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Child Abuse and Neglect

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

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Child Abuse and Neglect

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  1. Child Abuse and Neglect Coun 150 – Laws Relating to Children Richard M. Cartier Class 6 – Pages 103-161

  2. The duty to report . . . • Mandated reporters • Must report reasonably suspected physical or sexual child abuse • May report emotional abuse

  3. Penalties for failing to report • Criminal • Fine • Jail • Loss of license • Civil – a suit for money damages

  4. 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.

  5. Child Protective Services • Responsibilities • No duty to intervene • Limited tort liability (immunity) • Systemic problems • Wrongful removal

  6. 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

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