(Author's Note: Text and title changed from "mandatory reporting" to "anonymous reporting". I goofed on terms today!)

A number of my readers have taken issue with my contention that we end the anonymous reporting that is the basis for the majority of reports lodged with Child Protective Services. I would like to take this opportunity to explain why it will not decrease legitimate complaints, and will further help prevent child abuse, which SHOULD be the aim of an agency whose alleged goal is to protect children.

Anonymous reporting does not help to collect legitimate tips. You cannot obtain a warrant for a criminal investigation off of an anonymous report, and cannot use a deposition from an anonymous reporter as evidence in a criminal proceeding. It will be thrown out of court immediately, due to our sixth amendment right to confront witnesses against us.

There are times, however, when a victim needs to be protected. There are already rules in place to protect victims from retaliation from abusers, and these rules simply need to be enforced (in the case of alleged child abuse, for instance, a videotaped deposition is admissable in courts of law). In cases where the accuser has valid reason to fear for their health and safety (which is almost NEVER the case in allegations of neglect, only in those of abuse), then the accuser should, with special permission from the judge, have the right to the same privilege.

Anonymous reporting can potentially OBSTRUCT a legitimate investigation. It is a primary reason where, of the FOUNDED cases of child abuse or neglect, VERY few go to criminal court. The evidence produced has been tainted by the methods of investigation.

What I propose as an alternative to anonymous reporting is a "shield" law. The names are not given in the initial investigation, but can be obtained by the accused or their attorney upon request (but still cannot be given by the social worker "at the door"). Give CPS the authority to protect the accuser's identity upon initial contact, but give the accused legal recourse against false reports through enforcement of false reporting laws already in place in many states. This will give CPS the additional weapon of an eyewitness that they can produce in court in cases of true abuse or neglect, allowing them to put truly abusive/neglectful parents behind bars, where they belong.

Anonymous reporting has been used for far too long as a tool to abuse and harass the innocent. It must be done away with and replaced with a system in keeping with our constitutional rights.