What States Have Mandatory Reporting for Sexual Abuse?

Across the country, “mandated reporters” are required by law to report sexual abuse or physical abuse of children if they come across evidence of it as part of their job.  These rules help root out bad actors and protect children from the adults in their lives.  The specific requirements of these rules are different, however, from state to state.

Every state in the United States has at least some requirement for mandatory reporting, but the requirements are different.  We do have some federal laws, like Title IX, that require investigation and reporting when it comes to sexual abuse in schools, but this is technically separate from mandated reporter laws.  Instead, mandatory reporting is required of teachers, doctors, mental health workers (e.g., therapists and psychologists) across the country, while some states have more expansive requirements.

For help with a sexual abuse claim, call the lawyers for sexual abuse victims at The Law Office of Andrew Shubin today at (814) 826-3586.

Different Levels of Mandated Reporter Requirements

The most common requirement for mandated reporting is for certain professions to have to make reports if they come across information about child abuse, sexual abuse, or neglect.  Other states require everyone who has some sort of license to report abuse they come across.

Reporting Requirements for Particular Professions

According to mandatedreporter.com, 48 states (not including New Jersey and Wyoming) plus Washington, D.C., Puerto Rico, and a few other territories all list certain professions as “mandated reporters.”  These reporters must report information through the proper channels if their profession is one of those required.

This list of professions makes sense if you think about the fact that these are the jobs most likely to come across children in distress or danger.  As such, this requirement rests on teachers and daycare workers, as well as doctors, therapists, nurses, psychologists, EMTs, and other healthcare workers.

Strangely, medical examiners and coroners are also on this list, but that makes sense when it comes to punishing abuse that might not be discovered until a child has already passed.

Additionally, police and other law enforcement are required to report abuse.

Some states have other specific requirements as well, such as Pennsylvania’s laws requiring church workers and clergy to also make reports as mandated reporters.

Reporting Requirements for All Professions

The reason that New Jersey and Wyoming are excluded from the profession-by-profession requirements is because they instead require all professions to report abuse that they come across as part of their job.  This would expand the requirement from just these particular groups to jobs like school bus drivers, child custody lawyers, librarians, camp counselors, scout leaders, and others who might deal with children but might not already be included in the state’s other reporting laws.

What is Required When Making a Mandatory Report for Child Abuse/Sexual Abuse?

States, again, vary heavily in what is actually required when a mandated reporter makes a mandatory report.  In most cases, these reporters should have training as part of their licensure or professional training on what to do when they need to make a report, but if you are uncertain, there are always resources available from your state’s child and youth services, child protective services, or similar department.

Generally, the requirement to make a mandatory report kicks in when you discover information about child abuse as part of your job.  This often happens with teachers or child psychologists, who might have a child disclose to them that they are touched or hurt in a strange way.  If it is appropriate, you should try to gather information about the extent of what happened without potentially making things worse for the child in front of you.  If you can get the name of the alleged abuser and information about when and where the abuse took/takes place, this will be most helpful for your report.

To make a report, there is usually a hotline number for your state’s agency.  You simply need to call that number and make sure to answer questions and give all information you can give.  In some cases, especially for therapists and psychologists, you might have confidentiality requirements and HIPAA rules that prevent you from disclosing information about clients, but some of these requirements might be waived as part of your mandated reporter requirements.  If you discover information about child abuse through a client or patient who was not directly involved, you might be required to keep their name confidential, but not the name(s) of the alleged abuser(s) or victim(s).

If you have any doubts about what is required in your reporting, you can always check local laws, consult your professional organizations, and ask your supervisors.  However, our lawyers for sexual abuse victims do urge you to make the required report as soon as you can; it can truly make a difference to the child whose safety is at risk.

Can You Report Sexual Abuse if You Are Not a Mandated Reporter?

If you are not required by law to report sexual abuse that you discover as part of your job or as part of an everyday interaction with another person, you can certainly report it anyway.  The same hotline that takes mandated reporter reports can be contacted to make a report even if you are not a mandated reporter.  Even though you might not have the training to recognize and report sexual abuse the same as a mandated reporter might, it can still be incredibly important to the at-risk child that you make the report.

If you know of no other way to make a report, you can always call the police to investigate if you have good proof of the abuse.

Federal Sexual Abuse Reporting Requirements

Some federal laws, such as Title IX, also require reporting sexual abuse to certain entities or agencies.  For example, if a school hears about allegations of sexual abuse on its grounds, it is supposed to follow Title IX’s requirements to initiate an investigation and make a report to the Department of Education’s Office for Civil Rights.  The school workers are also likely mandated reporters and would have to make a separate report to the right agencies about the abuse.

Other federal rules might create similar reporting requirements in other contexts.

Call Our Sexual Abuse Victim Lawyers Today for Help

If you or your child was the victim of sexual abuse, call our attorneys for sexual abuse victims at The Law Office of Andrew Shubin at (814) 826-3586.