Do Mandatory Reporting Obligations Extend To Marketplaces?

By Jeremy H. Gottschalk, Forbes Books Author.

for Forbes Books AUTHOR POST | Paid Program

Mandatory reporting can be defined as “anyone required by law to report actual or suspected abuse and/or neglect.” It’s most often applied to vulnerable populations, including children, people with disabilities, and older adults.

Despite the grave importance of such laws, states vary widely in how they define, interpret, and enforce mandatory reporting laws. Historically, mandatory reporter laws applied to employees or volunteers who are responsible for the well-being of others. But how do these laws apply to online marketplaces that, generally speaking, rely on independent contractors?

Some states, including Pennsylvania, explicitly include “independent contractors who have direct contact with children.” Other states more broadly define mandatory reporters as “all adults”. Regardless of the definition of mandatory reporter in your state, it’s better to be on the cautious side on these sorts of things. So, we’re going to take a look at best practices that online marketplaces can adopt for workers on their platforms to follow, whether for childcare, senior care, or other vulnerable populations.

Mandatory Reporting Best Practices

A good starting point is to encourage workers to trust their instincts. Sexual health educator and expert Amy Lang, MA, gives a great example in an article for the American Camp Association: “Reporting is a gut check. If a seventh grader says something about their boyfriend, and a counselor is astute and asks about that boyfriend, and the child says, ‘Oh, he’s in ninth grade,’ that’s reportable. If a child says, ‘I’m super hungry, and I didn’t get dinner last night or breakfast this morning,’ that’s reportable. Always encourage workers to err on the side of caution.”

Before a worker makes a report, it’s a good idea to encourage them to map out a chronological history of their observations leading up to the time of the report, while their memory is still fresh. Using a technique like timeline mapping gives “opportunities for sharing experiences and chronological events over the course of single or multiple interviews, in which narratives are the object and method of analysis.” By spending some time planning what they recall happened when, it’ll make the reporting easier than doing it in the heat of the moment.

When making a report, the first point of contact is to call the appropriate state Department of Human Services (or similar agency). Another option is the 24-hour nationwide abuse hotline at 1-855-503-7233. If the worker feels a child is in immediate danger, the better option is to call 911. There is some standard information they should have on hand while making a mandatory report. These include, but are not limited to, the name, date of birth, and ages of all children and adults involved, information relating to the family’s functioning, and detailed observations made about the child and others.

At this point, a case will be opened up based on the information provided. From there, a more detailed written account of the report may be required. Or, if the case results in a lawsuit, the person reporting may be required to testify. The investigation process can be slow. Patience will be necessary, although nothing may be required beyond the initial reporting. Still, it’s best to keep a record of the report in case it is needed in the future.

Making a mandatory report can be stressful, but it’s important. By keeping the advice we’ve pointed out in mind, it can hopefully make for smoother sailing when navigating mandatory reporting obligations.