About Child Abuse Mandated Reporting Laws

• Under the Federal Child Abuse Prevention and Treatment Act (CAPTA) passed in 1974, all 50 states have passed laws mandating the reporting of child abuse and neglect.
• CAPTA provides a foundation for the States by identifying a minimum set of acts or behaviors that characterize physical abuse, neglect and sexual abuse.
• These laws vary from state to state.
• Each state is responsible for:
  • providing its own definition of child abuse and neglect.
  • describing the circumstances and conditions that obligate mandated reporters to report known or suspected child abuse.
  • providing definitions for juvenile/family courts when to take custody of the child.
  • specifying the forms of maltreatment that are criminally punishable.
• Mandated Reporting Laws change from time to time. You should consult your local Child Protective Services for the most current statute, if you have any questions or concerns about your responsibilities. See below for links to resources for information.
• Child Protective Service Agencies in California
• Child Abuse Prevention Councils in California
• National Child Abuse Reporting Hotlines
• California Penal Code at sections 11164 - 11174.3, can be accessed via the internet site titled California Law at: http://www.leginfo.ca.gov/calaw.html
• Each state's statute can be accessed via the internet at: http://www.calib.com/nccanch/services/statutes.htm
  

• The most current Child Abuse and Neglect Reporting Act, which is contained within the California Penal Code at sections 11164 - 11174.3, can be accessed via the internet site titled California Law at: http://www.leginfo.ca.gov/calaw.html

• To protect the child and any other children in the home.
• To provide help and resources for the parent or caretaker.
• Be a catalyst for change in the home environment and prevent the risk of further abuse.

• Any citizen can make a report of suspected or known child abuse to a child protective services agency.
• However, Mandated Reporters are required by law to make a report.

• In the scope of their employment, a Mandated Reporter has a special relationship or contact with children or the home. (The California Penal Code defines a "child" as a person under the age of 18 years.)
• A Mandated Reporter Is legally required to report if they know of or have "Reasonable Suspicion" of child abuse and neglect, encountered in the scope of their employment. Employers of Mandated Reporters are required to inform them of their responsibilities.
• Prior to commencing employment and as a prerequisite of that employment, Mandated Reporters must sign a statement to the effect that he or she has knowledge of the provisions of the Mandated Reporter Law, and will comply with those provisions.

• The Mandated Reporter must call a "Child Protective Agency" as soon as possible to make verbal report of "Reasonable Suspicion."
• Then, the Mandated Reporter must file a written report on Department of Justice Suspected Child Abuse Report Form SS 8572 within 36 hours of their verbal report.
• Mandated Reporters are required to give their name.

• "Reasonable Suspicion" occurs when "it is objectively reasonable for a person to entertain such a suspicion, when based upon the facts that could cause a reasonable person in a like position, drawing when appropriate on his or her training and experience, to suspect child abuse." (California Penal Code 11166[a])

• Mandated Reporters and/or their employers should keep blank copies of the form on file at all times.
• If a blank form is not available when a report is made, the Mandated Reporter can request that the agency to whom the report is being made, send a blank form to them immediately.
• Copies of the form are available from your local Child Protective Services Agency or by writing to:

California Department of Justice
Bureau of Criminal Identification and Information
P.O.Box 90317
Sacramento, CA 94203-4170

• Good record keeping or documentation is important and helpful in recognizing child abuse…Why?
  • Helps refresh memories
  • Bolsters testimony of witnesses
  • The child's history stays behind if you change jobs
  • Helps build a "case" for reporting and CPS's response
  • Documentation of reasons when the decision is made to not make a report

• Child Care Custodians
• In Public and Private Schools
  • Teachers
  • Instructional Aides
  • Teacher's Aides
  • Teacher's Assistants
  • Classified Employees
  • School Bus Drivers
  • Administrative Officers
  • Supervisors of Child Welfare and Attendance
  • Certificated Pupil Personnel Employees
  • School District Police or Security
  • Administrators, Presenters or Counselors of Child Abuse Prevention Programs
• Social Workers
• Law Enforcement
• Fire Fighters
• Probation Officers
• Parole Officers
• District Attorney investigators, inspectors and family support officers
• Public or Private Day Camp, Youth Center, Recreation Program or Organization Administrators
• Administrators and employees of child day care facilities
• Headstart Teachers
• Licensing Workers
• Public Assistance Workers
• Foster Parents
• Employees of Child Care Institutions:
  • Group Homes
  • Residential Care Facilities
• Health Practitioners
  • Physician
  • Surgeons
  • Psychiatrist
  • Psychologist
  • Psychological Assistants
  • Mental Health and Counseling Professionals
  • Dentist
  • Dental Hygienist
  • Registered Dental Assistants
  • Residents
  • Interns
  • Podiatrist
  • Chiropractors
  • Licensed Nurses
  • Optometrist
  • Marriage, Family and Child Counselors, Interns and Trainees
  • State and County Public Health Employees
  • Clinical Social Workers
  • EMT's and Paramedics
  • Coroners and Medical Examiners
• Clergy
  • Priest
  • Minister
  • Rabbi
  • Religious Practitioner
  • Or similar functionary of a church, temple or recognized religious denomination or organization.
• Other
  • Animal Control Officers
  • Film and Photographic Print Processors

• The Mandated Reporter Law exempts clergy members from reporting known or suspected child abuse when the knowledge is acquired during "penitential communication."
• "Penitential communication" means a communication, intended to be in confidence, including, but not limited to, a sacramental confession, made to a clergy member who, in the course of the discipline or practice of his or her church, denomination, or organization is authorized or accustomed to hear those communications, and under the discipline, tenet, customs, or practices of his or her church, denomination, or organization, has duty to keep those communications secret."
• In other words, clergy members have many roles in the administration of their parish, I.e., bible study leader, committee work, etc. During those times, clergy are not exempt from the reporting mandate.

• Since 1990, statistics shown that 52% of the child abuse reports each year are made by Mandated Reporters.
• Mandated Reporters have the best opportunity to identify a child abuse problem before it becomes a statistic.
• A Mandated Reporter may be the only responsible adult in a particular child's life.

• Mandated Reporters have immunity from civil and criminal liability (unless the report was made maliciously, while knowing it was false).
• Immunity, however, does not eliminate the possibility that actions may be taken against the Mandated Reporter. Therefore, the state will reimburse up to $50,000 in legal fees in case of a suit.

• A Mandated Reporter who fails to make a report of known or suspected child abuse:
  • Is guilty of a misdemeanor crime, which is punishable by up to:
  • six months in the county jail
  • and/or up to $1000 in fines
  • May lose their license or credential

• Mandated Reporters cannot be prevented from reporting nor lose their job for making a report
• Identity is kept confidential (see more below on confidentiality issues)
• Employers are required to inform Mandated Reporters of their responsibilities
• May photograph or X-ray child without parent's consent
• Physician- and therapist-patient privilege does not apply
• Is not required by law to inform parents of report

• A Mandated Reporter's name is to be held confidential at all times and can only be shared:
  • Between Child Protective Agencies
  • Child Protective Agency's Council
  • The Child's Council
  • District Attorney in cases of:
  • Criminal Prosecution
  • Parental Rights Termination
  • Licensing Agencies in Abuse Cases in Out-of-Home Care
  • By Court Order
  • If the Mandated Reporter Waives Confidentiality
  • Never to Mandated Reporter's employer except by consent or Court Order

• Any violation of the confidentiality provided in California Penal Code Section 11167 is a misdemeanor, punishable by imprisonment in a county jail not to exceed six month, by a fine of $500 or both.