By: Amanda Hildreth
Anyone can be a Victim of abuse. While everyone should be concerned about abuse and neglect, certain individuals are required by law to report suspected abuse or neglect.
In the United States, mandatory reporting laws create a legally enforceable duty for individuals who have contact with vulnerable populations to report to authorities when abuse of those populations is suspected or confirmed. These laws and who is covered under them can vary by state but generally include disabled individuals, children, and the elderly populations. Certain states also mandate this duty to intimate partner abuse. These laws often require the reporting of physical, sexual, emotional, and financial abuse as well as neglect (Thomas & Reeves, 2023).
Who Are Mandated Reporters?
While mandated reporters vary by state, those included are anyone who works closely with vulnerable populations (Social Work Degree Guide, 2024).
Mandated reporters typically include (Social Work Degree Guide, 2024, Child Welfare Information Gateway, 2023):
- Social workers, counselors, or employees at home health agencies
- Teachers and other school staff
- Healthcare professionals including interns, residents, nurses, dentists, etc.
- Childcare providers including administrators and employees, day camps, residential camps, etc.
- Law enforcement
- Mental health professionals
- Attorneys
- Licensed psychologists and therapists
- Coroners
- Peace officers, dog wardens, animal control officers
- Employees of the Department of Job and Family Services
- Employees of qualified organizations or host families
- Court-appointed special advocates or guardian ad litem
Some states, however, require that all citizens be mandated reporters (Social Work Degree Guide, 2024).
The Signs of Abuse and Neglect Mandated Reporters Look For
Sometimes it can be difficult to spot the signs of abuse and neglect. Some Victims may not even realize they are experiencing abuse or neglect.
The following are signs that a mandated reporter looks for in those experiencing abuse or neglect (Riskey, 2017, American Psychological Association, 2022, Special Needs Alliance, 2024):
- Injuries that occur often and in some form of pattern
- Injuries that can’t be explained reasonably
- Injuries that don’t match the explanation for why they occurred
- Violent behavior toward others
- Poor performance in school or work
- Depression and anxiety
- Poor appetite
- Stealing or sneaking food
- Issues with hygiene
- Excessive absences from school, work, or other important daily meetings
- Unstable emotions and moods
- Lack of medical aids for the elderly such as glasses, walkers, hearing aids, medications
- Unexplained weight loss
- Untreated bedsores
- Fearful or suspicious of others
- Lack of interest in being social
- Unexplained behavioral changes
- Signs of insufficient care
- Unpaid bills despite having the proper financial resources
- Large withdrawals from bank accounts
- Isolation
- Overmedication
- Dehydrated or malnourished
- Limited or no access to information about finances
- Dependency on caregivers who have a history of substance abuse or mental health issues
Mandated reporters have a special duty to recognize the signs of abuse and neglect early and take action to prevent further harm to vulnerable individuals.
When Should A Mandated Reporter Make A Report?
Although the requirements for when a report should be made vary by state, typically if the following conditions are met, a report should be made (Riskey, 2017):
- If you have reasonable suspicion the individual is being abused or neglected
- You know of or have observed the individual being mistreated or put in a potentially harmful situation
- Someone reports to you with reasonable suspicion that an individual is being abused or neglected
- An individual comes to you and tells you they have been abused or neglected
As a mandated reporter, you are not required to provide proof that neglect or abuse has happened, however, it is your responsibility to provide the facts that led you to believe the person is being abused or neglected to the authorities (Riskey, 2017).
What Should be Included in a Mandated Report?
What must be included in a mandated report and when the report must be made varies by state. For example, in Michigan, mandated reporters must make both a verbal and written report within 72 hours of the suspected abuse or neglect (Riskey, 2017).
However, when making a report, the general information that should be included is as follows (The Center for Family Safety and Healing, 2023):
- Name and address of the Victim
- Age of the Victim
- Name and address of the guardian or caregiver
- Name of the person you suspect is abusing or neglecting the Victim
- The reasons you suspect the Victim is being abused or neglected
- Any other helpful information you can provide
If someone you know is being abused or neglected, it is crucial you report your suspicions as soon as possible to the proper authorities.
Mandated Reporters Save Lives
Each year an estimated 1,800 children die as a result of Child Abuse. Studies also indicate that child maltreatment fatalities are also underreported by at least 50%. Parents are responsible for at least 80.1% of Child Abuse or neglect fatalities. For these 1,800 children, mandated reporters could mean the difference between life and death (Mandated Reporter Training, 2020).
Around 1 in 6 people aged 60 years or older have experienced some form of abuse in care settings in the past year. Rates of abuse in the elderly are high in nursing homes and long-term care facilities, with 2 out of 3 staff members reporting they have committed abuse in the last year. Rates of abuse of the elderly have also increased since the COVID-19 pandemic (World Health Organization, 2024).
Disabled individuals are common Victims of violent crime in the United States. Data shows that from 2017-2019, disabled people made up 26% of nonfatal violent crimes and abuse, even though they only make up 12% of the population (Alfonseca, 2021).
Mandated reporters have the opportunity to save thousands of lives each year. Protecting vulnerable individuals and preventing abuse and neglect doesn’t begin or end with reporting. Efforts to prevent abuse and neglect can only be effective when mandated reporters and concerned citizens work together to improve community safety (New York State Office of Children and Family Services, 2024).
At ARO, we are here to support your personal healing journey towards your complete well-being. We bring solutions and real-time education for 21 different types of abuses. The most prevalent abuses are Sexual Abuse, Spousal Abuse, Physical Abuse, Psychological Abuse, Narcissistic Abuse, Financial Abuse, Self Abuse, Elderly Abuse, Isolation Abuse, Child Abuse, Bullying, Cyberbullying, Workplace Abuse, Religious Abuse, Medical Abuse, Food Abuse, Authority Abuse, Educational Abuse, Child Sexual Exploitation, Sex Trafficking, and Political Abuse. Support our efforts by visiting AbuseRefuge.org and NormTherapy.com to sign up for Norm Therapist® Training to become one of our dynamic staff members who serve Victims and Survivors of abuse worldwide, schedule Norm Therapy® sessions, become a Live Stream volunteer, join our mailing list to learn how you can make an impact on the Abuse Care Community, and provide life-saving financial assistance with a generous donation.
Sources
Thomas, R., & Reeves, M. (2023, July 10). Mandatory reporting laws. Stat Pearls [Internet]. https://www.ncbi.nlm.nih.gov/books/NBK560690/
Social Work Degree Guide. (2024). What is a mandated reporter?. Social Work Degree Guide. https://www.socialworkdegreeguide.com/faq/what-is-a-mandated-reporter/
Child Welfare Information Gateway. (2023, May). Mandatory reporting of Child abuse and neglect – ohio. Child Welfare Information Gateway. https://www.childwelfare.gov/resources/mandatory-reporting-child-abuse-and-neglect-ohio/#:~:text=A%20report%20is%20required%20when,wound%2C%20injury%2C%20disability%2C%20or
Riskey, E. (2017, July). Frequently asked questions about mandated reporting. Study.com Blog. https://www.d2l.org/wp-content/uploads/2017/01/Mandated_Reporting_07.07.15.pdf
American Psychological Association. (2022, November 10). Elder abuse: How to spot warning signs, get help, and report mistreatment. American Psychological Association. https://www.apa.org/topics/aging-older-adults/elder-abuse
Special Needs Alliance. (2024, May 16). Preventing abuse with disabilities and older adults. Special Needs Alliance. https://www.specialneedsalliance.org/blog/recognizing-and-preventing-abuse-neglect-and-exploitation-of-individuals-with-disabilities-and-older-adults/
The Center for Family Safety and Healing. (2023, March 29). Mandated reporting. The Center for Family Safety and Healing. https://familysafetyandhealing.org/get-help/mandated-reporting/#
Mandated Reporter Training. (2020, November 14). Why is mandated reporter training important? https://mandatedreportertraining.com/resources/blog/why-is-mandated-reporter-training-important/
World Health Organization. (2024, June 15). Abuse of older people. World Health Organization. https://www.who.int/news-room/fact-sheets/detail/abuse-of-older-people
Alfonseca, K. (2021, November 21). Crime against disabled people is rising and advocates say more needs to be done. ABC News. https://abcnews.go.com/US/crime-disabled-people-rising-advocates/story?id=81210410
New York State Office of Children and Family Services. (2024). Summary guide for mandated reporters in New York State. Mandated Reporters. https://ocfs.ny.gov/publications/Pub1159/OCFS-Pub1159.pdf
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