11164-11174.3
PENAL CODE
SECTION 11164-11174.3
11164. (a) This article shall be known and may be cited as the
Child Abuse and Neglect Reporting Act.
(b) The intent and purpose of this article is to protect children
from abuse and neglect. In any investigation of suspected child abuse
or neglect, all persons participating in the investigation of the
case shall consider the needs of the child victim and shall do
whatever is necessary to prevent psychological harm to the child
victim.
11165. As used in this article "child" means a person under the age
of 18 years.
11165.1. As used in this article, "sexual abuse" means sexual
assault or sexual exploitation as defined by the following:
(a) "Sexual assault" means conduct in violation of one or more of
the following sections: Section 261 (rape), subdivision (d) of
Section 261.5 (statutory rape), 264.1 (rape in concert), 285
(incest), 286 (sodomy), subdivision (a) or (b), or paragraph (1) of
subdivision (c) of Section 288 (lewd or lascivious acts upon a
child), 288a (oral copulation), 289 (sexual penetration), or 647.6
(child molestation).
(b) Conduct described as "sexual assault" includes, but is not
limited to, all of the following:
(1) Any penetration, however slight, of the vagina or anal opening
of one person by the penis of another person, whether or not there
is the emission of semen.
(2) Any sexual contact between the genitals or anal opening of one
person and the mouth or tongue of another person.
(3) Any intrusion by one person into the genitals or anal opening
of another person, including the use of any object for this purpose,
except that, it does not include acts performed for a valid medical
purpose.
(4) The intentional touching of the genitals or intimate parts
(including the breasts, genital area, groin, inner thighs, and
buttocks) or the clothing covering them, of a child, or of the
perpetrator by a child, for purposes of sexual arousal or
gratification, except that, it does not include acts which may
reasonably be construed to be normal caretaker responsibilities;
interactions with, or demonstrations of affection for, the child; or
acts performed for a valid medical purpose.
(5) The intentional masturbation of the perpetrator's genitals in
the presence of a child.
(c) "Sexual exploitation" refers to any of the following:
(1) Conduct involving matter depicting a minor engaged in obscene
acts in violation of Section 311.2 (preparing, selling, or
distributing obscene matter) or subdivision (a) of Section 311.4
(employment of minor to perform obscene acts).
(2) Any person who knowingly promotes, aids, or assists, employs,
uses, persuades, induces, or coerces a child, or any person
responsible for a child's welfare, who knowingly permits or
encourages a child to engage in, or assist others to engage in,
prostitution or a live performance involving obscene sexual conduct,
or to either pose or model alone or with others for purposes of
preparing a film, photograph, negative, slide, drawing, painting, or
other pictorial depiction, involving obscene sexual conduct. For the
purpose of this section, "person responsible for a child's welfare"
means a parent, guardian, foster parent, or a licensed administrator
or employee of a public or private residential home, residential
school, or other residential institution.
(3) Any person who depicts a child in, or who knowingly develops,
duplicates, prints, or exchanges, any film, photograph, video tape,
negative, or slide in which a child is engaged in an act of obscene
sexual conduct, except for those activities by law enforcement and
prosecution agencies and other persons described in subdivisions (c)
and (e) of Section 311.3.
11165.2. As used in this article, "neglect" means the negligent
treatment or the maltreatment of a child by a person responsible for
the child's welfare under circumstances indicating harm or threatened
harm to the child's health or welfare. The term includes both acts
and omissions on the part of the responsible person.
(a) "Severe neglect" means the negligent failure of a person
having the care or custody of a child to protect the child from
severe malnutrition or medically diagnosed nonorganic failure to
thrive. "Severe neglect" also means those situations of neglect where
any person having the care or custody of a child willfully causes or
permits the person or health of the child to be placed in a
situation such that his or her person or health is endangered, as
proscribed by Section 11165.3, including the intentional failure to
provide adequate food, clothing, shelter, or medical care.
(b) "General neglect" means the negligent failure of a person
having the care or custody of a child to provide adequate food,
clothing, shelter, medical care, or supervision where no physical
injury to the child has occurred.
For the purposes of this chapter, a child receiving treatment by
spiritual means as provided in Section 16509.1 of the Welfare and
Institutions Code or not receiving specified medical treatment for
religious reasons, shall not for that reason alone be considered a
neglected child. An informed and appropriate medical decision made by
parent or guardian after consultation with a physician or physicians
who have examined the minor does not constitute neglect.
11165.3. As used in this article, "the willful harming or injuring
of a child or the endangering of the person or health of a child,"
means a situation in which any person willfully causes or permits any
child to suffer, or inflicts thereon, unjustifiable physical pain or
mental suffering, or having the care or custody of any child,
willfully causes or permits the person or health of the child to be
placed in a situation in which his or her person or health is
endangered.
11165.4. As used in this article, "unlawful corporal punishment or
injury" means a situation where any person willfully inflicts upon
any child any cruel or inhuman corporal punishment or injury
resulting in a traumatic condition. It does not include an amount of
force that is reasonable and necessary for a person employed by or
engaged in a public school to quell a disturbance threatening
physical injury to person or damage to property, for purposes of
self-defense, or to obtain possession of weapons or other dangerous
objects within the control of the pupil, as authorized by Section
49001 of the Education Code. It also does not include the exercise of
the degree of physical control authorized by Section 44807 of the
Education Code. It also does not include an injury caused by
reasonable and necessary force used by a peace officer acting within
the course and scope of his or her employment as a peace officer.
11165.5. As used in this article, the term "abuse or neglect in
out-of-home care" includes physical injury or death inflicted upon a
child by another person by other than accidental means, sexual abuse
as defined in Section 11165.1, neglect as defined in Section 11165.2,
unlawful corporal punishment or injury as defined in Section
11165.4, or the willful harming or injuring of a child or the
endangering of the person or health of a child, as defined in Section
11165.3, where the person responsible for the child's welfare is a
licensee, administrator, or employee of any facility licensed to care
for children, or an administrator or employee of a public or private
school or other institution or agency. "Abuse or neglect in
out-of-home care" does not include an injury caused by reasonable and
necessary force used by a peace officer acting within the course and
scope of his or her employment as a peace officer.
11165.6. As used in this article, the term "child abuse or neglect"
includes physical injury or death inflicted by other than accidental
means upon a child by another person, sexual abuse as defined in
Section 11165.1, neglect as defined in Section 11165.2, the willful
harming or injuring of a child or the endangering of the person or
health of a child, as defined in Section 11165.3, and unlawful
corporal punishment or injury as defined in Section 11165.4. "Child
abuse or neglect" does not include a mutual affray between minors.
"Child abuse or neglect" does not include an injury caused by
reasonable and necessary force used by a peace officer acting within
the course and scope of his or her employment as a peace officer.
11165.7. (a) As used in this article, "mandated reporter" is
defined as any of the following:
(1) A teacher.
(2) An instructional aide.
(3) A teacher's aide or teacher's assistant employed by any public
or private school.
(4) A classified employee of any public school.
(5) An administrative officer or supervisor of child welfare and
attendance, or a certificated pupil personnel employee of any public
or private school.
(6) An administrator of a public or private day camp.
(7) An administrator or employee of a public or private youth
center, youth recreation program, or youth organization.
(8) An administrator or employee of a public or private
organization whose duties require direct contact and supervision of
children.
(9) Any employee of a county office of education or the State
Department of Education, whose duties bring the employee into contact
with children on a regular basis.
(10) A licensee, an administrator, or an employee of a licensed
community care or child day care facility.
(11) A Head Start program teacher.
(12) A licensing worker or licensing evaluator employed by a
licensing agency as defined in Section 11165.11.
(13) A public assistance worker.
(14) An employee of a child care institution, including, but not
limited to, foster parents, group home personnel, and personnel of
residential care facilities.
(15) A social worker, probation officer, or parole officer.
(16) An employee of a school district police or security
department.
(17) Any person who is an administrator or presenter of, or a
counselor in, a child abuse prevention program in any public or
private school.
(18) A district attorney investigator, inspector, or local child
support agency caseworker unless the investigator, inspector, or
caseworker is working with an attorney appointed pursuant to Section
317 of the Welfare and Institutions Code to represent a minor.
(19) A peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, who is not otherwise described in
this section.
(20) A firefighter, except for volunteer firefighters.
(21) A physician, surgeon, psychiatrist, psychologist, dentist,
resident, intern, podiatrist, chiropractor, licensed nurse, dental
hygienist, optometrist, marriage, family and child counselor,
clinical social worker, or any other person who is currently licensed
under Division 2 (commencing with Section 500) of the Business and
Professions Code.
(22) Any emergency medical technician I or II, paramedic, or other
person certified pursuant to Division 2.5 (commencing with Section
1797) of the Health and Safety Code.
(23) A psychological assistant registered pursuant to Section 2913
of the Business and Professions Code.
(24) A marriage, family, and child therapist trainee, as defined
in subdivision (c) of Section 4980.03 of the Business and Professions
Code.
(25) An unlicensed marriage, family, and child therapist intern
registered under Section 4980.44 of the Business and Professions
Code.
(26) A state or county public health employee who treats a minor
for venereal disease or any other condition.
(27) A coroner.
(28) A medical examiner, or any other person who performs
autopsies.
(29) A commercial film and photographic print processor, as
specified in subdivision (e) of Section 11166. As used in this
article, "commercial film and photographic print processor" means any
person who develops exposed photographic film into negatives,
slides, or prints, or who makes prints from negatives or slides, for
compensation. The term includes any employee of such a person; it
does not include a person who develops film or makes prints for a
public agency.
(30) A child visitation monitor. As used in this article, "child
visitation monitor" means any person who, for financial compensation,
acts as monitor of a visit between a child and any other person when
the monitoring of that visit has been ordered by a court of law.
(31) An animal control officer or humane society officer. For the
purposes of this article, the following terms have the following
meanings:
(A) "Animal control officer" means any person employed by a city,
county, or city and county for the purpose of enforcing animal
control laws or regulations.
(B) "Humane society officer" means any person appointed or
employed by a public or private entity as a humane officer who is
qualified pursuant to Section 14502 or 14503 of the Corporations
Code.
(32) A clergy member, as specified in subdivision (d) of Section
11166. As used in this article, "clergy member" means a priest,
minister, rabbi, religious practitioner, or similar functionary of a
church, temple, or recognized denomination or organization.
(33) Any custodian of records of a clergy member, as specified in
this section and subdivision (d) of Section 11166.
(34) Any employee of any police department, county sheriff's
department, county probation department, or county welfare
department.
(35) An employee or volunteer of a Court Appointed Special
Advocate program, as defined in Rule 1424 of the California Rules of
Court.
(36) A custodial officer as defined in Section 831.5.
(37) Any person providing services to a minor child under Section
12300 or 12300.1 of the Welfare and Institutions Code.
(38) An alcohol and drug counselor. As used in this article, an
"alcohol and drug counselor" is a person providing counseling,
therapy, or other clinical services for a state licensed or certified
drug, alcohol, or drug and alcohol treatment program. However,
alcohol or drug abuse, or both alcohol and drug abuse, is not in and
of itself a sufficient basis for reporting child abuse or neglect.
(b) Except as provided in paragraph (35) of subdivision (a),
volunteers of public or private organizations whose duties require
direct contact with and supervision of children are not mandated
reporters but are encouraged to obtain training in the identification
and reporting of child abuse and neglect and are further encouraged
to report known or suspected instances of child abuse or neglect to
an agency specified in Section 11165.9.
(c) Employers are strongly encouraged to provide their employees
who are mandated reporters with training in the duties imposed by
this article. This training shall include training in child abuse and
neglect identification and training in child abuse and neglect
reporting. Whether or not employers provide their employees with
training in child abuse and neglect identification and reporting, the
employers shall provide their employees who are mandated reporters
with the statement required pursuant to subdivision (a) of Section
11166.5.
(d) School districts that do not train their employees specified
in subdivision (a) in the duties of mandated reporters under the
child abuse reporting laws shall report to the State Department of
Education the reasons why this training is not provided.
(e) Unless otherwise specifically provided, the absence of
training shall not excuse a mandated reporter from the duties imposed
by this article.
(f) Public and private organizations are encouraged to provide
their volunteers whose duties require direct contact with and
supervision of children with training in the identification and
reporting of child abuse and neglect.
11165.9. Reports of suspected child abuse or neglect shall be made
by mandated reporters, or in the case of reports pursuant to Section
11166.05, may be made, to any police department or sheriff's
department, not including a school district police or security
department, county probation department, if designated by the county
to receive mandated reports, or the county welfare department. Any of
those agencies shall accept a report of suspected child abuse or
neglect whether offered by a mandated reporter or another person, or
referred by another agency, even if the agency to whom the report is
being made lacks subject matter or geographical jurisdiction to
investigate the reported case, unless the agency can immediately
electronically transfer the call to an agency with proper
jurisdiction. When an agency takes a report about a case of suspected
child abuse or neglect in which that agency lacks jurisdiction, the
agency shall immediately refer the case by telephone, fax, or
electronic transmission to an agency with proper jurisdiction.
Agencies that are required to receive reports of suspected child
abuse or neglect may not refuse to accept a report of suspected child
abuse or neglect from a mandated reporter or another person unless
otherwise authorized pursuant to this section, and shall maintain a
record of all reports received.
11165.11. As used in this article, "licensing agency" means the
State Department of Social Services office responsible for the
licensing and enforcement of the California Community Care Facilities
Act (Chapter 3 (commencing with Section 1500) of Division 2 of the
Health and Safety Code), the California Child Day Care Act (Chapter
3.4 (commencing with Section 1596.70) of Division 2 of the Health and
Safety Code), and Chapter 3.5 (commencing with Section 1596.90) of
Division 2 of the Health and Safety Code), or the county licensing
agency which has contracted with the state for performance of those
duties.
11165.12. As used in this article, the following definitions shall
control:
(a) "Unfounded report" means a report that is determined by the
investigator who conducted the investigation to be false, to be
inherently improbable, to involve an accidental injury, or not to
constitute child abuse or neglect, as defined in Section 11165.6.
(b) "Substantiated report" means a report that is determined by
the investigator who conducted the investigation to constitute child
abuse or neglect, as defined in Section 11165.6, based upon evidence
that makes it more likely than not that child abuse or neglect, as
defined, occurred.
(c) "Inconclusive report" means a report that is determined by the
investigator who conducted the investigation not to be unfounded,
but the findings are inconclusive and there is insufficient evidence
to determine whether child abuse or neglect, as defined in Section
11165.6, has occurred.
11165.13. For purposes of this article, a positive toxicology
screen at the time of the delivery of an infant is not in and of
itself a sufficient basis for reporting child abuse or neglect.
However, any indication of maternal substance abuse shall lead to an
assessment of the needs of the mother and child pursuant to Section
123605 of the Health and Safety Code. If other factors are present
that indicate risk to a child, then a report shall be made. However,
a report based on risk to a child which relates solely to the
inability of the parent to provide the child with regular care due to
the parent's substance abuse shall be made only to a county welfare
or probation department, and not to a law enforcement agency.
11165.14. The appropriate local law enforcement agency shall
investigate a child abuse complaint filed by a parent or guardian of
a pupil with a school or an agency specified in Section 11165.9
against a school employee or other person that commits an act of
child abuse, as defined in this article, against a pupil at a
schoolsite and shall transmit a substantiated report, as defined in
Section 11165.12, of that investigation to the governing board of the
appropriate school district or county office of education. A
substantiated report received by a governing board of a school
district or county office of education shall be subject to the
provisions of Section 44031 of the Education Code.
11166. (a) Except as provided in subdivision (d), and in Section
11166.05, a mandated reporter shall make a report to an agency
specified in Section 11165.9 whenever the mandated reporter, in his
or her professional capacity or within the scope of his or her
employment, has knowledge of or observes a child whom the mandated
reporter knows or reasonably suspects has been the victim of child
abuse or neglect. The mandated reporter shall make an initial report
to the agency immediately or as soon as is practicably possible by
telephone and the mandated reporter shall prepare and send, fax, or
electronically transmit a written followup report thereof within 36
hours of receiving the information concerning the incident. The
mandated reporter may include with the report any nonprivileged
documentary evidence the mandated reporter possesses relating to the
incident.
(1) For purposes of this article, "reasonable suspicion" means
that it is objectively reasonable for a person to entertain a
suspicion, based upon facts that could cause a reasonable person in a
like position, drawing, when appropriate, on his or her training and
experience, to suspect child abuse or neglect. "Reasonable suspicion"
does not require certainty that child abuse or neglect has occurred
nor does it require a specific medical indication of child abuse or
neglect; any "reasonable suspicion" is sufficient. For the purpose of
this article, the pregnancy of a minor does not, in and of itself,
constitute a basis for a reasonable suspicion of sexual abuse.
(2) The agency shall be notified and a report shall be prepared
and sent, faxed, or electronically transmitted even if the child has
expired, regardless of whether or not the possible abuse was a factor
contributing to the death, and even if suspected child abuse was
discovered during an autopsy.
(3) Any report made by a mandated reporter pursuant to this
section shall be known as a mandated report.
(b) If after reasonable efforts a mandated reporter is unable to
submit an initial report by telephone, he or she shall immediately or
as soon as is practicably possible, by fax or electronic
transmission, make a one-time automated written report on the form
prescribed by the Department of Justice, and shall also be available
to respond to a telephone followup call by the agency with which he
or she filed the report. A mandated reporter who files a one-time
automated written report because he or she was unable to submit an
initial report by telephone is not required to submit a written
followup report.
(1) The one-time automated written report form prescribed by the
Department of Justice shall be clearly identifiable so that it is not
mistaken for a standard written followup report. In addition, the
automated one-time report shall contain a section that allows the
mandated reporter to state the reason the initial telephone call was
not able to be completed. The reason for the submission of the
one-time automated written report in lieu of the procedure prescribed
in subdivision (a) shall be captured in the Child Welfare
Services/Case Management System (CWS/CMS). The department shall work
with stakeholders to modify reporting forms and the CWS/CMS as is
necessary to accommodate the changes enacted by these provisions.
(2) This subdivision shall not become operative until the CWS/CMS
is updated to capture the information prescribed in this subdivision.
(3) This subdivision shall become inoperative three years after
this subdivision becomes operative or on January 1, 2009, whichever
occurs first.
(4) On the inoperative date of these provisions, a report shall be
submitted to the counties and the Legislature by the Department of
Social Services that reflects the data collected from automated
one-time reports indicating the reasons stated as to why the
automated one-time report was filed in lieu of the initial telephone
report.
(5) Nothing in this section shall supersede the requirement that a
mandated reporter first attempt to make a report via telephone, or
that agencies specified in Section 11165.9 accept reports from
mandated reporters and other persons as required.
(c) Any mandated reporter who fails to report an incident of known
or reasonably suspected child abuse or neglect as required by this
section is guilty of a misdemeanor punishable by up to six months
confinement in a county jail or by a fine of one thousand dollars
($1,000) or by both that imprisonment and fine. If a mandated
reporter intentionally conceals his or her failure to report an
incident known by the mandated reporter to be abuse or severe neglect
under this section, the failure to report is a continuing offense
until an agency specified in Section 11165.9 discovers the offense.
(d) (1) A clergy member who acquires knowledge or a reasonable
suspicion of child abuse or neglect during a penitential
communication is not subject to subdivision (a). For the purposes of
this subdivision, "penitential communication" means a communication,
intended to be in confidence, including, but not limited to, a
sacramental confession, made to a clergy member who, in the course of
the discipline or practice of his or her church, denomination, or
organization, is authorized or accustomed to hear those
communications, and under the discipline, tenets, customs, or
practices of his or her church, denomination, or organization, has a
duty to keep those communications secret.
(2) Nothing in this subdivision shall be construed to modify or
limit a clergy member's duty to report known or suspected child abuse
or neglect when the clergy member is acting in some other capacity
that would otherwise make the clergy member a mandated reporter.
(3) (A) On or before January 1, 2004, a clergy member or any
custodian of records for the clergy member may report to an agency
specified in Section 11165.9 that the clergy member or any custodian
of records for the clergy member, prior to January 1, 1997, in his or
her professional capacity or within the scope of his or her
employment, other than during a penitential communication, acquired
knowledge or had a reasonable suspicion that a child had been the
victim of sexual abuse that the clergy member or any custodian of
records for the clergy member did not previously report the abuse to
an agency specified in Section 11165.9. The provisions of Section
11172 shall apply to all reports made pursuant to this paragraph.
(B) This paragraph shall apply even if the victim of the known or
suspected abuse has reached the age of majority by the time the
required report is made.
(C) The local law enforcement agency shall have jurisdiction to
investigate any report of child abuse made pursuant to this paragraph
even if the report is made after the victim has reached the age of
majority.
(e) Any commercial film and photographic print processor who has
knowledge of or observes, within the scope of his or her professional
capacity or employment, any film, photograph, videotape, negative,
or slide depicting a child under the age of 16 years engaged in an
act of sexual conduct, shall report the instance of suspected child
abuse to the law enforcement agency having jurisdiction over the case
immediately, or as soon as practicably possible, by telephone and
shall prepare and send, fax, or electronically transmit a written
report of it with a copy of the film, photograph, videotape,
negative, or slide attached within 36 hours of receiving the
information concerning the incident. As used in this subdivision,
"sexual conduct" means any of the following:
(1) Sexual intercourse, including genital-genital, oral-genital,
anal-genital, or oral-anal, whether between persons of the same or
opposite sex or between humans and animals.
(2) Penetration of the vagina or rectum by any object.
(3) Masturbation for the purpose of sexual stimulation of the
viewer.
(4) Sadomasochistic abuse for the purpose of sexual stimulation of
the viewer.
(5) Exhibition of the genitals, pubic, or rectal areas of any
person for the purpose of sexual stimulation of the viewer.
(f) Any mandated reporter who knows or reasonably suspects that
the home or institution in which a child resides is unsuitable for
the child because of abuse or neglect of the child shall bring the
condition to the attention of the agency to which, and at the same
time as, he or she makes a report of the abuse or neglect pursuant to
subdivision (a).
(g) Any other person who has knowledge of or observes a child whom
he or she knows or reasonably suspects has been a victim of child
abuse or neglect may report the known or suspected instance of child
abuse or neglect to an agency specified in Section 11165.9. For
purposes of this section, "any other person" includes a mandated
reporter who acts in his or her private capacity and not in his or
her professional capacity or within the scope of his or her
employment.
(h) When two or more persons, who are required to report, jointly
have knowledge of a known or suspected instance of child abuse or
neglect, and when there is agreement among them, the telephone report
may be made by a member of the team selected by mutual agreement and
a single report may be made and signed by the selected member of the
reporting team. Any member who has knowledge that the member
designated to report has failed to do so shall thereafter make the
report.
(i) (1) The reporting duties under this section are individual,
and no supervisor or administrator may impede or inhibit the
reporting duties, and no person making a report shall be subject to
any sanction for making the report. However, internal procedures to
facilitate reporting and apprise supervisors and administrators of
reports may be established provided that they are not inconsistent
with this article.
(2) The internal procedures shall not require any employee
required to make reports pursuant to this article to disclose his or
her identity to the employer.
(3) Reporting the information regarding a case of possible child
abuse or neglect to an employer, supervisor, school principal, school
counselor, coworker, or other person shall not be a substitute for
making a mandated report to an agency specified in Section 11165.9.
(j) A county probation or welfare department shall immediately, or
as soon as practicably possible, report by telephone, fax, or
electronic transmission to the law enforcement agency having
jurisdiction over the case, to the agency given the responsibility
for investigation of cases under Section 300 of the Welfare and
Institutions Code, and to the district attorney's office every known
or suspected instance of child abuse or neglect, as defined in
Section 11165.6, except acts or omissions coming within subdivision
(b) of Section 11165.2, or reports made pursuant to Section 11165.13
based on risk to a child which relates solely to the inability of the
parent to provide the child with regular care due to the parent's
substance abuse, which shall be reported only to the county welfare
or probation department. A county probation or welfare department
also shall send, fax, or electronically transmit a written report
thereof within 36 hours of receiving the information concerning the
incident to any agency to which it makes a telephone report under
this subdivision.
(k) A law enforcement agency shall immediately, or as soon as
practicably possible, report by telephone, fax, or electronic
transmission to the agency given responsibility for investigation of
cases under Section 300 of the Welfare and Institutions Code and to
the district attorney's office every known or suspected instance of
child abuse or neglect reported to it, except acts or omissions
coming within subdivision (b) of Section 11165.2, which shall be
reported only to the county welfare or probation department. A law
enforcement agency shall report to the county welfare or probation
department every known or suspected instance of child abuse or
neglect reported to it which is alleged to have occurred as a result
of the action of a person responsible for the child's welfare, or as
the result of the failure of a person responsible for the child's
welfare to adequately protect the minor from abuse when the person
responsible for the child's welfare knew or reasonably should have
known that the minor was in danger of abuse. A law enforcement agency
also shall send, fax, or electronically transmit a written report
thereof within 36 hours of receiving the information concerning the
incident to any agency to which it makes a telephone report under
this subdivision.
11166.01. (a) Except as provided in subdivision (b), any supervisor
or administrator who violates paragraph (1) of subdivision (i) of
Section 11166 shall be punished by not more than six months in a
county jail, by a fine of not more than one thousand dollars
($1,000), or by both that fine and imprisonment.
(b) Notwithstanding Section 11162 or subdivision (c) of Section
11166, any mandated reporter who willfully fails to report abuse or
neglect, or any person who impedes or inhibits a report of abuse or
neglect, in violation of this article, where that abuse or neglect
results in death or great bodily injury, shall be punished by not
more than one year in a county jail, by a fine of not more than five
thousand dollars ($5,000), or by both that fine and imprisonment.
11166.05. Any mandated reporter who has knowledge of or who
reasonably suspects that a child is suffering serious emotional
damage or is at a substantial risk of suffering serious emotional
damage, evidenced by states of being or behavior, including, but not
limited to, severe anxiety, depression, withdrawal, or untoward
aggressive behavior toward self or others, may make a report to an
agency specified in Section 11165.9.
11166.1. (a) When an agency receives a report pursuant to Section
11166 that contains either of the following, it shall, within 24
hours, notify the licensing office with jurisdiction over the
facility:
(1) A report of abuse alleged to have occurred in facilities
licensed to care for children by the State Department of Social
Services.
(2) A report of the death of a child who was, at the time of
death, living at, enrolled in, or regularly attending a facility
licensed to care for children by the State Department of Social
Services, unless the circumstances of the child's death are clearly
unrelated to the child's care at the facility.
The agency shall send the licensing agency a copy of its
investigation and any other pertinent materials.
(b) Any employee of an agency specified in Section 11165.9 who has
knowledge of, or observes in his or her professional capacity or
within the scope of his or her employment, a child in protective
custody whom he or she knows or reasonably suspects has been the
victim of child abuse or neglect shall, within 36 hours, send or have
sent to the attorney who represents the child in dependency court, a
copy of the report prepared in accordance with Section 11166. The
agency shall maintain a copy of the written report. All information
requested by the attorney for the child or the child's guardian ad
litem shall be provided by the agency within 30 days of the request.
11166.2. In addition to the reports required under Section 11166,
any agency specified in Section 11165.9 shall immediately or as soon
as practically possible report by telephone, fax, or electronic
transmission to the appropriate licensing agency every known or
suspected instance of child abuse or neglect when the instance of
abuse or neglect occurs while the child is being cared for in a child
day care facility, involves a child day care licensed staff person,
or occurs while the child is under the supervision of a community
care facility or involves a community care facility licensee or staff
person. The agency shall also send, fax, or electronically transmit
a written report thereof within 36 hours of receiving the information
concerning the incident to any agency to which it makes a telephone
report under this subdivision. The agency shall send the licensing
agency a copy of its investigation report and any other pertinent
materials.
11166.3. (a) The Legislature intends that in each county the law
enforcement agencies and the county welfare or probation department
shall develop and implement cooperative arrangements in order to
coordinate existing duties in connection with the investigation of
suspected child abuse or neglect cases. The local law enforcement
agency having jurisdiction over a case reported under Section 11166
shall report to the county welfare or probation department that it is
investigating the case within 36 hours after starting its
investigation. The county welfare department or probation department
shall, in cases where a minor is a victim of actions specified in
Section 288 of this code and a petition has been filed pursuant to
Section 300 of the Welfare and Institutions Code with regard to the
minor, evaluate what action or actions would be in the best interest
of the child victim. Notwithstanding any other provision of law, the
county welfare department or probation department shall submit in
writing its findings and the reasons therefor to the district
attorney on or before the completion of the investigation. The
written findings and the reasons therefor shall be delivered or made
accessible to the defendant or his or her counsel in the manner
specified in Section 859.
(b) The local law enforcement agency having jurisdiction over a
case reported under Section 11166 shall report to the district office
of the State Department of Social Services any case reported under
this section if the case involves a facility specified in paragraph
(5) or (6) of subdivision (a) of Section 1502, Section 1596.750 or
1596.76 of the Health and Safety Code, and the licensing of the
facility has not been delegated to a county agency. The law
enforcement agency shall send a copy of its investigation report and
any other pertinent materials to the licensing agency upon the
request of the licensing agency.
11166.5. (a) On and after January 1, 1985, any mandated reporter as
specified in Section 11165.7, with the exception of child visitation
monitors, prior to commencing his or her employment, and as a
prerequisite to that employment, shall sign a statement on a form
provided to him or her by his or her employer to the effect that he
or she has knowledge of the provisions of Section 11166 and will
comply with those provisions. The statement shall inform the employee
that he or she is a mandated reporter and inform the employee of his
or her reporting obligations under Section 11166 and of his or her
confidentiality rights under subdivision (d) of Section 11167. The
employer shall provide a copy of Sections 11165.7, 11166, and 11167
to the employee.
On and after January 1, 1993, any person who acts as a child
visitation monitor, as defined in paragraph (30) of subdivision (a)
of Section 11165.7, prior to engaging in monitoring the first visit
in a case, shall sign a statement on a form provided to him or her by
the court which ordered the presence of that third person during the
visit, to the effect that he or she has knowledge of the provisions
of Section 11166 and will comply with those provisions.
The signed statements shall be retained by the employer or the
court, as the case may be. The cost of printing, distribution, and
filing of these statements shall be borne by the employer or the
court.
This subdivision is not applicable to persons employed by public
or private youth centers, youth recreation programs, and youth
organizations as members of the support staff or maintenance staff
and who do not work with, observe, or have knowledge of children as
part of their official duties.
(b) On and after January 1, 1986, when a person is issued a state
license or certificate to engage in a profession or occupation, the
members of which are required to make a report pursuant to Section
11166, the state agency issuing the license or certificate shall send
a statement substantially similar to the one contained in
subdivision (a) to the person at the same time as it transmits the
document indicating licensure or certification to the person. In
addition to the requirements contained in subdivision (a), the
statement also shall indicate that failure to comply with the
requirements of Section 11166 is a misdemeanor, punishable by up to
six months in a county jail, by a fine of one thousand dollars
($1,000), or by both that imprisonment and fine.
(c) As an alternative to the procedure required by subdivision
(b), a state agency may cause the required statement to be printed on
all application forms for a license or certificate printed on or
after January 1, 1986.
(d) On and after January 1, 1993, any child visitation monitor, as
defined in paragraph (30) of subdivision (a) of Section 11165.7, who
desires to act in that capacity shall have received training in the
duties imposed by this article, including training in child abuse
identification and child abuse reporting. The person, prior to
engaging in monitoring the first visit in a case, shall sign a
statement on a form provided to him or her by the court which ordered
the presence of that third person during the visit, to the effect
that he or she has received this training. This statement may be
included in the statement required by subdivision (a) or it may be a
separate statement. This statement shall be filed, along with the
statement required by subdivision (a), in the court file of the case
for which the visitation monitoring is being provided.
(e) Any person providing services to a minor child, as described
in paragraph (37) of subdivision (a) of Section 11165.7, shall not be
required to make a report pursuant to Section 11166 unless that
person has received training, or instructional materials in the
appropriate language, on the duties imposed by this article,
including identifying and reporting child abuse and neglect.
11167. (a) Reports of suspected child abuse or neglect pursuant to
Section 11166 or Section 11166.05 shall include the name, business
address, and telephone number of the mandated reporter; the capacity
that makes the person a mandated reporter; and the information that
gave rise to the reasonable suspicion of child abuse or neglect and
the source or sources of that information. If a report is made, the
following information, if known, shall also be included in the
report: the child's name, the child's address, present location, and,
if applicable, school, grade, and class; the names, addresses, and
telephone numbers of the child's parents or guardians; and the name,
address, telephone number, and other relevant personal information
about the person or persons who might have abused or neglected the
child. The mandated reporter shall make a report even if some of this
information is not known or is uncertain to him or her.
(b) Information relevant to the incident of child abuse or neglect
and information relevant to a report made pursuant to Section
11166.05 may be given to an investigator from an agency that is
investigating the known or suspected case of child abuse or neglect.
(c) Information relevant to the incident of child abuse or
neglect, including the investigation report and other pertinent
materials, and information relevant to a report made pursuant to
Section 11166.05 may be given to the licensing agency when it is
investigating a known or suspected case of child abuse or neglect.
(d) (1) The identity of all persons who report under this article
shall be confidential and disclosed only among agencies receiving or
investigating mandated reports, to the prosecutor in a criminal
prosecution or in an action initiated under Section 602 of the
Welfare and Institutions Code arising from alleged child abuse, or to
counsel appointed pursuant to subdivision (c) of Section 317 of the
Welfare and Institutions Code, or to the county counsel or prosecutor
in a proceeding under Part 4 (commencing with Section 7800) of
Division 12 of the Family Code or Section 300 of the Welfare and
Institutions Code, or to a licensing agency when abuse or neglect in
out-of-home care is reasonably suspected, or when those persons waive
confidentiality, or by court order.
(2) No agency or person listed in this subdivision shall disclose
the identity of any person who reports under this article to that
person's employer, except with the employee's consent or by court
order.
(e) Notwithstanding the confidentiality requirements of this
section, a representative of a child protective services agency
performing an investigation that results from a report of suspected
child abuse or neglect made pursuant to Section 11166 or Section
11166.05, at the time of the initial contact with the individual who
is subject to the investigation, shall advise the individual of the
complaints or allegations against him or her, in a manner that is
consistent with laws protecting the identity of the reporter under
this article.
(f) Persons who may report pursuant to subdivision (g) of Section
11166 are not required to include their names.
11167.5. (a) The reports required by Sections 11166 and 11166.2, or
authorized by Section 11166.05, and child abuse or neglect
investigative reports that result in a summary report being filed
with the Department of Justice pursuant to subdivision (a) of Section
11169 shall be confidential and may be disclosed only as provided in
subdivision (b). Any violation of the confidentiality provided by
this article is a misdemeanor punishable by imprisonment in a county
jail not to exceed six months, by a fine of five hundred dollars
($500), or by both that imprisonment and fine.
(b) Reports of suspected child abuse or neglect and information
contained therein may be disclosed only to the following:
(1) Persons or agencies to whom disclosure of the identity of the
reporting party is permitted under Section 11167.
(2) Persons or agencies to whom disclosure of information is
permitted under subdivision (b) of Section 11170 or subdivision (a)
of Section 11170.5.
(3) Persons or agencies with whom investigations of child abuse or
neglect are coordinated under the regulations promulgated under
Section 11174.
(4) Multidisciplinary personnel teams as defined in subdivision
(d) of Section 18951 of the Welfare and Institutions Code.
(5) Persons or agencies responsible for the licensing of
facilities which care for children, as specified in Section 11165.7.
(6) The State Department of Social Services or any county
licensing agency which has contracted with the state, as specified in
paragraph (4) of subdivision (b) of Section 11170, when an
individual has applied for a community care license or child day care
license, or for employment in an out-of-home care facility, or when
a complaint alleges child abuse or neglect by an operator or employee
of an out-of-home care facility.
(7) Hospital scan teams. As used in this paragraph, "hospital scan
team" means a team of three or more persons established by a
hospital, or two or more hospitals in the same county, consisting of
health care professionals and representatives of law enforcement and
child protective services, the members of which are engaged in the
identification of child abuse or neglect. The disclosure authorized
by this section includes disclosure among all hospital scan teams.
(8) Coroners and medical examiners when conducting a post mortem
examination of a child.
(9) The Board of Parole Hearings, which may subpoena an employee
of a county welfare department who can provide relevant evidence and
reports that both (A) are not unfounded, pursuant to Section
11165.12, and (B) concern only the current incidents upon which
parole revocation proceedings are pending against a parolee charged
with child abuse or neglect. The reports and information shall be
confidential pursuant to subdivision (d) of Section 11167.
(10) Personnel from an agency responsible for making a placement
of a child pursuant to Section 361.3 of, and Article 7 (commencing
with Section 305) of Chapter 2 of Part 1 of Division 2 of, the
Welfare and Institutions Code.
(11) Persons who have been identified by the Department of Justice
as listed in the Child Abuse Central Index pursuant to paragraph (7)
of subdivision (b) of Section 11170 or subdivision (c) of Section
11170, or persons who have verified with the Department of Justice
that they are listed in the Child Abuse Central Index as provided in
subdivision (f) of Section 11170. Disclosure under this paragraph is
required notwithstanding the California Public Records Act, Chapter
3.5 (commencing with Section 6250) of Division 7 of Title 1 of the
Government Code. Nothing in this paragraph shall preclude a
submitting agency prior to disclosure from redacting any information
necessary to maintain confidentiality as required by law.
(12) Out-of-state law enforcement agencies conducting an
investigation of child abuse or neglect only when an agency makes the
request for reports of suspected child abuse or neglect in writing
and on official letterhead, or as designated by the Department of
Justice, identifying the suspected abuser or victim by name and date
of birth or approximate age. The request shall be signed by the
department supervisor of the requesting law enforcement agency. The
written request shall cite the out-of-state statute or interstate
compact provision that requires that the information contained within
these reports is to be disclosed only to law enforcement,
prosecutorial entities, or multidisciplinary investigative teams, and
shall cite the safeguards in place to prevent unlawful disclosure
provided by the requesting state or the applicable interstate compact
provision.
(13) Out-of-state agencies responsible for approving prospective
foster or adoptive parents for placement of a child only when the
agency makes the request in compliance with the Adam Walsh Child
Protection and Safety Act of 2006 (Public Law 109-248). The request
shall also cite the safeguards in place to prevent unlawful
disclosure provided by the requesting state or the applicable
interstate compact provision and indicate that the requesting state
shall maintain continual compliance with the requirement in paragraph
(20) of subdivision (a) of Section 671 of Title 42 of the United
States Code that requires the state have in place safeguards to
prevent the unauthorized disclosure of information in any child abuse
and neglect registry maintained by the state and prevent the
information from being used for a purpose other than the conducting
of background checks in foster or adoptive placement cases.
(14) Each chairperson of a county child death review team, or his
or her designee, to whom disclosure of information is permitted under
this article, relating to the death of one or more children and any
prior child abuse or neglect investigation reports maintained
involving the same victim, siblings, or suspects. Local child death
review teams may share any relevant information regarding case
reviews involving child death with other child death review teams.
(c) Authorized persons within county health departments shall be
permitted to receive copies of any reports made by health
practitioners, as defined in paragraphs (21) to (28), inclusive, of
subdivision (a) of Section 11165.7, and pursuant to Section 11165.13,
and copies of assessments completed pursuant to Sections 123600 and
123605 of the Health and Safety Code, to the extent permitted by
federal law. Any information received pursuant to this subdivision is
protected by subdivision (e).
(d) Nothing in this section requires the Department of Justice to
disclose information contained in records maintained under Section
11170 or under the regulations promulgated pursuant to Section 11174,
except as otherwise provided in this article.
(e) This section shall not be interpreted to allow disclosure of
any reports or records relevant to the reports of child abuse or
neglect if the disclosure would be prohibited by any other provisions
of state or federal law applicable to the reports or records
relevant to the reports of child abuse or neglect.
11168. The written reports required by Section 11166 shall be
submitted on forms adopted by the Department of Justice after
consultation with representatives of the various professional medical
associations and hospital associations and county probation or
welfare departments. Those forms shall be distributed by the agencies
specified in Section 11165.9.
11169. (a) An agency specified in Section 11165.9 shall forward to
the Department of Justice a report in writing of every case it
investigates of known or suspected child abuse or severe neglect
which is determined not to be unfounded, other than cases coming
within subdivision (b) of Section 11165.2. An agency shall not
forward a report to the Department of Justice unless it has conducted
an active investigation and determined that the report is not
unfounded, as defined in Section 11165.12. If a report has previously
been filed which subsequently proves to be unfounded, the Department
of Justice shall be notified in writing of that fact and shall not
retain the report. The reports required by this section shall be in a
form approved by the Department of Justice and may be sent by fax or
electronic transmission. An agency specified in Section 11165.9
receiving a written report from another agency specified in Section
11165.9 shall not send that report to the Department of Justice.
(b) At the time an agency specified in Section 11165.9 forwards a
report in writing to the Department of Justice pursuant to
subdivision (a), the agency shall also notify in writing the known or
suspected child abuser that he or she has been reported to the Child
Abuse Central Index. The notice required by this section shall be in
a form approved by the Department of Justice. The requirements of
this subdivision shall apply with respect to reports forwarded to the
department on or after the date on which this subdivision becomes
operative.
(c) Agencies shall retain child abuse or neglect investigative
reports that result in a report filed with the Department of Justice
pursuant to subdivision (a) for the same period of time that the
information is required to be maintained on the Child Abuse Central
Index pursuant to this section and subdivision (a) of Section 11170.
Nothing in this section precludes an agency from retaining the
reports for a longer period of time if required by law.
(d) The immunity provisions of Section 11172 shall not apply to
the submission of a report by an agency pursuant to this section.
However, nothing in this section shall be construed to alter or
diminish any other immunity provisions of state or federal law.
11170. (a) (1) The Department of Justice shall maintain an index of
all reports of child abuse and severe neglect submitted pursuant to
Section 11169. The index shall be continually updated by the
department and shall not contain any reports that are determined to
be unfounded. The department may adopt rules governing recordkeeping
and reporting pursuant to this article.
(2) The department shall act only as a repository of reports of
suspected child abuse and severe neglect to be maintained in the
Child Abuse Central Index pursuant to paragraph (1). The submitting
agencies are responsible for the accuracy, completeness, and
retention of the reports described in this section. The department
shall be responsible for ensuring that the Child Abuse Central Index
accurately reflects the report it receives from the submitting
agency.
(3) Information from an inconclusive or unsubstantiated report
filed pursuant to subdivision (a) of Section 11169 shall be deleted
from the Child Abuse Central Index after 10 years if no subsequent
report concerning the same suspected child abuser is received within
that time period. If a subsequent report is received within that
10-year period, information from any prior report, as well as any
subsequently filed report, shall be maintained on the Child Abuse
Central Index for a period of 10 years from the time the most recent
report is received by the department.
(b) (1) The Department of Justice shall immediately notify an
agency that submits a report pursuant to Section 11169, or a
prosecutor who requests notification, of any information maintained
pursuant to subdivision (a) that is relevant to the known or
suspected instance of child abuse or severe neglect reported by the
agency. The agency shall make that information available to the
reporting health care practitioner who is treating a person reported
as a possible victim of known or suspected child abuse. The agency
shall make that information available to the reporting child
custodian, Child Abuse Prevention and Treatment Act (CAPTA) guardian
ad litem appointed under Rule 5.662 of the California Rules of Court,
or counsel appointed under Section 317 or 318 of the Welfare and
Institutions Code, or the appropriate licensing agency, if he or she
or the licensing agency is handling or investigating a case of known
or suspected child abuse or severe neglect.
(2) When a report is made pursuant to subdivision (a) of Section
11166, or Section 11166.05, the investigating agency, upon completion
of the investigation or after there has been a final disposition in
the matter, shall inform the person required or authorized to report
of the results of the investigation and of any action the agency is
taking with regard to the child or family.
(3) The Department of Justice shall make available to a law
enforcement agency, county welfare department, or county probation
department that is conducting a child abuse investigation relevant
information contained in the index.
(4) The department shall make available to the State Department of
Social Services, or to any county licensing agency that has
contracted with the state for the performance of licensing duties, or
to a tribal court or tribal child welfare agency of a tribe or
consortium of tribes that has entered into an agreement with the
state pursuant to Section 10553.1 of the Welfare and Institutions
Code, information regarding a known or suspected child abuser
maintained pursuant to this section and subdivision (a) of Section
11169 concerning any person who is an applicant for licensure or any
adult who resides or is employed in the home of an applicant for
licensure or who is an applicant for employment in a position having
supervisorial or disciplinary power over a child or children, or who
will provide 24-hour care for a child or children in a residential
home or facility, pursuant to Section 1522.1 or 1596.877 of the
Health and Safety Code, or Section 8714, 8802, 8912, or 9000 of the
Family Code.
(5) The Department of Justice shall make available to a Court
Appointed Special Advocate program that is conducting a background
investigation of an applicant seeking employment with the program or
a volunteer position as a Court Appointed Special Advocate, as
defined in Section 101 of the Welfare and Institutions Code,
information contained in the index regarding known or suspected child
abuse by the applicant.
(6) For purposes of child death review, the Department of Justice
shall make available to the chairperson, or the chairperson's
designee, for each county child death review team, or the State Child
Death Review Council, information maintained in the Child Abuse
Central Index pursuant to subdivision (a) relating to the death of
one or more children and any prior child abuse or neglect
investigation reports maintained involving the same victims,
siblings, or suspects. Local child death review teams may share any
relevant information regarding case reviews involving child death
with other child death review teams.
(7) The department shall make available to investigative agencies
or probation officers, or court investigators acting pursuant to
Section 1513 of the Probate Code, responsible for placing children or
assessing the possible placement of children pursuant to Article 6
(commencing with Section 300), Article 7 (commencing with Section
305), Article 10 (commencing with Section 360), or Article 14
(commencing with Section 601) of Chapter 2 of Part 1 of Division 2 of
the Welfare and Institutions Code, Article 2 (commencing with
Section 1510) or Article 3 (commencing with Section 1540) of Chapter
1 of Part 2 of Division 4 of the Probate Code, information regarding
a known or suspected child abuser contained in the index concerning
any adult residing in the home where the child may be placed, when
this information is requested for purposes of ensuring that the
placement is in the best interest of the child. Upon receipt of
relevant information concerning child abuse or neglect investigation
reports contained in the index from the Department of Justice
pursuant to this subdivision, the agency or court investigator shall
notify, in writing, the person listed in the Child Abuse Central
Index that he or she is in the index. The notification shall include
the name of the reporting agency and the date of the report.
(8) The Department of Justice shall make available to a government
agency conducting a background investigation pursuant to Section
1031 of the Government Code of an applicant seeking employment as a
peace officer, as defined in Section 830, information regarding a
known or suspected child abuser maintained pursuant to this section
concerning the applicant.
(9) The Department of Justice shall make available to a county
child welfare agency or delegated county adoption agency, as defined
in Section 8515 of the Family Code, conducting a background
investigation, or a government agency conducting a background
investigation on behalf of one of those agencies, information
regarding a known or suspected child abuser maintained pursuant to
this section and subdivision (a) of Section 11169 concerning any
applicant seeking employment or volunteer status with the agency who,
in the course of his or her employment or volunteer work, will have
direct contact with children who are alleged to have been, are at
risk of, or have suffered, abuse or neglect.
(10) (A) Persons or agencies, as specified in subdivision (b), if
investigating a case of known or suspected child abuse or neglect, or
the State Department of Social Services or any county licensing
agency pursuant to paragraph (4), or a Court Appointed Special
Advocate program conducting a background investigation for employment
or volunteer candidates pursuant to paragraph (5), or an
investigative agency, probation officer, or court investigator
responsible for placing children or assessing the possible placement
of children pursuant to paragraph (7), or a government agency
conducting a background investigation of an applicant seeking
employment as a peace officer pursuant to paragraph (8), or a county
child welfare agency or delegated county adoption agency conducting a
background investigation of an applicant seeking employment or
volunteer status who, in the course of his or her employment or
volunteer work, will have direct contact with children who are
alleged to have been, are at risk of, or have suffered, abuse or
neglect, pursuant to paragraph (9), to whom disclosure of any
information maintained pursuant to subdivision (a) is authorized, are
responsible for obtaining the original investigative report from the
reporting agency, and for drawing independent conclusions regarding
the quality of the evidence disclosed, and its sufficiency for making
decisions regarding investigation, prosecution, licensing, placement
of a child, employment or volunteer positions with a CASA program,
or employment as a peace officer.
(B) If Child Abuse Central Index information is requested by an
agency for the temporary placement of a child in an emergency
situation pursuant to Article 7 (commencing with Section 305) of
Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions
Code, the department is exempt from the requirements of Section
1798.18 of the Civil Code if compliance would cause a delay in
providing an expedited response to the agency's inquiry and if
further delay in placement may be detrimental to the child.
(11) (A) Whenever information contained in the Department of
Justice files is furnished as the result of an application for
employment or licensing or volunteer status pursuant to paragraph
(4), (5), (8), or (9), the Department of Justice may charge the
person or entity making the request a fee. The fee shall not exceed
the reasonable costs to the department of providing the information.
The only increase shall be at a rate not to exceed the legislatively
approved cost-of-living adjustment for the department. In no case
shall the fee exceed fifteen dollars ($15).
(B) All moneys received by the department pursuant to this section
to process trustline applications for