Staring at photos of their parents taped to the wall, a child in foster care remembers a home filled with warmth and laughter just months prior. Now, they sit alone. The reason? A doctor was required to report signs of malnourishment, and a Child Protective Service investigation followed. An empty fridge due to overdue bills can be enough to separate a family. Is this truly protection, or punishment disguised as care? Mandatory reporting laws, often portrayed as a means of protecting abuse victims, instead silences survivors; instilling fear, tempering trauma, separating families, and forcing unsuspecting children into systems they cannot face.
Richard Nixon passed the Child Abuse Prevention and Treatment Act (CAPTA) in 1974 to enact mandatory reporting in America. For half a century, mandatory reporting has further altered survivors’ lives, without any suspicion raised about the practices and long-term outcomes. Because of fear of consequences associated with reporting such as child welfare services, immediate contact with authorities, and launched investigations; around 50% of minors do not seek support from close ones in fear of triggering a mandatory report. This broken system has failed numerous communities, often targeting low-income minority groups as opposed to survivors who truly need support.
Counselors here at Bishop O’Dowd have an important job of listening to students’ concerns and deciding whether to file a report. One of those counselors is Mr. McMillan who describes the process of reporting as an educator as “You overreport. You don’t underreport. And so you report, and then they [Administration for Children’s Services] do the sleuthing, and they figure it out, and someone might be mistaken…I provide it for the puzzle master, but then I don’t get to see the finished puzzle”.
While reporters may view filing a report as a mere legal obligation, the reality for survivors is far more destructive. Instead of receiving support, they are pushed into investigations that frequently separate them from family, place them in foster care, or inflict additional emotional harm. Victims often find experiences like this incredibly traumatic, leading to further derailment of their lives. Although some victims of abuse find help in this rapid fix, many want a more cooperative form of solace. This contrast between the intention of safety and the reality of harm highlights why mandatory reporting must be amended into a system of support, where the emphasis is on care, collaboration, and health rather than an immediate turnover to authorities.
With CPS investigations and high amounts of reporting, cases are still being reported without substantial evidence. Dismissing the case as invalid only occurred after intrusive investigations of homes and coercive questioning occurred, instances that could have been easily avoided if a better approach to treating children was in policy. McMillan describes the process of filing a report, “[I]t’s something that’s very shocking and not everyone’s emotionally equipped in a state in life where they can give the time and the energy to that. And so there’s some other factors that go into play in terms of what’s going on, whether it be a teacher, faculty member, who’s not quite ready for that. And hasn’t had the same level of training as per se, a counselor”. Many adults at different schools all over the U.S. do not have the yearly and rigorous training that counselors have, which may contribute to unsubstantiated reports. Given the high rate of unsubstantiated claims, unfortunate consequences, and traumatizing history; a shift toward mandatory support would be most beneficial. With this system, reporters would adopt a more personal approach and aim to promote careful collaboration with cases and their families. With required support in place, survivors would likely feel safer sharing their experiences, and fewer unfounded reports would be made. A consideration of a case-by-case approach helps supporters personalize care more to each individual, deciphering between people who need actual help and those who may have temporary easy fixes. The current mandatory reporting system can deter people from asking for help because it often escalates to child welfare involvement. Aundrea Evans ‘27 when asked if she was ever afraid to talk to educators in fear of getting reported stated, “[Y]es, of course I was because, honestly…I didn’t want them to send me to the mental hospital for, like, something that I thought I had under control. So I never really wanted to…reach out because of the mandatory reporting stuff.” Mandatory support could remove this barrier, focusing on cooperatively meeting needs rather than penalizing.
The policy of mandatory support has recently shown in real-life examples how reporting can be done without these issues, and instead help survivors through a collaborative approach. However, this policy will not be put in place without more awareness of the harms of mandatory reporting. Americans need to start supporting victims of mandatory reporting and increasing the visibility of instances where reporting has negatively impacted children and individuals. Raising awareness may include posting on social media, calling law and policy makers, or boycotting the process of mandatory reporting until there is a change. Then and only then will survivors feel comfortable enough to get the help they need and not fear it.
