Mandated reporters have to know which types of abuse and neglect are reportable. While physical signs of abuse can often be evident to mandated reporters, signs of neglect are usually harder to identify.
Make sure you understand the signs and definition of neglect and how to file a report.
When Neglect Should Be Reported
As a mandated reporter, you have a duty to make a report when you have a reasonable suspicion that neglect has occurred, depending on your state’s guidelines.
Because the Child Abuse Prevention and Treatment Act (CAPTA) provides a national minimum definition of neglect that states may then expand upon, the timing and process of filing a report can vary significantly by region.
As a mandated reporter, it’s important to understand:
- How your state defines neglect
- The difference between poverty or economic disadvantage and neglect
Find mandated reporting guidelines and mandated reporter training for your state.
Who is Required to Report Neglect?
In most states, mandated reporters are designated by their profession. Those professionals typically work with vulnerable populations, including children or the elderly.
Some of the professionals who might be legally required to report neglect include:
- Medical professionals
- Law enforcement
- Teachers and daycare providers
- Financial professionals
- Clergy
- Volunteers
- And others
Are you a mandated reporter? Enter your state to find out.
What is Neglect?
Neglect can affect vulnerable populations such as children, elders, and dependent adults.
- In children, neglect is the most commonly reported form of child maltreatment
- In the elderly, neglect is the most under-reported form of elder abuse
Identifying neglect, whether it is child neglect or neglect of an elder or dependent adult, can be difficult. The definitions of neglect can also vary from state to state, making it even more challenging for mandated reporters to properly identify a situation where a vulnerable person is being neglected to the extent that a report should be made.
Here are some of the types of neglect a mandated reporter may need to know about:
How is Child Neglect Defined?
The Child Abuse Prevention and Treatment Act (CAPTA) found that more children suffer neglect than any other form of maltreatment, and close to 1/3 of all child maltreatment-related fatalities in a single fiscal year were attributed to neglect alone.
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.
However, each state has its own definition of abuse and neglect that mandated reporters must be aware of.
Some states clearly define activities that are not considered neglectful, such as allowing a child to engage in independent activities appropriate for their level of maturity. Utah, Texas, Oklahoma, Colorado, Virginia, Connecticut, Illinois, and Montana have passed bills that encourage reasonable and appropriate child independence and protect parents from neglect charges for providing it.
Because the actual definition of neglect will vary based on your state, mandated reporters must know their state’s legal definition and the scenarios that do and do not constitute neglect. You can find more information at childwelfare.gov or by taking a mandated reporter training course.
Why Poverty Does Not Equal Neglect
Many states have updated their definitions of neglect to ensure children aren’t separated from families for issues that do not put their safety and welfare at risk, such as poverty or economic disadvantage.
For example, California passed AB 2085 in 2023, which limited the definition of general neglect to only include circumstances where the child is at substantial risk of suffering serious physical harm or illness. The bill also stated that general neglect does not include a parent’s economic disadvantage.
Similarly, Texas passed House Bill 567 in 2021, which defined child neglect as “an act or failure to act” that puts a child in immediate danger of harm.
In fact, over half of U.S. states exempt financial inability to provide for a child from their definition of child abuse. In addition to California and Texas, this includes:
- Alaska
- Delaware
- Iowa
- Kansas
- Massachusetts
- Pennsylvania
- Washington
Poverty may be a risk factor for neglect, but poverty does not always equal neglect.
In a 2017 study, researchers at Oxford University reviewed a decade’s worth of data reported to state child protective services agencies; the researchers found that a one percent increase in the unemployment rate led to a 20 percent increase in reported neglect. Researchers did not find a link between unemployment rates and increasing reports of other forms of abuse — only reports of neglect.
Poverty is disproportionately present in Black, Brown, and American Indian/Alaska Native families, reports ChildWelfare.gov. “Because of this, service providers need to be aware of how biases, stigma, and oversurveillance of families, especially low-income families, leads to unnecessary involvement with child welfare.”
Numerous research studies have documented the overrepresentation of Black families in the child welfare system, resulting from reports and substantiations of child neglect, a reflection of compounded risk factors of poverty and institutional racial bias in child protection systems.
One study found that 53 percent of all Black children experience a child welfare investigation by age 18.
“Poverty is not neglect. Poverty is rarely a willful attempt to deny children their basic needs. Poverty is not a reason to remove children from their parents. The availability of a financially better-off relative or foster family is not a reason to separate children from their parents or to keep them separated. While many state definitions of child neglect expressly prohibit removing children solely due to poverty, the reality is that it happens every day.” - Jerry Milner and David Kelly.
It’s essential for mandated reporters to understand that poverty does not equal neglect, that families of color are more likely to be investigated by Child Protective Services, and how their own explicit and implicit bias can affect their decision-making process when engaging with families from racially and culturally diverse backgrounds.
How Are Elder and Dependent Adult Neglect Defined?
Mandated reporters may also be required to know the signs of elder and dependent adult neglect. Elders are usually defined as adults aged 60 - 65 or older. Dependent adults are adults aged 18 and older who have physical or mental limitations that restrict their ability to carry out normal activities or protect their rights. A dependent adult is wholly or partially dependent on others for care and support.
Elder neglect definitions can vary from state to state. In California, for example, elder and dependent adult neglect is defined as failure to:
- assist in personal hygiene or in the provision of food, clothing, or shelter
- provide medical care for physical and mental health needs
- protect someone from health and safety hazards
- prevent malnutrition or dehydration
Distinguishing Between Caregiver Neglect and Self-Neglect
For seniors and dependent adults, neglect is not always at the hands of a caregiver. What is the difference between caregiver neglect and self-neglect?
- Caregiver neglect is failing to provide food, clothing, shelter, or health care for a person under your care.
- Self-neglect is failing to provide these necessities (food, shelter, healthcare) for oneself.
Caregiver Neglect Scenario
If you are an emergency room nurse treating an elderly adult for malnutrition and dehydration, and your patient reports living with her adult son and daughter-in-law, it could be a sign of caregiver neglect—the person responsible for providing adequate food for that person is not doing so.
Self-Neglect Scenario
If you are a building code enforcer called out to inspect a residential home because of complaints of yard clutter, and you discover that the home is full of trash and shows signs of a rodent infestation. The elderly homeowner, who lives alone, shows signs of dehydration and malnutrition. In this case, one might reasonably conclude that self-neglect is occurring.
How is Neglect Reported?
Mandated reporters of child abuse or elder and dependent adult abuse have a legal requirement to report when they suspect neglect is occurring.
Where is a Neglect Report Made?
The process for making a report is not the same in every scenario. Depending on the alleged victim and location where the neglect is occurring, a mandated reporter may need to report to one or more of the following:
- Local Law Enforcement
- Child Protective Services
- Adult Protective Services
- Local Long-Term Care Ombudsman Program
Some states may have specific written forms that are required when making a report, while others may simply need a phone call placed to local law enforcement and the correct protective services department.
Your state and employer should offer guidelines to help you understand your legal requirements for where to file a neglect report.
When is a Report Required?
Mandated reporters may have varying requirements for when to file a report of suspected neglect. Reporting requirements—including the time frame for when to file a report—can differ based on:
- State requirements
- Age of the alleged victim (child vs. elder or dependent adult)
- Severity of the situation
- Location of the alleged abuse (long-term care facility vs. residential home)
Your state and employer should offer guidelines to help you understand your legal requirements for when to file a neglect report.
Is Mandated Reporter Training Available?
Understanding your legal requirements for mandated reporting can be difficult. Many states offer mandated reporter training courses to help professionals understand their legal obligations to report suspected abuse and neglect.
Mandated Reporter Training is available through mandatedreportertraining.com, or courses may be available through your state’s Child Welfare or Adult Welfare agencies.
Mandated reporter training may be required of you. In some states, mandated reporter training is required to obtain or renew certain professional licenses.
Mandated reporter training may also meet the criteria for continuing education credits for obtaining or renewing certain professional licenses.
Even if you are not required to take mandated reporter training to obtain or renew your professional license, training can provide reporters with extensive information and peace of mind. One of the largest barriers to reporting is not knowing how, where, or when to file a report. Training can give you the information you need to help identify suspected abuse or neglect and carry out your duties as a mandated reporter.
Mandated Reporter Training can also help you better understand implicit bias and the ways bias and stereotypes can impact your decision-making when reporting.
Mandated Reporters Can Protect Against Neglect
Neglect is a form of abuse that can have long-lasting and severe effects on victims. For elderly victims, neglect can lead to increased hospitalizations and premature death. For children, neglect can bring physical and psychological health consequences, as well as behavioral consequences that can negatively affect their future. When mandated reporters are able to identify and report suspected neglect, they can take action to protect the health, lives, and futures of those who need protection.
FAQs About Reporting Neglect
Can you anonymously report neglect?
Whether or not you can report neglect anonymously depends on your state or territory and the age of the suspected victim.
Some states allow mandated reporters to make a report anonymously, while others may require you to disclose your identity. States where a mandated reporter cannot report suspected child abuse or neglect anonymously include:
- California
- Florida
- Iowa
- Maine
- Massachusetts
- Pennsylvania
How does my state define neglect?
CAPTA provides a national minimum definition of 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.”
However, states, territories, and tribes may have their own unique definitions and requirements, which reporters need to be aware of. For example, some states include a failure to educate the child as required by law in their definition of neglect. Other states specify that neglect does not include allowing a child to engage in independent activities that are appropriate for their level of maturity, physical condition, developmental ability, or culture.
Learn more about the definition of neglect in your region.
How do I report neglect occurring in a hospital or care facility?
While the language varies from state to state, mandated reporters are often required to make a report when they have a reasonable suspicion that someone has been abused or neglected. This includes instances in which the suspected neglect has occurred in a facility such as a hospital, care facility, or nursing home. In these cases, you would file a report as required by your state or territory, like you would with any other type of suspected abuse.
If you are working or volunteering with the hospital or facility in question, it’s also essential to know whether or not your institution has internal policies and procedures for handling reports of maltreatment that must be followed as well. This is known as “institutional reporting.”
How do I report elder self-neglect?
Elderly adults can be vulnerable to self-neglect, which occurs when they are unable to meet their basic needs, such as food, water, clothing, hygiene, medical care, or safety. Mandated reporters of elder abuse and neglect are often required to report self-neglect as well. In these instances, a report would likely need to be submitted in accordance with your region’s reporting requirements.
This post, originally published in 2023, was updated in 2025 to reflect current legislation and ensure accuracy and relevance.
