Mandated Reporting

 


For your protection and that of youth with whom you are involved with in your role as parent, teacher, or anyone working in the helping professions, it is important for you to know and understand mandated reporting requirements. If you are involved with children, then you have a moral and/or legal obligation to protect them. If you are a mandated reporter, then, depending on your state, failure to report can result in your incarceration.

In their article, Lawrence, Levin, Jhai, Brady, and Lyon (2015) review the impact of child maltreatment within this society. They found that by the age of 18, one in eight children is a victim. They emphasize the tremendous social consequences, including long-lasting physical and mental harm to the victims. In addition, there is the financial cost of maltreatment, which costs $124 billion annually just in the United States. To reduce the impact of abuse, there are mandating reporting regulations in all states affecting almost everyone who works with children.

Why would a child report abuse or the fear of abuse? The authors concluded that a child’s main purpose in disclosing maltreatment is to protect themselves and other victims from further harm. They believe that since children are most often mistreated by their caretakers, they do not want their disclosures to lead to criminal action against a parent. Lawrence et al. (2015) assume that mandatory reporters act with the primary purpose of protecting children. 

Another issue is the effect to the therapeutic process. Brown and Strozier, (2004) found no empirical evidence demonstrating that mandated reporting was an effective intervention for child abuse. They claimed that little research has been completed on the effects of mandated reporting on therapy with the family. Possibly as a result, Krase and DeLong-Hamilton (2015) found that the failure to report suspicions of child abuse to the appropriate authorities is a worldwide problem. They also report research demonstrating that professionals in the U.S. fail to report more than half of their suspicions of child abuse and neglect as required. According to the authors, one of the main factors behind the failure to report was the professionals’ perception of inadequate training and/or preparation. To facilitate the decision whether to report, reporters are required only to report suspected abuse and do not have to investigate. Regulations are not as clear with regards to fear of potential abuse.

Further complicating the reporting requirements is the fact that psychologists or anyone working in the helping profession are constantly dealing with the unknown. Balmforth and Elliott (2012) describe participation in therapy as an opportunity for a client to express thoughts and feelings that have not previously been expressed since only within the therapeutic relationship was there a guarantee of confidentiality. A psychologist must weigh all factors to determine whether this belief should be abrogated.


defend the application of the mandated reporting laws in the following scenario. Be sure to carefully review the following scenario before responding.

Scenario

Joseph, a 14-year-old student, has recently been referred for a psychoeducational evaluation by his high school. His parents, concerned about his academic performance and the potential of him failing some classes, requested the evaluation to determine if learning problems might be a factor. The school provided Joseph’s parents with an informed consent form, detailing the assessments to be administered, including measures of general ability, memory functions, abstract reasoning, neuropsychological functioning, and academic achievement. After reviewing and understanding the scope of the evaluation, Joseph’s parents signed the informed consent form, and the evaluation was conducted, resulting in a written report of the results.

Shortly after receiving the report, Joseph’s parents were visited by protective services. During the evaluation, Joseph had introduced the topic of sexual orientation and confided to school personnel that his father would probably “kill him” if he found out about Joseph’s sexual orientation. Upon learning of the involvement of protective services, Joseph’s parents become furious and threaten to sue the school district.


As the principal of Joseph’s school, your task is to write a letter to Joseph’s parents defending the actions of the assessment team. Your letter should address the following points:

State Mandatory Reporting Laws:

Explain the mandatory reporting laws of your state that apply to this situation.

Clarify why the assessment team’s decision to report the disclosure to protective services was not optional, but a legal requirement.

Justification of the Assessment Team’s Actions:

Provide a rationale for the assessment team’s decision to report Joseph’s disclosure, emphasizing their concern for his health and safety.

Discuss the implications of Joseph’s statement about his father, and why it necessitated immediate action.

Informed Consent Considerations:

Address the issue that Joseph’s disclosure occurred outside the scope of the informed consent form.

Justify that, despite this, the school had a legal and ethical obligation to act on the information once it was disclosed.

Ethical Framework:

Cite relevant sections of the APA Code of Ethics regarding informed consent and disclosures to support the assessment team’s actions.

Mitigating the Risk of a Lawsuit:

Craft your letter to reduce the likelihood of the parents pursuing legal action. Be empathetic and informative, emphasizing the protection and well-being of their child, while also being clear, respectful, and firm in defending the school’s actions.

 

State Mandatory Reporting Laws

 

In [Your State—e.g., California, Texas, etc.], the law is explicit regarding the reporting of child abuse and neglect. State statute [Substitute with a relevant state statute example, such as "Education Code § 11165.7" or "Child Protective Services Law § 6311"] designates all school employees, including teachers, administrators, and assessment personnel, as Mandated Reporters.

 

Clarification of Legal Requirement

 

Mandated reporters are legally required to report to the appropriate authorities—Child Protective Services (CPS) or law enforcement—whenever they have a reasonable suspicion that a child is being abused, neglected, or is at risk of serious harm.

The assessment team's decision to report Joseph’s disclosure was therefore not optional but a legal requirement. The law mandates reporting of suspected abuse or risk, and does not require us to conduct an investigation or determine the certainty of the threat. Failure to report a suspicion of harm by a mandated reporter can result in severe legal consequences, including criminal charges. Our staff acted immediately and responsibly to fulfill this non-negotiable legal duty.

 

🛡️ Justification of the Assessment Team’s Actions

 

Joseph's statement to school personnel—that his father would probably “kill him” if he discovered Joseph’s sexual orientation—is an explicit verbalization of fear of imminent, life-threatening harm from a caretaker.

 

Concern for Health and Safety

 

Our assessment team is trained to recognize disclosures that indicate a credible threat to a child's safety. Joseph’s statement went far beyond typical teenage emotional expression. It described a potential outcome of homicide directly linked to a characteristic of your son. Given the seriousness of this threat, the team had an overriding professional and humanitarian obligation to ensure Joseph's safety by notifying Protective Services, who are best equipped to assess the risk and intervene to prevent potential tragedy.

We acknowledge that this statement occurred within the context of an evaluation. However, once information is disclosed that suggests a risk of serious physical harm or death, our duty shifts instantly from the academic assessment to the preservation of life.

 

📝 Informed Consent Considerations

 

The signed informed consent form authorized the school to conduct the psychoeducational evaluation and use the results to inform his academic program. You are absolutely correct that Joseph’s disclosure about his fear was outside the stated scope of the evaluation’s intended purpose.

 

Legal and Ethical Obligation to Act

 

However, informed consent for an academic assessment does not override state laws requiring the reporting of child abuse or imminent danger.

The signed consent form contained—or should have contained—language regarding the limits of confidentiality, stating that information must be disclosed if required by law or if there is a threat of serious harm to the student or others. Even if that language was unclear, the legal obligation to report supersedes the scope of the consent form once a life-threatening disclosure is made. The ethical principle of Beneficence—doing good and taking steps to prevent harm—demanded immediate action to protect Joseph.

 

📜 Ethical Framework

 

The actions of the assessment team are fully supported by the ethical standards that govern licensed professionals, such as those detailed in the American Psychological Association (APA) Code of Ethics, which many school professionals follow.

 

Confidentiality and Disclosure

 

While Standard 4.01, Maintaining Confidentiality, is paramount, this standard is explicitly limited by Standard 4.05, Disclosures. This standard permits and, in the case of mandated reporting, requires the disclosure of confidential information:

Standard 4.05 (a): Psychologists may disclose confidential information without the consent of the individual only as mandated by law.

Standard 4.05 (b): Psychologists may disclose confidential information where permitted by law for a valid purpose, such as to protect the client or others from harm.

Sample Answer

 

 

 

 

 

 

Mr. and Mrs. [Parent Last Name],

I am writing to you as the Principal of [School Name] to address your concerns regarding the recent involvement of Protective Services following the psychoeducational evaluation of your son, Joseph. I understand your anger and frustration upon learning of this action, and I want to assure you that the decision to report was not made lightly. Our primary goal, at all times, is the protection and well-being of every student entrusted to our care.

The actions taken by the assessment team were not discretionary, but rather a direct fulfillment of our legal and ethical obligations as educators and mandated reporters. I hope this letter will clearly explain the framework governing our actions and mitigate your concerns.