How Do I Know if I'm Required to Make a Report to CPS?

Using the Making the Tough Call Decision Making Framework

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Mandated reporters often struggle with making a decision to report, or not report, to Child Protective Services (CPS). Unprepared, many mandated reporters simply make reports assuming that it is "better to be safe than sorry." As a result, too many unnecessary reports are made which overwhelm limited resources and traumatize children and families instead of helping.

When determining if you are required to make a report to CPS, or not, mandated reporters should use a consistent process that explores the objective and subjective considerations necessary to making an informed decision. Making the Tough Call has updated their decision making framework that helps mandated reporters make and document their decision. You can sign up to access that decision making framework for free through our Making the Tough Call homepage.

We'll outline how to use that decision making framework here:

Step One: Gather the Basics

Before you dig into your specific concerns, it helps to get grounded in the basics that apply whether or not you end up making a report.

Consider where you are, and where the child/family is. What state are you in? What state are they in? Are those states different? If so, there might be different standards to consider. Some states have a limited list of who is a mandated reporter, whereas other states require all adults to make reports to CPS.

What is the legal threshold for suspicion that you need to consider? Different states have different standards for you to use when determining if you are required to make a report to CPS. A common standard is "reasonable suspicion" or "reasonable cause to suspect/believe". This standard evaluates whether another person with your knowledge, education and experience would have been suspicious if they were in your shoes.

Are you concerned about a child being left home alone, or otherwise unattended? If so, consider if the relevant state has defined an age at which a child can or cannot be left home alone. While many state websites provide a suggested age, in most states these are just guidelines. Very few states actually have a law or regulation with specifics. Check out our blog about evaluating concerns related to unsupervised children.

Step Two: Identify Your Concerns

Now that you have considered the relevant standards in the appropriate state(s), it is time to focus on your concerns.

What type(s) of maltreatment do you suspect might be occurring? Most states require reports when the conditions relate to specific legal definitions of NEGLECT, PHYSICAL ABUSE, SEXUAL ABUSE, and/or EMOTIONAL ABUSE. These definitions are similar across states, but there are some important differences to consider.

None of these definitions relates to what you personally think is "good" or "bad" parenting. These definitions relate to serious conditions that have caused significant harm to a child, or will result in significant harm to a child if CPS does not intervene. If you are not sure what the definitions of these forms of maltreatment amount to, check out resources linked on our website HERE.

Once you identify the definition(s) of maltreatment that relate closest to your concerns, you should be prepared to identify and explain any physical or behavioral indicators related to those concerns. It is not enough to have a judgement or a feeling; you need to be able to explain to CPS what evidence you have to support your concerns.

This evidence can relate to conditions or actions that you observed (e.g. bruises or marks on a child, troubling interactions between a parent and child, etc.). This evidence can also relate to behavior of the child or their caretaker that raise concern (e.g. a child's fear of a particular person, extremes in a child's behavior, etc.).

It is vital to recognize that the existence of most indicators relate to situations that do not involve maltreatment. When evaluating indicators that relate to your concerns, make sure to consider reasons for these indicators that are not related to child maltreatment.

Are your concerns related to harm that has already happened to a child? Or are you concerned that a child is at risk of harm? Why does it matter? If your concerns relate to harm that has already happened, and you determine that the harm was caused by the parent chances are a report will likely be required. However, the vast majority of reports to CPS relate to situations where reporters are concerned that a child will be harmed in the future, but the child has not yet been harmed.

Concerns about harm in the future are ONLY required if that harm is IMMINENT. "Imminent" means that there is nothing that can be done to prevent the harm from happening. If harm has not yet occurred, and there is something that can be done to prevent the harm, a report is likely not required. In those cases, you should connect a family to resources and supports to reduce the risk of harm.

IMPORTANT NOTE: A report to CPS when harm has not happened or is not imminent will not guarantee the family gets help or support. And, in many cases such a report will cause the family harm, instead.

At this point, it's also worth asking who you suspect is responsible for the maltreatment you're evaluating. In many states, you are only required to make a report to CPS if the maltreatment relates to behaviors or inactions of a child's parent or other person legally responsible for them. For instance, in New York State, the CPS hotline can only take a report if the perpetrator is a parent, other person legally responsible for a child, or an adult with other particular connections to the child.

DECISION POINT 1

Do your concerns meet the definition(s) of maltreatment in this state?

If your concerns meet a definition of maltreatment, you should move on to Step 3.

If your concerns do not meet a definition of maltreatment, you are not required to make a report to CPS. You should, however, be prepared to offer a child and family access to resources to address the conditions that caused you concern. You can support a family, even if you are not required to report a family!

If you're not sure, that's a valid answer too — continue on to Step 3 for a fuller evaluation, and check out resources at our website and/or talk to colleagues and/or supervisors along the way.

Step Three: Evaluate Your Concerns

If your concerns meet a definition of maltreatment in the relevant state, you are still not necessarily required to make a report to CPS. You need to evaluate your concerns further.

Consider the "minimum degree of care" standard. The vast majority of reports to CPS are of neglect concerns. The definition of neglect in most states relates to a failure of a parent to provide a "minimum degree of care". Parents are not required to be perfect. In fact, the law does not require parents to be "good", and does not penalize parents simply for being "bad".

There are many reasons why parents and caretakers might struggle to meet expectations for their children's care. But the law only considers them to be "neglectful" if they failed to provide a "minimum degree of care". In cases where a parent is trying really hard to meet their children's needs, but due to conditions outside their control, like poverty, a report would generally not be required. Instead, you should connect a family to services and other supportive resources.

Now it is time to consider the impact of your perspective (lenses) and biases. Implicit and explicit bias can impact our evaluation of cases we consider for reporting. We might have beliefs or judgements about a person due to a variety of factors, like where someone lives, what their level of education is, or how many children they have. Your reactions to these circumstances might relate to experiences you had as a child or a parent; you might be projecting or expecting your past on others.

These biases can impact our evaluation of our concerns when considering a report to CPS, and that's not good. To avoid your biases leading you to make a report to CPS when one is not required, it is recommended that you talk to colleagues and supervisors during this process of evaluating your concerns. Be open to hearing different perspectives.

Is the child victim, or their parent, someone you interact with professionally? In some states, like New York, you are only required to make a report if the child victim or their parent "come before" you in your professional role — in other words, you may not be required to report concerns about a family you don't actually have contact with in your professional capacity. This is a separate question from who is alleged to be responsible for the maltreatment: it's about your relationship to the family, not theirs to each other.

DECISION POINT 2

Considering your answers above, do you believe you are required to make a report to CPS? If you're still not sure, talk to a colleague or supervisor, and check out makingthetoughcall.info before deciding your next steps.

Step 4: What Do You Do Now?

Now you're ready to evaluate your legal obligations:

If your concerns: — Meet a definition of maltreatment in the appropriate state, AND — Your level of suspicion meets the threshold that prompts the requirement to report in that state, AND — The conditions of your role and the relationships of the alleged perpetrator to the alleged child victim trigger a requirement to report, then, YOU ARE REQUIRED TO REPORT TO CPS.

If you are required to report, here's what that looks like in practice: gather the information you'll need (the child's name and date of birth if known, an address where the child can be found, names of parents/caregivers, information about the alleged perpetrator, and the specific indicators or evidence you observed); make the report to the appropriate hotline; document your experience making the report; consider telling the family you made the report; and provide support, as appropriate, after the report is made.

If your concerns: — Don't meet a definition of maltreatment in the appropriate state, OR — Your level of suspicion does not meet the threshold that prompts the requirement to report in that state, OR — The conditions of your role or the relationships of the alleged perpetrator to the alleged child victim do not trigger a requirement to report, then, YOU ARE NOT REQUIRED TO REPORT TO CPS, but you should still connect a family to appropriate supportive resources and services.

If you're not making a report, document and date your reasoning, offer or provide support/referrals to the family directly, consult your supervisor and/or colleagues, and revisit your evaluation if new information emerges.

And if you still need more guidance after working through all of this? Consult your supervisor and/or colleagues, and check out the blogs, vlogs, and podcasts at www.makingthetoughcall.info.

Can you get in trouble if you determined that you were not required to make a report to CPS?

In situations where a mandated reporter has determined that they are NOT required to make a report, they cannot be held liable for consequences that are the result of a "failure to report". Penalties for "failure to report" are only available in instances where the mandated reporter "knowingly" or "willingly" failed to make a report that was required. If the mandated reporter followed a standardized procedure for determining if they were required to report, and determined that they were not, they did not "knowingly" or "willingly" fail to report; they made an informed decision that cannot be legally second guessed.

Too many mandated reporters make reports to CPS that are not required to be made. These unnecessary reports overburdened an already troubled system, making it even harder for CPS workers to do already difficult investigations. These unnecessary reports also traumatize families and children, and make those families less likely to seek support from professionals who are mandated reporters.

Mandated reporting is a complicated role. We protect children and support families by committing to a thoughtful approach to mandated reporting.

Please note, this blog is offered for information and consideration, but does not constitute legal advice.

For more information, resources and training opportunities check out www.makingthetoughcall.info and www.kraseconsulting.com