This California law is found within the State’s Child Abuse and Neglect Reporting Act (CANRA). Show
Under this statute, mandatory reporters must report cases of abuse and neglect to:
Moreover, this report must be made within 36 hours of learning, or suspecting, the abuse and/or neglect. Examples of child abuse and child neglect under CANRA include:
As to the latter, please note that with the passage of Assembly Bill 1775 in 2014, abuse and neglect now includes the situation where a person downloads or accesses child pornography on the internet. Some of the mandatory reporters under CANRA are:
If a professional required to report under CANRA fails to do so, that person will be charged with a misdemeanor offense (as opposed to a California infraction or felony). As such, the crime is punishable by:
If a person fails in their child abuse reporting duties, and an instance of abuse or neglect leads to death or great bodily injury, the person can be punished with:
Our California criminal defense attorneys will highlight the following in this article: Under California’s “mandatory reporting law,” it is a crime if certain professionals do not report instances of actual or suspected abuse or neglect. 1. What is the legal definition of mandatory reporting?The Child Abuse and Neglect Reporting Act requires certain professionals to tell of actual or suspected instances of abuse and neglect of a minor. A “child,” under this statute, is defined as any person under the age of 18 – a minor.1 Professionals required to report under CANRA are referred to as “mandatory reporters.” And, they must detail A&N cases to:
Written reports must be made within 36 hours from when they first suspect abuse or neglect.4 A report of A&N shall include such information as:
2. Who must report under CANRA?The statute lists over 50 different professionals that are required to report instances of actual or suspected A&N of a minor. It does not matter whether they obtain this knowledge outside of their professional capacity. Some of these professionals include:
Mandatory reporters cannot report anonymously. But if the report turns out to be wrong, mandated reporters have immunity from criminal and civil liability under state law. Free reporter training is available online for mandatory reporters. (People who are not mandatory reporters can report abuse anonymously.) The intent and purpose of the statute is to promote child welfare and child abuse prevention. 3. What is the purpose of CANRA?The intent and purpose of the statute is to protect children from A&N. It is also to encourage all parties involved in an investigation of A&N to consider:
4. What is “child abuse” and “child neglect?”A&N are defined both:
4.1. Abuse and neglect under CANRA“Child neglect” is legally defined as the negligent treatment or the maltreatment of a minor by a person responsible for his/her welfare. The term includes both acts and omissions on the part of the responsible person.7 “Child abuse” is legally defined as any form of cruelty to a minor’s physical, moral or mental well-being.8 Some examples of A&N of a minor under CANRA include:
Please note that in 2014, the California Legislature passed Assembly Bill 1775. This law requires mandated reporters to report to the authorities if they know or suspect that someone has:
any child pornography on the internet.9 “Child abuse” is legally defined as any form of cruelty to a child’s physical, moral or mental well-being. 4.2. Abuse and neglect under California’s Penal CodePer California Penal Code 270 PC, neglect occurs when the parent of a minor willfully omits, without lawful excuse, to furnish necessary:
for his or her child.10 A related section — California Penal Code 270.1(a) — makes it a crime for a parent to fail to monitor and enforce a child’s school attendance. A person that commits neglect under PC 270 is guilty of a misdemeanor. The crime is punishable by:
Per California Penal Code 273(d), abuse occurs when a defendant imposes physical injury or cruel punishment on a minor.12 Examples of abuse under this section include:
Abuse, under PC 273(d), is a wobbler offense, meaning it can be charged as either a misdemeanor or a felony depending on:
As a misdemeanor, the offense is punishable by:
As a felony, the crime is punishable by:
5. What are the consequences if a person does not report under CANRA?If a mandatory reporter does not report an instance of child A&N, that person will be charged by the district attorney with a misdemeanor offense.15 As such, not abiding by reporting requirements is punishable by:
If a person willfully fails to report A&N, and the instance leads to death or great bodily injury, the person can be punished with:
A potential defense is that a reasonable person in the defendant’s position would not have suspected any A&N. If you or someone you know has been accused of not reporting child neglect or abuse per California’s Child Abuse and Neglect Reporting Act, we invite you to contact our California criminal defense attorneys for assistance. What happens if a mandated reporter fails to report in California?Failure to report is a misdemeanor crime punishable by up to six (6) months in jail and/or up to a $1000 fine six (6) months in jail and/or up to a $1000 fine. phone. A written report must be sent by fax or electronic submission within 36 hours of receiving the information regarding the incident.
When mandated reporters in California must report?Written reports must be made within 36 hours from when they first suspect abuse or neglect. A report of A&N shall include such information as: the name and contact information of the reporter, the title that makes the person a mandatory reporter, and.
What are the consequence of non reporting for mandated persons?What are the consequences of not reporting? The Children First Act 2015 does not impose criminal sanctions on mandated persons who fail to make a report to Tusla. However, if after an investigation it emerges that you did not make a mandated report and a child was subsequently left at risk or harmed.
Do California mandated reporters have to report general neglect?All persons who are mandated reporters are required, by law, to report all known or suspected cases of child abuse or neglect.
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