Mandatory Reporting

  1. Overview
  2. Sexual Violence
  3. Mandatory Reporting

It may not always be clear to service providers who work with individuals with disabilities if they are mandated by West Virginia law to report sexual assault, which situations require a report, to whom they are required to report and how to go about reporting. Here are some of the basics:


  • In West Virginia, mandatory reporters of suspected abuse or neglect of adults who are incapacitated, or of emergent situations where adults who are incapacitated are at imminent risk of serious harm, include: medical, dental and mental health professionals; Christian Science practitioners; religious healers; social service workers; law enforcement officers; humane officers; state or regional ombudsmen; and employees of nursing homes or other residential facilities. Check with your supervisor to if you are unsure if you are a mandatory reporter.
  • An adult who is considered "incapacitated," according to state law, is someone who cannot independently conduct daily life sustaining activities due to a physical, mental or other infirmity.7 Abuse, neglect or an emergent situation involving an adult who is incapacitated should be reported to the local Department of Health and Human Resources (DHHR), Adult Protective Services (APS), or the 24-hour hotline provided for this purpose (800-352-6513).
  • Mandatory reporters of suspected or observed mistreatment of a minor in West Virginia include: medical, dental or mental health professionals, religious healers and members of the clergy, Christian Science practitioners, social service workers, school teachers and other school personnel, child care or foster care workers, humane officers, emergency medical services personnel, peace officers or law enforcement officials, circuit court and family court judges, employees of the Division of Juvenile Services and magistrates.8 Reports should be made to DHHR, Child Protective Services (CPS), or 800-352-6513 (same as above number).
  • The initial verbal report to DHHR should be followed within 48 hours with a written report, using DHHR's forms or forms your agency has developed for this purpose.

For more information on this topic, see B5. Mandatory Reporting, in the WV S.A.F.E. Training and Collaboration Toolkit—Serving Sexual Violence Victims with Disabilities.

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