Mandated reporter 4974742 210420525 2008-05-05T21:24:27Z Eastlaw 1046972 Removed category "Law"; Quick-adding category "Health law" (using [[WP:HOTCAT|HotCat]]) {{worldwide}} In many [[U.S. state]]s and [[Australia]], '''mandated reporters''' are [[professional]]s who, in the ordinary course of their work and because they have regular contact with [[children]], disabled persons, [[senior citizen]]s, or other identified vulnerable populations, are required to report (or cause a report to be made) whenever financial, physical, sexual or other types of abuse has been observed or is suspected, or when there is evidence of [[neglect]], knowledge of an incident, or an imminent risk of serious harm. For example, in [[South Australia]], a school teacher must report a child attending school seeming [[malnourished]] or presenting with [[bruising]], complaining of neglect or otherwise demonstrating [[neglect]] or abuse at home, to [[child welfare]] authorities. In many states, all citizens are considered mandated reporters. These professionals can be held liable by both the civil and criminal legal systems for intentionally failing to make a report but their name can also be said unidentified. Mandated reporters also include persons who have assumed full or intermittent responsibility for the care or custody of a child, dependent adult, or [[Senior citizen|elder]], whether or not they are compensated for their services. == Abuse, or suspicion of abuse, that must be reported == '''Abuse''' occurs where a victim has suffered physical injury inflicted other than by accidental means, has injuries, or is in a condition resulting from mistreatment, such as [[malnutrition]], [[Child sexual abuse|sexual molestation]] or exploitation, deprivation of necessities, emotional abuse or [[cruelty]]. '''Neglect''' may be defined as abandonment, denial of proper care and attention physically, emotionally, or morally, or living under conditions, circumstances or associations injurious to well-being. Typically, minimum requirements for what must be reported include: * A description of how the reporter learned of the injuries or neglect and of any actions taken to assist * Information on previous injuries, assaults, neglect or financial abuses * The date, time, nature, and extent of the abuse or neglect* The date of the report * The perpetrator's name, address, and relationship to the (possible) victim * The reporter's name, agency, position, address, telephone number, and signature == Abuse or neglect suspected at an institution or facility == Mandated reporters are required to file a report whenever there is reasonable cause to suspect or believe any resident of a care facility has been abused or neglected by a staff member of a public or private institution or facility that provides care. Whenever the results of an investigation leads to the conclusion that there is reasonable cause to believe that that there has been abuse or neglect perpetrated by staff, then the institution, school or facility must provide records concerning the investigation to the appropriate investigating agency and/or to the agency that licensed the facility. An institution may suspend employee(s) during an investigation, or, at the conclusion of an investigation, may impose penalties in addition to any separate penalties resulting from civil litigation or criminal prosecution. Employers may not discharge, discriminate or retaliate against an employee for making a [[good faith]] report or for testifying at an abuse or neglect proceeding. == Anonymity and immunity == Mandated reporters are usually required to give their name when they make a report, but may request [[anonymity]] to protect their [[privacy]]. A mandated reporter who knowingly makes a false report will ordinarily have their identity disclosed to the appropriate law enforcement agency, and their identity may be disclosed to the alleged perpetrator of the reported abuse or neglect. A mandated reporter may be subject to penalties, though immunity from civil or criminal liability is granted to reporters who report in good faith. Immunity is also granted to reporters who, in good faith, have not reported. However, failure to report suspected abuse or neglect could result in fines or other sanctions, such as participation in a training program. Failure to act may result in even stiffer penalties, such as [[civil litigation]] or criminal prosecution with the prospect of potential imprisonment. == Conflicts == Conflicts between a mandated reporter's duties and [[privileged communication]] [[statute]]s are common. It has been argued that the category of "mandatory reporters" should be expanded to members of the [[clergy]]; however in some more traditional denominations the conflict this creates with the "confessional" makes this unworkable{{Fact|date=January 2008}}. When such conflicts arise, professionals often choose not to report; e.g., in a large number of cases involving [[clergy]], numerous alleged child sexual assaults have gone unreported. == Informing family members and guardians == Mandated reporters typically are not obligated to inform parents, siblings or offspring that a report has been made. In many circumstances, however, it may be necessary and/or beneficial to do so. When a report is made at a caregiving facility, the person in charge of a [[hospital]], [[school]] or other institution is generally required to notify family members, or other caregiver(s) responsible for the (possible) victim, that a report has been made. [[Healthcare]] professionals or members of the clergy, however, often must to talk with family members or guardians to offer support and guidance, or to assess the cause of an injury. In cases of serious physical abuse or sexual abuse, it may be unwise to advise caregivers before a case is reported, as it may put a victim at greater risk and/or interfere with a criminal investigation. ==Investigation of reports== Law enforcement or public health agencies are responsible for immediately evaluating and classifying all reports of suspected abuse, neglect, or imminent risk. When reports contain sufficient information to warrant an investigation, authorities must make efforts within a reasonable time frame to begin an effective investigation, often within hours, particularly when there is an imminent risk of physical harm or another emergency; investigations must also be completed within a reasonable or specified time frame. The investigation also must also include a determination of whether the report was actually warranted or if it was unfounded. Agencies must coordinate activities to minimize impacts upon the (possible) victim. Consent to interview(s) of the (possible) victim often must be obtained from caregivers, family members or guardians, unless there is reason to believe such person is the alleged perpetrator. In cases where serious abuse or neglect is substantiated, local law enforcement, prosecutors or other public offices must be notified, and a copy of the investigation report must be sent. == Professionals responsible for mandated reporting == In many US states, mandatory reporting requirements apply to all people in the state. [http://www.abanet.org/media/factbooks/eldt1.html], [http://nccanch.acf.hhs.gov/general/legal/statutes/manda.pdf]. In other states, mandated reporting requirements generally apply to staff members of a public or private institution or caregiving facility, as well as to a variety of [[public safety]] employees and medical professionals, or a public or [[private school]] responsible for the safety and well being of vulnerable persons. These generally include, but are not limited to the following: * Adult protective service employees * [[Child advocacy|Child advocates]] * Child protective service employees * [[Chiropractor]]s * [[Clergy]] * [[Dentist]]s and [[dental hygienist]]s * [[Emergency medical service]] providers * Marital and family therapists * [[Medical examiner]]s * [[Mental health]] professionals * [[Nurse]]s * [[Ombudsman|Ombudsmen]] * Optometrists * [[Parole officer]]s * [[Pharmacist]]s * [[Physical therapist]]s * [[Physician assistant]]s * [[Physician]]s * [[Podiatrist]]s * [[Police]] officers * [[Probation officer]]s * [[Psychologist]]s * Public health service providers responsible for the licensing or monitoring of child day care centers, long term care and nursing facilities, group [[day care]] homes, family day care homes, and youth camps * Professional counselors * [[Medical resident|Resident medical interns]] * School [[teacher]]s, [[Coach (sport)|coach]]es, guidance counselors, paraprofessionals, and principals * [[Sexual assault]] and battered women’s counselors * [[Social worker]]s * [[Substance abuse]] rehabilitation counselors == Training == Training is typically offered wherever mandated reporting laws are enforced, entailing matters such as recognition of abuse and neglect, what must be reported, how to report it, anonymity, immunity and penalties. == See also == * [[Health Insurance Portability and Accountability Act]] of 1996 * [[Stovepiping]] == External links == * [http://www.ladcss.org/APS/APSMandatedtext.htm LADCSS.org] - 'APS (adult protective services) Mandated Reporters: The following information applies to Mandated Reporters, who are required by law to report elder/dependent adult abuse', [[Los Angeles County, California]] Department of Community and Senior Services * [http://www.ocfs.state.ny.us/main/prevention/faqs_mandatedreporter.asp NY.us] - 'Mandated Reporter Information - Child Abuse Prevention Summary Guide for Mandated Reporters in [[New York State]]' [[Category:Child abuse]] [[Category:Health law]]