CALIFORNIA

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WHO:        Anyone MAY report if they reasonably suspect a child is a victim of abuse or neglect.  These reporters include those in their private lives, who would be under a reporting mandate if they were at work.  [Penal Code §§ 11165.7; 11166]

Non-mandated public or private organization volunteers, are encouraged to get training and report, if duties require contact and supervising of children.  [Penal Code §§ 11165.7; 11166]

These are mandatory (MUST report): • Teachers, teacher’s aides, administrators, & employees of public or private schools • Administrators or employees of day camps, youth centers, or youth recreation programs • Administrators or employees of licensed community care or child daycare facilities • Head Start program teachers • Public assistance workers • Foster parents, group home personnel, & personnel of residential care facilities • Social workers, probation officers, & parole officers • Employees of school district police or security departments • District attorney investigators, inspectors, or local child support agency caseworkers • Peace officers & firefighters except volunteer firefighters • Physicians, surgeons, psychiatrists, psychologists, dentists, residents, interns, podiatrists, chiropractors, licensed nurses, dental hygienists, optometrists, marriage & family therapists, or social workers • State or county public health employees who treat minors for venereal diseases or other conditions • Coroners & medical examiners • Commercial film & photo print or image processors • Computer technicians • Child visitation monitors • Animal control or humane society officers • Clergy members & custodians of their records • Employees of police departments, county sheriff’s departments, county probation departments, or county welfare departments • Employees or volunteers of a court-appointed special advocate program • Alcohol & drug counselors • Employees or administrators of public or private postsecondary institutions • Athletic coaches, athletic administrators, or athletic directors employed by public or private schools • Athletic coaches, including, assistant coaches or graduate assistants in coaching at public or private postsecondary institutions.  [Penal Code § 11165.7]

·        NOTE: The mandate is limited to observations made while reporters practice their professions. The mandate does not extend to observations made in their free time.

·        STANDARDS:  Child means under age 18.  [Penal Code §§ 11165; 11165.7; 11166]

(1) Most mandated reporters: in his/her professional capacity, knows of or observes a child, whom the reporter knows or reasonably suspects has been the victim of abuse or neglect (this does not require certainty or a specific medical indication);

(2) Commercial film & photo print processor:  knows of or observes any film / photo / video / negative / slide depicting a child under age 16 in sexual conduct;

(3) Commercial computer technician: in work or professional capacity, knows of or observes any [electronic] image retrievable in perceivable form, intentionally [handled] on electronic medium, depicting a child under age 16 in sexual conduct;

(4) Any other reporter: reasonably suspects a child was abused or neglected. (But a minor’s pregnancy alone is not enough for reasonable suspicion of sexual abuse.)         

NOTE: Newborns positive for drugs: a positive toxicology test at the time an infant is delivered is NOT enough to justify a report of child abuse or neglect UNLESS other factors indicate risk to the child.  [Penal Code § 11165.13] 

·        PRIVILEGE:  Clergy-penitent privilege applies, but only to that communication. Clergy acting in another capacity are mandated reporters.  [Penal Code § 11166] 

WHEN:      Mandated reports: IMMEDIATE by phone; then written report within 36 HOURS. For film / photo / image processors and computer techs, the phone report is immediate or as soon as practicably possible; then a written report (and attachments) follow within 36 HOURS.

WHERE & HOW:  Report to: (1) ANY police or sheriff’s department (except a school district police or security department) OR (2) county probation department (IF designated by the county to receive reports) OR (3) ANY county welfare department. Out-of-jurisdiction reports are forwarded.   [Penal Code § 11165.9]

·       Mandated reports: by phone (immediate) and follow-up written report (within 36 hours sending/mail, fax or electronic transmission).  [Penal Code §§ 11166]

o   Suspicious deaths: are reported the same way.  [Penal Code §§ 11166, 11166.1]

o   Film / photo / image processors and computer techs: the report must be to law enforcement. Attach visual evidence to the written report.  [Penal Code §§ 11166]

o   Parental substance abuse: if this is the sole basis for risk to a child (parent’s inability to provide care), the report is to a county welfare department or county probation department, NOT a law enforcement agency.  [Penal Code § 11165.13]   

·        Contact Information & Forms:

o   For police and sheriffs: see directory at https://www.usacops.com/ca/

o   For county probation departments’ contact info and web links, see directory at https://www.cpoc.org/post/find-my-county-probation-department

o   For county welfare departments’ contact info and web links, see directory at https://www.cwda.org/membership

o   Mandatory reporters use form BCIA 8572 for written reports, downloadable from: https://oag.ca.gov/sites/all/files/agweb/pdfs/childabuse/ss_8572.pdf?

o   Guidebook for mandatory reporters (2012): see in-depth document posted at https://mandatedreporterca.com/images/Pub132.pdf

·       INSTITUTIONS: (1) Two or more persons who agree on known or suspected child abuse or neglect may have one person make and sign the report; but if any designated fact is omitted, someone who knows it must make a follow-on report. (2) Employers may facilitate reporting and apprise supervisors and administrators, if the reporter may remain anonymous internally. (3)  Nobody may impede, inhibit, or sanction a mandated report, or shift report processing or report filing dues to a supervisor (4) Internal reports cannot substitute for mandated reports.  [Penal Code § 11166(h)-(i)]

·       REPORT DETAILS: include, to the extent known: (a) the reporter’s name, business address, and phone number (non-mandated reports may omit those); (b) what capacity if any makes the reporter mandatory; (c) the facts creating reasonable suspicion, and the info source(s); (d) the child's name, address, present location, and, if applicable, school, grade, and class; (e) names, addresses, and phone numbers of the child's parents or guardians; and (f) names, addresses, phone numbers, and other relevant info about (suspected) abusers/neglecters.  [Penal Code § 11167(a)]

·       REPORTER PROTECTION: (1) A mandatory reporter must include his/her name, business address, phone number, and capacity that is mandated.  Non-mandatory reports may be anonymous.  [Penal Code § 11167]   (2) The reporter’s identity is confidential and disclosed only to state agencies (with a need to know) or by the reporter’s waiver or a court order  [Penal Code § 11167]  (3) Mandatory reporters are immune from civil and criminal liability even if the reported observations were made outside of their professional capacity, and in the event of a lawsuit may receive up to $50,000 from the California Department of General Services to recover reasonable attorney’s fees and costs; non-mandatory reporters are immune unless the report was knowingly false or reckless as to truth.  [Penal Code § 11172(a),(b),(c),(d)(1)] 

WHY:        (1) Failure to make a mandated report is a misdemeanor punishable but < 6 months in a county jail and/or < $1,000 fine.  [Penal Code §§ 11166(c); 11166.01]  (2) Intentionally concealing one’s failure to make a mandated report  remains a failure to report until a designated (report-taking) agency discovers it. [Penal Code §§ 11166(c); 11166.01; 11165.9]  (3) Any supervisor or administrator who impedes a report maker is punishable by < 6 months in a county jail and/or < $1,000 fine. [Penal Code §§ 11166(c); 11166.01; 11166(1)]    (4)  For a child’s death or great bodily injury, willfully failing to make a mandated report, or impeding or inhibiting a mandated report, is punishable by < 1 year in a county jail and/or < $5,000 fine. [Penal Code §§ 11166(c); 11166.01; 11166(1)].  (5) Knowingly or recklessly false reporters are liable for any damages caused.  [Penal Code § 11172(a)] 

WHAT:      Child abuse or neglect is any of: (a) inflicted nonaccidental physical injury or death [§ 11165.6]; (b) sexual abuse [§ 11165.1]; (c) neglect [§ 11165.2]; (d) willful harming or injuring or endangering the child’s person or health [§ 11165.3], or (e) unlawful corporal punishment or injury [§ 11165.4].  [overall: Penal Code § 11165.6]

Initial Screening Criteria: (a) ability to locate child and/or family; (b) whether a case is already open and effective; (c) allegations meet the legal definition of abuse, neglect, or exploitation, or reports acts or behavioral indicators of them; (d) the caregiver is the alleged perpetrator or was negligent in allowing or could not prevent access to the child; (e) additional facts don’t invalidate the report; or (f) the report adds new info on an unsubstantiated history.  [Welf. & Inst. Code § 16504; DSS Manual Ch. 31, §§ 105; 120]

Reportable: (1) parent or guardian for physical abuse or neglect; (2) parent, guardian, or other household member for sexual abuse; or (3) anyone for willful harm, injury or endangerment or unlawful corporal punishment or injury.  [Penal Code § 11165.1 ff.]  NOTE: Any of these acts by persons who are not reportable for child abuse, may still be crimes under other laws, and can be reported to police (not by mandate) on that basis.

Physical Abuse is serious, nonaccidental physical harm inflicted or allowed by a parent or guardian, and the risk of it. 

(A)     Physical Injuries and the Risk of Them:

                                   (1)      The child suffered, or is at substantial risk of, serious physical HARM from the parent or guardian. Risk may be assessed by: (a) how a less serious injury was inflicted; (b) a repetitive history with the child or siblings; or (c) a combination of these and the parent or guardian’s other acts.  [Welf. & Inst. Code § 300(a)]

                                   (2)      The child, under age 5, suffered SEVERE physical abuse from: (a) the parent; or (b) someone the parent knows, if the parent knew (or should have known) that the other person was doing this.  [Welf. & Inst. Code § 300(e)]

                                   (3)      The child’s parent or guardian caused the DEATH OF ANOTHER child by abuse or neglect.  [Welf. & Inst. Code § 300(f)]

                                   (4)      The child’s parent or guardian or household member: (a) acted with CRUELTY; or (b) the parent or guardian failed to protect the child from cruel act(s) but knew or should have known of the danger.  [Welf. & Inst. Code § 300(i)]

(B)      Severe physical abuse is any of:  [Welf. & Inst. Code § 300; Penal Code § 11165.6]

                                   (1)      Any single act for which the effect, if untreated, would have PERMANENT results: (a) disfigurement; (b) physical disability; or (c) death;

                                   (2)      Any single act of SEXUAL abuse that causes: (a) significant bleeding, (b) deep bruising, or (c) significant external or internal swelling;

                                   (3)      More than one physical act, EACH causing: (a) bleeding; (b) deep bruising; (c) significant external or internal swelling; (d) bone fracture; or (e) unconsciousness; or

                                   (4)      Willful prolonged failure to provide adequate FOOD.  

Sexual Abuse is assault or exploitation: (1) by the child’s parent, guardian or other household member; or (2) the parent or guardian failed to protect against it though they knew of the danger or should have.  [Welf. & Inst. Code § 300; Penal Code § 11165.1]

(A)     Sexual Assault includes acts upon a child: (a) rape (including statutory rape and [collaborative] rape); (b) incest; (c) sodomy; (d) oral copulation; (e) lewd or lascivious acts; (f) sexual penetration; or (g) molestation.  [Penal Code § 11165.1(a)]

(1)     SEXUAL ASSAULT includes but is not limited to any of the following: (a) even slight penetration of one person’s vagina or anus by another’s penis, regardless of any semen emission; (b) sexual contact between one person’s genitals or anus and another’s mouth or tongue; (c) intrusion of any object by one person into another’s genitals or anus except for a valid medical purpose; (d) intentionally touching by a perpetrator on a child or vice versa, on the genitals or intimate parts, including breasts, genital area, groin, inner thighs, and buttocks, or clothing over them, of a child for purposes of sexual arousal or gratification, except for acts reasonably construed as normal caretaker responsibilities; interactions with, or affection for, the child; or acts for a valid medical purpose; (e) intentional masturbation of the perpetrator’s genitals in a child’s presence.

(2)     INCEST means that a person age 14 or more marries, fornicates with, or commits adultery with a person who – legitimately or not – is his/her: (a) parent or child; (b) ancestor or descendant of any degree; (c) sibling of half or whole blood; or (d) uncle, aunt, nephew, or niece.  [Penal Code §§ 285; 2200]

(3)     CONTEXT: THE AGE OF CONSENT is 18, except between a minor and his/her legal spouse. Sex between two persons under age 18 is a crime by each. Adult offenders are also liable for civil fines.  [Penal Code § 261.5]

(B)     Sexual Exploitation (concerns child pornography, prostitution, and involuntary sex and) means any of:

                                 (1)     DEPICTING: (a) depicting a minor in obscene acts; (b) preparing, selling, or distributing such depictions; or (c) employing a minor to perform the acts;

                                 (2)     FACILITATING: (a) anyone knowingly promotes, aids, or assists, employs, uses, persuades, induces, or coerces a child, or a caregiver permits or encourages a child to (b) do or assist with (c) prostitution, live obscene sexual acts, or posing or modeling alone for (d) a film, photo, negative, slide, drawing, or other depiction, of such acts; [here the caregiver is a parent, guardian, foster parent, or a licensed administrator or employee of a public or private residential home, residential school, or other residential institution]; or

                                 (3)     PRINTING: (a) depicting a child in or knowingly developing, duplicating, printing, or exchanging any (b) film, photo, video, negative, or slide of (c) a child engaged in obscene sexual conduct; An EXCEPTION is for acts performed as part of law enforcement, prosecution, etc.

(C)    Commercial Sexual Trafficking of a child means: (a) causing, inducing, persuading, or attempting the same; (b) for the purpose of getting a child into sexual conduct (voluntary or not); where (c) anything of value is exchanged (e.g., food, shelter, or payment); and (d) a parent or guardian failed or was unable to protect the child from the activity. California uses the federal definition for human trafficking.  [Welf. & Inst. Code § 300; Penal Code §§ 236.1; 11165.1; 22 U.S.C. § 7102(9)]

Neglect means negligent treatment or maltreatment in circumstances indicating actual or threatened serious physical harm or illness, because the child’s parent or guardian, by act or omission: (1) fails or is unable to adequately supervise or protect the child; (2) willfully or negligently fails to protect the child from a custodian with whom the child was left; (3) willfully or negligently fails to provide adequate food, clothing, shelter, or medical treatment; and (4) is unable to provide regular care due to mental illness, developmental disability, or substance abuse.  [Welf. & Inst. Code § 300; Penal Code §§ 11165, 11165.2] 

(A)     General Neglect is negligent failure of someone having care or custody of a child to provide adequate: (a) food; (b) clothing; (c) shelter; (d) medical care; or (e) supervision, where there is no physical injury to the child.  [Penal Code § 11165.2]

(B)     Severe Neglect is negligent failure of someone having care or custody of a child, resulting in: (a) severe malnutrition; (b) medically diagnosed nonorganic failure to thrive; or (c) willfully causing or permitting the child’s person or health to be placed in danger. “In danger” here includes unjustifiable physical pain or mental suffering, or other danger, and can include intentional failure to provide food, clothing, shelter, or medical care.  [Penal Code §§ 11165.2; 11165.3]

(C)     Note: A child is considered at risk if his/her sibling has been abused or neglected, and there is a substantial [likelihood] that the child will be, also. Relevant factors are: the prior circumstances, each child’s age and gender, the nature of the prior incidents, the parent or guardian’s mental condition, and other judicially considered factors

(D)     Exceptions:  [Welf. & Inst. Code §§ 300; 300.5; 16509.1; Penal Code §§ 11165.2]

(1)     PRAYER therapy alone is NOT medical neglect, if it is in good faith by tenets & practices of a recognized church or denomination by an accredited practitioner.  [Welf. & Inst. Code §§ 300(b)(1); 300.5; 16509.1; Penal Code §§ 11165.2]

(2)     WITHHOLDING adequate mental health treatment is NOT neglect if it is based on a sincerely held religious belief, and a less intrusive judicial intervention is available. [Welf. & Inst. Code § 300(c)]

(3)     APPROPRIATE DECISIONS by a parent or guardian, after physician(s) examine the minor, are NOT medical neglect.  [Penal Code § 11165.2]

(4)     LACK OF EMERGENCY SHELTER is NOT neglect.  [Welf. & Inst. Code § 300(b)(1)]

(5)     A PARENT’S PHYSICAL DISABILITY alone is NOT neglect unless s/he cannot exercise care and control for the child.  [Welf. & Inst. Code § 300]

(6)     A MINOR WHO IS A PARENT and is him/herself deemed a dependent child (i.e., a ward of the state under abuse or neglect laws), that minor’s child is not deemed to be at risk of abuse or neglect solely because of that parent’s age, dependent status, or foster care status.  [Welf. & Inst. Code § 300]

(E)     Abandonment is when any of the following are true: (1) a child has no provision for support; or (2) the parent / guardian voluntarily surrendered physical custody; or (3) the parent is incarcerated / institutionalized and cannot arrange for care; or (4) a relative or other adult custodian with whom the child resides is unwilling / unable to provide care or support and the parent cannot be found; or (5) the child has been up for adoption for at least 12 months (whether by parental relinquishment, termination of their rights, or an ungranted adoption petition).  [Welf. & Inst. Code § 300]

Willful harming or injuring of a child or endangering of his/her person or health is if anyone: (1) willfully causes or permits any child to suffer; or (2) inflicts unjustifiable physical pain or mental suffering on the child; or (3) while the child is in their care or custody, willfully causes or permits the child’s body or health to be put at risk.  [Penal Code §§ 11165.3] 

(A)     Emotional Abuse inflicts serious emotional damage or substantial risk of it, evidenced by: (a) severe anxiety; (b) depression; (c) withdrawal; or (d) aggression toward self or others; due to the parent or guardian’s conduct; or if a child has no parent or guardian capable of providing appropriate care.  [Welf. & Inst. Code § 300]

Unlawful corporal punishment or injury is where anyone willfully inflicts upon any child any cruel or inhuman corporal punishment or injury resulting in a traumatic condition.  [Penal Code § 11165.4]

(A)     LAWFUL acts include: (a) reasonable, necessary self-defense in quelling public-school disturbances that may injure or cause property damage; (b) reasonable, necessary force when relieving a student of a weapon or other dangerous object; (c) necessary force used by teachers, e.g., to break up a fight; and (d) injury from use of reasonable, necessary force by a police officer who is doing his/her duty.  [Penal Code §§ 11165.4; 11165.6]

(B)     SPANKING. Abuse does NOT include reasonable, age-appropriate buttock spanks with no evidence of serious physical injury.  [Welf. & Inst. Code § 300] 

(C)    PLAYGROUND SQUABBLES. Child abuse or neglect does NOT include a mutual affray between minors.  [Penal Code § 11165.6]