An Administrator's Guide to California Private School Law

Chapter 11 – Mandated Reporting

C. C HILD N EGLECT

1. W HAT I S C HILD N EGLECT ? “Neglect” refers to the negligent treatment or maltreatment of a child, by a person responsible for the child’s welfare, which results in harm or threatened harm to the child. 1864 “Severe Neglect” means willfully causing or permitting a child’s health to be endangered. It includes the intentional failure by a child’s custodian to provide adequate food, clothing, shelter, medical care, or supervision, and must be reported even though no physical injury has occurred. 1865 Neglect does not include sporadic occasions where a child appears very dirty or seems to be without food. Neither is a parent or guardian neglectful simply because they do not have the means to provide a child with adequate food and medical care, i.e. live in poverty. The fact that a child is homeless or an unaccompanied minor, without any other information, is not enough to cause a report for abuse or neglect. 1866 On the other end of that extreme, it is not considered neglect when a parent appears to “outsource” much of his or her parental duties to a nanny or other caretaker. So long as the child is adequately cared for, there is no neglect. 2. R ED F LAGS : C HILD N EGLECT Child neglect relates to a child’s needs. Consistent hunger, fatigue, or uncleanliness raises a red flag that a child’s needs are not being met. Unattended medical problems can also raise a red flag of child neglect. However, if a child is not receiving medical care for religious reasons, that reason alone shall not constitute neglect. 1867 D. W HAT A BOUT M ENTAL S UFFERING ? Child abuse includes psychological injuries that rise to the level of "unjustifiable mental suffering" and must be reported. 1868 The Legislature mandates the reporting of “unjustifiable mental suffering” inflicted under conditions where great physical harm or death is likely. 1869 Therefore, if a mandated reporter knows or suspects that a child is being subjected to psychological or emotional suffering and that the child is likely to harm him or herself, it must be reported. Reportable mental suffering may also cover situations where another student is bullying a child (not necessarily physically) to such a degree that the mandated reporter fears for the physical well-being of the child. “Mental suffering” or emotional abuse that does not rise to the level of “unjustifiable mental suffering” may, rather than must, be reported. 1870 Thus, when a mandated reporter knows or suspects that mental suffering has been inflicted on a child, or that the child’s emotional well- being has been significantly endangered, the mandated reporter may, rather than must, make a report. A mandated reporter may also report any suspicion that the child is suffering from serious emotional damage, severe anxiety, depression, withdrawal, or untoward aggressive behavior toward himself or herself or others. 1871 Children may also suffer emotional abuse when witnessing abuse. However, when a child witnesses or is present during an act of domestic violence committed by a member of the

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