Mandated Reporters
A mandated reporter is anyone that works with children in any capacity. Mandated reporters are required to report all forms of suspected child abuse and neglect. They are required to make an immediate verbal report (within 24 hours) when suspecting child abuse and neglect and a subsequent written report. The report has to be made to the local state department that investigates child abuse and neglect.
There are civil and criminal penalties if a mandated reporter does not make a report. Likewise, there is immunity from civil and criminal penalties for anyone making a report in good faith. Good faith means that you are making the report because you believe a child is actually being abused or neglected and not because of any other reasons. As a mandated reporter, you are not expected to investigate the situation.
Reporting Obligations
Mandated reporters should notify the head of their organization when making a report. If that is part of their reporting policies. However, reporting the suspected allegations of child abuse or neglect to the head of the organization does not fulfill the reporting requirement. Mandated reporters cannot be dismissed or otherwise penalized for making a report required by the Child Protection Law or for cooperating during the investigation.
What am I reporting?
Suspicions (You don’t have to have all the evidence ahead of time.)
Your observations
Comments made by the parents or children
When and if a child discloses information related to child abuse or neglect try to avoid showing any signs of shock or disapproval. If there is a need to ask a question for clarity make sure that it is an “open-ended” question, such as “How did you get that bruise?”, instead of “Who did that to you?” You do not want to ask leading questions.
Determining when to report situations of suspected child abuse or neglect can be difficult.
- “I don’t really have all the facts.”
- “These are really nice people. They would never do anything to hurt their child.”
- “They’ll know it was ME that reported them!”
- “I’m going to get fired for this.”
Mandated Reporter should not:
Contact the parents for any reason
Interview the children
Withhold information during an investigation
Discuss the situation with co-workers or individuals
Confidentiality
Strict state and federal confidentiality laws govern social services investigations. By law the identity of a reporting person is confidential. The alleged perpetrator may infer from the information in the report and make the assumption as to who made the complaint and confront them. This being said recognize that social services will not disclose the identity of a reporting person. However, the identity of the reporting person is subject to disclosure under the following conditions: consent from the reporting person or through the judicial process (a court order).
We must make every effort to keep children safe.