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Lesson Three: (Continued)
Protections Afforded Mandated Reporters: Confidentiality
Mandated reporters are required to give their name when a report is made.
(Pen.Code, 11167,subds. (a).) However, the identity of all persons who report
known or suspected child abuse is confidential and may only be disclosed
as follows:
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Between child protective agencies
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To counsel representing a child protective agency.
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To the district attorney in a criminal prosecution.
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To the district attorney in an action initiated under Welfare and
Institutions Code section 602 (wards; minors violating laws defining crime)
arising from alleged child abuse.
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To the child’s counsel appointed pursuant to Welfare and
Institutions Code section 317 (c).
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To the county counsel or district attorney in proceedings under
Family Code section 7800, et seq. (Termination of parental rights) OR Welfare
and Institutions Code section 300 (dependent children).
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To a licensing agency when abuse in out-of-home care is reasonable
suspected.
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By court order.
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When the reporter waives confidentiality. (Pen. Coder, 11167(d).)
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Anonymity
Mandated reporters must identify themselves when making child abuse reports.
However, persons not legally mandated to report may make anonymous
reports.
Immunity
Those persons legally mandated to report suspected child abuse have immunity
from criminal or civil liability for reporting as required. (P.C. 11172 [a]).
Any person not mandated by law to report suspected child abuse has immunity
unless the report is proven to be false and the person reporting knows it is
false, or the report is made with reckless disregard of the truth or falsity
of the incident. (P.C. 11172[a]).
Safeguards for Mandated Reporters
No supervisor or administrator may impede or inhibit a report or subject the
reporting person to any sanction. (P.C. 11166 [f]). Persons other than those
legally mandated to report are not required to include their names when making
a report. (P.C. 11167 [e]). Reports are confidential and may be disclosed only
to specified persons and agencies. (P.C. 11167.5) Mandated reporters and others
acting at their direction are not liable civilly or criminally for photographing
the victim and disseminating the photograph with the report.
(P.C. 11172 [a]).
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