1. The
California
Child Abuse
& Neglect Reporting Law
Issues and Answers
for Mandated Reporters
California Department of Social Services
Office of Child Abuse Prevention

3. Table of Contents
Acknowledgements i
Introduction ii
The Reporting Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Why
What
Who
When
To whom
Immunity
Other protections
Liabilities
Feedback
Identification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Environment Problems
Parental clues
Physical indicators
Behavioral indicators
Guidelines to Determine Reasonable Suspicion . . . . . . . . . . . . . 10
Assessment with a verbal child
Physical abuse
Sexual abuse
Neglect
Emotional abuse
Additional factors in the
assessment process
Assessment with a nonverbal child
Assessment with the family
What to tell the parents/caretakers
Assessment of false allegations
The Major Treatment Issues. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Confidentiality
Therapist’s reactions to working
with abuse
Helpful interventions
Non-helpful interventions

4. Questions Often Asked . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
1. Who am I to say what is abusive?
2. What if I make a mistake?
3. What is the fine line between abuse and discipline?
4. What if the abuse occurred in the past?
5. What if an adult state he/she was abused as a child?
6. What about testifying in court?
7. What age child is most at risk of abuse?
8. What is the difference between children’s "normal" sex play and
sexual abuse?
9. What is the reporting responsibility regarding sexually active minors?
10. Are clergy mandated to report?
11. Are alcoholism programs exempt from reporting?
12. May I make an anonymous report?
13. What happens after a report is made?
14. Does a positive toxicology screen at the time of delivery require a
child abuse report?
15. Should a person’s culture be considered in determining if a report
should be made?
16. What if a parent states their child is receiving treatment by spiritual
means or not receiving medical treatment for "religious reasons"?
17. What if you are concerned about severing the trust relationship with
a client?
18. What do you say to a client who is suspected of abusing a child?
19. In cases of domestic violence when there is a child in the home, is
it reportable as child abuse?
20. Do you always tell the suspected abuser that you are making
a report?
21. If you suspect abuse of a disabled child in a home or institution,
is it reportable as child abuse?
Conclusions and Recommendations. . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Appendices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
A. Department of Justice Reporting Form
B. Required Statement of Mandated
Reporter- Sample Employee Form
C. Confidentiality Policies Statements & Agreement (Sample)
D. Community Resources
E. Statewide and National Resources
Bibliography . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

5. Acknowledgements
The Office of Child Abuse Prevention is grateful to Eliana Gil, Ph.D., for
the work she did as the original author of this publication. We also wish to
acknowledge the following people for their contributions: Diane Nissen, MSW,
Allyson Kohl, LMFT; Catharine J. Ralph, LCSW; and Kim Ralph, MSW.
Edited by Patty Lough, MSW, LCSW, Ph.D.
California Department of Social Services
Office of Child Abuse Prevention
i

7. Introduction
This handbook was originally written to help mental health professionals
understand the Child Abuse Reporting Law and be aware of their reporting
responsibilities regarding child abuse. However, other mandated reporters, who
come into contact with children, will also find the information helpful. Teachers,
counselors, child care workers, animal control officers or any other professionals
included as mandated reporters have an important role in child abuse reporting.
Responsible reporting is in the best interest of the child and family.
The law mandates the reporting of child abuse by certain parties (see page 2,
“Who Reports” for a complete list of mandated reporters). For various reasons,
people who abuse children lack necessary internal control. Therefore, they need as
many external controls as possible, until they are better able to restrain themselves.
The reporting law is an external control which clearly states, “the abusive behavior is
unacceptable and must stop.”
For the reporter, making a report of suspected child abuse is difficult. There are
always nagging doubts about how the person suspected of abusing a child will
react, what the outcome will be, and whether or not the report will put the child at
greater risk. The best way to minimize the difficulty of reporting is to be fully
prepared for the experience. One should feel reasonably comfortable with the
reporting requirements and the process that is triggered by making a report.
Knowing who to call for information and understanding your role in relation to your
position (i.e. social worker, nurse, child care worker, clergy, etc.) is also helpful.
Reporting suspected child abuse is a team effort involving professionals from a
variety of disciplines, such as child protective services, police, medical personnel,
etc.
Information contained in this publication is offered as an aid to mandated
reporters in reporting suspected child abuse. It clarifies basic information. It is not
meant to be all inclusive and cover all situations. Nor should it be considered legal
advice. Some items, such as therapeutic interventions used by therapists, may not
be useful to certain kinds of mandated reporters.
There are many professions included as mandated reporters; therefore, one
should rely on protocols and training within one’s profession. If in doubt about what
to do in a particular situation, additional information can be obtained through local
child protective service agencies or local police departments. Additional resources,
including toll free numbers and web sites, have been listed in the Appendix section.
ii

9. The Reporting Law
The first child abuse reporting law sexual abuse, neglect, or abuse in
in California was enacted in 1963. out-of-home care. Child abuse does
The early laws mandated only not include a “mutual affray between
physicians to report physical abuse. minors,” “reasonable and necessary
Over the years, numerous force used by a peace officer” under
amendments have expanded the specified circumstances, or spanking
definition of child abuse and the that is reasonable and age
persons required to report. appropriate and does not expose
Procedures for reporting categories of the child to risk of serious injury.
child abuse have also been clarified. (P.C. 11165.6, Welfare and Institutions
In California, certain professionals Code (W&IC) Section 300.)
are required to report known or
suspected child abuse. Other 2. What to Report
citizens, not required by law to report, The California Child Abuse
may also do so. Reporting Law is found in Penal Code
It is important for practitioners and Sections 11165-11174.3. The
other mandated reporters to keep following is only a partial description
updated on periodic amendments in of the statute. Mandated reporters
the law. Your local Child Abuse should become familiar with the
Prevention Council or Child Protective detailed requirements as they are set
Agency (see Resources) has current forth in the Penal Code (P.C.).
reporting law information. Under the law, when the victim is a
child (a person under the age of 18)
1. Why Must You Report? and the perpetrator is any person
The primary intent of the reporting (including a child), the following types
law is to protect the child. of abuse must be reported by all
Protecting the identified child may legally mandated reporters:
also provide the opportunity to protect a. A physical injury inflicted by other
other children in the home. It is than accidental means on a child.
equally important to provide help for (P.C. 11165.6).
the suspected abuser. The report of b. Child sexual abuse which
abuse may be a catalyst for bringing includes sexual assault and sexual
about change in the home exploitation. Sexual assault
environment, which in turn may lower includes sex acts with children,
the risk of abuse. intentional masturbation in the
presence of children and child
2. What is Child Abuse? molestation. Sexual exploitation
The Penal Code (P.C.) defines includes preparing, selling or
child abuse as: “a physical injury distributing pornographic materials
inflicted by other than accidental involving children, performances
means on a child by another person.” involving obscene sexual conduct
It also includes emotional abuse, and child prostitution.
(P.C. 11165.1).
1

10. c. Willful cruelty or unjustified relation to domestic violence, see
punishment, which includes the “Questions Often Asked”
inflicting or permitting unjustifiable section.)
physical pain or mental suffering,
or the endangerment of the child’s 4. Who Reports?
person or health. (P.C. 11165.3). Legally mandated reporters
“Mental suffering” in and of itself is include a wide variety of positions,
not required to be reported. which are as follows:
However, it may be reported. a. Mandated reporters in public
Penal Code11166.05 states: positions include: a teacher; an
“Any mandated reporter who has instructional aide, a teacher’s aide,
knowledge of or who reasonably or a teacher’s assistant employed
suspects that mental suffering has by any public or private school, a
been inflicted upon a child or that classified employee of any public
his or her emotional well-being is school; an administrative officer or
endangered in any other way may supervisor of child welfare and
report the known or suspected attendance, or a certificated pupil
instance of child abuse or neglect personnel employee of any public
to an agency specified in Section or private school; an administrator
11165.9”. (The specified agencies of a public or private day camp; an
include any police department, administrator or employee of a
sheriff’s department, county public or private youth center,
probation department if designated youth recreation program, or youth
by the county to receive mandated organization; an administrator or
reports, or the county welfare employee of a public or private
department.) organization whose duties require
d. Unlawful corporal punishment direct contact and supervision of
or injury, willfully inflicted, children; any employee of a county
resulting in a traumatic condition. office of education or the California
(P.C. 11165.4). Department of Education, whose
e. Neglect of a child, whether duties bring the employee into
“severe” or “general,” must also be contact with children on a regular
reported if the perpetrator is a basis; a licensee, an administrator,
person responsible for the child’s or an employee of a licensed
welfare. It includes acts or community care or child day care
omissions harming or threatening facility, a headstart teacher; a
to harm the child’s health or licensing worker or licensing
welfare. (P.C.11165.2). evaluator; a public assistance
f. Any of the above types of abuse or worker; an employee of a child
neglect occurring in out-of-home care institution including, but not
care (P.C. 11165.5). (For a limited to, foster parents, group
discussion of newborns with a home personnel, and personnel of
positive toxicology screen, or for residential care facilities; a social
information on child abuse in worker, probation officer, or parole
2

11. officer; an employee of a school Section 4980.03 of the Business
district police or security and Professions Code; and
department; any person who is an unlicensed marriage, family and
administrator or presenter of, or a child counselor intern registered
counselor in, a child abuse under Section 4980.44 of the
prevention program in any public Business and Professions Code, a
or private school; a district attorney state or county public health
investigator, inspector, or family employee who treats a minor for
support officer unless the venereal disease or any other
investigator, inspector or officer is condition, a coroner, or a medical
working with an attorney appointed examiner, or any other person who
pursuant to Section 317 of the performs autopsies (P.C. 11165.7).
Welfare and Institutions Code to c. Mandated reporters in public
represent a minor; or a peace protection positions include any
officer, as defined in Chapter 4.5 employee of any police
(commencing with Section 830) of department, sheriff’s department,
Title 3 of Part 2 of this code, who county probation department, or
is not otherwise described in this county welfare department.
section; a firefighter, except for (P.C. 11165.7(a)(33)).
voluntary firefighters. (P.C.11165.7) d. Mandated reporters in public
b. Health care personnel who are contact positions include:
mandated reporters include: commercial film and photographic
a physician and surgeon, print processors, clergy,
psychiatrist, psychologist, dentist, employees or volunteers of a
resident, intern, podiatrist, Court Appointed Special Advocate
chiropractor, licensed nurse, dental program, child visitation monitors,
hygienist, optometrist, marriage, animal control officers or humane
family, and child counselor, society officers.
licensed clinical social worker or • Commercial film and
any other person who is currently photographic print processor
licensed under Division 2 is any person who develops
(commencing with Section 500) of exposed photographic film into
the Business and Professions negatives, slides, or prints,
Code; any emergency medical or who makes prints from
technician I or II, paramedic, a negatives or slides, for
person certified pursuant to compensation. The term
Division 2.5 (commencing with includes any employee of such
Section 1797) of the Health and a person; it does not include a
Safety Code; a psychological person who develops film or
assistant registered pursuant to makes prints for a public
Section 2913 of the Business and agency. (P.C. 11165.7(a) (29)).
Professions Code; a marriage, Commercial film and
family and child counselor trainee, photographic print processors
as defined in subdivision (c) of must report depictions of a child
3

12. under age 16 in an act of sexual by the time the required report is
conduct (P.C. 11166 (d)). made” (i.e. the child is now an
• Clergy members means a adult).
priest, minister, rabbi, religious • A child visitation monitor
practitioner, or similar includes any person who, for
functionary of a church, financial compensation, acts as
temple, or recognized religious monitor of a visit between a child
denomination or organization. and any other person when the
(P.C. 11166 (c)). monitoring of that visit has been
• Any custodian of records of a ordered by a court of law.
clergy member (specified in (P.C. 11165.7(a) (30)).
P.C. 11165.7(33) and 11166 (3) • An employee or volunteer of a
(A)). “On or before January 1, Court Appointed Special
2004, a clergy member or any Advocate program, as defined
custodian of records for the in Rule 1424 of the Rules of
clergy member may report to an Court. (P.C. 11165.7 (a) (34)).
agency specified in Section • Animal control officer means
11165.9 that the clergy member any person employed by a city,
or any custodian of records for county, or city and county for the
the clergy member, prior to purpose of enforcing animal
January 1, 1997, in his or her control laws or regulations.
professional capacity or within (P.C. 11165.7(a) (31)(A)).
the scope of his or her • Humane society officer means
employment, other than during a any person appointed or
penitential communication, employed by a public or private
acquired knowledge or had a entity as a humane officer who
reasonable suspicion that a child is qualified pursuant to Section
had been the victim of sexual 14502 or 14503 of the
abuse that the clergy member or Corporations Code
any custodian of records for the (P.C. 11165.7(a) (31)(B)).
clergy member did not
previously report the abuse to 5. When Do You Report?
an agency specified in Section Child abuse must be reported
11165.9. The provisions of when one who is a legally mandated
Section 11172 shall apply to all reporter “…has knowledge of or
reports made pursuant to this observes a child in his or her profes-
paragraph.” sional capacity, or within the scope of
Also, unlike other mandated his or her employment whom he or
reporters the custodian of she knows or reasonably suspects
records for clergy, Section 11166 has been the victim of child abuse or
(3)(B) states: “This paragraph neglect…” (P.C. 11166(a)).
shall apply even if the victim of “Reasonable suspicion” occurs
the known or suspected abuse when “it is objectively reasonable for a
has reached the age of majority person to entertain such a suspicion,
4

13. based upon facts that could cause a 7. Joint Knowledge –
reasonable person in a like position, Who Reports?
drawing when appropriate on his or When two or more persons who
her training and experience, to are required to report, have joint
suspect child abuse.” (P.C. knowledge of a known or suspected
11166(a)(1)). Although wordy, the instance of child abuse or neglect,
intent of this definition is clear: if you and there is agreement among them,
suspect, report. the telephone report may be made by
You must make a report the selected team member. A single
immediately (or as soon as practically written report may then be made and
possible) by phone. A written report signed by the reporting team member.
must be forwarded within 36 hours of Where there is a failure by the
receiving the information regarding the designated team member to make the
incident. (P.C. 11166(a)). Written report, any team member who knows
reports must be submitted on shall then be responsible to make the
Department of Justice forms, which child abuse report. (P.C. 11166 (f)).
can be requested from your local
(police or sheriff’s department, (not
including a school district police or 8. Immunity
security department) or a county Those persons legally mandated to
welfare department). (P.C. 11168). report suspected child abuse have
See Appendix A. immunity from criminal or civil liability
for reporting as required or authorized
by the child abuse and neglect
6. To Whom Do You Report? reporting law. (P.C. 11172(a)).
The report must be made to a
county welfare department or
probation department (if designated 9. Safeguards for Mandated
by the county to receive mandated Reporters
reports) or a police or sheriff’s No supervisor or administrator may
department, not including a school impede or inhibit a report or subject
district police or security department. the reporting person to any sanction.
(P.C. 11165.9) (P.C. 11166(g)).
Reports by commercial print and Persons other than those legally
photographic print processors, are to mandated to report are not required to
be made to the law enforcement include their names when making a
agency having jurisdiction immediately report. (P.C. 11167 (e)).
or as soon as practically possible. Reports are confidential and may
(P.C. 11166(d)). be disclosed only to specified persons
and agencies (P.C.11167.5).
5

14. 10. Liabilities for Failure to Make 12. Licensing Requirement
A Required Report. The state agency issuing a license
A person who fails to make a to a person who is required to report
required report is guilty of a child abuse must either send a
misdemeanor punishable by up to six statement to the licensee which cites
months in jail and/or up to a $1000 reporting requirements and the
fine, or both. (P.C. 11166(b)). He or penalty for failure to report or print the
she may also be found civilly liable for information on all application forms for
damages, especially if the child-victim a license or certificate printed on or
or another child is further victimized after January 1, 1986.
because of the failure to report. (P.C.11166.5(b)(c)).
(Landeros vs. Flood (1976) 17C.3d
399).
13. Feedback to Reporter
After the investigation is
11. Responsibilities of Agency completed or the matter reaches a
Employing Mandated Reporter final disposition, the investigating
Any person entering employment agency shall inform the mandated
which makes him/her a mandated reporter of the results of the investi-
reporter must sign a statement, gation and any action the agency is
provided and retained by the taking. (P.C. 11170(b)(2)).
employer, to the effect that he or she
has knowledge of the reporting law
and will comply with its provisions
(P.C. 11166.5(a)). See Appendix B for
sample of form.
Commercial film and photographic
print processors and persons
employed by child protective agencies
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 are not required to sign
such statements. (P.C. 11166.5(a)).
6

15. Identification
Identifying where abuse occurs • Has unrealistic expectations of
requires the helping professional first child (e.g., toilet-training of a
of all to believe that child abuse can 6-month-old)
occur in any situation, regardless of • Uses “out of control” discipline.
socio-economic status, religion, • Is unduly harsh and rigid about
education, ethnic background, or other childrearing.
factors. Secondly, there must be a • Singles out one child as “bad,”
willingness to inquire into the “evil,” or “beyond control.”
possibility of abuse. There are four • Berates humiliates, or belittles child
basic areas in which abuse may be constantly.
revealed: • Turns to child to have his/her own
1) Environmental Problems, needs met.
2) Parental or Caregiver Clues, • Is impulsive, unable to use internal
3) Physical Indicators in the Child, and controls.
4) Behavioral Indicators in the Child. • Cannot see child realistically,
A brief overview of these warning attributes badness to child, or
signals follows. This is only a partial misinterprets child’s normal
list. You may become aware of these behavior (e.g. Takes an infant’s
factors through interview, observation, crying as a sign of intentional
or third-party reporting of these meanness).
concerns. • Is indifferent to child.
Environmental Problems Physical Indicators in the Child
• Hazardous conditions (broken Physical Abuse
windows, faulty electrical fixtures, • Fractures, lacerations, bruises that
etc.). cannot be explained, or
• Health risks (presence of rats, explanations which are improbable
feces, no running water, no heat, given the extent of the injury.
etc.) or unsanitary conditions. • Burns (cigarette, rope, scalding
• Extreme dirt or filth affecting health. water, iron, radiator).
• Facial injuries (black eyes, broken
Parental or Caregiver Clues jaw, broken nose, bloody or swollen
• Is unable/unwilling to meet child’s lips) with implausible or nonexistent
basic needs and provide a safe explanations.
environment. • Subdural hematomas, long-bone
• Tells you of homicidal fractures, fractures in different
thoughts/feelings toward child. states of healing.
• Tells you of use of objects (belts, • Pattern of bruising (e.g., parallel or
whips, clothes hanger) to discipline circular bruises) or bruises in
the child. different stages of discoloration,
• Is unable to describe positive indicating repeated trauma over
characteristics of child. time.
7

16. Neglect Physical Abuse
• Failure to thrive, a child’s failure to • Hostile or aggressive behavior
gain weight at the expected rate for toward others.
a normal child. A child who fails to • Extreme fear or withdrawn behavior
thrive may have medical or around others.
psychosocial problems, or a • Destructiveness (breaks windows,
combination of these. sets fires, etc.).
• Malnutrition or poorly balanced diet • Verbal abusiveness.
(bloated stomach, extremely thin, • Out-of-control behavior (angry,
dry, flaking skin, pale, fainting). panics, easily agitated).
• Inappropriate dress for weather.
• Extremely offensive body odor.
• Dirty, unkempt. Sexual Abuse
• Unattended medical conditions (e.g. • Sexualized behavior (has
infected minor burns, impetigo). precocious knowledge of explicit
sexual behavior and engages self
Sexual Abuse or others in overt or repetitive
• Bruising around genital area. sexual behavior).
• Swelling or discharge from • Hostility or aggression.
vagina/penis. • Fearfulness or withdrawn.
• Tearing around genital area, • Self-destructiveness (self-mutilates).
including rectum. • Pseudo-maturity (seems mature
• Visible lesions around mouth or beyond chronological age)
genitals. • Eating disorders.
• Complaint of lower abdominal pain. • Alcoholism/drug abuse.
• Painful urination, defecation. • Running away.
• Promiscuity.
Behavioral Indicators in the Child
Children react differently to being Neglect
abused. There is no one single • Clingy or indiscriminate attachment.
reaction that can be clearly associated • Self imposed isolation.
with child abuse; however, there are a • Depression or passivity.
number of possible behaviors which
have been found to be consistently
correlated with abuse. While some of Emotional Abuse
these behaviors occur more with one • Lacks self-esteem; puts self down
type of abuse than another, they may constantly.
overlap. • Seeks approval to an extreme.
The presence of any of these • Unable to be autonomous (e.g.,
indicators does not prove the child is makes few choices, fears rejection).
being abused, but should serve as a • Hostile, verbally abusive,
warning signal to LOOK FURTHER. provocative.
8

17. It is important to note here that a
child who is being physically abused
or neglected or sexually abused is
also being emotionally abused .
The best source of information is
not what the child says but how the
child behaves. Mandated reporters
must stay alert and responsive to the
child behaviors described above.
Children will rarely report they are
being abused; but, being unable to
stop it, they frequently develop coping
mechanisms and behaviors which
bring them to the attention of others.
These children tend to be fiercely
loyal to their abusers, often
demonstrating a pathological
dependency on them. They may try
to adapt and comply in order to
please their abusers and may serve
as caretakers to their abusers in order
to avoid further abuse or rejection.
9

18. Guidelines to Determine
Reasonable Suspicion
Reasonable suspicion means "that The assessment process is
it is objectively reasonable for a dynamic; that is, it does not stop after
person to entertain a suspicion, based a particular number of questions have
upon facts that could cause a been asked. It requires active
reasonable person in a like position, involvement on the part of the
drawing, when appropriate, on his or mandated reporter to interpret clues,
her training and experience, to observe non-verbal communication,
suspect child abuse or neglect." In and develop and test hypothesis.
other words, if a mandated reporter Most importantly, avoid jumping to
has a reasonable suspicion that child conclusions. The process of
abuse has occurred a suspected child assessment necessitates a
abuse report is to be completed. willingness and ability on the part of
Making an assessment of possible the mandated reporter to inquire
child abuse entails collecting further.
information in order to determine what An assessment can be done in
the problem is, who is involved, and such a way that it naturally evolves
how to proceed. The following are into collecting information about
basic elements in the process: neglect and physical, sexual and
• Maintain a clear distinction between emotional abuse. It is extremely
assessment for the purpose of important not to lead the child to say
determining whether there are what they think you want to hear.
grounds for reasonable suspicion Prompt them to give details in their
and conducting an investigation of own words. Always be extremely
the report. Only a child protective cautious to avoid using leading or
agency or county designee can coercive questioning.
conduct the investigation. One
should rely on protocols and Assessment With a Verbal Child
training within one’s profession in Two things are noteworthy when
the assessment process. interviewing a child who is able and
• Be careful about promising willing to be verbal: first, creating an
something that cannot be provided. environment that seems safe to the
Often children will say there is a child; and second, providing opportu-
secret they will share ONLY IF YOU nities for spontaneous disclosure
PROMISE NOT TO TELL ANYONE through verbal and non-verbal
ELSE. A mandated reporter cannot messages.
keep this promise. If it is given, and Ask the child to describe a typical
later the confidence is broken, the day. If assessing the home
child is likely to feel betrayed and environment, ask the child to describe
trust will be jeopardized. the house and who lives there. You
10

19. can pose questions such as: Who Code 11165.1. Particularly in the area
gets up first? Who wakes whom? Do of questions about sexual abuse,
people eat breakfast? Who makes mandated reporters should use
breakfast? Who goes where? Does discretion. Detailed questioning about
anyone stay at home? Go through sexual abuse will usually be asked by
the coming home routine as well. See the investigating agency, such as
if any patterns can be determined, Child Protective Services.) If
e.g., who spends more time with appropriate, possible questions a
whom, whether certain people are mandated reporter might ask include:
isolated. Notice if the child’s voice or • Do you like it when people hug
affect seems to change when specific you? Is hugging a good thing or
family members are discussed. bad thing? If it is a bad thing, what
makes it bad?
Physical Abuse • Where do you sleep? Where do
The presence of physical abuse others in your house sleep? What
can be evaluated by asking what happens when you go to sleep?
happens at home when people get • What happens when you take a
angry, drink or take drugs. (Physical bath?
abuse is defined in Penal Code • Does anyone ever touch you in a
11165.6.) To assess physical abuse way that makes you feel
the mandated reporter may ask non- uncomfortable? Where do they
leading questions such as: touch you? (If the child talks about
• What happens when you get in their private parts, use the child’s
trouble? words for genitals, breasts, anus,
• What do people say or do when mouth). Does it make you feel
they are angry? scared or sad?
• Does anyone throw objects? Who
does this? Neglect
• Does anyone ever get mad enough The two types of neglect are
to hit someone else? severe neglect and general neglect:
• What do they hit with? Who do • “Severe neglect” means the
they hit? If they do hit, do they use negligent failure of a person having
hands, fists, belts or other objects? the care or custody of a child to
Does anyone ever get hit hard protect the child from severe
enough so that the blow causes malnutrition or medically diagnosed
bruises or bleeding? How often nonorganic failure to thrive. “Severe
does this happen? Is it scary? neglect” also means those
situations of neglect where any
Sexual Abuse person having the care or custody
Sexual abuse can be assessed by of a child willfully causes or permits
asking non-leading questions about the person or health of the child to
touching and affection in the family. be placed in a situation such that
(Sexual abuse is defined in Penal his or her person or health is
11

20. endangered, as proscribed by county probation department if
Section 11165.3, including the designated by the county to receive
intentional failure to provide mandated reports, or the county
adequate food, clothing, shelter, or welfare department.) (See the
medical care. (P.C. 11165.2) “Questions Often Asked” section
• “General neglect” means the regarding emotional abuse in relation
negligent failure of a person having to domestic violence, question 19).
the care or custody of a child to
provide adequate food, clothing, Additional Factors in the
shelter, medical care, or supervision Assessment Process
where no physical injury to the child In addition to listening to the
has occurred. (P.C. 11165.2) content of the response, it is important
to observe changes in the child’s
Questions regarding neglect can affect, tone of voice, body
be asked to assess if basic needs are movements, breathing, eye contact
being met. (In questioning, remember and to note whether the child changes
that homelessness does not the subject abruptly.
necessarily mean neglect.) Some If the child has given information
questions to ask include: that leads to a reasonable suspicion
• Do you have food in your house? that he/she is being abused, let the
What kind of food do you have? child know you are concerned about
• Do you have a coat to wear? Does what is going on (describe what the
someone wash your clothes for child has revealed) and that it is
you? important to get some help now. The
• Do you have electricity? child should be told what to expect
once the decision to report is made
(i.e., that parents will be called and
Emotional abuse the Emergency Response Unit in the
Emotional abuse is a new addition Child Protective Agency will be
to the Child Abuse & Neglect notified, etc.).
Reporting law. Penal Code 11166.05 Do not make any guarantees to
states: “Any mandated reporter who the child about what will happen, but
has knowledge of or who reasonably let the child know as much as
suspects that mental suffering has possible. It is helpful to make the
been inflicted upon a child or that his referral to the Child Protective Agency
or her emotional while the child can listen. In this way
well-being is endangered in any other the reporter’s reliability is confirmed.
way may report the known or
suspected instance of child abuse or
neglect to an agency specified in Assessment With a Nonverbal
Section 11165.9”. (The specified Child
agencies include any police When children are not able to
department, sheriff’s department, speak, they frequently will "act out"
12

21. their concerns in play. It is important telephone cords to physically punish
to assess abuse based on extreme or their children. The use of objects
persistent behaviors that are increases the likelihood that the child
consistent with indicators of abuse. A may sustain injuries.
child who is physically abused may be Some parents who were abused
very physically abusive of dolls or as children may not recognize their
other play materials, and have themes behavior as abusive. They may not
of violence or death in his or her play hide this behavior since to them it is
or drawings. A sexually abused child normal and acceptable. Other
may focus on the doll's genitals, and abusive parents may think of their
engage dolls in explicit sexual play. behavior as abusive, and may seek to
Although this by itself doesn’t mean hide it, making up stories, or getting
abuse is occurring. their children to protect them. The
latter are obviously more difficult to
assess, but looking at the entire
Assessment With the Family family picture, and interviewing the
If the entire family will be meeting children alone, may help with data
with a mandated reporter, the family collection.
members may be asked non- Parents are frequently frightened
threatening questions about family life and angry when the referral is made
similar to those questions asked of a to the authorities. But most parents
verbal child (see "Assessment with a love their children and do not want to
Verbal Child"). hurt them. They are being abusive
It must be recognized, however, because they are out of control.
that if abuse is occurring in the family, They may also, either immediately or
parents and other family members eventually, feel relief that steps have
may not be inclined to discuss this been taken to protect their children.
area of concern. Giving parents a confidentiality policy
Frequently, meeting with the child (See Appendix C) and being matter-
separately from the parents may be of-fact and confident about what
helpful in gathering further information abuse is, will help tremendously in
which may be relevant to the abuse undertaking the emotional and difficult
situation. task of reporting. Also, the mandated
If the parents/caretakers make reporter must clearly understand that
statements such as "we know how to his/her responsibility is to make the
take care of him," "we have a sure-fire assessment, determine if “reasonable
cure for that," or similar references suspicion exists” and then report.
regarding their parenting strategies it THERAPISTS, AND OTHER
is critical to get a clear description of MANDATED REPORTERS, ARE
the parents’ behavior. These NOT RESPONSIBLE TO
references may indicate that a parent INVESTIGATE OR COLLECT
or caretaker is physically abusing a EVIDENCE. The investigation is
child. Parents sometimes use objects conducted by Child Protective
such as belts, bats, pots and pans, or Agencies. When in doubt, call the
13

22. Emergency Response Unit in the informing parents is included in the
Child Protective Agency and discuss section titled “Major Treatment
the situation. Issues”.
Assessments of False Allegations
What to Tell the Parents/Caretaker Probably among the most alarming
Informing parents that a referral is situations which can occur are those
being made is not legally required. in which a parent or caretaker is
Indeed, in some instances it may be falsely accused of hurting or molesting
contra-indicated by such things as a a child. Whether such experiences
parent’s tendency to flee or exhibit are common or rare, their seriousness
violent, erratic or psychotic behavior. must not be overlooked. The impact
There are instances in which a child of a false allegation on an innocent
may be at risk due to "telling." Advise individual can be devastating; it can
the child welfare staff if a child is include rejection by family, criminal
afraid to go home, may be in danger proceedings, imprisonment, and loss
of further abuse or threats, or may be of employment. One who is falsely
under pressure to change or retract accused may be unfairly subjected to
his or her statement. (Dr. Roland suspicion and scrutiny in virtually any
Summit has written an article "The of his/her undertakings or
Child Sexual Abuse Accommodation relationships.
Syndrome" which clearly explains the Recently, the issue of false
child’s process of disclosure. See allegations, recovered memory and
Selected Bibliography Section). The false memory have been discussed in
child welfare staff will evaluate the the literature. (See Selected
need to place the child in protective Bibliography Section).
custody. Fictitious allegations appear to
In most instances, however, the occur in two populations:
parents should be told that a referral 1) “coached” children in custody
is being made. If the child is at risk disputes, and
due to disclosure, it is important to 2) adolescents who “make up”
discuss this with the parents and convincing reports out of boredom,
make a statement about further harm infatuation, or in an effort to
to the child. “I know it probably retaliate.
makes you angry or a little afraid that Every professional working with
I’ve made this referral. You may even child abuse cases should stay abreast
feel angry at your child, but it’s not OK of current research on improved
to hit or hurt the child for telling.” Tell methods of interviewing and
the parents the reasons for the treatment, maintain integrity by
referral: “You seem to be behaving in assessing each case on its own
an out-of-control way and I’m merits, and suspend judgments until
concerned that you are hurting your all the information is gathered.
child.” Further discussion on
14

23. Certain phrases tend to elicit an unlikely to be developed soon. In the
immediate and uncritical response. meantime, professionals must
Phrases such as,“I have a secret,” exercise ethical and responsible
“Daddy’s doing something mean to behavior in assessing these cases.
me,” and/or “I’m scared,” could Reliance on single-source
indicate a range of experiences. It is techniques must be eliminated. For
best to proceed slowly, maintaining example, children’s drawing, or their
openness about the possibilities. play with anatomically detailed dolls,
Child abuse is a reality, and it is or their specific behavioral responses
very unlikely that young children, do not provide sufficient grounds to
without prompting from adults, conclude that abuse has occurred.
fantasize or lie about being abused. The most reliable evaluations include
Not only do they tend to lack the the use of multiple techniques:
motivation, they lack the cognitive psychological tests, clinical
ability to conceptualize detailed sexual observations of the child alone, with
activity. Children are more likely to lie parents and peers, collateral
to protect an abusive parent than they information from learning programs,
are to get themselves or a loved one medical personnel, and current or
into trouble. previous psychologists, to name a
The issue of “coached” children, few. An evaluation must give the child
particularly during custody disputes, ample opportunity to show or tell if
remains a major problem, and while there is trouble, and must attempt to
techniques for discovery of the truth elicit or encourage self-disclosure of
are being developed a fool-proof frightening material.
method which applies in all cases is
15

24. Major Treatment issues
This section offers useful the professional, parents or caregivers
information, which may be helpful to may sense that they are being
all mandated reporters other than just punished. A more useful approach is
therapists. However, it is not meant to to consider the reporting as helpful to
be inclusive of all situations, and it the family because it will protect the
specifically addresses issues in the child (and the parents in the long run)
client-therapist relationship. by getting them needed services. The
attempt to convince the parents that
Confidentiality they are being helped should be
The statutory duty to report is not avoided because it is difficult for them
excused or barred by the client/patient to see a report as helpful at the initial
therapist privilege or professional stage.
confidentiality or ethics. Nevertheless, The fear that reporting will destroy
all types of mandated reporters must the trust in the therapeutic relationship
confront and overcome their own is understandable, however if the
internal barriers to reporting. reporting is done in a clear and
Denial: Many professionals refuse nonthreatening way, clients will not be
to believe child abuse exists. They as likely to feel betrayed.
may think it happens only to the poor, Approaching suspected abuse as a
the psychotic, the uneducated, or matter-of-fact mandatory duty to
certain racial groups. This is simply protect children can help in
not true. When professionals do not undertaking the emotionally difficult
acknowledge the possibility of abuse, task of reporting.
they miss the opportunity to stop the Family Breakup: Relatively few
abuse. It is important to believe that of the large number of child abuse
abuse can happen in any family reports lead to the removal of a child
setting and to ask questions designed from his/her home. The current
to explore this possibility when abuse emphasis of child welfare services is
is suspected. on keeping the family intact by
Rationalizing: Another danger is providing comprehensive services
the professional’s acceptance of such as crisis intervention, respite
unrealistic explanations for how an care, in-home counseling and
injury occurred. If any doubts exist, homemaking, parenting education,
no matter how small, assessment transportation, housing assistance,
should continue, and/or consultation clothing, food, and utilities. The child
should be sought. will be removed only if the child
Betrayal: Some professionals feel protective professionals assess that
that when they report clients for child there is imminent danger to the child
abuse they are damaging the client- or if the caregivers are unable or
therapist relationship because of the unwilling to provide a safe
possible punitive consequences of environment for the child.
such reports. If this notion is held by
16

25. The Therapists’ Reactions to the competitive relationship that may
Working with Abuse exist between the abusive
Everyone has a reaction to child parent/caregiver and the therapist
abuse. Some cringe with disgust and regarding the needs of the child.
anger and others cry with sadness If trust is established in the
and empathy. It is crucial for therapeutic relationship, the client may
therapists to examine their own see the therapist as a parental figure.
attitudes and feelings toward abusive The more trust that is developed, the
parents and abused children. It is greater is the client’s need to pull
possible (and advisable) for them to away and make demands by testing
acknowledge the discomfort or anger the therapist’s ability to set limits. The
they may feel about the abuse, and client’s dependency needs may also
yet prevent these feelings from surface, which may cause a
interfering with their ability to be useful therapeutic crisis in a needy and
to families in treatment. frightened client. The client needs to
Treatment may be ineffective if the experience and build trust and then
therapist expresses angry or needs to be directed toward other
judgmental feelings toward the client, people in his or her life with whom a
which may reinforce a sense of similar experience can be created.
“badness” or “unworthiness.”" Most
abusive people have fragile egos and Helpful Interventions
are very susceptible to criticism. This Confidentiality Statements:
does not preclude a therapist’s Parents and children should be
making very strong and clear given a confidentiality statement at the
statements about the abusive beginning of therapy. Contrary to the
behavior, but these should be made in belief of some, making these
a way in which the client is likely to statements does not seem to scare
hear them. An effective phrase would clients away or inhibit them.
be, “I know you love your children and These statements should be made
want them to turn out to be productive both verbally and in writing. (See
citizens; but it is not OK for you to hurt Appendix C). The confidentiality
them, in order to teach them.” It is, of statements are best when included
course, crucial for the therapist to with other guidelines regarding the
provide clients with clear alternatives therapeutic relationship. Some
to abusive behavior. The tendency to therapists have their clients sign a
resort to old and familiar (abusive) copy of the confidentiality statements
behavior will persist, and part of the and keep them in their files. The
therapeutic goal is to replace the old clients may or may not ask questions
behavior with new techniques. related to confidentiality. However,
Another mistake therapists limits of confidentiality and what is
sometimes make in working with considered reportable suspected child
abusive situations is to see abuse should be explained both
themselves as “rescuers” of the child. verbally and in writing to clients.
Therapists must remain sensitive to
17

26. Suggested statements (meant The Use of Contracts: Contracts
specifically for therapists) are: are written agreements between the
To Parent: What we discuss in therapist and the client that specify
therapy is confidential with two goals of therapy, with clear behavioral
exceptions: one, if I think you are descriptions of expected outcomes.
going to hurt yourself; two, if I The structure a contract provides
think you are going to hurt is helpful for many reasons when
someone else, including your working with abusive families.
child. If either of these two Families in crisis respond well to
incidents seems likely, I will need clearly specified objectives, in
to take protective action, which addition, families can feel a greater
will include calling appropriate sense of control if they are able to
authorities. understand what behavior on their
part will lead to their desired outcome.
To Child: What we discuss in Often the clients are mandated by
therapy is confidential with three court to attend therapy. In those
exceptions: one, if I think you are cases, it is particularly helpful to use
going to hurt yourself; two, if I contracts, so that it is clear among all
think you are going to hurt agencies and individuals concerned
someone else; and three, if I think what is expected.
someone, including your parents, Limit Setting: Reporting
are hurting you. When any of suspected child abuse is often an
these things is going on, I will effective way of setting a firm limit
need to let someone know and try regarding unacceptable behavior.
to get additional help for you. Clients may feel cared for when a
therapist sets limits on their
In their statements about the limits
self-destructive or self-defeating
of confidentiality, therapists should be
behaviors. Most abusers do not
certain that their clients are aware that
want to hurt their children. When
child abuse, suicide, homicide and
parents/caregivers abuse their
threat of homicide are matters that
children, their self-worth may be
must be reported if they are
negatively affected because the abuse
suspected. The Tarasoff vs. Regents
may reinforce their worst fears about
of the University of California (1976)
themselves.
17 Cal.3d 425 decision established
Reporting can be a way to model
that a therapist may be liable for
the setting of limits.
injuries resulting from a failure to
Use of Authority: Many mental
report their suspicions regarding these
health professionals are trained to
issues. Of course, these are all
encourage clients to draw conclusions
circumstances in which the
and choose their own directions. In
therapeutic and legal arenas overlap,
abuse situations, however, the
and the therapist must take
therapist must feel comfortable with
substantive action in the best interest
his/her own use of authority to
of the client or intended victims.
maximize safety for both parent and
18

27. child. It may take some time before a Some clients will never admit to
mental health professional is the abuse.
comfortable making reports and “Stay With” The Client: After a
explaining this decision to the client. report is made, it is important to
The decision should be presented in a continue supportive contact with the
firm and supportive manner. The client, rather than assuming that the
therapist can tell the clients that job is done. The client who is a child
he/she recognizes their feelings of will especially benefit from having
helplessness and anger and that access to the therapist, since
he/she will be available to help them frequently he/she is propelled into a
take some control over their lives. child welfare system which can be
Offering a matter-of-fact and perceived as insensitive and
caring approach counters the demanding.
message that the abuse is so The child who has been abused
repugnant it must be kept hidden, or and is involved in the situation may
that the therapist does not take the not only be dealing with his/her abuse,
abuse seriously. but also may be dealing with the
Facing Denial: It is common for process of investigation and
abusive parents/caregivers to deny prosecution of the abuser.
that they have been abusive. This is The client may need someone to
to be expected. They have a great answer questions about the investi-
deal to protect, and they are usually gatory or Court processes. As much
feeling judged and exposed. The information as possible should be
therapist should focus on assessment relayed to the family.
of the individual’s strengths, Telling The Client A Report Is
weaknesses, and concerns based on Being Made: Reporters are not
an understanding of the underlying required by law to tell the client a
family dynamics. report of child abuse is being made.
(NOTE: The therapist is not the However, in the majority of cases,
long arm of the law, particularly telling the client about the report is
regarding investigation. While the therapeutically advisable.
therapist can use the legal system In so doing, the therapist is
effectively and cooperatively, it is not employing clinical leverage by using
the therapist’s job to prove culpability authority to set a firm and necessary
or collect evidence. However, limit. Reporting responds to the
information gathered in the client’s nonverbal plea for help. The
assessment regarding possible therapist can reassure the parent that
child abuse can be used in the steps will be taken to help him/her
investigation.) gain control so that the abuse does
It is essential for the therapist not continue and lead to serious injury
to create a safe and trusting of the child.
environment conducive to Furthermore, if the therapist does
self-disclosure, while consistently not mention the report to the client,
raising the issue of denial. secrecy and tension can result which
19

28. may lead to the client feeling the therapist may attend and listen to
suspicion, isolation, or betrayal. the case management meetings.
In some cases, reporting may elicit Frequently, the therapist can be
an extreme response from clients. It pivotal in obtaining supportive
is contraindicated to inform people of services for the client.
a report if the individual seems
psychotic, has poor impulse control Non Helpful Interventions
coupled with a history of violent Threats: Threatening the clients
behavior, has a problem with alcohol with a report gives the impression that
or drugs, or is likely to flee the area. reporting is a punishment and may
It can be very beneficial to give further alienate the client from seeking
clients the opportunity to make the needed services.
reports themselves in your presence. Bargaining With Clients: (“I
However, telling clients to report won’t report you this time, but if you
themselves does not negate the do it again…I’ll have to”) gives the
therapists mandate to report. message that sometimes it is all right
Consultation/Coordination: A to be abusive, but other times it is not.
team treatment approach can The client may find the double
contribute to the optimal provision of message confusing, and his/her
services and monitoring. behavior may escalate.
Coordination of services can result Threats and bargaining are not
in less disruption to the family in crisis options for the reporter. The reporting
and optimal use of each agency’s law states that reports must be made
limited resources. Case conferences by those engaged in specified
allow therapists and other caregivers professions when there is reasonable
the opportunity to define expectations suspicion, knowledge or observation
for change in areas of concern, and of child abuse.
allow for definition of roles by the Hit and Run – Abandoning The
many professionals involved in each Client: It is important to provide
case. When a specific plan of action ongoing support to the client
is designed by a multi-disciplinary throughout the investigation and
team and defines the key players, it is follow-up services.
easier to provide clear direction to the Arguing: Many clients will argue
parents. The consultative team that they are not abusive since their
approach is especially helpful when own parents did worse things to them.
there is uncertainty as to whether or Have clients describe previous abuse
not to report. and then explain that the reporting
Remember, however, therapists laws have changed. Let them know
are bound by confidentiality and that, were their parents’/caregivers’
should obtain client release forms, abusive behavior to occur today, it
waiving confidentiality on specific would be reportable as child abuse.
information. If no waiver is obtained, 1. Who am I to say what’s
20

29. Questions Often Asked
abusive? physical abuse and discipline?
The health professional and If the discipline is excessive or
other mandated reporters often forceful enough to leave injuries,
feel reticent to label behavior as physical abuse has occurred.
abusive. They may feel they The use of instruments increases
have no right to pass judgment the likelihood of injuries as does
on other people. However, if a the excessive punishment of
reasonable suspicion exists, the young children. The intent of the
protective action is beneficial to reporting law is not to interfere
the parents as well, who may not with appropriate parental
recognize their behavior as discipline, but to respond to
abusive, or may be reluctant to extreme or inappropriate
seek help. If in doubt, the discipline which is abusive.
specific Penal Code sections Some parents hit their children in
regarding child abuse can be places where injuries are not
referred to. They are California visible (the buttocks, the thighs,
Penal Code sections 11164 – the back) and yet may tell the
11174.3. They can be accessed therapist, or other mandated
through the internet at reporter, that they use belts,
http://www.leginfo.ca.gov/calaw.html whips or other potentially
dangerous instruments. If you
2. What if I make a mistake? have reasonable suspicion of
Dr. C. Henry Kempe, a pioneer abuse, even with no visible signs,
in the field of child abuse you are required to report. Under
prevention, once said he would California Welfare and Institutions
rather apologize to a parent Code Section 300(a), reasonable
because he made a mistake and age appropriate spanking to
about reporting the abuse, than the buttocks where there is no
apologize to a brain-damaged evidence of serious physical
child because he did not report. injury does not constitute abuse.
It is better to err in the direction
of over-reporting than 4. What if abuse occurred in the
under-reporting. It is important past?
to note that mandated reporters There is no time limitation
are immune pursuant to statute regarding the reporting of child
if they make a report, but they abuse. If a victim is under age
are liable if they fail to report 18, the abuse must be reported.
when they have reasonable
suspicion. 5. What if an adult states he/she
3. What is the fine line between
21

30. was abused as a child? believe that they provoke their
The child abuse reporting law abuse or are better able to
mandates a report when there is protect themselves or run away
a reasonable suspicion or from abusive situations. Despite
knowledge that minors may be in their age and size, adolescents
need of protection. Therefore, are often just as vulnerable as
childhood abuse of adults should younger children to physical,
be reported if there is a sexual and emotional abuse and
reasonable suspicion that there neglect.
may be another potential child
victim. (This does not impose 8. What is the difference between
an investigatory duty on the children’s “normal” sex play
professional.) and sexual abuse?
The lack of contemporary
6. What about testifying in court? normative data regarding sexual
The majority of cases do not go activity among young children
to trial. When they do, and the makes differentiating between
professional is required to testify, normal sex play and sexual
it is important to remember that abuse difficult. It is clear,
the testimony may be essential however, that very young children
for the protection of the child. without exposure or experience
The professional's effectiveness do not usually have substantial or
and comfort as a witness may be detailed knowledge about sexual
greatly increased by meeting with activity and that the child who
the attorney at the earliest exhibits developmentally
opportunity. inappropriate behaviors has
probably either been exposed to
7. At what age is a child most at that behavior or has experienced
risk of abuse? it. Exposure may have occurred
All children are at risk of abuse, directly (by observing people
but infants and toddlers are most engaged in those activities or by
likely to sustain serious injuries having personally been involved)
due to their fragility. The mortality or indirectly (through TV or
rate is highest for children 0-2. pictures in a magazine).
Some people are predisposed Factors to be considered in
to respond more inappropriately addition to developmental
to one age of child than to appropriateness include the
another. For example, sexual dynamics of the situation. Was
abuse of infants is more difficult coercion, threat, intimidation or
to fathom than sexual abuse of force involved? Were age and
adolescents, yet it does occur. size of the children involved
Adolescents are also at risk of similar? Even in cases involving
abuse but may not receive children of similar age and size it
needed help because people may is possible that the activity is
22

31. abusive if threats, force or fourteen who are of similar age
coercion is present. need not be reported.
Differences in emotional In the case of People vs.
maturity and status must also be Iohn L., (1989) 209 Cal.App. 3d
evaluated. For example, a child 1137, the court determined that
who has been delegated the Penal Code Section 288(a)
authority of “babysitter” by prohibits all sexual contact with
parents has a distinct status or persons under the age of
power advantage over other fourteen, regardless of the young
children, even if the age person’s consent, if the offender
differential is not large. is over age 14.
Many assessment questions It should be noted that even in
must be considered when light of these two decisions,
professionals are presented with legally mandated professionals
situations in which children are must report instances of sexual
engaging in sexual activity. It is contact between children (under
important to understand not only 18) if they suspect that the child
the child’s knowledge base but has been sexually abused or
also the sources of that exploited. It is also worth noting
knowledge. In most cases of this that even in children over
type, consultation is very helpful. fourteen the issue of consent
must be carefully evaluated. A
9. When do you report sexual history of sexual abuse may lead
activity between minors? a child to view further abusive
The answer to this question situations as familiar and normal,
can only be determined by a thus impairing that child’s ability
comprehensive evaluation of the to protect him/herself from further
situation. Two court cases abuse.
address the question of whether
a child sexual abuse report is 10. Are clergy mandated to report?
warranted in the case of a child Yes. Beginning January 1, 1997,
under fourteen who is sexually all clergy members are mandated
active. In the case of Planned to report known or suspected
Parenthood Affiliates vs. instances of child abuse to a
Van de Kamp (1986) 181 Cal. child protective agency. Clergy
App.3d 245, the court stated that members are exempt from
sexual activity alone does not their mandated reporting
imply sexual abuse. If, in the responsibilities only if the
judgment of the reporting knowledge or reasonable
professionals, there are no suspicion of child abuse was
indications of actual sexual or obtained during a “penitential
other abuse, then voluntary and communication”.
consensual sexual behavior (P.C. 11165. ( c)( (1)).
between minors under the age of “Penitential communication”
23

32. means a communication, assure the safety of a child and
intended to be in confidence, provide services to keep the
including, but not limited to, a family together.
sacramental confession, made to Removing a child from the
a clergy member who, in the home is an action taken only
course of the discipline or when a child cannot remain there
practice of his or her church, safely. Services provided to a
denomination, or organization, family in which abuse is occurring
has a duty to keep those may range from counseling to
communications secret. respite care or the placement of a
(P.C. 11166( c)(2)). family care worker in the home to
provide role modeling and
11. Are alcohol programs exempt assistance to parents. If removal
from reporting child abuse? becomes necessary, the Juvenile
No. The exemption in effect until Court has several options for
1987 for federally-funded placement including the non-
alcohol/drug programs has been custodial parent, relatives, foster
withdrawn. Today all alcohol/drug homes and group homes, in that
programs are required to make order, depending upon the
appropriate child abuse reports. specific needs of the child.
Parents should be reassured that
12. May reports be made the Court’s removal standards are
anonymously? stringent. The Court will order
Mandated reporters must identify the Child Protective Agency which
themselves when making child provides child welfare services
abuse reports. However, persons and the parents to work together
not legally mandated to report for reunification as quickly as
may make anonymous reports. possible.
When abuse has occurred
13. What happens after a report is where the alleged perpetrator is
made? not a member of the household
Child Protective Agencies (county (for example, a stranger
welfare or probation department, molesting a child), law
police or sheriff’s department) are enforcement is responsible for
responsible for investigating the investigating the referral. The
referral once it is made. Child Protective Agency will
Emergency Response (ER staff investigate to determine if the
from the child welfare or child is being protected in his/her
probation agency) and law home. Once the agency has
enforcement will work together, determined that the child is safe
although their investigations will at home, then it may refer the
be separate. When abuse has family for counseling or medical
occurred within a family, ER’s care and to appropriate local
emphasis in intervention is to community resources. A case of
24

33. out-of-home abuse is generally motion by a report.
closed by the welfare or probation 14. Does a positive toxicology
department, with the law screen at time of delivery
enforcement agency continuing its require a child abuse report?
investigation. A positive toxicology screen at
When there is an allegation that the time of the delivery of an
abuse (including general neglect) infant is not in and of itself a
has occurred in a licensed day sufficient basis for reporting child
care or out-of-home care facility, abuse. However, any indication
the State or County licensing of maternal substance abuse
agency must report the alleged shall lead to an assessment of
abuse to law enforcement, a Child the needs of the mother and child
Protective Agency or the county pursuant to Section 123605
probation department. The (below) of the Health and Safety
licensing agency then conducts Code. If other factors are present
an investigation of the allegations. that indicate risk to a child, then a
The licensing agency child abuse report must be made.
investigations may be conducted A report based on risk to a child
concurrently with the law which relates solely to the
enforcement or CPS inability of the parent to provide
investigations; however, the the child with regular care due to
licensing agency should not a parent’s substance abuse shall
interfere with these investigations. be made only to a county welfare
Depending upon its finding, the department and not to law
State licensing agency - (an enforcement. (P.C. 11165.13)
agency within the California
Department of Social Services 123605.
(CDSS)) may temporarily (a) Each county shall establish
suspend or revoke the facility’s protocols between county
license. The CDSS action is not health departments, county
dependent upon the outcome of welfare departments, and all
the law enforcement or CPS public and private hospitals
investigations or any civil action in the county, regarding the
resulting from such investigations; application and use of an
CDSS has only to have a assessment of the needs of,
preponderance of evidence in and a referral for, a
order to take action against a substance exposed infant to
licensed care facility. a county welfare department
Procedures in Child Protective pursuant to Section 11165.13
agencies vary from county to of the Penal Code.
county. Therefore, it is important (b) The assessment of the
to understand the local
procedures which are set in
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34. needs shall be performed by may appear to look like child
a health practitioner, or a abuse, they may not be, when
medical social worker. The done properly. Likewise, this
needs assessment shall be same practice, if done improperly
performed before the infant is or to excess, could constitute
released from the hospital. child abuse. Other practices
(c) The purpose of the which are generally acceptable
assessment of the needs is within a particular native culture
to do all of the following: are not acceptable within our
(1) Identify needed services culture and would constitute child
for the mother, child, or abuse, necessitating a child
family, including, where abuse report.
applicable, services to
assist the mother to care 16. What if a parent states their
for her child and child is receiving treatment by
maintain the children in spiritual means or not
their homes. receiving medical treatment for
(2) Determine the level of “religious reasons”?
risk to the newborn upon General neglect includes the
release to the home and negligent failure of the person
the corresponding level having the care or custody of the
of services and child to provide medical care.
intervention, if any, However, a child receiving
necessary to protect the treatment by spiritual means
newborn’s health and (Section 16509.1 of Welfare &
safety, including a Institutions Code) or not receiving
referral to the county medical treatment for religious
welfare department for reasons, is not for that reason
child welfare services. alone considered child neglect.
(3) Gather data for An informed and appropriate
information and planning medical decision made by
purposes. a parent or guardian after
consultation with a physician
15. Should a person’s culture be who has examined the minor
considered in determining if a does not constitute neglect.
report should be made? (P.C. 11165.2).
Given the diverse culture we live
in, mandated reporters should be 17. What if you are concerned
encouraged to receive cultural about severing the trust
competency training in order to relationship with a client?
better understand cultural factors The primary concern has to be
that need to be considered in the safety and security of the
recognizing possible child abuse. child. When first making contact
While some cultural practices with a client, a confidentiality
26

35. statement (See “Sample as non-judgmental as possible.
Confidentiality Statements” This can be difficult. The more
Appendix C) should be clearly the suspected abuser feels
stated and given to the client in judged by statements that can be
writing. This will prevent them interpreted as personal attacks,
from feeling tricked in the event the less likely they are to accept
something is revealed. One help to change their behavior.
cannot ensure that the (See “Identification, Guidelines for
“therapeutic trust” will remain. Assessment”, and “Major
Being clear about one’s role and Treatment Issues” Sections.)
responsibilities from the
beginning, while ensuring the 19. In cases of domestic violence
safety of the child will help further when there is a child in the
the bond between client and home, is it reportable as child
therapist. abuse?
While each county handles this
18. What do you say to a client issue differently, domestic
who is suspected of abusing a violence is being reported in
child? some counties as emotional
It is not a legal requirement to tell abuse (P.C. 11166.05). It is
the client a report is being made. generally reported to Child
However, if it is safe to do so, it is Protective Services when a child
therapeutically advisable to tell is in the home by medical
them in an honest and forthright personnel, law enforcement and
manner. domestic violence units. Where
When child abuse or neglect “a child is in immediate and
are suspected, the following is present danger of abuse by a
one possible intervention that a family or household member,
mandated reporter may wish to based on an allegation of a
use. This is one of many recent incident of abuse or threat
possibilities and not all situations of abuse by the family or
are the same: Begin by making a household member” a judge can
statement about what you saw, order an emergency protective
heard or believe that makes you order (California Family Code
suspect abuse or neglect. Follow Section 6250).
this with, “As a mandated If encountering a situation of
reporter, I am required by law to domestic violence where there is
report any reasonable suspicion concern about the safety and well
of child abuse or neglect.” being of a child, contact your
Just as important in the telling local Child Protective Service
process is the tone of voice and agency or law enforcement
manner one uses. The optimal agency.
and least damaging way is to be
20. Do you always tell the
27

36. suspected abuser that you are disabled child in a home or
making a report? institution, is it reportable as
For clinicians and therapists, child abuse?
making the decision to tell the Yes. Any suspected child abuse
suspected abuser that you are or neglect should be reported.
making a report is a highly Children with disabilities are
sensitive and complicated issue. 3.4 to 7.7 times more likely to be
This decision should be carefully victims of maltreatment than
considered on a case by case non-disabled children.
basis. There are times when
having the suspected abuser,
partner of the suspected abuser,
or the alleged victim assist in
making the report can be
therapeutically empowering. At
other times informing clients that
you are making a suspected
abuse report puts the alleged
victim in greater danger of further
abuse or can later damage the
CPS or Law Enforcement
Investigation. When in doubt
seek consultation and/or call your
local CPS hotline and ask for
assistance.
21. If you suspect abuse of a
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37. Conclusions and Recommendations
Child abuse is a problem with many intra-psychic, social and
interpersonal aspects. It is usually "action language," that is, parents
and others cannot always recognize and verbalize their needs and
may use behavior rather than words to get help for themselves.
It is important that the mandated reporter not let denial, fear, or
ignorance of laws or procedures interfere with providing help to the
family or caregivers. Not everyone is able to work effectively with
these situations. The responsible reporter faces his/her limitations or
preferences, and, when appropriate, REFERS OUT to others better
able or willing to provide treatment for these families and caregivers.
Most people who abuse their children can be successfully treated.
The helping professional can become the appropriate and safe parent
figure, the educator and limit-setter to the abusive person. No one
can do the job alone. The responsibility can be shared.
Therapists are advised to familiarize themselves with the social
service/legal system, the laws and the helping agencies in the
community. Frequently, coordinating the therapy with other helping
services will result in enhanced treatments.
Training and consultation are also highly encouraged for any
professional working with child abuse. There are many excellent
written materials, training programs, seminars and/or conferences, as
well as local expertise, which can be consulted on the specifics of a
case. Online materials, information, and resources are available via
web site addresses listed throughout the Selected Bibliography,
Appendix D, and Appendix E. Therapists are also advised to build a
support system of peers with whom to discuss their own feelings as
well as problematic aspects of cases.
There are many effective community services which can be
complementary to individual or group therapy, and are invaluable to
the clients who often have varied needs. Examples of community
services (Appendix D) and statewide services (Appendix E) are
included at the end of this handbook. Your local Child Abuse
Prevention Council or Child Protective Agency will be familiar with
existing local services.
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38. APPENDIX A
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39. APPENDIX A
31