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Lesson Three: (Continued)
What are the responsibilities of the agency
employing mandated reporters?
Any person entering employment which makes him or her a mandated reporter must
sign a statement, provided and retained by the employer, to the effect that he
or she has knowledge of the reporting law and will comply with its provisions
(P.C. 11166.5 [a]).
Commercial film and photographic print processors and persons employed by child
protective agencies as members of the support staff or maintenance staff and who
do not work with, observe, or have knowledge of children as part of their official
duties are not required to sign such statements. (P.C. 11166.5 [a] and
11165.10).
What Will Happen To Me If I Make Report?
Anyone who reports known or suspected child abuse is protected by the law from
civil or criminal liability, unless it can be proven the report was false and
the person who made the report knew it was false.
Any person, except a mandated reporter, who reports child abuse, may remain
anonymous. (Some groups of persons are specified in law as mandated reporters
and are required to give their names. They are also provided unqualified immunity
from civil liability.)
However, it is helpful to give your name and telephone number to the social
worker or law enforcement officer taking the report, in the event he or she
needs to obtain more information later.
Liabilities for Failure to make a Required Report
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A person who fails to make a required report is guilty of a misdemeanor
punishable by up to six months in jail and/or up to a $1,000 fine
(P.C. 11172 [e]).
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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 vs. Flood [1976] 17C.3d 399).
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Educators who fail to report may risk loss of their license or credential.
The Commission for Teacher Preparation and Licensing shall privately admonish,
publicly reprove, revoke, or suspend (a credential) for immoral or unprofessional
conduct, or for persistent defiance of, and refusal to obey the laws regulating
the duties of persons serving in the public school system.
(Ed. Code 44421.)
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Moreover, a failure to report may result in personal civil liability.
(Landeros v. Flood (1975) 17Cal.3d399.)
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