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Are mediators mandated reporters?

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modad75

Member
What is the name of your state (only U.S. law)? MO

I was wanting to find out if lawyers are mandated reporters in Missouri? I had mediation with the exwife and I brought up the fact that a concern of mine is one of the children in the house (a sibling of hers that is 9, not one of my children) is locked in the basement. She replied "we do not lock her in the basement, we lock her in the cellar" .... ummmmm that's even worse!! She swore to the mediator that the therapist insisted they lock her in the cellar during fits because of her reactive attachment disorder. Also, she claimed that the reason they make her wear her peed on panties on her head after peeing her pants is because the therapist said to do this. That is just insane and unreal to believe. If she is granted her visitation rights back to our children they will be in this house where this happens =/ For now she is going to get a few hours every other weekend until court, surely not much can happen during that time... I hope. But my main question was the mandated reporter. Obviously they have lied to CPS in the past because she said they have already been reported 8 times for it by the schools and such and they told CPS this. I just cant seem to believe CPS would allow this. Thanks.
 


FlyingRon

Senior Member
What sort of mediation?

But generally no. The statute on mandatory reporting is:

When any physician, medical examiner, coroner, dentist, chiropractor, optometrist,
podiatrist, resident, intern, nurse, hospital or clinic personnel that are engaged in the
examination, care, treatment or research of persons, and any other health practitioner,
psychologist, mental health professional, social worker, day care center worker or other
child-care worker, juvenile officer, probation or parole officer, jail or detention center
personnel, teacher, principal or other school official, minister as provided by section
352.400, RSMo, peace officer or law enforcement official, or other person with the
responsibility for the care of children...​

However, I suspect that the mediator isn't bound by any sort of confidentiality and could indeed report suspected abuse.
 

Silverplum

Senior Member
Your "accusation" against your X to the mediator is not a "report" upon which the mediator must take action.

It's an "accusation" by one parent against another given in a "battle setting."

If you're concerned about a child, call your county's version of Child Protective Services and tell them what you know.
 

modad75

Member
I reported it the first time my daughter told me this went on. This time it was my ex saying they actually do do this. So I dont know if I am supposed to report since I have reported in the past.
 

modad75

Member
I understand my "accusations" are nothing to report.... CPS would be at work all day for "accusations" in "battling situations" if that was the case.

My question was, would a mediator be a mandated reporter for my ex's "claims", such as her claim of locking a child in the cellar or putting peed underwear on a childs head. Not my "accusation" of locking in the basement.

Thanks.
 

mistoffolees

Senior Member
I understand my "accusations" are nothing to report.... CPS would be at work all day for "accusations" in "battling situations" if that was the case.

My question was, would a mediator be a mandated reporter for my ex's "claims", such as her claim of locking a child in the cellar or putting peed underwear on a childs head. Not my "accusation" of locking in the basement.

Thanks.
As you were told, a mediator is not a mandated reporter.

A mediator can, however, testify to what he/she heard your ex say. So if you report to CPS what was discussed in the presence of the mediator, they may contact the mediator for verification - and then investigate the house.

(Note: even though the mediator testifying to what ex said in the session is hearsay, I believe it falls under one of the exceptions - where hearsay is admissible).
 

modad75

Member
I know what I was told I was explaining to pp as they thought I was asking about what I said but thanks:) And anything can be dismissed without evidence ... Again, not what I was asking just about nandated reporters is all :) thankyou for the help.
 

CJane

Senior Member
You'd have to provide a whole lot more detail than what you have before it rose to the level of a mandated reporter getting involved.

"Locking" a child in the basement in order to create space in a situation might not be abuse. In fact, it probably is not. Is the child violent? Is the basement or "cellar" the only room in the house that can conceivably be used for "lockdown" until a violent episode has passed or waned?

I think you're stepping into dangerous territory if you decide to use the parenting of an emotionally disturbed child against the mother of your children in court. Really.
 

modad75

Member
I dont know what the "cellar" looks like so maybe it is the only "safe place". However, putting peed on underwear on her head I cant seem to find an explanation.
 

CJane

Senior Member
Modad, unless she's doing these things in parenting YOUR children, it's not your business.

You need to read up on what constitutes abuse in MO. For real.
 

modad75

Member
CJane.... Like I said this was NOT ONE OF MY CHILDREN... so it doesn't matter in my case , that is not the question. My only question was if a mediator was a mandated reporter for THE CHILDS SAKE .... not my case. I don't need to use this on my case, did not ask if I could, did not ask if it mattered FOR MY CASE. I just asked simply about the mandated reporter part. Thanks for assuming I wanted to use this, because it is not needed. I was asking because even though this little girl is not related to me, she deserves proper care.
 

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