Mandatory Reporting Essay

In the United States of America all fifty states have statutes making it mandatory for professionals to report suspected or known child abuse (Hepworth, Rooney, Rooney, & Strom-Gottfried, 2017, p. 76). Mandatory Reporting laws require social workers and other professionals such as physicians, nurses and school personnel to report suspected abuse of a child or an elderly individual. These two populations are considered at risk for potential abuse. The Arizona Mandatory Reporting Training states, “any person who reasonably believes that a minor is or has been the victim of abuse… or neglect…shall immediately report or cause reports to be made…to a peace officer or to child protective services ("ChildHelpInfoCenter - Free Mandatory Reporting Training," n.d.).”

The question becomes what is “reasonable belief?” Reasonable Belief is defined in three categories which are; 1) the child or elderly individual discloses the abuse, 2) the child or elderly individual has unexplained injuries or explanation is not consistent with the injury and 3)
a third party discloses information that gives a social worker reason to believe abuse has occurred or currently is occurring ("ChildHelpInfoCenter - Free Mandatory Reporting Training," n.d.). The four types of abuse are; sexual abuse, physical abuse, neglect and emotional abuse. These cases of abuse must be reported to either a peace officer or to Child Protective Services. According to the Arizona Mandatory Reporting Training, once the oral report has been made to the appropriate agency, the reporter has seventy-two hours to file a written report (citation training). While this is the case in Arizona, it is not the same in every state. For example, in Utah the reporter has forty-eight hours to file a written report after an oral report has been completed ("Mandatory reporting requirements: children Utah," 2016). It would be wise for social workers to be familiar with their state and county mandatory reporting laws as it may possibly have minor differences from the Arizona laws.

Social workers are placed in a unique position as it relates to confidentiality and mandatory reporting laws.
The mandatory reporting law requires social workers to report abuse suspicions to specific protective agencies, not to disclose information to other parties (Hepworth, Rooney, Rooney, & Strom-Gottfried, 2017, p. 76). Only information that is relevant to the abuse can be disclosed to protective agencies. Other intimate details that are unrelated to the abuse must be kept confidential. Professionals that fail to report suspected abuse of a child or elderly individual can be subject to legal prosecution which could result in a misdemeanor or felony charge. In some states, such as Utah, a mandated reporter who fails to make a report when required by law may also be subject to fines and civil liability. Social workers that fail to make a report when required may be subject disciplinary action by the Social Work Licensing
Board.

The potential consequences for failing to report suspected abuse have been explored; we must now look at the protections that have been implemented for mandatory reporters. According to the Arizona Mandatory Reporting Training, anyone that reports in good faith is immune from any civil or criminal liability unless the reporter is suspected or charged with perpetrating the abuse or if the reporter acted with malice ("ChildHelpInfoCenter - Free Mandatory Reporting Training," n.d.). This can be related to the Good Samaritan law, which provides basic legal protection for those who assist a person who is injured or in danger from liability, if unintended consequences result from their assistance. Protections have been put in place for individuals that act in good faith and follow the mandatory reporting laws.

In this country, all fifty states have statutes making it mandatory for professionals to report suspected or known child and elderly abuse. While the mandatory reporting laws are fairly identical, there are minor differences that mandatory reporters need to be aware of. Many mandatory reporting agencies offer training for professionals that are required to report child and elderly abuse. Utilizing these trainings is encouraged for mandated reporters as it provides necessary information in order to comply with mandatory reporting laws. Obtaining a high level of understanding for mandatory reporting laws will protect professionals from legal action and will help those that are being abused.