Who is a mandatory reporter in california

Community members have an important role in protecting children from abuse and neglect. While not mandated by law to do so, if child abuse or neglect is suspected, a report should be filed with qualified and experienced agencies that will investigate the situation.

Examples of these agencies are listed below. Parents and guardians of pupils have the right to file a complaint against anyone they suspect has engaged in abuse or neglect of a child. Community members do not need to provide their name when making a report of child abuse or neglect. School volunteers, while not mandated reporters, should also be encouraged to report any suspected cases of abuse and neglect. Additionally, school volunteers are highly encouraged by the law to have training in the identification and reporting of child abuse and neglect.

The training offered online to mandated reporters, is equally available to school volunteers. The list is extensive and continues to grow. All persons hired into positions included on the list of mandated reporters are required, upon employment, to be provided with a statement, informing them that they are a mandated reporter and their obligations to report suspected cases of abuse and neglect pursuant to California Penal Code Section All persons who are mandated reporters are required, by law, to report all known or suspected cases of child abuse or neglect.

It is not the job of the mandated reporter to determine whether the allegations are valid. No supervisor or administrator can impede or inhibit a report or subject the reporting person to any sanction. To make a report, an employee must contact an appropriate local law enforcement or county child welfare agency, listed below.

This legal obligation is not satisfied by making a report of the incident to a supervisor or to the school. An appropriate law enforcement agency may be one of the following:. The report should be made immediately over the telephone and should be followed up in writing. The law enforcement agency has special forms for this purpose that they will ask you to complete. If a report cannot be made immediately over the telephone, then an initial report may be made via e-mail or fax. A report may also be filed at the same time with your school district or county office of education COE.

School districts and COEs, however, do not investigate child abuse allegations, nor do they attempt to contact the person suspected of child abuse or neglect. School districts and COEs may have additional policies adopted at the local level relating to the duties of mandated reporters. School staff should consult with their district to determine if there are additional steps that must be taken.

These policies do not take the place of reporting to an appropriate local law enforcement or county child welfare agency. Currently, the California Child Abuse and Neglect Reporting Law, originally adopted in , identifies certain individuals as mandated reporters of child abuse and neglect. It strongly encourages employers to provide their employees who are mandated reporters with training in these duties. Recent legislation has pushed to classify more individuals as mandated reporters and to require that more organizations offer training.

Because of this, it's important for employers to stay abreast of these legislative updates and have a plan in place to ensure their team has the training they need.

This groundbreaking legislation will help protect Not sure what Mandated Reporter Training solution is right for you? Simple Learning System. Simple Learning Systems. Find your solution. Online Training. Custom LMS. Accessibility Settings. Select Language. Adjust Font Size Normal font size button. High Contrast. Here is an overview of the mandated reporter training requirements in California: AB Requires Training for Businesses that Hire Teens In January , CA Assembly Bill took effect making human resources employees and some supervisors mandated reporters of child abuse.

AB Requires Training for Teachers and School Personnel In , CA Assembly Bill went into effect, requiring California school districts to annually train mandated reporters on their child abuse reporting obligations under the law.

Training requirements under AB include: Annually train employees and persons working on their behalf who are mandated reporters under the Child Abuse and Neglect Reporting Act CANRA on their abuse and neglect reporting requirements. Train new employees and persons working on their behalf who are mandated reporters within six 6 weeks of each person's employment. Develop a process for all persons required to receive training under the law to provide proof of completing this training within the first six 6 weeks of each school year or within six 6 weeks of that person's employment.

AB Requires Training for Day Care Providers and Employees In January , AB went into effect, requiring training and guidance on the responsibilities of mandated reporters who are licensed daycare providers, administrators and employees of licensed daycare facilities, and applicants for that license.

Related articles. Employers , Training. Read More. Find the perfect product with the help of our team. Get a personalized recommendation on the right mandated reporter training solution for you. Subscribe to our newsletter and get the latest online learning resources sent to you. Sign me up. 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. After a report is filed, the county child welfare department or local law enforcement agency investigates the allegations. These agencies are also required to cross report suspected child abuse or neglect cases to each other. The county child welfare department or law enforcement agency investigation will result in one of three outcomes. Only substantiated reports of child abuse and severe neglect must be forwarded to the Department of Justice.

The county child welfare department will determine if children need to be removed from the home or if services need to be offered to the parents or caregivers. Law enforcement agencies may also pursue criminal prosecution. For mandated reporters, Penal Code 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. 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. 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. Legally mandated reporters can be criminally liable for failing to report suspected abuse or neglect.

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. Of this number, the data is broken down by the type of allegation:. According to the Child Welfare Dynamic Report System, approximately 81, children were found to be substantiated victims of child abuse or neglect from July to June If you suspect that a child is in danger of abuse or neglect, report it.