how to explain a patient why a mandated reporter has to be made to report abuse

by Ms. Pinkie Wehner 9 min read

What Is Mandated Reporting? - Verywell Mind

23 hours ago  · According to the National Association of Mandated Reporters (NAMR), mandated reporters are "people required by law to report suspected or known instances of abuse," including "known or suspected abuse or neglect relating to children, elders, or dependent adults." Intimate partner violence (IPV) and the abuse of both dependent adults and adults with disabilities also … >> Go To The Portal


What is a mandated reporter for child abuse?

Mandated reporters may report suspected child abuse, elder abuse, or vulnerable adult abuse. Abuse can include physical, sexual, or emotional abuse (though many states do not include emotional abuse under mandated reporting laws), neglect, and exposure to unsafe environments, such as drug use or domestic violence .

What is mandated reporting in psychiatry?

Steven Gans, MD is board-certified in psychiatry and is an active supervisor, teacher, and mentor at Massachusetts General Hospital. Mandated reporting refers to the legal obligation to report abuse. Mandated reporters are individuals or agencies that are legally required to make these reports.

Do nurses have a legal responsibility to report abuse?

Individual state governments dictate a nurse's legal responsibility to report suspected abuse. The facility, agency, or organization employing the nurse may also have its own internal documentation and reporting policies as well. What types of abuse are nurses mandated to report?

What is abuse and how to report it?

Abuse can include physical, sexual, or emotional abuse (though many states do not include emotional abuse under mandated reporting laws), neglect, and exposure to unsafe environments, such as drug use or domestic violence . Mandated reporters typically do not investigate suspected abuse; rather, their obligation is to report their suspicions.

What types of abuse need to be reported?

that California law requires mandatory reporting of known or suspected:• Child abuse and neglect.• Elder and dependent adult abuse.• Domestic violence.

Which of the following types of reports must be reported by the child welfare agency to the CACI?

“What Must be Reported to CACI?” The law requires child welfare agencies to make a CACI report to the CA DOJ whenever they substantiate an allegation of 1) physical abuse, 2) sexual abuse, 3) mental abuse, or 4) severe neglect.

Which of the following Georgia Code sections defines mandated reporters?

Requirements for mandatory reporters can be found in O.C.G.A. § 30-5-4(for individuals living in the community) and O.C.G.A. § 31-8-82 (for individuals living in a long-term care facility). Mandated reporters are required to report abuse, neglect, and exploitation when they have a reasonable cause to believe.

What is a mandated reporter in California?

Mandated reporters are required by the state of California to report any known or suspected instances of child abuse or neglect to the county child welfare department or to a local law enforcement agency (local police/sheriff's department).

What are 5 protective factors?

Five Protective Factors are the foundation of the Strengthening Families Approach: parental resilience, social connections, concrete support in times of need, knowledge of parenting and child development, and social and emotional competence of children.

Which of the following is the best response for reporting suspected abuse?

In the case of an emergency, call 911. – If child abuse is occurring, call 911 immediately. – If you suspect or know of child abuse, call local police or child services.

Which type of law or laws can contain mandatory reporting requirements?

The Federal Child Abuse Prevention and Treatment Act (CAPTA) requires each State to have provisions or procedures for requiring certain individuals to report known or suspected instances of child abuse and neglect. 1 For this publication, information regarding mandatory reporting laws was collected for all States.

What is mandated reporting in Georgia?

Mandated Reporter If you are one of the following people and have reasonable cause to believe that a child has been abused, you must make a report, immediately but no later than 24 hours, to your local DFCS office or law enforcement and are subject to criminal penalty for failing to do so.

What does a mandated reporter have to report in GA?

Georgia requires the reporting of “suspected child abuse,” including physical abuse, neglect, sexual abuse, sexual exploitation, and endangering a child.

Which behavior could be reason to suspect abuse?

That's why it's vital to watch for red flags, such as: Withdrawal from friends or usual activities. Changes in behavior — such as aggression, anger, hostility or hyperactivity — or changes in school performance. Depression, anxiety or unusual fears, or a sudden loss of self-confidence.

Who are mandatory reporters of elder abuse in California?

Mandated reporters are healthcare providers, licensed or unlicensed social service providers for vulnerable adults, paid or unpaid caretakers, care custodians, the clergy, and other professionals in a position of trust who suspect elder or dependent adult abuse or neglect, including self-neglect.

Does emotional abuse need to be reported?

Especially in cases of child abuse, doctors, teachers, social workers and others who have direct contact with children have a legal obligation to report child abuse, including emotional abuse. (In some states, everyone is a mandatory reporter when it comes to child abuse.)

Why is mandatory reporting important in nursing?

As the largest segment of the healthcare workforce, nurses are the lifeblood of the healthcare system. The most trusted profession in the U.S. as e...

What is the nurse's responsibility if there is a suspicion of abuse?

Individual state governments dictate a nurse's legal responsibility to report suspected abuse. The facility, agency, or organization employing the...

What types of abuse are nurses mandated to report?

Depending on state regulations, nurses must report a variety of cases, including elder abuse, child abuse and neglect, the abuse of persons with di...

How should the nurse documented the abuse?

Documentation of actual or suspected abuse is a crucial action to be taken by a nurse. A nurse must state the facts of the case and leave all feeli...

What is considered a failure to provide necessary food, shelter, supervision?

Neglect typically includes the following categories: Physical: failure to provide necessary food, shelter, supervision. Medical: failure to provide necessary medical or mental health treatment or withholding medically indicated treatment from a child with life-threatening conditions. Educational: failure to educate a child or attend ...

What is emotional abuse?

Emotional Abuse. Emotional or psychological abuse is behavior that impairs a child's emotional development or sense of self-worth. Examples may include constant criticism, threats, rejection, or withholding love, support, or guidance.

What is child abuse?

Federal Child Abuse Definitions. The Federal Child Abuse Prevention and Treatment Act (CAPTA), as amended and reauthorized by the CAPTA Reauthorization Act of 2010, defines child abuse and neglect as, at a minimum: "any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, ...

What is parental substance use?

Parental Substance Use. Many states include parental substance use in their definition of child abuse or neglect and related circumstances such as: exposing a child to harm prenatally (mother's use of substances or illegal drugs) manufacturing methamphetamine in the presence of a child.

What are the types of physical abuse?

Physical abuse is a non-accidental bodily injury to a child caused by a parent, caregiver, or another person responsible for a child. Injuries from physical abuse could range from minor bruises to severe fractures or death. Physical abuse can include: 1 punching 2 beating 3 kicking 4 biting 5 shaking 6 throwing 7 stabbing 8 choking 9 hitting (with hand or other object) 10 burning 11 otherwise causing physical harm

Is poverty considered child abuse?

Living in poverty is not considered child abuse or neglect; however, if a family's failure to use available resources puts the child's health or safety at risk, child welfare intervention could be required.

Is a child a victim of sex trafficking?

Additionally, federal law stipulates that "a child shall be considered a victim of 'child abuse and neglect' and 'sexual abuse' if the child is identified, by a state or local agency employee of the state or locality involved of being a victim of sex trafficking.

What is a Mandated Reporter?

Mandated reporters have an individual duty to report known or suspected abuse or neglect relating to children, elders, or dependent adults.

Types of Abuse and Who is Required to Report

The Federal Child Abuse Prevention and Treatment Act (CAPTA) requires each State to have provisions or procedures for requiring certain individuals to report known or suspected instances of child abuse and neglect.

Join NAMR: Abuse Stops with Us

Mandated reporters who are legally required to report suspected abuse of children or adults are in a unique position to protect the most vulnerable of our populations.

What happens if you don't comply with mandatory reporting?

Failure to comply with the mandatory reporting requirements can not only result in criminal penalties, but they can also subject a child to continued abuse or neglect. If you have questions about the mandatory reporting laws in your state, it's in your best interest to speak with an experienced criminal defense attorney near you.

What are the requirements for reporting a child?

Situations in which mandatory reporters must report vary depending on state mandatory reporting laws. However, according to the HHS, there are typically two standards as to when a report should be made: 1 When the reporter has reason to believe or suspects that a child has been abused or neglected. 2 When the reporter sees a child being subjected to harm or knows of conditions that would reasonably result in harm to the child.

How many states have mandatory reporting laws?

According to information provided to the U.S. Department of Health and Human Services (HHS), there are 48 states that have mandatory reporting laws requiring certain people to report child abuse and neglect. These individuals are usually people who have frequent contact with children because of their occupation.

Does child neglect cover child abuse?

However, it's important to remember that many of these laws also cover child neglect. In some states, these laws require that people in certain professions report child abuse and neglect to a proper authority, such as a law enforcement agency or child protective services.

The Elephant in the Room

However, even in the most engaged, collaborative family, there always seemed to be an elephant in the room in the beginning stages of engagement. At the beginning, one of the items I discussed with the families was mandated reporting.

Making a Report

The first time I had to report one of my families, however, I felt anything but fine. As I mentioned, I had worked with families and children in different settings before, and I had made reports of suspected abuse or maltreatment while in these settings.

Reflections on Reporting

The report was accepted, and as I hung up the phone, I felt a rush of mixed feelings. I felt guilty—extremely guilty—feeling as though I had betrayed a family with whom I had worked so hard to build a relationship.

When a mandated reporter has reasonable cause to believe that abandonment, abuse, financial exploitation, or neglect of

When a mandated reporter has reasonable cause to believe that abandonment, abuse, financial exploitation, or neglect of a vulnerable adult has occured, he or she must immediately submit a report to the department.

What is a mandated reporter?

A "mandated reporter" is: An employee of the department; Law enforcement officer; Social worker; Professional school personnel; Individual provider; An employee of a facility* (generally, a setting licensed by the department);

Is a report to law enforcement required?

There are circumstances where a report to law enforcement is not required, see RCW 74.34.035. A mandated reporter is not required by statute to report self-neglect by a vulnerable adult. However, reporting is encouraged to facilitate possible intervention. Report by phone: 1-877-734-6277*. (TTY) 1-800-977-5456.

Why do mandated reporters have to tell their family?

Mandated reporters can choose to tell the family that they have called the Hotline and the reasons for their decision. This disclosure may help maintain a relationship between the mandated reporter and the child‘s family, especially when there is on-going contact. By disclosing, you can maintain credibility and the trust of the family.

What is CPS recommendation?

CPS recommendations – CPS advises against telling the family IF: The report involves sexual abuse. The family’s knowledge of the report could impair the CPS investigation by limiting CPS’s ability to gather information from the child and/or family members. The family’s knowledge of the report would result in immediate danger ...

Does a supervisor have to disclose to the family?

Your supervisor may have additional concerns about disclosure: Your agency may have a specific policy that includes disclosure to the family as part of an ongoing helping relationship. Your agency may prohibit disclosure to the family.

Do you have to tell your family about a CPS report?

You are not required by law to tell the family that you have made a report to the Hotline. In fact, CPS is mandated by law to protect your confidentiality after you make a report.