Mandated Reporting

Volunteers are not considered mandated reporters. However, they are encouraged to report known or reasonably suspected child abuse.

LCW Practice Advisor

An employee is a mandated reporter only when, “in his or her professional capacity or within the scope of his or her employment” the person has knowledge of or reasonably suspects a child is the victim of abuse or neglect. 4 “Professional capacity” does not refer to abuse at the place of employment, but rather refers to whether the mandated reporter learned of the information by virtue of his or her employment position. 5 For example, if a minor approaches his or her teacher off-campus and confides that he or she is being abused, it is likely a mandated report must be filed. 6 If, however, a minor approaches his or her neighbor, who also happens to be a teacher, and confides that he is being abused, the neighbor may, but is not required to make a report. 7

R EASONABLE S USPICION : W HAT T RIGGERS A R EPORT

Section 3

A mandated report must be filed where there is a “reasonable suspicion” of abuse or neglect. 8 This section explains and provides an overview of the reasonable suspicion standard. Not every suspicion of abuse or neglect requires a mandated report. Rather, the law is clear that in order to trigger the duty to report, a mandated reporter must actually know or have an objectively reasonable suspicion that abuse or neglect has occurred. The reasonable suspicion standard means a reasonable person in a similar position, drawing upon his or her training and experience, would suspect abuse or neglect. 9 Reasonable suspicion does not require absolute certainty.

Mandated reporters should not investigate allegations or suspicions of abuse but may rely on their own training and experience, may casually question the alleged victim, may observe body language and behavior and evaluate credibility, and may consider any other additional knowledge they may have to formulate reasonable suspicion of abuse or neglect.

LCW Practice Advisor

Mandated reporters are often understandably concerned about properly applying the reasonable suspicion standard. LCW has found that hypothetical scenarios can be helpful in understanding the standard.

Mandated Reporting ©2020 Liebert Cassidy Whitmore 7