|
Lesson Three: (Continued)
Feedback to Reporter
After the investigation is completed or the matter reaches a final disposition,
the investigating agency shall inform the mandated reporter of the results of
the investigation and any action the agency is taking.
(P.C. 11170 [b] [2]).
What if I make a mistake?
Dr. C. Henry Kempe, a pioneer in the field of child abuser prevention, once said
he would rather apologize to a parent because he made a mistake about reporting
the abuse, than to apologize to a brain-damaged child because he did not report.
It is better to err in the direction of over-reporting than
under-reporting.
It is important to note that mandated reporters are immune pursuant to statute
if they make a report, but they are liable if they fail to report when they have
reasonable suspicion.
Summary
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.
These “mandated reporters” include: any child care custodian, health
practitioner, employee of a child protective agency, child visitation monitor,
firefighter, animal control officer or humane society officer.
The report is to be submitted to a child protective agency immediately or as soon
as practically possible by telephone, followed by a written report within 36 hours
of receiving the information concerning the incident. 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. 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.
Mandated reporters who, in good faith, file a report are protected as follows:
their name is kept confidential, they are immune from civil or criminal liability,
they cannot be impeded or inhibited by an administrator or supervisor from filing
a report, and they are entitled to feedback resulting from the
investigation. Quiz »
|
