An Administrator's Guide to California Private School Law

Chapter 11 – Mandated Reporting

Section 2 W HO I S A M ANDATED R EPORTER ? Mandated reporters are defined generally as administrators and employees of public or private organizations whose duties require direct contact and supervision of children. 1833 Specific examples include:  Teachers and Administrators  Instructional Aides and Teacher’s Aides and Assistants  School Administrative Employees  School Bus Drivers  School Security Employees  Administrators of Private Day Camps  Administrators or Employees of a Private Youth Center, Youth Recreation Center or Youth Organization  Administrators and employees of a child day care facility  School Nurses

 School Counselors  Athletic Coaches  Clergy members (but not for information gained in confidential penitential communications) 1834

This list is not exhaustive and further examples are set forth in the Penal Code. 1835 LCW Practice Advisor

Volunteers are not specified as mandated reporters under the Penal Code. However, schools should train volunteers (and employees) to recognize and report known or reasonably suspected child abuse.

An employee is a mandated reporter only when, “in his or her professional capacity or within the scope of his or her employment” the person has knowledge of or reasonably suspects a child is the victim of abuse or neglect. 1836 “Professional capacity” does not refer to the place of employment, but rather refers to whether the mandated reporter learned of the information by virtue of his or her employment position. 1837 For example, if a minor approaches his or her teacher off-campus and confides that he or she is being abused, it is likely a mandated report must be filed. 1838 If, however, a minor approaches his or her neighbor, who also happens to be a teacher, and confides that he is being abused, the neighbor may, but is not required to, make a report. 1839

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 414