Mandated Reporting

W HAT I S C HILD A BUSE A ND N EGLECT ?

Section 4

"Child abuse" broadly includes any physical injury which is inflicted by other than accidental means on a child. 10 It generally falls into one of three categories: physical abuse, sexual abuse, and emotional abuse. In addition, the CANRA requires mandated reporters to make reports of known or reasonably suspected child neglect. Each type of abuse, as well as neglect, has its own standards and definitions. A clear understanding of each category will assist mandated reporters in determining what constitutes a reasonable suspicion of abuse or neglect.

A. P HYSICAL A BUSE

1. W HAT I S P HYSICAL A BUSE ? Physical abuse means the willful harming or injuring of a child, the endangering of the person or health of a child, and unlawful corporal punishment or injury resulting in a traumatic condition. 11 It includes instances where a person with care and custody of a child willfully causes or permits the person or health of the child to be placed in a situation in which his or her person or health is endangered. 12 Therefore, a person may physically abuse a child without actually touching him or her. For purposes of CANRA, the term "traumatic condition" is not limited to extreme injuries, and includes wounds or other bodily conditions resulting from the application of external force. 13 A cut and swollen lip and a scratched neck from choking have each been held to be a "traumatic condition." 14 The term “unlawful corporal punishment” does not include reasonable force by a peace officer. 15 Nor does unlawful corporal punishment include the use of reasonable force by public school employees. 16 They are permitted to exercise physical control over a student that is “reasonably necessary to maintain order, protect property, or protect the health and safety of pupils, or to maintain proper and appropriate conditions conducive to learning.” 17 A parent also has the right to reasonably discipline his or her child and to administer reasonable punishment. 18

The corporal punishment exemption is expressly limited to public K-12 schools. However, given that the purpose of the CANRA is to protect children from actual abuse and neglect, it is possible that other public agencies may use reasonable force to prevent injury to persons or property, to remove a weapon, or to maintain a safe and appropriate environment for minors.

LCW Practice Advisor

Mandated Reporting ©2020 Liebert Cassidy Whitmore 8