“Our prime purpose in this life is to help others.
And if you can’t help them, at least don’t hurt them.”
Dalai Lama

Intrinsic to the nature of most citizens is a desire to put a stop to the injustices that plague the most vulnerable among us. Such is the case for some with child abuse and domestic violence. Still others see evidence of neglect or abuse as “none of their business”. In an effort to empower citizens on behalf of children who may be experiencing abuse, the state of California has empowered some professionals to speak up. In fact, while all citizens are encouraged to do so, certain professionals are required to report known or suspected child abuse.

Professional Requirements To Report Child Abuse & Domestic Violence

San Jose Child Abuse Lawyer And Santa Clara Domestic Violence Attorney

For more than 50 years the state of California has enforced laws requiring certain professionals who have care over children to report abuse to authorities in order to protect the victim child. This is called “mandated reporting.”

Abuse & Domestic Violence

• Neglect
• Willful or Unjustified Punishment
• Unlawful or Injurious Corporal Punishment
• Physical Injury
• Sexual Abuse

According to the California Department of Social Services Office of Child Abuse Prevention, the following health care professionals have an obligation to report abuse:

Health Care Professionals

• Physicians
• Surgeons
• Psychiatrists
• Psychologists
• Dentists
• Residents
• Interns
• Podiatrists
• Chiropractors
• Licensed Nurses
• Dental Hygienists
• Optometrists
• Marriage, Family, and Child counselors
• Licensed Clinical Social Worker
• Emergency Medical Technicians (EMT’s)
• Paramedics
• Other health professionals under the Business & Professions Code

The state of California also requires those in public positions who have care of or contact with potential victims of child abuse to report that abuse. Mandatory reporters include:

Public Or Private School Professionals

• Teachers
• Instructional Aides
• Teacher’s Aides
• Teacher’s Assistants
• Child Welfare and Attendance Administrative Officers or Supervisors
• Certificated Pupil Personnel
• Private Day Camp Administrators
• Private Youth Center Administrators or Employees
• Youth Recreation Programs Administrators or Employees
• Any Classified Employee

Professionals In Public Contact Positions

• Clergy
• Court Appointed Special Advocate Program Employees or Volunteers
• Child Visitation Monitors
• Commercial Film And Photographic Print Processors

Where Professionals Should Report Child Abuse & Domestic Violence

The report must be made to a county welfare department or probation department (if designated by the county to receive mandated reports) or a police or sheriff’s department, not including a school district police or security department.

Protection For Those Who Report

In order to protect the professionals who are required by law to report suspicions of abuse, the state of California provides immunity for all those who report. An alleged abuser will not be able to file civil or criminal charges against the person who reported abuse, according to California Penal Code 11172(a). In addition, those who report are not legally required to give their names on the report and supervisors are required by law to process the report.

The Counsel Of Wesley Schroeder

If you have been accused of domestic or child abuse call (408) 277-0377 or contact us online to schedule an appointment with our firm and let us get started on your case today. Attorney Wesley Schroeder is ready to work to provide the highest quality representation.