Oh, that makes me sick to my stomach. Is it illegal to fail to report statutory rape? I think churches have certain guidelines that they must report these types of activities to the police.
These abortion people should rot in prison.
"I think churches have certain guidelines that they must report these types of activities"
LOL
She is only 14? This is such an EVIL organization! Don't they know that abortions and miscarriages can cause many bad after effects??? I know, I had a miscarriage many years ago, and the D&C which is like an abortion kept me from getting pregnant for years. Some of the blood went into my fallopian tubes and blocked them. Took forever to get pregnant then! They don't tell the girls about this, or the link between abortion/miscarriage and breast cancer, or the deep depression that so many women suffer from years and years after aborting/killing their own child. Especially the ones who can't have another child. -or- Especially the ones who do have another child and see their aborted child every time they look at their child..... Some of these women have becomd suicidal.
I am sorry to hear about what you and your child went through. Abortion does hurt two people. In this case, it hurts two children and protects a rapist. I pray that no more children will die and no more children have to carry a hurt for the rest of their lives. These are terrible things that no child should go through. I am pretty sure God has a place in heaven for these little ones.
http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=5402144983+2+0+0&WAISaction=retrieve
FYI, I couldn't link to the above document, but this is what it contains. It does mention mandated reporting of suspected child rape.
CALIFORNIA CODES
PENAL CODE
SECTION 11164-11174.3
11164. (a) This article shall be known and may be cited as the
Child Abuse and Neglect Reporting Act.
(b) The intent and purpose of this article is to protect children
from abuse and neglect. In any investigation of suspected child
abuse or neglect, all persons participating in the investigation of
the case shall consider the needs of the child victim and shall do
whatever is necessary to prevent psychological harm to the child
victim.
11165. As used in this article "child" means a person under the age
of 18 years.
11165.1. As used in this article, "sexual abuse" means sexual
assault or sexual exploitation as defined by the following:
(a) "Sexual assault" means conduct in violation of one or more of
the following sections: Section 261 (rape), subdivision (d) of
Section 261.5 (statutory rape), 264.1 (rape in concert), 285
(incest), 286 (sodomy), subdivision (a) or (b), or paragraph (1) of
subdivision (c) of Section 288 (lewd or lascivious acts upon a
child), 288a (oral copulation), 289 (sexual penetration), or 647.6
(child molestation).
(b) Conduct described as "sexual assault" includes, but is not
limited to, all of the following:
(1) Any penetration, however slight, of the vagina or anal opening
of one person by the penis of another person, whether or not there
is the emission of semen.
(2) Any sexual contact between the genitals or anal opening of one
person and the mouth or tongue of another person.
(3) Any intrusion by one person into the genitals or anal opening
of another person, including the use of any object for this purpose,
except that, it does not include acts performed for a valid medical
purpose.
(4) The intentional touching of the genitals or intimate parts
(including the breasts, genital area, groin, inner thighs, and
buttocks) or the clothing covering them, of a child, or of the
perpetrator by a child, for purposes of sexual arousal or
gratification, except that, it does not include acts which may
reasonably be construed to be normal caretaker responsibilities;
interactions with, or demonstrations of affection for, the child; or
acts performed for a valid medical purpose.
(5) The intentional masturbation of the perpetrator's genitals in
the presence of a child.
(c) "Sexual exploitation" refers to any of the following:
(1) Conduct involving matter depicting a minor engaged in obscene
acts in violation of Section 311.2 (preparing, selling, or
distributing obscene matter) or subdivision (a) of Section 311.4
(employment of minor to perform obscene acts).
(2) Any person who knowingly promotes, aids, or assists, employs,
uses, persuades, induces, or coerces a child, or any person
responsible for a child's welfare, who knowingly permits or
encourages a child to engage in, or assist others to engage in,
prostitution or a live performance involving obscene sexual conduct,
or to either pose or model alone or with others for purposes of
preparing a film, photograph, negative, slide, drawing, painting, or
other pictorial depiction, involving obscene sexual conduct. For the
purpose of this section, "person responsible for a child's welfare"
means a parent, guardian, foster parent, or a licensed administrator
or employee of a public or private residential home, residential
school, or other residential institution.
(3) Any person who depicts a child in, or who knowingly develops,
duplicates, prints, or exchanges, any film, photograph, video tape,
negative, or slide in which a child is engaged in an act of obscene
sexual conduct, except for those activities by law enforcement and
prosecution agencies and other persons described in subdivisions (c)
and (e) of Section 311.3.
11165.2. As used in this article, "neglect" means the negligent
treatment or the maltreatment of a child by a person responsible for
the child's welfare under circumstances indicating harm or threatened
harm to the child's health or welfare. The term includes both acts
and omissions on the part of the responsible person.
(a) "Severe neglect" means the negligent failure of a person
having the care or custody of a child to protect the child from
severe malnutrition or medically diagnosed nonorganic failure to
thrive. "Severe neglect" also means those situations of neglect
where any person having the care or custody of a child willfully
causes or permits the person or health of the child to be placed in a
situation such that his or her person or health is endangered, as
proscribed by Section 11165.3, including the intentional failure to
provide adequate food, clothing, shelter, or medical care.
(b) "General neglect" means the negligent failure of a person
having the care or custody of a child to provide adequate food,
clothing, shelter, medical care, or supervision where no physical
injury to the child has occurred.
For the purposes of this chapter, a child receiving treatment by
spiritual means as provided in Section 16509.1 of the Welfare and
Institutions Code or not receiving specified medical treatment for
religious reasons, shall not for that reason alone be considered a
neglected child. An informed and appropriate medical decision made
by parent or guardian after consultation with a physician or
physicians who have examined the minor does not constitute neglect.
11165.3. As used in this article, "willful cruelty or unjustifiable
punishment of a child" means a situation where any person willfully
causes or permits any child to suffer, or inflicts thereon,
unjustifiable physical pain or mental suffering, or having the care
or custody of any child, willfully causes or permits the person or
health of the child to be placed in a situation such that his or her
person or health is endangered.
11165.4. As used in this article, "unlawful corporal punishment or
injury" means a situation where any person willfully inflicts upon
any child any cruel or inhuman corporal punishment or injury
resulting in a traumatic condition. It does not include an amount of
force that is reasonable and necessary for a person employed by or
engaged in a public school to quell a disturbance threatening
physical injury to person or damage to property, for purposes of
self-defense, or to obtain possession of weapons or other dangerous
objects within the control of the pupil, as authorized by Section
49001 of the Education Code. It also does not include the exercise
of the degree of physical control authorized by Section 44807 of the
Education Code. It also does not include an injury caused by
reasonable and necessary force used by a peace officer acting within
the course and scope of his or her employment as a peace officer.
11165.5. As used in this article, the term "abuse or neglect in
out-of-home care" includes physical injury inflicted upon a child by
another person by other than accidental means , sexual abuse as
defined in Section 11165.1, neglect as defined in Section 11165.2,
unlawful corporal punishment or injury as defined in Section 11165.4,
or the willful cruelty or unjustifiable punishment of a child, as
defined in Section 11165.3, where the person responsible for the
child's welfare is a licensee, administrator, or employee of any
facility licensed to care for children, or an administrator or
employee of a public or private school or other institution or
agency. "Abuse or neglect in out-of-home care" does not include an
injury caused by reasonable and necessary force used by a peace
officer acting within the course and scope of his or her employment
as a peace officer.
11165.6. As used in this article, the term "child abuse or neglect"
includes physical injury inflicted by other than accidental means
upon a child by another person, sexual abuse as defined in Section
11165.1, neglect as defined in Section 11165.2, willful cruelty or
unjustifiable punishment as defined in Section 11165.3, and unlawful
corporal punishment or injury as defined in Section 11165.4. "Child
abuse or neglect" does not include a mutual affray between minors.
"Child abuse or neglect" does not include an injury caused by
reasonable and necessary force used by a peace officer acting within
the course and scope of his or her employment as a peace officer.
11165.7. (a) As used in this article, "mandated reporter" is
defined as any of the following:
(1) A teacher.
(2) An instructional aide.
(3) A teacher's aide or teacher's assistant employed by any public
or private school.
(4) A classified employee of any public school.
(5) An administrative officer or supervisor of child welfare and
attendance, or a certificated pupil personnel employee of any public
or private school.
(6) An administrator of a public or private day camp.
(7) An administrator or employee of a public or private youth
center, youth recreation program, or youth organization.
(8) An administrator or employee of a public or private
organization whose duties require direct contact and supervision of
children.
(9) Any employee of a county office of education or the California
Department of Education, whose duties bring the employee into
contact with children on a regular basis.
(10) A licensee, an administrator, or an employee of a licensed
community care or child day care facility.
(11) A headstart teacher.
(12) A licensing worker or licensing evaluator employed by a
licensing agency as defined in Section 11165.11.
(13) A public assistance worker.
(14) An employee of a child care institution, including, but not
limited to, foster parents, group home personnel, and personnel of
residential care facilities.
(15) A social worker, probation officer, or parole officer.
(16) An employee of a school district police or security
department.
(17) Any person who is an administrator or presenter of, or a
counselor in, a child abuse prevention program in any public or
private school.
(18) A district attorney investigator, inspector, or local child
support agency caseworker unless the investigator, inspector, or
caseworker is working with an attorney appointed pursuant to Section
317 of the Welfare and Institutions Code to represent a minor.
(19) A peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, who is not otherwise described in
this section.
(20) A firefighter, except for volunteer firefighters.
(21) A physician, surgeon, psychiatrist, psychologist, dentist,
resident, intern, podiatrist, chiropractor, licensed nurse, dental
hygienist, optometrist, marriage, family and child counselor,
clinical social worker, or any other person who is currently licensed
under Division 2 (commencing with Section 500) of the Business and
Professions Code.
(22) Any emergency medical technician I or II, paramedic, or other
person certified pursuant to Division 2.5 (commencing with Section
1797) of the Health and Safety Code.
(23) A psychological assistant registered pursuant to Section 2913
of the Business and Professions Code.
(24) A marriage, family and child therapist trainee, as defined in
subdivision (c) of Section 4980.03 of the Business and Professions
Code.
(25) An unlicensed marriage, family, and child therapist intern
registered under Section 4980.44 of the Business and Professions
Code.
(26) A state or county public health employee who treats a minor
for venereal disease or any other condition.
(27) A coroner.
(28) A medical examiner, or any other person who performs
autopsies.
(29) A commercial film and photographic print processor, as
specified in subdivision (e) of Section 11166. As used in this
article, "commercial film and photographic print processor" means any
person who develops exposed photographic film into negatives,
slides, or prints, or who makes prints from negatives or slides, for
compensation. The term includes any employee of such a person; it
does not include a person who develops film or makes prints for a
public agency.
(30) A child visitation monitor. As used in this article, "child
visitation monitor" means any person who, for financial compensation,
acts as monitor of a visit between a child and any other person when
the monitoring of that visit has been ordered by a court of law.
(31) An animal control officer or humane society officer. For the
purposes of this article, the following terms have the following
meanings:
(A) "Animal control officer" means any person employed by a city,
county, or city and county for the purpose of enforcing animal
control laws or regulations.
(B) "Humane society officer" means any person appointed or
employed by a public or private entity as a humane officer who is
qualified pursuant to Section 14502 or 14503 of the Corporations
Code.
(32) A clergy member, as specified in subdivision (c) of Section
11166. As used in this article, "clergy member" means a priest,
minister, rabbi, religious practitioner, or similar functionary of a
church, temple, or recognized denomination or organization.
(33) Any custodian of records of a clergy member, as specified in
this section and subdivision (c) of Section 11166.
(34) Any employee of any police department, county sheriff's
department, county probation department, or county welfare
department.
(35) An employee or volunteer of a Court Appointed Special
Advocate program, as defined in Rule 1424 of the Rules of Court.
(b) Volunteers of public or private organizations whose duties
require direct contact and supervision of children are encouraged to
obtain training in the identification and reporting of child abuse.
(c) Training in the duties imposed by this article shall include
training in child abuse identification and training in child abuse
reporting. As part of that training, school districts shall provide
to all employees being trained a written copy of the reporting
requirements and a written disclosure of the employees'
confidentiality rights.
(d) School districts that do not train their employees specified
in subdivision (a) in the duties of mandated reporters under the
child abuse reporting laws shall report to the State Department of
Education the reasons why this training is not provided.
(e) The absence of training shall not excuse a mandated reporter
from the duties imposed by this article.
11165.9. Reports of suspected child abuse or neglect shall be made
by mandated reporters to any police department or sheriff's
department, not including a school district police or security
department, county probation department, if designated by the county
to receive mandated reports, or the county welfare department. Any
of those agencies shall accept a report of suspected child abuse or
neglect whether offered by a mandated reporter or another person, or
referred by another agency, even if the agency to whom the report is
being made lacks subject matter or geographical jurisdiction to
investigate the reported case, unless the agency can immediately
electronically transfer the call to an agency with proper
jurisdiction. When an agency takes a report about a case of
suspected child abuse or neglect in which that agency lacks
jurisdiction, the agency shall immediately refer the case by
telephone, fax, or electronic transmission to an agency with proper
jurisdiction.
11165.11. As used in this article, "licensing agency" means the
State Department of Social Services office responsible for the
licensing and enforcement of the California Community Care
Facilities Act (Chapter 3 (commencing with Section 1500) of Division
2 of the Health and Safety Code), the California Child Day Care Act
(Chapter 3.4 (commencing with Section 1596.70) of Division 2 of the
Health and Safety Code), and Chapter 3.5 (commencing with Section
1596.90) of Division 2 of the Health and Safety Code), or the county
licensing agency which has contracted with the state for performance
of those duties.
11165.12. As used in this article, the following definitions shall
control:
(a) "Unfounded report" means a report which is determined by the
investigator who conducted the investigation to be false, to be
inherently improbable, to involve an accidental injury, or not to
constitute child abuse or neglect, as defined in Section 11165.6.
(b) "Substantiated report" means a report which is determined by
the investigator who conducted the investigation, based upon some
credible evidence, to constitute child abuse or neglect, as defined
in Section 11165.6.
(c) "Inconclusive report" means a report which is determined by
the investigator who conducted the investigation not to be unfounded,
but in which the findings are inconclusive and there is insufficient
evidence to determine whether child abuse or neglect, as defined in
Section 11165.6, has occurred.
11165.13. For purposes of this article, a positive toxicology
screen at the time of the delivery of an infant is not in and of
itself a sufficient basis for reporting child abuse or neglect.
However, any indication of maternal substance abuse shall lead to an
assessment of the needs of the mother and child pursuant to Section
123605 of the Health and Safety Code. If other factors are present
that indicate risk to a child, then a report shall be made. However,
a report based on risk to a child which relates solely to the
inability of the parent to provide the child with regular care due to
the parent's substance abuse shall be made only to a county welfare
or probation department, and not to a law enforcement agency.
11165.14. The appropriate local law enforcement agency shall
investigate a child abuse complaint filed by a parent or guardian of
a pupil with a school or an agency specified in Section 11165.9
against a school employee or other person that commits an act of
child abuse, as defined in this article, against a pupil at a
schoolsite and shall transmit a substantiated report, as defined in
Section 11165.12, of that investigation to the governing board of the
appropriate school district or county office of education. A
substantiated report received by a governing board of a school
district or county office of education shall be subject to the
provisions of Section 44031 of the Education Code.
11166. (a) Except as provided in subdivision (c), a mandated
reporter shall make a report to an agency specified in Section
11165.9 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 child abuse or neglect. The
mandated reporter shall make a report to the agency immediately or as
soon as is practicably possible by telephone, and the mandated
reporter shall prepare and send a written report thereof within 36
hours of receiving the information concerning the incident. The
mandated reporter may include with the report any nonprivileged
documentary evidence the mandated reporter possesses relating to the
incident.
(1) For the purposes of this article, "reasonable suspicion" means
that it is objectively reasonable for a person to entertain a
suspicion, based upon facts that could cause a reasonable person in a
like position, drawing, when appropriate, on his or her training and
experience, to suspect child abuse or neglect. For the purpose of
this article, the pregnancy of a minor does not, in and of itself,
constitute a basis for a reasonable suspicion of sexual abuse.
(2) The agency shall be notified and a report shall be prepared
and sent even if the child has expired, regardless of whether or not
the possible abuse was a factor contributing to the death, and even
if suspected child abuse was discovered during an autopsy.
(3) A report made by a mandated reporter pursuant to this section
shall be known as a mandated report.
(b) Any mandated reporter who fails to report an incident of known
or reasonably suspected child abuse or neglect as required by this
section is guilty of a misdemeanor punishable by up to six months
confinement in a county jail or by a fine of one thousand dollars
($1,000) or by both that fine and punishment.
(c) (1) A clergy member who acquires knowledge or a reasonable
suspicion of child abuse or neglect during a penitential
communication is not subject to subdivision (a). For the purposes of
this subdivision, "penitential communication" means a communication,
intended to be in confidence, including, but not limited to, a
sacramental confession, made to a clergy member who, in the course of
the discipline or practice of his or her church, denomination, or
organization, is authorized or accustomed to hear those
communications, and under the discipline, tenets, customs, or
practices of his or her church, denomination, or organization, has a
duty to keep those communications secret.
(2) Nothing in this subdivision shall be construed to modify or
limit a clergy member's duty to report known or suspected child abuse
or neglect when the clergy member is acting in some other capacity
that would otherwise make the clergy member a mandated reporter.
(3) (A) On or before January 1, 2004, a clergy member or any
custodian of records for the clergy member may report to an agency
specified in Section 11165.9 that the clergy member or any custodian
of records for the clergy member, prior to January 1, 1997, in his or
her professional capacity or within the scope of his or her
employment, other than during a penitential communication, acquired
knowledge or had a reasonable suspicion that a child had been the
victim of sexual abuse that the clergy member or any custodian of
records for the clergy member did not previously report the abuse to
an agency specified in Section 11165.9. The provisions of Section
11172 shall apply to all reports made pursuant to this paragraph.
(B) This paragraph shall apply even if the victim of the known or
suspected abuse has reached the age of majority by the time the
required report is made.
(C) The local law enforcement agency shall have jurisdiction to
investigate any report of child abuse made pursuant to this paragraph
even if the report is made after the victim has reached the age of
majority.
(d) Any commercial film and photographic print processor who has
knowledge of or observes, within the scope of his or her professional
capacity or employment, any film, photograph, videotape, negative,
or slide depicting a child under the age of 16 years engaged in an
act of sexual conduct, shall report the instance of suspected child
abuse to the law enforcement agency having jurisdiction over the case
immediately, or as soon as practically possible, by telephone, and
shall prepare and send a written report of it with a copy of the
film, photograph, videotape, negative, or slide attached within 36
hours of receiving the information concerning the incident. As used
in this subdivision, "sexual conduct" means any of the following:
(1) Sexual intercourse, including genital-genital, oral-genital,
anal-genital, or oral-anal, whether between persons of the same or
opposite sex or between humans and animals.
(2) Penetration of the vagina or rectum by any object.
(3) Masturbation for the purpose of sexual stimulation of the
viewer.
(4) Sadomasochistic abuse for the purpose of sexual stimulation of
the viewer.
(5) Exhibition of the genitals, pubic, or rectal areas of any
person for the purpose of sexual stimulation of the viewer.
(e) Any other person who has knowledge of or observes a child whom
he or she knows or reasonably suspects has been a victim of child
abuse or neglect may report the known or suspected instance of child
abuse or neglect to an agency specified in Section 11165.9.
(f) 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.
(g) (1) The reporting duties under this section are individual,
and no supervisor or administrator may impede or inhibit the
reporting duties, and no person making a report shall be subject to
any sanction for making the report. However, internal procedures to
facilitate reporting and apprise supervisors and administrators of
reports may be established provided that they are not inconsistent
with this article.
(2) The internal procedures shall not require any employee
required to make reports pursuant to this article to disclose his or
her identity to the employer.
(3) Reporting the information regarding a case of possible child
abuse or neglect to an employer, supervisor, school principal, school
counselor, coworker, or other person shall not be a substitute for
making a mandated report to an agency specified in Section 11165.9.
(h) A county probation or welfare department shall immediately, or
as soon as practically possible, report by telephone, fax, or
electronic transmission to the law enforcement agency having
jurisdiction over the case, to the agency given the responsibility
for investigation of cases under Section 300 of the Welfare and
Institutions Code, and to the district attorney's office every known
or suspected instance of child abuse or neglect, as defined in
Section 11165.6, except acts or omissions coming within subdivision
(b) of Section 11165.2, or reports made pursuant to Section 11165.13
based on risk to a child which relates solely to the inability of the
parent to provide the child with regular care due to the parent's
substance abuse, which shall be reported only to the county welfare
or probation department. A county probation or welfare department
also shall send, fax, or electronically transmit a written report
thereof within 36 hours of receiving the information concerning the
incident to any agency to which it makes a telephone report under
this subdivision.
(i) A law enforcement agency shall immediately, or as soon as
practically possible, report by telephone to the agency given
responsibility for investigation of cases under Section 300 of the
Welfare and Institutions Code and to the district attorney's office
every known or suspected instance of child abuse or neglect reported
to it, except acts or omissions coming within subdivision (b) of
Section 11165.2, which shall be reported only to the county welfare
or probation department. A law enforcement agency shall report to
the county welfare or probation department every known or suspected
instance of child abuse or neglect reported to it which is alleged to
have occurred as a result of the action of a person responsible for
the child's welfare, or as the result of the failure of a person
responsible for the child's welfare to adequately protect the minor
from abuse when the person responsible for the child's welfare knew
or reasonably should have known that the minor was in danger of
abuse. A law enforcement agency also shall send, fax, or
electronically transmit a written report thereof within 36 hours of
receiving the information concerning the incident to any agency to
which it makes a telephone report under this subdivision.
11166.05. Any mandated reporter who has knowledge of or who
reasonably suspects that mental suffering has been inflicted upon a
child or that his or her emotional well-being is endangered in any
other way may report the known or suspected instance of child abuse
or neglect to an agency specified in Section 11165.9.
11166.1. (a) When an agency receives a report pursuant to Section
11166 that contains either of the following, it shall, within 24
hours, notify the licensing office with jurisdiction over the
facility:
(1) A report of abuse alleged to have occurred in facilities
licensed to care for children by the State Department of Social
Services.
(2) A report of the death of a child who was, at the time of
death, living at, enrolled in, or regularly attending a facility
licensed to care for children by the State Department of Social
Services, unless the circumstances of the child's death are clearly
unrelated to the child's care at the facility.
The agency shall send the licensing agency a copy of its
investigation and any other pertinent materials.
(b) Any employee of an agency specified in Section 11165.9 who has
knowledge of, or observes in his or her professional capacity or
within the scope of his or her employment, a child in protective
custody whom he or she knows or reasonably suspects has been the
victim of child abuse or neglect shall, within 36 hours, send or have
sent to the attorney who represents the child in dependency court, a
copy of the report prepared in accordance with Section 11166. The
agency shall maintain a copy of the written report. All information
requested by the attorney for the child or the child's guardian ad
litem shall be provided by the agency within 30 days of the request.
11166.2. In addition to the reports required under Section 11166,
any agency specified in Section 11165.9 shall immediately or as soon
as practically possible report by telephone, fax, or electronic
transmission to the appropriate licensing agency every known or
suspected instance of child abuse or neglect when the instance of
abuse or neglect occurs while the child is being cared for in a child
day care facility, involves a child day care licensed staff person,
or occurs while the child is under the supervision of a community
care facility or involves a community care facility licensee or staff
person. The agency shall also send, fax, or electronically transmit
a written report thereof within 36 hours of receiving the
information concerning the incident to any agency to which it makes a
telephone report under this subdivision. The agency shall send the
licensing agency a copy of its investigation report and any other
pertinent materials.
11166.3. (a) The Legislature intends that in each county the law
enforcement agencies and the county welfare or probation department
shall develop and implement cooperative arrangements in order to
coordinate existing duties in connection with the investigation of
suspected child abuse or neglect cases. The local law enforcement
agency having jurisdiction over a case reported under Section 11166
shall report to the county welfare or probation department that it is
investigating the case within 36 hours after starting its
investigation. The county welfare department or probation department
shall, in cases where a minor is a victim of actions specified in
Section 288 of this code and a petition has been filed pursuant to
Section 300 of the Welfare and Institutions Code with regard to the
minor, evaluate what action or actions would be in the best interest
of the child victim. Notwithstanding any other provision of law, the
county welfare department or probation department shall submit in
writing its findings and the reasons therefor to the district
attorney on or before the completion of the investigation. The
written findings and the reasons therefor shall be delivered or made
accessible to the defendant or his or her counsel in the manner
specified in Section 859.
(b) The local law enforcement agency having jurisdiction over a
case reported under Section 11166 shall report to the district office
of the State Department of Social Services any case reported under
this section if the case involves a facility specified in paragraph
(5) or (6) of subdivision (a) of Section 1502, Section 1596.750 or
1596.76 of the Health and Safety Code, and the licensing of the
facility has not been delegated to a county agency. The law
enforcement agency shall send a copy of its investigation report and
any other pertinent materials to the licensing agency upon the
request of the licensing agency.
11166.5. (a) On and after January 1, 1985, any mandated reporter as
specified in Section 11165.7, with the exception of child visitation
monitors, prior to commencing his or her employment, and as a
prerequisite to that employment, shall sign a statement on a form
provided to him or her by his or her employer to the effect that he
or she has knowledge of the provisions of Section 11166 and will
comply with those provisions. The statement shall inform the
employee that he or she is a mandated reporter and inform the
employee of his or her reporting obligations under Section 11166.
The employer shall provide a copy of Sections 11165.7 and 11166 to
the employee.
On and after January 1, 1993, any person who acts as a child
visitation monitor, as defined in paragraph (30) of subdivision (a)
of Section 11165.7, prior to engaging in monitoring the first visit
in a case, shall sign a statement on a form provided to him or her by
the court which ordered the presence of that third person during the
visit, to the effect that he or she has knowledge of the provisions
of Section 11166 and will comply with those provisions.
The signed statements shall be retained by the employer or the
court, as the case may be. The cost of printing, distribution, and
filing of these statements shall be borne by the employer or the
court.
This subdivision is not applicable to persons employed by public
or private youth centers, youth recreation programs, and youth
organizations 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.
(b) On and after January 1, 1986, when a person is issued a state
license or certificate to engage in a profession or occupation, the
members of which are required to make a report pursuant to Section
11166, the state agency issuing the license or certificate shall send
a statement substantially similar to the one contained in
subdivision (a) to the person at the same time as it transmits the
document indicating licensure or certification to the person. In
addition to the requirements contained in subdivision (a), the
statement also shall indicate that failure to comply with the
requirements of Section 11166 is a misdemeanor, punishable by up to
six months in a county jail, by a fine of one thousand dollars
($1,000), or by both that imprisonment and fine.
(c) As an alternative to the procedure required by subdivision
(b), a state agency may cause the required statement to be printed on
all application forms for a license or certificate printed on or
after January 1, 1986.
(d) On and after January 1, 1993, any child visitation monitor, as
defined in paragraph (30) of subdivision (a) of Section 11165.7, who
desires to act in that capacity shall have received training in the
duties imposed by this article, including training in child abuse
identification and child abuse reporting. The person, prior to
engaging in monitoring the first visit in a case, shall sign a
statement on a form provided to him or her by the court which ordered
the presence of that third person during the visit, to the effect
that he or she has received this training. This statement may be
included in the statement required by subdivision (a) or it may be a
separate statement. This statement shall be filed, along with the
statement required by subdivision (a), in the court file of the case
for which the visitation monitoring is being provided.
11166.7. (a) Each county may establish an interagency child death
team to assist local agencies in identifying and reviewing suspicious
child deaths and facilitating communication among persons who
perform autopsies and the various persons and agencies involved in
child abuse or neglect cases. Interagency child death teams have
been used successfully to ensure that incidents of child abuse or
neglect are recognized and other siblings and nonoffending family
members receive the appropriate services in cases where a child has
expired.
(b) Each county may develop a protocol that may be used as a
guideline by persons performing autopsies on children to assist
coroners and other persons who perform autopsies in the
identification of child abuse or neglect, in the determination of
whether child abuse or neglect contributed to death or whether child
abuse or neglect had occurred prior to but was not the actual cause
of death, and in the proper written reporting procedures for child
abuse or neglect, including the designation of the cause and mode of
death.
(c) In developing an interagency child death team and an autopsy
protocol, each county, working in consultation with local members of
the California State Coroner's Association and county child abuse
prevention coordinating councils, may solicit suggestions and final
comments from persons, including but not limited to, the following:
(1) Experts in the field of forensic pathology.
(2) Pediatricians with expertise in child abuse.
(3) Coroners and medical examiners.
(4) Criminologists.
(5) District attorneys.
(6) Child protective services staff.
(7) Law enforcement personnel.
(8) Representatives of local agencies which are involved with
child abuse or neglect reporting.
(9) County health department staff who deals with children's
health issues.
(10) Local professional associations of persons described in
paragraphs (1) to (9), inclusive.
11166.8. Subject to available funding, the Attorney General,
working with the California Consortium of Child Abuse Councils, shall
develop a protocol for the development and implementation of
interagency child death teams for use by counties, which shall
include relevant procedures for both urban and rural counties. The
protocol shall be designed to facilitate communication among persons
who perform autopsies and the various persons and agencies involved
in child abuse or neglect cases so that incidents of child abuse or
neglect are recognized and other siblings and nonoffending family
members receive the appropriate services in cases where a child has
expired. The protocol shall be completed on or before January 1,
1991.
11166.9. (a) (1) The purpose of this section shall be to coordinate
and integrate state and local efforts to address fatal child abuse
or neglect, and to create a body of information to prevent child
deaths.
(2) It is the intent of the Legislature that the California State
Child Death Review Council, the Department of Justice, the State
Department of Social Services, the State Department of Health
Services, and state and local child death review teams shall share
data and other information necessary from the Department of Justice
Child Abuse Central Index and Supplemental Homicide File, the State
Department of Health Services Vital Statistics and the Department of
Social Services Child Welfare Services/Case Management System files
to establish accurate information on the nature and extent of child
abuse or neglect related fatalities in California as those documents
relate to child fatality cases. Further, it is the intent of the
Legislature to ensure that records of child abuse or neglect related
fatalities are entered into the State Department of Social Services,
Child Welfare Services/Case Management System. It is also the intent
that training and technical assistance be provided to child death
review teams and professionals in the child protection system
regarding multiagency case review.
(b) (1) It shall be the duty of the California State Child Death
Review Council to oversee the statewide coordination and integration
of state and local efforts to address fatal child abuse or neglect
and to create a body of information to prevent child deaths. The
Department of Justice, the State Department of Social Services, the
State Department of Health Services, the California Coroner's
Association, the County Welfare Directors Association, Prevent Child
Abuse California, the California Homicide Investigators Association,
the Office of Criminal Justice Planning, the Inter-Agency Council on
Child Abuse and Neglect/National Center on Child Fatality Review, the
California Conference of Local Health Officers, the California
Conference of Local Directors of Maternal, Child, and Adolescent
Health, the California Conference of Local Health Department Nursing
Directors, the California District Attorneys Association, and at
least three regional representatives, chosen by the other members of
the council, working collaboratively for the purposes of this
section, shall be known as the California State Child Death Review
Council. The council shall select a chairperson or cochairpersons
from the members.
(2) The Department of Justice is hereby authorized to carry out
the purposes of this section by coordinating council activities and
working collaboratively with the agencies and organizations in
paragraph (1), and may consult with other representatives of other
agencies and private organizations, to help accomplish the purpose of
this section.
(c) Meetings of the agencies and organizations involved shall be
convened by a representative of the Department of Justice. All
meetings convened between the Department of Justice and any
organizations required to carry out the purpose of this section shall
take place in this state. There shall be a minimum of four meetings
per calendar year.
(d) To accomplish the purpose of this section, the Department of
Justice and agencies and organizations involved shall engage in the
following activities:
(1) Analyze and interpret state and local data on child death in
an annual report to be submitted to local child death review teams
with copies to the Governor and the Legislature, no later than July 1
each year. Copies of the report shall also be distributed to public
officials in the state who deal with child abuse issues and to those
agencies responsible for child death investigation in each county.
The report shall contain, but not be limited to, information provided
by state agencies and the county child death review teams for the
preceding year.
The state data shall include the Department of Justice Child Abuse
Central Index and Supplemental Homicide File, the State Department
of Health Services Vital Statistics, and the State Department of
Social Services Child Welfare Services/Case Management System.
(2) In conjunction with the Office of Criminal Justice Planning,
coordinate statewide and local training for county death review teams
and the members of the teams, including, but not limited to,
training in the application of the interagency child death
investigation protocols and procedures established under Sections
11166.7 and 11166.8 to identify child deaths associated with abuse or
neglect.
(e) The State Department of Health Services, in collaboration with
the California State Child Death Review Council, shall design, test
and implement a statewide child abuse or neglect fatality tracking
system incorporating information collected by local child death
review teams. The department shall:
(1) Establish a minimum case selection criteria and review
protocols of local child death review teams.
(2) Develop a standard child death review form with a minimum core
set of data elements to be used by local child death review teams,
and collect and analyze that data.
(3) Establish procedural safeguards in order to maintain
appropriate confidentiality and integrity of the data.
(4) Conduct annual reviews to reconcile data reported to the State
Department of Health Services Vital Statistics, Department of
Justice Homicide Files and Child Abuse Central Index, and the State
Department of Social Services Child Welfare Services/Case Management
System data systems, with data provided from local child death review
teams.
(5) Provide technical assistance to local child death review teams
in implementing and maintaining the tracking system.
(6) This subdivision shall become operative on July 1, 2000, and
shall be implemented only to the extent that funds are appropriated
for its purposes in the Budget Act.
(f) Local child death review teams shall participate in a
statewide child abuse or neglect fatalities monitoring system by:
(1) Meeting the minimum standard protocols set forth by the State
Department of Health Services in collaboration with the California
State Child Death Review Council.
(2) Using the standard data form to submit information on child
abuse or neglect fatalities in a timely manner established by the
State Department of Health Services.
(g) The California State Child Death Review Council shall monitor
the implementation of the monitoring system and incorporate the
results and findings of the system and review into an annual report.
(h) The Department of Justice shall direct the creation,
maintenance, updating, and distribution electronically and by paper,
of a statewide child death review team directory, which shall contain
the names of the members of the agencies and private organizations
participating under this section, and the members of local child
death review teams and local liaisons to those teams. The department
shall work in collaboration with members of the California State
Child Death Review Council to develop a directory of professional
experts, resources, and information from relevant agencies and
organizations and local child death review teams, and to facilitate
regional working relationships among teams. The Department of
Justice shall maintain and update these directories annually.
(i) The agencies or private organizations participating under this
section shall participate without reimbursement from the state.
Costs incurred by participants for travel or per diem shall be borne
by the participant agency or organization. The participants shall be
responsible for collecting and compiling information to be included
in the annual report. The Department of Justice shall be responsible
for printing and distributing the annual report using available
funds and existing resources.
(j) The Office of Criminal Justice Planning, in coordination with
the State Department of Social Services, the Department of Justice,
and the California State Child Death Review Council shall contract
with state or nationally recognized organizations in the area of
child death review to conduct statewide training and technical
assistance for local child death review teams and relevant
organizations, develop standardized definitions for fatal child abuse
or neglect, develop protocols for the investigation of fatal child
abuse or neglect, and address relevant issues such as grief and
mourning, data collection, training for medical personnel in the
identification of child abuse or neglect fatalities, domestic
violence fatality review, and other related topics and programs. The
provisions of this subdivision shall only be implemented to the
extent that the Office of Criminal Justice Planning can absorb the
costs of implementation within its current funding, or to the extent
that funds are appropriated for its purposes in the Budget Act.
(k) Law enforcement and child welfare agencies shall cross-report
all cases of child death suspected to be related to child abuse or
neglect whether or not the deceased child has any known surviving
siblings.
(l) County child welfare agencies shall create a record in the
Child Welfare Services/Case Management System (CWS/CMS) on all cases
of child death suspected to be related to child abuse or neglect,
whether or not the deceased child has any known surviving siblings.
Upon notification that the death was determined not to be related to
child abuse or neglect, the child welfare agency shall enter that
information into the Child Welfare Services/Case Management System.
11166.95. The State Department of Social Services shall work with
state and local child death review teams and child protective
services agencies in order to identify child death cases that were,
or should have been, reported to or by county child protective
services agencies. Findings made pursuant to this section shall be
used to determine the extent of child abuse or neglect fatalities
occurring in families known to child protective services agencies and
to define child welfare training needs for reporting,
cross-reporting, data integration, and involvement by child
protective services agencies in multiagency review in child deaths.
The State Department of Social Services, the State Department of
Health Services, and the Department of Justice shall develop a plan
to track and maintain data on child deaths from abuse or neglect, and
submit this plan, not later than December 1, 1997, to the Senate
Committee on Health and Human Services, the Assembly Committee on
Human Services, and the chairs of the fiscal committees of the
Legislature.
11167. (a) Reports of suspected child abuse or neglect pursuant to
Section 11166 shall include, if known, the name, business address,
and telephone number of the mandated reporter, and the capacity that
makes the person a mandated reporter; the child's name and address,
present location, and, where applicable, school, grade, and class;
the names, addresses, and telephone numbers of the child's parents or
guardians; the information that gave rise to the reasonable
suspicion of child abuse or neglect and the source or sources of that
information; and the name, address, telephone number, and other
relevant personal information about the person or persons who might
have abused or neglected the child. The mandated reporter shall make
a report even if some of this information is not known or is
uncertain to him or her.
(b) Information relevant to the incident of child abuse or neglect
may be given to an investigator from an agency that is investigating
the known or suspected case of child abuse or neglect.
(c) Information relevant to the incident of child abuse or
neglect, including the investigation report and other pertinent
materials, may be given to the licensing agency when it is
investigating a known or suspected case of child abuse or neglect.
(d) (1) The identity of all persons who report under this article
shall be confidential and disclosed only among agencies receiving or
investigating mandated reports, to the district attorney in a
criminal prosecution or in an action initiated under Section 602 of
the Welfare and Institutions Code arising from alleged child abuse,
or to counsel appointed pursuant to subdivision (c) of Section 317 of
the Welfare and Institutions Code, or to the county counsel or
district attorney in a proceeding under Part 4 (commencing with
Section 7800) of Division 12 of the Family Code or Section 300 of the
Welfare and Institutions Code, or to a licensing agency when abuse
or neglect in out-of-home care is reasonably suspected, or when those
persons waive confidentiality, or by court order.
(2) No agency or person listed in this subdivision shall disclose
the identity of any person who reports under this article to that
person's employer, except with the employee's consent or by court
order.
(e) Persons who may report pursuant to subdivision (e) of Section
11166 are not required to include their names.
11167.5. (a) The reports required by Sections 11166 and 11166.2
shall be confidential and may be disclosed only as provided in
subdivision (b). Any violation of the confidentiality provided by
this article is a misdemeanor punishable by imprisonment in a county
jail not to exceed six months, by a fine of five hundred dollars
($500), or by both that imprisonment and fine.
(b) Reports of suspected child abuse or neglect and information
contained therein may be disclosed only to the following:
(1) Persons or agencies to whom disclosure of the identity of the
reporting party is permitted under Section 11167.
(2) Persons or agencies to whom disclosure of information is
permitted under subdivision (b) of Section 11170.
(3) Persons or agencies with whom investigations of child abuse or
neglect are coordinated under the regulations promulgated under
Section 11174.
(4) Multidisciplinary personnel teams as defined in subdivision
(d) of Section 18951 of the Welfare and Institutions Code.
(5) Persons or agencies responsible for the licensing of
facilities which care for children, as specified in Section 11165.7.
(6) The State Department of Social Services or any county
licensing agency which has contracted with the state, as specified in
paragraph (3) of subdivision (b) of Section 11170, when an
individual has applied for a community care license or child day care
license, or for employment in an out-of-home care facility, or when
a complaint alleges child abuse or neglect by an operator or employee
of an out-of-home care facility.
(7) Hospital scan teams. As used in this paragraph, "hospital
scan team" means a team of three or more persons established by a
hospital, or two or more hospitals in the same county, consisting of
health care professionals and representatives of law enforcement and
child protective services, the members of which are engaged in the
identification of child abuse or neglect. The disclosure authorized
by this section includes disclosure among all hospital scan teams.
(8) Coroners and medical examiners when conducting a postmortem
examination of a child.
(9) The Board of Prison Terms, who may subpoena an employee of a
county welfare department who can provide relevant evidence and
reports that both (A) are not unfounded, pursuant to Section
11165.12, and (B) concern only the current incidents upon which
parole revocation proceedings are pending against a parolee charged
with child abuse or neglect. The reports and information shall be
confidential pursuant to subdivision (d) of Section 11167.
(10) Personnel from an agency responsible for making a placement
of a child pursuant to Section 361.3 of, and Article 7 (commencing
with Section 305) of Chapter 2 of Part 1 of Division 2 of, the
Welfare and Institutions Code.
(11) Persons who have been identified by the Department of Justice
as listed in the Child Abuse Central Index pursuant to subdivision
(c) of Section 11170. Nothing in this paragraph shall preclude a
submitting agency prior to disclosure from redacting the name,
address, and telephone number of a witness, person who reports under
this article, or victim in order to maintain confidentiality as
required by law.
(12) Out-of-state law enforcement agencies conducting an
investigation of child abuse or neglect only when an agency makes the
request for reports of suspected child abuse or neglect in writing
and on official letterhead, identifying the suspected abuser or
victim by name. The request shall be signed by the department
supervisor of the requesting law enforcement agency. The written
request shall cite the out-of-state statute or interstate compact
provision that requires that the information contained within these
reports is to be disclosed only to law enforcement, prosecutorial
entities, or multidisciplinary investigative teams, and shall cite
the criminal penalties for unlawful disclosure provided by the
requesting state or the applicable interstate compact provision. In
the absence of both (1) a specific out-of-state statute or interstate
compact provision that requires that the information contained
within these reports be disclosed only to law enforcement,
prosecutorial entities, or multidisciplinary investigative teams, and
(2) criminal penalties equivalent to the penalties in California for
unlawful disclosure, access shall be denied.
(13) Persons who have verified with the Department of Justice that
they are listed in the Child Abuse Central Index as provided by
subdivision (e) of Section 11170. Disclosure under this section
shall be subject to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code). Nothing in this section prohibits a submitting
agency prior to disclosure from redacting the name, address, and
telephone number of a witness, person who reports under this article,
or victim to maintain confidentiality as required by law.
(14) Each chairperson of a county child death review team, or his
or her designee, to whom disclosure of information is permitted under
this article, relating to the death of one or more children and any
prior child abuse or neglect investigation reports maintained
involving the same victim, siblings, or suspects. Local child death
review teams may share any relevant information regarding case
reviews involving child death with other child death review teams.
(c) Authorized persons within county health departments shall be
permitted to receive copies of any reports made by health
practitioners, as defined in Section 11165.8, pursuant to Section
11165.13, and copies of assessments completed pursuant to Sections
123600 and 123605 of the Health and Safety Code, to the extent
permitted by federal law. Any information received pursuant to this
subdivision is protected by subdivision (e).
(d) Nothing in this section requires the Department of Justice to
disclose information contained in records maintained under Section
11169 or under the regulations promulgated pursuant to Section 11174,
except as otherwise provided in this article.
(e) This section shall not be interpreted to allow disclosure of
any reports or records relevant to the reports of child abuse or
neglect if the disclosure would be prohibited by any other provisions
of state or federal law applicable to the reports or records
relevant to the reports of child abuse or neglect.
11168. The written reports required by Section 11166 shall be
submitted on forms adopted by the Department of Justice after
consultation with representatives of the various professional medical
associations and hospital associations and county probation or
welfare departments. Those forms shall be distributed by the
agencies specified in Section 11165.9.
11169. (a) An agency specified in Section 11165.9 shall forward to
the Department of Justice a report in writing of every case it
investigates of known or suspected child abuse or severe neglect
which is determined not to be unfounded, other than cases coming
within subdivision (b) of Section 11165.2. An agency shall not
forward a report to the Department of Justice unless it has conducted
an active investigation and determined that the report is not
unfounded, as defined in Section 11165.12. If a report has
previously been filed which subsequently proves to be unfounded, the
Department of Justice shall be notified in writing of that fact and
shall not retain the report. The reports required by this section
shall be in a form approved by the Department of Justice and may be
sent by fax or electronic transmission. An agency specified in
Section 11165.9 receiving a written report from another agency
specified in Section 11165.9 shall not send that report to the
Department of Justice.
(b) At the time an agency specified in Section 11165.9 forwards a
report in writing to the Department of Justice pursuant to
subdivision (a), the agency shall also notify in writing the known or
suspected child abuser that he or she has been reported to the Child
Abuse Central Index. The notice required by this section shall be
in a form approved by the Department of Justice. The requirements of
this subdivision shall apply with respect to reports forwarded to
the department on or after the date on which this subdivision becomes
operative.
(c) Agencies shall retain child abuse or neglect investigative
reports that result in a report filed with the Department of Justice
pursuant to subdivision (a) for the same period of time that the
information is required to be maintained on the Child Abuse Central
Index pursuant to this section. Nothing in this section precludes an
agency from retaining the reports for a longer period of time if
required by law.
(d) The immunity provisions of Section 11172 shall not apply to
the submission of a report by an agency pursuant to this section.
However, nothing in this section shall be construed to alter or
diminish any other immunity provisions of state or federal law.
11170. (a) (1) The Department of Justice shall maintain an index of
all reports of child abuse and severe neglect submitted pursuant to
Section 11169. The index shall be continually updated by the
department and shall not contain any reports that are determined to
be unfounded. The department may adopt rules governing recordkeeping
and reporting pursuant to this article.
(2) The department shall act only as a repository of reports of
suspected child abuse and severe neglect to be maintained in the
Child Abuse Central Index pursuant to paragraph (1). The submitting
agencies are responsible for the accuracy, completeness, and
retention of the reports described in this section. The department
shall be responsible for ensuring that the Child Abuse Central Index
accurately reflects the report it receives from the submitting
agency.
(3) Information from an inconclusive or unsubstantiated report
filed pursuant to subdivision (a) of Section 11169 shall be deleted
from the Child Abuse Central Index after 10 years if no subsequent
report concerning the same suspected child abuser is received within
that time period. If a subsequent report is received within that
10-year period, information from any prior report, as well as any
subsequently filed report, shall be maintained on the Child Abuse
Central Index for a period of 10 years from the time the most recent
report is received by the department.
(b) (1) The Department of Justice shall immediately notify an
agency that submits a report pursuant to Section 11169, or a district
attorney who requests notification, of any information maintained
pursuant to subdivision (a) that is relevant to the known or
suspected instance of child abuse or severe neglect reported by the
agency. The agency shall make that information available to the
reporting medical practitioner, child custodian, guardian ad litem
appointed under Section 326, or counsel appointed under Section 317
or 318 of the Welfare and Institutions Code, or the appropriate
licensing agency, if he or she is treating or investigating a case of
known or suspected child abuse or severe neglect.
(2) When a report is made pursuant to subdivision (a) of Section
11166, the investigating agency, upon completion of the investigation
or after there has been a final disposition in the matter, shall
inform the person required to report of the results of the
investigation and of any action the agency is taking with regard to
the child or family.
(3) The department shall make available to the State Department of
Social Services or to any county licensing agency that has
contracted with the state for the performance of licensing duties
information regarding a known or suspected child abuser maintained
pursuant to this section and subdivision (a) of Section 11169
concerning any person who is an applicant for licensure or any adult
who resides or is employed in the home of an applicant for licensure
or who is an applicant for employment in a position having
supervisorial or disciplinary power over a child or children, or who
will provide 24-hour care for a child or children in a residential
home or facility, pursuant to Section 1522.1 or 1596.877 of the
Health and Safety Code, or Section 8714, 8802, 8912, or 9000 of the
Family Code.
(4) For purposes of child death review, the Department of Justice
shall make available to the chairperson, or the chairperson's
designee, for each county child death review team, or the State Child
Death Review Council, information maintained in the Child Abuse
Central Index pursuant to subdivision (a) of Section 11170 relating
to the death of one or more children and any prior child abuse or
neglect investigation reports maintained involving the same victims,
siblings, or suspects. Local child death review teams may share any
relevant information regarding case reviews involving child death
with other child death review teams.
(5) The department shall make available to investigative agencies
or probation officers, or court investigators acting pursuant to
Section 1513 of the Probate Code, responsible for placing children or
assessing the possible placement of children pursuant to Article 6
(commencing with Section 300), Article 7 (commencing with Section
305), Article 10 (commencing with Section 360), or Article 14
(commencing with Section 601) of Chapter 2 of Part 1 of Division 2 of
the Welfare and Institutions Code, Article 2 (commencing with
Section 1510) or Article 3 (commencing with Section 1540) of Chapter
1 of Part 2 of Division 4 of the Probate Code, information regarding
a known or suspected child abuser contained in the index concerning
any adult residing in the home where the child may be placed, when
this information is requested for purposes of ensuring that the
placement is in the best interests of the child. Upon receipt of
relevant information concerning child abuse or neglect investigation
reports contained in the index from the Department of Justice
pursuant to this subdivision, the agency or court investigator shall
notify, in writing, the person listed in the Child Abuse Central
Index that he or she is in the index. The notification shall include
the name of the reporting agency and the date of the report.
(6) (A) Persons or agencies, as specified in subdivision (b), if
investigating a case of known or suspected child abuse or neglect, or
the State Department of Social Services or any county licensing
agency pursuant to paragraph (3), or an agency or court investigator
responsible for placing children or assessing the possible placement
of children pursuant to paragraph (5), to whom disclosure of any
information maintained pursuant to subdivision (a) is authorized, are
responsible for obtaining the original investigative report from the
reporting agency, and for drawing independent conclusions regarding
the quality of the evidence disclosed, and its sufficiency for making
decisions regarding investigation, prosecution, licensing, or
placement of a child.
(B) If Child Abuse Central Index information is requested by an
agency for the temporary placement of a child in an emergency
situation pursuant to Article 7 (commencing with Section 305) of
Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions
Code, the department is exempt from the requirements of Section
1798.18 of the Civil Code if compliance would cause a delay in
providing an expedited response to the agency's inquiry and if
further delay in placement may be detrimental to the child.
(7) (A) Whenever information contained in the Department of
Justice files is furnished as the result of an application for
employment or licensing pursuant to paragraph (3), the Department of
Justice may charge the person or entity making the request a fee.
The fee shall not exceed the reasonable costs to the department of
providing the information. The only increase shall be at a rate not
to exceed the legislatively approved cost-of-living adjustment for
the department. In no case shall the fee exceed fifteen dollars
($15).
(B) All moneys received by the department pursuant to this section
to process trustline applications for purposes of Chapter 3.35
(commencing with Section 1596.60) of Division 2 of the Health and
Safety Code shall be deposited in a special account in the General
Fund that is hereby established and named the Department of Justice
Child Abuse Fund. Moneys in the fund shall be available, upon
appropriation by the Legislature, for expenditure by the department
to offset the costs incurred to process trustline automated child
abuse or neglect system checks pursuant to this section.
(C) All moneys, other than that described in subparagraph (B),
received by the department pursuant to this paragraph shall be
deposited in a special account in the General Fund which is hereby
created and named the Department of Justice Sexual Habitual Offender
Fund. The funds shall be available, upon appropriation by the
Legislature, for expenditure by the department to offset the costs
incurred pursuant to Chapter 9.5 (commencing with Section 13885) and
Chapter 10 (commencing with Section 13890) of Title 6 of Part 4, and
the DNA and Forensic Identification Data Base and Data Bank Act of
1998 (Chapter 6 (commencing with Section 295) of Title 9 of Part 1),
and for maintenance and improvements to the statewide Sexual Habitual
Offender Program and the DNA offender identification file (CAL-DNA)
authorized by Chapter 9.5 (commencing with Section 13885) of Title 6
of Part 4 and the DNA and Forensic Identification Data Base and Data
Bank Act of 1998 (Chapter 6 (commencing with Section 295) of Title 9
of Part 1).
(c) The Department of Justice shall make available to any agency
responsible for placing children pursuant to Article 7 (commencing
with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare
and Institutions Code, upon request, relevant information concerning
child abuse or neglect reports contained in the index, when making a
placement with a responsible relative pursuant to Sections 281.5,
305, and 361.3 of the Welfare and Institutions Code. Upon receipt of
relevant information concerning child abuse or neglect reports
contained in the index from the Department of Justice pursuant to
this subdivision, the agency shall also notify in writing the person
listed in the Child Abuse Central Index that he or she is in the
index. The notification shall include the location of the original
investigative report and the submitting agency. The notification
shall be submitted to the person listed at the same time that all
other parties are notified of the information, and no later than the
actual judicial proceeding that determines placement.
If Child Abuse Central Index information is requested by an agency
for the placement of a child with a responsible relative in an
emergency situation pursuant to Article 7 (commencing with Section
305) of Chapter 2 of Part 1 of Division 2 of the Welfare and
Institutions Code, the department is exempt from the requirements of
Section 1798.18 of the Civil Code if compliance would cause a delay
in providing an expedited response to the child protective agency's
inquiry and if further delay in placement may be detrimental to the
child.
(d) The department shall make available any information maintained
pursuant to Section 11169 to out-of-state law enforcement agencies
conducting investigations of known or suspected child abuse or
neglect only when an agency makes the request for information in
writing and on official letterhead, identifying the suspected abuser
or victim by name. The request shall be signed by the department
supervisor of the requesting law enforcement agency. The written
requests shall cite the out-of-state statute or interstate compact
provision that requires that the information contained within these
reports shall be disclosed only to law enforcement, prosecutorial
entities, or multidisciplinary investigative teams, and shall cite
the criminal penalties for unlawful disclosure of any confidential
information provided by the requesting state or the applicable
interstate compact provision. In the absence of a specified
out-of-state statute or interstate compact provision that requires
that the information contained within these reports shall be
disclosed only to law enforcement, prosecutorial entities, or
multidisciplinary investigative teams, and criminal penalties
equivalent to the penalties in California for unlawful disclosure,
access shall be denied.
(e) Any person may determine if he or she is listed in the Child
Abuse Central Index by making a request in writing to the Department
of Justice. The request shall be notarized and include the person's
name, address, date of birth, and either a social security number or
a California identification number. Upon receipt of a notarized
request, the Department of Justice shall make available to the
requesting person information identifying the date of the report and
the submitting agency. The requesting person is responsible for
obtaining the investigative report from the submitting agency
pursuant to paragraph (13) of subdivision (b) of Section 11167.5.
(f) If a person is listed in the Child Abuse Central Index only as
a victim of child abuse or neglect, and that person is 18 years of
age or older, that person may have his or her name removed from the
index by making a written request to the Department of Justice. The
request shall be notarized and include the person's name, address,
social security number, and date of birth.
11170.5. (a) Notwithstanding paragraph (3) of subdivision (b) of
Section 11170, the Department of Justice shall make available to a
licensed adoption agency, as defined in Section 8530 of the Family
Code, regarding a known or suspected child abuser maintained in the
child abuse index, pursuant to subdivision (a) of Section 11170,
concerning any person who has submitted to the agency an application
for adoption.
(b) Whenever information contained in the Department of Justice
files is furnished as the result of an application for adoption
pursuant to subdivision (a), the Department of Justice may charge the
agency making the request a fee. The fee shall not exceed the
reasonable costs to the department of providing the information. The
only increase shall be at a rate not to exceed the legislatively
approved cost-of-living adjustment for the department. In no case
shall the fee exceed fifteen dollars ($15).
All moneys received by the department pursuant to this subdivision
shall be deposited in the Department of Justice Sexual Habitual
Offender Fund pursuant to paragraph (5) of subdivision (b) of Section
11170.
11170.6. (a) Notwithstanding paragraph (3) of subdivision (b) of
Section 11170, the Department of Justice shall make available to the
City of San Diego for purposes of evaluating employees for the "6 to
6" program information regarding a known or suspected child abuser
maintained in the child abuse index pursuant to subdivision (a) of
Section 11170 concerning any person who has submitted an application
for employment in the "6 to 6" program.
(b) The City of San Diego, to whom disclosure of any information
pursuant to subdivision (a) is authorized, is responsible for
obtaining the original investigative report from the reporting agency
and for drawing independent conclusions regarding the quality of the
evidence disclosed and the sufficiency of the evidence for making
decisions when evaluating employees for the "6 to 6" program.
(c) The disclosure pursuant to this section of the presence of an
applicant's name on the index is provided solely for purposes of
investigating the individual's background by identifying the original
investigative report from the reporting agency. The presence of an
individual's name on the index may not itself be used as evidence
adverse to an applicant for employment in the "6 to 6" program. An
investigation shall include, but not be limited to, the review of the
investigation report and file prepared by the child protective
agency that investigated the child abuse report. Employment may not
be denied based on a report from the Child Abuse Central Index,
unless the child abuse is substantiated.
(d) (1) Whenever information contained in the Department of
Justice files is furnished as the result of a request for information
pursuant to subdivision (a), the Department of Justice may charge
the requestor a fee. The fee may not exceed the reasonable costs to
the department of providing the information. The only increase shall
be at a rate not to exceed the legislatively approved cost-of-living
adjustment for the department. The fee may not exceed fifteen
dollars ($15).
(2) All moneys received by the department pursuant to this
subdivision shall be deposited in the Department of Justice Child
Abuse Fund. Moneys in the fund shall be available, upon
appropriation by the Legislature, for expenditures by the department
to offset costs incurred for processing child abuse central index
requests.
11171. (a) A physician and surgeon or dentist or their agents and
by their direction may take skeletal X-rays of the child without the
consent of the child's parent or guardian, but only for purposes of
diagnosing the case as one of possible child abuse or neglect and
determining the extent of the child abuse or neglect.
(b) Neither the physician-patient privilege nor the
psychotherapist-patient privilege applies to information reported
pursuant to this article in any court proceeding or administrative
hearing.
11171.5. (a) If a peace officer, in the course of an investigation
of child abuse or neglect, has reasonable cause to believe that the
child has been the victim of physical abuse, the officer may apply to
a magistrate for an order directing that the victim be X-rayed
without parental consent.
Any X-ray taken pursuant to this subdivision shall be administered
by a physician and surgeon or dentist or their agents.
(b) With respect to the cost of an X-ray taken by the county
coroner or at the request of the county coroner in suspected child
abuse or neglect cases, the county may charge the parent or legal
guardian of the child-victim the costs incurred by the county for the
X-ray.
(c) No person who administers an X-ray pursuant to this section
shall be entitled to reimbursement from the county for any
administrative cost that exceeds 5 percent of the cost of the X-ray.
11172. (a) No mandated reporter shall be civilly or criminally
liable for any report required or authorized by this article. Any
other person reporting a known or suspected instance of child abuse
or neglect shall not incur civil or criminal liability as a result of
any report authorized by this article unless it can be proven that a
false report was made and the person knew that the report was false
or was made with reckless disregard of the truth or falsity of the
report, and any person who makes a report of child abuse or neglect
known to be false or with reckless disregard of the truth or falsity
of the report is liable for any damages caused. No person required
to make a report pursuant to this article, nor any person taking
photographs at his or her direction, shall incur any civil or
criminal liability for taking photographs of a suspected victim of
child abuse or neglect, or causing photographs to be taken of a
suspected victim of child abuse or neglect, without parental consent,
or for disseminating the photographs with the reports required by
this article. However, this section shall not be construed to grant
immunity from this liability with respect to any other use of the
photographs.
(b) Any person, who, pursuant to a request from a government
agency investigating a report of suspected child abuse or neglect,
provides the requesting agency with access to the victim of a known
or suspected instance of child abuse or neglect shall not incur civil
or criminal liability as a result of providing that access.
(c) The Legislature finds that even though it has provided
immunity from liability to persons required or authorized to make
reports pursuant to this article, that immunity does not eliminate
the possibility that actions may be brought against those persons
based upon required or authorized reports. In order to further limit
the financial hardship that those persons may incur as a result of
fulfilling their legal responsibilities, it is necessary that they
not be unfairly burdened by legal fees incurred in defending those
actions. Therefore, a mandated reporter may present a claim to the
State Board of Control for reasonable attorney's fees and costs
incurred in any action against that person on the basis of making a
report required or authorized by this article if the court has
dismissed the action upon a demurrer or motion for summary judgment
made by that person, or if he or she prevails in the action. The
State Board of Control shall allow that claim if the requirements of
this subdivision are met, and the claim shall be paid from an
appropriation to be made for that purpose. Attorney's fees awarded
pursuant to this section shall not exceed an hourly rate greater than
the rate charged by the Attorney General of the State of California
at the time the award is made and shall not exceed an aggregate
amount of fifty thousand dollars ($50,000).
This subdivision shall not apply if a public entity has provided
for the defense of the action pursuant to Section 995 of the
Government Code.
(d) A court may award attorney's fees and costs to a commercial
film and photographic print processor when a suit is brought against
the processor because of a disclosure mandated by this article and
the court finds this suit to be frivolous.
11174. The Department of Justice, in cooperation with the State
Department of Social Services, shall prescribe by regulation
guidelines for the investigation of abuse in out-of-home care, as
defined in Section 11165.5, and shall ensure that the investigation
is conducted in accordance with the regulations and guidelines.
11174.1. (a) The Department of Justice, in cooperation with the
State Department of Social Services, shall prescribe by regulation
guidelines for the investigation of child abuse or neglect, as
defined in Section 11165.6, in facilities licensed to care for
children, and shall ensure that the investigation is conducted in
accordance with the regulations and guidelines.
(b) For community treatment facilities, day treatment facilities,
group homes, and foster family agencies, the State Department of
Social Services shall prescribe the following regulations:
(1) Regulations designed to assure that all licensees and
employees of community treatment facilities, day treatment
facilities, group homes, and foster family agencies licensed to care
for children have had appropriate training, as determined by the
State Department of Social Services, in consultation with
representatives of licensees, on the provisions of this article.
(2) Regulations designed to assure the community treatment
facilities, day treatment facilities, group homes, and foster family
agencies licensed to care for children maintain a written protocol
for the investigation and reporting of child abuse or neglect, as
defined in Section 11165.6, alleged to have occurred involving a
child placed in the facility.
(c) The State Department of Social Services shall provide such
orientation and training as it deems necessary to assure that its
officers, employees, or agents who conduct inspections of facilities
licensed to care for children are knowledgeable about the reporting
requirements of this article and have adequate training to identify
conditions leading to, and the signs of, child abuse or neglect, as
defined in Section 11165.6.
11174.3. (a) Whenever a representative of a government agency
investigating suspected child abuse or neglect or the State
Department of Social Services deems it necessary, a suspected victim
of child abuse or neglect may be interviewed during school hours, on
school premises, concerning a report of suspected child abuse or
neglect that occurred within the child's home or out-of-home care
facility. The child shall be afforded the option of being
interviewed in private or selecting any adult who is a member of the
staff of the school, including any certificated or classified
employee or volunteer aide, to be present at the interview. A
representative of the agency investigating suspected child abuse or
neglect or the State Department of Social Services shall inform the
child of that right prior to the interview.
The purpose of the staff person's presence at the interview is to
lend support to the child and enable him or her to be as comfortable
as possible. However, the member of the staff so elected shall not
participate in the interview. The member of the staff so present
shall not discuss the facts or circumstances of the case with the
child. The member of the staff so present, including, but not
limited to, a volunteer aide, is subject to the confidentiality
requirements of this article, a violation of which is punishable as
specified in Section 11167.5. A representative of the school shall
inform a member of the staff so selected by a child of the
requirements of this section prior to the interview. A staff member
selected by a child may decline the request to be present at the
interview. If the staff person selected agrees to be present, the
interview shall be held at a time during school hours when it does
not involve an expense to the school. Failure to comply with the
requirements of this section does not affect the admissibility of
evidence in a criminal or civil proceeding.
(b) The Superintendent of Public Instruction shall notify each
school district and each agency specified in Section 11165.9 to
receive mandated reports, and the State Department of Social Services
shall notify each of its employees who participate in the
investigation of reports of child abuse or neglect, of the
requirements of this section.
