Human Services

Just about anyone who interacts with children in a professional capacity. California Law defines as mandated reporters: a teacher, instructional aide, teacher's aide or teacher's assistant, a classified employee of a school, an administrative officer or supervisor of child welfare and attendance, an administrator of public or private day camp, and administrator or employee of a private organization whose duties require direct contact with children, a physician, surgeon, psychiatrist, psychologist, dentist, a commercial film and photographer print processor, an animal control officer, a clergy member, etc.

Volunteers of public or private organization whose duties required direct contact and supervision of children are not mandated reporters, however; they are encouraged to obtain training in the identification and reporting of child abuse.

Clergy are legally mandated reporters only if they are acting in the capacity of a mandated reporter (e.g., psychologist, teacher, family marriage and child counselors) at the time they received the information that causes the suspect child abuse.

Mandated reporters must report known or reasonable suspected child abuse to San Mateo County Children and Family Services or the local police department immediately by phone and follow-up with a written report to the same agency within thirty-six hours. Employers cannot prevent you from making a report.

Suspected child abuse reporters can be made to the San Mateo County Children and Family Services Agency 800-632-4615 or your local police or sheriff departments.

Mandated reporters are required to identify themselves when making child abuse reports; persons not legally required to report may make anonymous reports.

The law provides mandated reporters with immunity from civil and criminal penalties for making reports required of them under the law..

Penalties for not reporting may include a fine and jail time as well as potential civil damages.

Children and Family Services or the appropriate police jurisdiction are responsible for investigating the referral once it is made. Removing the child from the home is an action taken only when a child cannot remain safe at home. If removal becomes necessary, the Juvenile Court has several options for placement including the non-custodial parent, relatives, foster homes and group homes, in that order. Parents should be reassured that the County's removal standards are stringent. The court will order Children and Family Services Agency, which provides child welfare services, and the parents to work together for reunification as quickly as possible. When abuse has occurred where the alleged perpetrator is not a member of the household (for example, child molested by a stranger), the law enforcement is responsible for investigating the referral. Children and Family Services will investigate to determine if the child is being protected at home. Once the agency has determined that the child is safe at home, then it may refer the family for counseling or medical care and to appropriate local community resources. A case of out-of-home abuse is generally closed by the Children and Family Services Agency and the law enforcement agency will continue the investigation.

There is no time limitation regarding the reporting of child abuse. If the victim is under 18, the abuse must be reported..

The child abuse reporting law mandates a report when there is a reasonable suspicion or knowledge that minors may be in need of protection. Therefore, childhood abuse of adults should be reported if there is a reason to believe that there may be another potential child victim.

References:

• "The California Child Abuse & Neglect Reporting Law Issues and Answers for Health Practitioners" State Department of Social Services Office of Child Abuse.
• California Juvenile Laws and Rules West Group a Thompson Company
• Guidelines for Mandated Reporters, Santa Clara Social Services Agency, Department of Family and Children's Services