Mandatory Reporters of Child Abuse and Neglect: Summary of State Laws
| Series: State Statutes |
| Author(s): Child Welfare Information Gateway |
| Year Published: 2010 |
Current Through April 2010
This brief introduction summarizes how States address this topic in statute. To access the statutes for a specific State or territory, visit the State Statutes Search.
All States, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands have statutes identifying persons who are required to report child maltreatment under specific circumstances.
Professionals Required to Report
Approximately 48 States, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands designate professions whose members are mandated by law to report child maltreatment.1 Individuals designated as mandatory reporters typically have frequent contact with children. Such individuals may include:
- Social workers
- Teachers and other school personnel
- Physicians and other health-care workers
- Mental health professionals
- Child care providers
- Medical examiners or coroners
- Law enforcement officers
Some other professions frequently mandated across the States include commercial film or photograph processors (in 11 States, Guam, and Puerto Rico), substance abuse counselors (in 14 States), and probation or parole officers (in 17 States).2 Seven States and the District of Columbia include domestic violence workers on the list of mandated reporters, while seven States and the District of Columbia include animal control or humane officers.3 Court-appointed special advocates are mandatory reporters in nine States.4 Members of the clergy now are required to report in 26 States.5
Reporting by Other Persons
In approximately 18 States and Puerto Rico, any person who suspects child abuse or neglect is required to report. Of these 18 States, 16 States and Puerto Rico specify certain professionals who must report but also require all persons to report suspected abuse or neglect, regardless of profession.6 New Jersey and Wyoming require all persons to report without specifying any professions. In all other States, territories, and the District of Columbia, any person is permitted to report. These voluntary reporters of abuse are often referred to as "permissive reporters."
Standards for Making a Report
The circumstances under which a mandatory reporter must make a report vary from State to State. Typically, a report must be made when the reporter, in his or her official capacity, suspects or has reasons to believe that a child has been abused or neglected. Another standard frequently used is when the reporter has knowledge of, or observes a child being subjected to, conditions that would reasonably result in harm to the child. Permissive reporters follow the same standards when electing to make a report.
Privileged Communications
Mandatory reporting statutes also may specify when a communication is privileged. "Privileged communications" is the statutory recognition of the right to maintain confidential communications between professionals and their clients, patients, or congregants. To enable States to provide protection to maltreated children, the reporting laws in most States and territories restrict this privilege for mandated reporters. All but three States and Puerto Rico currently address the issue of privileged communications within their reporting laws, either affirming the privilege or denying it (i.e., not allowing privilege to be grounds for failing to report).7 For instance:
The physician-patient and husband-wife privileges are the most common to be denied by States.
The attorney-client privilege is most commonly affirmed.
The clergy-penitent privilege is also widely affirmed, although that privilege usually is limited to confessional communications and, in some States, denied altogether.8
Inclusion of the Reporter's Name in the Report
Most States maintain toll-free telephone numbers for receiving reports of abuse or neglect.9 Reports may be made anonymously to most of these reporting numbers, but States find it helpful to their investigations to know the identity of reporters. Approximately 18 States, the District of Columbia, American Samoa, Guam, and the Virgin Islands currently require mandatory reporters to provide their names and contact information, either at the time of the initial oral report or as part of a written report.10 The laws in Connecticut, Delaware, and Washington allow child protection workers to request the name of the reporter. In Wyoming, the reporter does not have to provide his or her identity as part of the written report, but if the person takes and submits photographs or x rays of the child, his or her name must be provided.
Disclosure of the Reporter's Identity
All jurisdictions have provisions in statute to maintain the confidentiality of abuse and neglect records. The identity of the reporter is specifically protected from disclosure to the alleged perpetrator in 39 States, the District of Columbia, Puerto Rico, American Samoa, Guam, Puerto Rico, and the Northern Mariana Islands.11 This protection is maintained even when other information from the report may be disclosed.
Release of the reporter's identity is allowed in some jurisdictions under specific circumstances or to specific departments or officials. For example, disclosure of the reporter's identity can be ordered by the court when there is a compelling reason to disclose (in California, Mississippi, Tennessee, Texas, and Guam) or upon a finding that the reporter knowingly made a false report (in Alabama, Arkansas, Connecticut, Kentucky, Louisiana, Minnesota, South Dakota, Vermont, and Virginia). In some jurisdictions (California, Florida, Minnesota, Tennessee, Texas, Vermont, the District of Columbia, and Guam), the reporter can waive confidentiality and give consent to the release of his or her name.
To access the statutes for a specific State or territory, visit the State Statutes Search.