An Administrator's Guide to California Private School Law Compendium

One of the requirements of the Child Abuse and Neglect Reporting Act is that an employer “shall not require any employee required to make reports pursuant to this article to disclose his or her identity to the employer.” (Pen. Code § 11166(g)(2).) Thus, while the school can require its employees to let their administrator or supervisor know that a child abuse report has been made, it cannot compel its employees to disclose their names. If it is placed in the policy, can an employee refuse to provide this information anyway? No. Employees cannot legally refuse to inform their supervisor or administrator that a child abuse report was made, as long as they are not required to disclose their names (Pen. Code, §§ 11166(g)(1) & 11166(g)(2). When do you report? The reporter must make a telephone report to the agency immediately after observing the child abuse, or immediately after reasonably suspecting it. Within 36 hours of observing the abuse, or reasonably suspecting it, the reporter must make a written report to the appropriate agency. What do you include in the report? The report should include the name, address, and telephone number of the reporter, and as much of the following information as is available: the child’s name and address, present location, school, grade, and class; the name, address, and telephone number of the child’s parents or guardians; details about the abusive incident or the information that gave rise to the suspicion of child abuse or neglect; information about who else might have witnessed or suspected the abuse; and all known information about the person who is suspected of abusing the child. What happens if you do not report? As a mandated reporter, you are under a legal obligation to report child abuse or neglect. If you do not report such instances, you may be held criminally liable, and be subject to jail time. Is your report confidential? Your report is confidential, however it will be released to those agencies or individuals who require access to the report. These agencies or individuals may include: the agency or individual investigating the report, the school attorney if charges are brought, any court ordered disclosure, or if you waive confidentiality.

An Administrator’s Guide to California Private School Law - Compendium ©2019 Liebert Cassidy Whitmore 166