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Adverse Childhood Experiences
Reducing Risk When Reporting Suspected Child Abuse
Do you know about reporting risks and how to mitigate them?
Posted January 16, 2024 Reviewed by Michelle Quirk
Key points
- There are risks associated with reporting suspected child abuse.
- There are consequences for failing to report suspected abuse.
- Mandatory reporters need to be informed about reporting risks and learn how to mitigate them.
Mandated reporters (MRs) are legally required to report suspected child abuse. Training and academia have repeatedly taught MRs that as long as their reports are made in good faith, immunity laws will protect them from both criminal and civil liability. Most MRs interpret this to mean reporting carries little to no risk and/or that lawsuits or criminal charges are the only types of risks associated with reporting. Ironically, the belief that reporting carries minimal risk may place MRs at a higher risk of retaliation.
It’s important to be aware of real-life reporting risks. For instance, fathers’ rights groups may file multiple complaints against an MR after they report suspected abuse. This is called “targeting,” and the authors report it has resulted in fewer mental health professionals willing to evaluate and protect abused children, especially during divorce proceedings (Kleinman & Pollack, 2017).
Further, numerous board complaints have been filed by a caregiver after the MR filed a child abuse report against the caregiver. In one study, 9.7 percent of the complaints against psychologists were for an alleged breach of confidentiality (Montgomery, Cupit, & Wimberley, 1999).
What Do Mandatory Reporters Need to Know?
Be aware that reporting may mean retaliation in various forms. Our study found that retaliation may include harassment/threats, having one’s identity released to the alleged perpetrator, civil lawsuits, getting reported to their ethics board, getting reported to their licensure board, getting fired or demoted, and having one’s license revoked. Keep in mind that most immunity laws only cover retaliation in the forms of civil and criminal liability and, even so, an MR must typically lawyer up to uphold their immunity protection in court.
Be aware that not reporting suspected abuse may mean consequences for an MR. Failure to report may result in further harm to a child or even death. Almost every state imposes a penalty for MRs who fail to report, such as fines, jail time, or a combination of both.
Failure to report is considered a misdemeanor in about 40 states, but it may be upgraded to a felony depending on the incident’s severity. Regardless of the risk, it is the MR’s legal duty to report suspected abuse.
Get MR training. Our research found that trained MRs report more often and experience less retaliation. Learn about federal immunity protection under CAPTA, your state’s immunity protection, and what immunity does and does not cover. Our research found the most common forms of retaliation, such as harassment/threats and releasing the MR’s identity to the alleged perpetrator, are not addressed under most immunity protections. Be aware that anyone can sue anyone for anything, despite immunity protection.
Find out the reporting protocol in the state and organization where you work. For instance, are you expected to make a direct report to CPS, Childline, or law enforcement? Are you required to report up the chain of command to a designee or supervisor and, if so, what happens after you make your report? How does your organization protect your identity?
When in doubt about reporting, ask and document. Keep in mind, the MR is legally required to report suspected abuse, not to determine whether or not abuse took place. If you are unsure, consult with a colleague, run a hypothetical by someone at CPS, call your professional liability company, call your licensure board, or ask an attorney who is familiar with immunity laws, and be sure to document consultations.
What should you do if you get fired after making a report or are discouraged from reporting? Look into your state’s laws to determine if there is anti-retaliation and/or whistleblower protection for MRs. Consult with a lawyer to determine if you can file a lawsuit against your employer for wrongful termination after making a mandated report.
Educate others. If you are a future MR in a higher-education setting, raise the issue of reporting risks, citing research, and ask how to mitigate those risks. Reach out to your risk management insurance and ask how they prepare/protect you from the other risks associated with reporting such as harassment, having your identity released, and licensure board complaints.
Reporting suspected abuse is paramount. As MRs, we need to do our part to protect vulnerable children. We also need to be realistic about reporting risks and do our best to protect ourselves when performing this critical mandate.
