7.9 Mandated Reporting

Counselors have a fiduciary responsibility, which requires them to report threatened or suspected harm to minors and vulnerable adults that is learned in counseling. This includes verbal, emotional, physical, and sexual abuse to clients who are legal minors or meet the criteria for vulnerable adult status (Fisher, 2008). Mandated reporting laws are state-specific, and counselors consult state statutes to determine how to proceed with mandated reports in their jurisdiction. Mandated reporting with minors will be further discussed in chapter 10 on counseling adolescents. For vulnerable adults, criteria are outlined in state law; counselors consult them and act accordingly. There are legal consequences for counselors who fail to report harm to these populations or by doing so improperly.

Counselors are not the judge or the jury; they do not decide what is “right or wrong.” Instead, their role is to abide by counseling ethics to protect humanity and the safety of their clients. Various relevant ethical codes sometimes contradict each other, and counselors turn to ethical decision-making models. Discussing with clients about mandated reporting is why it is essential and what information is shared to whom (i.e., reporting objective information to child protection/ adult abuse agencies or with law enforcement if the risk for danger or harm to their client is high) is often helpful to promote client autonomy and beneficence.

When making mandated reports, counselors share exclusively objective facts with necessary social agencies and avoid including subjective interpretations. They may view the mandated reporting process as sharing information with people who know what to do with it. Breaking confidentiality can rupture the therapeutic relationship even with client safety in mind, and counselors take proactive and reactive steps to repair and rebuild. They mitigate some potential harm by discussing limitations to confidentiality as part of ongoing informed consent and consider involving their clients in making reports (if appropriate).