Do mandated reporter laws cross state lines?

[quazar]

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?

[quazar]

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.

This entire post is extremely helpful, thank you so much. There are no children involved, at all, mercifully. Thank you. I do appreciate this, this is most helpful.

[CoffeeRTC, BSN, RN]

Sounds like a really tough situation. Won't most places keep the name of the person filing the abuse tip annon? At the very least, I would file the complaint. There will be a file or trail started even if the victim won't stand up. Maybe something will shake loose.

[caliotter3]

Sounds like a really tough situation. Won't most places keep the name of the person filing the abuse tip annon? At the very least, I would file the complaint. There will be a file or trail started even if the victim won't stand up. Maybe something will shake loose.

In my state, if one files a report as a mandated reporter, they must provide their name. If they file as a citizen, they can file anonymously. Frankly, in some cases, I could see where one would not want to provide their name to the agency. Sometimes you have to take your personal safety into consideration when deciding how to approach matters.

[KelRN215, BSN, RN]

Sounds like a really tough situation. Won't most places keep the name of the person filing the abuse tip annon? At the very least, I would file the complaint. There will be a file or trail started even if the victim won't stand up. Maybe something will shake loose.

I have always been required to provide my name when filing a report as well as follow-up with a written report.

Officially, CPS does not disclose who filed the report but when they go to court to get custody of the child and say "the visit nurse went in yesterday and found that the family had diluted the child's valium", it's kinda obvious who filed.

[Jules A, MSN]

I have always been required to provide my name when filing a report as well as follow-up with a written report.

Officially, CPS does not disclose who filed the report but when they go to court to get custody of the child and say "the visit nurse went in yesterday and found that the family had diluted the child's valium", it's kinda obvious who filed.

It doesn't sound like the OP is going to anyway but although technically if the OP is a family member, it is out of state and they aren't actually the patient's nurse I personally would consider filing anonymously as a citizen. I'm definitely not legal savvy but would think that would cover the mandated reporter obligation also? I don't know that it says we are mandated to report and give our names.

[AliNajaCat]

Many states require all citizens to report suspected abuse/neglect, not just those of us who think of ourselves as mandatory reporters because of conditions on our professional licenses.

That said, and with all due respect to the tough position you're in, remember this:

The only thing necessary for the triumph of evil is for good men to do nothing. ~ Edmund Burke

[Buyer beware, BSN]

Many states require all citizens to report suspected abuse/neglect, not just those of us who think of ourselves as mandatory reporters because of conditions on our professional licenses.

That said, and with all due respect to the tough position you're in, remember this:

The only thing necessary for the triumph of evil is for good men to do nothing. ~ Edmund Burke

My friends we live in at least a two tier legal system when it comes to reporting child abuse/ neglect. One for the poor and one for the rich.

With this said I have never seen an unbiased study done that asserts that the poor are more prone to abuse and neglect their children at a greater rate or frequency than rich people.

With the well heeled the system is only too happy to cover A/N up and paint the no heeled a spawn of satan.

I have seen lives and careers destroyed over this issue thinking the state and employer would back them up.

All I can say is that as designated reporters we are obligated to drop the dime rather than wait for the news of the latest infanticde strewn across page one.

Even if it means loss of hundreds of thousands of dollars and a trashed career to boot, which is too often the case.