What are the legal obligations of a Mandated Person?
Mandated persons have two main legal obligations under the Children First Act 2015
- To report harm of children, above a defined threshold, to Tusla
- To assist Tusla, if requested, in assessing a concern which has been the subject of a mandated report
As a mandated person, under the legislation you are required to report any knowledge, belief or reasonable suspicion that a child has been harmed, is being harmed, or is at risk of being harmed. The Act defines harm as assault, ill-treatment, neglect or sexual abuse, and covers single and multiple instances.
The reporting requirements under the Children First Act 2015 apply only to information that you as a mandated person, received or became aware of since the Act came into force. However, if you have reasonable concern about past abuse, where the information came to your attention before the Act and there is possible continuing risk to children, you should report it to Tusla under the Children First Guidance 2017.
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