The Evolution Of Mandated Reporting: A Legal Journey

Mandated reporting laws were adopted in the United States in the mid-1960s, with state laws requiring specific professionals such as physicians and teachers to report suspected child abuse. In 1974, the Child Abuse Prevention and Treatment Act (CAPTA) was passed, which set federal standards for mandatory reporting and encouraged states to implement their own laws to be eligible for grants. While CAPTA only required mandatory reporting laws for children, most states also extended this to vulnerable adults. As of 2019, all US states have statutes identifying persons required to report suspected child maltreatment, with approximately 48 states mandating specific professions such as social workers, teachers, physicians, and law enforcement officers to be mandated reporters.

The Child Abuse Prevention and Treatment Act (CAPTA)

CAPTA was designed to address rising concerns over children being hurt in their homes, and its primary impact was setting federal standards for what would become the primary policy approach to addressing child abuse: mandatory reporting. The Act encourages states to focus on surveillance, investigation, prosecution, and family separation, rather than on the provision of community- and family-strengthening resources.

The Act requires states to have mandatory reporting laws in place to receive federal funding for child welfare. However, it leaves states with discretion over which individuals should be mandated reporters. In many states, mandated reporters include people with professions involving children, vulnerable adults, and emergency services (e.g. teachers, physicians, and police officers). In other states, all adults are considered mandated reporters, regardless of their profession. While CAPTA only requires mandatory reporting laws for children, most states also extend this to vulnerable adults due to disability, mental illness, or old age.

CAPTA has been amended several times and was last reauthorised in 2010. Although this reauthorisation expired in 2015, Congress has continued to fund CAPTA programs without reauthorisation.

The expansion of reporting systems

While the expansion of reporting systems has resulted in a higher volume of reports and investigations, critics have raised concerns about the effectiveness and potential negative consequences of these developments. They argue that the focus on reporting and investigation may divert resources from prevention and treatment initiatives. Additionally, there are worries that mandatory reporting disproportionately targets disadvantaged and marginalised communities, including poor families and families of colour. Furthermore, the increase in reports and investigations may overload the child welfare system, leading to unnecessary interventions and separations of children from their families.

Mandatory reporting in the US

In the US, a mandated reporter is a person who is required by law to report suspected abuse or neglect of a child or vulnerable adult to Child Protective Services (CPS) or Adult Protective Services. If they fail to do so, they may be subject to civil and criminal penalties.

The concept of mandatory reporting was first introduced in the 1960s, with state laws requiring specific professionals such as physicians and teachers to report suspected child abuse. This followed the 1962 publication of "The Battered Child Syndrome" by US doctors C. Henry Kempe and Brandt Steele, which helped doctors identify child abuse and its effects. The publication changed prevalent views in the US, where child abuse was previously seen as uncommon.

In 1974, the Child Abuse Prevention and Treatment Act (CAPTA) was passed by Congress and signed into law by President Richard Nixon. CAPTA provides funds to states for the development of CPS and hotlines to prevent serious injuries to children. It also encouraged states to implement mandatory reporting laws to be eligible for grants. As a result, states revised their statutes to meet the requirements of CAPTA.

While CAPTA only requires mandatory reporting laws for children, most states have extended this to vulnerable adults, including those with disabilities, mental illnesses, or elderly individuals. The criteria for reporting vary significantly based on jurisdiction, with some states considering all adults as mandated reporters, regardless of their profession.

As of 2019, all 50 states, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the US Virgin Islands have statutes identifying persons required to report suspected child maltreatment. Approximately 48 states and other US territories designate specific professions that are mandated by law to report child maltreatment, including teachers, physicians, police officers, counsellors, and social workers.

Despite its widespread enactment, mandatory reporting has faced criticism. Some argue that it contributes to overloading the child welfare system and exacerbates unnecessary investigations and separations of children from their parents. Additionally, it has been criticised for disproportionately affecting African-American families and creating unintended consequences for individuals accused of abuse, who may be placed on registries that limit educational and employment opportunities.

Mandatory reporting in other countries

Mandatory reporting laws exist in many countries outside of the United States. A large majority of European countries (86%) have some form of mandatory reporting, 77% of African countries, 72% of Asian countries, and 90% of countries in the Americas. Here are some examples of mandatory reporting laws and their characteristics in different countries:

Australia

In Australia, the Northern Territory requires all citizens to report suspected child abuse, while the other states and territories have mandatory reporting laws for designated work roles.

Brazil

Brazil has a mandatory reporting system for child maltreatment that is enforced by the health and educational systems. Notification is mandatory in the health system, in schools, and by the Child Protection Councils (CPC) network present in many municipalities. However, the absence of national prevalence surveys makes it difficult to determine the actual incidence of abuse.

Canada

Canada imposes a mandatory reporting requirement on all citizens, except in the Yukon Territory, where it is restricted to those who come into contact with children in their professional roles.

Malaysia

The Child Act 2001 in Malaysia requires any medical officer, medical practitioner, childcare provider, or family member to report suspected child abuse or neglect to the appropriate child protection authority. Failure to do so can result in criminal charges.

South Africa

South Africa's Children's Act of 2005 mandates that a wide range of professionals, including medical practitioners, teachers, social workers, and religious leaders, must report suspected child abuse or neglect. Additionally, the Sexual Offences Act of 1957 compels all citizens who are aware of the sexual exploitation of children to report it to the police.

United Kingdom

Under UK law, only local authority social workers, health and social service board social workers in Northern Ireland, and the police have a duty to report suspicions that a child is in need of care and protection. Other professionals, such as teachers and medical staff, are expected but not legally required to report under local child protection guidelines and professional codes of conduct.

These examples demonstrate that mandatory reporting laws vary across different countries and jurisdictions, reflecting the complexities of addressing child abuse and neglect on a global scale.

Criticisms of mandatory reporting

Mandatory reporting has been criticised for its potential to cause harm to children and families, particularly those from marginalised backgrounds.

Overburdening the Child Welfare System

Mandatory reporting has been criticised for overloading the child welfare system with unsubstantiated reports, wasting resources, and reducing the quality of service given to children and families. Critics argue that the increased workload has a ripple effect, resulting in a reduction in the quality of service delivery and resources for vulnerable families.

Lack of Evidence

Some critics argue that mandatory reporting laws were passed hurriedly and without evidence that they were effective. There is no statistical evidence that states with more expansive mandatory reporting laws protect children better than those with more restrictive definitions.

Unnecessary Investigations

Mandatory reporting may result in unnecessary investigations that can traumatise children and disrupt families, even if allegations are dismissed. Critics argue that long, repeated interrogations and physical examinations can leave emotional scars, and that accusations of wrongdoing can evoke feelings of powerlessness, inadequacy, and depression.

Disproportionate Impact on Marginalised Communities

Mandatory reporting has also been criticised for disproportionately affecting African-American families and families of colour, and often making children less safe by removing them and placing them in unsafe situations.

Unintended Consequences for the Accused

Mandatory reporting laws have had unintended consequences for the accused. Individuals, including juveniles, who have never been convicted of anything may be placed on child abuse registries for decades, limiting educational and employment opportunities due to background checks.

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