Department of Children and Family Services
_____________________________________________________________________________
POLICY AND PROCEDURE GUIDE
DATE: 12-01-00
DIVISION 32 – FAMILY & COURT SERVICES
REVISION: 04-25-03
CHAPTER 5 – YOUTH LINK LEGAL
PREPARED BY: MENTAL HEALTH
ITEM 5.05:
CHILD ABUSE REPORTING
POLICY:
The Children’s Mental Health System staff shall comply with the State of
California Penal Code, Section 11166 and Section 15630 of the Welfare and
Institutions Code concerning child abuse reporting requirements.
PURPOSE:
The intent and purpose of this policy is to protect children from abuse and
neglect and to ensure that employees are knowledgeable about their
responsibilities and to comply with the California Laws mandating report of
suspected child abuse or neglect. (Failure to comply with the requirements of
California Penal Code Section 11166 is a misdemeanor, punishable by up to six
months in a county jail, by a fine of one thousand dollars ($1000), or by both
imprisonment and fine).
REFERENCE:
Administrative Policy and Procedure Manual Policy No. PAT 35.01; State of
California Penal Code Section 11166 and W&I Code 15630.
Community Health System: Policy and Procedures: Child Abuse Reporting
Child abuse as defined in P.C. Section 11165.6 is:
1.
A physical injury which is inflicted by other than accidental means on a child by another
person.
2.
The sexual abuse of a child. This includes sexual assault, rape, incest, sodomy, lewd or
lascivious acts upon a child under age 14, oral copulation, penetration of a genital or anal
opening by a foreign object, or child molestation.
3.
Any act or omission of willful cruelty or unjustifiable punishment.
4.
Any unlawful corporal punishment.
5.
The neglect of a child by the person responsible for the child’s welfare. Neglect also
includes the intentional failure to provide adequate food, clothing, shelter, or medical care.
6.
The abuse of a child in out-of-home care.
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7.
The sexual exploitation of a child such as the depicting of a minor engaged in obscene acts.
Child abuse does not mean:
1.
Injuries caused by two children fighting by mutual consent.
2.
An injury caused by reasonable and necessary force used by peace officer acting within the
course and scope of his or her employment as a peace officer.
3.
Sexual activity between minors. The purpose of the laws relating to sexual abuse of
children is to protect sexually naive children from exploitation by adults or older minors.
Voluntary sexual conduct between minors who are both under the age of 14, and who are of
similar age, is not a crime and is not reportable under the Child Abuse and Neglect
Reporting Act. Conversely, sexual conduct between a minor under the age of 14 and a
person of disparage age, or between a child under the age of 14 and a person 14 or older,
must be reported.
4.
Pregnancy. Pregnancy of a minor, regardless of age, does not in itself constitute the basis of a
reasonable suspicion of sexual abuse. The Reporting Act does not impose investigative duties
upon mandated reporters. But if, during the course the relationship with a child under the age of
18, a reporter learns facts that cause him or her to suspect that the child has been sexually
abused or exploited, either because the activity was not truly voluntary or because the age
disparity between the participants, he or she must report.
5.
Maternal substance abuse and positive toxicology screen at birth. However, any indication
of maternal substance abuse requires an assessment of the needs of the mother and child
pursuant to Section 123605 of the Health and Safety Code. If other factors are present that
indicate risk to a child, a report must be made. A report based on risk a child which relates
solely to the inability to the parent to provide the child with regular care due to the parent s
substance abuse shall be made only to county welfare departments and not to law
enforcement agencies. (P.C. 11165.13)
PROCEDURE:
The reporting duties are individual, and no supervisor or administrator may
impede or inhibit the reporting duties, and no person making a report shall be
subject to any sanction for making the report. Case management, nursing,
student and parent support staff may contact a Mental Health Clinician for
assistance.
Procedure for Referral to the Emergency Response Division, Department of
Children and Family Services:
1. Record all necessary information on the SS8572 SUSPECTED CHILD ABUSE REPORT
form. Form is attached.
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2. Immediately or as soon as practical possible, but not later than 24 hours of suspected
abuse, telephone contact to:
Department of Children and Family Services, Careline, 255-8320 or
Local Police Department
3.
Documentation of the situation shall be filed on the right hand side of the medical record.
The yellow copy of the SS8572 shall be kept in the consumer’s medical record. One copy
shall be mailed within 36 hours to the following:
Careline, Emergency Response Division, Stop #48. (blue or Xerox copy)
Local Police or Sheriff (white or Xerox copy)
District Attorney (green or Xerox copy)
4. Documentation of the report shall be recorded as a progress note in the consumer’s medical
record. Documentation of the time the report was called in and the name of the Careline
staff taking the report shall be included.
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