Counselors’ Mandated Responsibility to Report Child Maltreatment: A Review of U.S. Laws

Kenny, Maureen C.; Abreu, Roberto L.; Helpingstine, Claire; López, Ángel Torío; Mathews, Benjamin P.

doi:10.1002/jcad.12220

Cited by 13 publications

(13 citation statements)

References 33 publications

(56 reference statements)

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“…For example, because many of these state policies define affirmative medical care for TGD youth as child abuse, mental health professionals may find themselves in an ethical conflict when providing services to TGD children and their families; and specifically for parental figures of TGD children under the age 18. Although it is unclear from the antitransgender laws being passed exactly how should mental health providers handle the conflict between supporting TGD children and their families in accordance with current standards of care versus legal requirements, it is crucial for mental health providers to become intimately aware of what constitutes child abuse in their state (see review in Kenny et al, 2018), the Standards of Care for the Health of Transsexual, Transgender, and Gender-Nonconforming People (Coleman et al, 2012), and mental health organizations’ guidelines for working with transgender people (e.g., American Psychological Association, 2015). To take these recommendations a step further, we pose that it is not only the ethical responsibility of mental health providers to oppose these bills, but their duty to engage in acts of civil disobedience to protect TGD people and their families (see Flynn et al, 2021 for a review).…”

Section: Discussionmentioning

confidence: 99%

Impact of gender-affirming care bans on transgender and gender diverse youth: Parental figures’ perspective.

Abreu¹,

Sostre²,

Gonzalez³

et al. 2022

Journal of Family Psychology

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Transgender and gender diverse (TGD) youth in the United States are met with systemic barriers that affect their physical and mental health. Recent scholarship has found that TGD youth have been negatively impacted as a result of antitransgender federal, state, and local laws and bills. Given the crucial role of parental figures in the well-being of TGD youth (e.g., supporting their child's health-care decisions), parents can provide important insight about the experiences of their children as they navigate the effects of antitransgender legislation. This study aimed to explore parental figures' perceptions of how bans on gender affirming care affect their TGD child and parental figures' advice for legislators/policymakers regarding the impact of these laws and bills on the well-being of TGD youth. Responses to an online survey with 134 selfidentified parental figures of TGD youth were analyzed. Thematic analysis revealed five themes regarding the impact that these antitransgender laws and bills have on TGD youth, including (a) depression and suicidal ideation/risk of suicide, (b) anxiety, (c) increased gender dysphoria, (d) decreased safety and increased stigma, and (e) lack of access to medical care. Parental figures also provided direct feedback to legislators/policymakers regarding the impact of these laws and bills on the well-being of TGD youth, including (a) transgender youth health is not a political issue, (b) decriminalize gender affirming medical care, (c) decrease discrimination and violence against transgender people, and (d) become educated on transgender health-care issues. Recommendations for research and practice are discussed.

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Section: Discussionmentioning

confidence: 99%

Impact of gender-affirming care bans on transgender and gender diverse youth: Parental figures’ perspective.

Abreu¹,

Sostre²,

Gonzalez³

et al. 2022

Journal of Family Psychology

Self Cite

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“…MR is a mechanism instituted by law that requires certain professionals to report suspected child maltreatment to child protection authorities and has been a model used for decades to protect those who may be experiencing abuse or neglect, to connect individuals and families to needed services, and to prevent future abuse and neglect (Kenny et al, 2018; Mathews & Bross, 2008, 2015; Raz, 2017). MR policies have rapidly expanded, though, over the last several years to now include those most affected by abuse and neglect.…”

Section: History Of and Variation In Mr Policy In The United Statesmentioning

confidence: 99%

Mandatory Reporting and Adolescent Sexual Assault

Bailey

Shaw

Harris

2021

Trauma, Violence, & Abuse

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Adolescents experience alarmingly high rates of sexual violence, higher than any other age-group. This is concerning as sexual violence can have detrimental effects on teens’ personal and relational well-being, causing long-term consequences for the survivor. Still, adolescents are hesitant to report the assault or seek out services and resources. When an adolescent survivor does seek out services, they may interact with a provider who is a mandatory reporter. This scoping review sought to synthesize the current U.S.-based research on the role, challenges, and impact of mandatory reporting (MR) in the context of adolescent sexual assault. Database searches using key words related to MR, sexual assault, and adolescence identified 29 peer-reviewed articles. However, none of these articles reported on empirical investigations of the phenomenon of interest and instead consisted of case studies, commentaries, and position papers. The scoping review was expanded to provide a lay of the land of what we know about the intersection of adolescent sexual assault and MR. Results of the review indicate that though implemented broadly, MR policies vary between individuals, organizations, and states and have historically been challenging to implement due to this variation, conflicts with other laws, tension between these policies and providers’ values, and other factors. Based on the available literature, the impact of MR in the context of adolescent sexual assault is unknown. There is a critical need for research and evaluation on the implementation and impact of MR policies, especially in the context of adolescents and sexual violence.

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“…73 Research has found that education on reporting laws is key to competence in reporting. 74 The Form 22 set out in the regulations to the Children's Act must be completed for each child by a mandatory reporter and contains guidance as to what is reasonable and suspicious. However, Jamieson et al's study revealed that only 5% of the reports were recorded on the prescribed form.…”

Section: Lack Of Understanding Reporting Legislation and Hard Evidencementioning

confidence: 99%

Reversing the ‘syndrome of secrecy’: Peremptory reporting obligations in cases of child abuse and neglect

Bekink

2021

SA crime q.

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Mandatory reporting laws are a controversial mechanism that require members of particular occupations to report cases of serious child maltreatment that they encounter in the course of their work to welfare or law enforcement agencies. In April 2019 a video went viral in which a woman filmed her colleague beating toddlers at a crèche in Gauteng. The crèche was closed, and arrests were made, including of the videographer. Given extent of violence and abuse against South African children, this paper investigates whether South African law adequately provides for the liability of those compelled to report child abuse but who fail to do so, why mandated reporters fail to report abuse, and how South Africa’s mandatory reporting rules should be amended to better serve their purpose.

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Counselors’ Mandated Responsibility to Report Child Maltreatment: A Review of U.S. Laws

Cited by 13 publications

References 33 publications

Impact of gender-affirming care bans on transgender and gender diverse youth: Parental figures’ perspective.

Impact of gender-affirming care bans on transgender and gender diverse youth: Parental figures’ perspective.

Mandatory Reporting and Adolescent Sexual Assault

Reversing the ‘syndrome of secrecy’: Peremptory reporting obligations in cases of child abuse and neglect

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