Mandatory Reporting Policy Paper

Many professionals, from those in medical to social services, are subject to mandatory reporting policies. Though justified in intent, the personal experiences of some clients and professionals cast light on the potentially negative consequences of the implementation of these policies. Some researchers challenge the supposed merit of these policies as well. Clients who are vulnerable to abuse and neglect, including children, adolescents, adults in volatile intimate relationships, and the elderly, are all influenced by these policies in massive ways. Though mandatory reporting can definitely improve some situations desperately in need of outside intervention, the complex nature of differing circumstances involving abuse, neglect, or risk of
Professionals like school counselors have trouble reporting some instances of abuse or neglect due to numerous factors, including fear of inciting retaliation, internal ethical conflict, insufficient knowledge or awareness of the signs of abuse, lack of faith in social service agencies to intervene effectively, uncertainty regarding evidence, and other concerns (Valkyrie, 2008). There is plenty of evidence that, in spite of inconsistent adherence to these policies, the passage of mandated reporting laws astronomically increased the number of reports made in New York State and the nation as a whole (Watson, 1989). A number of studies have been carried out to determine whether or not filing reports has a significant impact upon the therapeutic relationship between a client and therapist. Levine and Watson determined that breaking confidentiality with a client by filing a report did not, in a majority of cases, have negative impact on subsequent therapy, although a sizeable minority that were perpetrators of abuse in treatment had a negative reaction. Steinberg et al found a similar dropout rate from therapy in their study at about a quarter of clients post-filing. These findings challenge the notion that reporting will irrevocably damage client trust, although it does point to the possibility that it may, in some cases, be a factor in some
The results mentioned above indeed run counter to the intuition that a break in confidentiality imposes an insurmountable barrier to retention in treatment, but these studies have their own shortfalls. As for client approach to a mandated reporter, one tends to assume that the possibility of the professional breaching confidentiality may play a substantial role in self-referral and in self-disclosure when in consultation. Some may be so guarded against divulging information about their circumstances for fear of what may happen that they fail to seek help or stay in treatment. There has been research done on various factors that influence help-seeking behaviors in individuals facing different kinds of adversity, from school bullying to domestic violence. Regardless of the reason, it has been shown that many victims of abuse fail to seek professional support and tend to seek help from informal routes (). It is well-established that at least one factor in this pattern of behavior is that fear of retaliation may dissuade victims from seeking external help that is likely to intrude and address the perpetrator