Amanda Smith
Ethics in Human Services
4/22/13

Mandated Reporting

Reporting child abuse often becomes an ethical dilemma because violating a client’s right to confidentiality and breaking the law are both considered unethical behavior. There are many factors a social worker must take into consideration when making a report of child abuse such as; circumstances of the suspected abuse, professional and ethical standards, and legal requirements. However, there are guidelines and a Code of Ethics to help social workers ensure this process is handled in a professional and safe manner.
Mandated reporting is one of the main tools in the fight against child abuse prevention. As a social worker, I have a legal and moral responsibility to report any suspicions of child abuse. According to the U.S. Department of Health and Human Services, child abuse is defined as, “Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation; or an act or failure to act which presents an imminent risk of serious harm” (Child Welfare Information Gateway 2008). Child abuse can range anywhere from actual physical assault to verbal assault and/or neglect. Each year, millions of children are abused and neglected and many die at the hands of their primary care givers.
Each year, the U.S. Department of health and Human Services, along with the Children’s Bureau, collect data on child abuse and neglect throughout the United States. These statistics are staggering and absolutely horrifying. According to the Children’s Bureau, for the year of 2011, in the United States there were 676,569 victims of child abuse and neglect. Out of those 679,569 victims, 78.5 percent suffered neglect, 17.6 percent suffered physical abuse, and 9.1 percent suffered from sexual abuse. A total of 1,545 children died. Also, about 80 percent of the perpetrators of child abuse were the victims’ parents (Children’s Bureau 2011). Protection of children from harm is an ethical duty. It is not only an oath sworn by social workers but a legal requirement.
In Vermont, the law requires a social worker to report any suspicions of child abuse to family services within 24 hours. Vermont Statue Title 33: Human Services Chapter 49: Child Welfare Services 33 V.S.A. § 4913. Reporting child abuse and neglect; remedial action states, “Any… social worker… who has reasonable cause to believe that any child has been abused or neglected shall report or cause a report to be made in accordance with the provisions of section 4914 of this title within 24 hours…” (Vermont State Legislature 2010). There are also strict legal ramifications for any social workers who fail to comply with this law such as jail time and fines. Section (g) of this statue states, “…a person may not refuse to make a report required by this section on the grounds that making the report would violate a privilege or disclose a confidential communication” (Vermont State Legislature 2010). This section of the law protects a social worker who must violate a client’s right to confidentiality and report child abuse.
One of the foundations a client/social worker relationship is built upon is trust. One of the ways this trust is reinforced is through privacy and confidentiality. The National Association of Social Workers Code of Ethics states, “(a) Social workers should respect clients’ right to privacy. Social workers should not solicit private information from clients unless it is essential to providing services or conducting social work evaluation or research. Once private information is shared, standards of confidentiality apply… (c) Social workers should protect the confidentiality of all information obtained in the course of professional service, except for compelling professional reasons. The general expectation that social workers will keep information confidential does not apply when disclosure is necessary to prevent serious, foreseeable, and imminent harm to a client or other identifiable person. In all instances, social workers should disclose the least amount of confidential information necessary to achieve the desired purpose; only information that is directly relevant to the purpose for which the disclosure is made should be revealed” (National Association of Social Workers 2008). This is where the ethical dilemma lies. However, there are set laws and guidelines to follow to protect the social worker, client, and potential victim of child abuse.
The first step to mandated reporting is determining whether the information received is grounds for a report. In Vermont, a social worker who suspects child abuse can call a 24 hour child protection hotline and speak to a social worker to make this determination. Gathering information such as names of victims and perpetrators, home and school addresses, and allegations of the abuse are important factors to be included in the report. Once a report is made, it will be reviewed by a supervisor at Family Services and ensure it meets the state laws of abuse. As a mandated reporter, I am entitled to know if the case I reported was accepted, if there was an investigation done, and if a need for service was found. The state of Vermont protects social workers, who in good faith make mandated reports of child abuse from civil and criminal liabilities (Vermont Department for Children and Families 2013). Also, it is up to the social worker to determine whether or not to tell the client and/or parents if a report is going to be made. Factors to be included in this decision are; the best interest of the client, their safety, and the safety of those involved in the suspected abuse.
On April 17, 2013 I interviewed Allyson DeMaggio MSW LICSW. She has a Masters in Social Work and is a Licensed Independent Clinical Social Worker. She is a mental health clinician/therapist and she owns and runs a private practice assisting individuals, couples, families, and groups who seek counseling. Her office is located in Burlington, Vermont and she is also a part time professor here at Champlain College. I am taking a Human Behavior course with Allyson this semester and she often talk about victims of child abuse who seek her counseling.
I chose to interview Allyson because I can see myself working in a social work setting such as hers. My hopes are to one day own a private practice serving the troubled youth of America. For years, I searched for answers as to why and how my life ended up on the path I chose. I often questioned would I have made the same decisions if a social worker was actively engaged in my life. I feel a social worker would have been able to help guide me down the right path instead of doing this on my own. It is my dream, to offer youth who find themselves on the wrong path, salvation. With the use of knowledge and life skills, I hope to pull them back into society so that they can prosper and become productive members of the community.
I interviewed Allyson about her experience as a mandated reporter in Vermont and how she goes about using The National Association of Social Workers Code of Ethics to help guide her in this process. I first asked her to define child abuse. She stated that child abuse was anyone who is under eighteen years of age who is at risk of harm, suffered physical abuse, mental or verbal abuse, sexual abuse, and neglect.
I then wanted to focused on how she comes to decision that a report of child abuse must be made and who she makes the report to. If she suspects child abuse or has been given information about a child being abused, she must report this information to The Department of Children and Families within 24 hours of receiving the information. Allyson made it very clear is not her job to decide if Department of Children and Families will accept her report or act on or investigate the abuse. Her job is to make the report based on the information she received.
During this point in the interview, I thought it was important to understand how Allyson uses her Code of Ethics to guide her in this mandated reporting process. Also, I wanted to know what principles and values she thought were helpful to her. She said that confidentiality, honesty, and respect are what help guide her in this process. She also said that it is important to her to talk to the victim and their family before she makes the report so everyone is aware of the report before it is initiated. I was interested to learn more about how she uses honesty with a client and how she would let a client know that a report had to be made based on the information they gave her.
During the initial counseling sessions, Allyson discusses with her clients their right to privacy and confidentiality. She lets clients know that she may not divulge any information they may share with her without their consent. She also lets them know the exception to this rule which is information regarding the abuse or alleged abuse of any child must be reported to the authorities.
In a situation where one of Allyson’s clients discloses information about child abuse, she typically will have a conversation with the client letting them know she is concerned for their safety and may have to make a report to The Department of Children and Families. She would then bring in the family and talk about what this report means and the steps that are to follow. If a situation arises where Allyson or the victim are in fear of immediate physical harm, or the child being beat, she does not tell the victim or their family that she is going to make a report. She gave an example of a situation where a victim suffers from physical abuse at the hands of their parent. If she knows that the victim is being physically abused, and fears that the victim may be punished for talking about the abuse, she will just report to the Department of Children and Families and have a discussion with the family at a later time. She said this will help by giving time for an investigation to be done and if the report is accepted, they can remove the child from the home to a safe environment.
For the final part of my interview with Allyson, I wanted to focus on where she thinks the ethical dilemma comes into mandated reporting. For Allyson, the ethical dilemma of mandated reporting is how to go about making the report and ensuring the child’s safety. If she thinks a child is in immediate danger of any abuse, she will not let the primary care givers know a report is going to be made. However, she holds true to her core values of honesty, respect, and confidentiality whenever possible. In these instances where she cannot discuss the allegations of child abuse before the report is made, she will follow up with the family at a later time to ensure the safety of the victim.
As a social worker, I intend to work with children. Specifically, troubled youth who are in need of or seeking social work services. I am likely to come across clients who are, or have been, victims of child abuse. It is my duty to protect these clients at all costs and the best way to ensure a client’s safety is to report any and all suspicions or allegations of child abuse. I intend to set up a practice framework based upon my knowledge and research of mandated reporting and my understanding of The National Association of Social Workers Code of Ethics.
As a mental health clinician, working in a private practice setting serving children and their families, situations may arise where my ethical and professional standards will be put to the test. It is my moral and legal obligation to make the best practice decisions revolving around mandated reporting of child abuse. I understand what child abuse is defined as according to Vermont law and to report any findings of abuse to the child protection hotline. If I am unsure of whether or not the abuse meets the state standards, or if I should report such abuse, I know I can consult with my supervisor at my practice or a social worker from the child protection hotline. When I have identified child abuse, my next step is to make the report within 24 hours. Whenever possible, I will keep the victim informed of my decision to report and encourage them to participate in the actual reporting. I will anticipate both negative and positive reactions from my client and be willing to make the report by myself or set up a plan to involve the client. I will inform my client that although I must breach their right to confidentiality and report these allegations, they are still entitled to privacy and I may only share limited information.
My code of ethics suggests that I should keep all information private except in the case of preventing harm. Only information that directly relevant to the abuse can be disclosed. Also, I should involve the client to the extent possible without putting them in danger. My code of ethics also suggests that it is my responsibility to promote the well-being of my clients. To me, this means that I must be honest, respectful, and professional in all situations. My main goal as a social worker is to help my clients reach their full human potential and that starts with making sure my clients are safe in their homes.
When ethical issues arise, it is my duty to follow the code of ethics. By following these steps, both the client and I are protected by this code. My services will promote social justice, respect the dignity and worth of each person, understand the importance of human relationships, create integrity, and promote competence. As long as I follow these guidelines, I can offer my services and continue in the social work profession and avoid unethical conduct.

References
Children’s Bureau. (2013). U.S. Department of Health. Retrieved April 15, 2013, from: http://www.acf.hhs.gov/sites/default/files/cb/cm11.pdf#page=28
Code of Ethics. (2008). National Association of Social Workers. Retrieved April 15, 2013, from: https://www.socialworkers.org/pubs/code/code.asp
Mandated Reporters of Child Abuse/Neglect. (2013). Vermont Department for Children and Families. Retrieved April 15, 2013, from: http://dcf.vermont.gov/fsd/reporting_child_abuse/mandated_reporters
The Vermont Statutes Online. (2010). Vermont State Legislature. Retrieved April 15, 2013, from: http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=33&Chapter=049&Section=04913
What is Child Abuse and Neglect? (2006). Child Welfare Information Gateway. Retrieved April 15, 2013, from: https://www.childwelfare.gov/pubs/factsheets/whatiscan.cfm