Mandated Reporting. CHILD ABUSE & NEGLECT. Caution. The following presentation contains graphic photos of general neglect, severe neglect, physical abuse, substance abuse, and failure to thrive incidents. Mandated Reporting.
The following presentation contains graphic photos of general neglect, severe neglect, physical abuse, substance abuse, and failure to thrive incidents.
(c) Emotional abuse
(d) Sexual abuse
(e) Severe physical abuse of children under five
(f) Parent caused death of a sibling
(g) Parent’s failure to support
(h) Legal orphan
(j) Other siblings neglected, child at riskWhat is Child Abuse and Neglect?Welfare & Institutions Code 300 (a) – (j)
• Serious physical abuse inflicted non-accidentally.
• Must be by the child's parent or guardian.
• Substantial risk of serious future injury.
• History of repeated injuries on the child or siblings.
• Does NOT include reasonable and age-appropriate spanking to the buttocks.
• Does NOT include fights between like-age minors.
Physical abuse may be suspected when the child:
Physical abuse may be suspected when the parent or adult caregiver:
• Failure to adequately supervise or protect the child.
• Failure to protect from the conduct of others.
• Failure to provide adequate food, clothing, shelter, or medical treatment.
• Inability to provide care due to mental illness, developmental disability, or substance abuse.
• Medical decision made after consultation with a physician does NOT constitute neglect.
Neglect may be suspected when the child:
Neglect be suspected when the parent or other caregiver:
Emotional abuse may be suspected when the child:
Emotional abuse may be suspected when the parent or adult caregiver:
Sexually abused children may develop the following:
Sexual abuse may be suspected when the child:
Sexual abuse may be suspected when the parent or other caregiver:
Who responds initially to:
The child's parent or guardian caused the death of another child through abuse or neglect.
Substance abuse alone
Sexual activity between minors
Pregnancy of a minor, regardless of her age, does not in and of itself constitute the basis of a reasonable suspicion of sexual abuse.
Penal Code, §11166(a).To Intervene or Not?
In the following situations Child Welfare Services does not have the legal authority to intervene unless allegations of abuse or neglect are present.
Child abuse must be reported when a person who is a legally mandated reporter
“. . . has knowledge of or observes a child in his or professional capacity, or within the scope of his or her employment whom he or she knows or reasonably suspects has been the victim of child abuse . . .”
Penal Code §11166(a)
Reasonable suspicion occurs when
“. . . it is objectively reasonable for a person to entertain such 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 . . .”
Penal Code §11166(a)(1)
How to report
Penal Code §11166(g)(3)
The following information is also required when making the telephone report of suspected child abuse to the child welfare agency:
Penal Code §11167(a)
“Reporting the information regarding a case of possible child abuse or neglect to an employer, supervisor, school principal, school counselor, coworker, or other person shall not be a substitute for making a mandated report to an agency specified in Section 11165.9.”
Penal Code §11166(g)(3)
Any person who fails to report an instance of child abuse, as required by the Child Abuse and Reporting Act, is guilty of a misdemeanor with a punishment not to exceed six months in jail, or a $1000 fine, or both.
Penal Code §11166(b)
Mandated reporters who report suspected cases of child abuse have absolute immunity, both civil and criminal, for making such reports.
Penal Code §11172
Confidentiality regarding the identity of the reporters, the reports, and the records maintained by child welfare agencies and the Department of Justice, Child Abuse Central Index is strictly controlled.
Penal Code §11167(d)
The identity of all persons who report known or suspected child abuse is confidential and may only disclosed as follows:
According to Penal Code §11170(b)(2), after the investigation is completed, the investigating agency must inform the mandated reporter of the results of the investigation and any action the agency is taking (usually within 30 days).