The Child Abuse Prevention and Treatment Act (CAPTA)—Federal Guidelines
Under the Federal Child Abuse Prevention and Treatment Act (CAPTA) passed in 1974, all 50 states have passed laws mandating the reporting of child abuse and neglect.
CAPTA provides a foundation for the States by identifying a minimum set of acts or behaviors that characterize physical abuse, neglect and sexual abuse.
What is Child Abuse? The California Definition
A child is a person who has not attained the age of 18.
Any act of omission or commission that endangers a child’s physical or emotional health and development.
Categories of Abuse
Physical Abuse
Physical Neglect
Sexual Abuse and Exploitation
Emotional Abuse
California Penal Code – Article 2.5 Mandates “child care custodians” report child abuse.
What is a Mandated Reporter in California?
In the scope of their employment, a Mandated Reporter has a special relationship or contact with children or the home.
A Mandated Reporter Is legally required to report if there is "reasonable suspicion" of child abuse and neglect, encountered in the scope of their employment.
Legal Obligations of a Mandated Reporter in California if Child Abuse is Known or Suspected
The Mandated Reporter must call a "Child Protective Agency" as soon as possible to make verbal report of "Reasonable Suspicion."
Then, the Mandated Reporter must file a written report on Department of Justice Suspected Child Abuse Report Form SS 8572 within 36 hours of their verbal report.
Mandated Reporters are required to give their name.
What is "Reasonable Suspicion" as defined by the California Penal Code?
"Reasonable Suspicion" occurs when "it is objectively reasonable for a person to entertain such a suspicion, when based upon the 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." (California Penal Code 11166[a])
Child Abuse Report Form—Department of Justice Form SS8572
Mandated Reporters and/or their employers should keep blank copies of the form on file at all times.
California Child Protective Service Agency in Los Angeles 1-800-540-4000
Call to initiate a response for suspected child abuse
Submit form SS8572 To LBPD within 36 hours.
Long Beach PD – Juvenile Division 562-590-7345
Sometimes Child Protective Services will defer to Long Beach P.D.
SUSPECTED CHILD ABUSE REPORTING PROCEDURES
1Search for a fact pattern when child abuse is suspected
- Compile a dossier of any observable behaviors or circumstances that characterize child abuse.
- Keep good notes. In cases where the facts are insufficient to give rise to suspicions, make comments supporting this decision.
2Apply “reasonable suspicion” standard to the facts.
a. Reasonable suspicion arises when a person judges the same facts that another reasonable person in like position with similar training and experience would and arrives to a similar claim for suspicion of child abuse.
b. It is not your responsibility to investigate if child abuse has occurred but only if the facts presented give rise to reasonable suspicion. The reasonable suspicion standard is a diagnostics tool with a lower “proof” threshold than the standard applied elsewhere within the legal system.
3Contact your supervisor to discuss the case.
4Report a suspected child abuse incident to a child protective agency.
5Obtain as much information from the victim as possible and keep the victim on at the site for as long as possible.
6File an SS8572 (original and two copies) with LBPD within 36 hours. Note the document distribution is found at the bottom of SS8572.
7Submit an Incident/Accident Report by no later than next business day with copy of SS8572.
8Control the flow of information. Inquiries regarding the issue are the site supervisor’s responsibility.
Rev. 2/10