Understanding Mandated Reporting and Minor Consent

The purpose of mandated reporting is to protect people from abuse. Mandated reporters tell child protection agencies or the police about situations that might be abusive.

Mandated reporters must be over 18 years of age. If you are under 18, you must tell your supervisor and your supervisor must make the report. Health care providers, educators, clergy, counselors, and many other professionals, especially in service related professions are all considered mandatory reporters.

Most sexual activities between minors close in age, who both consent, are not reportable. While there are laws against minors having sex, it is not your job to enforce those laws. Your job is to help protect people from abuse.

Some situations must be reported.

Situations that must be reported, especially for clients, students, or anyone you serve under the age of 18 include:

• If the person has been forced to have sex, or has sex without his or her consent. This is called rape.
• If the person has sex with a family member. That includes grandparent, parent, son, daughter, brother, sister, aunt, uncle, niece, or nephew. This is called incest.
• If the person has sex with a step-family or foster family member. This is also considered incest.

You must also report if a client or student of any age has a physical injury as a result of partner violence.

Certain kinds of “consensual” sex may be reportable.

Even if the client or student is under 18 and having sex because they want to, it may still be reportable:

• If the person is having sex with a relative of any kind.
• If the person is being exploited or influenced by someone much older. This can be considered sexual coercion.
• If the person is being abused or pressured in any way. This may also be sexual coercion.

Be aware and alert for possible abuse.

• If you think there might be abuse, report it or tell your supervisor about it. You don't need to know for sure.
• Even if the person tells you a report has already been made, you must still follow through and make a report or tell your supervisor. Your supervisor or the child protection agency will decide if a report is needed.

Some questions to help identify possible abuse:

1. How old is the client or student? (Refer to this chart for more information.)
2. Is the sexual partner a family member (mom, dad, brother, sister, grandparent, aunt uncle, niece or nephew)? Incest must be reported, even if it is voluntary.
3. Do I know the age of the partner? Sexual intercourse or sexual activity with partners of certain ages must be reported. However, the law does not require you to ask the age of the partner.
4. Did/does the partner force, bribe, intimidate, coerce and/or exploit the client or student? Rape or any kind of sexual activity without that person’s consent is always reportable.
5. Is this a life and death situation? If yes, it must be reported to the police.This includes any physical abuse that happens inside or outside of the home.

If you hear or suspect any of these situations, report it or tell your supervisor. You will need to go by the guidelines of your state and/or county as well as your agency’s protocols. This chart can also assist you. Follow your agency’s protocols regarding how to make the report and to which agency.

See some sample case scenarios and think about what you would do.