Child Abuse and Neglect Reporting Act
Topic 1b DQ3
The State of California has a Child Abuse and Neglect Reporting Act (CANRA) that presents the state’s mandatory reporting law to address suspected and actual cases of child neglect and abuse. The law mandates certain professionals to make reports of such cases to social services agencies and law enforcement agencies. CANRA identifies professionals who have regular contact with child (such as religious leaders, visitation monitors, medical personnel, foster parents, emergency personnel, law enforcement officers, social workers, child carers, and educators) as mandated reporters. Mandated reporters who fail to make a report of an actual or suspected case of child neglect and/or abuse within 36 hours can be subjected to legal sanctions that include a fine not exceeding $1,000 and/or imprisonment for up to six months. The legal sanctions could increase to a fine not exceeding $5,000 and/or imprisonment for up to one year if the child experiences great bodily harm or dies. Mandated reporters have legal immunity from civil or criminal liability for making a report as required by CANRA (SHouse California Law Group, 2020a). Child Abuse and Neglect Reporting Act
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An example of a mandated reporter scenario would entail a child thought to be subjected to sexual abuse. If an eight-year-old child comes in for medical assessment and reports that her genitalia and breasts were touched by her uncle who also forced her to touch his crotch area then this would be considered a suspected case of lewd and lascivious acts with a minor child under Penal Code 288 of the state of California. The medical personnel who is attending to the child and gets the report of lewd behavior is mandated by CANRA to report the case to social services agencies and law enforcement agencies within 36 hours of being aware of the case dies (SHouse California Law Group, 2020b).
Once a mandated reporter is faced with the case described above, then the next step would be to make a report. The report must be made to an appropriate county child welfare agency or local law enforcement agency. This satisfies the legal requirement to make a report. In addition, the reporter can inform his or her supervisor and organization about the case. The report must be made immediately over the telephone and followed up with a written report and completed form presented by the agency to which the report is made. If the report cannot be made immediately over the telephone, then a fax or email can be used to send the initial report. Also, the reporter must include his/her identity as well as that of the child, although this will be kept confidential (California Department of Education, 2020). Child Abuse and Neglect Reporting Act
References
California Department of Education (2020). Child Abuse Identification & Reporting Guidelines. https://www.cde.ca.gov/ls/ss/ap/childabusereportingguide.asp
SHouse California Law Group (2020a). Mandated Reporters of Child Abuse in California. https://www.shouselaw.com/ca/defense/laws/mandatory-reporting/
SHouse California Law Group (2020b). Penal Code 288 PC – Lewd and Lascivious Acts with a Minor Child. https://www.shouselaw.com/ca/defense/penal-code/288/
Child Abuse and Neglect Reporting Act