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Mandatory Reporting

All states have mandatory reporting laws, and although the specifics may vary among states, these laws require that certain professional groups report certain cases of abuse and/or neglect to law enforcement, social services or other regulatory agencies.

Mandatory reporting was put into place with the intention of creating a safer environment for women who experience violence and as a model for increasing awareness in the community - from increased police reports. In contrast, there are advocates who are opposed to mandatory reporting, raising concerns about client safety and ethical obligations. Mandatory reporting is, in this way, complicated.

Mandatory Reporting Laws

In general, mandatory reporting laws vary from state to state and in regards to their content. In five states - California, Colorado, Kentucky, New Mexico, and Rhode Island - specific laws are in place that mandate reporting suspected cases of domestic violence and sexual assault by doctors and nurses to mental health care providers or law enforcement personnel. In contrast, state reporting laws in New Hampshire exempt victims of domestic violence and abuse from its general mandate to report certain injuries.

Mandatory Reporting Laws and Disability

In some states, reporting abuse of people with certain disabilities is regulated. If this is the case in your state, you will need to be aware of the specific laws. It will, inevitably, complicate the way in which you work with people who experience violence, abuse, and sexual assault.

For example, according to the laws in Oregon, elderly persons, people with developmental disabilities and people in nursing homes or health care facilities are covered under mandatory reporting laws. In Oregon, any professional provider who comes in contact with an elderly person or an adult with a development disability they suspect has been abused or assaulted must report to human services or law enforcement personnel.

Similarly, in Washington State, "vulnerable adults," as the law calls people with developmental disabilities, physical disabilities and older adults, are covered under mandatory reporting laws if they are sexually or physically assaulted by anyone other than another "vulnerable adult." In Washington, mandatory reporters are professionals identified by law who must make a report if they have reason to believe that the abuse, abandonment, neglect, or financial exploitation of a vulnerable adult has occurred.

To find out what the mandatory reporting laws are in your state, you can look it up through the Family Violence Prevention Fund's website .[Note: this link will download a PDF file.]

What You Should Know

In order to most effectively serve individuals who have experienced violence, your organization should:

• be aware of the mandatory reporting laws in your state;
• understand how these laws will affect various staff positions within the organization and the work the organization does;

If your organization is impacted by Mandatory Reporting:

• make a plan in the organization to incorporate mandatory reporting laws into your confidentiality agreements;
• inform the individuals you are working with of all relevant mandatory reporting laws BEFORE offering services- before the individual has a chance to disclose any information;
• deliver the information in person and create an opportunity for discussion;
• consider making disclosure information available in various accessible formats;
• consider having staff who are not mandatory reporters available to speak with individuals who do not wish to speak with someone who is a mandatory reporter.

For More Information

Pros and Cons of Mandatory Reporting

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Mandatory Reporting of Elder Abuse: Implications for Domestic Violence Advocates (PDF)  

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