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Discussion

Mandated reporting outside of work

Is a nurse legally required to report suspected neglect outside of work?

I know at work I am legally mandated to report suspicions of abuse, neglect, exploration, but how about outside of work?

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California's mandated reporter law only applies to those times when you're working in your 'mandated' position.

It could mean the difference between an anonymous report vs a non anonymous one. If you're mandated and report anonymously, where is your proof that you reported as required?

No one would know. The point is, though, that if later on it was discovered that you did know or would likely have known and did not report, then you're in trouble.

I would say yes, at least morally.

Is a nurse legally required to report suspected neglect outside of work?

I know at work I am legally mandated to report suspicions of abuse, neglect, exploration, but how about outside of work?

Why wouldn't you? Mandatory reporter or not? Can you as a human, not a nurse, turn your head away from suspected abuse or neglect?

  • Expert

To me, it wouldn't matter because it all comes down to ethics and morality. Of course, I would (and have) report off the job!

About six months ago, I discovered a fortyish female unmarried neighbor was being raped by her brother who had moved back home after a messy divorce. She was humiliated, but reluctant to do anything about it. I felt the same obligation to report.

I talked to her that day with no luck, but the next day, she agreed to let me help her. I simply could not let that situation go on. The fact that both parties were in their forties was irrelevant.

The fact that both parties were in their forties was irrelevant.

Well, yes, it is relevant, because without her consent and cooperation the police can't do anything about that, whereas if she were a minor or elderly or disabled, her consent as the victim isn't necessary to get protective services involved. I'm not suggesting you were wrong to help her, but domestic violence against adults doesn't fall under mandated reporting (and getting police involved in domestic situations without the ok of the victim can place them in a dangerous position as well).

I'm an LNA in NH. Yes, mandated reporting here for us 24/7.

Where I work it is very important to report abuse due to the safety of the patient and the employer, because I worked in a clinic for patients who fight addiction it was mandatory to report everything and take notes of everything. I think that no matter how serious it is, it must be reported so that in the future it does not become something worse, for morality and integrity.

JB - thoughtful answer.

I usually tell new members to consider using an anonymous screen name even here on AN. Everybody & anybody reads theses posts and you'll want to be comfortable here.

And welcome to AN.

In Washington we are mandated reporters. In several states where I previously resided, we were always mandated.

And as above stated, it's a moral obligation anyhow.

And yes, sadly I have had to report out and out abuse I witnessed. It was hard to do, but I had zero choice in my mind. One time, it was outside the nursing arena, in my neighborhood. Two toddlers walking in the street on 30 degree days in wet diapers, where there was significant traffic while mom slept all day. And dad used to scream obscenities at them when he was home. What choice did I have? I do know social workers got involved, beyond that, I don't know what happened. The kids were not taken away but I no longer saw them walking the street nearly naked, either. They did go on to have another baby, which I thought was tragic.

As others have said depends on your state. In both WA and OR you are required to report suspected abuse or neglect of child or vulnerable adult even when not in your employed "mandate" role. 

I've had to make a few reports (all at least tangentially work related) and the process is pretty straightforward. Remember - you don't have to do all the detective work to prove there is abuse/neglect just have reasonable suspicion for it.

I've helped patients with the process numerous times - most get screened out eventually, but a few reports have resulted in further investigation and in one case I'm aware of, arrest and pressing of criminal charges against the perpetrator.

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