CPLEE CA Laws That Guide the Specifics of Clinical Practice: Child Abuse Reporting Part 2
This deck covers the specifics of child abuse reporting laws in California, including definitions, guidelines, and legal obligations for mandated reporters.
Lewd and Lascivious acts on a child who is 14 or 15 years old, perpetrated by a person at least ___ years older than the child (measured from the birth date of the adult and child) also constitutes _________________, and a report ______ mandated.
• 10 • Sexual assault • Is
Key Terms
Lewd and Lascivious acts on a child who is 14 or 15 years old, perpetrated by a person at least ___ years older than the child (measured from the birth date of the adult and child) also constitutes _________________, and a report ______ mandated.
• 10 • Sexual assault • Is
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| Term | Definition |
|---|---|
Lewd and Lascivious acts on a child who is 14 or 15 years old, perpetrated by a person at least ___ years older than the child (measured from the birth date of the adult and child) also constitutes _________________, and a report ______ mandated. | • 10 • Sexual assault • Is |
Complete the following guidelines for Reporting of Sexual Assault: • Child (Age 14 and Under) with Other Party (______________): Mandated if there has been lewd or lascivious contact (288a or 288b) • Child (Age 14 or 15) with Other Party (_______________): A report is mandated if there has been lewd or lascivious contact (288c) • Child (Under 16) with Other Party (_______________): A report is mandated if there has been sexual intercourse, even if voluntary [261.5(d)]. • Child (16 or older) with Other Party (_____________): Not reportable if voluntary sexual intercourse. • Child (Under 18) with Other Party (_____________): Mandated report if rape, incest, or sodomy. | • Any age • 10 years older than the child • 21 and older • 16 or older • Any age |
_________________________: Refers to conduct involving a minor preparing, selling, or distributing obscene matter, or employing a minor to perform obscene acts; promoting or encouraging a child to engage in prostitution, pose or model for a film/photograph/etc., involving obscene sexual conduct; or depicting a child engaged in an act of obscene sexual conduct. Additionally, effective January 1st, 2015, this includes duplicating, printing, downloading, streaming, or accessing child pornography through any electronic or digital media. | Sexual exploitation. |
Neglect is categorized as either __________ neglect or ____________ neglect. | • Severe • General |
________________ Neglect: Refers to the negligent failure of the caretaker to protect the child from severe malnutrition. It is also described as willfully causing or permitting the health of the child to be endangered, including intentional failure to provide adequate food, clothing, shelter, or medical care. | Severe. |
_______________ Neglect: Refers to the negligent failure of the caretaker to provide adequate food, clothing, shelter, medical care, or supervision, where no physical injury to the child has occurred. | General. |
_________________________ or _________________________ refers to a situation where any person willfully causes or permits any child to suffer, or inflicts unjustifiable pain or mental suffering, or willfully causes or permits the health of a child to be endangered. When a child witnesses _____________________, this frequently constitutes unjustifiable emotional suffering. | • Willful cruelty • Unjustifiable punishment • Domestic violence |
______________________ refers to a situation in which any person willfully inflicts upon any child any cruel or inhuman corporal punishment or injury resulting in a traumatic condition. | Unlawful Corporal Punishment or Injury. |
_______________________: When a child appears to be suffering serious emotional damage resulting in severe anxiety, depression, withdrawal, or untoward aggressive behavior toward self or others, the mandated reporter has the option of making a report. | Emotional abuse. |
Suspected incidents of child abuse must be reported _ or ___ by telephone; a written report must be prepared and sent, faxed, or electronically transmitted within ___ hours. | • Immediately • As soon as is practically possible • 36 |
Information that should be included in a child abuse report, if known, includes: The reporting party (name, business address, phone number); The capacity that makes the person a mandated reporter; Information about the victim (e.g., address, _______________, school, grade, class, birthdate) and any siblings; Information about the ___ (names, addresses, phone numbers); Information that led to the reasonable suspicion of abuse; A of the event | • Present location • Parents • Narrative description Note: A report MUST be made even if some of this information is unknown or uncertain. |
The identity of mandated reporters shall be _____________________. No mandated reporter who reports a known or suspected instance of child abuse shall be civilly or criminally liable for any report required or authorized by the law. If, in spite of this immunity, if a mandated reporter is sued, he/she may claim compensation for attorney's fees and costs (up to $______________). | • Kept confidential • $50,000 |
Any person who fails to report an instance of child abuse he knows or should reasonably know to exist: Is guilty of a __________________ Punishable by a jail term not to exceed ______________, a fine of not more than ____________, or both. | • Misdemeanor • 6 months • $1000 |
A mandated reporter who willfully fails to report abuse or neglect, or impedes or inhibits a report, where the abuse/neglect results in death or great bodily injury, shall be punished by: Not more than _ in a county jail A fine of not more than ____________ Both | • 1 year • $5000 |
________________ Report: A report found to be false, to be improbable, to involve an accidental injury, or not to constitute child abuse or neglect. | Unfounded. |
_________________ Report: A report found to constitute child abuse or neglect, based on credible evidence. | Substantial. |
________________ Report: A report in which findings are not conclusive and there is insufficient evidence to determine whether abuse or neglect occurred. | Inconclusive. |