If you have reason to believe a child has been abused or neglected, you are legally obligated to report your concern to your local child protection agency and/or local law enforcement. As health care professionals, dentists and their staff are mandated reporters. All states have some type of mandatory reporting statute, either applying to professionals only or applying universally to anyone who suspects child maltreatment, including professionals.4
- States have different requirements regarding procedures, forms, and timing for making reports of suspected child maltreatment; consequently, all dentists should be familiar with their own state’s statutes on mandatory reporting; however, in general:5,23,24
- The duty to report is activated by “reasonable cause to suspect” or reasonable cause to believe” that a child has been maltreated.
- If there is reasonable cause to believe the child is at imminent risk of harm, call 911 for emergency law enforcement assistance.
- In all other cases, the verbal report should be made within 24 hours to maximize the ability of child protection and law enforcement to investigate and keep the child safe (state statutes may differ on the timing requirements).
- A written report documenting the assessment and treatment recommendations should be made within 48-72 hours (state statutes may differ on the timing requirements).
- The identity of the reporter is confidential; however, mandated reporters should be aware that they could be subpoenaed to testify about their observations (not the fact that they made a report) if the case goes to trial.
- A person who makes a good faith report is immune from criminal and/or civil liability.
- A report does not mean that the child will be taken out of the home immediately; the report triggers an investigation. Any out-of-home placement and/or services offered to the family will depend on the outcome of the investigation.
- Failure to make a mandated report can have implications for professional licensure.
- Failure to make a mandated report can be a criminal offense.