Mandated Reporting

B. R EPORTS A RE A N I NDIVIDUAL D UTY The reporting duties under the CANRA are individual. 50 Making a report of suspected child abuse or neglect to an employer, supervisor, or administrator does not satisfy the duty of a mandated reporter. 51 Furthermore, no supervisor or administrator may impede or inhibit a report, or penalize a person for making a report. 52 However, internal procedures designed to facilitate reporting and apprise supervisors and administrators of mandated reports may be established provided they are not inconsistent with the CANRA requirements. When two or more mandated reporters agree as to a suspected instance of child abuse or neglect, only one member of the team selected by mutual agreement must make a report by telephone and in writing. However, any member of the team who learns that the selected reporter failed to make the report must do so immediately. 53 C. T ELEPHONE R EPORT Those with an affirmative duty to report child abuse must make a telephone report of known or suspected child abuse immediately or as soon as possible to a child protective agency stating his/her (1) name; (2) name of the child; (3) present location of the child; (4) nature and extent of the injury; and (5) any other information requested by the child protective agency 54 under Penal Code section 11167, subdivision (a). 55 D. W RITTEN R EPORT Within 36 hours of making the telephone report, those with an affirmative duty to report must file a written report with the appropriate child protective agency. 56 The written report must be made on a Department of Justice Form DOJ SS 8572. E. I NTERNET R EPORT In 2016, a new section was added to the Penal Code which allows for the creation of a pilot program for Internet-based reporting of suspected abuse or neglect. 57 Under this program, certain county agencies can develop pilot programs which may run through January 1, 2021. The effectiveness of the program will be monitored and evaluated and there will be a report back to the Legislature in 2020. Under the new law, only certain types of mandated reports will be permissible via the Internet-based system. The program can only accept reports where: (1) there is no immediate risk of abuse, neglect, or exploitation and no imminent danger of severe harm or death; (2) the reporter completes all sections of the agency-created reporting form; (3) the program is secure such that no one’s confidentiality will be violated; and (4) the reporter is a member of one of the approved categories (police officers, social workers, school teachers, counselors, and administrators, doctors and nurses, and coroners). 58

Mandated Reporting ©2020 Liebert Cassidy Whitmore 15