Focus Area 4: Ethics
6. Confidentiality and Mandatory Reporting
You work hard to build trusting relationships with the young people you serve. You understand the importance of respecting them and when they entrust you with information expecting you’ll keep it confidential, you can sometimes find yourself in a real bind.
Whenever possible, you should strive to honor the confidentiality of what youth tell you. However sometimes the safety of the youth or of others supersedes confidentiality.
In many states, some professionals are required to report to the proper authorities if someone they are caring for is an imminent threat or may harm themselves or others. Some information cannot be kept confidential. Knowing this upfront and communicating the boundaries to the youth you serve will avoid uncomfortable binds for both of you.
WHEN TO REPORT
Because reporting requirements vary by state or even by county, we cannot advise whether you, as a youth worker, are a “mandatory reporter” in your particular jurisdiction. You need to find out whether you are a mandatory reporter in the state and county where you are providing services. If you are unsure, definitely check with your supervisor now, rather than later when a crisis arises.
If you are a mandatory reporter, it is important that the youth you serve are informed ahead of time what the limits of their confidentiality with you must be. This is best handled with a consent form when youth begin receiving services from you and your organization.
KNOW YOUR ROLE AS A MANDATED REPORTER
“Mandated Reporter” refers to any person in a specific role who is required to report any instance of suspected child abuse. There are four primary categories of child abuse:
- Neglect
- Physical abuse
- Sexual abuse
- Psychological or emotional abuse
Each jurisdiction (e.g. state or county) will have its own set of requirements for who is a mandated reporter, what instances must be reported, and what the specifics of the reporting process are. Because there can be wide variation in the specifics, it is not possible to outline them all here.
Our intent is to give a broad overview but it is your responsibility to know and follow the requirements of the state and county where you work.
Even if your local jurisdiction does not have a requirement that applies to your specific role as a youth worker, the program or agency you work for may have its own guidelines and requirements.
Check with your supervisor to be sure you understand what is expected of you. You have a great responsibility to protect the welfare of the young people you serve, whether that is mandated by law or not.
It bears repeating that your very best source of information about whether or not you are required to report is your employer.
The agency you work with will already know the applicable law in your area. Most likely they will have a defined process and procedure in place, designed around the law of the jurisdiction they operate in. Your employer will require you to follow their mandated reporting process so talk with your supervisor about what is expected of you.
Understanding your responsibility as a mandated reporter and following your agency’s procedure and the law will protect the youth, you, and your employer.
If you are in a role that requires you to report, don’t wait for an incident to occur before you decide to learn the law and the procedure to follow for the organization you represent. Know the requirements beforehand and you’ll be less likely to miss or overlook any instance that needs to be reported.
Even if you are not required by law to be a mandated reporter, you have a professional responsibility to attend to the safety and well-being of the youth you work with. Being aware of what constitutes child abuse, knowing what signs to watch for, and understanding what to do if you suspect child abuse is vital.
It's also important to recognize that there are times when reporting may actually cause more harm than good. This doesn't minimize your role as a mandated reporter by any means, but it does ask you to critically think about each situation to decide what your best approach will be. In the video below, Miriam Itzkowitz with the Institute to Transform Child Protection talks about your ethical responsibility to support young people and their families when you consider making a report.
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