Sarah Guy

12/15/2015
Family Law and Public Policy
FAM 411
Mandated Reporting in Private Adoption
There is not a single student who will graduate from Concordias Family Life
program without hearing the phrase mandated reporting. However, knowledge of
the phrase does not ensure knowledge of its meaning. If one is going into a profession
where they are a mandated reporter, they should understand the ramifications of this
status. Therefore, this paper will discuss the meaning of mandated reporting, who is a
mandated reporter, mandated reporting guidelines in Michigan, and how mandated
reporting can come up in private adoption.
To begin, we must understand what mandated reporting is. Every state requires
anyone specified by the law knows or suspects that child abuse is occurring to report
the abuse to the authorities. If one does not comply, they may be subject to criminal
penalties. Some states specify certain professions to be mandated reporters. Other
states do not specify certain professionals and instead require everyone to be a
mandated reporter. However, the states that do not require everyone to be mandated
reporters do not prevent ordinary citizens from reporting suspected abuse. When an
ordinary citizen is the one making the report, it is called permissive reporting.
Permissive reporting is actually encouraged. The only reason a reporter would be

punished for making a report is if the report was made only out of malice and did not
have any basis in fact (Are You a Mandatory Reporter of Child Abuse?).
Next, who is a mandatory reporter? As we covered previously, in some states,
everyone is a mandated reporter. In others, only certain types of professionals are
mandated reporters and all other citizens are permissive reporters. But what types of
professionals are required to report? Most jobs that require work with children in a
medical capacity require you to be a mandated reporter, such as physicians, nurses,
medical examiners and EMTs. People who work in schools are generally required
including teachers, school counselors, and school administrators. Regulated child care
professionals are also mandated reporters. Social workers, social service technicians
are also. Michigan law also requires mental health professionals to be mandated
reporters such as psychologists, marriage and family therapists, and licensed
counselors. Finally, members of the clergy must also report suspected child abuse
("Mandated Reporters Are Required by Law to Report"). The goal here is clear: to
ensure that anyone who could feasibly know if a child were feasibly abused, be it
through physical evidence or the childs own omission, must report abuse so that
something may be done about it. By required professionals in all spheres of a childs
life to report, it creates a better chance that someone will notice the abuse and do
something about it. Some other states have more expansive requirements on who
must report that could be beneficial should they be adopted into Michigans
regulations. For example, in Colorado, coaches, directors, and film processors must
report ("Mandatory Reporters of Child Abuse and Neglect"). If Michigan included these

professions in their guidelines, it may be possible to improve preventions to child

abuse. The more people that are watching, the more likely something will be seen.
Keeping that in mind, what are the mandated reporting guidelines for
Michigan? To begin, everyone in the professions listed above must report according to
the laws of Michigan. Michigan also allows any other citizens to make permissive
reports, including children. A report should be made if the reporter has reasonable
cause to suspect that child abuse or neglect has occurred. Michigan also has a law that
requires mandated reporters to report to the institution they are a part. An
institutional report does not take the place of an official report to Child Protective
Services. Michigan also allows reports to be made anonymously. The reporter is not
required to list their name in the report and their identity is only disclosed if the
reporter gives their consent or it is revealed by judicial process ("Mandatory Reporters
of Child Abuse and Neglect").
Then, how can mandated reporting interact with private adoption? Mandated
reporting is involved whenever the adoption process involves people who are
mandated reporters. For example, to adopt, a family must have a home study
completed by a licensed social worker. If that social worker finds any reason to
suspect child abuse or neglect during the home study, they are obligated to report
their findings to Child Protective Services (Child Welfare Information Gateway).
Additionally, if a family is adopting a child who has not been born and the birth
mothers doctor finds evidence of child abuse or neglect while the child is still in her
womb, the doctor is required to report (Beiser). In order to adopt, one must prove that

they are able to provide a suitable home for their adoptive child. If they are found to
be abusing or neglecting any current children they have, they have shown that not
only are they ill equipped to take care of any additional children, they also have shown
themselves to be incapable of caring for their current children. Thus Child Protective
Services will need to step in to ensure that all the children involved will receive the
care that they need.
So, if one was a social worker in the field of private adoption, how would they
encounter a situation of potential mandated reporting? This would most likely come
up during the home study. A home study is made up of several sections. The first is an
orientation section where the agency gives an overview of themselves and the
adoption process. This is more of a preliminary step than anything since it occurs
before one has officially started the adoption process. The training section is next. This
teaches the parents about the needs of their future adoptive child, any adoption
issues, and the agencies requirements. There is also an interview component. In the
interview, adoptive parents will be asked questions regarding their previous
experiences with children, their important relationships, their parenting approach, and
many other questions about the applicants. This can be an opportunity for reporting
should the applicant say something unsavory during their interview process. Another
part of the home study is the home visit. Social workers come into the applicant's
home to ensure that it is a safe environment to raise a child. Should they find any
pressing concerns, this may be an opportunity for mandated reporting. If it is a
dangerously unsafe environment and there are other children living in the home, the

social worker must report. Additionally, applicants have to show that they are in good
enough health to care for a child. This is traditionally done by having a physical done
and getting a statement from their doctor declaring the applicants to be healthy.
Applicants must also be able to show that they can financial and medically support
their proposed children. Adoption Agencies will also perform a background check on
their applicants. Some offenses will disqualify applicants. It can also disqualify
applicants if they lied about their criminal history. Finally, applicants must supply
references. If one of the applicants says something about the applicant that implies
some history with child abuse or neglect, this can require the social worker to make a
report (Beiser).
Considering the above, what are some examples of behavior that would need
to be reported if discovered during a home study? One example would be if the social
worker arrived at the applicant's home for the home visit and the current children had
injuries that were more severe than what one would expect based on the parents
explanations. This would be a reasonable suspicion that the children were being
physically abuse and would have to be reported. If a parent mentions taking away
basic needs like meals or water as a punishment for the child during the interview
portion of the home study, then the social worker would be required to make a report
on the grounds of neglect. If one of the applicants references tells the social worker
that the applicant often insults, screams at, demeans, or ignores their current children,
the social worker would be forced to file a report against the applicant. The behaviors

that the reference listed are consistent with emotional abuse which, like all forms of
child abuse, must be reported.
In conclusion, mandated reporting is a very relevant topic in Concordias Family
Life program. This program is based on dedication to families, of which children are
certainly included in. Mandated reporting helps protect children from abuse and
neglect. Not only does this topic follow the purpose of the program, but it is also
relevant in some of the careers that this degree can lead to, such as a career in private
adoption.

Are You a Mandatory Reporter of Child Abuse? (n.d.). Retrieved December 15, 2015,
from
http://family.findlaw.com/child-abuse/checklist-are-you-a-mandatory-reporterof-child-abuse.html
Beiser, V. (2000, June 14). Fetal Abuse. Retrieved December 16, 2015, from
http://www.motherjones.com/politics/2000/06/fetal-abuse
Child Welfare Information Gateway. (2015, October 1). The Adoption Home Study
Process. Retrieved December 16, 2015, from
https://www.childwelfare.gov/pubpdfs/f_homstu.pdf
Mandated Reporters Are Required by Law to Report. (n.d.). Retrieved December 16,
2015, from
http://www.michigan.gov/mdhhs/0,5885,7-339-73971_7119_50648_44443-1578
36--,00.html
Mandatory Reporters of Child Abuse and Neglect. (n.d.). Retrieved December 15,
2015, from https://www.childwelfare.gov/pubPDFs/manda.pdf
Reilly, J., & Martin, S. (2015, November 1). Child Abuse Recognition and Reporting.
Retrieved December 16, 2015, from
http://www.unce.unr.edu/publications/files/cy/2009/sp0911.pdf