Understanding California Child Abuse Reporting Laws and Responsibilities
This document outlines the laws and responsibilities related to the reporting of child abuse and neglect in California. It details the categories of mandated reporters, the obligations to report suspected physical or sexual abuse, and the penalties for failing to report. The text discusses the role of Child Protective Services, the concepts of neglect and cruelty, and provisions from the Adoption and Safe Families Act of 1997, including the termination of parental rights when reunification efforts fail.
Understanding California Child Abuse Reporting Laws and Responsibilities
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Presentation Transcript
Child Abuse and Neglect Coun 150 – Laws Relating to Children Richard M. Cartier Class 6 – Pages 103-161
The duty to report . . . • Mandated reporters • Must report reasonably suspected physical or sexual child abuse • May report emotional abuse
Penalties for failing to report • Criminal • Fine • Jail • Loss of license • Civil – a suit for money damages
Reporting Laws in California • Penal Code § 11165 • Child abuse • Willful cruelty or unjustifiable punishment • Sexual assault • Severe neglect • General neglect • Compare Patterns of Neglect – p. 109 et seq.
Child Protective Services • Responsibilities • No duty to intervene • Limited tort liability (immunity) • Systemic problems • Wrongful removal
Reunification • The “reasonable efforts” requirement • The Adoption and Safe Families Act of 1997 • Requires states to terminate parental rights if the child cannot be returned home • Terminating parental rights
