10.5 Reporting Suspected Child Abuse or Neglect/ Mandated Reporting

Part of a counselor’s fiduciary responsibility is to act as mandated reporters, meaning they break confidentiality to report known or suspected harm or abuse to minors and vulnerable adults. When a client brings up information that triggers a counselor’s mandated reporting hat, counselors probe for information by the person’s level of distress tolerance (Koocher, 2003). Of note, most county agencies will require the victim’s full name and date of birth on the report for proper identification. When making mandated reports, counselors respect confidentiality by sharing objective facts, what they know, and only what is necessary (Koocher, 2003). They refrain from reporting subjective interpretations. All states have laws guiding mandated reporting regulations, so counselors consult them to understand what is needed of them and when (Ford-Sori, 2015). For most states, reports must be made to appropriate social agencies within 24 hours of receiving reportable information (Ford-Sori, 2015). If a counselor is unsure if a report is necessary, the best practice is to call the agency to consult regarding a hypothetical, de-identified scenario based on the real one and then determine if it needs to be reported (Koocher, 2003).

Mandated reporting is essential because, without it, a minor’s rights to safety and protection can be denied (Koocher, 2003). Some counselors feel hesitant to report, citing damage to the therapeutic relationship, harm to their relationship with a client’s parents, or disbelief that the report will lead to an investigation or rightful action (Koocher, 2003). They are mindful of their inner feelings and proceed with reporting. Additionally, counselors who fail to make necessary mandated reports can be held criminally liable for their inaction in keeping people safe. Mandated reporting laws safeguard counselors from consequences if they report in good faith (English, 1990). All limitations to confidentiality should be included as part of the informed consent process with clients and their parent(s)/ guardian(s) to bolster the therapeutic alliance, trust, and prioritization of one’s safety (Koocher, 2003).