While everyone should report suspected child abuse and neglect, Article 2.5 of the Penal Code provides that it is a crime for certain professionals and laypersons who have a special working relationship or contact with children not to report suspected abuse to the proper authorities. The Child Abuse and Neglect Reporting Act states "….any child care custodian, teacher or aide, school employee, health practitioner, employee of a child protective agency, child visitation monitor, firefighter, clergy, 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 the 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. A child protective agency shall be notified and a report shall be prepared and sent even if the child has expired, regardless of whether or not the possible abuse was a factor contributing to the death and even if suspected child abuse was discovered during an autopsy…. For purposes of this article, "reasonable suspicion" means that it is objectively reasonable for a person to entertain such 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." (Penal Code 11166).
Any commercial film and photographic print processor who has knowledge of or observes, within the scope of his or her professional capacity or employment, any film, photograph, video tape, negative or slide depicting a child under the age of 14 years engaged in an act of sexual conduct, shall report such instance of suspected child abuse to the law enforcement agency having jurisdiction over the case immediately or as soon as practically possible by telephone and shall prepare and send a written report of it with a copy of the film, photograph, video tape, negative or slide attach with 36 hours of receiving the information concerning the incident…"
A clergy member who acquires knowledge or a reasonable suspicion of child abuse or neglect during a penitential communication is not subject to subdivision (a) on mandated reporting. For purposes of this subdivision, "penitential communication' means a communication intended to be in confidence, including, but not limited to, a sacramental confession, made to a clergy member who, in the course of the discipline or practice of his or her church, denomination or organization, is authorized or accustomed to hear those communications, and under the discipline, tenets, customs, or practices of his or her church, denomination, or organization has a duty to keep those communications secret.
Volunteers of public or private organizations whose duties require direct contact and supervision of children are encouraged to obtain training in the identification and reporting of child abuse. Because they are not child care custodians as defined in the Child Abuse and Neglect Reporting Act, volunteers are not mandated reporters. The agency one volunteers for may regard themselves as mandated therefore incidents will be reported to agency personnel and in turn be reported to the child protective agency.
Failure to report by telephone immediately or as soon as practically possible or in writing within 36 hours is a misdemeanor "punishable by confinement in the county jail for a term not to exceed six months or by a fine of not more than $1000. Basically, this penalty ensures that those required to do so will report all suspected incidents of child abuse immediately to a child protective agency (the local police or sheriff's department, county probation the county welfare department). For those required to report who do not do so, there may also be civil liabilities.
Those required to report should be aware that mere reporting does not necessarily mean that a civil or criminal proceeding will be initiated against the suspected abuser.
The reporting duties of a mandated reporter are individual and cannot be delegated to another individual. Supervisors or administrators may not impede or inhibit reporting by a mandated reporter, nor may they take any actions against the reporter for making a report. However, it is permissible to establish internal procedures to facilitate reporting and apprise supervisors and administrators of reports so long as these procedures are not inconsistent with the reporting act. The internal procedures shall not require any employee required to make reports by the Child Abuse and Neglect Reporting Act to disclose his or her identity to the employer.
If two or more mandated reporters are present in a situation, such as an emergency room and jointly become aware of a known or suspected instance of child abuse, they may, by mutual agreement, designate one of themselves to make the required telephone and written reports. However, if a mandated reporter becomes aware that the designated individual failed to report, he or she must then report.
In Santa Clara County when reporting a child who is the identified victim, one is also reporting on all the children in the family as they need to be evaluated for neglect/abuse also.
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