Mandated reporters, such as teachers, childcare providers, medical professionals, and law enforcement officers, are in a unique position to identify and report signs of suspected abuse and neglect.
If you’re a mandated reporter, you may be wondering:
What Does A Mandated Reporter Have To Report?
While the reporting requirements can vary from state to state, a mandated reporter generally needs to report suspected instances of abuse and neglect.
Mandated reporters are typically designated based on their professional occupation. In nearly every state, teachers, childcare workers, medical professionals, law enforcement, emergency services, counselors, therapists, social workers, and other professionals who work with children are mandated to report child abuse and neglect.
While each state has its individual guidelines, Federal legislation lays the groundwork for laws on child maltreatment by identifying a minimum set of actions or behaviors that define abuse and neglect. For professionals responsible for reporting child abuse, CAPTA provides a clear definition of child abuse and neglect.
Federal Child Abuse Definitions
The Federal Child Abuse Prevention and Treatment Act (CAPTA), as amended and reauthorized by the CAPTA Reauthorization Act of 2010, defines child abuse and neglect as, at a minimum:
“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 (including sexual abuse as determined under section 111), or an act or failure to act which presents an imminent risk of serious harm.”
Additionally, federal law stipulates that “a child shall be considered a victim of ‘child abuse and neglect’ and ‘sexual abuse’ if the child is identified, by a state or local agency employee of the state or locality involved, of being a victim of sex trafficking.
What Are the Major Types of Child Abuse and Neglect?
Most states recognize four major types of maltreatment: physical abuse, neglect, sexual abuse, and emotional abuse. Additionally, many states identify abandonment, parental substance use, and human trafficking as abuse or neglect.
Physical Abuse
Physical abuse is a nonaccidental bodily injury to a child caused by a parent, caregiver, or another person responsible for a child. Injuries from physical abuse could range from minor bruises to severe fractures or death. Physical abuse is the second leading cause of reports from mandated reporters, following general neglect, and the number one cause of emergency department visits for child abuse/ neglect.
Discipline vs. Abuse
Physical discipline actions, such as spanking, are generally not considered abuse as long as the discipline is reasonable and causes no bodily injury to the child. Discipline may be considered abuse if it is severe, cruel, inhuman, or results in a traumatic condition, wound, or other bodily injury.
Learn more about the differences between corporal punishment vs. physical abuse.
Neglect
Under CAPTA, child neglect would be defined as an act, or failure to act, which results in death, serious physical or emotional harm, sexual abuse or exploitation, or which presents an imminent risk of serious harm.
State definitions of child neglect vary.
In some states, child neglect is the failure of a caregiver to provide for a child’s basic needs, such as food, shelter, or clothing.
In recent years, some states have changed their definitions of child neglect after finding that the majority of child abuse and neglect reports are neglect reports, and that a disproportionate number of these reports are related to economic hardships or disadvantages.
California Assembly Bill 2085 (AB 2085), which took effect on January 1, 2023, revises the definition of general neglect under the state’s Child Abuse and Neglect Reporting Act (CANRA), clarifying that a parent’s economic disadvantage does not constitute general neglect.
California’s updated neglect definitions include:
General neglect: the negligent failure of a person having the care or custody of a child to provide adequate food, clothing, shelter, medical care, or supervision where the child is at substantial risk of suffering serious physical harm or illness.
Severe neglect: the negligent failure of a person having the care or custody of a child to protect the child from severe malnutrition or medically diagnosed nonorganic failure to thrive. This also includes situations of neglect where one willfully causes or permits the child to be placed in a situation such that their person or health is endangered, including the intentional failure to provide adequate food, clothing, shelter, or medical care.
Additionally, neglect definitions in some states may include failing to meet the medical, educational, or emotional needs of a child.
Many states also consider abandonment as a form of neglect. In general, a child is considered abandoned when:
- the parent’s identity or whereabouts are unknown
- the child has been left alone in circumstances where the child could or has suffered serious harm
- the child has been deserted with no regard for their health or safety
- the parent has failed to maintain contact with the child or provide reasonable support for a specified time
Exceptions to Neglect
Living in poverty is not considered child abuse or neglect; however, if a family’s failure to use available resources puts the child’s health or safety at risk, child welfare intervention could be required.
Many states provide an exception to the definition of medical neglect for parents who choose not to seek medical care for their children due to religious beliefs.
Sexual Abuse
CAPTA defines sexual abuse as “the employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or assist any other person to engage in, any sexually explicit conduct or simulation of such conduct for the purpose of producing a visual depiction of such conduct; or the rape, and in cases of a caretaker or interfamilial relationships, statutory rape, molestation, prostitution, or another form of sexual exploitation of children, or incest with children.”
Online Child Sexual Exploitation and Abuse
Online child sexual exploitation and abuse (CSEA) is a form of child abuse that occurs where children spend much of their time: on gaming platforms, social media apps, and in text and other digital messaging platforms. Online CSEA is a pervasive form of abuse that has become a global epidemic.
The National Center for Missing and Exploited Children Cyber Tipline has received 195 million reports relating to the online sexual exploitation of children since its inception. Online CSEA includes a broad range of criminal acts that involve exploiting minors for sexual gratification or some other personal or financial gain.
Human Trafficking
Human trafficking is considered a form of modern slavery and includes both sex trafficking and labor trafficking. Sex trafficking is recruiting, harboring, transporting, providing, or obtaining someone for a commercial sex act, such as prostitution, pornography, or stripping.
Labor trafficking is forced labor, including drug dealing, begging, or working long hours for little pay. Human trafficking includes victims of any sex, age, race/ ethnicity, or socioeconomic status; however, children involved in child welfare, including children in out-of-home care, are especially vulnerable.
Emotional Abuse
Emotional or psychological abuse is behavior that impairs a child’s emotional development or sense of self-worth. Examples may include constant criticism, threats, rejection, or withholding love, support, or guidance.
Emotional abuse is often difficult to prove, and, as a result, child protective services may not be able to intervene without evidence of harm or mental injury to the child.
Parental Substance Use
Many states include parental substance use in their definition of child abuse or neglect and related circumstances, such as:
- exposing a child to harm prenatally (mother’s use of substances or illegal drugs)
- manufacturing synthetic drugs in the presence of a child
- selling, distributing, or giving illicit drugs or alcohol to a child
- caregiver use of a controlled substance that impairs the ability to care for a child adequately
Mandated Reporters Can Save a Life
Understanding the definitions of child abuse and neglect and what a mandated reporter needs to report isn’t easy. But mandated reporters have a special duty and unique opportunity to see the signs of child abuse or neglect early and to take action. Knowing what a mandated reporter needs to report could save a child’s life.
Find more information about your reporting guidelines and state-specific training at mandatedreportertraining.com.
This post was updated in 2025 to reflect updated legislation, data, and statistics and to ensure accuracy and relevancy.
