Mandatory Child Abuse Reporting in Public Service: Am I Required?
The views expressed are those of the author and do not necessarily reflect the views of ASPA as an organization.
By Joel Vallet
October 29, 2019
The decision to mandate suspected child abuse reporting for professional groups varies across states. Acknowledging this divergence, public servants should seek clarity when it comes to their reporting requirement. The information in this piece provides the public with a basic understanding about reporting suspected child abuse.
Required to report
Public administrators must comprehend whether their reporting is required as a mandated professional, a mandated member of the public or not required. For example, several states have a growing list of mandated reporters including the typical professions of law enforcement, social work and teaching, but then continually expand the requirement to specify any profession that interacts with children. Whereas with other states, the law only specifies a limited set of professionals, but the policy includes verbiage that requires all persons who suspect child abuse to report. Finally, a few states do not specifically enumerate any professional group but require all persons to report. There are few instances where one is not required to report, but this requirement may not come under the auspice of being a civil servant.
A public employee needs to understand who the reporting requirement covers, the associated liabilities when failing to report and any immunity provided to mandated reporters. Having this information clarifies the reporting responsibility, helping public officials to be aware of suspected abuse and their potential job obligation to report. Furthermore, understanding the reporting requirement may help determine who receives the report of suspected abuse.
Who receives the report
Just as the required reporting entity differs across state lines, the who to report to also varies. While national reporting hotlines and websites exist, each state has a specific reporting process which typically includes a toll-free number and website. In many cases, mandatory reporters are expected to report directly to a state child protective service agency. Even with reporting hotlines in place, teachers and other public servants may consider taking the report through their chain of command. While discussing the situation with a supervisor may help extract necessary details, this, in many instances, is not enough to satisfy the reporting requirement. Public employees are best served by consulting with and reporting to a child protective agency. The Child Welfare Information Gateway sponsored by the United States Department of Health and Human Services provides a webpage with valuable information for individuals looking to better understand their reporting requirements in regards to whom and how to report the abuse.
What to include
Unlike the who of reporting, the what to report can be generalized in a more user-friendly way. First, be thorough when it comes to reporting. It simplifies the investigators’ job when accurate and reliable information is available. However, every detail is not required to file a report. Mandatory reporting laws are established to gather reports of suspicion. It is typically not the public employee’s responsibility to investigate every facet of the suspected abuse. Nevertheless, it is the mandatory reporter’s responsibility to provide complete information. Knowing how much information to report or if enough information is available to report is a valid concern for mandatory reporters. Ultimately, reporters should not look for excuses to avoid reporting, even if the evidence is deficient. To combat this fear, mandatory reporters should be aware of the common signs and symptoms of abuse.
Understanding the signs of abuse allows an individual to better describe the suspicion using terms familiar to the investigator. Mandated reporters should be aware of evidence of repeated physical symptoms such as bruising or burns, unusual behavior of the child with the caregiver or other children and any signs of emotional distress. Noting specific behaviors similar to those listed will allow the investigator to better understand what to look for in their report and demonstrates a valid suspicion. Please note that the above is nowhere near a comprehensive list of the symptoms associated with abuse but provides the reader with an idea of what to report.
Finally, provide the available demographics of the situation. Reporters will typically be asked to provide the child’s name, estimated age, gender, parents’ information and location of the suspected abuse. Having all of this is not required to report, but provides the investigators with more reliable information. Often this basic information can be overlooked, and yet, is instrumental in ensuring the child is protected.
Be aware and protect
Public service employees may not fully be aware of their mandatory reporting responsibilities, but this short article illuminates some of the basic requirements. Beyond the requirement to report, mandatory reporters also have certain rights to immunity as long as the report is provided in good faith. However, when mandatory reporters fail to report, there are potentially severe legal and civil consequences. Understanding these responsibilities will not only protect the public administrator, but also future generations.
Author: Joel Vallett is an Assistant Professor of Public Administration at Southern Utah University. He may be contacted at [email protected].
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Mandatory Child Abuse Reporting in Public Service: Am I Required?
The views expressed are those of the author and do not necessarily reflect the views of ASPA as an organization.
By Joel Vallet
October 29, 2019
The decision to mandate suspected child abuse reporting for professional groups varies across states. Acknowledging this divergence, public servants should seek clarity when it comes to their reporting requirement. The information in this piece provides the public with a basic understanding about reporting suspected child abuse.
Required to report
Public administrators must comprehend whether their reporting is required as a mandated professional, a mandated member of the public or not required. For example, several states have a growing list of mandated reporters including the typical professions of law enforcement, social work and teaching, but then continually expand the requirement to specify any profession that interacts with children. Whereas with other states, the law only specifies a limited set of professionals, but the policy includes verbiage that requires all persons who suspect child abuse to report. Finally, a few states do not specifically enumerate any professional group but require all persons to report. There are few instances where one is not required to report, but this requirement may not come under the auspice of being a civil servant.
A public employee needs to understand who the reporting requirement covers, the associated liabilities when failing to report and any immunity provided to mandated reporters. Having this information clarifies the reporting responsibility, helping public officials to be aware of suspected abuse and their potential job obligation to report. Furthermore, understanding the reporting requirement may help determine who receives the report of suspected abuse.
Who receives the report
Just as the required reporting entity differs across state lines, the who to report to also varies. While national reporting hotlines and websites exist, each state has a specific reporting process which typically includes a toll-free number and website. In many cases, mandatory reporters are expected to report directly to a state child protective service agency. Even with reporting hotlines in place, teachers and other public servants may consider taking the report through their chain of command. While discussing the situation with a supervisor may help extract necessary details, this, in many instances, is not enough to satisfy the reporting requirement. Public employees are best served by consulting with and reporting to a child protective agency. The Child Welfare Information Gateway sponsored by the United States Department of Health and Human Services provides a webpage with valuable information for individuals looking to better understand their reporting requirements in regards to whom and how to report the abuse.
What to include
Unlike the who of reporting, the what to report can be generalized in a more user-friendly way. First, be thorough when it comes to reporting. It simplifies the investigators’ job when accurate and reliable information is available. However, every detail is not required to file a report. Mandatory reporting laws are established to gather reports of suspicion. It is typically not the public employee’s responsibility to investigate every facet of the suspected abuse. Nevertheless, it is the mandatory reporter’s responsibility to provide complete information. Knowing how much information to report or if enough information is available to report is a valid concern for mandatory reporters. Ultimately, reporters should not look for excuses to avoid reporting, even if the evidence is deficient. To combat this fear, mandatory reporters should be aware of the common signs and symptoms of abuse.
Understanding the signs of abuse allows an individual to better describe the suspicion using terms familiar to the investigator. Mandated reporters should be aware of evidence of repeated physical symptoms such as bruising or burns, unusual behavior of the child with the caregiver or other children and any signs of emotional distress. Noting specific behaviors similar to those listed will allow the investigator to better understand what to look for in their report and demonstrates a valid suspicion. Please note that the above is nowhere near a comprehensive list of the symptoms associated with abuse but provides the reader with an idea of what to report.
Finally, provide the available demographics of the situation. Reporters will typically be asked to provide the child’s name, estimated age, gender, parents’ information and location of the suspected abuse. Having all of this is not required to report, but provides the investigators with more reliable information. Often this basic information can be overlooked, and yet, is instrumental in ensuring the child is protected.
Be aware and protect
Public service employees may not fully be aware of their mandatory reporting responsibilities, but this short article illuminates some of the basic requirements. Beyond the requirement to report, mandatory reporters also have certain rights to immunity as long as the report is provided in good faith. However, when mandatory reporters fail to report, there are potentially severe legal and civil consequences. Understanding these responsibilities will not only protect the public administrator, but also future generations.
Author: Joel Vallett is an Assistant Professor of Public Administration at Southern Utah University. He may be contacted at [email protected].
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