Child Abuse Reporting Laws

Retrieved from Child Welfare Information Gateway

States’ Definition of Child Abuse and Child Abuse Reporting Laws:

Child Welfare Information Gateway (A service of the Children’s Bureau, Administration for Children and Families, U.S. Department of Health and Human Services):
- http://www.childwelfare.gov/pubs/reslist/rl_dsp.cfm?rs_id=5&rate_chno=11-11172
Mandatory Reporting of Child Abuse and Neglect by Attorney S. Smith: http://www.smith-lawfirm.com/mandatory_reporting.htm
http://www.childwelfare.gov/systemwide/laws_policies/statutes/define.cfm

Additional Links to Child Abuse Reporting Laws in Different States (Complete listing is available in the above links):

California Child Abuse Reporting Laws:

Links

Child, elder, and dependent adult abuse mandate reporting:

In these situations, the therapist has, in addition to a therapeutic relationship with his/her client, a legal and ethical obligation to protect the child or any other potential victim.
The California Penal Code, Sections 11164-11166, requires that mandated reporters, such as psychotherapists, make a report of child abuse whenever a “reasonable suspicion” of child abuse exists. A child abuse report is mandated whenever a therapist learns about the abuse in his or her professional capacity.
Sections 15610, 15630-15634 of the California Welfare and Institution Code require reporting of physical abuse, abandonment, isolation, financial abuse, or neglect of any elder or dependent adult under certain circumstances. A report is required if the therapist observes or has knowledge of the abuse, or the patient reveals information about being abused.
Types of child abuse: physical abuse, sexual abuse, neglect, willful cruelty, unjustifiable punishment, and unlawful, corporal punishment and injury.
AB 525 Child Abuse Reporting. Prior to Jan. 1st, 2007 the law authorizes but does not require the reporting of instances where a child suffers or is at substantial risk of suffering serious emotional damage (“emotional abuse”). The 2007 law, in effect on Jan. 1st, 2007:
- “Emotional abuse” may be reported, but is not required to be reported.
- Confidentiality protections for mandated reporters also apply to those who report “emotional abuse.”
- Those who report “emotional abuse” to receive the same feedback as they would when making a mandated report of child abuse upon a final disposition of a case.
- The law confirms the procedures for reporting of “emotional abuse” to certain existing procedures applicable to mandated reporting.

UPDATES

July 5, 2007: Presentation of Karly’s Law
http://www.youtube.com/watch?v=5nLXS9m3dJY

2007 Law Addresses Psychotherapists’ Reporting Child Abuse as Private Citizen
AB 673 deals with reporting child abuse and can be read online in its entirety by using the link provided below.One of the sections of the 2007 AB 673 law’s included changes to the Child Abuse and Neglect Reporting Act isto provide immunity to psychotherapists and other mandated reporters who choose to report suspected child abuse as a private citizen, not as a therapist acting in a professional capacity. Although the new law allows reporting as a private citizen, it does not mandate a report by a therapist who is acting as a private citizen when child abuse is suspected. If a report is made, the reporter is entitled to immunity from civil or criminal liability under Section 11172 of the California Penal Code. Reference: http://info.sen.ca.gov/pub/07-08/bill/asm/ab_0651-0700/ab_673_bill_20071010_chaptered.html

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