Mandatory Reporting
mandated reporter (n.):
any adult professional* who works with children; legally responsible for reporting suspected or disclosed abuse. *In some states, all adults are considered mandated reporters.
Any adult professional who works with children is a mandated reporter. This means that you are legally responsible for reporting suspected or disclosed abuse.
Mandated reporter laws may be in place in your state that typically requires people who work with children in any capacity to alert the police or the appropriate authorities as to suspected abuse. Mandated reporters include teachers, healthcare personnel, mental health professionals, employees in youth serving organizations, law enforcement, and other professions as required by mandated reporter laws. In some states, all adults are considered mandated reporters. If a child is in immediate danger, always call 911.
In some states, even people who do not work with children directly are mandated reporters. This is how the Miramonte case was discovered in LA County; a photo developer noticed something was off in the pictures they developed.
What should I do if a child discloses abuse to me?
When a child discloses abuse, it is very important to listen without expressing disbelief, anger or suspicion. First, children need to know that the abuse is not their fault. Listen carefully and then ask only open-ended questions, such as “and then what happened?” If possible, determine what happened, maybe mention you just need enough information to raise suspicion. Some people may interpret this as “get every detail”, where a young child will probably not be able to tell you when and by whom.
Do not ask leading questions. Do not try to conclude information, even if you are sure you know the answers. This can re-traumatize the child and contaminate the investigation. Do not attempt to investigate further or probe for details. You do not need to be sure it happened. Do not look for physical signs but ask if they exist and note what the child said in their words. Promptly report to law enforcement agencies, child protection services, or both. Do not make false promises to the child such as maintaining the confidentiality of your report. Trained professionals need to collect facts and details, and this could include talking with the child.
Who is required to report?
All states designate certain professionals as mandated reporters, and some states require all citizens to report child abuse. A mandated reporter is required by law to report abuse if there is reasonable suspicion. Reasonable suspicion may be different for different people based on their education, training, and experience. Check mandatory reporting laws in your state to determine if your profession is included in those required to report. Regardless of the specific mandated reporter laws, all adults should report suspected abuse to protect children.
Most states require that the person who has reasonable suspicion be the one to make the report. DO NOT delegate this to someone else, even your supervisor. In addition, no supervisor may impede you from reporting. If they do, they can face penalties.
What information do I need to make a report?
At a minimum, you will need to provide:
- the child’s name
- address
- age of the child
- the name or names of parents or guardians
- the type of abuse
- the name of the person committing the abuse and any relationship with the child
Include any other details that are useful, but if the child does not volunteer this information do not continue to question. The minimum amount of information needed is the child’s name and where they can be found. Law enforcement agencies or child protective services will carry out the investigation, and you can add details to the report if they become available later. You might be able to track the report through child protective services to follow the status of the investigation.
When should I make a report?
Most state laws indicate that a report must be filed when there is reasonable suspicion that a child has been abused, is being abused, or is at risk of being abused. A Mandated reporter must be filed as soon as the suspicion is triggered. This means as soon as you have reason to believe that there is a case of abuse or if the child discloses to you. You do not need proof or knowledge; reasonable suspicion is enough to trigger your individual duty to report. Some state laws indicate “reasonable suspicion” as a requirement to make the report. Again, this means that you so not have to have proof, only reasonable suspicion of abuse. Do not wait for more evidence or information to make the report.
How do I report sexual abuse in my state?
State laws vary as to who should receive a report of child sexual abuse; sometimes it is a phone call to Child Protection Services or the Department of Family and Child Services in your county, or it may be law enforcement or a mandated reporter hotline. The laws of your state may also specify a timeframe that a mandated reporter must report within; it is usually immediately after having reason to believe that a child is being abused or no more than 24 to 48 hours following. Some states may require a written report be submitted as a follow-up to a report made by telephone.
What if I'm not sure I have enough information to make a report?
It is better to act in good faith and the best interest of the child. The agency to which you submit the report will help determine whether there is sufficient information to proceed. If there is none, the report will remain in the archives, and you will have met your legal duty. If you receive additional information, you can call and add that information to the report.
Should I inform the child's parents?
It is better not to contact parents before making a report. Doing so could result in retaliation to the child, destruction of evidence, or the temporary removal of the alleged abuser from the home. Under certain conditions you may need to maintain open communication with the parents. When this happens, never accuse the parents of having done something wrong and explain that you are legally obligated to make a report.
Am I at legal risk if I make a report and it is not substantiated?
No. Those who make a report in good faith are protected from legal risks.
Do I need to give my name to make a report?
You do not need to give your name unless you are a professional required to report by the laws of your state; however, in all cases the contact information of persons required to report is confidential and protected by law. Although they allow anonymous reports, it is helpful to give your name if more information is needed.
What are the penalties for failing to make a report?
A mandated reporter who fails to make a report is committing a crime. Penalties vary by state. Your state laws define the type of crime and jail time and / or any fine imposed.
Take our Recognizing and Reporting Child Abuse and Neglect training to learn about your mandated reporter legal obligations as defined by your state, explore some mandated reporter scenarios, and earn your certificate.
What if I'm not sure? Where do I go?
Child Advocacy Centers (CAC)
CACs coordinate all the professionals (legal and social services) involved in a case. If you’re unsure about whether to make an official report or just need support, contact a child advocacy center. They will help you evaluate your suspicions. To find one near you, contact National Children’s Alliance at www.nca-online.org or 1-800-239-9950.
Child Abuse Helplines
Helplines have staff specifically trained operators to deal with questions about suspected child sexual abuse. Call the National Sexual Assault Hotline, 1-800-656-HOPE (4673) to be routed to resources in your own community, or call the ChildHelp USA National Child Abuse Hotline, 1-800-4-A-CHILD (800-422-4453)
