By: Dylan Kretchmar

Child Abuse is a global problem that has profound and lasting consequences for a child’s physical and psychological well-being. Child Abuse can take many forms, including neglect, physical violence, Verbal Abuse, and Sexual Abuse. 

The United States of America has a serious Child Abuse problem. A 2002 study by UNICEF found that the U.S. had one of the highest Child Abuse death rates among industrialized countries, with 2.2 deaths per 100,000 children. Homicide is among the top five causes of child death across all age groups. Beyond fatalities, about 1 in 8 children in the U.S. will experience mistreatment before turning 18, placing them at higher risk for long-term physical and mental health issues (Thomas & Reeves, 2023).

In response to growing concerns about Child Abuse, the U.S. created mandatory reporting laws. These laws require professionals working with children, including educators, healthcare providers, child care workers, social workers, clergy, coaches, and law enforcement, to report all suspected abuse or neglect to child protective services or law enforcement. These laws vary by state, but their purpose is to help authorities identify legitimate cases of Child Abuse early and intervene before serious harm occurs (Thomas & Reeves, 2023; Child Welfare Information Gateway, 2025).

The Origins of Mandatory Reporting Laws in the United States

The movement toward child protection began in 1874, when Mary Ellen, a young girl living in New York City, was found to be severely abused by her foster parents. At the time, there were no laws specifically protecting children from abuse. Her rescue garnered widespread media attention and public outrage, leading to serious discussions about the need for child protection laws (Reeves, 2025).

One year later, the New York Society for the Prevention of Cruelty to Children, the world’s first organized child protection organization, was established. This marked a turning point in the fight against Child Abuse, where many laws were created making it illegal to mistreat children. However, these laws failed to include mandatory reporting requirements, and in many cases, authorities only became aware of abuse after significant harm or death had already occurred (Reeves, 2025). As a result, many cases of Child Abuse were left unreported, with the mental and physical consequences not prevented.

It was not until 1974, when President Richard Nixon signed the bipartisan Child Abuse Prevention and Treatment Act (CAPTA), that the first mandatory reporting laws were established. CAPTA required all states to enact laws mandating that professionals who work with children must report any suspected cases of abuse to child protective services or law enforcement. This act also provided legal immunity for reports made in good faith and aimed to increase early detection and intervention (Raz, 2024). 

The Problem with Overreporting 

Although the intent behind mandatory reporting laws is to protect children, a growing body of research suggests that, in practice, these laws often fall short and can even cause harm (Jones, 2024; Raz, 2017).

This is due to overreporting. After states enacted mandatory reporting laws, the number of reports surged, especially from non-professionals, many of whom were unsubstantiated. At the same time, reports from trained professionals declined (Raz, 2017). This caused cases of legitimate Child Abuse to be seen at a later time.

For example, in Colorado, the number of Child Abuse reports has increased by 42% in the past decade and reached an unprecedented 117,762 reports in 2023. However, over 66% of these reports were immediately dismissed as unfounded, and only 21% of assessed cases were substantiated. Despite the increase in reports, the number of confirmed abuse cases has not gone up (Jones, 2024).

Overreporting can have serious consequences and cause unnecessary harm. Families falsely reported experiencing investigations that are often invasive, frightening, and traumatic. Children may be subjected to unnecessary interviews, medical exams, or even temporary removal from their homes. These investigations also divert limited and critical resources away from children who are genuinely at risk (Raz, 2017).

Biases in Mandatory Reporting 

Many unfounded reports stem from racial, economic, and ableist biases. Mandatory reporting laws are found to disproportionately affect poor, Black, and Indigenous families, and families with disabilities (Jones, 2024; Raz, 2017). In part, this is due to unaddressed structural inequalities in CAPTA itself; to gain bipartisan support to pass the act, early discussions of poverty and racism were intentionally excluded (Raz, 2024). 

Research shows that mandatory reporters often overreport suspected abuse in marginalized communities and underreport in white, affluent ones. As a result, some families face over-surveillance despite not being abusive, while children who may be in danger go unnoticed (Raz, 2017).

From Support to Surveillance 

Current mandatory reporting laws have made reporting and surveillance our primary response to families in crisis, rather than offering direct support (Raz, 2024). In many cases, the only way to raise concerns about a child is through a formal report to an abuse hotline. However, most of these calls are not to report abuse but about connecting struggling families and children to resources like food or housing. Mandatory reporting has, in effect, turned support services into a surveillance system. This has led many families to fear the child welfare system, choosing not to seek help due to the risk of child removal even when they’re simply struggling, not abusive (Jones, 2024;  Child Welfare Information Gateway, 2025).

Improving Mandatory Reporting Laws

Reporting is an essential first step in protecting children experiencing abuse, and there are many ways we can change the mandatory reporting laws to reduce harm and restore trust.

1. Clarify definitions of abuse and neglect.  

The state’s mandatory reporting statute should clearly define what constitutes Child Abuse. This includes specifying that reports should not be made based solely on race, class, disability, or gender of the child or family. This wording can help reduce biases and unnecessary reporting. 

2. Create alternative support pathways.

States should establish separate hotlines for families seeking help. These alternative hotlines can redirect support to where it’s needed and increase access to resources while rebuilding trust in the system (Jones, 2024;  Child Welfare Information Gateway, 2025).

3. Improve training for mandatory reporters. 

Training should help reporters distinguish between true abuse and signs of poverty or disability, and educate them on alternative ways to support families outside of calling a hotline (Jones, 2024; Raz, 2017).

Concerns about Mandatory Reporting Reforms

While many agree that reform is necessary, some worry that changing mandatory reporting laws could result in fewer reports and missed cases of abuse. Others fear legal repercussions if they fail to report suspected abuse (Jones, 2024). These concerns are valid and must be considered carefully to protect both reporters and children. 

The 1974 mandatory reporting laws were a needed first step in addressing Child Abuse. But after five decades, evidence shows it’s time to rethink and improve the system to protect all children better and reduce unnecessary harm.

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Sources:

Thomas, R., & Reeves, M. (2023, July 10). Mandatory Reporting Laws. National Center for Biotechnology Information. https://www.ncbi.nlm.nih.gov/books

Mandated reporting. Child Welfare Information Gateway. (2025). https://www.childwelfare.gov/topics/safety-and-risk/mandated-reporting/?top=78

Reeves, L. (2025). Child abuse mandatory reporting learning unit 1. https://webcontent.indianhills.edu/_myhills/courses/REL4507/documents/lu01_lecture.pdf

Raz, M. (2024, January 31). Why mandatory reporting doesn’t keep children safe. Time. https://time.com/6589854/mandatory-reporting-child-abuse-prevention/

Raz, M. (2017, April 10). Preventing child abuse: Is more reporting better?. Penn LDI. https://ldi.upenn.edu/our-work/research-updates/preventing-child-abuse-is-more-reporting-better/ 

Jones, K. (2024, April 25). States find a downside to mandatory reporting laws meant to protect children. NPR. https://www.npr.org/sections/health-shots/2024/04/25/1247021109/states-find-a-downside-to-mandatory-reporting-laws-meant-to-protect-children