Mandated reporters often have questions about situations that may or may not be child abuse. Listed below are situations or circumstances that are not considered child abuse for the purposes of the Child Abuse and Neglect Reporting act:
- Children fighting. Injuries caused by children fighting by mutual consent.
- Reasonable Force. Injuries caused by reasonable and necessary force used by a peace officer acting within the scope of his or her employment.
Injuries caused by reasonable and necessary force used by public school personnel to stop a disturbance that is threatening physical injury to someone or damage to property, for purposes of self-defense, or to obtain possession of weapons or other dangerous objects within the control of a child.
- Voluntary sexual activity between children under the age of 14.
Voluntary sexual conduct between children who are both under the age of 14 years and who are of similar age and sophistication is not a crime and need not be reported under the Child Abuse and Neglect Reporting Act.
- Pregnancy. Pregnancy of a minor, regardless of her age, does not, in and of itself, constitute the basis of a reasonable suspicion of sexual abuse.
- Past Abuse of a child who is an adult at the time of disclosure.
There is no duty to report child abuse unless the victim is a child, meaning a person under the age of 18 years. Accordingly, past abuse of a child who is an adult at the time of disclosure or discovery of the abuse need not be reported. However, if a mandated reporter has a reasonable suspicion due to the conversation with this adult that someone still under the age of 18 has been abused, it must be reported.
- Maternal substance abuse and positive toxicology screen at birth.
A positive toxicology screen at the time an infant is delivered is not, in and of itself, a sufficient basis for reporting child abuse or neglect. However, any indication of maternal substance abuse shall lead to an assessment of the needs of the mother and child pursuant to Health and Safety Code section 123605. If other factors are present that indicate a risk to the child, a report must be made, but a report based on risk to a child that relates solely to the parent's inability to provide the child with regular care due to the parent's substance abuse shall be made only to county welfare departments and not to law enforcement agencies.
- Sudden Infant Death Syndrome (SIDS).
SIDS is the sudden and unexpected death of a baby who seems perfectly healthy. Victims are most often between the ages of one month and one year. Every two hours in the United States, a baby dies of SIDS. SIDS happens in families of all social, economic, and ethnic groups. It is a recognized cause of death and is only determined after completing an autopsy, a death scene investigation and a review of the case history of both the baby and family. Scientists from the United States and around the world are conducting large-scale, ongoing research into deaths from SIDS. These researchers are coming closer to understanding SIDS…but the cause is still unknown. What is known is that SIDS is not caused by child abuse and it should not be confused with child abuse. They have identified ways to reduce the incidents of SIDS through certain infant care practices, such as sleep position, breast feeding, and proper infant care. "Back to Sleep," a national educational campaign, recommends that all babies be placed on their backs to sleep, unless otherwise instructed by a healthcare professional. Some communities have begun "back to sleep" campaigns to alert families of this potential risk.
YOU
ARE HERE › Social Services Agency (DEP)
›
Child Abuse Reporting & Investigation
›
About Child Abuse
›
What is Not Child Abuse?
Back to Top 
