Child Dependency What Is A Mandated Reporter?

Under California Penal Code Section 11166, a mandated reporter is required to make a report to an agency specified in Section 11165.9, whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been a victim of child abuse or neglect.

The mandated reporter is required to make an initial report to the agency immediately or as soon as practicably possible by telephone and shall prepare and send, fax, or electronically transmit a written follow-up report thereof within 36 hours of receiving the information concerning the incident.

Any mandated reporter that fails to report an incident of known or reasonably suspected child abuse or neglect is guilty of a misdemeanor punishable by up to six months in county jail or by a fine of one thousand dollars ($1,000.00) or by both imprisonment and fine.

Under California Penal Code Section 11165.7, a mandated reporter is defined as any of the following:
1.    A teacher
2.    An instructional aide
3.    A teacher’s aide or teacher’s assistant employed by any public or private school
4.    A classified employee of any public school
5.    An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of any public or private school
6.    An administrator of a public or private school
7.    An administrator or employee of a public or private youth center, youth recreation program, or youth organization
8.    An administrator or employee of a public or private organization whose duties require direct contact and supervision of children
9.    Any employee of a county office of education or the State Department of Education, whose duties bring the employee into contact with children on a regular basis.
10.    A licensee, an administrator, or an employee of a licensed community care or child day care facility.
11.    A Head Start program teacher.
12.    A licensing worker or licensing evaluator employed by a licensing agency as defined in Section 11165.11.
13.    A public assistance worker.
14.    An employee of a child care institution, including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities.
15.    A social worker, probation officer, or parole officer.
16.    An employee of a school district police or security department.
17.    Any person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in any public or private school.
18.    A district attorney investigator, inspector, or local child support agency caseworker unless the investigator, inspector, or caseworker is working with an attorney appointed pursuant to Section 317 of the Welfare and Institutions Code to represent a minor.
19.    A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is not otherwise described in this section.
20.    A firefighter, except for volunteer firefighters.
21.    A physician, surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage, family and child counselor, clinical social worker, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code.
22.    Any emergency medical technician I or II, paramedic, or other person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
23.    A psychological assistant registered pursuant to Section 2913 of the Business and Professions Code.
24.    A marriage, family, and child therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code.
25.    An unlicensed marriage, family, and child therapist intern registered under Section 4980.44 of the Business and Professions Code.
26.    A state or county public health employee who treats a minor for venereal disease or any other condition.
27.    A coroner.
28.    A medical examiner or any other person who performs autopsies.
29.    A commercial film and photographic print processor, as specified in subdivision (e) of Section 11166. As used in this article, “commercial film and photographic print processor” means any person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, for compensation. The term includes any employee of such a person; it does not include a person who develops film or makes prints for a public agency.
30.    A child visitation monitor. As used in this article, “child visitation monitor” means any person who, for financial compensation, acts as monitor of a visit between a child and any other person when the monitoring of that visit has been ordered by a court of law.
31.    An animal control officer or humane society officer. For the purposes of this article, the following terms have the following meanings:
(A) “Animal control officer” means any person employed by a city, county, or    city and county for the purpose of enforcing animal control laws or regulations.
(B) “Humane society officer” means any person appointed or employed by a public or private entity as a humane officer who is qualified pursuant to Section 14502 or 14503 of the Corporations Code.
32.    A clergy member, as specified in subdivision (d) of Section 11166. As used in this article, “clergy member” means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization.
33.    Any custodian of records of a clergy member, as specified in this section and subdivision (d) of Section 11166.
34.    Any employee of any police department, county sheriff’s department, county probation department, or county welfare department.
35.    An employee or volunteer of a Court Appointed Special Advocate program, as defined in Rule 1424 of the California Rules of Court.
36.    A custodial officer as defined in Section 831.5.
37.    Any person providing services to a minor child under Section 12300 or 12300.1 of the Welfare and Institutions Code.
38.    An alcohol and drug counselor. As used in this article, an “alcohol and drug counselor” is a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol, or drug and alcohol treatment program. However, alcohol or drug abuse, or both alcohol and drug abuse, is not in and of itself a sufficient basis for reporting child abuse or neglect.