out of the picture by the doctors? I wonder if a doctor raped his own daughter would you say that the law should not be involved? October 28, 6:43 am | [comment link]

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