What is a Mandated Reporter?

There has been much discussion about what teachers, preschool or otherwise, are required to do when they suspect abuse.  Many people aren't aware of what the specific requirements are.  Every state has mandated reporter laws.  In California, when you are employed by a school, and various other entities, you are required to sign a Statement Acknowledging Requirement to Report Child Abuse form (LIC 9108).  On this form, each employee of a licensed child care center is acknowledging that they are REQUIRED to report abuse.  It also states that a person is required to report when he or she "knows or reasonably suspects" that a child has been a victim of abuse.  Those abuses can be, physical injury (inflicted by other than accident), sexual abuse, neglect, willful harming and endangering, and unlawful corporal punishment (not including parental spanking with an open hand).   The form also informs the employee that they must report to a law enforcement agency or a child welfare agency.  The Department of Social Services would fall into this category.  All mandated reporters are also granted immunity from civil and criminal liability for reporting.  Their identity is also supposed to be confidential.  A violation of confidentiality is a misdemeanor offense.  The penalty for NOT reporting abuse is also a misdemeanor and is punishable by up to 6 months in jail, a fine of $1000 or both.

Detailed reference material regarding child care centers and reporting guidelines can be found in this July 1999 update.

Child abuse is an all too real problem.  The California Department of Social Services has a pamphlet entitled, 20 Facts About Child Abuse and Neglect. Some of the facts are very pertinent to mandated reporter requirements.

In California, mandated reporters are required to report child abuse and neglect. Mandated reporters are those who come into contact with children through their employment

This means all school employees of both private and public schools.

Only Child Protective Services or a law enforcement agency may conduct an investigation into suspected abuse or neglect.

Many people are under the mistaken assumption that reporting to a supervisor fulfills their reporting requirement.  This simply isn't true.  The mandated reporter MUST report to law enforcement, Child Protective Services, or the Department of Social Services.  Internal investigations are not allowed.  However, if an employee reports suspicions to a supervisor, that supervisor is also required to report.

Reporting child abuse or neglect only requires “reasonable suspicion” and does not automatically mean the child will be removed from the home.

This is another difficult one.  It really puts a mandated reporter in an awkward place.  Even if he/she hasn't actually witnessed an event, they are still required to report if they are suspicious of abuse.  They are supposed to allow the appropriate agency do an investigation and not try to figure it out for themselves.

Neglected or sexually abused children may not show physical signs of harm.

How I wish it were this clear cut.  Unfortunately, many victims of neglect, physical and sexual abuse appear outwardly normal.  The signs aren't necessarily right out there for all to see.  This makes the mandated reporter's job that much harder.

It is against the law to knowingly make a false report of child abuse or neglect.

As it should be.  To knowingly, falsely accuse someone is indeed a terrible thing.  This also does not mean that if a teacher had a suspicion, that turned out to be wrong, that they should be criminally prosecuted.  For example, if a teacher noticed one of their students was covered in bruises that the child couldn't or wouldn't account for.  They had concerns.  They are required to report to the appropriate agency.  The agency investigates and finds out that the child recently started football.  Or has a medical condition that causes them to bruise easily.  The complaint is cleared and everyone moves on.  The teacher acted in the best interests of the child.  The complaint turned out to be unfounded, but the teacher did the correct thing.

Mandated reporters are an important advocate for children.  The laws and requirements are in place to help keep children safe.  Unfortunately not many people realize the heavy burden a mandated reporter carries.  They have to look after the best interests of the children in their care.  Sometimes that means they have to act on their suspicions and file a report.  It is a tough situation to be in.  It is one I hope I never have to experience.