Do mandated reporter laws cross state lines?

Editorial Team / Admin · Dec 28, 2016

You'd have to check each states laws. In my state, I am a mandated reporter whether on the clock or off, patient or not.

Sour Lemon · Dec 28, 2016

Are nurses mandated by law to report suspected abuse when it is a) not a patient of theirs and b) happening in another state where they are neither licenced nor practicing?

Interesting question. I would think direct knowledge would be a huge factor, though. It would be somewhat difficult to know what's going on with an individual in another state without relying on hearsay, rumors, gossip, etc. I would hate to report something that was inaccurate, as it would take resources away from those in need and possibly cause great hardship to someone innocent.

Is this an actual situation or a theoretical question?

elkpark · Dec 28, 2016

I would think direct knowledge would be a huge factor, though. It would be somewhat difficult to know what's going on with an individual in another state without relying on hearsay, rumors, gossip, etc. I would hate to report something that was inaccurate, as it would take resources away from those in need and possibly cause great hardship to someone innocent.
Is this an actual situation or a theoretical question?

Without addressing the question of geographical location (since I know nothing about that), mandated reporting laws don't require that reporters have "direct knowledge" or know for a fact that abuse or neglect is happening -- just that there be a reasonable suspicion that abuse or neglect may be going on. It's up to the CPS (or APS) personnel to make a determination about whether there is actual abuse or neglect. If we only reported stuff that we knew for a fact, as a direct witness, was happening, most abuse or neglect would never get reported. Most reporting of abuse/neglect is based on "hearsay," as people rarely abuse or neglect their dependents in front of witnesses.

quazar · Dec 28, 2016

Interesting question. I would think direct knowledge would be a huge factor, though. It would be somewhat difficult to know what's going on with an individual in another state without relying on hearsay, rumors, gossip, etc. I would hate to report something that was inaccurate, as it would take resources away from those in need and possibly cause great hardship to someone innocent.
Is this an actual situation or a theoretical question?

It is an actual situation, involving family. No children.

quazar · Dec 28, 2016

Also, the victim will defend the alleged abuser and not back up any accusations leveled. So the victim would have to be deemed incompetent, which is not a clear cut slam dunk at this point. Also the alleged abuser is legally well known, respected, and connected in the family court system. To say it is a difficult situation is a vast understatement.

Sour Lemon · Dec 28, 2016

Without addressing the question of geographical location (since I know nothing about that), mandated reporting laws don't require that reporters have "direct knowledge" or know for a fact that abuse or neglect is happening -- just that there be a reasonable suspicion that abuse or neglect may be going on. It's up to the CPS (or APS) personnel to make a determination about whether there is actual abuse or neglect. If we only reported stuff that we knew for a fact, as a direct witness, was happening, most abuse or neglect would never get reported. Most reporting of abuse/neglect is based on "hearsay," as people rarely abuse or neglect their dependents in front of witnesses.

I agree with everything you've said and "direct knowledge" probably wasn't the right phrase for what I was thinking. "Reasonable" is a much better term. I know someone who answers calls for CPS and APS. The get the strangest calls from people who want to report something their "brother's friend's neighbor's, cousin's old roommate might have said or done". They'll literally talk for 45 minutes and provide no useful information. Sometimes, they don't even know the names of any the individuals they're talking about ...just that they used to live "over there" and "moved away six months ago".

"Direct knowledge" popped into my mind as a contrast to the above type of call.

Double-Helix, BSN, RN · Dec 28, 2016

It is an actual situation, involving family. No children.

While many states require reporting suspected domestic violence if the victim presents with a felony-level injury, very few states require reporting of suspected domestic violence when children/elderly are not involved. Most states just require that the victim be given information/education about safe havens and hotlines. It's not clear if this applies to health care workers only when they are working at the health care facility.

In this case, the question seems to be less "what are you legally required to do" and more "what should you do". You can make a report to the police based on your knowledge/suspicions, but if they victim is not going to corroborate then at best, nothing changes and at worst, you've lost the trust and confidence of the victim. If you're able, have a personal and private talk with this family member. Provide resources that he/she can easily conceal if or when he/she is ready to use them. Make yourself a safe person and your home a safe place that your family member can seek if he/she needs help or support.

I'm sorry you're involved in what sounds like a painful situation all around. It's very hard to want to help those who will not help themselves. I wish everyone the best.

Ruas61, BSN, RN · Dec 29, 2016

Nurse and location aside- just being a human being should be enough to act.

Jules A, MSN · Dec 29, 2016

Nurse and location aside- just being a human being should be enough to act.

I agree and like elkpark said it is up to CPS or APS to make the determination but as a member of society and especially as a nurse I would report regardless of where it was brought to my attention.

quazar · Dec 29, 2016

Nurse and location aside- just being a human being should be enough to act.

As I stated, to say it is a difficult situation is a vast understatement. I will not and cannot divulge the details, however I will state that it is not as simple as "acting." I appreciate all the input here, thank you.

KelRN215, BSN, RN · Dec 29, 2016

Nurses are mandated to report suspected child abuse, elder abuse or abuse of the disabled. It is not mandated to report partner violence, nor is there a "protective service" agency to investigate such a report. Domestic violence falls under the jurisdiction of law enforcement.

I work at a pediatric hospital that sees patients from all over the country. If a patient from another state is suspected to be abused, the social work or child protection team will usually file with the state that the child lives in. I have seen reports filed in both the state the child lives in and the state the hospital is located in. There was a very high profile case a couple years ago of the state that the hospital is located in taking custody of a child from another state.

A few months back, I had a patient whose mother was arrested for prostitution while the child was in the hospital. The police who arrested her filed a report and CPS (in the state that the hospital is located in) immediately took emergency custody of the child. As they continued their investigation, they decided that since the child wasn't a resident of the state, they had little interest in retaining custody of him and transferred the case to CPS in his home state. That CPS agency held a hearing and granted custody to the child's father pretty quickly.

I have a friend who is a social worker at the same hospital and recently she told me how she had a patient from a neighboring state who she had to file on. She filed in both states. The state that the hospital is located in screened it in and the home state screened it out.

Also, just to add to the OP, even if, in your state, you are not a mandated reporter for non-patients, anyone can make a voluntary report of suspected child or elder abuse.