Source: Pixabay/VitorGarcia029
Currently, the efficacy of mandatory reporting is being called into question. Some of the criticisms and concerns that have been expressed regarding CAPTA (the 1974 Child Abuse Prevention and Treatment Act), which mainly focuses on reporting suspected child abuse, include the following:
- it targets and punishes people who are poor and people of color, often confusing poverty with neglect
- it may traumatize families and fails to connect families with needed resources
- it may harm and invade children’s lives as much as it helps them
- only a minority of reported cases result in substantiated sexual and physical abuse
- mandatory reporting laws are not improving child safety
Kathryn Krase, chairperson of Fordham’s Mandatory Reporting Project and an expert in the reporting of suspected child maltreatment, has argued that mandatory reporting is unnecessary. She offers that alternatively, “we could rely on professionals to report when necessary to prevent serious and foreseeable harm, and instead provide support and resources to reduce the risk.”
What’s more, Dr. Krase has expressed support for a new training being offered by the Office of Children and Families Services (OCFS), which is committed to improving the integration of services for New York’s children, youth, families, and vulnerable populations and protecting them from violence, neglect, abuse, and abandonment. The (OCFS) training teaches mandatory reporters (MRs) that “You can support a family without having to report a family.”
Presently, states vary considerably regarding who is considered to be a mandatory reporter and required to report suspected abuse. About 18 states require all adults to report suspected child maltreatment (Universal Mandatory Reporting states.) Not all states require mandatory reporter training and those that do vary in required frequency and content.
A lack of adequate training may result in inappropriate reports to CPS based on bias or ignorance, resulting in more unsubstantiated reports. Still, MRs identify three-quarters of substantiated sexual and physical abuse cases, and two-thirds of substantiated psychological abuse and neglect cases (US DHHS, 2010).
Changes to child protection laws should consider the impact of appropriate MR training on child safety. Most research on the effectiveness of mandatory reporter training suggests that it is beneficial but needs ongoing improvement and should be more frequent, comprehensive, and standardized. Another MR training study found that limited information is provided to motivate MRs to view themselves as part of a collective effort to protect children, and training fails to provide MRs with enough information to help them identify the major child maltreatment types.
Mandated, regular training is critical, and developing effective training curriculum design and delivery must incorporate the emerging concerns about reporting. Well-trained MRs could more accurately identify cases where children are in danger or may face serious harm, reducing the number of inappropriate reports to CPS.
Research demonstrates that many MRs are already failing to report. Therefore, eliminating mandatory reporting and trusting professionals, who may or may not be adequately trained or trained at all, to determine whether or not to report may leave at-risk children in severe jeopardy and increase MR liability.
Until legislative changes are made, MRs must abide by current federal and state reporting laws. As an MR, consider participating in regular mandatory reporter training, whether or not it is required. Educate yourself about reporting biases. Find out what resources are available in your community to assist clients and families. And consult with others (and document) when in doubt about whether or not to make a report.
