An Administrator's Guide to California Private School Law

Chapter 11 – Mandated Reporting

A failure to file a mandated report may result in not only a violation of the Penal Code but also a civil claim for negligence. Moreover, the school itself may be vicariously liable for the employee’s failure to file a report. Therefore, we strongly recommend that schools provide mandated reporter training to all covered employees (and regular volunteers).

LCW Practice Advisor

In a 2012 case, a principal and dean of students were prosecuted by a District Attorney for failing to report suspected child abuse. Both were convicted by a jury. In another case, in 1992, a president and principal of a Christian academy were convicted when they failed to report suspected abuse and instead chose to handle the manner solely within the church. 1888 Although this is rare, it is an important reminder that the duty to report is a serious legal obligation. C. T ELEPHONE R EPORT Those with an affirmative duty to report child abuse must make a telephone report of known or suspected child abuse immediately or as soon as possible to a child protective agency stating his/her (1) name; (2) name of the child; (3) present location of the child; (4) nature and extent of the injury; and (5) any other information requested by the child protective agency. 1889 D. W RITTEN R EPORT Within 36 hours of making the telephone report, those with an affirmative duty to report must file a written report with the child protective agency. 1890 The written report must be made on a Department of Justice Form DOJ SS 8572. E. I NTERNET R EPORT In 2016 a new section was added to the Penal Code which allows for the creation of a pilot program for Internet-based reporting of suspected abuse or neglect. 1891 Under this program, certain county agencies can develop pilot programs which may run through January 1, 2021. The effectiveness of the program will be monitored and evaluated and there will be a report back to the Legislature in 2020. Under the new law, only certain types of mandated reports will be permissible via the Internet- based system. The program can only accept reports where: (1) there is no immediate risk of abuse, neglect, or exploitation and no imminent danger of severe harm or death; (2) the reporter completes all sections of the agency-created reporting form; (3) the program is secure such that no one’s confidentiality will be violated; and (4) the reporter is a member of one of the approved categories (police officers, social workers, school teachers, counselors, and administrators, doctors and nurses, and coroners). 1892 The Internet report will replace the initial phone call and will eliminate the need to follow up in writing. In late 2017, Los Angeles County voted to allow implementation for its Department of Child and Family Services to develop this type of pilot program. Schools may want to explore

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 424