Under California law, certain individuals (including teachers and school officials, day care or child care employees, employees of day camps or youth organizations or recreation programs or centers, directors, coaches, assistant coaches or athletic personnel at public or private sports organizations, public assistance workers, district attorneys, case workers, doctors or medical professionals or health care workers, counselors and therapists (including candidates), coroners, commercial film developers, animal control officers, clergy, law enforcement officers or employees of a police department, alcohol and drug counselors, among others) are required to immediately or as soon as practicably possible report suspected child abuse to any police department, sheriff’s department, county probation department (if designated by the county to receive mandated reports), or the county welfare department, but not including school district police or security with a follow up written report to follow within 36 hours. These agencies will also accept reports from persons not named above as mandatory reporters. An internal policy shall not direct an employee to allow his or her supervisor to file or process a mandated report under any circumstance. School districts that do not train their employees in the duties of mandated reporters under the child abuse reporting laws will have to report to the State Department of Education the reasons why this training is not provided. Public and private organizations are encouraged to provide their volunteers, whose duties require direct contact with and supervision of children, with training in the identification and reporting of child abuse and neglect. (California Penal Code Section 11165.7(b) & (g)).
A Child Care Licensee applicant shall take training in the duties of mandated reporters as a condition of licensure. A Child Care Administrator or employee of a licensed Child Day Care Facility shall take Mandated Reporters training within the first 90 days when employed by the Facility. A Licensee, Administrator or employee of a Licensed Child Day Care Facility shall take renewal Mandated Reporter training every two years. The absence of training shall not excuse a Mandated Reporter from the duties imposed.
A County Probation or Welfare Department shall immediately report a child victim of commercial sexual exploitation. If a child victim of commercial sexual exploitation is missing, the County Probation or Welfare Department shall immediately report the incident to the appropriate Law Enforcement Authority for entry into the Federal Bureau of Investigation’s National Crime Information database for Missing and Exploited Children.
The statutes define child abuse or neglect as physical injury or death inflicted upon a child through non-accidental means, the willful harming or endangering of a child, or unlawful corporal punishment.
The statutes also define neglect, sexual abuse, and willful endangerment of a child.
County welfare agencies may develop a program for internet-based reporting of child abuse and neglect. The program may receive reports by mandated reporters of suspected child abuse or neglect.
Section 18975 of the California Business and Professional Code[1] mandates that an administrator, employee, or regular volunteer of a youth service organization shall complete training in child abuse and neglect identification and reporting. This training requirement can be met by completing online mandated reporter training provided by the Office of Child Abuse in the State Department of Social Services. (Section 18975(a)). Section 18975 of the California Business and Professional Code defines “Youth Service Organization” as an organization that employs or utilizes the services of persons who due to their relationship with the organization, are mandated reporters pursuant to paragraph (7) of subdivision (a) of Section 11165.7(“Mandated Reporter”) of the Penal Code. Section 11165.7(a)(7) provides that an administrator or employee of a public or private youth center, youth recreation program, or youth organization is a mandated reporter. As stated above, pursuant to Section 11165.7(b) volunteers of public or private organizations who duties require direct contact with, and supervision of children are not mandated reporters. “Regular Volunteer” means a volunteer with the youth service organization who is 18 years of age and who has direct contact with, or supervision of, children for more 16 hours per month or 32 hours per year.
The mandatory reporting statute is found in Part 4 (PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS), Title 1 (INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS), Chapter 2 (Control of Crimes and Criminals), Article 2.5 (Child Abuse and Neglect Reporting Act), Sections 11164 through 11174.3. To access the entire California Penal Code, follow:
http://codes.findlaw.com/ca/penal-code (type in citation to desired section)
Links to the specific sections summarized above, including definitions, in the version of the California Code online, are available as follows:
http://codes.lp.findlaw.com/cacode/PEN/3/4/1/2/2.5/s11165.9
http://codes.lp.findlaw.com/cacode/HSC/1/d10/4/1/s11165.1
http://codes.lp.findlaw.com/cacode/PEN/3/4/1/2/2.5/s11165.6
http://codes.lp.findlaw.com/cacode/PEN/3/4/1/2/2.5/s11165.2
http://codes.lp.findlaw.com/cacode/PEN/3/4/1/2/2.5/s11165.3
http://codes.lp.findlaw.com/cacode/PEN/3/4/1/2/2.5/s11165.7
https://codes.findlaw.com/ca/penal-code/pen-sect-11166.html
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=BPC&division=8.&title=&part=&chapter=2.9.&article=
Below is a link to A.B. 506:
California-2021-AB506-Chaptered (legiscan.com)
Below is a link to A.B. 2669:
Bill Text: CA AB2669 | 2021-2022 | Regular Session | Chaptered | LegiScan
Below is a link to the California Department of Social Services Information Resources Guide:
http://www.cdss.ca.gov/inforesources/Guide
Below is a link to and a web address for a PDF of the child abuse reporting hotlines for all counties:
Child Protective Services (CPS) Hotlines:
https://www.cdss.ca.gov/reporting/report-abuse/child-protective-services/report-child-abuse
Below is a link provided by the Department of Social Services regarding reporting child abuse:
https://www.cdss.ca.gov/reporting/report-abuse/child-protective-services
[1] Assembly Bill 506 was approved by Governor Gavin Newsom on September 16, 2021, which created Section 18975 “Administrator, Employee or Volunteer of Youth Service Organization Training” under the California Business and Professions Code. Although subsequent legislation (A.B. 2669 Approved by the Governor on September 6, 2022), delayed implementation of background check requirement for youth services organizations provided for in A.B. 506, A.B. 2669 did not delay implementation of the remaining Sections of 18975.