Introduction
Child abuse and neglect are serious problem that affects millions of children each year. According to data collected by the National Child Abuse and Neglect Data System (NCANDS), an estimated number of 678,000 children in the United States were victims of abuse or neglect in 2018 (Hixenbaugh et al., 2022). Neglect and abuse of children can have devastating impacts on a child’s health and development, reducing the likelihood that the youngster will grow up to be happy and successful (Liu & Vaughn, 2019). In response to this growing problem, many states have enacted laws requiring certain professionals to report suspected cases of child abuse and neglect to the appropriate authorities. Mandated reporting laws play a critical role in identifying and rescuing children who may be at risk of abuse and neglect, as well as raising ethical and legal considerations for professionals.
Background
Mandated reporting laws in the United States can be traced back to the early 1960s, when states mandated that physicians inform officials about suspected child maltreatment. A broader spectrum of professionals, including educators, social workers, and law enforcement personnel, is now covered by mandatory reporting regulations. The fundamental motivation behind the creation of mandatory reporting regulations was the desire to keep children safe (Hixenbaugh et al., 2022). The goal of mandating reporting of potential child maltreatment by professionals was to increase the number of children who could be found in time to save them. Professionals such as doctors, nurses, social workers, educators, daycare providers, and police officers are often required by law to report suspicious or criminal behavior against children.
While the specifics of each state’s mandatory reporting laws can vary widely, all of them compel specific specialists to report suspected incidents of child abuse or neglect to a designated agency or authority. Experts in the medical, educational, and social fields who interact with children are among those mandated by law to report instances of suspected abuse or neglect (Tonmyr et al., 2018). The sorts of abuse or neglect that must be reported in accordance with mandatory reporting legislation also vary widely. The law may oblige professionals to disclose any suspicion of abuse or neglect in certain places, while in others, they may only be obligated to report specific forms of abuse or neglect, such as physical or sexual.
Legislation
In the United States, mandatory reporting laws have been developed and implemented with significant input from the federal government. The first comprehensive system for reporting and investigating instances of child abuse and neglect was put in place in 1974 with the passage of the Child Abuse Prevention and Treatment Act (CAPTA) (Liu & Vaughn, 2019). This act mandated that each state create its own reporting laws and agencies and educate its citizens and workforce on how to recognize and report cases of child abuse (Hixenbaugh et al., 2022). In 2003, President Bush signed into law the Keeping Children and Families Safe Act (KCFSA), which reauthorized and enlarged CAPTA (Liu & Vaughn, 2019). In response to KCFSA’s mandates, states set up a single hotline to alert officials to possible cases of child maltreatment.
Additionally, each state has a unique set of rules and legislation that specify the types of information that must be reported, the manner in which those reports must be submitted, and the consequences for failing to submit the required reports. In Maine, mandated reporting is governed by Title 22, Section 4011-A of the Maine Revised Statutes (Maine Legislature, 2019). Each professional who comes into contact with children, including teachers, doctors, social workers, and police officers, is obligated by law to report any suspicion of child abuse or neglect to the Department of Health and Human Services (DHHS) within 24 hours of learning of the abuse or neglect (State of Maine Department of Health and Human Services, n.d.). The legislation protects anyone who reports suspected cases of abuse or neglect from any legal repercussions, both civil and criminal. Mandated reporters in Maine can reach out to the state’s Department of Health and Human Services (DHHS) for support in the form of a toll-free hotline and an online reporting system.
Social and Cultural Norms and Mandated Reporting
The way professionals approach mandatory reporting is heavily influenced by social and cultural norms. Mandatory reporting raises a host of challenging ethical and legal questions for professionals who serve vulnerable groups like children, the elderly, and people with disabilities. Concerns regarding privacy, confidentiality, and the potential for harm from reporting arise despite the fact that compulsory reporting is designed to protect vulnerable populations (Tonmyr et al., 2018). Working with marginalized communities requires professionals to be cognizant of how social and cultural norms shape how people experience and react to abuse and neglect.
The need for confidentiality is a serious obstacle to mandatory reporting. Relationships between clients and mandated reporters, like therapists and counselors, are typically close and founded on trust and confidentiality. Mandated reporters’ reactions to allegations of abuse or neglect may also be influenced by prevailing social and cultural norms.
For instance, mandated reporters may feel uncomfortable interfering in family matters or going against cultural standards when they suspect child abuse or neglect (Tonmyr et al., 2018). In a case study by Pickover et al. (2017), a clinical supervisor working with a mandated reporter was struggling with ethical dilemmas related to mandated reporting. A mental health counselor who discovered that one of her clients had physically assaulted her child was required by law to file a complaint (Pickover et al., 2017).
However, the disclosure had occurred in the context of treatment, and the mandated reporter was conflicted about whether to report the abuse or not. The case illustrates the need for thoughtful evaluation of the potential repercussions of reporting, as well as the complexity of the ethical considerations that can arise in situations requiring mandatory reporting. Mandatory reporters need to examine their own cultural preconceptions and biases, and be ready to communicate and make decisions that take cultural context into account.
Similarly, the other challenge of mandated reporting can be seen in the case of a 9-year-old boy. Maggie, the school counsellor, planned to report the issue to the authorities after she became concerned that the boy was having oral sex with the uncle (Pickover et al., 2017). Unfortunately, it took months for Maggie to report the issue after meeting the mother.
Due to a snow day and the fact that there were no classes that day, Maggie had intended to wait until she had the child’s school file in front of her before reporting the abuse (Pickover et al., 2017). Following up once more, the instructor discovered Maggie had once more neglected to file a report. The instructor warned Maggie that her acts were illegal and unethical, endangered the child’s safety, and endangered the supervisor’s license, as well as Maggie’s school and restricted licenses.
Personal Opinion/Position
In my opinion, mandated reporting laws are a necessary tool in the fight against child abuse and neglect. The potential detrimental impact on families is just one of the challenges with mandatory reporting, but the advantages of these regulations far outweigh the drawbacks. Children benefit from mandatory reporting laws because they provide accountability for those who would harm them. The number of children found and saved from abusive or neglectful situations increases when professionals are required to report suspicions of such illegal treatment of underage children. Therefore, it is essential to ensure a fair and equitable implementation of mandatory reporting regulations.
Conclusion
In conclusion, the mandatory reporting of abuse, neglect, and exploitation is a vital measure for safeguarding vulnerable populations. It does, however, provide some moral and legal challenges for the experts engaged. Professionals can better deal with these situations if they have an awareness of the background, legislation, and social/cultural norms surrounding mandatory reporting. Because of this, they may be assured that they are meeting their ethical responsibilities to their customers, patients, or students while also doing the right thing by those they are entrusted to safeguard.
References
Hixenbaugh, M., Khimm, S., Philip, A. (2022). Mandatory reporting was supposed to stop severe child abuse: It punishes poor families instead. NBC News. Web.
Maine Legislature. (2019). Reporting of suspected abuse or neglect. Web.
Pickover, S., Golomb, S., & Bennett-Garraway, J. (2017). Case examples in clinical supervision: The challenge of mandated child abuse reporting. The Practitioner Scholar: Journal of Counseling and Professional Psychology, 6(3), 1-12. Web.
Liu, B. C. C., & Vaughn, M. S. (2019). Legal and policy issues from the United States and internationally about mandatory reporting of child abuse. International journal of law and psychiatry, 64, 219-229. Web.
State of Maine Department of Health and Human Services. (n.d.). Mandated reporter information. Web.
Tonmyr, L., Mathews, B., Shields, M. E., Hovdestad, W. E., & Afifi, T. O. (2018). Does mandatory reporting legislation increase contact with child protection? –A legal doctrinal review and an analytical examination. BMC public health, 18(2), 1-12. Web.