Group of Diverse Kids | How Effective Are Mandatory Reports for Abuse? | The Impact of Mandatory Reporting Laws

Mandatory Reporting Isn’t the Solution

It’s increasingly common to hear people point towards laws compelling reporting as the answer to our child abuse crisis. Yet the research doesn’t back this up - highlighting a number of complications that need more attention.

Heartbreaking reports of horrific abuse of children often result in introspection. How and why did so many adults fail the children in their community? These difficult questions often result in calls for action, almost invariably focusing on the need to increase reporting. 

That’s understandable.  Child abuse is a real evil, and children deserve the utmost protection. Yet we should be extremely cautious that our outrage is not translated into advocacy for policies that not only don’t adequately protect children but may ultimately be harmful. This is the case, I argue, for calls to expand mandated reporting. Increased reporting sweeps up large swaths of the population in a network of coercive investigations and interventions but doesn’t help keep kids safer. 

Research on reporting. Since the 1970s, American child welfare policy has singularly focused on reporting as the primary policy to keep children safe. This was despite a lack of evidence for its effectiveness and sometimes despite clear evidence to the contrary. Multiple studies have found that increased reporting does not keep children safer, but creates a heavy load for already overburdened caseworkers to weed through. Amid a glut of unnecessary reports, child welfare workers may be more likely to overlook a child who really is at risk of imminent harm. More children are reported, yet children are no safer. This is no anomaly; it’s two sides of the same coin: our failed child welfare policies that prioritize reporting and investigations rather than services and supports.

We should be extremely cautious that our outrage is not translated into policies that don’t adequately protect children, and may ultimately be harmful.

Studies today indicate that states that require universal mandated reporting do not have better detection of children in danger than states without these policies, while a research team found that states that expanded their mandatory reporting requirements ended up, unsurprisingly, with more reports but not with more substantiated reports.

In the aftermath of the Gerald Sandusky case, where former Penn State assistant football coach had sexually abused boys for decades, Pennsylvania legislators passed numerous statutes expanding mandatory reporting requirements. As a result, reporting hotlines were inundated with calls, some calls were dropped or unanswered, and the child welfare agencies faced the difficult task of sifting through mountains of abuse reports. Yet Pennsylvania’s children were no safer. On the contrary, there were increases in subsequent years both in rates of child fatalities and near fatalities (where a child was placed in serious or critical condition as the result of an act of abuse or neglect). While numerous factors, including the opioid epidemic as well as how near fatalities are defined, might also be at play, it’s clear that increasing reporting in Pennsylvania did not help improve the safety of the Commonwealth’s children. More reporting does not equal better outcomes for kids. 

Disproportionate consequences for families of color. It’s important to recognize that the overwhelming majority of calls to protective services involve concerns for neglect rather than for physical or sexual abuse. Neglect is all too often conflated with poverty, and struggling parents can find themselves balancing two jobs, skipping meals to feed their kids, but also face the extra burden of a child welfare investigation. We know that one out of every third child in the US is the subject of a child welfare investigation; among African American children, the rates are even higher. Yet a majority of child abuse investigations end not only without a finding of abuse but also without the provision of new services to parents. And while this system disproportionately impacts low-income families and families of color, a number of publicized cases highlight that education, money, or even a medical degree cannot protect families from this kind of well-intentioned but ultimately coercive intervention. 

Furthermore, while physical and sexual abuse of children is a rare but horrific event that may happen in families of all walks of life, increased reporting requirements primarily increase the number of poor families of color who are reported for allegations of neglect, often as a function of structural inequities. There is an abundance of testimonies that can clearly illustrate this. For instance, when a school called one Black mother, working as a hairdresser, she was unable to pick up the phone for thirty minutes, as she was cutting a client’s hair. During this time, the school filed a report. Such cases, which reflect racial and structural biases, are the cases that are more likely to be reported when requirements are expanded. We’d all like to think that increased reporting requirements would increase the likelihood of preventing or detecting physical and sexual abuse. That does not seem to be the case. Increased reporting is also associated with the increased removal of children from these kinds of non-abusive homes, an intervention that causes harm to children, including post-traumatic stress, and corrodes the vital ties between children, their families, and their communities. 

Inadvertent consequences of a “policing culture.” There are other ways in which a culture of reporting can be harmful to communities, creating hesitance and even avoidance among parents who might otherwise seek services or medical care for their vulnerable children. It is no wonder that many family advocates refer to child protective services as a form of family policing. Rather than enhancing support and resources, child protective services invest their energy in amassing reports, investigating allegations, and making recommendations about whether families are “allowed” to remain intact and under what conditions. 

Today’s child welfare system is a model of policing families and communities. Like other policing cultures, it creates a culture of reporting, suspicion, and lack of accountability. This often results in the premature and hasty removal of children from their homes, sometimes carrying their personal belongings in trash bags and sleeping in child welfare agency offices. The current system is broken and harmful. 

Of course, well-intentioned adults across the political spectrum care deeply about the safety of children. But all too often, this concern is translated into knee-jerk policy responses that do not improve the safety or well-being of children and may, in fact, cause distinct harm. It is important to understand the unintended consequences of expanding mandatory reporting and for advocates to familiarize themselves with which interventions have been proven to help children thrive. 

Instead of expanding reporting, we should expand supporting.

More support vs. more reporting. While there was clear evidence that child abuse was more prevalent in poor communities and in families experiencing homelessness, substance use, joblessness, and other structural challenges, policymakers shied away from addressing these risk factors head-on. Instead, they singularly focused their efforts on creating hotlines and mechanisms for increasing reports, almost invariably without increasing fundings for services for families. As early as 1978, famed Yale child psychiatrist Alfred Solnit excoriated this system, noting it offered “too much reporting, too little service” and decried the invasion of family privacy based on “lifestyle differences and on prejudice against minorities, single-parent families, and low-income families.” 

Contrary to popular calls today, we should move away from a model that prioritizes mandatory reporting and, as other activists have argued, focus on mandated supporting. Families need resources to thrive, and poor families need access to material support to meet their parenting goals. Longtime child abuse physician and advocate Eli Newberger has described the “abusification” of child welfare; rather than offering support to parents and families, the first step has invariably become the reporting of abuse or neglect. Instead of expanding reporting, we should expand supporting. Supports for families, including expanding Medicaid, child tax credits, access to affordable high-quality child care or respite care, and safe housing would help uplift families and enhance their safety. 

Policies designed to protect children should be based on evidence and should work in conjunction with, and not against, families and communities.

About the author

Mical Raz

Mical Raz, MD, PhD, MSHP holds the Phelps Chair in Public Policy and Health at the University of Rochester and is a practicing physician. She is the author of three books, including most recently, “Abusive Policies: How the American Child Welfare System Lost its Way" and has published extensively on the harms of coercive child welfare interventions.
On Key

You Might Also Like

Beyond Roe v. Wade

Advocating for a new tack in the pro-life movement, the author proposes to expand the coalition beyond the religious right, and help it avoid the pitfalls of an entirely right-wing partisan movement.

“Madame Web” is a Good Film for Young Teens

Sony’s series of Spider-man adjacent films have mostly focused on anti-heroes. Since Spider-man, the hero, is by corporate necessity absent from these films they need to turn less than heroic characters into the protagonist.  This doesn’t make those films bad, but it does make them more complicated, and not often the best fit for the teenaged kids that could otherwise most benefit from the superhero narrative of good vs. evil. In that respect, Madame Web is a welcome reprieve. This is an unabashed superhero origin story. And in many respects, it demonstrates the durability of the genre.  Madame Webb owes much of its success to the animated Spider-verse films. Those films introduced audiences widely to the idea of multiple spider people, and in a recurring motif from the first film the basic beats that define those various spider people, and the near infinite variations those beats can take. Madame Webb hits each of those beats while toying with the formula enough to keep it interesting.  The moral at the center of the film focuses on our ability to influence our futures. After a traumatic incident, Cassie discovers that she has precognition. At first she feels helpless to stop the future predicted in the visions. But when three innocent girls are about to be murdered by the villainous Ezekiel Sims she can’t stand by and is thrust into the role of protector. As the film reaches its climax, both Cassie and the three teenagers she protects learn to step up. And the film seems best suited to teens about their age and a little younger thirteen to sixteen. Dakota Johnson has the acting chops to anchor the film. She ably handles the expositional relationship building, the determined character develop, and the thriller action scenes. Sydney Sweeney, Isabel Merced, and Celeste O’Connor, who play the three teenagers each portray a character who will one day become Spider-woman in the comics. They never try to do too much, and always deliver when the film requires it. Adam Scott is also a standout as “Ben Parker” who spends much of the film excited to become an uncle.  The villain, Sims is far and away the film’s weak point. His motivation is confusing. And it appeared at several points as though his dialogue was dubbed. But his simplicity as a villain helped along the film’s theme. There was little question about what the right thing for our protagonists to do was, only whether or not they would do it.  The film utilizes its range of PG-13 profanity, and the violence is just enough that I probably wouldn’t want my own kids to see the movie until they were teens. In terms of messages about family the film really shines. The film begins with a flashback to Cassie Webb’s mother nine months pregnant and upset about how her child is getting in the way of her work. But much of Cassie’s growth as a character comes from dealing with the damage of that attitude, and learning to embrace her own nourishing side. Each of the three girls are dealing with similar struggles. And Cassie learns the full strength of her powers as she also learns the full truth about her roots.  I certainly don’t want to overpromise on the film. It’s effects are clunky, and the plot is predictable. But it’s a movie you can let young teeangers watch without having to worry about explaining too much afterward, and that they will dependably get a good takeaway from. And if the parents happen to catch it too, they  will at least have a fun time. Two and a half out of five stars.  “Madame Web” releases in theaters on February 16th.