An Administrator's Guide to California Private School Law Compendium

D OCUMENT 11.E

G UIDELINES F OR M ANDATED R EPORTING

Who is a “mandated reporter”? There are a broad range of people who fall under the statutorily defined term “mandated reporter,” including teachers, counselors, administrators, instructional aides, athletic coaches, rabbis who work with children, social workers, probation workers, etc. What are you mandated to report? A mandated reporter is required to make a report whenever he or she either has actual knowledge, or “reasonably suspects” that a child is the victim of child abuse or neglect. What does “reasonably suspect” mean? “Reasonably Suspect” means that you have a reasonable suspicion that a child is the victim of child abuse. A reasonable suspicion is one that is objectively reasonable and is based upon facts that would lead a reasonable person, with similar training and experience, to suspect child abuse. What is child abuse? Child abuse includes any physical injury resulting from either an intentional act or the neglect of a child. Child abuse includes omissions to act that result in injury, as well as psychological injuries under circumstances where serious harm or death is likely to occur. Child abuse includes sexual crimes against a child. To whom do you report? You report the suspected child abuse or neglect to the local child protective agency. Can employees be required to inform their administrator/supervisor of a child abuse report that they have completed? Yes. California Penal Code section 11166(g)(1) states that the District may establish “internal procedures to facilitate reporting and apprise supervisors and administrators of reports.” (Pen. Code § 11166(g)(1).) The only qualification is that the internal procedures may not be “inconsistent with this article [Article 2.5/the Child Abuse and Neglect Reporting Act].” (Pen. Code § 11166(g)(1).)

An Administrator’s Guide to California Private School Law - Compendium ©2019 Liebert Cassidy Whitmore 165