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Mandatory Reporting Laws of Child Maltreatment

Every U.S. state has laws mandating that professionals, and in some states laypersons, report cases of suspected child abuse and neglect. It is the responsibility of Child Protective Services (CPS) to respond to these reports by investigating their validity, assessing the risk to the child, and developing a course of action to both protect the child and strengthen the family. Initially, these mandatory reporting laws focused only on medical personnel, but the list of professionals required to report has grown in recent years, as has the list of abusive behaviors they must report. Mandatory reporting legislation has been instrumental in drawing attention to the problem of child maltreatment and has been heralded as a triumph in protecting children. Such laws, however, are also associated with a number of unintended consequences. In this entry, the history of child maltreatment mandatory reporting laws is discussed, as are the characteristics of mandatory reporting and its impact.

History of Child Maltreatment Mandatory Reporting Laws

Following the publication of R. S. Kempe's work identifying the battered child syndrome in 1962, the U.S. Children's Bureau adopted the first laws mandating that physicians report any known cases of child abuse and neglect. Between 1963 and 1967, all jurisdictions in the United States passed statutes requiring certain professionals to report suspected cases of child maltreatment. Over time, research about the problem of child maltreatment mounted, leading to broader definitions and greater awareness that a number of different professionals were in a position to identify and report abuse. The Child Abuse Prevention and Treatment Act of 1974 (PL. 93-247) provided federal child protection funds for states that changed existing mandatory reporting laws to conform to federal standards. By the mid-1980s, doctors, nurses, social workers, mental health professionals, and teachers and other school staff were all required to report suspected physical, sexual, or emotional child abuse.

Currently, reports of child maltreatment are made either to states' local child protective services agencies, law enforcement agencies, or central state registries. Most states require reporters to contact appropriate agencies immediately after suspicion is raised, and many states also require a written report to follow within a specific time period, usually 24 to 48 hours. To encourage reporting and to reduce legal impediments to reporting, all states provide for some type of immunity from civil or criminal action to mandated reporters who make a report in good faith with the intention of protecting a child. In addition, other provisions protect reporters such as exceptions to required confidentiality in situations of suspected maltreatment and the requirement that only a reasonable suspicion is necessary to make a report. There is also the possibility of legal penalties for professionals who fail to report suspected cases of child maltreatment.

Characteristics of Mandated Reports

Each year the National Child Abuse and Neglect Data System collects annual data on child abuse and neglect reports accepted by CPS. In 2003, CPS agencies received approximately 3 million referrals of abuse or neglect. The agencies accepted approximately two thirds of these referrals for investigation or assessment. Of these accepted reports, 57% came from professionals such as educational personnel (16%), legal or law enforcement personnel (16%), social service personnel (12%), medical personnel (8%), and others (5%). The remaining 43% of reports came from nonprofessional sources including anonymous reports (9%), parents (7%), other relatives (8%), friends or neighbors (6%), alleged victims or perpetrators (1%), and other sources (12%).

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