Child Abuse Reporting Frequently Asked Questions

Under California Welfare and Institutions Code Section 300(a), reasonable and age-appropriate spanking to the buttocks where there is no evidence of serious physical injury does not constitute abuse.  However, if the discipline is excessive or forceful enough to leave injuries, physical abuse has occurred.  The use of instruments increases the likelihood of injuries, as does the excessive punishment of young children.  The intent of the law is not to interfere with appropriate parental discipline, but to respond to discipline which is extreme or abusive. Some parents hit their children in places where injuries are not visible (the buttocks, thighs, back) and the mandated reporter has been made aware that belts, cords, or other potentially dangerous objects were used.  If a mandated reporter has reasonable suspicion of abuse, even with no visible signs, you are required to report. 

Neglect is when the caregiver has the resources, but chooses not to provide for that need.  Poverty is when the caregiver does not have the resources to provide for the needs of the children they care for.  For more information about supportive services related to the prevention or intervention of child abuse and neglect, check out the services provided through the Strong Families Alliance of Alameda County.

California law includes any public or private organizations, including the self-employed, and administrators or employees whose duties require direct contact and supervision of children.  Also, please refer to the full list provided within the CANRA at Penal Code Section 11165.7.

There is no time limitation regarding the reporting of child abuse.  If a victim is still under the age of 18, the abuse must be reported.

The child abuse reporting law mandates a report when there is a reasonable suspicion or knowledge that minors may be in need of protection.  Therefore childhood abuse of adults should be reported IF there is a reasonable suspicion that there may currently be another child victim.

Domestic Violence (DV) refers to violence within the home regardless of relationship. 

Intimate Partner Violence (IPV) refers to violence between partners who are intimate. 

If a child witnesses violence in their home, or is aware of the aftermath (injured parent, broken furniture, holes in walls), a report should be made.  Awareness of domestic violence or intimate partner violence can be psychologically harmful to children. In addition, a child could get physically hurt if caught in the middle of an altercation.  Domestic violence also raises the risk for child abuse.  If a person is violent towards another person in the home, it raises the risk that person will also abuse children in that home.  If a child discloses DV or IPV that may have occurred in the past but is not currently happening, report it so that a determination regarding possible intervention can be made.

All children are at risk of abuse, but infants and toddlers are most likely to sustain serious injuries due to their fragility.  The mortality rate is the highest for children 0-2.  Some people are predisposed to incorrect ideas about abuse, depending on the age of the child.  Sexual abuse of infants is more difficult to fathom than sexual abuse of an older child, yet it does occur.  Adolescents are also at risk of abuse but may not receive needed help because they may be thought to provoke the abuse or to be better able to protect themselves or run away from abusive situations.  Despite their age and size, adolescents are often just as vulnerable as younger children to physical abuse, sexual abuse, emotional abuse, and neglect. 

Although emotional abuse is hard to prove, it is still reportable.  Yet, it is a component of all types of child abuse.  The hallmark for emotional abuse is a sudden change in behavior.  A child’s behavior could change for many reasons such as loss of a pet, divorce in the family, or falling out with a friend, which makes this a difficult form of abuse to diagnose.  Anytime a child wants to hurt, harm, or injure themselves or others, there is a cause to be concerned that the child’s adverse emotional behavior is due to a caregiver’s actions or inaction.

Under California law, there is no specified age when a child can be left home alone.  For some families, it is a financial necessity.  However, parents have to use extreme caution and good judgement and should create a safety plan that a child can use in the case of an emergency.  It is important the child knows the answers to questions such as:  If an emergency happens and you are home alone, who would you call, how would you call, and how would you know you are safe?

Yes.  Clergy, including those who are custodians of records, are legally mandated reporters if they gain knowledge or reasonable suspicion of suspected child abuse unless the clergy member receives this information during a penitential communication. For more information about this mandate, please visit the Child Welfare Information Gateway.

In California, the mandated reporting law specifically states that reporting is required when the reporter has knowledge of or observes child abuse in his or her professional capacity or within the scope of his or her employment.  A report is not required when information is obtained through a personal relationship. However, professionals with any knowledge of child abuse or neglect should examine their moral and ethical responsibilities to their community and its children when making such a decision. 

Mandated Reporters MUST identify themselves when making suspected child abuse reports.  This enables documentation that mandated reporters fulfilled their reporting requirements.  It also allows for Mandated Reporters to follow up after a report is made and check the status of their report.  Once investigations are completed, Mandated Reporters may receive communication regarding the disposition of their report.  

Yes.  When a person has a suspicion of abuse or neglect of a child, but not within your professional capacity or if you are a community member, you are a non-mandated reporter.  A non-mandated reporter is any person who has knowledge of, observes, or reasonably suspects abuse and reports it without being obligated to do so.  Non-mandated reporters can make a report anonymously, and there is no penalty to non-mandated reporters for not reporting.

According to Penal Code Section 11166(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.

There is no law or regulation regarding this question and good professional judgement should be used.  If a child is in imminent danger and the perpetrator has access to the child, it may be better not to advise anyone in the family so that the child is not coerced or instructed to retract the disclosure.

Third party reporting is required if the third party has a reasonable suspicion that child abuse occurred and cannot verify a report on that child was already made.  CFS prefers to hear from the person who has first-hand knowledge of the suspected abuse.

Child Welfare staff in the County of Alameda do not provide consultation.  If you are unsure about making a report, consult with your mandated reporter governing body and/or your peers and supervisor.  If you need clarification of the law or want to request Mandated Reporter training, contact the Child Abuse Prevention Services Coordinator at 510-780-8689 or email alamedacapc@acgov.org.

Mandated reporting is an individual responsibility.  If your superior tells you to make a report and you disagree, they are to file the suspected child abuse report based on their reasonable suspicion.  Remember, the responsibility to report remains with the individual who suspects abuse.

No.  Truancy, in and of itself, is not considered child abuse.  It is a School Attendance Review Board (SARB) matter to investigate.

Volunteers, with the exception of Court Appointed Special Advocates (CASA), are not mandated reporters.  Volunteers, like any non-mandated reporter, may make a report and are considered discretionary reporters.  Volunteers have the right of filing a confidential report and do not have to disclose their identity or contact information when making a report.  If a mandated reporter gains information from the volunteer that leads to a reasonable suspicion of suspected child abuse, then they are obligated to file a report. However, CFS prefers to hear directly from the person who has first-hand knowledge of the suspected abuse.

Mandated reporters, according to Penal Code Section 11172(a), risk both criminal and civil liability for failure to report.  If a mandated reporter fails or delays in making a report and a child is abused or killed as a result, the professional can be sued for malpractice. In addition, administrative action may be taken, resulting in suspension or revocation of a practitioner’s license. 

The mandated reporter must make a verbal report immediately or as soon as possible to the Child Abuse Reporting Hotline or local law enforcement agency following the disclosure of abuse or neglect or reasonable suspicion of abuse or neglect has occurred.  Once the verbal report is received, the mandated reporter, within 36 hours, must complete and submit the form by fax to CPS at (510) 780-8620. 

Once a call is received on the Child Abuse Reporting Hotline, the call becomes a referral.  That referral is reviewed to first determine if the report includes information within the description of Welfare and Institutions Code Section 300.  If it does, a timeframe of either 10 business days or within 24 hours is established and the family’s referral is assigned for investigation.

Only mandated reporters are entitled to receive information regarding the suspected child abuse report they submitted.  By calling the Child Abuse Reporting Hotline, mandated reporters can be advised if the referral was assigned as an investigation. After the completion of an investigation, a response to mandated reporter is generated that states the disposition of the investigation that was triggered by your report. Providing accurate and complete information when you make a report is vitally important.