Children's
Collaborative Action Team
(CCAT)

The San Mateo County
Child Abuse Prevention Council

400 Harbor Blvd. Bldg. B, Belmont, CA  94002 (650) 364-3156

MOST OFTEN ASKED CHILD ABUSE QUESTIONS

Who is a child?

Under the law, a child is a person under the age of 18 years.

What is child abuse?

The Penal Code defines child abuse as "A physical injury, which is inflicted by other than accidental means on a child by another person." It also includes emotional abuse, sexual abuse and neglect.

What is not child abuse?

Child abuse does not include a mutual affray between minors, reasonable and necessary force used by a peace officer under specific circumstance or spanking that is reasonable and age
appropriate and does not expose the child to risk or serious injury.

Who am I to say what is abusive?

People may feel they have no right to pass judgment on other people. However, if knowledge or a reasonable suspicion exists, the protection of the child and compliance with the law must take precedence over these concerns. This protective action could be beneficial to parents, who might not recognize their behavior as abusive or be reluctant to seek help.

If the discipline is excessive and forceful enough to leave injuries, physical abuse has occurred. The use of instruments increases the likelihood of injuries, as does the excessive punishment of young children. Some parents hit their children in places where injuries are not visible (the buttocks, the thighs, the back) using belts, whips or other potentially dangerous instruments. If a mandated reporter has knowledge or a reasonable suspicion of abuse, even with no visible signs, a report is required.

Who is a mandated reporter?

Just about anyone who interacts with children in a professional capacity. California Law defines as mandated reporters: a teacher, instructional aide, teacher's aide or teacher's assistant, a classified employee of a school, an administrative officer or supervisor of child welfare and attendance, an administrator of a public or private day camp, and administrator or employee of a private organization whose duties require direct contact with children, a physician, surgeon, psychiatrist, psychologist, dentist, a commercial film and photographer print processor, an animal control officer, a clergy member, etc.

Who is not a mandated reporter?

Volunteers of public or private organization whose duties required direct contact and supervision of children are not mandated reporters, however; they are encouraged to obtain training in the identification and reporting of child abuse.

Are clergy mandated to report?

Clergy are legally mandated reporters only if they are acting in the capacity of a mandated reporter (e.g., psychologist, teacher, marriage family and child counselors) at the time they received the information that causes the suspect child abuse.

What is the responsibility of a mandated reporter?

Mandated reporters must report known or reasonable suspected child abuse to San Mateo County Children and Family Services or the local police department immediately by phone and follow-up with a written report to the same agency within thirty-six hours.

Employers cannot prevent you from making a report.

Where should a mandated reporter report suspected child abuse?

Suspected child abuse reporters can be made to the San Mateo County Children and Family Services Agency (650) 595-7922 or your local police or sheriff departments.

May reports be made anonymously?

Mandated reporters are required to identify themselves when making child abuse reports; persons not legally required to report may make anonymous reports.

Does the law protect mandated reporters?

The law provides mandated reporters with immunity from civil and criminal penalties for making reports required of them under the law.

What are the penalties for not reporting?

Penalties for not reporting may include a fine and jail time as well as potential civil damages.

What happens after a report is made?

Children and Family Services or the appropriate police jurisdiction are responsible for investigating the referral once it is made.

Removing a child from the home is an action taken only when a child cannot remain safe at home. If removal becomes necessary, the Juvenile Court has several options for placement including the non-custodial parent, relatives, foster homes and group homes, in that order. Parents should be reassured that the County's removal standards are stringent.

The Court will order Children and Family Services Agency, which provides child welfare services, and the parents to work together for reunification as quickly as possible.

When abuse has occurred where the alleged perpetrator is not a member of the household (for example, child molested by a stranger), law enforcement is responsible for investigating the referral. Children and Family Services will investigate to determine if the child is being protected at home. Once the agency has determined that the child is safe at home, then it may refer the family for counseling or medical care and to appropriate local community resources.

A case of out-of-home abuse is generally closed by the Children and Family Services Agency and the law enforcement agency will continue the investigation.

What if abuse occurred in the past?

There in no time limitation regarding the reporting of child abuse. If a victim is under 18, the abuse must be reported.

What if an adult states he or she was abused as a child?

The child abuse reporting law mandates a report when there is a reasonable suspicion or knowledge that minors may be in need of protection. Therefore, childhood abuse of adults should be reported if there is a reason to believe that there may be another potential child victim.

References:

• "The California Child Abuse & Neglect Reporting Law Issues and Answers for Health Practitioners" State Department of Social Services Office of Child Abuse
• California Juvenile Laws and Rules West Group a Thompson Company
• Guidelines for Mandated Reporters, Santa Clara Social Services Agency, Department of Family and Children's Services

San Mateo County Child Maltreatment Data

The California Child Abuse and Neglect Reporting Law (condensed form)

The first child abuse reporting law in California was enacted in 1963. That early law mandated only physicians to report physical abuse.

Over the years, numerous amendments have expanded the definition of child abuse and the persons required to report. Procedures for reporting categories of child abuse have also been clarified.

It is important for mandated reporters to keep updated on periodic amendments to the law. Your local child Abuse Prevention Council or county welfare department has current reporting law information. Also visit www.leginfo.ca.gov for updated information on the law and any other code section referenced in this material.

The California Child Abuse and Neglect Reporting Law is currently found in Penal Code (P.C.) Sections 11164-11174.3 P.C. 11165.7 defines "mandated reporters" as any of the following:

1. A teacher.
2. An instructional aide.
3. A teacher's aide or a teacher's assistant employed by any public or private school.
4. A classified employee of any public school.
5. An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of any public or private school.
6. An administrator of a public or private day camp.
7. An administrator or employee of a public or private youth center, youth recreation program, or youth organization.
8. An administrator or employee of a public or private organization whose duties require direct contact and supervision of children.
9. Any employee of a county office of education, whose duties bring the employee into contact with children on a regular basis.
10. A licensee, an administrator, or an employee of a licensed community care or child day care facility.
11. A headstart teacher.
12. A licensing worker or licensing evaluator employed by a licensing agency as defined in P.C. 11165.11.
13. A public assistance worker.
14. An employee of a child care institution including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities.
15. A social worker, probation officer, or parole officer.
16. An employee of a school district police or security department.
17. Any person who is an administrator or presenter of or a counselor in, a child abuse prevention program in any public or private school.
18. A district attorney investigator, inspector, or local child support agency caseworker unless the investigator, inspector, or officer is working with an attorney appointed pursuant to Section 317 of the Welfare and Institutions Code to represent a minor.
19. A peace officer, as defined in Chapter4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, who is not otherwise described in this section.
20. A firefighter, except for volunteer firefighters.
21. A physician, surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage, family and child counselor, clinical social worker, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code.
22. Any emergency medical technician I or II paramedic, or other person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
23. A psychological assistant registered pursuant to Section 2913 of the Business and Professions Code.
24. A marriage, family and child counselor trainee, as defined in subdivision [c] of Section 4980.03 of the Business and Professions Code.
25. An unlicensed marriage, family, and child counselor intern registered under Section 4980.44 of the Business and Professions Code.
26. A state or county public health employee who treats a minor for venereal disease or any other condition.
27. A coroner.
28. A medical examiner or any other person who performs autopsies.
29. A commercial film and photographic print processor, as specified in subdivision (d) of P.C. 11166. For purposes of the California Child Abuse Reporting Law, "commercial film and photographic print processor" means any person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, for compensation. The term includes any employee of such a person; it does not include a person who develops film or makes prints for a public agency.
30. A child visitation monitor. For purposes of the California Child Abuse Reporting Law, "child visitation monitor" means any person who, for financial compensation, acts as monitor of a visit between a child and any other person when the monitoring of that visit has been ordered by a court of law.
31. An animal control officer or humane society officer. For purposes of the California Child Abuse Reporting Law, the following terms have the following meaning: (A) "Animal control officer" means any person employed by a city, county, or city and county for the purpose of enforcing animal control laws and regulation. (B) "Humane society officer" means any person appointed or employed by a public or private entity as human officer who is qualified pursuant to Section 14502 or 14503 of the Corporations Code.
32. A clergy member, as specified in subdivision [c] of P.C. 11166. For purposes of the California Child Abuse Reporting Law, "clergy member" means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization.
33. Any employee of any police department, county sheriff's department, county probation department, or county welfare department.
34. An employee or volunteer of a Court Appointed Special Advocate program, as defined in Rule 1424 of the Rules of the Court.

Why Must You Report?

The primary intent of the reporting law is to protect an abused child from further abuse. Protecting the identified child may also provide the opportunity to protect other children. It is equally important to provide help for the parents. Parents may be unable to ask for help directly, and child abuse may be their way of calling attention to family problems. The report of abuse may be a catalyst for bringing about change in the home environment, which in turn may help to lower the risk of abuse in the home.

What Do You Have To Report?

Under the law, when the victim is a child (a person under the age 18) and the perpetrator is any person (including a child), the following types of abuse must be reported by all legally mandated reporters:

• A physical injury inflicted by other than accidental means upon a child. (P.C. 11165.6). Note that child abuse does not include a "mutual affray between minors. It also does not include an injury caused by "reasonable and necessary force used by a peace officer acting within the course and scope of his or her employment." (P.C. 11165.6)
• Sexual abuse of a child, including both sexual assault and sexual exploitation. "Sexual assault" includes sex acts with a child, lewd or lascivious acts with a child, and intentional masturbation in the presence of a child. "Sexual exploitation" includes preparing, selling, or distributing pornographic materials involving children; employing a minor to perform in pornography; and employing or coercing a child to engage in prostitution. (P.C. 11165.1)
• Willful cruelty or unjustifiable punishment, including inflicting or permitting unjustifiable physical pain or mental suffering, or endangering the child's person or health. (P.C. 11165.3) "Mental suffering" in and of itself is not required to be reported. However, it may be reported. (P.C. 11166.05)
• Willful infliction of cruel or inhuman corporal punishment or injury resulting in a traumatic condition. (P.C. 1116.4)
• Neglect of a child, whether "severe" or "general," by a person responsible for the child's welfare. The "neglect" includes either acts or omissions harming or threatening to harm the child's health or welfare. (P.C. 11165.2)

When Do You Have To Report?

Child abuse must be reported when a mandated reporter "… in his or her professional capacity, or within the scope of his or her employment has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect." (P.C. 11166[a].)

"Reasonable suspicion" occurs when "it is objectively reasonable for a person to entertain a suspicion, based upon 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 or neglect." (P.C. 11166[a][1].) Although wordy, the intent of this definition is clear: if you suspect that abuse has occurred, make a report.

You must make a report immediately (or as soon as practically possible) by telephone and you must prepare and send a written report within 36 hours of receiving the information regarding the incident. (P.C. 11166[a].) Written reports must be submitted on Department of Justice form (SS 8572), which may be requested from your local police or sheriff's department, county probation department, or county welfare department.

To Whom Must You Report?

The report must be made to any police department or sheriff's department (not including a school district police or security department), county probation department, if designated by the county to receive mandated reports, or a county welfare department. (P.C. 11165.9.)

Immunity

Mandated reporters have immunity from criminal or civil liability for any report required under the Child Abuse Reporting Law (P.C. 11172[a].) And if a mandated reporter is sued for making a report, he or she may be able to receive compensation for legal fees incurred in defending against the action. (P.C. 11172[c].)

Any person who makes a report of child abuse even through he or she is not a mandated reporter has immunity unless the report is proven to be false and it is proven that the person either knew the report was false or made it with reckless disregard of its truth or falsity. (P.C. 11172[a].)

Additional Safeguards for Mandated Reporters

No supervisor or administrator may impede or inhibit a mandated reporter's reporting duties or subject the reporting person to any sanction for making a report. (P.C. 11166[g][1].)

The mandated reporter's identity is confidential and may only be disclosed to specified persons and agencies. (P.C. 11167[d][1].)

Mandated reporters and others acting at their direction are not liable civilly or criminally for photographing the victim and including the photograph with their report. (P.C. 11172[a].)

A clergy member who acquires knowledge or a reasonable suspicion of a child abuse during a penitential communication is not mandated to report the abuse. "Penitential communication" means communication intended to be in confidence, including, but not limited to, a sacramental confession made to a clergy member. (P.C. 11166[c][1].)

Liability for Failure to Make A Required Report

A mandated reporter who fails to make a required report of child abuse is guilty of a misdemeanor punishable by up to six months in jail and/or by a $1000 fine. (P.C. 11166[b].) He or she may also be found civilly liable for damages; especially if the child-victim or another child is further victimized because of the failure to report. (Landeros v. Flood [1976] 17 Cal. 3d 399.)

Responsibilities of Agencies Employing Mandated Reporters

On or after January 1, 1985, persons entering employment which makes them mandated reporters must sign statements, provided and retained by their employers, informing them that they are mandated reporters and advising them or their reporting responsibilities. (P.C. 11166.5[a].)

On and after January 1, 1993, any person who acts as a child visitation monitor, prior to engaging in monitoring the first visit in a case, shall sign a statement provided and retained by the court which ordered the monitor's presence to the effect that he or she has knowledge of the provisions of the Child Abuse Reporting Law (P.C. 11166.5[a].)

Training in the duties imposed by the reporting law shall include training in child abuse identification and reporting. (P.C. 11165.7[c].) The absence of training shall not excuse a mandated reporter from the duties imposed by the reporting law. (P.C. 11165.7[e].)

Feedback to Mandated Reporter

After the investigation is completed or the matter reaches a final disposition, the investigating agency is obligated to inform the mandated reporter of the results of the investigation and any action the agency is taking with regards to the child or family. (P.C. 11170[b] [2].)