In my home state of Indiana, it is required by law that one must report child and/or elder abuse and neglect. Having to be a mandated reporter for children and the elderly is scary and rewarding at the same time. Children and many elders cannot speak up or protect themselves, so someone must do it. Unfortunately, “in the mental health practice, mandated reporting of child abuse occurs commonly.” “Nearly 1.2 million mental health professionals and educators made reports about possible abuse or neglect” (Welfel, 2016). When it comes to disclosing the information within the report, it is made available to the person being investigated and any attorneys on the case. The identity of the person making the report remains protected (Bender, 2016).
Confidentiality always comes into play when making reports about your clients. “Confidentiality is a duty” (Welfel, 2016). Clients feel safe and secure when they know that your conversations are confidential. “In fact, research suggests that most clients expect that virtually everything disclosed in counseling will be held in strict confidence” (Welfel, 2016). In today’s society, it is sad that we cannot rely on people’s consciences to protect the ones who cannot protect themselves. “The duty to protect one from harm is stronger than the professional’s obligation to confidentiality” (Welfel, 2016).
How would I feel being a mandated reporter? Well, many emotions come to mind such as; nervous, responsible, conflicted, insecure, scared, and happy. Those emotions are scattered across the board. Being a counselor, confidentiality is mandatory and could cause conflict. According to Maggie Bender, “it is a challenge holding dual roles of advocate and support to families while simultaneously being a mandated reporter” (Bender, 2015). Counselors “worry that reporting will sever the counseling relationship or otherwise damage therapeutic progress or family functioning” (Welfel, 2016 p. 126). If one is unsure about if a situation is ground for reporting or not, there are options. “They may call children’s services and ask about a hypothetical situation; they may consult with another colleague; or they may seek a legal option” (Welfel, 2016 p. 126). When you believe one is in danger, you must report it, no matter your relationship with the client.
When it comes to your clients, I believe that it could potentially help and/or hinder your relationship. Having to make a mandated report isn’t easy on either side. However, it is your duty. If a mandated report is made and you want to let the client know (it is not a must) they may feel betrayed, hurt, and angry. Their emotions may take a toll on you. In the end, you followed your duty as a profession to do the right thing. You must protect yourself as well as the client. All the professional is obligated to do is report the suspected abuse. After that, “it is made so Child Protective Services (CPS) or other legal agencies can access whether abuse or maltreatment has taken place” (Bender, 2015).
Looking at personal morals and values, none of mine would make if difficult to report potential child or elder abuse. There is absolutely no circumstance where abuse or neglect is acceptable. From a different standpoint, I could see where one’s personal morals/values could conflict with mandated reporting such as; religion or even the topic of whether spanking is right or wrong.
The American Psychological Association (APA) code of ethics “is intended to provide guidance for psychologists and standards of professional conduct that can be applied by the APA” (American Psychologist, 2002). When it comes to the question “do these laws align or conflict with the APA codes?” I’d say yes. When a professional is making decisions, one must consider the ethics code and other laws applied to the psychology. A couple principles that stood out to me when comparing mandated reporting to the APA code of ethics were, Principle E: Concern for Others and Principle F: Social Responsibility (Welfel, 2016). Within the APA codes, there is section 5.05 Disclosures, part of that clause is “psychologists disclose confidential information without consent of individual only as mandated by law, or where permitted by law for a valid purpose, such as, to protect the patient or client or others from harm” (‘Ethical Principles of Psychologists and Code of Conduct’, 2002).
When you take on any profession within psychology, you also take on a role of being a mandated reporter. Some pros of mandated reporting are that you could help save a life, you are able to speak up for those who can’t, all while maintain your professionalism and keeping your loyalty. A few cons could be your relationship with the client becoming tarnished, clients could be discouraged from seeking help again, and your suspicion of abuse could be wrong. Knowing a child or elder is being abused or neglected puts responsibility upon you, as a profession to seek out help.
References
- American Psychological Association (APA). (2002). Ethical Principles of Psychologists and Code of Conduct. Washington, DC: Retrieved from http://www.apa.org/ethics/code/index.aspx
- Bender, M. (2015). Mandated Reporting When Engaged in Family Work. The Social Work Careers Magazine. Retrieved from https://www.socialworker.com/feature-articles/practice/mandated-reporting-while-doing-family-work/
- Ethical Principles of Psychologists and Code of Conduct. (2002). American Psychologist, 57(12), 1060-1073.
- Mandatory Reporters of Child Abuse and Neglect. (2019). Retrieved from https://www.childwelfare.gov
- Welfel, E. R. (2016). Ethics in counseling and psychotherapy: Standards, research and emerging issues (6th ed.). Belmont, CA: Brooks Cole. (Chapter 5)