Statutory Threshold Wording is Associated with Child Maltreatment Reporting

Abstract

The purpose of this study was to determine whether statutory wording of child maltreatment mandated reporting legislation was associated with reporting patterns and substantiation of abuse across U.S. states and territories. Annual state averages for total referrals, referrals screened-out, referrals screened-in, referrals substantiated, and child population (all children in the U.S.; annual average = 74,457,928) were obtained from the 2010-2017 Child Maltreatment Reports. Odds ratios were calculated for: (1) two major statutory language frameworks ( suspicion versus belief), (2) seven sub-categories (e.g., suspect, reasonably believe, etc.), and (3) universal mandated reporting (yes versus no). Use of suspicion (versus belief) was associated with higher rates of referrals made (OR = 1.13) and screened-in (OR = 1.13), but lower substantiation rates (OR = .92). States using universal mandated reporting (versus those who did not) had slightly lower rates of referrals (OR = .99), but higher rates of referrals screened-in (OR = 1.16) and substantiated (OR = 1.06). Differences in statutory wording are associated with variability in reports, suggesting the possibility that statutory wording is one factor involved with these differences. However, future research is needed to explore alternative contributing factors and/or explanations.

Child Maltreatment, the Law, and Two Types of Error

“…Although I’ve focused here on the tradeoffs between recognition and recall, and on the evidentiary value of disclosures of sexual abuse, similar issues arise in other child maltreatment contexts. Worries about underreporting of child abuse (false negatives) are countered by worries about overreporting (false positives) (Piersiak et al, 2022). Child protection in many jurisdictions veers between highly publicized cases of children dying in abusive homes under the government’s supervision (false negatives) to unnecessary removal of children from falsely accused parents (false positives).…”

Commentary: The Legal System Response to Child Maltreatment

“…Piersiak et al (2022) explored the relationship of the wording of state mandated reporting statutes to rates of reporting and substantiating child maltreatment. They found that states that based mandated reporting on suspicion that maltreatment occurred, rather than a belief it occurred, had higher rates of reporting and screening in for investigation, but lower rates of substantiation.…”