Yes, You Are Mandated to Report This Incident
You must immediately report this case to your local child protective services agency because both children witnessed domestic violence while being held by their mother during a physical assault, which constitutes child maltreatment in most jurisdictions. 1
Why This Case Triggers Mandatory Reporting
The legal duty to report is clearly triggered in this situation for several specific reasons:
Children who directly witness physical violence between adults are at risk of harm, and the emotional trauma and psychological harm they experience is recognized as a form of child maltreatment 1
Both children were present and physically held by their mother during the assault, making them direct witnesses to the violence, which places them at significant risk 1
The boyfriend's pattern of behavior demonstrates ongoing risk: he physically assaulted the sister, filed a false police report claiming to be the victim, and then used coercive threats to force the mother to surrender custody of the 7-year-old 1
The coercive removal of the 7-year-old through threats represents potential ongoing risk to both children's safety and wellbeing 1
What Information to Include in Your Report
Contact your local child protective services immediately with the following details:
The patient's identity and the identities of both children 1
The boyfriend's physical assault of the sister while both children were present and held by the mother 1
His false police report claiming to be the victim when he was actually the perpetrator 1
His threats to press charges against the sister unless the mother surrendered custody of the 7-year-old 1
The current separation of both children from their mother (7-year-old with boyfriend's mother, 2-year-old with patient's parents) 1
The boyfriend's demonstrated capacity for violence, manipulation, and false reporting to authorities 1
How to Approach This With Your Patient
Before making the report, inform your patient about the limits of confidentiality and explain that you are legally required to report when children are at risk 1
Emphasize that this reporting requirement exists to protect the children, not to punish her 1
Assess her immediate safety by asking directly whether she has safety concerns, whether the boyfriend has threatened her, whether she is afraid of him, and whether he has a history of violence or access to weapons 1
Critical Safety Assessment
You need to evaluate immediate risk factors:
Does the boyfriend have access to the children at his mother's home? 1
Has he made additional threats since the initial incident? 1
Does your patient fear for her safety or her children's safety? 1
Supporting Your Patient After Making the Report
Provide resources for domestic violence support services, including shelters, legal advocacy, and counseling specifically designed for intimate partner violence 1
Offer referrals for mental health services that can address PTSD, anxiety, and other psychological impacts of the assault and ongoing threats 1
Continue to provide necessary medical care regardless of the reporting requirement 2
Common Pitfall to Avoid
Do not delay reporting while trying to gather more information or waiting to see if the situation resolves. Healthcare professionals are required to report when there is reasonable suspicion of child maltreatment, not when they have absolute certainty 1, 2. The presence of both children during a physical assault, combined with the coercive custody arrangement, already meets the threshold for mandatory reporting.