The relationship between a therapist and client remains confidential most of the time; however, there are some situations where therapists are required to report instances of domestic violence.
While each state has individual requirements for who must report abuse, therapists are generally considered mandated reporters: professionals who are required to report known or suspected instances of abuse. Therapists in almost every state have legal requirements to report child abuse as well as elder and dependent adult abuse.
Domestic violence reporting laws can be very different compared to child abuse or elder abuse reporting laws, however.
Are Therapists Required to Report Domestic Violence?
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Domestic Violence Reporting Laws Vary State by State
Domestic violence (DV) reporting laws vary from state to state, as do the list of professionals required to report domestic violence, and the circumstances in which abuse of a spouse or intimate partner is reported.
In many states, there are no mandated reporting requirements for domestic violence specifically. However, most states require medical professionals to report when treating an injury caused by a firearm, knife, or other deadly weapon or serious injuries inflicted by non-accidental means.
Some states require professionals to provide victims of domestic violence with supportive materials or domestic violence resources. Other states allow a mandated reporter not to make a report if the victim requests it.
Here are a few examples of varying state laws addressing domestic violence reporting:
California
California law requires “a health practitioner, as defined” to make a report to law enforcement when they suspect a patient has suffered a physical injury that is either self-inflicted, caused by a firearm, or caused by assaultive or abusive conduct, including abuse of a spouse or cohabitant.
California Penal Code §11160 outlines a health practitioner’s responsibility to report domestic violence injuries:
(a) A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physician’s office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department who, in the health practitioner’s professional capacity or within the scope of the health practitioner’s employment, provides medical services for a physical condition to a patient whom the health practitioner knows or reasonably suspects is a person described as follows, shall immediately make a report to a local law enforcement agency.
- Any person suffering from any wound or other physical injury inflicted by his or her own act or inflicted by another where the injury is by means of a firearm.
- Any person suffering from any wound or other physical injury inflicted upon the person where the injury is the result of assaultive or abusive conduct.
Colorado
Colorado requires medical licensees to report certain injuries, including those resulting from domestic violence, to law enforcement.
Colorado HB 17-1322 amended the reporting requirement, providing an exemption to some domestic violence reporting if the victim requests that a report is not made, and if the victim meets specific requirements.
Kentucky
Kentucky mandates that professionals give survivors of domestic and dating violence educational materials related to domestic or dating violence and abuse, and limits mandated reporting to two specific situations.
Ky. Rev. Stat. § 209A, requires professionals — including licensed mental health professionals and therapists — with reasonable cause to believe that a victim they’ve had a professional interaction with has experienced domestic violence and abuse or dating violence and abuse to provide the suspected victim with educational materials and information about how they may access regional domestic violence programs or rape crisis centers.
These professionals are required to report domestic violence and abuse or dating violence and abuse to a law enforcement officer if the victim requests it and shall discuss the report with the victim prior to contacting the law enforcement officer. Professionals are required to report to law enforcement if they believe the death of a victim they had professional interaction with is related to domestic violence and abuse or dating violence and abuse.
New Hampshire
New Hampshire Criminal Code 631:6 makes it a misdemeanor for any person who treats or assists another for a gunshot wound or other injury believed to have been caused by a criminal act who fails to notify law enforcement immediately.
Reporters are exempted from this if the injured person has been a victim of sexual assault or abuse, is over eighteen years of age, and objects to the release of this information to law enforcement. This exception does not apply if the person is also being treated for a gunshot wound or other serious bodily injury.
Oklahoma
Oklahoma law pertaining to mandated reporting of domestic abuse provides an exemption for adults that do not wish for a report to be made and requires the provision of victim support services.
22 Okl. St. § 58 mandates that domestic abuse shall be reported to the nearest law enforcement agency. However, any physician, surgeon, resident, intern, physician assistant, registered nurse, or any other health care professional examining, attending, or treating a victim is not required to report such domestic abuse if the victim is over age 18 and is not incapacitated, unless the victim requests them to do so orally or in writing. In all cases, health care providers shall refer the victim to domestic violence and victim services, including the number of the statewide hotline.
Learn more about which states have domestic violence reporting requirements.
Are Therapists Required to Report Child Abuse?
All fifty states have laws regarding the mandated reporting of child abuse and neglect. In most states, therapists are named as mandated reporters. In others, they are included under broader categories such as health or mental health professionals.
In New Jersey and North Carolina, any person suspecting child abuse or neglect is required to report, and in Oklahoma, all persons are required to report.
While state laws vary and definitions can change, therapists are typically mandated reporters of child abuse and neglect.
Are Therapists Required to Report Elder Abuse?
All states have mandated reporting laws for elder abuse, but each state’s definitions of who must report can vary. Most states name licensed therapists in their definition of elder abuse and dependent adult abuse reporters. Others use broader terms such as licensed health, mental health, or social services practitioners.
Staying Up-to-Date on Changing Mandated Reporting Laws
Therapists can be mandated by law to report in certain situations where there is suspected abuse or harm. Reporting suspected child abuse or elder abuse is pretty straightforward; in just about every state, a therapist is required to report in these situations.
Domestic violence reporting law can vary significantly from state to state, which can make it more challenging to navigate reporting requirements.
Here are five ways to stay up-to-date on reporting laws in your state:
- Check your local licensing board for the most up-to-date information on mandated reporting in your state.
- Take state-specific Mandated Reporter Training.
- Actively seek out mandated reporting information on your state’s website.
- Follow professional association updates.
- Set a Google alert for mandated reporting in your state to monitor changing laws and new bills.
The information provided in this post is for informational purposes only. It is not intended as legal advice or as a substitute for the particularized advice of your own counsel. Laws mentioned in this post are for example purposes only and may have changed since this post was published.
