Mandatory Reporting

Many service providers are mandated reporters. The specific roles and obligations of mandated reporters vary by state.

Carceral responses to violence and harm (those involving the criminal legal system) frequently do not protect trans and nonbinary survivors. Trans and nonbinary people, especially those with other marginalized identities, are more likely to experience violence by law enforcement, medical staff, child welfare agencies, or other authorities who may become non-consensually involved in their case[i]. Even if making a report does not cause material harm, it can damage the survivor’s trust in service providers and impact their willingness to seek help in the future. [ii]

Making a mandatory report does not automatically mean that a survivor will gain access to safety or resources to help with their situation. A reporter should consider how they can best help the survivor meet their needs, which may include safety planning, providing financial support, or helping them connect to other resources.

Here are some considerations when interacting with trans and nonbinary survivors as a mandated reporter.

Be aware of systemic issues impacting trans and nonbinary survivors, particularly those who are Black, Indigenous, and People of Color (BIPOC), disabled, undocumented, or have other marginalized identities. Understand that calling the police may result in physical violence and/or further trauma to the survivor, and try to mitigate unwanted police responses whenever possible.

Communicate clearly about what information needs to be reported (ideally before someone shares it), who will be told, and what will happen if you need to report something. If someone begins to share information that may trigger a mandatory reporting situation, gently pause the conversation and let them know before continuing.

Offer alternatives for how survivors can share information or ask for clarification. Is there a safe way for them to ask if sharing certain information will result in a report? Can they describe something that happened as “happening to a friend”?

Connect survivors with resources offering full confidentiality. If you cannot serve a survivor without having to make a report against their will, consider offering alternative resources with providers who are not mandated reporters.

Honor survivor needs in every possible scenario. Listen to survivors’ concerns about mandatory reporting scenarios. If you have to report something, do this with the survivor’s involvement. Let them know what you are sharing and what comes next, and how you can offer support throughout the reporting process.

It is possible for providers in mandated reporting roles to build trust with trans and nonbinary survivors. Doing this requires clear communication, a respect for the survivor’s autonomy, and taking steps to mitigate harm.

Resources for mandated reporters:

[i] Abrams, A. (2020, June 25). Black and Disabled People at Risk in Police Encounters. Time. https://time.com/5857438/police-violence-black-disabled/

[ii] Wong, A. (2021, April 19). The New National Mental Health Crisis Line Wants to Track Your Location. Disability Visibility Project. https://disabilityvisibilityproject.com/2021/04/19/the-new-national-mental-health-crisis-line-wants-to-track-your-location/

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