October 2001

Mental health services have been expanding to reach more children and elders. As these services expand, the law surrounding reporting child abuse and elder abuse has also expanded. These mandated reporting laws are one exception to the psychotherapist-client privilege.

Illinois law requires professionals working with children and elders to report any suspected instances of abuse or neglect. 325 ILCS 5/4; 320 ILCS 20/4. The Abused and Neglected Child Reporting Act (“ANCRA”) states that “[t]he privileged quality of communication between any professional person required to report and his patient or client shall not apply to situations involving abused or neglected children and shall not constitute grounds for failure to report as required by this Act.” 325 ILCS 5/4. Similarly, the Elder Abuse and Neglect Act states that “[t]he privileged quality of communication between any professional person required to report and his or her patient or client shall not apply to situations involving abused, neglected, or financially exploited eligible adults and shall not constitute grounds for failure to report as required by this Act.” 320 ILCS 20/4(a-5).

The mandated reporting laws require the mental health professional to report suspected abuse or neglect when the professional has “reasonable cause to believe” that a child was abused or neglected. 325 ILCS 5/4. Reasonable cause is defined as known or suspected abuse or neglect. A mental health professional that fails to report suspected cases of abuse or neglect may incur penalties, such as termination from a job, civil liability, or criminal penalties. For example, according to the ANCRA, mandated reporters, with the exception of physicians, “who willfully fails to report such [suspected child abuse and neglect] shall be guilty of a Class A misdemeanor.” 325 ILCS 5/4.02. However, mandated reporters who report suspected cases of child or elder abuse are immune from civil and criminal liability. 325 ILCS 5/9; 320 ILCS 15/4.

States have a compelling interest in preventing abuse such that the psychotherapist-client privilege can be overridden. For example, children may not be aware of their abuse or injury, they may not be able to report their abuse, third parties may not see the effects, the effects on the child can be for a lifetime, and “the state bears a special responsibility to protect children who are considered unable voluntarily to choose their own course of action.”

In summary, mental health professionals should be aware of the mandated reported laws for child abuse and elder abuse. Failure to report known or suspected abuse or neglect can result in termination from a job, civil liability or criminal penalties. Since protecting these class of persons is a compelling state interest, mandated reporters are immune from civil and criminal liability when the breach their client’s confidentiality and report suspected cases of child or elder abuse.