Do Teachers, Administrators, and Others Need to Report Suspected Child Sexual Abuse?
As a parent, you do everything possible to keep your children safe from harm. When you take them to school or drop them off at an activity, you trust that the teachers and others in charge will ensure the safety of your kids. In recent years, the number of reported incidents of suspected child sexual abuse has increased greatly. Of great concern is finding out that some of the administrators of institutions knew about the allegations of child sexual abuse but did nothing, or worse, tried to cover it up. There are laws in place in California that require reporting of abuse or neglect.
If you need help with a child sex abuse case, please connect with the California child sex abuse lawyer at Beck Law P.C.
Mandated Reporters of Child Abuse
California law requires some individuals to report alleged child abuse. California Penal Code 11165.7 defines mandated reporters as teachers, instructional aides, administrators, emergency medical technicians, physicians, peace officers, counselors, therapists, clergy members, athletic coaches, and many others, as detailed in the law. Mandated reporters must report alleged child abuse, including sexual abuse, to officials. A supervisor or administrator, or any other person, cannot prevent the reporting of suspected abuse.
What Are the Obligations of Mandated Reporters?
A person who is a mandated reporter of child abuse has specific obligations under the law. A mandated reporter is obligated by law to report all known or suspected cases of child abuse or neglect. The mandator does not determine whether the allegations are valid. Their job is only to pass the information along to the authorities. The mandated reporter may learn of alleged abuse from the student or from other sources, including his or her own observations.
A mandated reporter must contact the appropriate law enforcement agency to file a report. It is not sufficient to simply report the matter to an administrator at their own institution. The incident must be reported to the local police department or sheriff’s office, county probation department, county welfare department, or child protective services. The report should be made immediately upon receipt of the information or allegation of abuse. School districts and other institutions may also have internal reporting requirements.
Reporting Suspected Child Sexual Abuse
A mandated reporter is not an investigator of facts. The reporter cannot make a determination as to whether the allegation is true. As long as they feel the allegation could be true, they must report it and allow law enforcement and others to investigate the matter. When someone reports suspected abuse, they must provide their name. However, their identity is kept confidential.
Mandated reporters have immunity from criminal or civil liability for making a required report.
A mandated reporter has a legal requirement to file a report as soon as they learn of the alleged abuse. Failure to report the incident is a misdemeanor, and if found guilty, the person could face a sentence of up to 6 months in jail and fines of up to $1,000. Institutions could also be liable for any damages that the failure to report caused.
Allegations of child sexual abuse are serious matters and must be properly reported. If you or your child are the victim of child sexual abuse, you may be entitled to compensation from the negligent parties. To learn more, whether you live in Los Angeles, San Diego, San Francisco, or elsewhere in California, contact our office at Beck Law P.C. at (707) 576-7175 to schedule a consultation with a California child sex abuse lawyer.
