Child Abuse

Child Abuse Reporting

Mandatory reporting and domestic violence

The presence of domestic violence in the home by itself does not require mandatory child abuse reporting, unless there has been:

1) a DV incident which caused or created a serious risk of injury to the child, or

2) a DV incident which caused or created a substantial risk of serious emotional damage to the child.

-- from Santa Clara County Counsel’s office

Guidelines on reportable sexual activity between and with minors

Newborn Positive
Toxicology Screen

A newborn positive toxicology screen does not in itself require a report, but leads to an assessment of the mother and a risk assessment for the child. This may then lead to a report being filed.

California Mandatory Child Abuse Reporting Law
(Penal Code 11164 – 11174.3)

A mandated reporter must report if s/he:
“has knowledge of or observes a child in his or her professional capacity, or within the scope of his or her employment, whom he or she knows or reasonably suspects has been the victim of child abuse or neglect.”

What must be reported:

What does NOT need to be reported
as child abuse:

If a child is under age 18, there is no time limit on your duty to report abuse – even if it happened years earlier and you are only now being informed. That abuser may be presently harming other children.

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