Understanding Mandated Reporting Obligations for Professionals

One persistent question for mandated reporters is whether to report incidents when the victim is now an adult, but the possible abuse happened when the victim was still a minor. Some states interpret the statutes as designed to protect minors from the obligation of reporting, but only while they are minors. This means that if the victim is now an adult, professionals may not be required to report the incident. 

On the other hand, there are states that have determined that the obligation to report attaches when the abuse happened, not when the mandated reporter learns of the possible abuse. This means that even if the victim is now an adult, professionals may still be required to report the incident if it occurred when the victim was a child.

Minnesota recently joined this latter group. The Court of Appeals concluded that the word "child" in the mandated reporter statute refers to an individual who was a child at the time of the maltreatment, not someone who still is a child. This means that if you are a therapist in Minnesota and learn of possible abuse that occurred when the victim was a child, you have a legal obligation to report it, regardless of the victim's current age.

It's important for all professionals to understand their responsibilities when it comes to mandated reporting. If you are unsure about the laws in your jurisdiction or have any doubts about a particular situation, consult with a legal professional who can help you work through your specific state statutes.