Reference · Values and Ethics

Mandated reporting of child abuse

The short answer

Every state requires certain people to report suspected child abuse or neglect, and social workers are among the most commonly listed professionals.[1] The federal framework is CAPTA, which conditions funding on states having reporting laws; it does not list reporters itself.[2] Privacy rules do not block a child abuse report: HIPAA permits it without authorization, and 42 CFR Part 2 never stops one.[3][4]

The key ideas

  • NASW 1.01 Commitment to clients

    Clients' interests are generally primary, but responsibility to society or specific legal obligations can on limited occasions override client loyalty, and clients should be told. Mandated child abuse reports and threats of harm to self or others are the named examples.[5]

  • CAPTA and mandatory child abuse reporting

    CAPTA is a federal grant statute: states must have laws and procedures for mandatory reporting by designated individuals, immunity for good-faith reports, and plans of safe care for infants affected by prenatal substance exposure. CAPTA does not itself list who must report; each state decides.[2]

  • HIPAA child abuse reporting

    HIPAA permits disclosure of PHI to a public health or other government authority authorized by law to receive reports of child abuse or neglect, without client authorization. The duty to report itself comes from state law (and CAPTA framework).[3]

  • 42 CFR Part 2: child abuse reports

    Part 2 does not restrict reporting suspected child abuse or neglect to the appropriate authorities under state law, but the restrictions continue to apply to the underlying SUD records, including their use in later proceedings.[4]

  • HIPAA adult abuse, neglect and domestic violence disclosures

    For adult victims, PHI may go to a government authority (including adult protective services) when required by law, when the individual agrees, or when expressly authorized by statute and the provider judges it necessary to prevent serious harm. The individual must generally be told promptly, unless that would place them at risk.[3]

It varies by state

The exam is national, so it tests the shared principle. Your state's law decides the details below.

  • State variation: who is a mandated child abuse reporter

    National principle: every state requires certain people to report suspected child abuse (CAPTA framework) and social workers are among the most commonly listed professionals. What varies: lists of professions and whether everyone must report. CWIG (May 2023): about 17 states plus Puerto Rico make any person a reporter, four states only that, and 41 states list social workers.[1]

  • State variation: elder and vulnerable adult abuse reporting

    National principle: Older Americans Act and Elder Justice Act fund and frame elder protection, and nearly all states have adult protective services laws. What varies: whether reporting is mandatory, who must report, how vulnerable adult is defined, where reports go, and timing. Federal law imposes a reporting duty only in certain federally funded long-term care settings.[6][7][8]

  • State variation: competent adult intimate partner violence reporting

    National principle: generally no universal duty to report abuse of a competent adult partner; respect self-determination, offer safety planning and resources, and obtain consent. What varies: nearly every state (48 of 50 in a 2022 review) requires reporting gunshot or other weapon wounds, while only a few (6 in one review) require reporting injuries from domestic violence; these duties usually fall on medical providers.[3][9][10][11]

Find your state's licensing guide, then read your state's statute before you rely on any summary.

How the ASWB exam tests it

  • A common wrong answer is "always put the client first." The Code allows limited exceptions, and the client should be told about them.[5]
  • Common belief that CAPTA makes every social worker a reporter is imprecise; it conditions funding on state mandatory reporting systems. Social workers are mandated reporters in essentially all states.[2]
  • HIPAA does not block child abuse reports, and no authorization is needed.[3]
  • Part 2 never blocks a mandated child abuse report; it still limits what else is released from the record.[4]
  • For a competent adult experiencing partner violence, HIPAA allows but does not require a report, and a report needs the person's agreement or a state law.[3]
  • Social workers are among the most commonly named mandated reporters, and states that make every person a reporter cover them too.[1]

The common trap

Treating a competent adult who is experiencing partner abuse like a child. There is generally no universal duty to report; respect self-determination and offer safety planning and resources.[3][9][10][11]

Covered on other pages

  • NASW 1.07(a)-(c) Privacy and confidentiality: core and limit

    Respect privacy and do not solicit private information without compelling professional reason. Confidentiality is the default; it does not apply when disclosure is necessary to prevent serious, foreseeable, and imminent harm to a client or others, and then only the least information needed.

Related explainers

Sources

  1. 1.Child Welfare Information Gateway (State Statutes, current through May 2023). artifacts.childwelfare.gov/public/documents/mandatory-reporting-abuse-neglect.pdf
  2. 2.Cornell LII, 42 U.S.C. 5106a. www.law.cornell.edu/uscode/text/42/5106a
  3. 3.eCFR 45 CFR 164.512. www.ecfr.gov/current/title-45/part-164/section-164.512
  4. 4.eCFR 42 CFR 2.12. www.ecfr.gov/current/title-42/part-2/section-2.12
  5. 5.NASW Code of Ethics (public page). www.socialworkers.org/About/Ethics/Code-of-Ethics/Code-of-Ethics-English/Social-Workers-Ethical-Responsibilities-to-Clients
  6. 6.DOJ Elder Justice Initiative. www.justice.gov/elderjustice/victims-rights-and-reporting-obligations
  7. 7.VAWnet (RAINN database description). vawnet.org/material/mandatory-reporting-database
  8. 8.Cornell LII, 42 U.S.C. 1320b-25. www.law.cornell.edu/uscode/text/42/1320b-25
  9. 9.NNEDV/VRLC training deck (2009). www.doj.state.or.us/wp-content/uploads/2017/03/nnedv_mandatory_reporting.pdf
  10. 10.PubMed Central (Review of Statutory Obligations for Reporting Ballistic Injuries). pmc.ncbi.nlm.nih.gov/articles/PMC9988277/
  11. 11.PubMed Central (Office assessment for abuse and management of the battered patient). pmc.ncbi.nlm.nih.gov/articles/PMC5766019/

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