Mandated Reporters!

Nationally:
According to Child Maltreatment 2011, which provides a summary report of data from the National Child Abuse and Neglect Data System (NCANDS), approximately 3.4 million reports of suspected abuse or neglect were filed. Of these, 20% of the reports were substantiated, meaning approximately 681,000 children were found to be victims of child abuse or neglect in 2011. Of this number, the data is broken down by the type of allegation:

•      78.5 percent suffered neglect
•      17.6 percent were physically abused
•      9.1 percent were sexually abused
•      9 percent were emotionally or psychologically maltreated
•      2 percent were medically neglected

California:
According to the Child Welfare Dynamic Report System, approximately 81,238 children were found to be substantiated victims of child abuse or neglect from July 2012 to June 2013. Of this number, the data is broken down by the type of allegation:

•      67.2 percent suffered neglect
•      8.6 percent were physically abused
•      4.7 percent were sexually abused
•      7.3 percent were emotionally or psychologically maltreated

For the most recent report of data from the California Department of Social Services/University of California at Berkeley collaboration, go to http://cssr.berkeley.edu/ucb_childwelfare

CANRA stands for the Child Abuse and Neglect Reporting Act, and can be found in sections 11164-11174.3 of the California Penal Code. CANRA is a set of laws that was passed in 1980 to provide definitions and procedures for mandated reporting of child abuse. 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.

Mandated reporters are individuals who are mandated by law to report known or suspected child maltreatment. They are primarily people who have contact with 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 a local law enforcement agency (local police/sheriff’s department).

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.

For mandated reporters, Penal Code 11172(a) provides absolute immunity from state criminal or civil liability for reporting as required. This immunity applies even if the mandated reporter acquired the knowledge or reasonable suspicion of abuse or neglect outside of his or her professional capacity or scope of employment. However, mandated reporters will only have immunity under federal claims if the report was made in good faith.

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.

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.