Bureaucracy Backfires for Mandatory Reporting Laws

Whenever a new law is proposed with promises of "protecting the children," critics of that law are painted as callously indifferent or downright malicious hateful monsters. However, such laws rarely do what was promised, and often have unintended consequences. Case in point: mandatory reporting laws to protect children from abuse and neglect. National Public Radio shared an article about a week ago (as of this post) entitled, States find a downside to mandatory reporting laws meant to protect children.

More than 60 years ago, policymakers in Colorado embraced the idea that early intervention could prevent child abuse and save lives. The state's requirement that certain professionals tell officials when they suspect a child has been abused or neglected was among the first mandatory reporting laws in the nation.

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But now there are efforts in Colorado and other states – including New York and California — to roll back these laws, saying the result has been too many unfounded reports, and that they disproportionately harm families that are poor, Black, or Indigenous, or have members with disabilities.

Naturally, any suggestion of repeal results in cries that people will suffer needlessly because this safety net is being removed, but as the article notes, the number of cases of abuse has remained fairly constant while the reporting requirements have created untold problems for innocent people.

Being reported to child protective services is becoming increasingly common. More than 1 in 3 children in the United States will be the subject of a child abuse and neglect investigation by the time they turn 18, according to the most frequently cited estimate, a 2017 study funded by the Department of Health and Human Services' Children's Bureau.

This surge in reports and investigations has not been accompanied by a surge in "substantiated cases of abuse," but it does impose financial, legal, and psychological strains on the subjects of such investigations. There is also a very real fear of Child Protective Services putting kids in traumatic situations instead of helping kids in need, especially when there is a disability issue. Consider the parallel problem of over-zealous truancy officers and home-schooled children. High-minded progressives with a sense of moral authority can and do commit evil acts.

The NPR article also highlights how minority communities and impoverished populations disproportionately suffer false reports of neglect and abuse. The 2017 study linked in a previous quote states, "We estimate that 37.4% of all children experience a child protective services investigation by age 18 years. Consistent with previous literature, we found a higher rate for African American children (53.0%) and the lowest rate for Asians/Pacific Islanders (10.2%)."

As a librarian, I am supposed to be bound by the mandatory reporting laws where I live. A lot of people here are poor, but doing their best in a bad situation. Kids often stay at the library after school because their parents are at work. That isn't abuse or neglect, it's a signal our economy is broken. Adding the burden of Karen-incited government intervention to their lives would be devastating. Fortunately, I know a lot of these families. Other well-meaning people could easily misinterpret the facts and decide to intervene to "protect the children." The road to hell is indeed paved with good intentions.