Mandated Reporting of Child Abuse or Neglect: When must you make the call?
A mandated reporter is someone who, because of his or her profession, is legally obligated to report reasonable suspicions of child abuse or neglect to the Department of Children and Family Services (DCFS). Mandated reporters are often in the best position to identify signs of harm to children and to take the steps necessary to help protect them. In Illinois, approximately 65% of all calls reporting abuse and neglect come from mandated reporters.
In Illinois, mandated reporters in the health care field include physicians, nurses, residents, interns, medical administrators, or personnel engaged in the examination, care, and treatment of persons. Mandated reporters in the health care field also include abortion providers, dentists, dental hygienists, physician assistants, emergency medical technicians, acupuncturists, genetic counselors, respiratory care practitioners, home health aides, and certified nursing assistants.
The term “reasonable” creates some gray areas which may result in confusion and underreporting. Abuse and neglect come in many forms and may be difficult to diagnose or recognize. Some medical personnel do not act because they do not want to interfere in the territory of social workers or police. Others may find alternative reasons not to report such as a fear of retaliation or simply the reluctance to navigate the hotline while their practice is full of patients in need of immediate care.
The good news is that the abuse hotline staff will gladly accept a call even if the caller is not sure whether a child has been neglected or abused as long as there is a suspicion based on all facts and circumstances available to the caller. Medical personnel can also delegate reporting to other staff in their practice (after providing sufficient information to make the report). Further, the reporter’s identity as a source of the report is protected by state law and reporters are given immunity from legal liability for reports made in good faith. However, a mandated reporter may be required to testify regarding the reported incident if the case goes to court.
In extreme circumstances, a treating physician may take temporary custody of a child without the consent of the person responsible for the child’s welfare if the physician: 1) has reason to believe that the child cannot be cared for at home or in the custody of the person responsible for the child’s welfare without endangering the child’s health or safety; and 2) there is no time to apply for a court order for temporary custody of the child. The physician taking temporary custody must immediately inform the parents or guardians and notify DCFS who will promptly initiate proceedings to take over continued temporary custody.
The willful failure to report suspected child abuse or neglect is referred to the Illinois State Medical Disciplinary Board and/or the Illinois Department of Financial and Professional Regulation for action and may result in suspension of the medical or professional license. Other consequences could be a Class A misdemeanor for a first violation and a Class 4 felony for a second or subsequent violation.
Medical personnel should make it a part of their practice to complete the initial mandated reporter training within three months of becoming a mandated reporter (once you start practicing as medical personnel listed above). Medical personnel who work with children must complete mandated reporter training at least every six years. Please note that other states may have different standards for reporting.
If you would like assistance drafting a mandated reporting policy for your practice, please contact us.