This blog post focuses on mandatory reporting in the United States. However, many countries have mandatory reporting laws. Additionally, many organizations, especially those working with children, have policies regarding reporting. Therefore, this post can be used to think critically and reflect upon mandated reporting in your local, national, and sporting communities.
Mandatory reporting is the legal responsibility of some adults to report witnessed or suspected abuse and neglect of vulnerable parties to the authorities.
In greater detail, as described by the National Library of Medicine:
“In the United States, mandatory reporting laws establish a legally enforceable duty for those who have contact with vulnerable populations to report to state and local authorities when mistreatment or abuse of those populations is suspected or confirmed. While these laws, and the populations they cover, vary by state, they generally include children, the disabled, and the elderly. Some states also assign this reportable duty to abuse between intimate partners. These laws typically cover neglect, as well as physical, sexual, emotional, and financial abuse. While those individuals mandated to report also vary by state, they generally include childcare providers, clergy, coaches, counselors, healthcare providers, law enforcement, principals, and teachers. In addition to their obligation to report mistreatment of vulnerable patients, healthcare professionals are also required to report certain infectious diseases deemed to be public health hazards to state and local authorities.”
In some states, mandated reporting laws include all adults. In others, mandated reporting laws apply to professionals such as teachers, doctors, and therapists. Click here to learn more.
Connected to the world of sports, coaches, trainers, and others who work with youth athletes are likely required to report abuse of minors to law enforcement, SafeSport, and, in some instances, the Title IX office of a school.
Be sure to check legislation and policies that apply to you regarding the definitions and types of abuse that fall under reporting requirements.
To be clear, anyone can make a report to local authorities.
If you are a mandated reporter or someone making a report, your role is not to investigate or make decisions or determinations about the abuse or misconduct suspected or witnessed. Your role is simply to report.
Remember, if you or anyone else is in immediate danger, to prioritize safety and call 911 or emergency services for help.
For minors, all disclosed abuse or reasonable suspicion of abuse must be reported by mandatory reporters based on your jurisdiction's applicable mandated reporting laws.
Therefore, if you are under 18, it is crucial to understand that some people are mandatory reporters. If you disclose to a mandated reporter or if they witness or suspect abuse, please understand they must officially report. Minor survivors may also choose to report to the local authorities for themselves.
For adults, there is a difference between disclosing and reporting, meaning adult survivors may disclose abuse without automatic reporting occurring. Adult survivors may also choose to report to local authorities.
Please visit our Justice Pathways infographic and blog post for more information on disclosing to a trusted person and not officially reporting versus officially reporting, as well as other justice-seeking options.
The decisions to disclose and report abuse can be complicated for survivors, with many personal and societal factors to consider. Survivors most often choose to disclose and/or report abuse to connect with support and resources and to begin their healing process.
When a report is made to local authorities, the police, and/or welfare offices, the specific proceedings may vary slightly by jurisdiction. Authorities will screen the report, investigate the allegations, and then take immediate and/or other protective actions to keep the vulnerable person safe. Cases are then monitored, transferred, and closed depending on the jurisdiction’s policies and procedures.
Mandatory reporting can be controversial in abuse prevention circles. On the one hand, it may help to prevent future abuse from occurring and aid in connecting a victim to safety, resources, and support. On the other, it further removes agency from a victim whose autonomy has already been taken from them by the abuse. Victims can be both helped and harmed by mandatory reporting.
Mandated reporting laws were designed for public health and to protect individuals. However, research from the Trauma, Violence & Abuse peer-reviewed journal shows that mandatory reporting can have unforeseen negative consequences. For the victim and their family, mandatory reporting processes may have systemic biases or create a barrier for victims to seek help due to confidentiality concerns. In short, mandatory reporting can sometimes help get child victims out of abusive situations and sometimes keep them trapped in them due to fear of disclosure.
Regardless of how you feel about mandated reporting, the law is the law. Therefore, it is crucial to identify who a mandated reporter is, as persons you disclose to may be required by law to take reporting action steps without your approval. For anyone under the age of 18, whether you are a survivor or not, take a moment to identify a trusted adult, like a parent, teacher, or coach, who can help you navigate the disclosure and reporting process. These are heavy and complicated topics, and it is important that survivors and their supporters have safe individuals to disclose to without fear of recourse.
Kathryn McClain, MSW, MBA
Program and Partnerships Director at #WeRideTogether
Legal Disclaimer
#WeRideTogether provides general information that is intended, but not guaranteed, to be correct and up-to-date. The information provided above does not, and is not intended to, constitute legal advice, and should not be relied upon as such. It is intended only to provide general guidance and information to the reader. Because each of the topics above are governed and affected by numerous legal issues that are often state specific, you are advised to seek independent legal counsel licensed in your jurisdiction to obtain qualified legal advice pertaining to your particular circumstances. #WeRideTogether does not assume any responsibility for actions or non-actions taken by people who have visited this site, and no one shall be entitled to a claim for detrimental reliance on any information provided or expressed.
