Mandated Reporting

The Greene case 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 district 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. 88 Though this applies specifically to public schools, other employers may want to follow the same procedure.

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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. 89 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 as a trusted adult. 90 It is the obligation of the agency investigating the child abuse or neglect to inform the child of this right prior to the interview. 91 The purpose of the selected trusted 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. 92 School officials do not have the right to be present during an interview except as discussed above regarding child abuse; however, an officer may at his or her discretion permit a school official to be present. 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. 93 C. A RREST OF 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. 94 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.” 95

Mandated Reporting ©2020 Liebert Cassidy Whitmore 22