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What is a Mandated Reporter in California?
February 20, 2006
In the scope of their employment, a Mandated Reporter has a special relationship or contact with children or the home. (The California Penal Code defines a "child" as a person under the age of 18 years.)
A Mandated Reporter Is legally required to report if they know of or have "Reasonable Suspicion" of child abuse and neglect, encountered in the scope of their employment.
Employers of Mandated Reporters are required to inform them of their responsibilities.
Prior to commencing employment and as a prerequisite of that employment, Mandated Reporters must sign a statement to the effect that he or she has knowledge of the provisions of the Mandated Reporter Law, and will comply with those provisions.
Legal Obligations of a Mandated Reporter in California if Child Abuse is Known or Suspected
The Mandated Reporter must call a "Child Protective Agency" as soon as possible to make verbal report of "Reasonable Suspicion."
Then, the Mandated Reporter must file a written report on Department of Justice Suspected Child Abuse Report Form SS 8572 within 36 hours of their verbal report.
Mandated Reporters are required to give their name.
What is "Reasonable Suspicion" as defined by the California Penal Code?
"Reasonable Suspicion" occurs when "it is objectively reasonable for a person to entertain such a suspicion, when based upon the 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 11166a)
Child Abuse Report Form—Department of Justice Form SS8572
Mandated Reporters and/or their employers should keep blank copies of the form on file at all times.
If a blank form is not available when a report is made, the Mandated Reporter can request that the agency to whom the report is being made, send a blank form to them immediately.
Copies of the form are available from your local Child Protective Services Agency or by writing to:
California Department of Justice
Bureau of Criminal Identification and Information
P.O.Box 90317
Sacramento, CA 94203-4170
Record Keeping
Good record keeping or documentation is important and helpful in recognizing child abuse...Why?
Helps refresh memories
Bolsters testimony of witnesses
The child's history stays behind if you change jobs
Helps build a "case" for reporting and CPS's response
Documentation of reasons when the decision is made to not make a report
Who are Mandated Reporters in California?
Child Care Custodians
In Public and Private Schools
Teachers
Instructional Aides
Teacher's Aides
Teacher's Assistants
Classified Employees
School Bus Drivers
Administrative Officers
Supervisors of Child Welfare and Attendance
Certificated Pupil Personnel Employees
School District Police or Security
Administrators, Presenters or Counselors of Child Abuse Prevention Programs
Social Workers
Law Enforcement
Fire Fighters
Probation Officers
Parole Officers
District Attorney investigators, inspectors and family support officers
Public or Private Day Camp, Youth Center, Recreation Program or Organization Administrators
Administrators and employees of child day care facilities
Headstart Teachers
Licensing Workers
Public Assistance Workers
Foster Parents
Employees of Child Care Institutions:
Group Homes
Residential Care Facilities
Health Practitioners
Physician
Surgeons
Psychiatrist
Psychologist
Psychological Assistants
Mental Health and Counseling Professionals
Dentist
Dental Hygienist
Registered Dental Assistants
Residents
Interns
Podiatrist
Chiropractors
Licensed Nurses
Optometrist
Marriage, Family and Child Counselors, Interns and Trainees
State and County Public Health Employees
Clinical Social Workers
EMT's and Paramedics
Coroners and Medical Examiners
Clergy
Priest
Minister
Rabbi
Religious Practitioner
Or similar functionary of a church, temple or recognized religious denomination or organization.
Other
Animal Control Officers
Film and Photographic Print Processors
Penalties—California Penal Code Section 11172e
A Mandated Reporter who fails to make a report of known or suspected child abuse:
Is guilty of a misdemeanor crime, which is punishable by up to:
- six months in the county jail
- and/or up to $1000 in fines
May lose their license or credential
Safeguards for Mandated Reporters in California
Mandated Reporters cannot be prevented from reporting nor lose their job for making a report
Identity is kept confidential (see more below on confidentiality issues)
Employers are required to inform Mandated Reporters of their responsibilities
May photograph or X-ray child without parent's consent
Physician- and therapist-patient privilege does not apply
Is not required by law to inform parents of report
Confidentiality—California Penal Code Section 11167
A Mandated Reporter's name is to be held confidential at all times and can only be shared:
Between Child Protective Agencies
Child Protective Agency's Council
The Child's Council
District Attorney in cases of:
Criminal Prosecution
Parental Rights Termination
Licensing Agencies in Abuse Cases in Out-of-Home Care
By Court Order
If the Mandated Reporter Waives Confidentiality
Never to Mandated Reporter's employer except by consent or Court Order
Violations of Confidentiality—California Penal Code Section 11167.5
Any violation of the confidentiality provided in California Penal Code Section 11167 is a misdemeanor, punishable by imprisonment in a county jail not to exceed six month, by a fine of $500 or both.