An Administrator's Guide to California Private School Law

Chapter 11 – Mandated Reporting

Section 3 R EASONABLE S USPICION : W HAT T RIGGERS A R EPORT A mandated report must be filed where there is a “reasonable suspicion” of abuse or neglect. 1840 This section explains and provides an overview of the reasonable suspicion standard. Not every suspicion of abuse or neglect requires a mandated report. Rather, the law is clear that in order to trigger the duty to report, a mandated reporter must actually know or have an objectively reasonable suspicion that abuse or neglect has occurred. The reasonable suspicion standard means a reasonable person in a similar position, drawing upon his or her training and experience, would suspect abuse or neglect. 1841 Reasonable suspicion does not require absolute certainty. LCW Practice Advisor Mandated reporters should not investigate allegations

or suspicions of abuse but may rely on their own training and experience, may casually question the alleged victim, may observe body language and behavior and evaluate credibility, and may consider any other additional knowledge they may have to formulate reasonable suspicion of abuse or neglect.

Mandated reporters are often understandably concerned about properly applying the reasonable suspicion standard. Schools may establish policies to facilitate reporting, such as encouraging teachers to bring suspected abuse or neglect to the attention of a supervisor. However, schools may not require a mandated reporter to identify him or herself or seek approval before filing a report. 1842

Section 4 W HAT I S C HILD A BUSE A ND N EGLECT ? “Child abuse” broadly includes any physical injury which is inflicted by other than accidental means on a child. 1843 It generally falls into one of three categories: physical abuse, sexual abuse, and emotional abuse. In addition, the CANRA requires mandated reporters to make reports of known or reasonably suspected child neglect. Each type of abuse, as well as neglect, has its own standards and definitions. A clear understanding of each category will assist mandated reporters in determining what constitutes a reasonable suspicion of abuse or neglect. A. P HYSICAL A BUSE 1. W HAT I S P HYSICAL A BUSE ? Physical abuse means the willful harming or injuring of a child, the endangering of the person or health of a child, or unlawful corporal punishment or injury resulting in a traumatic condition. 1844 It includes instances where a person with care and custody of a child willfully causes or permits the person or health of the child to be placed in a situation in which his or her person or health is

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 415