Accounting /CPLEE CA Laws That Guide the Specifics of Clinical Practice: Child Abuse Reporting Part 1
CPLEE CA Laws That Guide the Specifics of Clinical Practice: Child Abuse Reporting Part 1
This deck covers key concepts and legal requirements related to child abuse reporting in California, focusing on the responsibilities of mandated reporters under specific sections of the Penal Code.
The CA __________________ (Sections 11164-11166) requires that mandated reporters make a report of child abuse whenever a reasonable suspicion of child abuse exists.
Penal Code.
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Key Terms
Term
Definition
The CA __________________ (Sections 11164-11166) requires that mandated reporters make a report of child abuse whenever a reasonable suspicion of child abuse exists.
Penal Code.
___________________ means that it is objectively reasonable for a person, appropriately drawing upon his or her training and experience, to suspect child abuse.
Reasonable suspicion.
Child abuse is mandated whenever a therapist learns about child abuse in his/her ___________________; this includes a patient informing the therapist about abuse taking place by a third party.
Professional capacity.
When an adult in treatment reports a history of abuse as a child, there is _________________ to report the previous abuse. The therapist must determine if there are children _______________________; if there is suspicion that this is so, the therapist _____ mandated to make a report.
• No mandate •Currently at risk • Is
When a minor in treatment reports prior abuse, even if it was a single incident that took place many years ago, a child abuse report _______ mandated.
Is.
Child abuse is defined as any physical injury that is inflicted by other than ___________________ on a child by another person.
Accidental means.
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| Term | Definition |
|---|---|
The CA __________________ (Sections 11164-11166) requires that mandated reporters make a report of child abuse whenever a reasonable suspicion of child abuse exists. | Penal Code. |
___________________ means that it is objectively reasonable for a person, appropriately drawing upon his or her training and experience, to suspect child abuse. | Reasonable suspicion. |
Child abuse is mandated whenever a therapist learns about child abuse in his/her ___________________; this includes a patient informing the therapist about abuse taking place by a third party. | Professional capacity. |
When an adult in treatment reports a history of abuse as a child, there is _________________ to report the previous abuse. The therapist must determine if there are children _______________________; if there is suspicion that this is so, the therapist _____ mandated to make a report. | • No mandate •Currently at risk • Is |
When a minor in treatment reports prior abuse, even if it was a single incident that took place many years ago, a child abuse report _______ mandated. | Is. |
Child abuse is defined as any physical injury that is inflicted by other than ___________________ on a child by another person. | Accidental means. |
Which of the following does not constitute child abuse? a. Sexual abuse of a child b. Willful cruelty c. Unjustifiable punishment d. Failure to censor age-inappropriate media e. Unlawful corporal punishment f. Neglect of a child | d. |
With respect to physical abuse of a child, the general guideline is that if ___________________ are left, or the discipline involves using an object on ________________, a report should be made. | • Bruises or marks • Bare skin |
The two forms of sexual abuse are ____________________ and ________________________. | • Sexual assault • Sexual exploitation |
_________________________ includes rape, statutory rape, incest, sodomy, lewd or lascivious acts, oral copulation, penetration by a foreign object, child molestation. It includes any penetration, any sexual contact between genital and mouth/tongue, intentional touching of intimate parts or the clothing covering them for sexual arousal, and intentional masturbation of the perpetrator’s genitals in the presence of a child. | Sexual assault. |
Section 261.5 of the __________________ states that any sexual intercourse between an adult and a minor under the age of 18 is statutory rape. It is unlawful, and is considered either a misdemeanor or a felony. | Penal Code. |
Unlawful sexual intercourse with a minor may be punished by: • Imprisonment in a county jail not exceeding ______________ • Imprisonment in a prison for ____________________ • Civil penalties including fines up to __________________ | • One year • 2, 3, or 4 years • $25,000 |
While any sexual intercourse between an adult and a minor is unlawful, mandated reporters are only required to report violations of Section 261.5(d). This section specifically states that it is unlawful for a person ___ or older to engaged in sexual intercourse with a partner who is under ___ years of age. | • 21 • 16 Note: You do NOT need to report unlawful sexual intercourse between a 16 and a 21 year-old. |
Lewd and Lascivious behavior with a child under the age of 14 (Section 288a and 288b) is unlawful, and ___________________ requires a child abuse report. If a child younger than 14 engages in consensual Lewd and Lascivious conduct with someone ___________ (even if the person is also a minor) the violation ______ reportable. | • Generally • Older than 14 • Is |
Two major cases that considered the issue when both participants are under age 14 are: • __________________________ v. Van de Kamp (1986) • People v. __________________________________ (1988) Both concluded that the Child Abuse and Neglect Reporting Act __________ currently require the reporting of voluntary sexual conduct between minors under age 14 both of whom are of similar age. | • Planned Parenthood Affiliates • Stockton Pregnancy Control Medical Clinic, Inc. • Does not |