Decision-Making and Mandatory Reporting

There are various factors social workers consider when rendering accurate reporting decisions concerning child maltreatment which include legal, mandatory reporter, situational, professional, and relationship. Social workers must balance these factors to render decisions that are ultimately in the best interests of the client. This section will provide further explanations on these factors. 

Click on the different sub-sections below to navigate the page!

• Legal Factors
• Situational Factors
• Professional Factors
• Relationship Factors

Legal Factors 

Knowledge of Legislation 

     Mandatory reporting legislation varies from province to province and territory to territory. There does not exist a single, unified system of child welfare. Previous research has shown that clarity of a professional’s legal requirement was most strongly related to the likelihood of reporting child abuse and neglect. When social workers understood when a report of child maltreatment was legally required, they were more likely to report (Goodyear-Smith, 2012; Tufford & Lee, 2019). 

Legislative Language 

     Definitions of maltreatment range from broad and general to narrow and specific. Statutory wording of mandatory reporting laws has been found to be a cause for concern, with vaguely worded statements potentially leading to underreporting (Finkelhor, 2005) or overreporting of maltreatment (Besharov, 2005). Vague language such as “reasonable suspicion,” “cause to believe,” and “reasonable cause to know and suspect” are listed as potential reporting requirements and terms such as “maltreatment” and “neglect,” that lack precision in their definitions, can confuse mandatory reporters as to what constitutes reportable behaviour and leave discretion to the reporter (Levi et al., 2006; Levi & Loeben, 2004). Wording of this nature may lead mental health professionals to make decisions guided by factors of a personal or subjective nature that may have no relevance to the situation in question (Ashton, 1999).

Agreement with Legislation 

     Social workers may agree or disagree with mandatory reporting legislation. Research has shown that social workers who do not agree with their legal obligation as a mandatory reporter were less likely to report child maltreatment (Tufford, 2014; Tufford & Lee, 2019).

College / Association Requirements 

     Due to the regulated nature of the social work profession, social workers must be part of a provincial or territorial college or association. Colleges or associations may have a Code of Ethics to guide professional behaviour with regard to issues of confidentiality, informed consent, and mandatory reporting of child maltreatment. 

Mandatory Reporter Factors 

Disciplinary History 

     Disciplinary history concerns the personal discipline the social worker received during their formative years. The experience of hearing a child or adult recount a disciplinary experience within a professional context is likely to generate reflection and possible emotional response regarding one’s own disciplinary history (Baginsky, 2003; Buckley, 2000). The relationship between how adults were disciplined during their formative years and their beliefs about discipline and maltreatment is complex; for example, a social worker who experienced a type of punishment as a child is more likely to feel that this type of punishment is appropriate and approve of its use unless his or her appraisal of the experience is negative (Ashton, 2001, 2004). Negative appraisals generally include feelings of rejection, unfairness, harshness, or abuse and thus, lead to a decreased likelihood of endorsing this form of punishment as normative (Schenck et al., 2000). This is very much an individual value judgment in which parental behaviour considered to be serious by one social worker may not be viewed as serious by another social worker. Social workers who assessed their childhood experiences of discipline as abusive were more likely to suspect potential or questionable abuse (Hansen et al., 1997; Nuttall & Jackson, 1994). Conversely, punishment not appraised to be abusive or harsh was more likely to be evaluated as appropriate, which may be problematic as mandatory reporters may be required to report behaviours they experienced and labeled as appropriate forms of discipline. 

Manage Conflict 

     A social worker who experiences difficulty managing conflict and who perceives that a parent will become angry or upset may be more hesitant to report despite having the best of intentions to maintain the relationship following the report (Tufford, 2012). 

History with CPS 

     Social workers who were involved with CPS during their formative years may be impacted either positively or negatively by this involvement now that they are acting in the role of a professional. A previous positive experience with the CPS may lead to a willingness report whereas social workers with an unfavourable experience may be reluctant (Tufford, 2012). 

Attitude Towards CPS 

     A social worker’s attitude towards the functioning of CPS may affect their decision-making processes. Tilden et al. (1994) found that the primary reason why clinicians choose to not report suspected child abuse and neglect is that doing so unleashes a series of events which unfold outside their control. Research has shown that social workers’ have many concerns around CPS including a perceived inadequacy to conduct thorough investigations, failure by intake and investigation workers to take reports seriously, failure to protect other children residing in the home, lack of funding for CPS, and negative responses by child protection workers toward the reporter (Strozier et al., 2005; Tufford & Lee, 2019, 2020; Tufford & Morton, 2018). If a social worker believes that a situation will not be investigated due to lack of resources or not taken seriously, this may affect his or her decision to report. However, social workers are legally obligated to report suspected child abuse and neglect. Therefore, social workers who are biased against CPS may not report, which may result in harm to the child. 

Gender 

     Gender may also factor into the decision-making process; however, the evidence is contradictory. Some studies have found gender (female) is a factor (Al-Moosa et al., 2003; Attias & Goodwin, 1985; Broussard et al., 1991; Dukes & Kean, 1989; Gunn et al., 2005) while other studies have found gender is not a factor (Ashton, 2004; Tufford, 2012). 

Parenthood 

     This factor examines the social worker’s status as a parent. This could have implications in that social workers are not simply hearing about parental discipline from the client but may be currently in the role of disciplinarian themselves to their child. Parenting one’s own child may surface discipline issues previously unconsidered and may foster opinions about what constitutes acceptable or unacceptable parenting practices. Some studies show parenthood being a significant predictor (Snyder & Newberger, 1986) while other studies do not support this (Ashton, 2004; Tufford, 2012). 

Cognitive Errors 

     Mandatory reporters’ decision-making can be impacted by cognitive errors, also known as mental shortcuts. One mental shortcut is called the “affect heuristic” which involves an increased tendency to remember images and experiences which are disturbing, vivid, and negative. These are given more weight than images or experiences which are positive. Negative experiences of calling CPS will stand out in the minds of mandatory reporters more readily than positive experiences and may impact decision-making. 

Situational Factors 

Child or Family Characteristics 

     Some of the more common characteristics are age and socio-economic status. For example, mandatory reporters are more likely to report in situations with younger children as opposed to older children (Kalichman & Craig, 1991). Mandatory reporters are also less likely to report situations where clients are white and affluent (Newberger, 1983). In terms of socio-economic status, it is well documented that children from poor families are overrepresented in the child welfare system. Low socio-economic status is often related to living below the poverty level, having inadequate housing, and/or receiving assistance from social services. This may increase the likelihood of contact with mandatory reporters. 

Maltreatment Specifics 

     In determining the necessity of a report, social workers seek pertinent information or specifics around a disclosure such as what type of maltreatment, who was involved, what occurred, how did the child and parents react, what happened afterwards, were objects used, and what harm occurred. In seeking these details social workers gain a fuller understanding of the maltreatment scenario and then utilize their professional judgment to render the best decision. Research has shown that sexual maltreatment is more likely to be reported (Fraser et al., 2010; Kim & Lee, 2013). Severe injuries are also more likely to be reported (Kenny, 2004; Mathews & Kenny, 2008; Nouman et al., 2020; Xu, 2021). Maltreatment presently occurring is more likely to be reported than past maltreatment (Mathews & Kenny, 2008). Finally, an injury not consistent with the history or the child’s developmental level is more likely to be reported (Flaherty et al., 2008). 

Certainty of Maltreatment 

     This factor concerns the mandatory reporters’ level of certainty that maltreatment has, in fact, occurred. This may depend on the amount of evidence that is presented (Watson & Levine, 1989). Kalichman and Craig (1991) and Kalichman et al. (1989) found that child abuse and neglect where the child provided a verbal account of being maltreated were more likely to be reported. This is a significant finding for many maltreated children remain silent due to the fear of aversive consequences of disclosing maltreatment (Pierce & Pierce, 1985). 

     Reporting increases when a child has physical signs of maltreatment, a parent admits to being abusive (Kalichman et al., 1989) or when a child provides a verbal account of being maltreated (Kalichman & Craig, 1991). Increased evidence may imply more serious maltreatment whereas the perception of a lack of evidence may lead to non-reporting (Francis et al., 2012; Price & Kehn, 2022; Talsma et al., 2015). Some mandatory reporters wait for additional evidence to confirm if the situation warrants reporting (Strozier et al., 2005). 

     In addition, given that a disclosure of child maltreatment can take place without the child present, the dilemma for social workers is to make a decision concerning the welfare of the child in the absence of actually seeing or interacting with the child (Agatstein, 1989). Thus, social workers are basing the reports on the accounting of the clients before them. Some social workers do not report and instead wait for additional evidence to appear to confirm if the situation warrants reporting (Strozier et al., 2005). However, waiting for additional evidence is problematic, as the majority of legislation requires the reporting of a suspicion of child maltreatment and not evidence that it has occurred. 

Culturally-based Disciplinary Practices 

     Parents immigrating to Canada may engage in culturally sanctioned child rearing practices considered non-normative or harsh compared to those practices in Western society and may be viewed as maltreatment (Chang et al., 2006; Dubowitz, 1997; Fontes, 2002; Maiter, 2004). How social workers differentiate cultural parenting practices from child maltreatment while factoring in legal reporting obligations is unclear (Terao et al., 2001). Although acculturation should always be taken into account (Azar & Benjet, 1994), the obligation of social workers is to keep children from any culture free from present or future harm (Terao et al., 2001). 

Professional Factors 

Work Experience 

     The first factor is mandatory reporters’ work experience. Research has shown that mandatory reporters with more work experience were more likely to report to CPS and were less concerned with the potentially negative consequences. Essentially, more work experience can lead to more accurate assessment of the physical and emotional state of children (Kenny, 2001). Mandatory reporters with less work experience were more concerned with potentially negative attitudes by parents and parents and were less likely to report. However, other research has shown that professionals with longer practice histories tend not to report (Gunn et al., 2005). These latter professionals may be more cynical about their ability to intervene successfully in a case of suspected child maltreatment (Rollins et al., 2016; Tufford & Morton, 2018). 

Training 

     A second professional factor that may impact reporting decisions is training in the recognition of child maltreatment. Many mandatory reporters receive training during in-service opportunities, staff meetings, and webinars. Training can lead to improved recognition and reporting of child abuse, how to identify types of abuse, how to work with families affected by abuse, and a better understanding of CPS processes. Research has consistently shown that mandatory reporters with prior training in child abuse and neglect identification are more likely to report suspected maltreatment (Alvarez et al., 2010; Flaherty et al., 2000; Fraser et al., 2010; Gunn et al., 2005; Rolim et al., 2014; Shechter et al., 2000). Moreover, lack of training can be a barrier to accurate reporting (Al-Ani et al., 2021). 

Field of Practice 

     There is a paucity of research on how a social worker’s field of practice impacts one’s decision to report suspected child maltreatment. The majority of existing studies focus on the distinctions between mental health professionals such as social workers, psychiatrists, and psychologists; however, they fail to delineate fields of practice within each profession. An early study by Delaronde et al. (2000) did examine social workers, physicians, and physician assistants employed within four primary work settings: individual practice, group practice, hospital-based, and social service / school to determine their preference for an existing child maltreatment reporting policy or an alternative reporting policy. This latter category refers to reporting only certain types of suspected maltreatment while reserving less severe child abuse and neglect cases for consultation with a specialist functioning independently from CPS. The study found that mandatory reporters who worked in individual practice were significantly (p < 0.05) more likely to favour the alternative policy than those in group practice or in a hospital setting. 

     More recent research (Tufford, 2012) examined the decision to report based on a social worker’s field of practice including medical related practice, community related practice, child related practice and private practice. This research did not find that field of practice was a significant predictor in the decision to report suspected child maltreatment. 

Reporting History 

     Reporting history may also affect mandatory reporters’ current reporting tendencies. If reporting results in stopping maltreatment, this may increase the likelihood of future reporting. However, when reporting leads to negative results such as disruptions in therapy or litigation against the mandatory reporter, this will most likely decrease future reporting (Chatziioannidis et al., 2018). The effects of reporting on subsequent reporting decisions relate to the consequences of the decisions rather than the decisions themselves (Flaherty et al., 2013; Tufford et al., 2015). 

Consultation / Supervision 

     Consultation with peers, a supervisor, or discussion with the members of an interdisciplinary team may also impact the decision to report suspected child maltreatment as social workers value the opinions and perspectives of colleagues in their decision-making. Research conducted with members of the Ontario Association of Social Workers revealed that the opinion of colleagues was the top factor influencing decision-making to report suspected child maltreatment (Tufford, 2012). Consultation offers another perspective on the family’s struggles, provides guidance in ambiguous cases of child maltreatment, validates conflicting feelings around the inclusion of the CPS, and reduces feelings of isolation in the reporting process. Peers can play a meaningful role in assisting and guiding their colleagues to appropriate and professional decision-making. 

     This finding is consistent with that of other researchers who found clinicians in community settings (McLaughlin et al., 2010) and in a mental health and addiction centre (Bogo et al., 2011a, 2011b) sought and valued the advice of peers and co-workers when faced with clinical decision-making and challenging clinical issues. Specifically, clinicians appreciated the shared experience, practice wisdom, values, and perspectives of colleagues and even ranked talking with a colleague as the most important source of high-quality information. Clinicians learn from reflective discussions with colleagues, receive feedback, and are assisted in managing difficulties. Thus, findings from these two studies clearly demonstrate that social workers, even those not directly involved in a case of potential child maltreatment, play a meaningful role in assisting and guiding their colleagues to appropriate and professional decision-making. 

Employment Policies 

     In many social work settings, employment policy dictates that suspicions of child maltreatment must be discussed first with the social work supervisor prior to filing a report. The following paragraphs highlight the protocol social workers are expected to follow in a sample of three social work settings: a children’s mental health organization, a pediatric hospital, and a mental health research and counselling center. 

     A social work supervisor at a children’s mental health centre outlined that when faced with a suspicion of child maltreatment, the social worker and his or her supervisor must complete and sign a form. In addition, there is often an informal process of discussion before a report is filed, particularly if the situation is ambiguous in nature. 

     A social work supervisor at a pediatric hospital where social work functions within an interdisciplinary team explained the process in their setting. When a situation meets the legal reporting criteria a verbal report must be submitted directly to the CPS. The duty to report must not be delegated to another team member, in order to limit any possibility of inaccuracy and to allow for clarification questions by the CPS. If a health care team mutually decides that a case meets the legal reporting criteria, a designated member of the health care team, preferably the most knowledgeable about the client circumstance, should complete the report. The staff member who is reporting to the CPS is required by law to complete the report whether or not the responsible physician and / or other health care team members are in agreement. The hospital recommends that discussion occur with the CPS regarding informing the family of the report as well as with the responsible physician. 

      At a large mental health centre where social work also functions within an interdisciplinary team environment, the social worker who holds the suspicion that child maltreatment may be occurring must report verbally to CPS and note the report in the patient’s file. The hospital advises social workers to discuss any potential report to CPS with the interdisciplinary team while outlining the rationale for the report and any supporting information. 

     As can be seen in the above examples, employment policies may differ from context to context. When starting a new place of employment, social workers are advised to familiarize themselves with mandatory reporting requirements. In addition, should a place of employment offer training in mandatory reporting, social workers are advised to avail themselves of this training. 

Relationship Factors 

Impact of Reporting on the Relationship 

     Mandatory reporters such as doctors, teachers, or school principals often have lengthy relationships with patients or students that can span years. Moreover, in rural or remote parts of Canada there may not be another doctor or social worker clients can see or another school to attend. Mandatory reporters are often concerned about the impact on the relationship, clients having decreased trust of their social worker or terminating the relationship altogether which leaves mandatory reporters in the position of not being able to intervene to prevent future maltreatment. 

     Some mandatory reporters fail to report because they are afraid of affecting the therapeutic relationship. Research has shown that clients had been in treatment for roughly three months prior to the disclosure of child abuse or neglect. Thus, mandatory reporters may have formed powerful, therapeutic relationships with their clients. Therapeutic relationship outcome studies in cases of mandatory reporting have consistently shown that roughly 25% of cases were classified as having a negative outcome. Negative outcomes may include termination, missed appointments, lateness, client expressed anger, or threatened violence during session (Bean et al., 2011; Pietrantonio et al., 2013; Steinberg et al., 1997; Tufford et al., 2019; Weinstein et al., 2000). 

Reference: Tufford, L., Lee, B., Bogo, M., & Wenghofer, E. (2022). Maintaining a working relationship with clients when reporting suspected child maltreatment: Using simulation in education. Laurentian University, University of British Columbia, & University of Toronto.