1. States that require reporting of injuries caused by weapons. 2. States that mandate reporting of injuries caused in violation of criminal laws as a result of violence or through nonaccidental means. 3. States that specifically address reporting in domestic violence cases. 4. States that have no general mandatory reporting laws. Futures Without Violence has compiled a useful Compendium of State and U.S. Territory Statutes and Policies on Domestic Violence and Health Care, available at https://ipvhealth.org/wp-content/uploads/2019/09/ Compendium-4th-Edition-2019-Final-small-file.pdf . This document may be useful as a starting point, but it is vital that providers maintain current knowledge of the laws in their region(s) of practice. State laws also vary in IPV reporting requirements when children are present in the home. Whenever a child is directly abused as a result of IPV, some state laws require that such incidents be reported to Child Protective Services (CPS) or a similar agency. However, when a child is exposed to but is not directly injured by IPV, state laws vary as to whether or not such incidents must be reported. Again, it is critical for providers to be familiar with the specific legal reporting requirements of their state, their professional organization, and the process of reporting in the institution/ agency where they are employed. Trauma-Informed Reporting Mandatory reporting can be a complex and confusing task for both clients and providers. It can also increase or intensify traumatizing experiences for the patient, cause increased danger for the patient and/or their family, and lead to mistrust and reluctance to pursue needed services (Lippy et al., 2020) . Survivors often state that they are reluctant to tell providers about their experiences of abuse because they are scared others will find out, such as their abusive partner or CPS (Lippy et al., 2020; Thomas et al., 2022) . In many cases, CPS is required to intervene and assess the situation if IPV is occurring in a home where minor children are living. This can create two sets of problems for victims: They may fear that their children will be taken from their custody, and visits from CPS providers may also provoke the abuser and endanger the victimized partner. To minimize the potential for retraumatization or distress, principles of trauma-informed care can be applied. These include accounting for the impact of trauma that survivors of IPV have already experienced and striving to avoid additional betrayal and/or violence (MacMillan et al., 2020) . Clearly explaining to patients how confidentiality will be maintained and the specific instances in which the provider is required to tell others about experiences of abuse is critical for maintaining trust and empowering the affected individual. Confidentiality and state laws or agency guidelines pertaining to mandatory reporting should be carefully explained to patients so they know what will occur. This information should be explained before any assessments are conducted so that patients are not surprised by the need to report any disclosed abuse. A diagnosis of abuse should be disclosed to a third party or Immigration Laws Immigrants are often vulnerable to situations of abuse and exploitation, particularly those who are undocumented (Njie- Carr et al., 2021; Scheer et al., 2020) . Many undocumented persons withhold information about abuse for fear of being deported. These individuals may be hesitant or unable to report abuse or access assistance from the courts and other
All 50 states have passed legislation aimed at protecting vulnerable adults from abuse and neglect and establishing adult protective service programs (US Department of Health & Human Services Adminstration for Community Living, 2023). Reporting laws require disclosure of known or suspected vulnerable adult mistreatment (“elder abuse”) to adult protective service agencies, regardless of the adult victims’ wishes. This includes IPV. However, the definition of vulnerable adult varies from state to state. A database of state statutes on elder abuse is accessible at https:// ipvhealth.org/wp-content/uploads/2019/09/Compendium- 4th-Edition-2019-Final-small-file.pdf . If mandatory reporting is required for a patient or their children, the specifics of the report should be clearly documented in the patient’s record with specific dates and times. This should include specific details regarding the abuse, how the abuse meets requirements for mandatory reporting, and the specific agencies that notified (e.g., law enforcement). In addition to state requirements, organizations and agencies may have their own guidelines about reporting IPV. Providers should familiarize themselves with these guidelines as well. Learners can access National Health Resource Center on Domestic Violence toolkits for different practice settings at www.ipvhealth.org for more information about reporting requirements. to authorities only with the knowledge of the survivor and with their active involvement and consent/assent as much as possible. When reporting may increase the risk of danger to the individual, every effort should be made to assist in accessing community resources, such as shelters and legal assistance (Lippy et al., 2020) . Importantly, many instances of IPV may not be subject to mandatory reporting, depending on the state’s laws and the specifics of the case. Thus, it is critical that providers consider whether a disclosure of abuse can be kept confidential. Although some cases of IPV clearly fall into the mandated reporting category, other cases may not be as clear. Providers who are bound by the law even when they believe it is in the client’s best interest or better in terms of safety not to make such a report may struggle with making the disclosure. Seeking team support and guidance from community-based service providers specializing in these issues can be helpful. Unwarranted disclosure of client information not only violates the confidential nature of the provider-patient relationship but also may compromise the survivor’s safety. In some cases, perpetrators who discover that their partners have sought help may increase violence against them in retaliation or to enforce silence about the abuse. It is also possible that disclosure of confidential information to others, such as employers and insurance providers, may have damaging repercussions for the victim. Because of these potential ramifications, it is preferable to maintain confidentiality about IPV incidents, as much as is allowable by state law and professional or agency guidelines (Lippy et al., 2020) . support networks, such as shelters (Robinson et al., 2020) . These individuals may also not call police or file criminal charges because of the threat of severe consequences for the perpetrator (Daoud, 2021) . Seeking support from public or private systems that may have previously behaved in a discriminatory or racist fashion may also place a family at
EliteLearning.com/Social-Work
Book Code: SWFL1825
Page 87
Powered by FlippingBook