I'm a lawyer.
I'm not licensed to practice in CA, but CA law is the same as the other 49 states on this matter.
If a parent knows, or has reason to believe her/his child was the victim of sexual abuse, a duty to report the matter exists.
However, forget the law, this is common sense.
Why on earth would any parent want a legal cite before taking a child with a fever of 105 to an emergency room?
Why would a parent need a legal cite to report her/his child missing?
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I'll provide you one, madam.
A parent is what the law would term, a "de facto", mandated reporter of any alleged child abuse suffered by his or her child.
Why in the name of everything holy, would any parent be reluctant to report the child's outcry?
In my experience, there is one reason.
That one reason, and one reason only, because its a lie.
I can't say for sure, but common sense says that a parent wouldn't need to be required under a specific state law to report ANY harm or abuse to his, or her child.
A parent would do anything to protect a child, based upon biology alone!
Why would a parent have any confusion if the parent observed the child with a .40 cal, loaded, Glock?
If your child has made an outcry about "daddy" sexually abusing him, why would you require a legal citation?
No need to answer, here is your legal citation:
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Child Abuse and/or Child Neglect Can Be Any of the Following:
A physical injury inflicted on a child by another person other than by accidental means.
The sexual abuse, assault, or exploitation of a child.
The negligent treatment or maltreatment of a child by a person responsible for the child's welfare under circumstances indicating harm or threatened harm to the child's health or welfare. This is whether the harm or threatened harm is from acts or omissions on the part of the responsible person.
The willful harming or endangerment of the person or health of a child, any cruel or inhumane corporal punishment or any injury resulting in a traumatic condition.
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One does not have to be physically present or witness the abuse to identify suspected cases of abuse, or even have definite proof that a child may be subject to child abuse or neglect. Rather, the law requires that a person have a "reasonable suspicion" that a child has been the subject of child abuse or neglect. Under the law, this means that it is reasonable for a person to entertain a suspicion of child abuse or neglect, based upon facts that could cause a reasonable person, in a like position, drawing, when appropriate, on his or her training and experience, to suspect child abuse or neglect.
Red flags for abuse and neglect are often identified by observing a child's behavior at school, recognizing physical signs, and observations of dynamics during routine interactions with certain adults. While the following signs are not proof that a child is the subject of abuse or neglect, they should prompt one to look further.
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To make a report, an employee must contact an appropriate local law enforcement or county child welfare agency, listed below. This legal obligation is not satisfied by making a report of the incident to a supervisor or to the school. An appropriate law enforcement agency may be one of the following:
A Police or Sheriff's Department (not including a school district police department or school security department).
A County Probation Department, if designated by the county to receive child abuse reports.
A County Welfare Department/County Child Protective Services.
The report should be made immediately over the telephone and should be followed up in writing. The law enforcement agency has special forms for this purpose that they will ask you to complete. If a report cannot be made immediately over the telephone, then an initial report may be made via e-mail or fax. A report may also be filed at the same time with your school district or county office of education (COE). School districts and COEs, however, do not investigate child abuse allegations, nor do they attempt to contact the person suspected of child abuse or neglect.
School districts and COEs may have additional policies adopted at the local level relating to the duties of mandated reporters. School staff should consult with their district to determine if there are additional steps that must be taken.
These policies do not take the place of reporting to an appropriate local law enforcement or county child welfare agency.
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Child Abuse Identification & Reporting Guidelines - Child Abuse Prevention (CA Dept of Education)
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CA Codes (pen:11164-11174.3)
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http://www.losrios.edu/hr/HR Forms/MandatedReporterGuidebook.pdf
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