The Mandatory Reporting of Abuse: Problem Creation Through Problem Solution?

Abstract

The current article seeks to critically examine Maryland's policy of mandatory abuse reporting as it applies to adult female survivors of sexual abuse in therapy. An overview of mandatory reporting legislation in the United States and Maryland is presented. The article addresses the significance of mandatory reporting as a general problem for therapists and their clients, with a focus on the aforementioned population. More specifically, the article seeks to answer the following question: What are the intended and unintended consequences of the policy for individuals and families? Finally, solutions to address the unintended consequences of the policy are offered, as are suggestions for further research to inform the debate.

KEYWORDS:

• behavioral sciences and the law
• child sexual abuse
• family therapy

Notes

Health Insurance Portability and Accountability Act (HIPAA) of 1996, Pub. L. No. 104–191 (1996).

Laws of Maryland, Chapter 635 §§ 5–704, 5–705, and 5–706 (1987).