Mandatory Reporters and Designated Public Service Workers

Public Records Briefing - Issue #19

You know what today is? Besides Johnny Appleseed day,  it’s another Monday where you have the opportunity and privilege to learn more about public records! Well doggies! Aren’t you lucky?

Fun Fact

In most cases, there’s no big penalty (other than bad press or sad face requestors) for getting a public records response wrong. But there is one uncommon instance that could be a crime if you get it wrong!

This exception, found in R.C. 2151.421, deals specifically with “mandatory reporters” of suspected child abuse. Certain professions (doctors, lawyers, teachers, police officers, etc.) are mandatory reporters and they must report suspected child abuse to either children’s services or to a police officer. Serious link – here’s a full list of mandatory reporters.

But the same law that says a report must be made also says that the identity of the person who makes the mandatory report -- along with the details of that report -- must be kept confidential. This means that any information from a mandatory reporter must be completely redacted from any record your agency might release. In fact, this exception is the only thing we’re confident saying you could redact from a 9-1-1 call.

What’s the penalty if you violate R.C. 2151.421? It’s a fourth-degree misdemeanor. Ryan and Mark from the Public Records Briefing staff served as special prosecutors in a case about a violation like that. Here’s what happened.

What’s the best thing to do when you get a request and some of the records involve information provided by mandatory reporters? Call your lawyer and make him or her deal with it!