Skip to Main Content Skip to Main Navigation

Linking Systems of Care projects should have a clear understanding of their state’s laws regarding child maltreatment and mandatory reporting. This information is foundational for the project and the stakeholder team should have a broad and shared understanding of these requirements. In addition, the stakeholder group should create a policy for the project regarding mandatory reporting and provide guidance to system actors and community providers who participate in the project. While it is likely that these entities will have their own policies and procedures with regard to mandatory reporting, it is important for the Linking Systems of Care project to have a shared understanding of the process, and differing professional obligations. The following information provides a broad overview of child maltreatment and mandatory reporting. Links are provided to state-specific requirements.

The Child Abuse Prevention and Treatment Act (CAPTA) allocated money to the states for the identification, treatment, and prevention of child abuse.i To be eligible for funds, states had to provide for the reporting of known or suspected child abuse, provide immunity to reporters from civil and criminal liability, provide for investigation of reports by the proper state authority, and also provide for the health and welfare of any children in the household if abuse was found.ii CAPTA has been amended several times, including in 2015, but its last reauthorization was in 2010.iii

Child Maltreatment Reporting is state law specific. All states, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico and the U.S. Virgin Islands have child abuse and neglect reporting statutes. It is important to understand how the states define the following:

  • Child Abuse and Neglect
  • Persons/Institutions Required by Law to Report (Mandatory Reporters)
  • Standards/Process for Reporting

Child Abuse and Neglect Definitions

CAPTA defines child abuse and neglect as any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse, or exploitation, or an act or failure to act which presents an imminent risk of serious harm.v This definition was amended to include victims of sex trafficking and to develop procedures for training CPS workers to identify, assess, and provide comprehensive services to sex trafficking victims by the Justice for Victims Trafficking Act of 2015.  Most states recognize various types of abuse and neglect including physical abuse, sexual abuse, and abandonment.  Many states also have definitions that also include parental substance abuse and emotional abuse.  States vary as to how they treat domestic violence in the home.  For a review of each state’s definition of abuse and neglect and the standard for reporting see: https://www.childwelfare.gov/pubPDFs/define.pdf

Mandatory Reporters

Two states, Wyoming and New Jersey, require all persons to report maltreatment, while other states generally list professionals who have contact with children including, child care providers, teachers and school personnel, social workers, doctors, nurses, counselors, therapist and mental health providers, medical examiners, law enforcement officers to make reports.vi For a review of each state’s list of mandatory child maltreatment reporters, see: https://www.childwelfare.gov/pubPDFs/manda.pdf Most states also have laws that specify requirements for mandated reporters working or volunteering in institutions like schools and hospitals. People working in settings where there are likely to be disclosures of child maltreatment should also have internal policies and procedures on how to handle reporting that should not be in conflict with their state laws. In 2016, professionals, meaning the person had contact with the alleged child maltreatment victim as part of their job, made (64.9%) of reports alleging child abuse and neglect.vii

Standards/Process for Reporting

States also have different standards and requirements for reporting. All states require reports to be made to either a Child Protection Service or law enforcement agency.viii Most states require a mandatory reporter to make a report when the person suspects or has reason to believe that a child has been abused or neglected or the person has knowledge of or has observed abuse or neglect.ix CAPTA also requires states to have policies and procedures to address substance-exposed infants, and the majority of states have reporting for drug exposed infants.x States specify the type of information that should be provided in a report including the facts and circumstances that led them to suspect that a child has been abused or neglected and basic information concerning the child including name and address and the child’s parents, custodian or guardian. Most states accept oral reports and maintain centralized hotlines 24 hours a day, seven days a week and some states accept report by form through the internet.xi For more information on state laws concerning the required contents of reports, screening decisions, assessment and investigation procedures see: https://www.childwelfare.gov/pubPDFs/repproc.pdf

National Reporting Data

CAPTA requires the Secretary of the U.S. Department of Health and Human Services to maintain national child abuse and neglect reporting data collection and analysis, known as the National Child Abuse and Neglect Data System (NCANDS).xii The NCANDS report series is a resource relied upon by practitioners and advocates and is available at the Children’s Bureau website at http://www.acf.hhs.gov/cb/research-data-technology/statistics-research/child-maltreatment by the year of the report.

Additional Considerations

Linking Systems of Care projects working with child victims should understand that marginalized communities and minorities are often fearful that child welfare involvement leads to family separation. However, the Families First Services Prevention Act of 2018 provides opportunities to build on family strengths and provide services to keep families together. Some states even provide diversion and/or supportive services to families to prevent reports of child maltreatment and further system involvement. These services can be critical in supporting victims of domestic violence and families struggling with substance abuse. Nonoffending victims of domestic violence can be provided support to raise children, while holding offenders accountable. Parents struggling with substance abuse issues can seek treatment and new funding is now available, including placement in treatment with children with parental supports. It is important for stakeholder teams to understand what services are available to provide support to families to prevent child victimization or further victimization to support and strengthen families.


iChild Abuse Prevention and Treatment Act of 1974, Pub. L. No. 93-247, 88 Stat. 4 (codified as amended at 42 U.S.C. §§ 5101-5106 (1994)).
iiCAPTA 42 U.S.C. §§ 5101-5106 (1994).
iiiChild Welfare Information Gateway. (2017). About CAPTA: A legislative history. Washington, DC: U.S. Department of Health and Human Services, Children's Bureau.
ivChild Welfare Information Gateway. (2016). Mandatory reporters of child abuse and neglect. Washington, DC: U.S. Department of Health and Human Services, Children's Bureau.
vCAPTA 42 U.S.C. §5101 (2010).
viChild Welfare Information Gateway. (2016). Mandatory reporters of child abuse and neglect. Washington, DC: U.S. Department of Health and Human Services, Children's Bureau.
vii U.S. Department of Health & Human Services, Administration for Children and Families, Administration on Children, Youth and Families, Children’s Bureau. (2018). Child maltreatment 2016.
viiiChild Welfare Information Gateway. (2016). Mandatory reporters of child abuse and neglect. Washington, DC: U.S. Department of Health and Human Services, Children's Bureau.
ixChild Welfare Information Gateway. (2017). Making and screening reports of child abuse and neglect. Washington, DC: U.S. Department of Health and Human Services, Children’s Bureau.
x42 U.S.C. 5106a(b)(2)(B)(iii) (2010).
xiChild Welfare Information Gateway. (2017). Making and screening reports of child abuse and neglect. Washington, DC: U.S. Department of Health and Human Services, Children's Bureau.
xii42 U.S.C. 5104 (2010).