1. Recognizing Child Abuse
A Quick Guide for
Mandated Reporters
© 2016 All rights reserved.

2. REPORTING LAW APPLIES WHEN
in your professional capacity or within the scope of your employment
you know of or observe a child
whom you reasonably suspect has been the victim of child abuse or neglect. 1

3. REASONABLE SUSPICION
Report whenever it is reasonable to entertain a suspicion of child abuse or neglect, given your position, training, and experience. No degree of certainty is required. 2

4. HOW TO REPORT
Immediately or as soon as practicably possible call the agency by phone;
and
Within 36 hours, mail, fax or a written follow-up report (on the SS 8572 form) 3

5. REPORT TO Police Department Sheriff’s Department
County Welfare Department (CPS/CWS)
County Probation Department (if designated to receive reports in your county) 4

6. ENCOURAGE REPORTING
Inhibiting or impeding the making of a report by a supervisor or administrator is a crime, punishable by up to one year in a county jail and a fine of $5,000. 5

7. PENALTY FOR FAILURE TO REPORT
Failure to report an incident one should have reasonably suspected to involve child abuse or neglect is a crime, punishable by up to one year in a county jail and a fine of $5,000. 6

8. SEXUAL ASSAULT—PC § 11165.1(a)
Rape (forced, nonconsensual intercourse, no age limit)
Consensual intercourse b/w > 21y.o. & <16 y.o. (statutory rape)
Rape or penetration in concert
Incest (intercourse w/ relative where accused is at least 14 y.o.)
Sodomy (no limits on age or consent)
Lewd or lascivious act on child < 14 y.o.
Lewd act on 14 or 15 y.o. by someone at least 10 years older
Oral copulation (no limits on age or consent)
Sexual penetration w/ foreign object (forced, nonconsensual, no age limit)
Child molestation (i.e., annoying or molesting a child) 7

9. CHILD MOLESTATION Any conduct directed at a child
(including merely speaking) that is:
likely to disturb, irritate, offend, annoy or be observed (or heard) by a child or children; and
motivated by an unnatural or abnormal sexual interest in the child or children in general 8

10. CHILD MOLESTATION
Report even if the child was not actually irritated or disturbed.
Report even if the child was never touched.
Report even if the child consented to the act.
Report even if the perpetrator is a minor (even a 12 y.o.— see In re Gladys R., 1 Cal.3d 855 (1970)) 9

11. LEWD OR LASCIVIOUS ACT
Touching any part of a child's body for arousal (either for the suspect’s or the minor’s arousal)
Causing the child to touch any part of the suspect's body for arousal (either for suspect’s or the minor’s arousal)
Mere kissing is sufficient—use of hands not required
Includes touching over the clothes
Includes conduct by child 14 yo or older w/ child under 14 10

12. SEXUAL ASSAULT—PC § 11165.1(b)
Intercourse (no limits on age or consent)
Oral copulation (no limits on age or consent)
Sexual penetration w/ foreign object (no limits on age or consent)
Touching intimate parts (incl. breasts & buttocks) for purpose of sexual arousal (i.e., sexual fondling), except normal demonstrations of affection (no limits on age or consent)
Masturbation in presence of a child (no limits on age or consent) 11

13. SEXUAL ACTIVITY AMONG MINORS UNDER 14 Y.O.
Voluntary & consensual sexual activity that is:
not specifically covered in PC § (a) and (b), and
engaged in by two minors under the age of 14
is not necessarily abuse, but may still be reported. 12

14. SEXUAL ACTIVITY AMONG MINORS OF DISPARATE AGE
Voluntary & consensual sexual activity between two minors of “disparate age” (such as 4 years difference) should be reported. 13

15. No age limits for any of the above.
SEXUAL EXPLOITATION
Involving oneself in child pornography (i.e., prepare, sell, distribute, exhibit to another, offer to distribute, exchange, buy, print, download, access, possess)
Involving a minor in prostitution
Involving a minor in a live performance of sexual conduct
Involving a minor in creating child pornography
No age limits for any of the above. 14

16. CHILD PORNOGRAPHY
Includes the exhibition of the genitals or the pubic or rectal area for the purpose of sexual stimulation of the viewer.
The minor need not be touching him/herself or anyone else 15

17. COMMERCIAL SEXUAL EXPLOITATION
The sexual trafficking of a child, or
The provision of food, shelter, or payment to a child in exchange for the performance of a sex act related to sexual trafficking of a child 16

18. SEXUAL TRAFFICKING
To (attempt or in fact) cause or induce a minor to engage in a commercial sex act with intent to engage in:
Prostitution
Pimping
Making a minor under 16 available for the purpose of a lewd or lascivious act (either as the actor or acted-upon)
Child pornography or obscene matter
Extortion 17

19. 4 CATEGORIES OF PHYSICAL ABUSE
Physical injury inflicted by other than accidental means
Unlawful (i.e., cruel or inhuman) corporal punishment or injury
Causing or permitting a child to suffer, or inflicting thereon, unjustifiable physical pain
Having care or custody of a child, causing or permitting the child to be placed in a situation where his/her person or health is endangered (i.e., child endangerment) 18

20. UNLAWFUL CORPORAL INJURY
Bruise
Redness
Swelling
Bite mark
Welt
Broken teeth
Scratch
Burn
Scrape
Broken bone
Cut
Internal bleeding 19

21. UNJUSTIFIABLE PHYSICAL PAIN
Pain that is not reasonably necessary
given the circumstances, even where
no physical/visible injury results. 20

22. UNJUSTIFIABLE PHYSICAL PAIN
Report the Party Who
Directly imposed unjustifiable physical pain, or
By permitting the child to suffer unjustifiable pain, demonstrated disregard or indifference to the consequences of his or her action and should have recognized the risk involved to the child 21

23. CHILD ENDANGERMENT
A child could be perfectly fine right now, but still be endangered if she or he faces potential future harm due to the situation the child is currently in. 22

24. CHILD ENDANGERMENT Examples
Child has an injury without reasonable or satisfactory explanation
Child is left to be cared for by a person who has a history of violence
Child is in need of medical attention and none has been sought out
Child is in a car driven by person under the influence of drugs or alcohol
Child is in a home with hazards accessible and within reach, such as drugs (illegal or prescription), razors, syringes, poison, etc. 23

25. NEGLECT
The failure of a person having the care or custody of a child to provide adequate: food, clothing, shelter, medical care, or supervision 24

26. NEGLECT Examples Dangerous weight (too low or too high)
Unsanitary living conditions
Not being taken to regular dental or doctor visits/check ups
Access to unsecured weapons, drugs or paraphernalia
Prolonged illness without receiving due medical attention
Parent/guardian has a history of extensive, abusive, and chronic use of drugs or alcohol
Parent/guardian has abducted a child or willfully refused to give the whereabouts of a child 25

27. MENTAL ABUSE
Unjustifiable mental suffering, i.e., suffering that is not reasonably necessary or excessive under the circumstances 26

28. MENTAL ABUSE Examples Child witnesses “serious” domestic violence
Child is put in fear for his/her life or safety
Child is forced by another to commit a crime
Child is unjustifiably & unreasonably demeaned, berated, bullied
Person intentionally lies to child, alleging the child was molested by other parent or family member 27

29. Evidence of Mental Trauma (per case law)
MENTAL ABUSE
Evidence of Mental Trauma (per case law)
Suicidal ideation
Nightmares
Bed-wetting
Expressing fear of death/dying
Nocturnal hysterical screaming 28