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Lesson Three:
Overview of Mandated Reporter Laws in California, including Protections
Afforded Mandated Reporters
Contents:
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California Law regarding Mandated Reporting
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Who are Mandated Reporters
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General Guidelines for Reporting
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Confidentiality and Protections for Mandated Reporters
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Consequences of Not Reporting
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Objectives: After completing this module, the mandated reporters will be
able to…
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Summarize his or her obligations as a mandated reporter
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Identify other professionals who are mandated reporters
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Describe the general guidelines and procedures for reporting
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Describe confidentiality and other protections for mandated reporters
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Describe the consequences of not reporting a suspected case
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What Does the Child Abuse and Neglect Reporting Law Require?
The Child Abuse Reporting Law (California Penal Code section 11166) requires
certain professionals and lay persons, who have a special working relationship
or contact with children, to report known or suspected abuse to the proper
authorities. The following is an excerpt from the law:
“…Any child care custodian, health practitioner, employee of a child
protective agency, child visitation monitor, firefighter, animal control officer
or humane society officer who has knowledge of or observes a child, in his or
her 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, shall
report the known or suspected instance of child abuse to a child protective
agency immediately or as soon as practically possible by telephone and shall
prepare and send a written report thereof within 36 hours of receiving the
information concerning the incident.”
“…For the purpose of this article, “reasonable suspicion”
means that 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.”
California Penal Code section 11166 requires the following professionals to
report suspected child abuse:
• Child care custodians
• Health practitioners
• Employees of a child protective agency
• Child visitation monitors
• Firefighters
• Animal control officers
• Humane Society officers
• Commercial film and photographic print processors
• Clergy
For purposes of the reporting law, educators and other school employees typically
fall into the categories of childcare custodian and health care practitioners.
(For further clarification of each category,
see Appendix 3.)
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