Special Considerations for Educators in California

Considerations
  • Failure to report may result in loss of license, credential or suspension.
  • School records can be released without parental consent, but only when doing so protects a child in an emergency situation.
  • The victim can be interviewed on school grounds:
    • In private
    • With a member of school personnel present as support
    • The staff member cannot participate in the interview or discuss the facts
    • Staff member may decline being present in interview
  • Victim can be placed in the custody of law enforcement without parental knowledge.
  • When a child is released to law enforcement, it is law enforcement's responsibility to inform the parent or caretaker.
Internal Procedures
  • Reporting is a personal and individual responsibility for Mandated Reporters and may not be delegated.
  • However, internal procedures on who makes the report can be established to facilitate reporting and apprising supervisors of the report, as long as the procedure is consistent with, and adheres to the mandates of the law.
  • Internal procedures may be helpful in facilitating reporting when more than one Mandated Reporter observes the same child. For example, three emergency room nurses may tend to the same injured child, or after consultation, a teacher and a resource specialist decide that a report should be made.
  • The internal procedure may:
    • Stipulate that the person with the most first hand knowledge make the report, and/or
    • The report is made jointly with all parties signing the report, and/or,
    • If more appropriate, each party makes an individual report.
    • If the designated person fails to make a report, the other Mandated Reporter(s) must follow-up and report.
If a Child Comes to You
  • Your job as a Mandated Reporter is to report what the child tells you, not to investigate the situation.
  • Attempts to investigate may:
    • Tip off the perpetrator and cause them to flee or destroy evidence.
    • Cause a child to retract if they think you don't believe them.
  • Reassure the child that they did the right thing by telling you and they are not to blame
  • Don't promise them that you won't "tell"
  • Tell the child that what you plan to do to help protect them
  • Talk with the child if they need to vent - be ready to listen and be supportive
  • Be respectful of the child's need for, or dislike of touching while trying to comfort them…do so with caution and only with the child's permission
  • Consider helping the child get professional counseling
  • Mandated Reporters are not required by law to tell the parent that a report has been made. However, one should keep in mind that parents are not always the perpetrators and may not be aware that their child exhibits signs of abuse.
  • Find a place to help with your feelings too.
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