In The Imprint, reporter Jeremy Loudenback highlighted California’s efforts to change mandatory reporting laws, a movement spurred by advocates who believe the current system unnecessarily pulls innocent families into the child welfare system. Loudenback featured the story of Roger De Leon, Jr., who was investigated for suspected abuse only to be later found innocent, as one traumatic example.
As a foster parent, my family experienced one of these investigations firsthand. My young children were pulled out of school and questioned by social workers without my knowledge. It was terrifying, just as De Leon, Jr. describes it.
But the perspective of those seeking to limit or even end mandated reporting overlooks a critical truth: While some families endure undue hardship due to unnecessary CPS involvement, children suffer — and even die — when abuse is missed or ignored. The shift from “mandated reporting” to “mandated supporting” is well-intended, but disregards the life-saving impact of mandatory reporting laws.
The United States first adopted mandatory reporting laws in the 1960s in response to growing awareness of child abuse. Before then, abuse was often hidden behind closed doors, with few legal mechanisms to protect children. The turning point came in 1962 when pediatrician C. Henry Kempe published a groundbreaking study on “battered child syndrome,” exposing widespread physical abuse and the medical community’s failure to intervene.
States responded swiftly, and by 1967, all 50 states had enacted mandatory reporting laws requiring professionals — such as doctors, teachers, and social workers — to report suspected abuse. These laws were designed to prevent abuse from going undetected and ensure early intervention — principles that remain just as critical today.
As Michael Lee wrote in When Silence is Not an Option, mandated reporters are not investigators. “It is not their responsibility to confirm abuse definitively; instead, they are obligated to report their suspicions to the appropriate child protection agency or designated authority.”
Critics argue that mandatory reporters over-report, but the data is not convincing. In 2023, Child Protective Services received 4.4 million referrals involving 7.8 million children. While not all reports led to intervention, 546,159 children were confirmed victims of abuse or neglect that year, or roughly 12%. One might infer that to mean that nearly nine in 10 calls were “false reports,” but that is not that case.
Longitudinal research has found that countless victims remain in abusive homes and receive protection only after subsequent calls. The danger is significantly heightened for infants: “Nearly 80% of infants investigated for neglect are re-referred to CPS and more than one third are re-referred for concerns severe enough to warrant foster care placement.” In other words, the very system designed to protect children leaves them at risk, even after multiple cries for help. Fewer calls are not a remedy to that.
Notably, 67% of reports to child protection hotlines come from professionals such as teachers, police officers and social workers — adults who interact with children daily and recognize warning signs of abuse. If we reduce reporting, we risk eliminating the first line of defense for abused children.
Instead, agencies must improve their triage systems. Agencies can leverage technology for smarter screening, using predictive analytics and AI tools that have proven effective in distinguishing high-risk cases from those that may be better served through community-based support.
Additionally, educating parents on their rights is essential. In 2023, Arizona established critical protections for parents under investigation, ensuring they are aware that, unless there is a court order, they can refuse entry to investigators, consult an attorney before answering questions, and receive clear information about the investigation process. Agencies must document when they provide this information, reinforcing transparency and due process in the system.
The child protection system is broken in many ways. But instead of dismantling a system that has saved lives, we should strengthen it with 21st-century tools and improve due process against agency overreach.
If we err, and we will, let’s err on the side of saving lives. Because for one child, a mandated reporter might be the only one who makes that call.
