Established State and Federal Guidelines on Being a Mandated Reporter

Guidelines on Being a Mandated Reporter
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Guideline on Being a Mandated Reporter
As a counselor, one has a legal obligation known as being a mandated reporter requiring them to protect children from abuse and neglect. At the federal level, the duty to report child abuse is imposed upon all professionals who have consistent contact with children under the provisions of the Victims of Child Abuse Act. Mandated reporting laws and guidelines vary between states and the federal government, so it's important to be aware of the specific regulations in one’s jurisdiction. As I intend to practice in the State of New York, this paper explores the similarities and differences between established state and federal guidelines.
State and Federal Guidelines
In the state of New York, as in many other states, there are specific guidelines for mandated reporting of child abuse and neglect. These guidelines require anyone who suspects or has reason to believe that child abuse or neglect has occurred while discharging professional duties to inform the authorities (Office of Children and Family Services (OCFS), 2021). To this end, a counselor is expected to report such instances if they have access to a judicious basis to suspect child abuse when discharging their professional duties. Notably, the mandate to report cases of abuse ceases once the counselor stops practicing in their professional capacity. The New York guidelines define “reasonable cause to suspect” as a suspicion developed based on logical observation, supported by professional experience, or due to knowledge stemming from professional training (OCFS, 2021). In the guidelines, abuse is considered to comprise severe injuries and/or the potential for serious injury to children from caregivers (OCFS, 2021). Notably, abuse is also considered to have transpired in instances where the caregiver allows one to harm a child (OCFS, 2021). On the other hand, maltreatment is considered to have occurred when the caregiver or another person impairs either the physical or mental well-being of a child.
In New York, mandated reporters are required to make oral reports of such incidents to the Statewide Central Register of Child Abuse and Maltreatment (SCR) as soon as they become aware of the abuse or neglect. Following the oral report, the mandated reporter is expected to submit a written report to a local department of social services either physically or through the website within 48 hours. Failure to report suspected abuse or maltreatment is considered a Class A misdemeanor and could attract the associated criminal charges. In addition, the mandated reporter can face civil charges if their failure to report child abuse results in harm (OCFS, 2021). Notably, the guideline indicates that mandated reporters make their reports in “good faith” and are immune from criminal or civil liability that ...