Table of ContentsView AllTable of ContentsWho Is a Mandated Reporter?RequirementsFailure to ReportWhat Information Is Disclosed?What Other Things Might Be Reported?

Table of ContentsView All

View All

Table of Contents

Who Is a Mandated Reporter?

Requirements

Failure to Report

What Information Is Disclosed?

What Other Things Might Be Reported?

Mandated reporting refers to the legal obligation to report abuse. Mandated reporters are individuals or agencies that are legally required to make these reports. In the United States, mandated reporting laws vary significantly.

TheRape, Abuse, and Incest National Network(RAINN) allows you to look up mandated reporting laws for your state.

At a Glance

In addition, certain organizations and agencies are required to report suspected abuse, which can include:

You do not have to be a mandated reporter to report suspected abuse. Anyone can report suspected abuse, and in some states, non-mandated reporters can make these reports anonymously.

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Mandated Reporting Requirements

Mandated reporters may report suspectedchild abuse, elder abuse, or vulnerable adult abuse.

Abuse can include physical,sexual, oremotional abuse(though many states do not include emotional abuse under mandated reporting laws), neglect, and exposure to unsafe environments, such as drug use ordomestic violence.

Mandated reporters typically do not investigate suspected abuse; rather, their obligation is to report their suspicions. For example, if a child discloses that a parent hit them, the mandated reporter does not reach out to the parent to confirm the report but instead reports the allegation.

Mandated reporters are only required to disclose allegations to the department of human services. They are not required to tell the parent or guardian about the report, and often a mandated reporter will not share the allegation if the guardian might be the perpetrator. The information is kept private for safety reasons and to prevent further abuse in retaliation for making the report.

What Happens If a Mandated Reporter Doesn’t Report?

They must report even if they are uncertain about whether or not the allegation is true. Mandated reporters might also be subject to civil litigation for failing to protect a vulnerable individual.

In some states, there is no statute of limitations on failing to make a report. As such, victims of abuse can pursue charges against the mandated reporter no matter how long ago they disclosed the abuse.

Because mandated reporters are required to make these reports, they cannot be penalized for making a report in good faith. In addition, if someone who is not a mandated reporter makes a report that turns out to be unfounded, they cannot be penalized. This is because safety is important, and people must not be penalized for trying to keep vulnerable populations safe.

What Information Is Disclosed in the Report?

The mandated reporter can request a confirmation letter documenting that they made the report. The letter might include information about the outcome of the investigation.

Guardians can request information about the report; however, this might not include who made the report. Because a perpetrator might punish the victim for reporting abuse, information about who made the report is typically kept confidential.

How to Report Abuse

Check with your state Department of Health and Welfare or contact local law enforcement to learn where to report suspected abuse. The information included during mandated reporting will include:

Sometimes, information might not fall under mandated reporting, but an individual might still disclose it for safety or legal reasons.

Duty to Warn

Many therapists and other professionals will also report threats to harm self or others, known asduty to warnor duty to protect. In most states, this does not fall under mandated reporting. However, there is civil precedent indicating that a therapist can be held liable if a client discloses a plan to hurt themselves or someone else, and the therapist does not take steps to intervene.

This requirement is based on the legal case, Tarasoff vs Regents of the University of California,a 1976 case in which a client disclosed to his therapist that he intended to commit murder. The victim’s family successfully sued the therapist for failing to protect the victim after the client carried out his plan.

Duty to warn can include contacting the potential victim if the information is available. It can also include contacting law enforcement about a threat.

If someone discloses that they aresuicidaland have a plan or intent to end their life, the therapist might contact crisis or emergency services to ensure their safety.

Because duty to warn involves civil liability, it is separate from mandated reporting laws.

Court Orders

Professionals might be subject to a court order from a judge to disclose information. Refusing to comply with a court order is illegal, and defying a court order can lead to jail time. Judges might request information as part of criminal cases or child custody disputes. Court orders do not fall under mandated reporting laws.

What This Means For YouMandated reporting aims to ensure the safety of vulnerable populations and prevent abuse. Check your government website to learn more about your state’s mandated reporting laws. You can learn what circumstances require a report and which professionals and organizations are mandated reporters.

What This Means For You

Mandated reporting aims to ensure the safety of vulnerable populations and prevent abuse. Check your government website to learn more about your state’s mandated reporting laws. You can learn what circumstances require a report and which professionals and organizations are mandated reporters.

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3 SourcesVerywell Mind uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read oureditorial processto learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.Tufford L, Lee B, Bogo M, et al.Decision-making and relationship competence when reporting suspected physical abuse and child neglect: An objective structured clinical evaluation.Clin Soc Work J. 2021;49(2):256-270. doi:10.1007/s10615-020-00785-6Idaho Department of Health and Welfare.Reporting neglect, abuse, or abandonment.Tarasoff v. Regents of the University of California, 131 Cal. Rptr. 14 (Cal. 1976).

3 Sources

Verywell Mind uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read oureditorial processto learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.Tufford L, Lee B, Bogo M, et al.Decision-making and relationship competence when reporting suspected physical abuse and child neglect: An objective structured clinical evaluation.Clin Soc Work J. 2021;49(2):256-270. doi:10.1007/s10615-020-00785-6Idaho Department of Health and Welfare.Reporting neglect, abuse, or abandonment.Tarasoff v. Regents of the University of California, 131 Cal. Rptr. 14 (Cal. 1976).

Verywell Mind uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read oureditorial processto learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.

Tufford L, Lee B, Bogo M, et al.Decision-making and relationship competence when reporting suspected physical abuse and child neglect: An objective structured clinical evaluation.Clin Soc Work J. 2021;49(2):256-270. doi:10.1007/s10615-020-00785-6Idaho Department of Health and Welfare.Reporting neglect, abuse, or abandonment.Tarasoff v. Regents of the University of California, 131 Cal. Rptr. 14 (Cal. 1976).

Tufford L, Lee B, Bogo M, et al.Decision-making and relationship competence when reporting suspected physical abuse and child neglect: An objective structured clinical evaluation.Clin Soc Work J. 2021;49(2):256-270. doi:10.1007/s10615-020-00785-6

Idaho Department of Health and Welfare.Reporting neglect, abuse, or abandonment.

Tarasoff v. Regents of the University of California, 131 Cal. Rptr. 14 (Cal. 1976).

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