An Administrator's Guide to California Private School Law

Chapter 11 – Mandated Reporting

The United States Supreme Court vacated the Ninth Circuit’s opinion. 1909 It found the issue moot and therefore did not sustain or overturn the decision. Though the Ninth Circuit’s reasoning may provide insight as to how it would rule on a similar case, Camreta is no longer good law. For now there is uncertainty as to what is required for law enforcement investigations. Child Protective Services, as noted below, may interview a minor at school without prior parental permission.

Camreta involved a public K-12 school district, but its reasoning does not appear to be limited to the public school context. It may apply whenever law enforcement is interviewing a minor. Similarly, in cases where a minor has been taken into custody as a victim of suspected child abuse, a school must provide the police officer with the address and telephone number of the minor’s parent or guardian. It is then the police officer’s duty to immediately notify the minor’s parent or guardian. 1910

LCW Practice Advisor

B. A C HILD ’ S R IGHT T O A “T RUSTED A DULT ” In cases of suspected child abuse or neglect, the Penal Code specifically states that a suspected victim may be interviewed at school during the school day. 1911 The child shall be given the option of being interviewed in private or may select any school employee or volunteer to be present during the interview. 1912 It is the obligation of the agency investigating the child abuse or neglect to inform the child of this right prior to the interview. 1913 The purpose of the selected adult is to lend support to the child but not to participate in the interview or discuss the facts or circumstances of the case with the child. The selected adult must maintain confidentiality. The staff member may decline to participate. If he or she agrees, the interview shall take place when it is not an expense to the school. 1914 In cases of suspected child abuse by the parent, schools should permit the police to determine whether a parent shall be notified of the interview. 1915 C. A RREST O F A M INOR P ERPETRATOR With regard to interviews of students who are not suspected victims of child abuse, a school will not be liable for releasing students for interviews with law enforcement officials so long as the school officials act within the proper standard of care; namely the degree of care which a person of ordinary prudence, charged with his or her duties, would exercise under the same circumstances. 1916 In this situation, “ordinary care would consist of ascertaining the identity and the official capacity of the peace officer, the authority under which he acts, and in the case of the release of the child, the reason for such action.” 1917

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 427