Mandated reporter
Encyclopedia
In many U.S. state
s and Australia
, mandated reporters are professional
s who, in the ordinary course of their work and because they have regular contact with children, disabled persons, senior citizen
s, or other identified vulnerable populations, are required to report (or cause a report to be made) whenever financial, physical
, sexual
or other types of abuse
has been observed or is suspected, or when there is evidence of neglect
, knowledge of an incident, or an imminent risk of serious harm. For example, in South Australia
, a school teacher must report a child attending school seeming malnourished or presenting with bruising, complaining of neglect or otherwise demonstrating neglect
or abuse at home, to child welfare
authorities.
These professionals can be held liable by both the civil and criminal legal systems for intentionally failing to make a report but their name can also be said unidentified. Mandated reporters also include persons who have assumed full or intermittent responsibility for the care or custody of a child, dependent adult, or elder
, whether or not they are compensated for their services. RAINN
maintains a database of mandatory reporting regulations regarding children and the elderly by state, including who is required to report, standards of knowledge, definitions of a victim, to whom the report must be made, information required in the report, and regulations regarding timing and other procedures.http://www.rainn.org/public-policy/legal-resources/mandatory-reporting-database/
occurs where a victim has suffered physical injury inflicted other than by accidental means, has injuries, or is in a condition resulting from mistreatment, such as malnutrition
, sexual molestation
or exploitation
, deprivation of necessities, emotional abuse or cruelty
.
Neglect
may be defined as abandonment
, denial of proper care and attention physically, emotionally, or morally, or living under conditions, circumstances or associations injurious to well-being.
Typically, minimum requirements for what must be reported include:
An institution may suspend employee(s) during an investigation, or, at the conclusion of an investigation, may impose penalties in addition to any separate penalties resulting from civil litigation or criminal prosecution. Employers may not discharge, discriminate or retaliate against an employee for making a good faith
report or for testifying at an abuse or neglect proceeding.
to protect their privacy
. A mandated reporter who knowingly makes a false report will ordinarily have their identity disclosed to the appropriate law enforcement agency, and their identity may be disclosed to the alleged perpetrator of the reported abuse or neglect.
A mandated reporter may be subject to penalties, though immunity from civil or criminal liability is granted to reporters who report in good faith. Immunity is also granted to reporters who, in good faith, have not reported. However, failure to report suspected abuse or neglect could result in fines or other sanctions, such as participation in a training program. Failure to act may result in even stiffer penalties, such as civil litigation or criminal prosecution with the prospect of potential imprisonment.
s are common. It has been argued that the category of "mandatory reporters" should be expanded to members of the clergy
; however in some more traditional denominations the conflict this creates with the "confessional" makes this unworkable.
When a report is made at a caregiving facility, the person in charge of a hospital
, school
or other institution is generally required to notify family members, or other caregiver(s) responsible for the (possible) victim, that a report has been made. Healthcare professionals or members of the clergy, however, often must to talk with family members or guardians to offer support and guidance, or to assess the cause of an injury. In cases of serious physical abuse or sexual abuse, it may be unwise to advise caregivers before a case is reported, as it may put a victim at greater risk and/or interfere with a criminal investigation.
Agencies must coordinate activities to minimize impacts upon the (possible) victim. Consent to interview(s) of the (possible) victim often must be obtained from caregivers, family members or guardians, unless there is reason to believe such person is the alleged perpetrator. In cases where serious abuse or neglect is substantiated, local law enforcement, prosecutors or other public offices must be notified, and a copy of the investigation report must be sent.
In other states, mandated reporting requirements generally apply to staff members of a public or private institution or caregiving facility, as well as to a variety of public safety
employees and medical professionals, or a public or private school
responsible for the safety and well being of vulnerable persons. These generally include, but are not limited to the following:
Training is available through a variety of sources. Many local child protective service organizations conduct classroom training. Training is also available through video and web-based courses. (For training providers see links below)
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
s and Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, mandated reporters are professional
Professional
A professional is a person who is paid to undertake a specialised set of tasks and to complete them for a fee. The traditional professions were doctors, lawyers, clergymen, and commissioned military officers. Today, the term is applied to estate agents, surveyors , environmental scientists,...
s who, in the ordinary course of their work and because they have regular contact with children, disabled persons, senior citizen
Senior citizen
Senior citizen is a common polite designation for an elderly person in both UK and US English, and it implies or means that the person is retired. This in turn implies or in fact means that the person is over the retirement age, which varies according to country. Synonyms include pensioner in UK...
s, or other identified vulnerable populations, are required to report (or cause a report to be made) whenever financial, physical
Physical abuse
Physical abuse is abuse involving contact intended to cause feelings of intimidation, injury, or other physical suffering or bodily harm.-Forms of physical abuse:*Striking*Punching*Belting*Pushing, pulling*Slapping*Whipping*Striking with an object...
, sexual
Sexual abuse
Sexual abuse, also referred to as molestation, is the forcing of undesired sexual behavior by one person upon another. When that force is immediate, of short duration, or infrequent, it is called sexual assault. The offender is referred to as a sexual abuser or molester...
or other types of abuse
Abuse
Abuse is the improper usage or treatment for a bad purpose, often to unfairly or improperly gain benefit. Abuse can come in many forms, such as: physical or verbal maltreatment, injury, sexual assault, violation, rape, unjust practices; wrongful practice or custom; offense; crime, or otherwise...
has been observed or is suspected, or when there is evidence of neglect
Neglect
Neglect is a passive form of abuse in which a perpetrator is responsible to provide care for a victim who is unable to care for himself or herself, but fails to provide adequate care....
, knowledge of an incident, or an imminent risk of serious harm. For example, in South Australia
South Australia
South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...
, a school teacher must report a child attending school seeming malnourished or presenting with bruising, complaining of neglect or otherwise demonstrating neglect
Neglect
Neglect is a passive form of abuse in which a perpetrator is responsible to provide care for a victim who is unable to care for himself or herself, but fails to provide adequate care....
or abuse at home, to child welfare
Child welfare
Child protection is used to describe a set of usually government-run services designed to protect children and young people who are underage and to encourage family stability...
authorities.
These professionals can be held liable by both the civil and criminal legal systems for intentionally failing to make a report but their name can also be said unidentified. Mandated reporters also include persons who have assumed full or intermittent responsibility for the care or custody of a child, dependent adult, or elder
Senior citizen
Senior citizen is a common polite designation for an elderly person in both UK and US English, and it implies or means that the person is retired. This in turn implies or in fact means that the person is over the retirement age, which varies according to country. Synonyms include pensioner in UK...
, whether or not they are compensated for their services. RAINN
RAINN
The Rape, Abuse & Incest National Network is an American anti-sexual assault organization, the largest in the United States. RAINN operates the National Sexual Assault Hotline and carries out programs to prevent sexual assault, help victims, and to ensure that rapists are brought to justice.RAINN...
maintains a database of mandatory reporting regulations regarding children and the elderly by state, including who is required to report, standards of knowledge, definitions of a victim, to whom the report must be made, information required in the report, and regulations regarding timing and other procedures.http://www.rainn.org/public-policy/legal-resources/mandatory-reporting-database/
Abuse, or suspicion of abuse, that must be reported
AbuseAbuse
Abuse is the improper usage or treatment for a bad purpose, often to unfairly or improperly gain benefit. Abuse can come in many forms, such as: physical or verbal maltreatment, injury, sexual assault, violation, rape, unjust practices; wrongful practice or custom; offense; crime, or otherwise...
occurs where a victim has suffered physical injury inflicted other than by accidental means, has injuries, or is in a condition resulting from mistreatment, such as malnutrition
Malnutrition
Malnutrition is the condition that results from taking an unbalanced diet in which certain nutrients are lacking, in excess , or in the wrong proportions....
, sexual molestation
Child sexual abuse
Child sexual abuse is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation. Forms of child sexual abuse include asking or pressuring a child to engage in sexual activities , indecent exposure with intent to gratify their own sexual desires or to...
or exploitation
Exploitation
This article discusses the term exploitation in the meaning of using something in an unjust or cruel manner.- As unjust benefit :In political economy, economics, and sociology, exploitation involves a persistent social relationship in which certain persons are being mistreated or unfairly used for...
, deprivation of necessities, emotional abuse or cruelty
Cruelty
Cruelty can be described as indifference to suffering, and even positive pleasure in inflicting it. If this is supported by a legal or social framework, then receives the name of perversion. Sadism can also be related to this form of action or concept....
.
Neglect
Neglect
Neglect is a passive form of abuse in which a perpetrator is responsible to provide care for a victim who is unable to care for himself or herself, but fails to provide adequate care....
may be defined as abandonment
Abandonment
The term abandonment has a multitude of uses, legal and extra-legal. This "signpost article" provides a guide to the various legal and quasi-legal uses of the word and includes links to articles that deal with each of the distinct concepts at greater length...
, denial of proper care and attention physically, emotionally, or morally, or living under conditions, circumstances or associations injurious to well-being.
Typically, minimum requirements for what must be reported include:
- A description of how the reporter learned of the injuries or neglect and of any actions taken to assist
- Information on previous injuries, assaults, neglect or financial abuses
- The date, time, nature, and extent of the abuse or neglect
- The date of the report
- The perpetrator's name, address, and relationship to the (possible) victim
- The reporter's name, agency, position, address, telephone number, and signature
Abuse or neglect suspected at an institution or facility
Mandated reporters are required to file a report whenever there is reasonable cause to suspect or believe any resident of a care facility has been abused or neglected by a staff member of a public or private institution or facility that provides care. Whenever the results of an investigation leads to the conclusion that there is reasonable cause to believe that that there has been abuse or neglect perpetrated by staff, then the institution, school or facility must provide records concerning the investigation to the appropriate investigating agency and/or to the agency that licensed the facility.An institution may suspend employee(s) during an investigation, or, at the conclusion of an investigation, may impose penalties in addition to any separate penalties resulting from civil litigation or criminal prosecution. Employers may not discharge, discriminate or retaliate against an employee for making a good faith
Good faith
In philosophy, the concept of Good faith—Latin bona fides “good faith”, bona fide “in good faith”—denotes sincere, honest intention or belief, regardless of the outcome of an action; the opposed concepts are bad faith, mala fides and perfidy...
report or for testifying at an abuse or neglect proceeding.
Anonymity and immunity
Mandated reporters are usually required to give their name when they make a report, but may request anonymityAnonymity
Anonymity is derived from the Greek word ἀνωνυμία, anonymia, meaning "without a name" or "namelessness". In colloquial use, anonymity typically refers to the state of an individual's personal identity, or personally identifiable information, being publicly unknown.There are many reasons why a...
to protect their privacy
Privacy
Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively...
. A mandated reporter who knowingly makes a false report will ordinarily have their identity disclosed to the appropriate law enforcement agency, and their identity may be disclosed to the alleged perpetrator of the reported abuse or neglect.
A mandated reporter may be subject to penalties, though immunity from civil or criminal liability is granted to reporters who report in good faith. Immunity is also granted to reporters who, in good faith, have not reported. However, failure to report suspected abuse or neglect could result in fines or other sanctions, such as participation in a training program. Failure to act may result in even stiffer penalties, such as civil litigation or criminal prosecution with the prospect of potential imprisonment.
Conflicts
Conflicts between a mandated reporter's duties and privileged communication statuteStatute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
s are common. It has been argued that the category of "mandatory reporters" should be expanded to members of the clergy
Clergy
Clergy is the generic term used to describe the formal religious leadership within a given religion. A clergyman, churchman or cleric is a member of the clergy, especially one who is a priest, preacher, pastor, or other religious professional....
; however in some more traditional denominations the conflict this creates with the "confessional" makes this unworkable.
Informing family members and guardians
Mandated reporters typically are not obligated to inform parents, siblings or offspring that a report has been made. In many circumstances, however, it may be necessary and/or beneficial to do so.When a report is made at a caregiving facility, the person in charge of a hospital
Hospital
A hospital is a health care institution providing patient treatment by specialized staff and equipment. Hospitals often, but not always, provide for inpatient care or longer-term patient stays....
, school
School
A school is an institution designed for the teaching of students under the direction of teachers. Most countries have systems of formal education, which is commonly compulsory. In these systems, students progress through a series of schools...
or other institution is generally required to notify family members, or other caregiver(s) responsible for the (possible) victim, that a report has been made. Healthcare professionals or members of the clergy, however, often must to talk with family members or guardians to offer support and guidance, or to assess the cause of an injury. In cases of serious physical abuse or sexual abuse, it may be unwise to advise caregivers before a case is reported, as it may put a victim at greater risk and/or interfere with a criminal investigation.
Investigation of reports
Law enforcement or public health agencies are responsible for immediately evaluating and classifying all reports of suspected abuse, neglect, or imminent risk. When reports contain sufficient information to warrant an investigation, authorities must make efforts within a reasonable time frame to begin an effective investigation, often within hours, particularly when there is an imminent risk of physical harm or another emergency; investigations must also be completed within a reasonable or specified time frame. The investigation also must also include a determination of whether the report was actually warranted or if it was unfounded.Agencies must coordinate activities to minimize impacts upon the (possible) victim. Consent to interview(s) of the (possible) victim often must be obtained from caregivers, family members or guardians, unless there is reason to believe such person is the alleged perpetrator. In cases where serious abuse or neglect is substantiated, local law enforcement, prosecutors or other public offices must be notified, and a copy of the investigation report must be sent.
Professionals responsible for mandated reporting
In many US states, mandatory reporting requirements apply to all people in the state.In other states, mandated reporting requirements generally apply to staff members of a public or private institution or caregiving facility, as well as to a variety of public safety
Public Safety
Public safety involves the prevention of and protection from events that could endanger the safety of the general public from significant danger, injury/harm, or damage, such as crimes or disasters .-See also:* By nation...
employees and medical professionals, or a public or private school
Private school
Private schools, also known as independent schools or nonstate schools, are not administered by local, state or national governments; thus, they retain the right to select their students and are funded in whole or in part by charging their students' tuition, rather than relying on mandatory...
responsible for the safety and well being of vulnerable persons. These generally include, but are not limited to the following:
- Adult protective service employees
- Caregivers
- Child advocatesChild advocacyChild advocacy refers to a range of individuals, professionals and advocacy organizations who promote the optimal development of children. An individual or organization engaging in advocacy typically seeks to protect children's rights which may be abridged or abused in a number of areas.- Rights...
- Child protective service employees
- ChiropractorChiropractorA Chiropractor, according to the Association of Chiropractic Colleges , "focuses on the relationship between the body's main structures – the skeleton, the muscles and the nerves – and the patient's health. Chiropractors believe that health can be improved and preserved by making adjustments to...
s - ClergyClergyClergy is the generic term used to describe the formal religious leadership within a given religion. A clergyman, churchman or cleric is a member of the clergy, especially one who is a priest, preacher, pastor, or other religious professional....
- Summer CampSummer campSummer camp is a supervised program for children or teenagers conducted during the summer months in some countries. Children and adolescents who attend summer camp are known as campers....
Counselors - Commercial Film and Photographics Print Processors http://www.weblocator.com/attorney/ca/law/c17.html#cac172700
- DentistDentistA dentist, also known as a 'dental surgeon', is a doctor that specializes in the diagnosis, prevention, and treatment of diseases and conditions of the oral cavity. The dentist's supporting team aides in providing oral health services...
s and dental hygienistDental hygienistthumb|right|300px|Dental hygienist holding a scalerA dental hygienist is a licensed dental professional who specializes in preventive oral health, typically focusing on techniques in oral hygiene. Local dental regulations determine the scope of practice of dental hygienists...
s - Emergency medical service providers
- Marital and family therapists
- Mediators
- Medical examinerMedical examinerA medical examiner is a medically qualified government officer whose duty is to investigate deaths and injuries that occur under unusual or suspicious circumstances, to perform post-mortem examinations, and in some jurisdictions to initiate inquests....
s - Mental healthMental healthMental health describes either a level of cognitive or emotional well-being or an absence of a mental disorder. From perspectives of the discipline of positive psychology or holism mental health may include an individual's ability to enjoy life and procure a balance between life activities and...
professionals - Nurses
- OmbudsmenOmbudsmanAn ombudsman is a person who acts as a trusted intermediary between an organization and some internal or external constituency while representing not only but mostly the broad scope of constituent interests...
- Optometrists
- Parole officers
- Paralegal
- PharmacistPharmacistPharmacists are allied health professionals who practice in pharmacy, the field of health sciences focusing on safe and effective medication use...
s - Physical therapists
- Physician assistantPhysician assistantA physician assistant/associate ' is a healthcare professional trained and licensed to practice medicine with limited supervision by a physician.-General description:...
s - PhysicianPhysicianA physician is a health care provider who practices the profession of medicine, which is concerned with promoting, maintaining or restoring human health through the study, diagnosis, and treatment of disease, injury and other physical and mental impairments...
s - Podiatrists
- PolicePoliceThe police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
officers - Probation officerProbation officerParole officers and probation officers play a role in criminal justice systems by supervising offenders released from incarceration or sentenced to non-custodial sanctions such as community service...
s - PsychologistPsychologistPsychologist is a professional or academic title used by individuals who are either:* Clinical professionals who work with patients in a variety of therapeutic contexts .* Scientists conducting psychological research or teaching psychology in a college...
s - Public health service providers responsible for the licensing or monitoring of child day care centers, long term care and nursing facilities, group day careDay careChild care or day care is care of a child during the day by a person other than the child's legal guardians, typically performed by someone outside the child's immediate family...
homes, family day care homes, and youth camps - Professional counselors
- Resident medical interns
- School teacherTeacherA teacher or schoolteacher is a person who provides education for pupils and students . The role of teacher is often formal and ongoing, carried out at a school or other place of formal education. In many countries, a person who wishes to become a teacher must first obtain specified professional...
s, coachCoach (sport)In sports, a coach is an individual involved in the direction, instruction and training of the operations of a sports team or of individual sportspeople.-Staff:...
es, guidance counselors, paraprofessionals, and principals - Sexual assaultSexual assaultSexual assault is an assault of a sexual nature on another person, or any sexual act committed without consent. Although sexual assaults most frequently are by a man on a woman, it may involve any combination of two or more men, women and children....
and battered women’s counselors - Social workers
- Substance abuseSubstance abuseA substance-related disorder is an umbrella term used to describe several different conditions associated with several different substances .A substance related disorder is a condition in which an individual uses or abuses a...
rehabilitation counselors - Undergrad or Graduate Level Students in the Human Services, Counseling, or Social Work fields
Training
Training is typically offered wherever mandated reporting laws are enforced, entailing matters such as recognition of abuse and neglect, what must be reported, how to report it, anonymity, immunity and penalties.Training is available through a variety of sources. Many local child protective service organizations conduct classroom training. Training is also available through video and web-based courses. (For training providers see links below)
External links
- Childhelp - 'Childhelp exists to meet the physical, emotional, educational and spiritual needs of abused, neglected and at-risk children. We focus our efforts on advocacy, prevention, treatment and community outreach.'
- NYS OCFS New York State Mandated Reporter Summary Guide - 'Mandated Reporter Information - NYS OCFS Child Abuse Prevention Summary Guide for Mandated Reporters in New York State'
- New York State Mandated Reporter Training - 'To access no-cost State Ed approved training online 24/7 via NYS OCFS'
- LADCSS.org - 'APS (adult protective services) Mandated Reporters: The following information applies to Mandated Reporters, who are required by law to report elder/dependent adult abuse', Los Angeles County, CaliforniaLos Angeles County, CaliforniaLos Angeles County is a county in the U.S. state of California. As of 2010 U.S. Census, the county had a population of 9,818,605, making it the most populous county in the United States. Los Angeles County alone is more populous than 42 individual U.S. states...
Department of Community and Senior Services - Illinois Online Mandated Reporter Training - Click to register for the Illinois Department of Children and Family Services online Mandated Reporter Training
- Maine Mandated Reporter Training - Click to access online Mandated Reporter training in Maine
- Mandated Reporter video and online training resource - 'Recognizing and Reporting Child Abuse and Child Sexual Abuse'