When do you report and what is required?
A mandated reporter must make a report to law enforcement “whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of abuse or neglect.” (Penal Code, § 11166.) The mandated reporter must make the initial report by phone and as soon as practically possible, and must file a written follow-up report Form SS 8572 - Also known as the Suspected Child Abuse Report [SCAR] form no later than 36 hours after receiving the information that forms the basis of the report. (Penal Code, § 11166.)
A "reasonable suspicion" means that it is objectively reasonable for a person to suspect child abuse or neglect, based upon facts that could cause a reasonable person in like position, drawing, when appropriate, on his or her training and experience, to suspect child abuse or neglect. "Reasonable suspicion" does not require certainty that child abuse or neglect has occurred nor does it require a specific medical indication of child abuse or neglect; any ‘reasonable suspicion’ is sufficient.” "(Penal Code, § 11166.)
Failure to report as required is a crime. (Penal Code, § 11166(c).) Specifically, failure to report as required constitutes a misdemeanor punishable by six months’ confinement in the county jail or by a fine of one thousand dollars or by both. (Penal Code, § 11166.)
The specifics of what constitutes child abuse are important and determine whether a report is necessary.
Mandated reporters are not responsible for investigating abuse or neglect. The report to law enforcement ensures that law enforcement investigates the suspected abuse or neglect.
To ensure the most appropriate response and investigation of alleged child abuse, it is critical that no school staff ask in-depth questions of children. Doing so could compromise the investigation. Engaging in any questioning of children will create a hindrance in the investigation since children will have to repeat any disclosure of abuse to child welfare services, law enforcement and district attorney.
The Child Abuse and Neglect Reporting Act has a number of specific definitions and should be consulted when considering whether a report is required. For reference, please see the linked sample CSBA Board Policy and Administrative Regulation. You should consult your district’s policy; it is typically found at 5141.4.
Be aware that abusers might be residents of the child’s home, relatives, other children, strangers, or employees of the school district. Mandated reporters must be ready and willing to report suspected abuse or neglect even if the suspected abuser is a colleague or employee. Remember, a school district’s administrative investigation for personnel purposes does not replace a mandated report or the law enforcement investigation that should follow.
For example, if you hear a well-liked colleague may have abused a student, it is not sufficient to conclude that it is impossible because you know him; that response does not fulfill your responsibility as a mandated reporter. The information about the suspected abuse and about that colleague should inform whether a report is required.
It is important for mandated reporters to understand that it is the responsibility of the individual, not the district, to make the report. Simply reporting to your supervisor does not relieve you of your responsibility.