Are You a Mandatory Reporter?

Mandated reporters have the legal obligation to report cases of suspected child abuse or neglect. Whether you are a healthcare worker, a teacher, or other professionals working with children, it is important to understand your reporting duties.

This article explains what is required of mandatory reporters and who is typically a mandatory reporter under state law. It also answers some frequently asked questions (FAQ) related to mandatory reporting.

What Is a Mandated Reporter?

A mandatory reporter is a person required by law to report suspected child abuse. This can cover a variety of concerns, including:

• Physical abuse
• Sexual abuse
• Domestic violence
• Neglect

Most mandatory reporters are people who work with children, like teachers or childcare workers. 

For many years, child abuse was underreported in the United States. In response, Congress passed the Child Abuse Prevention and Treatment Act (CAPTA) in 1974. CAPTA provides federal funding to states to help support the investigation and prevention of child abuse. It also requires states to have mandatory reporting laws.

So, state governments impose these requirements to protect child welfare and help ensure suspected child abuse is investigated. Those who fail to report or falsely report child abuse and neglect can face fines and other penalties.

Who are Mandatory Reporters?

A mandatory reporter of child abuse and neglect must report any knowledge or suspicion of child abuse. They are typically people whose jobs involve frequent encounters with children. Teachers, childcare workers, or pediatricians are typically mandatory reporters under state law.

Due to the nature of their job, these professionals are in a position to observe the child's well-being. Thus, they are more obligated to report suspected abuse and/or neglect. In some states, however, anyone who is aware of or suspects child abuse and neglect must report it.

If in doubt, contact your local child protective services (CPS) agency. In some states, CPS is part of the Department of Health. Mandatory reporter training is also available online to assist reporters in spotting signs of child abuse and making a report.

Examples of Mandatory Reporters

Each state has its own definitive list of mandatory reporters. Common mandatory reporters include:

• Daycare workers
• Dentists and hygienists
• Doctors
• Doctors' office staff persons
• Caregivers
• Clergy, such as ministers, priests, and rabbis
• Emergency medical technicians
• Family practitioners
• Family therapists
• Foster care workers
• Foster parents
• Health care providers
• Law enforcement officers
• Mental health professionals
• Medical examiners
• Nurses
• Police officers
• Psychiatrists and psychologists
• School employees and administrators
• Social workers
• Teachers and teachers' aides

Although most people on the list are childcare providers and school personnel, anyone can report child abuse/neglect. Child protection is a duty of all responsible citizens. Anyone who is not a mandatory reporter is known as a “permissive reporter.”

Permissive Reporters

Permissive reporters are encouraged to report child abuse cases, though they are not included in the mandatory list of reporters. They can be anyone, and they can file a report anytime there is suspected child abuse.

The permissive reporter is not required to know that child abuse is present. Mere suspicion of child abuse is enough to file a report. As a permissive or voluntary reporter, you can also report anonymously.

Am I a Mandated Reporter Outside of Work?

It depends. Some states require mandatory reporters to report suspected abuse whether they learn of it at work or when they're off the clock. Others only require a person to report if they encounter suspected abuse in their professional capacity.

However, if you are a mandated reporter, you should report suspected cases of child abuse and neglect whenever possible, even if you become aware of it outside of work.

How Long Do I Have to Make a Report?

It is best to immediately report suspected cases of child abuse or neglect. This is particularly true in cases where the child is at risk of maltreatment, abuse, or neglect.

Can I Report Anonymously?

Yes. Reporting is one of the most effective ways to stop child abuse. However, many people find it difficult to report to law enforcement authorities. For many people, retribution from the abuser is a serious concern.

As a result, many states allow confidential reporting. Anonymous reporting helps the child welfare system, the Department of Human Services, and other proper authorities get information about the abuse. Meanwhile, the reporter can provide information without compromising their privacy and safety.

Many states have a dedicated hotline where you can anonymously report suspected child abuse. Witnesses of child abuse or neglect can also report the abuse by calling the National Childhelp Hotline at 1.800.4.A.CHILD (1.800.422.4453). You can also contact your local law enforcement.

The U.S. Child Protective Services website offers further information about child abuse and neglect. If you are a mandated reporter, there is also a form that you can fill out to report suspected child abuse.

What are the Consequences of Failing to Report?

There may be penalties and convictions if you fail to report child abuse or falsely report child abuse, such as the following:

Failure to Report Child Abuse and Neglect

In almost all U.S. states and territories, a mandatory reporter who fails to report suspected child abuse or neglect can face criminal prosecution.

For instance, in Florida, a mandated reporter with a reasonable cause to report child abuse but fails to do so can be charged with a felony. However, in most states, failure to report child abuse is a misdemeanor. Some states impose civil penalties (fines) as well.

In some states, mandatory reporters who fail to report the abuse can even face jail time ranging from 30 days to 5 years. Other states may give harsher penalties.

Failure to report can also result in a civil lawsuit.

For example, take the case of Landeros v. Flood in California. This case centered around a doctor who failed to report injuries related to child abuse in the 1970s. An 11-month-old was brought to Dr. Flood with a fractured leg that appeared to have been caused by a twisting force. The infant also had several bruises and a skull fracture that were in the process of healing.

After examining her, Dr. Flood released the child to her parents and did not report the injuries to law enforcement. The child suffered further injuries at the hands of her parents. A few months later, a different doctor recognized these signs of child abuse and reported them to law enforcement.

In 1976, the California Supreme Court held that Dr. Flood and other medical professionals could be held liable for failing to recognize and report possible child abuse.

Falsely Reporting Child Abuse

There are roughly 29 states that penalize false reporting of child abuse. Any person who intentionally makes a false report of child neglect or abuse can face a penalty or a fine. Social services can also file a civil action. They can also recover the cost of any proceedings or investigation related to the false reporting.

Fines and penalties vary depending on state law.

Seek Legal Help and Protection

Mandatory reporting laws are generally written to protect good-faith reporters of child abuse. In most states, you can also submit a report anonymously.

But, if you want legal help and protection, it is best to talk to a family law attorney near you. They can give you more information about your state's law regarding child welfare and how to report suspected abuse or neglect. They will also help ensure the protection of your legal rights as a reporter.

A criminal defense attorney in your state can advise you on the best course of action if you face a criminal charge for failing to report or submitting a false report of child abuse.