California School’s Duty to Report Abuse
California School’s Duty to Report Abuse
According to the California Child Abuse and Neglect Reporting Act there are 39 classifications of “mandated reporters.” They range from teachers, to instructional aides, classified employees of any public school, office administrators and coaches.
As the holder of a credential, certificate or permit that authorizes one to work with or observe children, a person is required to report every instance of child abuse or suspected abuse.
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The only people who may be exempt from this rule are volunteers. According to the law, a victim of this type of abuse may be any person under the age of 18 and the perpetrator can be any person, including a child. Abuse that must legally be reported includes any suspicious physical injury that was not caused by a mutual affray between minors, sexual abuse and willful harming or injuring of a child’s person or mind.
A mandated reporter must report their suspicions to a Child Protective Agency or police department immediately, or as soon as reasonably possible,
by telephone and submit a written report to the agency within 36 hours. Failure to report in California is a misdemeanor and is punishable by up to six months in jail and/or a fine of $1,000. However, if death or severe bodily injury results from the abuse, the mandated reporter will be found guilty of a misdemeanor punishable by no more than one year in county jail and/or a fine that does not exceed $5,000. A mandated reporter who fails to report may also be found civilly liable for damages. ABOUT THE AUTHOR: Estey & Bomberger LLP Estey & Bomberger, LLP is San Diego's top personal injury law firm. We specialize in auto accidents, child molestation and dangerous consumer and medical devices. Last year our firm helped accident victims collect over $100 million in personal injury settlements. next
According to the California Child Abuse and Neglect Reporting Act there are 39 classifications of “mandated reporters.” They range from teachers, to instructional aides, classified employees of any public school, office administrators and coaches.
As the holder of a credential, certificate or permit that authorizes one to work with or observe children, a person is required to report every instance of child abuse or suspected abuse.
next
The only people who may be exempt from this rule are volunteers. According to the law, a victim of this type of abuse may be any person under the age of 18 and the perpetrator can be any person, including a child. Abuse that must legally be reported includes any suspicious physical injury that was not caused by a mutual affray between minors, sexual abuse and willful harming or injuring of a child’s person or mind.
A mandated reporter must report their suspicions to a Child Protective Agency or police department immediately, or as soon as reasonably possible,
by telephone and submit a written report to the agency within 36 hours. Failure to report in California is a misdemeanor and is punishable by up to six months in jail and/or a fine of $1,000. However, if death or severe bodily injury results from the abuse, the mandated reporter will be found guilty of a misdemeanor punishable by no more than one year in county jail and/or a fine that does not exceed $5,000. A mandated reporter who fails to report may also be found civilly liable for damages. ABOUT THE AUTHOR: Estey & Bomberger LLP Estey & Bomberger, LLP is San Diego's top personal injury law firm. We specialize in auto accidents, child molestation and dangerous consumer and medical devices. Last year our firm helped accident victims collect over $100 million in personal injury settlements. next



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