“Mandated Reporters” in California – A 5-Minute Legal Guide

Under California’s Child Abuse and Neglect Reporting Act (CANRA), mandatory reporters must make an initial telephonic report as soon as practically possible. They then must make their written report within 36 hours of learning of – or suspecting – the child abuse and/or neglect.

The report must include such information as:

• the name, title, and contact information of the reporter,
• the information that gave rise to the reporter’s reasonable suspicion of abuse,
• the child’s name, address, present location, and school information,
• the names and addresses of the parents or guardians, and
• the name, address, and telephone number of the person(s) suspected of the abuse or neglect.

Mandatory reporters who do not make a required report under CANRA face a misdemeanor charge carrying:

• up to 6 months in county jail and/or
• a maximum fine of $1,000.

However, if the abuse or neglect leads to death or great bodily injury, a willful failure to report carries an increased sentence of:

• up to 1 year in county jail and/or
• a maximum fine of $5,000.

A common defense to failure to report is that no reasonable person in the mandatory reporter‘s position would have suspected that child abuse or neglect occurred.

In this article, our California criminal defense attorneys discuss the following topics re. mandatory reporters:

• Who must report?
• What is child abuse and neglect?
• Additional Resources

Who must report?

California’s Child Abuse and Neglect Reporting Act (CANRA) lists more than 50 different professionals who are required to report instances of actual or suspected abuse or neglect of a minor. Some of these include:

• a teacher,
• an instructional aide,
• a teacher’s aide or teacher’s assistant employed by a public or private school,
• certain school personnel such as a classified employee of a public school
• an administrator or employee of a public or private youth center, youth recreation program or youth organization,
• a Head Start program teacher,
• a public assistance worker,
• an employee of a daycare institution or community care facility,
• an administrator of a public or private day camp,
• a social worker, probation officer, or parole officer,
• an employee of a school district police or security department,
• a police officer at any local law enforcement agency,
• peace officers,
• employees of a protective service or law enforcement agency,
• commercial film & photographic print processors,
• a firefighter, except for volunteer firefighters,
• healthcare workers such as a doctor/physician and surgeon, nurse, psychiatrist, psychologist, dentist, resident, intern, chiropractor, mental health professionals, EMTs, and marriage and family therapist/counselor,
• paramedics,
• foster parents,
• medical examiners,
• custodians for child care, elder care, or dependent care,
• long-term healthcare facility employees,
• a child visitation monitor, and
• a clergy member, including a priest, minister, rabbi, and religious practitioner.

Mandatory reporters must report child abuse or neglect even if they learn of it outside of their professional capacity.

Furthermore, mandatory reporters cannot report anonymously. Though if the report turns out to be wrong, mandated reporters have immunity from criminal and civil liability under state law.

(People who are not mandatory reporters can report abuse anonymously.)⁵

CANRA’s purpose is to promote child welfare and child abuse prevention.

What is child abuse and neglect?

As discussed below, what constitutes child abuse or neglect is laid out in both:

• CANRA and
• the California Penal Code.

Child Abuse and Neglect under CANRA

“Child neglect” is the negligent treatment or the maltreatment of a minor (under 18) by a person responsible for their welfare. The includes both acts and omissions (failures to act) on the part of the responsible person.

“Child abuse” is any form of cruelty to a minor’s physical, moral or mental well-being.

Some examples of child abuse and neglect under CANRA include:

• sexual abuse,
• emotional abuse,
• willful harming or injuring of a child,
• production of child pornography,
• unlawful corporal punishment,
• domestic violence,
• physical abuse of a child, and
• death inflicted by other than accidental means.

Note that in 2014, the California Legislature passed Assembly Bill 1775. This law requires mandated reporters to report to the authorities if they know or suspect that someone has downloaded, streamed, or assessed any child pornography on the internet.²

Any person – not just parents – can be guilty of child abuse.

Abuse and Neglect under California’s Penal Code

Child Neglect

Per California Penal Code 270 PC, child neglect occurs when the parent willfully and unlawfully fails to furnish their minor child necessary:

• clothing,
• food,
• shelter,
• medical attendance, or
• other remedial care.

A related section — California Penal Code 270.1(a) PC — makes it a crime for a parent to fail to monitor and enforce a child’s school attendance.

Violating 270 PC or 270.1(a) PC is a misdemeanor, punishable by:

• up to 1 year in county jail and/or
• a maximum fine of $2,000.³

Child Abuse

Per California Penal Code 273(d) PC, child abuse is imposing physical injury or cruel punishment on a minor. Examples include:

• slapping a minor hard enough to leave a mark,
• punching a teenage boy for staying out too late, and
• hitting a minor with a belt harder than is reasonable in order to discipline her.

Child abuse is a wobbler, meaning it can be charged as either a misdemeanor or a felony. As a misdemeanor, child abuse carries:

• up to 1 year in county jail and/or
• a maximum fine of $6,000.

As a felony, child abuse carries:

• 2, 4, or 6 years in jail and/or
• a maximum fine of $6,000.⁴

Mandatory reporters who fail to report face criminal charges in California.