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Mandated reporting refers to the legal obligation to report abuse.
Mandated reporters are individuals or agencies that are legally required to make these reports.
In the United States, mandated reporting laws vary significantly.
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At a Glance
Mandating reporting laws vary by state.
However, anyone can report abuse, neglect, or abandonment whether or not they are a mandated reporter.
Who Is a Mandated Reporter?
Anyone can report suspected abuse, and in some states, non-mandated reporters can make these reports anonymously.
Mandated reporters may report suspectedchild abuse, elder abuse, or vulnerable adult abuse.
Mandated reporters typically do not investigate suspected abuse; rather, their obligation is to report their suspicions.
Mandated reporters are only required to disclose allegations to the department of human services.
The information is kept private for safety reasons and to prevent further abuse in retaliation for making the report.
What Happens If a Mandated Reporter Doesn’t Report?
Mandated reporters are legally required to follow state laws about reporting abuse and neglect.
They must report even if they are uncertain about whether or not the allegation is true.
Mandated reporters might also be subject to civil litigation for failing to protect a vulnerable individual.
In some states, there is no statute of limitations on failing to make a report.
What Information Is Disclosed in the Report?
Sometimes, limited information is available, and the report will only include the information that is available.
The mandated reporter can request a confirmation letter documenting that they made the report.
The letter might include information about the outcome of the investigation.
Guardians can request information about the report; however, this might not include who made the report.
The information included during mandated reporting will include:
What Other Things Might Be Reported?
In most states, this does not fall under mandated reporting.
Duty to warn can include contacting the potential victim if the information is available.
It can also include contacting law enforcement about a threat.
Because duty to warn involves civil liability, it is separate from mandated reporting laws.
Court Orders
Professionals might be subject to a court order from a judge to disclose information.
Judges might request information as part of criminal cases or child custody disputes.
Court orders do not fall under mandated reporting laws.
Check your government website to learn more about your state’s mandated reporting laws.
Tarasoff v. Regents of the University of California, 131 Cal.
