Mandated Reporters: States Wrestle with Expanding Child Abuse Reporting Obligations

Across the United States, state legislatures are engaging in critical debates over the scope of mandated reporting for child abuse and neglect. These discussions often pit the imperative to protect vulnerable children against deeply held religious tenets and the professional boundaries of various occupations.

Clergy and Confession: A Constitutional Conundrum

A central point of contention revolves around clergy members and their obligations when information about abuse is disclosed during religious rites, such as confession. In Missouri, Senator Tracy McCreery championed a bill that would have required clergy to report suspected child abuse and neglect, even if learned through confession. Her rationale, shared with Stateline, emphasized prioritizing child safety above all else: “Children are just very vulnerable and it’s up to us as adults to not allow them to be harmed. There shouldn’t be an exception for adults that know about something and just don’t report it.” While her bill did not pass, it reflects a broader legislative trend.

Washington state recently enacted a law mandating clergy reporting, even for information obtained through confidential religious communications. This move was met with legal challenges from Catholic and Orthodox churches, who argued it infringed upon their First Amendment rights to religious freedom. The lawsuit highlighted the sacred nature of confession in Catholicism, where priests are bound by church law not to reveal penitents’ confessions, facing excommunication if they do. A federal judge temporarily blocked enforcement of this aspect, and the state ultimately agreed to a compromise where clergy remain mandated reporters, but reporting requirements related to confessions are not actively enforced by state prosecutors.

Similar legislative efforts are underway in other states. New York is considering a bill to add clergy to its list of mandated reporters, while Kansas saw a House bill pass but ultimately fail in the Senate. Both proposals included exemptions for information received during confession. South Dakota also debated adding clergy to its mandated reporter list with confession exemptions, but the measure stalled in committee. Opponents argued that forcing faith leaders to make subjective judgments about abuse could violate First Amendment protections and disrupt the clergy-parishioner relationship.

Conversely, Vermont is exploring legislation to eliminate the clergy-confidentiality exception for confessions entirely. Proponents of such measures, like Senator McCreery, find the idea of an abuser confessing without consequence to be deeply troubling, questioning the prioritization of religious privilege over child protection.

Expanding the Circle: Coaches, Agents, and Other Professionals

Beyond religious figures, lawmakers are also examining whether other professions with significant access to children should be designated as mandated reporters. This includes sports coaches, talent agents, camp leaders, and private tutors. The underlying principle is that anyone with unsupervised authority over minors should bear the legal responsibility to report suspected abuse or neglect.

Michael W. Halcomb, an ordained minister and professor, suggests that mandating reporting for clergy could deter abusers from seeking help altogether. He advocates for a broader approach: “Whoever has the ability to isolate a child, in other words, should have to carry the legal burden to report.”

Connecticut recently passed legislation requiring paid municipal youth camp directors and staff to become mandated reporters. In South Dakota, while the clergy bill faltered, a separate measure was signed into law requiring school activity coaches to be mandated reporters. California has expanded its definition of mandated reporters to include certain school volunteers, governing board members, and private school employees, along with talent agents, managers, and coaches working with minors, and mandates annual training for these individuals.

Beth Sanborn, a school safety coordinator in Pennsylvania, emphasizes the importance of training for school resource officers and other school personnel. She recounts how a shift in mandated reporting laws, enacted after the Jerry Sandusky scandal, has improved child protection protocols. The Sandusky case, involving a former assistant football coach convicted of abusing young boys, underscored the need for clear reporting obligations and accountability within educational institutions.

Sanborn clarifies a common misconception: mandated reporters do not need to prove abuse has occurred. Instead, their role is to relay a reasonable concern to authorities, ensuring that potential harm is investigated before it escalates. This shared responsibility, she argues, allows different professionals—teachers, coaches, counselors—to contribute their unique observations to a child’s overall well-being and safety.