Mutual Deference Between Hospitals and Courts

This Article explores the phenomenon of “mutual deference” between medical and legal systems to show that placing mandated reporting responsibilities on clinicians results in lasting harm for families. On side, are obligated defer any “reasonable suspicion” a child may be at risk system; their concern mild or severe, nonmedical nature. But system, comprised lay-people field medicine, is illequipped evaluate concern, so defers back clinician’s report when making critical decisions around family integrity. Thisdeference often functions elevate finding “imminent risk,” justifying needless prolonged separation More systemically, mutual deference creates reinforces associations low-income communities color notions maltreatment. Mutual insulates reporter system from liability while imposing tremendous families caught middle. That laws discourage considering this deciding whether reflects extent which regulation has prioritized prosecution over supporting Efforts re-envision how society’s support protection can move away state-sanctioned violence towards strengthening within must begin with removing providers.