Mandated reporters may include paid or unpaid people who have assumed full or intermittent responsibility for the care of a child, dependent adult, or elder.
Its publication changed the prevalent views in the United States, where child abuse was previously seen as uncommon, and not a regular issue.
These laws and the media and advocacy coverage and research brought about a gradual change in societal expectations on reporting in the United States and, at different rates, in other western nations.
[4][5] Originally created to respond to physical abuse, reporting systems in various countries began to expand[when?]
Neglect may include abandonment, denial of proper care and attention physically, emotionally, or morally, or living under conditions, circumstances or associations injurious to well-being.
[14] States frequently amend their laws, but as of 2019, all States, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands have statutes identifying persons who are required to report suspected child maltreatment to an appropriate agency.
However, failure to report suspected abuse or neglect could result in fines or other sanctions, such as participation in a training program.
Failure to act may result in even stiffer penalties, such as civil litigation or criminal prosecution with the prospect of potential imprisonment.
When applied, neither the minister nor the "penitent" can be forced to testify in court, by deposition, or other legal proceedings, about the contents of the communication.
[11] Law enforcement or public health agencies are responsible for immediately evaluating all reports of abuse.
In cases where serious abuse or neglect is substantiated, local law enforcement, prosecutors or other public offices must be notified, and a copy of the investigation report must be sent.
US school districts adopted policies, following the 9th Circuit's ruling in Greene v. Camreta, requiring police or state case workers to produce a warrant, court order, parental permission or exigent circumstances prior to interviewing a student on school grounds as part of a sexual abuse investigation.
The U.S. Supreme Court has held that the Fourteenth Amendment to the U.S. Constitution provides a fundamental right to family integrity, requiring the state to provide notice and a hearing before forcibly separating a parent and child- with the exception of occasions when a child's life or health is in danger.
Critics state that mandatory reporting may contribute to overloading the child welfare system and exacerbate needless investigations and separations of children from their parents.
[34][page needed] Critics also state that much that is now defined as child abuse and neglect (due to vague and broad laws) does not merit governmental interference.
Individuals, including juveniles, who have never been convicted of anything may be placed on child abuse registries for decades, limiting educational and employment opportunities due to background checks.
Unnecessary investigation by professionals (under threat of prosecution) discourages fellow citizens from taking positive neighborhood action with families in trouble, as they may consider that their responsibilities have been met when they call in an anonymous hotline.