Adults should always report any instances of actual or suspected child abuse or neglect.
However, many professionals are considered mandatory reporters who must follow the mandatory reporting laws. Telling your supervisor does not fulfill your obligation.
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After someone is taken into protective custody and brought to a treatment facility, the medical officer must determine whether the person requires inpatient treatment.
If yes, the person must be (1) admitted to, referred to, or detained at a treatment facility or hospital (the person can be detained for treatment if he or she does not consent) or (2) committed to a DMHAS-operated facility for emergency treatment.
The person can be discharged before then if (1) he or she no longer needs treatment or (2) the treatment is not working or appropriate.
At the end of the commitment period, the person is discharged automatically unless the facility administrator obtains a court order for recommitment.
Such a taking into protective custody is not an arrest.
The Child Abuse and Neglect Reporting Act (CANRA) pursuant to Penal Codes 11164 through 11174.3 is a body of California laws designed to protect children from suffering harm.
California law requires people in positions of authority over children to report known or suspected abuse or neglect.
You must make the report within 36 hours of receiving information about the incident. If you are required to report actual or suspected incidences of child abuse or neglect and you fail to do so, or you impede the making of a mandatory report, you can be charged with a crime.
In November 2012, Lyn Vijayendran, a former principal at a San Jose, California elementary school, was convicted of failing to make a mandatory report of child sexual abuse after learning a teacher was suspected of molesting one of his second grade students.“ The former principal had been told by an eight-year-old student that the teacher, Craig Chandler, had blindfolded another second grade female student and put something that was described as a “salty liquid” in her mouth. Although the former principal avoided a maximum 6-month jail sentence and was instead granted two years’ probation and 100 hours of community service, her reputation as an educator has likely been tarnished.