Ethics and the Law

Mandatory Reporting

Both the Federal and the State law provide for certain circumstances for mandatory reporting.  One example of mandatory reporting is when a social services professional becomes aware of instances of child abuse or neglect.  In Washington state, there is an additional requirement for reporting the abuse or neglect of "Vulnerable Adults".  In such circumstances, the professional is required to initiate a report to the appropriate authorities.  Failure to report may result in serious penalties including criminal prosecution.

The report, if it involves a client, should not violate his or her right to confidentiality as it relates to the services they are receiving.  If a client discloses information during a therapeutic session indicating they committed child abuse/neglect, or are aware of child abuse/neglect involving someone who is presently a threat, he or she should be advised that a report to authorities is required by law.  The professional who receives the information should make the report.  The report should be made within one working-day following receipt of the information.  

The report should include:

• Any identifying information available to assist the authorities with their investigation, including the client's name if they are the alleged abuser.

• The nature of the alleged abuse/neglect.

• The name of the victim(s) if known.

• Addresses or other information to help locate victims, if available.

• The name of the person making the report, including contact information (avoid call back phone numbers or addresses that may disclose the person's association with a treatment program). 

Every effort must be made to avoid disclosing the client's relationship to the person making the report or the circumstances during which the information became known (e.g. during a counseling session).  

The person making the report should record in the clients clinical record:

• The information received that precipitated the report.

• The date the information was received.

• The information reported.

• The authority to which the report was made, including the name of the person receiving the report.

• The date the report was made.

It is important to note, mandatory reporting does not represent a breach of confidentiality.  Nothing about the person's participation in chemical dependency should be disclosed.

ALCDA 216 & ALCDA 217 Wes Hamilton, Instructor
Chemical Dependency Studies Program, Allen Kemp, Program Coordinator
Pierce College 9401 Farwest Drive, Tacoma, Washington 98498-1999

Updated: 9/10/03