From an ethical perspective: The answer is usually straightforward. Standard 4.05(a) of APA’s Ethical Principles of Psychologists and Code of Conduct (the “Ethics Code”) allows psychologists to report if they have valid consent from the patient. When there’s no consent, Standard 4.05(b) permits a psychologist to disclose confidential information if they are required under state law to report suspected abuse.
From a legal perspective: Mandatory reporting laws make a psychologist legally required to report suspected abuse, even if it means breaking confidentiality. To understand whether your state legally requires you to make a report, first review your state law. If you are unsure whether you need to report, you can contact the state agency designated to receive and investigate reports concerning that type of abuse (e.g., child protective services or adult protective services).
To determine whether a report should be made: Psychologists can (ask to) anonymously explain the situation to the reporting agency in general terms without divulging confidential information. Agency staff can clarify if they will accept a report for that situation and explain how you can make an official report.
Psychologists can also reach out to their state or territorial psychological association for guidance. State psychological associations have the most up-to-date information on that state’s professional obligations and often offer their members free access to legal professionals for brief consultations. Psychologists should also consider speaking with their malpractice carrier to navigate the situation.
