What is a Mandated Reporter?
Those individuals who are mandated reporters risk civil and criminal liability for failure to report. Any person may make a report of child abuse or neglect to the agency that is authorized to receive such reports. In 18 states, any person who suspects child abuse is required to make a report. In the majority of states, however, mandated reporters are those individuals who suspect child abuse from an inter- action in their professional capacity. Physicians and other health care professionals are always included among the list of mandated reporters. Although the specific language may differ from state to state, a report must be made when the reporter has reasonable cause to know, suspect, or believe that a child has been abused or neglected.
What Happens After a Mandated Report is Made?
In most states, the Child Protection Agency is authorized to receive reports of suspected child abuse. Some states require that certain types of abuse, such as sexual abuse and severe physical abuse, are reported to both Child Protection and law enforcement. In most states, when the Child Protection Agency receives a report there is a system in place for information to be shared with law enforcement and the prosecutor’s office when appropriate. After a report is made, there is an initial screening procedure that determines whether the information meets the state’s statutory and agency definitions of maltreatment as well as the urgency of the investigation.
Are There Penalties for Failing to Make a Mandated Report?
To encourage reporting and eliminate perceived barriers to reporting, state statutes provide protection for reporters by conferring immunity from civil lawsuits, if a report is made in “good faith”. On the other hand, most states impose penalties for mandated reporters who knowingly or willfully fail to report suspected abuse. In general, failure to report is a misdemeanor. Information sharing is generally protected by statute such that medical providers who make a report are not only permitted to share relevant medical information but are also required to cooperate with the investigation.
Is a Mandated Report a Diagnosis of Child Abuse?
No. Reasonable suspicion to report abuse means that one has cause to believe a child may have been subject to maltreatment. After the report is made, proper investigative and protective authorities, along with child abuse medical experts, are often involved in evaluating the cause of concern further. One of the most significant changes in the field of Child Maltreatment over the past two decades has come about with the recognition that child abuse is not an issue that falls exclusively within the purview of the medical, social service, or legal fields. National, State, and local efforts to create integrated and collaborative models to address this complex issue have emerged. Concomitant with the development of collaborative programs was the emergence of Child Abuse Pediatrics as a certified sub-specialty. Paramount to the proper workup of a reported case of suspected abuse is developing a differential diagnosis as to possible causes and working carefully with protective and investigative authorities to provide an accurate final diagnosis.