Mandatory Reporting: How to Minimize the Threat of a Lawsuit

As we previously stated in our post on mandatory reporters, failure to comply with the new reporting laws has serious consequences that can result in fines, jail time, and costly lawsuits. Thus, it’s important to understand why it’s now also in your best interest to accurately and promptly report suspected or witnessed acts of child abuse. Here are some tips on how to make what can be a very difficult situation just a bit easier and safer to deal with.

1. In any situation where a report of child abuse is being made, it is incredibly important that the reporter remains empathetic and communicates with the family of the child. This can be especially difficult when the child has suffered a serious injury, but there is strong evidence that if the reporter can calmly make a report, empathize with the parents, and explain the situation, then reporters can effectively reduce the threat of a lawsuit. Be sure to also explain your role and responsibility as a mandatory reporter.

2. Report suspected or witnessed child abuse IMMEDIATELY. Prompt reporting cannot be emphasized enough. Even in situations where the witnessed offense seems minor, the consequences for waiting to report can be very serious.

3. If you are in a situation where a child has disclosed an act of abuse to you, record what was said to you “verbatim.” It is extremely important that you report what was said word for word and use the exact language that the child used.

4. Allow child protection and/or law enforcement to conduct their investigation. They are obligated by law to conduct an investigation following a report of child abuse.

5. Last but not least, maintain confidentiality. For individuals who work in professions where confidentiality is already a major issue, continue to uphold the utmost standard of confidentiality. For mandatory reporters where confidentiality is not already essential to your occupation, take every precaution possible to maintain the privacy and confidentiality of all parties involved.

The state of Louisiana also has laws in place to protect reporters from civil or criminal liability. This law stipulates that no cause of action shall exist against anyone who in good faith makes a report, cooperates in any investigation arising as a result of such report, and participates in authorized judicial hearings. However, this immunity will not be extended to any person who makes a report known to be false. In such a case, you are no longer protected from civil or criminal liability and can be sued.

The following charts and lists provide a simple breakdown of the consequences of failing to report immediately and how to avoid civil and criminal liability. As always, leave a comment if you have any questions, and we will do our best to respond!