According to Child Maltreatment 2010, the most recent report of data from the National Child Abuse and Neglect Data System (NCANDS), approximately 3.6 million reports of suspected abuse or neglect were filed. Of these, 20% of the reports were substantiated, meaning approximately 720,000 children were found to be victims of child abuse or neglect in 2009. Of this number, the data is broken down by the type of allegation:
v 78 percent suffered neglect
v 18 percent were physically abused
v 10 percent were sexually abused
v 8 percent were emotionally or psychologically maltreated
v 2 percent were medically neglected
According to the Child Welfare Dynamic Report System, the most recent report of data from the California Department of Social Services/University of California at Berkeley collaboration, (website http://cssr.berkeley.edu/ucb_childwelfare), approximately 87,000 children were found to be substantiated victims of child abuse or neglect from July 2009 to June 2010. Of this number, the data is broken down by the type of allegation:
v 62 percent suffered neglect
v 19 percent were physically abused
v 9 percent were sexually abused
v 10 percent were emotionally or psychologically maltreated
CANRA stands for the Child Abuse and Neglect Reporting Act, which is part of the California Penal Code. The complete definition of CANRA can be found beginning in section 11164 of the Penal Code. CANRA is a set of laws that were passed in 1974. Over the years, numerous amendments have expanded the definition of child abuse and the persons required to report.
The primary intent of the reporting law is to protect the child from abuse and neglect. However, a report of suspected child abuse or neglect may also present an opportunity to provide help for the family. Parents who are under stress may be unable to ask for help directly, and may not know where or how to access support/help. A report of suspected abuse or neglect may be the catalyst for bringing about change in the home environment, which in turn may help to lower the risk of abuse or neglect in the home.
A mandated reporter is someone who encounters children through their employment. Mandated reporters are required by the state of California to report any known or suspected instances of child abuse or neglect to the county child welfare department or to local law enforcement agency (local police/sheriff’s department).
Though everyone should report child abuse, a number of professionals must report abuse or be held liable by law. The specific positions are listed in California Penal Code section 11165.7. Professions include but are not limited to:
An instructional aide
A teacher’s aide or assistant at public or private school
An employee of public school
An administrative officer or supervisor of child welfare and attendance of any school
An administrator of day camp, public or private
An administrator or employee of a public or private youth center, youth recreation program, or youth organization
An administrator or employee of any organization whose duties require direct contact and supervision of children
Any employee of the state or county education system whose duties bring them into contact with children on a regular basis
A licensee, administrator, or employee of a licensed community care or child day care facility
A Head Start program teacher
A licensing worker or licensing evaluator
A public assistance worker
An employee of a child care institution including foster parents, group home personnel, and personnel of residential care facilities
A social worker, probation officer, or parole officer
An employee of a school district police or security department
Any person who works in a child abuse prevention program in any school
A district attorney investigator, inspector, or local child support agency caseworker
A peace officer
A firefighter (except volunteers)
A physician, surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage, family and child counselor, clinical social worker
Any EMT, paramedic, or other certified person
A psychological assistant
A marriage, family, and child therapist trainee
An unlicensed marriage, family, and child therapist intern
A state or county public health employee
A medical examiner or anyone who performs autopsies
A commercial film and photo processor
A child visitation monitor
An animal control officer or humane society officer
A clergy member or religious practitioner
A custodian of records of a clergy member
Any employee of any police department, county sheriff’s department, county probation department, or county welfare department
An employee or volunteer of a Court Appointed Special Advocate program
An alcohol or drug counselor
No proof of abuse or neglect is needed, only “reasonable suspicion” that child abuse or neglect may have occurred. If you are at all concerned about the possibility of abuse or neglect, you should report. Investigations will be conducted by law enforcement and/or the county child welfare department to determine if abuse or neglect has occurred. Delayed reporting while awaiting further information may hinder investigation by the appropriate agencies.
Mandated reporters must report to a county child welfare department or to local law enforcement (police or sheriff’s department) immediately by phone. A written report must then be sent within 36 hours by fax, or it may be sent by electronic submission, if a secure system has been made available for that purpose in your county. Written reports must be submitted on the California Suspected Child Abuse Report Form 8572. This form can be downloaded at http://ag.ca.gov/childabuse/pdf/ss_8572.pdf.
No. Mandated reporters must identify themselves to the county child welfare department when making child abuse or neglect reports. However, persons who are not legally mandated may make anonymous reports.
The law enforcement officer and/or county child welfare worker investigating the case will have your name in order to contact you about the report. Other professionals involved in the case, such as detectives, and attorneys will have access to your name as well. However, your identity cannot be disclosed to the family or anyone else not directly involved in the investigation of the case. If your case results in a trial and you are required to testify, your identity may be revealed in court.
You are not legally required to notify the parents that you are making a report. However, it may be beneficial to let the parents know you are reporting for the benefit of a future relationship.
No. Telling a supervisor does not meet the mandated reporting requirement. If a decision is made that the supervisor will complete and submit the report to the county child welfare department or law enforcement agency, then one report is sufficient.
You must still make a report to the county child welfare department or local law enforcement. If the supervisor disagrees, the individual with the original suspicion must report.
As long as a child abuse or neglect report is made in good faith, the mandated reporter is legally protected from civil or criminal lawsuits. Any legally mandated reporter has immunity when making a report. No individual can be dismissed, disciplined or harassed for making a report of suspected child abuse.
Legally mandated reporters can be criminally liable for failing to report suspected abuse or neglect. The penalty for this misdemeanor is up to six months in jail and/or up to a $1,000 fine. Mandated reporters can also be subject to a civil lawsuit, and found liable for damages, especially if the child-victim or another child is further victimized because of the failure to report.
The majority of cases do not go to trial. When they do, and the professional may be required to testify, it is important to remember that the testimony may be essential for the protection of the child.
This varies somewhat from county to county. If the county child welfare department determines that children must be removed from the home, they may be temporarily placed with an approved relative or in a licensed foster care home or facility depending on the county. If a child is removed, the case must be presented to a judge within 72 hours to determine if the removal is necessary or appropriate pending the rest of the investigation.
After a report is filed, the county child welfare department or local law enforcement agency investigates the allegations.
These agencies are also required to cross report suspected child abuse or neglect cases to each other.
The county child welfare department or law enforcement agency investigation will result in one of three outcomes.
Only substantiated reports of child abuse and severe neglect must be forwarded to the Department of Justice. The county child welfare department will determine if children need to be removed from the home or if services need to be offered to the parents or caregivers. Law enforcement agencies may also pursue criminal prosecution.
Yes. Mandated reporters may take photos or obtain x-rays without parental consent, but only for purposes of documenting or investigating child abuse or neglect.