MN mandated reporting law

The Minnesota Supreme Court has held recently that Minnesota’s mandated reporting laws apply to disclosures about minors who are now adults. The particular facts involved a disclosure from a client to a therapist during an intake session. The client revealed that he had engaged in sexual contact with his children’s babysitter when she was 17 years old. At the time of disclosure, the victim was 18.

The therapist, a mandated reporter, filed a maltreatment report with local child protection authorities, believing the sexual contact occurred within the statute’s three-year reporting window. Criminal authorities charged the client with third-degree criminal sexual conduct, as the victim was a minor under his authority at the time of the offense.

At his criminal trial, the client argued that his statements were protected by therapist-client privilege and inadmissible at trial. The legal issue was whether the mandated reporter statute applied to victims who were adults at the time of disclosure. The Minnesota mandated reporter statute applies when specified adults “know or have reason to believe a child is being maltreated… or has been maltreated within the preceding three years.” The ambiguity was whether “child” refers to the victim’s age at maltreatment or disclosure. The client/criminal defendant argued that the statute only applies if the victim is a minor when someone reports the offense. The state argued that the statute includes victims who were minors at the time of the offense and the disclosure is made within three years.

The district court agreed with the state and ruled that the therapist was required to report, abrogating the therapist-patient privilege. The Minnesota Supreme Court upheld the decision, holding that mandated reporters—therapists, teachers, coaches, or any staff in youth-serving roles—must report maltreatment of a child within the preceding three years, even if the victim is an adult at disclosure.

Other states have varying rules about reporting abuse when the minor victim is now an adult. The following is not an exhaustive list, but a sampling of what various states have decided on the issue:

Colorado has a new law specifying a mandated report after the victim turns 18 only when the perpetrator (1) has or is likely to abuse another minor, or (2) is in a position of trust over children under 18.

Georgia does not deal with the question in its mandated reporter statute, but the state Supreme Court has limited the law’s reach to minors in the current care of the mandated reporter.

New York law is phrased in the present tense, obligating mandated reporters when “a child coming before them” is or might be a maltreated child. That wording has led most guidance to specify reports about current minors.

South Carolina is not clear in its statute whether the obligation extends to now-adults, but in 2014, the State Attorney General issued a letter stating that there is no obligation as long as (1) the adult is mentally competent, and (2) there is no information that another child is being abused.

Texas specifically states in its mandated reporter law that specified adults must make a report when a disclosure is “necessary to protect the health and safety” of another child, an elderly person, or a person with a disability.

Youth-serving organizations, especially multi-state programs, need to navigate these state laws very carefully. Be certain that your program has some version of the following policies to avoid getting into trouble:

1. Know the requirements in the states where you operate. Consult legal counsel if necessary, and be certain that someone on your staff has the responsibility of keeping your policies updated. Annual audits can be an important part of this process.

2. Train your staff in the requirements where they work in your program. You may need separate guidelines in each state.

3. Train your staff on confidentiality limits. They need to know when reporting duties override confidentiality and when they don’t.

4. Support your staff, both in their reporting responsibilities and answering their questions about when to report. We always recommend that, unless your state prohibits it, you require staff to come to a designated administrator, and then both make any required reports together. That procedure allows administrators to know that someone is make a report and add any relevant information that the staff member may not know.

The Minnesota ruling underscores the need for YSOs to keep up with mandated reporting laws in their states. Know your obligations and train your staff. Good preparation ensures safety, trust, and resilience, no matter the jurisdiction.