Mandatory Reporting Law: California's Historical Implementation

In 1963, California passed the nation's first law requiring the reporting of instances of child abuse. Only medical professionals were mandated to report suspected physical abuse cases under this initial legislation. Since then, the term reportable child abuse and the list of those obligated to disclose it have expanded through various modifications. Today, California's Child Abuse and Neglect Reporting Act (CANRA) requires certain professionals, known as mandatory reporters, to disclose all instances of actual or suspected abuse and neglect of minors.

Child Abuse and Neglect Reporting Act (CANRA)

The Child Abuse and Neglect Reporting Act (CANRA) is a California law that requires employers, including universities, to identify Mandated Reporters and ensure they acknowledge their status and reporting obligation as a condition of employment. Mandated Reporters are defined as individuals required to report observed or suspected child abuse or neglect to designated law enforcement or social services agencies within 36 hours. This includes teachers, school administrators, social workers, healthcare workers, and law enforcement officers, among others.

Under CANRA, "child abuse" is defined as any form of cruelty to a minor's physical, moral, or mental well-being, while "child neglect" refers to the negligent treatment or maltreatment of a minor by a person responsible for their welfare. The law aims to protect children from abuse and neglect and encourages all parties involved in an investigation to consider the needs of the child victim and any psychological harm they may have suffered.

CANRA imposes penalties for failing to report child abuse or neglect. If a Mandated Reporter does not fulfil their reporting duties, they can be charged with a misdemeanour offence and face imprisonment of up to six months and/or a maximum fine of $1,000. If the failure to report results in death or great bodily injury, the penalty increases to up to one year in county jail and/or a maximum fine of $5,000.

It is important to note that Mandated Reporters are required to provide their names when making a report, but their identity is kept confidential. Reports of suspected child abuse are also confidential, and Mandated Reporters have immunity from state criminal or civil liability for reporting, even if the knowledge or suspicion of abuse was acquired outside their professional capacity.

The California Department of Education (CDE), in conjunction with the California Department of Social Services, provides guidelines and training to help individuals, especially those working in schools, identify signs of child abuse and neglect and understand their obligations as Mandated Reporters.

Who are mandatory reporters?

In California, "mandatory reporters" are categories of professionals who are required by law to report instances of actual or suspected child abuse and neglect. This law is found within the State's Child Abuse and Neglect Reporting Act (CANRA).

The statute lists over 50 different professionals that are required to report instances of actual or suspected child abuse and neglect. It does not matter whether they obtain this knowledge outside of their professional capacity. Some of these professionals include:

• Teachers, school administrators, and teacher assistants or aides
• Social workers, probation officers, or parole officers
• Doctors, physicians, surgeons, nurses, psychiatrists, psychologists, dentists, EMTs, and marriage and family therapists/counselors
• Clergy members, including priests, ministers, rabbis, and religious practitioners
• Police officers and firefighters

If a professional required to report under CANRA fails to do so, they will be charged with a misdemeanour offence and can be punished with imprisonment in a county jail for up to six months and/or a maximum fine of $1,000. If a person fails in their child abuse reporting duties and an instance of abuse or neglect leads to death or great bodily injury, they can be punished with imprisonment for up to one year in county jail and/or a maximum fine of $5,000.

What is child abuse and child neglect?

In California, the term "mandated reporter" refers to professionals who are legally required to report instances or reasonable suspicions of child abuse and neglect. This law is found within the State's Child Abuse and Neglect Reporting Act (CANRA). Mandated reporters include teachers, school administrators, social workers, probation officers, police officers, doctors, nurses, psychologists, and many others. They must make a report within 36 hours of learning or suspecting abuse or neglect to law enforcement or social services agencies. Failure to do so can result in criminal charges and penalties.

So, what constitutes child abuse and child neglect? Child abuse is defined as any form of cruelty to a child's physical, moral, or mental well-being. This includes physical, sexual, and emotional abuse. Physical abuse refers to bodily injury inflicted by non-accidental means, including willful cruelty, unjustifiable punishment, or corporal punishment. Sexual abuse involves sexual activities such as molestation, indecent exposure, fondling, rape, and incest. Emotional abuse, on the other hand, is non-physical mistreatment that results in disturbed behavior, such as severe withdrawal or hyperactivity, inflicting mental suffering, or endangering a child's emotional well-being.

Child neglect, on the other hand, is defined as the negligent treatment or maltreatment of a child by a person responsible for their welfare. This includes acts of omission, such as failing to provide necessary food, clothing, shelter, medical care, or supervision, as well as allowing a child to be in situations of harm or threatened harm. Neglect can be categorized as general neglect, where no physical injury has occurred, or severe neglect, where the child's health is endangered, including severe malnutrition.

It's important to recognize that child abuse and neglect can have serious and long-lasting impacts on a child's well-being. Therefore, mandated reporters play a crucial role in identifying and reporting potential cases to ensure the safety and protection of children.

Additionally, community members who are not mandated reporters are also encouraged to report suspected cases of child abuse or neglect to qualified agencies, such as Child Protective Services (CPS), which is the primary organization in California that intervenes in such cases.

Consequences of failing to report

California's mandatory reporting law, the Child Abuse and Neglect Reporting Act (CANRA), requires certain professionals to report instances of actual or suspected abuse or neglect of a minor. Under this law, mandatory reporters who fail to report child abuse or neglect are charged with a misdemeanour offence, which carries the following consequences:

• Imprisonment in a county jail for up to six months
• A maximum fine of $1,000

If the failure to report results in death or great bodily injury to the child, the consequences become more severe:

• Imprisonment for up to one year in a county jail
• A maximum fine of $5,000

It is important to note that mandatory reporters in California include over 50 professionals who work with children, such as teachers, school administrators, social workers, healthcare workers, and clergy members. These individuals are required by law to report suspected cases of child abuse or neglect to law enforcement or social services agencies within 36 hours of becoming aware of the situation.

The consequences of failing to report child abuse or neglect can be serious, not only in terms of legal penalties but also because they can lead to further harm or even death of the child. Therefore, it is crucial for mandatory reporters in California to understand their responsibilities and take appropriate action when necessary.

How to make a report

In California, mandatory reporting laws require specific individuals, known as "mandated reporters", to report any instances of child abuse or neglect to the relevant authorities. Mandated reporters are typically professionals who work with children or have regular contact with them. This includes teachers, school administrators, school nurses, coaches, doctors, nurses, dentists, therapists, police officers, social workers, clergy members, and more. These individuals are legally obligated to report suspected cases of child abuse or neglect within 36 hours of learning about or suspecting it. Failure to do so can result in criminal charges and penalties.

If you are a mandated reporter in California and suspect child abuse or neglect, here is a step-by-step guide on how to make a report:

• Determine if you are a mandated reporter: As mentioned, mandated reporters are typically professionals who work with children or have regular contact with them. This includes individuals in fields such as education, medicine, law enforcement, social work, and religious organisations. If you fall into any of these categories, you are likely a mandated reporter and are legally required to report suspected abuse or neglect.
• Recognise signs of abuse or neglect: Child abuse and neglect can take many forms, including physical, sexual, and emotional abuse, as well as neglect of a child's basic needs. Warning signs can include frequent injuries, unexplained bruises or cuts, anxious or fearful behaviour, inappropriate clothing, poor hygiene, frequent absences from school, and more. Recognising these signs is crucial in identifying children who may be at risk.
• Report your suspicions promptly: If you suspect child abuse or neglect, do not delay in making a report. Mandated reporters in California are required to report within 36 hours of learning about or suspecting abuse or neglect. Contact the appropriate local law enforcement agency or county child welfare agency without delay.
• Make the report over the phone, followed by a written report: Reports should be made immediately by phone and then followed up with a written report. Call your local law enforcement agency or county child welfare department, such as the police department, sheriff's department, county probation department, or county welfare department/county child protective services. They will guide you through the reporting process and provide you with the necessary forms to complete.
• Provide detailed information: When making a report, be prepared to provide as much information as possible. This includes the name and contact information of the reporter, the suspected victim, the child's parent or guardian, and the suspected abuser. Additionally, you will need to explain how you know or why you suspect that the child is being abused or neglected. Be as detailed as possible in describing the situation and any evidence that led to your suspicion.
• Follow up with your employer or school: After making the report to the appropriate authorities, you may also need to follow up with your employer or school, particularly if you are a school employee. However, note that simply reporting to a supervisor or school administrator does not fulfil your legal obligation; you must always report to law enforcement or child welfare agencies directly.

Remember, the purpose of mandatory reporting laws is to protect children and ensure their welfare. If you are a mandated reporter, take your responsibilities seriously and do not hesitate to report any suspicions of child abuse or neglect to the appropriate authorities.

Frequently asked questions