Gangsta's Child Abuse Key to His Suicide

Note: I wrote the report-and-opinion, below, for an attorney who hired me to help her represent a school district being sued by the parents of a middle-school student (15 years old) who committed suicide shortly after ditching school to lead a media-publicized public protest and demonstration on the day the U.S. Congress was considering measures that the student claimed--echoing community activists--were intended to deport undocumented Hispanics illegally living and working in California. We won the case. The school district did not have to pay the parents one dime. My report illustrates the lengths to which the parents went, in their crass attempt to rip off the school district, with bogus claims that twisted a social issue into a vehicle for selfish, personal gain while masking conditions at home that had tormented their deceased son.

# # #

James E. Shaw, Ph.D.
Superior Court-certified Expert Witness: Member of the Panel of Experts, Los Angeles Superior Court, Foltz Criminal Justice Center. Expertise: Gangs; Juvenile Homicide & Violence; School Safety; Author of the nationally-acclaimed book, Jack and Jill, Why They Kill; Creator of the Homicidally-at-Risk Adolescent Profile (H.A.R.A.P.®); Writer of the B.R.A.V.E. (“Be Resilient Avoid Violence Everywhere”) Curriculum; Editor of The Los Angeles County Master Plan for School Safety; advisor on California Department of Education/Los Angeles County Office of Education’s Classroom Management Guide; Editor and Advisor on the Los Angeles County Sheriff Department/Los Angeles County Board of Supervisors/Los Angeles County Office of Education’s “Helping Improve Police Practices” (H.I.P.P.) manual for law enforcement working with students and gangs; and author of the forthcoming book, GANGrene: Youth Terrorism USA


May 14, 2007


XXXXXX, Esq.
XXXXXX & Associates
XXXXXX First Floor
XXXXXX, CA 92614

Re: XXXXXXs v. XXXXXX, Case No. XXXXXX.

My Reading of and Findings About the Supplemental Materials Recvd on May 10, 2007


XXXXXX and School
The school in which, according to Mr. XXXXXX, XXXXXX had good attendance and good grades, joined with law enforcement and the juvenile court in punishing him for bringing a knife on campus; further, Mr. XXXXXX cautioned him about the minimum-to-maximum punishments he could face by deliberately committing truancy. XXXXXX perhaps felt that, unlike XXXXXX’s view of his truancy being simply ditching school, he was marching to the beat of a national drum—immigration rights.

Stepfather’s Gun Used in Suicide Act
After acquiring the gun under very questionable circumstances, XXXXXX’s stepfather didn’t really get rid of the gun like XXXXXX’s mother insisted he do. Instead, he hid it in the garage. (A) It is important to note that some parents who themselves are gangbangers, or live around gangs, provide their male children with direct and indirect access to guns. My view is that there is a definite reason why XXXXXX’s father refused to get rid of the gun after acquiring it suspiciously (he tells Officer XXXXXX XXXXXX it was used in a “hit,” he recovered it and his friend gave him the bullets) instead of buying a gun legally and registering it. XXXXXX’s stepfather’s behavior is identical to that of a criminal gangbanger. Who, in their right mind (except a gangbanger) would obtain a gun which he knows may have “been used in a hit” (Officer XXXXXX). XXXXXX’s stepfather might well be a felon who has served time in prison and has a criminal record. (B) At the XXXXXX Juvenile Hall where I work, some parents have been arrested on Sundays, during the 1:00 p.m. to 4:00 p.m. visitation period, after attempting to spirit handguns past the sheriff deputies and metal detectors. (C) Parents who have served time in prison often make guns available to their male children. (D) Speaking of providing a gun to their child, who provided Anthony with the knife he took to school—his stepfather?

XXXXXX Projected Onto Himself His Gangster Heroes’ Life Philosophies
XXXXXX knew that both Hip Hop icons Tupac Shakur and Biggie Smalls died from injuries they received after being shot with guns. Viewing himself as a lover like Biggie Smalls and a [gang] “soldier” like Tupac Shakur, he wanted Smalls’ and Shakur’s music played at his funeral with the exact songs they wrote to extol, narcissistically, these virtues and views they held of themselves.

XXXXXX Saw Criminal Gangbanger’s Problems as His Own
XXXXXX latched onto himself the “problems” the late criminal Tupac Shakur extolled in his “Thugz Mansion” rap song, the song XXXXXX, in his suicide note, ordered be played at his funeral. True, it could be logically argued that none of what Tupac Shakur talks about in his bleak, depressing, barren rap applies to XXXXXX’s life at all. XXXXXX merely appropriated Tupac Shakur’s story as his own. Shakur’s blaming everybody else for “me being me” (my emphasis) is precisely the manner in which XXXXXX appropriated Mr. XXXXXX into his own personal misery and pain. Mr. XXXXXX had about as much to do with XXXXXX’s subsequent mental and emotional states, after he criticized XXXXXX’s school-ditching behavior, as a highway patrol officer has to do with a speeding motorist’s mental and emotional states following pursuit of him for reckless driving and giving him a citation.

XXXXXX’s Distorted View of Life Blinded Him to Confiding in Those Close to Him
As did Tupac Shakur, XXXXXX seemed to think he was all alone in this world. That is the danger of Hip Hop music: It invades the psyche and infects the very soul of unstable, unsure, emotionally-fragile youth who then, in a badly-blurred and entirely out of focus world-view, see their own life as a mirror-image of the rap artist’s life. This is distortion of the worst sort, accompanied by the paranoia, blame, anger, spitefulness and, particularly, uneven behavior: Dating Joycelyn for two weeks but not introducing her to his mom, yet narcissistically calling her the “best one I ever had”, as though his Hip Hip idol Biggie Smalls was listening; being close enough to his natural father to play basketball with him but not confiding in his father about his stepfather’s abuse of him (Offcr XXXXXX’ report), or his plan to boycott school over the immigration rights issue; talking with his mother only once about the immigration issue; struggling to get a paltry few middle school students to join his walkout and, after being warned by XXXXXX High School students about getting cited, failing to muster support from any OHS students.

XXXXXX, Idolizing a Real-Life Gangster, Deliberately Broke Truancy Law
XXXXXX’s hero, Tupac Shakur, was a criminal, a thug who proudly declared himself so with his huge tattoo, “Thug Life” on his chest and stomach. I did not see evidence of XXXXXX having any tattoo (it might be worth verifying whether he did or not). Shakur was a criminal; criminals break laws. XXXXXX was determined to break the law despite (a) knowing he was on probation for a weapons violation at school; and (b) hearing, first-hand, warnings from OHS students that they were cited for walking out of school. Unlike Shakur, however, who absolutely did not care what society thought of him, XXXXXX did care. And he felt the bitter sting of failure when the students he hoped to muster in support of his walkout slipped from his grasp like a handful of sand through his fingers. A middle school student’s dream of having high school students follow as he leads them can be intoxicating—a true power rush. Hip Hop icon Shakur had a nation of young criminal street gangs to “back” him up, with his hostile, anti-social, cancerous, toxic views. XXXXXX still relied on (1) “good” students to validate his view of himself and provide him approval cues and social status; and (2) the XXXXXX Middle School to approve of him, in loco parentis. However, he was totally unprepared for coming face-to-face with failure. Power-mad as he was, the emotional impact of playing thug by ditching school and using immigration rights as his national issue—as had Tupac Shakur, in his Thugz Mansion rap, used police as his national issue—was simply too much for him. Being denied the end-of-year dance must have been a hard slap in the face. XXXXXX perhaps felt he had to “dance” to other people’s music and was simply tired of all that. His idol, Tupac Shakur, at least, danced to his own.

XXXXXX Decided to Hurt the School for the Penalty Imposed on Him
XXXXXX desperately needed the school’s validation and support. His phone comment to his mother about “getting in trouble at school” (Offcr XXXXXX’s report) must be seriously considered in this regard. He felt he did not have the school’s validation and support, and the realization pained him beyond his ability to tolerate. Vice principal XXXXXX’s decision was permanent. There was no way he would change the cancellation of the Disneyland trip or the order that XXXXXX not go to the school dance. XXXXXX decided, therefore, to make a final decision for the school (falsely blaming Mr. XXXXXX for his school problems), one they would also never be able to change: His own death.

XXXXXX’s Suicide Note Shows He Fell Off His Own Emotional Cliff
Just like his elliptical (incomplete, insufficient), one-time reference to his mother and others about immigration rights, XXXXXX made a passing, confusing reference to “Mr. Bent” (sic) in his suicide note. He failed to explain why “Mr. Bent is a motherfucker.” In his rambling, disconnected note, he didn’t include Mr. XXXXXX in any key topic sentence or explanatory paragraph. If Mr. XXXXXX was the source of his mental and emotional distress, he would have opened his suicide note by directly and clearly stating precisely why, how, and when Mr. XXXXXX caused him pain and suffering. More important, he did not verbally blame Mr. XXXXXX for anything at all. Rather, he stated that he had to kill himself because “I’ve got too many problems.” He did not say whether he had problems with any person or persons, or what, exactly, his problems were. He didn’t even mention whether others had problems, simply that “a (sic) have to many problems.” It must be seen that the passion he exudes for his family, friends, and girlfriend, in his unique, elliptical and immature style, did not transfer over to discussing his “to many problems”, whether they included Mr. XXXXXX or not. Therefore, his silence in this regard must be seen for what it is: A refutation and rebuttal of other [plaintiff] expert witness’s “last known contact” (my emphasis) theory: Mr. XXXXXX was one of XXXXXX’s last known contacts; therefore, he pushed XXXXXX over the edge. That view illogically assumes facts not in evidence. XXXXXX fell off his own emotional cliff. He was not pushed by Mr XXXXXX.

XXXXXX’s Abusive Stepfather, Not XXXXXX, Caused His Emotional Distress
Friends of XXXXXX and his family rushed wildly and erroneously to blame Mr. XXXXXX for causing XXXXXX’s mood swing that stopped its pendulum at the exact moment he decided to kill himself. However, case documentation shows that:

➢ (a) XXXXXX offered no defense for himself when Mr. XXXXXX criticized him and friends for ditching school. At least, in the knife incident he and family said the knife was simply, innocuously in his backpack, without telling the “other” story: he brought it to school and pulled it out to threaten another student in a fight;
➢ (b) he brought no other support (family or friend) to defend what he mistakenly thought was his “constitutional right” to walk out of school to protest a national issue.
➢ (c) XXXXXX had told another boy that his (XXXXXX’s) stepfather was physically abusing him and his three-year old sister. The mother of the boy to whom XXXXXX told this called a school employee, XXXXXX XXXXXX, and reported this. Ms. XXXXXX subsequently told Officer XXXXXX XXXXXX.
➢ (d) XXXXXX also told the boy (according to the reporting mother) “he rather be dead, than to be living at home.” (See Officer XXXXXX XXXXXX’ report.)
➢
➢ Personal Anger and Disappointment Turn to Vengeance
➢ XXXXXX was extremely angry at himself and bitterly disappointed with his “performance”: He simply failed to organize and lead others to his way of thinking. Whether protesting the perceived “anti-immigration” legislation was his real reason for ditching school that day or not, the actual reason for his role in his own death was he could not go home and accept further parental abuse and accept the failure of being totally unable to convince enough students to boycott school. Therefore, others would have to pay for his shame, pain and suffering: Mr XXXXXX, his family, and, especially, his friends who weren’t “there” for him.
➢
➢ How Stepfather’s Alleged Abuse Might Have Affected XXXXXX
➢ Being physically abused by his stepfather would:

➢ (a) force XXXXXX into silence. Snitching is taboo, especially when it reports a blood parent or step parent; hence, no mention of his stepfather in his suicide note, just a vulgarism for “Mr. Bent” (sic);
➢ (b) XXXXXX’s silence (my previous comments) is consistent with his talking with his mother on the phone after the ditching incident and the trouble it might cause him at school but, according to Officer XXXXXX A. XXXXXX of the XXXXXX Police Department, XXXXXX “did not give any indication that he was going to harm himself in any way.” And why would he? If he never told his mother what her new husband, his stepfather, was doing to him, why should he tell her about the morbid thoughts he had about taking his own life? [Victims of abuse frequently respond this way; stoic, and, working in silence, they harm themselves, not those harming them.]
➢ (c) cause him to feel his mother had betrayed him as a result of his not being able to confide in her about what her beloved second husband was doing to him (perhaps she knew and did not intervene for her own reasons);
➢ (d) cause him to desire to rise above himself and his circumstances at home; thus, the immigrants rights issue was the “ticket” he sought for pursuing this goal; and
➢ (e) reinforce to him, in overwhelming terms, that no matter what his big, lofty goals were about a student walkout, he was not big enough (or loved enough by others) to keep from being physically abused by his stepfather. XXXXXX’s failure to convince enough others to join his walkout, was proof to him that he was nothing more than a kid physically abused by his stepfather. Nothing more.
➢
XXXXXX, a Social Failure
➢ My first point of view: XXXXXX failed in getting more than 20 students to walk out with him to protest perceived anti-immigration laws. Looking at his paltry few confederates filled him with such anger and embarrassment, that he and some of his male friends retreated to a liquor store. He had to face the bitter truth when, upon leaving the liquor store, he saw that no additional middle school students, and absolutely no high school students, had joined him.
➢
➢ My second point of view: If XXXXXX was a gangbanger (ignore his family’s denial about this—family members regularly and consistently lie to authorities about their children’s gang acts and activities), then his failure to get more students to join his walkout was because rival gangs do not mill in the streets and “unite” for one cause. They just don’t stop fighting each other and instantly join hands together in a [political issue] walkout to show “unity.” With XXXXXX, the failure must have cut deep inside him, and the bile must have stung like bitter poison when he realized: No gangbanger is going to join a middle school student’s school walkout and risk getting shot and killed in a drive-by blaze of gunfire by rival gangs resenting some of their own members publicly walking (or, as they say, “kickin’ it”) with the enemy.
➢
➢ XXXXXX’s Final Act: Vengeance and Criticism
➢ XXXXXX’s act of suicide virtually guaranteed that, at his funeral, those very students he wanted to accompany him would now [be forced to] march past him in respect at his funeral. Though flawed with spelling errors, a line from his suicide note says it all, from his heart: “tell everone (sic) in my school there (sic) invide (sic) to my funel (sic).”
➢
➢ Sadly, for XXXXXX, despite, or rather because of, his stepfather’s alleged abuse of him, combined with his massive embarrassment and shame at failing to attract a large following of students to join him in walking out of school, his act of suicide was the highest form of self-criticism.


Respectfully submitted,

California Penal Code: Child Abuse/Neglect Reporting Act

CALIFORNIA CODES
PENAL CODE
SECTION 11164-11174.3




11164. (a) This article shall be known and may be cited as the
Child Abuse and Neglect Reporting Act.
(b) The intent and purpose of this article is to protect children
from abuse and neglect. In any investigation of suspected child
abuse or neglect, all persons participating in the investigation of
the case shall consider the needs of the child victim and shall do
whatever is necessary to prevent psychological harm to the child
victim.


11165. As used in this article "child" means a person under the age
of 18 years.



11165.1. As used in this article, "sexual abuse" means sexual
assault or sexual exploitation as defined by the following:
(a) "Sexual assault" means conduct in violation of one or more of
the following sections: Section 261 (rape), subdivision (d) of
Section 261.5 (statutory rape), 264.1 (rape in concert), 285
(incest), 286 (sodomy), subdivision (a) or (b), or paragraph (1) of
subdivision (c) of Section 288 (lewd or lascivious acts upon a
child), 288a (oral copulation), 289 (sexual penetration), or 647.6
(child molestation).
(b) Conduct described as "sexual assault" includes, but is not
limited to, all of the following:
(1) Any penetration, however slight, of the vagina or anal opening
of one person by the penis of another person, whether or not there
is the emission of semen.
(2) Any sexual contact between the genitals or anal opening of one
person and the mouth or tongue of another person.
(3) Any intrusion by one person into the genitals or anal opening
of another person, including the use of any object for this purpose,
except that, it does not include acts performed for a valid medical
purpose.
(4) The intentional touching of the genitals or intimate parts
(including the breasts, genital area, groin, inner thighs, and
buttocks) or the clothing covering them, of a child, or of the
perpetrator by a child, for purposes of sexual arousal or
gratification, except that, it does not include acts which may
reasonably be construed to be normal caretaker responsibilities;
interactions with, or demonstrations of affection for, the child; or
acts performed for a valid medical purpose.
(5) The intentional masturbation of the perpetrator's genitals in
the presence of a child.
(c) "Sexual exploitation" refers to any of the following:
(1) Conduct involving matter depicting a minor engaged in obscene
acts in violation of Section 311.2 (preparing, selling, or
distributing obscene matter) or subdivision (a) of Section 311.4
(employment of minor to perform obscene acts).
(2) Any person who knowingly promotes, aids, or assists, employs,
uses, persuades, induces, or coerces a child, or any person
responsible for a child's welfare, who knowingly permits or
encourages a child to engage in, or assist others to engage in,
prostitution or a live performance involving obscene sexual conduct,
or to either pose or model alone or with others for purposes of
preparing a film, photograph, negative, slide, drawing, painting, or
other pictorial depiction, involving obscene sexual conduct. For the
purpose of this section, "person responsible for a child's welfare"
means a parent, guardian, foster parent, or a licensed administrator
or employee of a public or private residential home, residential
school, or other residential institution.
(3) Any person who depicts a child in, or who knowingly develops,
duplicates, prints, or exchanges, any film, photograph, video tape,
negative, or slide in which a child is engaged in an act of obscene
sexual conduct, except for those activities by law enforcement and
prosecution agencies and other persons described in subdivisions (c)
and (e) of Section 311.3.


11165.2. As used in this article, "neglect" means the negligent
treatment or the 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. The term includes both acts
and omissions on the part of the responsible person.
(a) "Severe neglect" means the negligent failure of a person
having the care or custody of a child to protect the child from
severe malnutrition or medically diagnosed nonorganic failure to
thrive. "Severe neglect" also means those situations of neglect
where any person having the care or custody of a child willfully
causes or permits the person or health of the child to be placed in a
situation such that his or her person or health is endangered, as
proscribed by Section 11165.3, including the intentional failure to
provide adequate food, clothing, shelter, or medical care.
(b) "General neglect" means the negligent failure of a person
having the care or custody of a child to provide adequate food,
clothing, shelter, medical care, or supervision where no physical
injury to the child has occurred.
For the purposes of this chapter, a child receiving treatment by
spiritual means as provided in Section 16509.1 of the Welfare and
Institutions Code or not receiving specified medical treatment for
religious reasons, shall not for that reason alone be considered a
neglected child. An informed and appropriate medical decision made
by parent or guardian after consultation with a physician or
physicians who have examined the minor does not constitute neglect.




11165.3. As used in this article, "the willful harming or injuring
of a child or the endangering of the person or health of a child,"
means a situation in which any person willfully causes or permits any
child to suffer, or inflicts thereon, unjustifiable physical pain or
mental suffering, or having the care or custody of any child,
willfully causes or permits the person or health of the child to be
placed in a situation in which his or her person or health is
endangered.


11165.4. As used in this article, "unlawful corporal punishment or
injury" means a situation where any person willfully inflicts upon
any child any cruel or inhuman corporal punishment or injury
resulting in a traumatic condition. It does not include an amount of
force that is reasonable and necessary for a person employed by or
engaged in a public school to quell a disturbance threatening
physical injury to person or damage to property, for purposes of
self-defense, or to obtain possession of weapons or other dangerous
objects within the control of the pupil, as authorized by Section
49001 of the Education Code. It also does not include the exercise
of the degree of physical control authorized by Section 44807 of the
Education Code. It also does not include an injury caused by
reasonable and necessary force used by a peace officer acting within
the course and scope of his or her employment as a peace officer.



11165.5. As used in this article, the term "abuse or neglect in
out-of-home care" includes physical injury inflicted upon a child by
another person by other than accidental means, sexual abuse as
defined in Section 11165.1, neglect as defined in Section 11165.2,
unlawful corporal punishment or injury as defined in Section 11165.4,
or the willful harming or injuring of a child or the endangering of
the person or health of a child, as defined in Section 11165.3, where
the person responsible for the child's welfare is a licensee,
administrator, or employee of any facility licensed to care for
children, or an administrator or employee of a public or private
school or other institution or agency. "Abuse or neglect in
out-of-home care" does not include an injury caused by reasonable and
necessary force used by a peace officer acting within the course and
scope of his or her employment as a peace officer.



11165.6. As used in this article, the term "child abuse or neglect"
includes physical injury inflicted by other than accidental means
upon a child by another person, sexual abuse as defined in Section
11165.1, neglect as defined in Section 11165.2, the willful harming
or injuring of a child or the endangering of the person or health of
a child, as defined in Section 11165.3, and unlawful corporal
punishment or injury as defined in Section 11165.4. "Child abuse or
neglect" does not include a mutual affray between minors. "Child
abuse or neglect" does not include an injury caused by reasonable and
necessary force used by a peace officer acting within the course and
scope of his or her employment as a peace officer.




11165.7. (a) As used in this article, "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 day camp.
(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 California
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.
(b) Except as provided in paragraph (35) of subdivision (a),
volunteers of public or private organizations whose duties require
direct contact with and supervision of children are not mandated
reporters but are encouraged to obtain training in the identification
and reporting of child abuse and neglect and are further encouraged
to report known or suspected instances of child abuse or neglect to
an agency specified in Section 11165.9.
(c) Employers are strongly encouraged to provide their employees
who are mandated reporters with training in the duties imposed by
this article. This training shall include training in child abuse and
neglect identification and training in child abuse and neglect
reporting. Whether or not employers provide their employees with
training in child abuse and neglect identification and reporting, the
employers shall provide their employees who are mandated reporters
with the statement required pursuant to subdivision (a) of Section
11166.5.
(d) School districts that do not train their employees specified
in subdivision (a) in the duties of mandated reporters under the
child abuse reporting laws shall report to the State Department of
Education the reasons why this training is not provided.
(e) Unless otherwise specifically provided, the absence of
training shall not excuse a mandated reporter from the duties imposed
by this article.
(f) Public and private organizations are encouraged to provide
their volunteers whose duties require direct contact with and
supervision of children with training in the identification and
reporting of child abuse and neglect.



11165.9. Reports of suspected child abuse or neglect shall be made
by mandated reporters, or in the case of reports pursuant to Section
11166.05, may be made, to any police department or sheriff's
department, not including a school district police or security
department, county probation department, if designated by the county
to receive mandated reports, or the county welfare department. Any of
those agencies shall accept a report of suspected child abuse or
neglect whether offered by a mandated reporter or another person, or
referred by another agency, even if the agency to whom the report is
being made lacks subject matter or geographical jurisdiction to
investigate the reported case, unless the agency can immediately
electronically transfer the call to an agency with proper
jurisdiction. When an agency takes a report about a case of suspected
child abuse or neglect in which that agency lacks jurisdiction, the
agency shall immediately refer the case by telephone, fax, or
electronic transmission to an agency with proper jurisdiction.
Agencies that are required to receive reports of suspected child
abuse or neglect may not refuse to accept a report of suspected child
abuse or neglect from a mandated reporter or another person unless
otherwise authorized pursuant to this section, and shall maintain a
record of all reports received.


11165.11. As used in this article, "licensing agency" means the
State Department of Social Services office responsible for the
licensing and enforcement of the California Community Care
Facilities Act (Chapter 3 (commencing with Section 1500) of Division
2 of the Health and Safety Code), the California Child Day Care Act
(Chapter 3.4 (commencing with Section 1596.70) of Division 2 of the
Health and Safety Code), and Chapter 3.5 (commencing with Section
1596.90) of Division 2 of the Health and Safety Code), or the county
licensing agency which has contracted with the state for performance
of those duties.


11165.12. As used in this article, the following definitions shall
control:
(a) "Unfounded report" means a report that is determined by the
investigator who conducted the investigation to be false, to be
inherently improbable, to involve an accidental injury, or not to
constitute child abuse or neglect, as defined in Section 11165.6.
(b) "Substantiated report" means a report that is determined by
the investigator who conducted the investigation to constitute child
abuse or neglect, as defined in Section 11165.6, based upon evidence
that makes it more likely than not that child abuse or neglect, as
defined, occurred.
(c) "Inconclusive report" means a report that is determined by the
investigator who conducted the investigation not to be unfounded,
but the findings are inconclusive and there is insufficient evidence
to determine whether child abuse or neglect, as defined in Section
11165.6, has occurred.



11165.13. For purposes of this article, a positive toxicology
screen at the time of the delivery of an infant is not in and of
itself a sufficient basis for reporting child abuse or neglect.
However, any indication of maternal substance abuse shall lead to an
assessment of the needs of the mother and child pursuant to Section
123605 of the Health and Safety Code. If other factors are present
that indicate risk to a child, then a report shall be made. However,
a report based on risk to a child which relates solely to the
inability of the parent to provide the child with regular care due to
the parent's substance abuse shall be made only to a county welfare
or probation department, and not to a law enforcement agency.




11165.14. The appropriate local law enforcement agency shall
investigate a child abuse complaint filed by a parent or guardian of
a pupil with a school or an agency specified in Section 11165.9
against a school employee or other person that commits an act of
child abuse, as defined in this article, against a pupil at a
schoolsite and shall transmit a substantiated report, as defined in
Section 11165.12, of that investigation to the governing board of the
appropriate school district or county office of education. A
substantiated report received by a governing board of a school
district or county office of education shall be subject to the
provisions of Section 44031 of the Education Code.



11166. (a) Except as provided in subdivision (d), and in Section
11166.05, a mandated reporter shall 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 the victim of child
abuse or neglect. The mandated reporter shall make an initial report
to the agency immediately or as soon as is practicably possible by
telephone and the mandated reporter shall prepare and send, fax, or
electronically transmit a written followup report thereof within 36
hours of receiving the information concerning the incident. The
mandated reporter may include with the report any nonprivileged
documentary evidence the mandated reporter possesses relating to the
incident.
(1) For the purposes of this article, "reasonable suspicion" means
that it is objectively reasonable for a person to entertain a
suspicion, 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. For the purpose of
this article, the pregnancy of a minor does not, in and of itself,
constitute a basis for a reasonable suspicion of sexual abuse.
(2) The agency shall be notified and a report shall be prepared
and sent, faxed, or electronically transmitted even if the child has
expired, regardless of whether or not the possible abuse was a factor
contributing to the death, and even if suspected child abuse was
discovered during an autopsy.
(3) Any report made by a mandated reporter pursuant to this
section shall be known as a mandated report.
(b) If after reasonable efforts a mandated reporter is unable to
submit an initial report by telephone, he or she shall immediately or
as soon as is practicably possible, by fax or electronic
transmission, make a one-time automated written report on the form
prescribed by the Department of Justice, and shall also be available
to respond to a telephone followup call by the agency with which he
or she filed the report. A mandated reporter who files a one-time
automated written report because he or she was unable to submit an
initial report by telephone is not required to submit a written
followup report.
(1) The one-time automated written report form prescribed by the
Department of Justice shall be clearly identifiable so that it is not
mistaken for a standard written followup report. In addition, the
automated one-time report shall contain a section that allows the
mandated reporter to state the reason the initial telephone call was
not able to be completed. The reason for the submission of the
one-time automated written report in lieu of the procedure prescribed
in subdivision (a) shall be captured in the Child Welfare
Services/Case Management System (CWS/CMS). The department shall work
with stakeholders to modify reporting forms and the CWS/CMS as is
necessary to accommodate the changes enacted by these provisions.
(2) This subdivision shall not become operative until the CWS/CMS
is updated to capture the information prescribed in this subdivision.

(3) This subdivision shall become inoperative three years after
this subdivision becomes operative or on January 1, 2009, which ever
occurs first.
(4) On the inoperative date of these provisions, a report shall be
submitted to the counties and the Legislature by the Department of
Social Services that reflects the data collected from automated
one-time reports indicating the reasons stated as to why the
automated one-time report was filed in lieu of the initial telephone
report.
(5) Nothing in this section shall supersede the requirement that a
mandated reporter first attempt to make a report via telephone, or
that agencies specified in Section 11165.9 accept reports from
mandated reporters and other persons as required.
(c) Any mandated reporter who fails to report an incident of known
or reasonably suspected child abuse or neglect as required by this
section is guilty of a misdemeanor punishable by up to six months
confinement in a county jail or by a fine of one thousand dollars
($1,000) or by both that imprisonment and fine. If a mandated
reporter intentionally conceals his or her failure to report an
incident known by the mandated reporter to be abuse or severe neglect
under this section, the failure to report is a continuing offense
until an agency specified in Section 11165.9 discovers the offense.
(d) (1) A clergy member who acquires knowledge or a reasonable
suspicion of child abuse or neglect during a penitential
communication is not subject to subdivision (a). For the purposes of
this subdivision, "penitential communication" means a communication,
intended to be in confidence, including, but not limited to, a
sacramental confession, made to a clergy member who, in the course of
the discipline or practice of his or her church, denomination, or
organization, is authorized or accustomed to hear those
communications, and under the discipline, tenets, customs, or
practices of his or her church, denomination, or organization, has a
duty to keep those communications secret.
(2) Nothing in this subdivision shall be construed to modify or
limit a clergy member's duty to report known or suspected child abuse
or neglect when the clergy member is acting in some other capacity
that would otherwise make the clergy member a mandated reporter.
(3) (A) On or before January 1, 2004, a clergy member or any
custodian of records for the clergy member may report to an agency
specified in Section 11165.9 that the clergy member or any custodian
of records for the clergy member, prior to January 1, 1997, in his or
her professional capacity or within the scope of his or her
employment, other than during a penitential communication, acquired
knowledge or had a reasonable suspicion that a child had been the
victim of sexual abuse that the clergy member or any custodian of
records for the clergy member did not previously report the abuse to
an agency specified in Section 11165.9. The provisions of Section
11172 shall apply to all reports made pursuant to this paragraph.
(B) This paragraph shall apply even if the victim of the known or
suspected abuse has reached the age of majority by the time the
required report is made.
(C) The local law enforcement agency shall have jurisdiction to
investigate any report of child abuse made pursuant to this paragraph
even if the report is made after the victim has reached the age of
majority.
(e) Any commercial film and photographic print processor who has
knowledge of or observes, within the scope of his or her professional
capacity or employment, any film, photograph, videotape, negative,
or slide depicting a child under the age of 16 years engaged in an
act of sexual conduct, shall report the instance of suspected child
abuse to the law enforcement agency having jurisdiction over the case
immediately, or as soon as practicably possible, by telephone and
shall prepare and send, fax, or electronically transmit a written
report of it with a copy of the film, photograph, videotape,
negative, or slide attached within 36 hours of receiving the
information concerning the incident. As used in this subdivision,
"sexual conduct" means any of the following:
(1) Sexual intercourse, including genital-genital, oral-genital,
anal-genital, or oral-anal, whether between persons of the same or
opposite sex or between humans and animals.
(2) Penetration of the vagina or rectum by any object.
(3) Masturbation for the purpose of sexual stimulation of the
viewer.
(4) Sadomasochistic abuse for the purpose of sexual stimulation of
the viewer.
(5) Exhibition of the genitals, pubic, or rectal areas of any
person for the purpose of sexual stimulation of the viewer.
(f) Any mandated reporter who knows or reasonably suspects that
the home or institution in which a child resides is unsuitable for
the child because of abuse or neglect of the child shall bring the
condition to the attention of the agency to which, and at the same
time as, he or she makes a report of the abuse or neglect pursuant to
subdivision (a).
(g) Any other person who has knowledge of or observes a child whom
he or she knows or reasonably suspects has been a victim of child
abuse or neglect may report the known or suspected instance of child
abuse or neglect to an agency specified in Section 11165.9.
(h) When two or more persons, who are required to report, jointly
have knowledge of a known or suspected instance of child abuse or
neglect, and when there is agreement among them, the telephone report
may be made by a member of the team selected by mutual agreement and
a single report may be made and signed by the selected member of the
reporting team. Any member who has knowledge that the member
designated to report has failed to do so shall thereafter make the
report.
(i) (1) The reporting duties under this section are individual,
and no supervisor or administrator may impede or inhibit the
reporting duties, and no person making a report shall be subject to
any sanction for making the report. However, internal procedures to
facilitate reporting and apprise supervisors and administrators of
reports may be established provided that they are not inconsistent
with this article.
(2) The internal procedures shall not require any employee
required to make reports pursuant to this article to disclose his or
her identity to the employer.
(3) Reporting the information regarding a case of possible child
abuse or neglect to an employer, supervisor, school principal, school
counselor, coworker, or other person shall not be a substitute for
making a mandated report to an agency specified in Section 11165.9.
(j) A county probation or welfare department shall immediately, or
as soon as practicably possible, report by telephone, fax, or
electronic transmission to the law enforcement agency having
jurisdiction over the case, to the agency given the responsibility
for investigation of cases under Section 300 of the Welfare and
Institutions Code, and to the district attorney's office every known
or suspected instance of child abuse or neglect, as defined in
Section 11165.6, except acts or omissions coming within subdivision
(b) of Section 11165.2, or reports made pursuant to Section 11165.13
based on risk to a child which relates solely to the inability of the
parent to provide the child with regular care due to the parent's
substance abuse, which shall be reported only to the county welfare
or probation department. A county probation or welfare department
also shall send, fax, or electronically transmit a written report
thereof within 36 hours of receiving the information concerning the
incident to any agency to which it makes a telephone report under
this subdivision.
(k) A law enforcement agency shall immediately, or as soon as
practicably possible, report by telephone, fax, or electronic
transmission to the agency given responsibility for investigation of
cases under Section 300 of the Welfare and Institutions Code and to
the district attorney's office every known or suspected instance of
child abuse or neglect reported to it, except acts or omissions
coming within subdivision (b) of Section 11165.2, which shall be
reported only to the county welfare or probation department. A law
enforcement agency shall report to the county welfare or probation
department every known or suspected instance of child abuse or
neglect reported to it which is alleged to have occurred as a result
of the action of a person responsible for the child's welfare, or as
the result of the failure of a person responsible for the child's
welfare to adequately protect the minor from abuse when the person
responsible for the child's welfare knew or reasonably should have
known that the minor was in danger of abuse. A law enforcement agency
also shall send, fax, or electronically transmit a written report
thereof within 36 hours of receiving the information concerning the
incident to any agency to which it makes a telephone report under
this subdivision.


11166.01. (a) Except as provided in subdivision (b), any supervisor
or administrator who violates paragraph (1) of subdivision (i) of
Section 11166 shall be punished by not more than six months in a
county jail, by a fine of not more than one thousand dollars
($1,000), or by both that fine and imprisonment.
(b) Notwithstanding Section 11162 or subdivision (c) of Section
11166, any mandated reporter who willfully fails to report abuse or
neglect, or any person who impedes or inhibits a report of abuse or
neglect, in violation of this article, where that abuse or neglect
results in death or great bodily injury, shall be punished by not
more than one year in a county jail, by a fine of not more than five
thousand dollars ($5,000), or by both that fine and imprisonment.



11166.05. Any mandated reporter who has knowledge of or who
reasonably suspects that a child is suffering serious emotional
damage or is at a substantial risk of suffering serious emotional
damage, evidenced by states of being or behavior, including, but not
limited to, severe anxiety, depression, withdrawal, or untoward
aggressive behavior toward self or others, may make a report to an
agency specified in Section 11165.9.



11166.1. (a) When an agency receives a report pursuant to Section
11166 that contains either of the following, it shall, within 24
hours, notify the licensing office with jurisdiction over the
facility:
(1) A report of abuse alleged to have occurred in facilities
licensed to care for children by the State Department of Social
Services.
(2) A report of the death of a child who was, at the time of
death, living at, enrolled in, or regularly attending a facility
licensed to care for children by the State Department of Social
Services, unless the circumstances of the child's death are clearly
unrelated to the child's care at the facility.
The agency shall send the licensing agency a copy of its
investigation and any other pertinent materials.
(b) Any employee of an agency specified in Section 11165.9 who has
knowledge of, or observes in his or her professional capacity or
within the scope of his or her employment, a child in protective
custody whom he or she knows or reasonably suspects has been the
victim of child abuse or neglect shall, within 36 hours, send or have
sent to the attorney who represents the child in dependency court, a
copy of the report prepared in accordance with Section 11166. The
agency shall maintain a copy of the written report. All information
requested by the attorney for the child or the child's guardian ad
litem shall be provided by the agency within 30 days of the request.




11166.2. In addition to the reports required under Section 11166,
any agency specified in Section 11165.9 shall immediately or as soon
as practically possible report by telephone, fax, or electronic
transmission to the appropriate licensing agency every known or
suspected instance of child abuse or neglect when the instance of
abuse or neglect occurs while the child is being cared for in a child
day care facility, involves a child day care licensed staff person,
or occurs while the child is under the supervision of a community
care facility or involves a community care facility licensee or staff
person. The agency shall also send, fax, or electronically transmit
a written report thereof within 36 hours of receiving the
information concerning the incident to any agency to which it makes a
telephone report under this subdivision. The agency shall send the
licensing agency a copy of its investigation report and any other
pertinent materials.


11166.3. (a) The Legislature intends that in each county the law
enforcement agencies and the county welfare or probation department
shall develop and implement cooperative arrangements in order to
coordinate existing duties in connection with the investigation of
suspected child abuse or neglect cases. The local law enforcement
agency having jurisdiction over a case reported under Section 11166
shall report to the county welfare or probation department that it is
investigating the case within 36 hours after starting its
investigation. The county welfare department or probation department
shall, in cases where a minor is a victim of actions specified in
Section 288 of this code and a petition has been filed pursuant to
Section 300 of the Welfare and Institutions Code with regard to the
minor, evaluate what action or actions would be in the best interest
of the child victim. Notwithstanding any other provision of law, the
county welfare department or probation department shall submit in
writing its findings and the reasons therefor to the district
attorney on or before the completion of the investigation. The
written findings and the reasons therefor shall be delivered or made
accessible to the defendant or his or her counsel in the manner
specified in Section 859.
(b) The local law enforcement agency having jurisdiction over a
case reported under Section 11166 shall report to the district office
of the State Department of Social Services any case reported under
this section if the case involves a facility specified in paragraph
(5) or (6) of subdivision (a) of Section 1502, Section 1596.750 or
1596.76 of the Health and Safety Code, and the licensing of the
facility has not been delegated to a county agency. The law
enforcement agency shall send a copy of its investigation report and
any other pertinent materials to the licensing agency upon the
request of the licensing agency.



11166.5. (a) On and after January 1, 1985, any mandated reporter as
specified in Section 11165.7, with the exception of child visitation
monitors, prior to commencing his or her employment, and as a
prerequisite to that employment, shall sign a statement on a form
provided to him or her by his or her employer to the effect that he
or she has knowledge of the provisions of Section 11166 and will
comply with those provisions. The statement shall inform the
employee that he or she is a mandated reporter and inform the
employee of his or her reporting obligations under Section 11166 and
of his or her confidentiality rights under subdivision (d) of Section
11167. The employer shall provide a copy of Sections 11165.7,
11166, and 11167 to the employee.
On and after January 1, 1993, any person who acts as a child
visitation monitor, as defined in paragraph (30) of subdivision (a)
of Section 11165.7, prior to engaging in monitoring the first visit
in a case, shall sign a statement on a form provided to him or her by
the court which ordered the presence of that third person during the
visit, to the effect that he or she has knowledge of the provisions
of Section 11166 and will comply with those provisions.
The signed statements shall be retained by the employer or the
court, as the case may be. The cost of printing, distribution, and
filing of these statements shall be borne by the employer or the
court.
This subdivision is not applicable to persons employed by public
or private youth centers, youth recreation programs, and youth
organizations as members of the support staff or maintenance staff
and who do not work with, observe, or have knowledge of children as
part of their official duties.
(b) On and after January 1, 1986, when a person is issued a state
license or certificate to engage in a profession or occupation, the
members of which are required to make a report pursuant to Section
11166, the state agency issuing the license or certificate shall send
a statement substantially similar to the one contained in
subdivision (a) to the person at the same time as it transmits the
document indicating licensure or certification to the person. In
addition to the requirements contained in subdivision (a), the
statement also shall indicate that failure to comply with the
requirements of Section 11166 is a misdemeanor, punishable by up to
six months in a county jail, by a fine of one thousand dollars
($1,000), or by both that imprisonment and fine.
(c) As an alternative to the procedure required by subdivision
(b), a state agency may cause the required statement to be printed on
all application forms for a license or certificate printed on or
after January 1, 1986.
(d) On and after January 1, 1993, any child visitation monitor, as
defined in paragraph (30) of subdivision (a) of Section 11165.7, who
desires to act in that capacity shall have received training in the
duties imposed by this article, including training in child abuse
identification and child abuse reporting. The person, prior to
engaging in monitoring the first visit in a case, shall sign a
statement on a form provided to him or her by the court which ordered
the presence of that third person during the visit, to the effect
that he or she has received this training. This statement may be
included in the statement required by subdivision (a) or it may be a
separate statement. This statement shall be filed, along with the
statement required by subdivision (a), in the court file of the case
for which the visitation monitoring is being provided.
(e) Any person providing services to a minor child, as described
in paragraph (37) of subdivision (a) of Section 11165.7, shall not be
required to make a report pursuant to Section 11166 unless that
person has received training, or instructional materials in the
appropriate language, on the duties imposed by this article,
including identifying and reporting child abuse and neglect.



11167. (a) Reports of suspected child abuse or neglect pursuant to
Section 11166 or Section 11166.05 shall include the name, business
address, and telephone number of the mandated reporter; the capacity
that makes the person a mandated reporter; and the information that
gave rise to the reasonable suspicion of child abuse or neglect and
the source or sources of that information. If a report is made, the
following information, if known, shall also be included in the
report: the child's name, the child's address, present location, and,
if applicable, school, grade, and class; the names, addresses, and
telephone numbers of the child's parents or guardians; and the name,
address, telephone number, and other relevant personal information
about the person or persons who might have abused or neglected the
child. The mandated reporter shall make a report even if some of this
information is not known or is uncertain to him or her.
(b) Information relevant to the incident of child abuse or neglect
may be given to an investigator from an agency that is investigating
the known or suspected case of child abuse or neglect.
(c) Information relevant to the incident of child abuse or
neglect, including the investigation report and other pertinent
materials, may be given to the licensing agency when it is
investigating a known or suspected case of child abuse or neglect.
(d) (1) The identity of all persons who report under this article
shall be confidential and disclosed only among agencies receiving or
investigating mandated reports, to the prosecutor in a criminal
prosecution or in an action initiated under Section 602 of the
Welfare and Institutions Code arising from alleged child abuse, or to
counsel appointed pursuant to subdivision (c) of Section 317 of the
Welfare and Institutions Code, or to the county counsel or prosecutor
in a proceeding under Part 4 (commencing with Section 7800) of
Division 12 of the Family Code or Section 300 of the Welfare and
Institutions Code, or to a licensing agency when abuse or neglect in
out-of-home care is reasonably suspected, or when those persons waive
confidentiality, or by court order.
(2) No agency or person listed in this subdivision shall disclose
the identity of any person who reports under this article to that
person's employer, except with the employee's consent or by court
order.
(e) Notwithstanding the confidentiality requirements of this
section, a representative of a child protective services agency
performing an investigation that results from a report of suspected
child abuse or neglect made pursuant to Section 11166 or Section
11166.05, at the time of the initial contact with the individual who
is subject to the investigation, shall advise the individual of the
complaints or allegations against him or her, in a manner that is
consistent with laws protecting the identity of the reporter under
this article.
(f) Persons who may report pursuant to subdivision (g) of Section
11166 are not required to include their names.




11167.5. (a) The reports required by Sections 11166 and 11166.2, or
authorized by Section 11166.05, and child abuse or neglect
investigative reports that result in a summary report being filed
with the Department of Justice pursuant to subdivision (a) of Section
11169 shall be confidential and may be disclosed only as provided in
subdivision (b). Any violation of the confidentiality provided by
this article is a misdemeanor punishable by imprisonment in a county
jail not to exceed six months, by a fine of five hundred dollars
($500), or by both that imprisonment and fine.
(b) Reports of suspected child abuse or neglect and information
contained therein may be disclosed only to the following:
(1) Persons or agencies to whom disclosure of the identity of the
reporting party is permitted under Section 11167.
(2) Persons or agencies to whom disclosure of information is
permitted under subdivision (b) of Section 11170 or subdivision (a)
of Section 11170.5.
(3) Persons or agencies with whom investigations of child abuse or
neglect are coordinated under the regulations promulgated under
Section 11174.
(4) Multidisciplinary personnel teams as defined in subdivision
(d) of Section 18951 of the Welfare and Institutions Code.
(5) Persons or agencies responsible for the licensing of
facilities which care for children, as specified in Section 11165.7.

(6) The State Department of Social Services or any county
licensing agency which has contracted with the state, as specified in
paragraph (4) of subdivision (b) of Section 11170, when an
individual has applied for a community care license or child day care
license, or for employment in an out-of-home care facility, or when
a complaint alleges child abuse or neglect by an operator or employee
of an out-of-home care facility.
(7) Hospital scan teams. As used in this paragraph, "hospital scan
team" means a team of three or more persons established by a
hospital, or two or more hospitals in the same county, consisting of
health care professionals and representatives of law enforcement and
child protective services, the members of which are engaged in the
identification of child abuse or neglect. The disclosure authorized
by this section includes disclosure among all hospital scan teams.
(8) Coroners and medical examiners when conducting a post mortem
examination of a child.
(9) The Board of Prison Terms, who may subpoena an employee of a
county welfare department who can provide relevant evidence and
reports that both (A) are not unfounded, pursuant to Section
11165.12, and (B) concern only the current incidents upon which
parole revocation proceedings are pending against a parolee charged
with child abuse or neglect. The reports and information shall be
confidential pursuant to subdivision (d) of Section 11167.
(10) Personnel from an agency responsible for making a placement
of a child pursuant to Section 361.3 of, and Article 7 (commencing
with Section 305) of Chapter 2 of Part 1 of Division 2 of, the
Welfare and Institutions Code.
(11) Persons who have been identified by the Department of Justice
as listed in the Child Abuse Central Index pursuant to paragraph (6)
of subdivision (b) of Section 11170 or subdivision (c) of Section
11170, or persons who have verified with the Department of Justice
that they are listed in the Child Abuse Central Index as provided in
subdivision (e) of Section 11170. Disclosure under this paragraph is
required notwithstanding the California Public Records Act, Chapter
3.5 (commencing with Section 6250) of Division 7 of Title 1 of the
Government Code. Nothing in this paragraph shall preclude a
submitting agency prior to disclosure from redacting any information
necessary to maintain confidentiality as required by law.
(12) Out-of-state law enforcement agencies conducting an
investigation of child abuse or neglect only when an agency makes the
request for reports of suspected child abuse or neglect in writing
and on official letterhead, identifying the suspected abuser or
victim by name. The request shall be signed by the department
supervisor of the requesting law enforcement agency. The written
request shall cite the out-of-state statute or interstate compact
provision that requires that the information contained within these
reports is to be disclosed only to law enforcement, prosecutorial
entities, or multidisciplinary investigative teams, and shall cite
the criminal penalties for unlawful disclosure provided by the
requesting state or the applicable interstate compact provision. In
the absence of both (A) a specific out-of-state statute or interstate
compact provision that requires that the information contained
within these reports be disclosed only to law enforcement,
prosecutorial entities, or multidisciplinary investigative teams, and
(B) criminal penalties equivalent to the penalties in California for
unlawful disclosure, access shall be denied.
(13) Each chairperson of a county child death review team, or his
or her designee, to whom disclosure of information is permitted under
this article, relating to the death of one or more children and any
prior child abuse or neglect investigation reports maintained
involving the same victim, siblings, or suspects. Local child death
review teams may share any relevant information regarding case
reviews involving child death with other child death review teams.
(c) Authorized persons within county health departments shall be
permitted to receive copies of any reports made by health
practitioners, as defined in paragraphs (21) to (28), inclusive, of
subdivision (a) of Section 11165.7, and pursuant to Section 11165.13,
and copies of assessments completed pursuant to Sections 123600 and
123605 of the Health and Safety Code, to the extent permitted by
federal law. Any information received pursuant to this subdivision is
protected by subdivision (e).
(d) Nothing in this section requires the Department of Justice to
disclose information contained in records maintained under Section
11170 or under the regulations promulgated pursuant to Section 11174,
except as otherwise provided in this article.
(e) This section shall not be interpreted to allow disclosure of
any reports or records relevant to the reports of child abuse or
neglect if the disclosure would be prohibited by any other provisions
of state or federal law applicable to the reports or records
relevant to the reports of child abuse or neglect.



11168. The written reports required by Section 11166 shall be
submitted on forms adopted by the Department of Justice after
consultation with representatives of the various professional medical
associations and hospital associations and county probation or
welfare departments. Those forms shall be distributed by the
agencies specified in Section 11165.9.



11169. (a) An agency specified in Section 11165.9 shall forward to
the Department of Justice a report in writing of every case it
investigates of known or suspected child abuse or severe neglect
which is determined not to be unfounded, other than cases coming
within subdivision (b) of Section 11165.2. An agency shall not
forward a report to the Department of Justice unless it has conducted
an active investigation and determined that the report is not
unfounded, as defined in Section 11165.12. If a report has
previously been filed which subsequently proves to be unfounded, the
Department of Justice shall be notified in writing of that fact and
shall not retain the report. The reports required by this section
shall be in a form approved by the Department of Justice and may be
sent by fax or electronic transmission. An agency specified in
Section 11165.9 receiving a written report from another agency
specified in Section 11165.9 shall not send that report to the
Department of Justice.
(b) At the time an agency specified in Section 11165.9 forwards a
report in writing to the Department of Justice pursuant to
subdivision (a), the agency shall also notify in writing the known or
suspected child abuser that he or she has been reported to the Child
Abuse Central Index. The notice required by this section shall be
in a form approved by the Department of Justice. The requirements of
this subdivision shall apply with respect to reports forwarded to
the department on or after the date on which this subdivision becomes
operative.
(c) Agencies shall retain child abuse or neglect investigative
reports that result in a report filed with the Department of Justice
pursuant to subdivision (a) for the same period of time that the
information is required to be maintained on the Child Abuse Central
Index pursuant to this section and subdivision (a) of Section 11170.
Nothing in this section precludes an agency from retaining the
reports for a longer period of time if required by law.
(d) The immunity provisions of Section 11172 shall not apply to
the submission of a report by an agency pursuant to this section.
However, nothing in this section shall be construed to alter or
diminish any other immunity provisions of state or federal law.



11170. (a) (1) The Department of Justice shall maintain an index of
all reports of child abuse and severe neglect submitted pursuant to
Section 11169. The index shall be continually updated by the
department and shall not contain any reports that are determined to
be unfounded. The department may adopt rules governing recordkeeping
and reporting pursuant to this article.
(2) The department shall act only as a repository of reports of
suspected child abuse and severe neglect to be maintained in the
Child Abuse Central Index pursuant to paragraph (1). The submitting
agencies are responsible for the accuracy, completeness, and
retention of the reports described in this section. The department
shall be responsible for ensuring that the Child Abuse Central Index
accurately reflects the report it receives from the submitting
agency.
(3) Information from an inconclusive or unsubstantiated report
filed pursuant to subdivision (a) of Section 11169 shall be deleted
from the Child Abuse Central Index after 10 years if no subsequent
report concerning the same suspected child abuser is received within
that time period. If a subsequent report is received within that
10-year period, information from any prior report, as well as any
subsequently filed report, shall be maintained on the Child Abuse
Central Index for a period of 10 years from the time the most recent
report is received by the department.
(b) (1) The Department of Justice shall immediately notify an
agency that submits a report pursuant to Section 11169, or a
prosecutor who requests notification, of any information maintained
pursuant to subdivision (a) that is relevant to the known or
suspected instance of child abuse or severe neglect reported by the
agency. The agency shall make that information available to the
reporting medical practitioner, child custodian, guardian ad litem
appointed under Section 326, or counsel appointed under Section 317
or 318 of the Welfare and Institutions Code, or the appropriate
licensing agency, if he or she is treating or investigating a case of
known or suspected child abuse or severe neglect.
(2) When a report is made pursuant to subdivision (a) of Section
11166, or Section 11166.05, the investigating agency, upon completion
of the investigation or after there has been a final disposition in
the matter, shall inform the person required or authorized to report
of the results of the investigation and of any action the agency is
taking with regard to the child or family.
(3) The Department of Justice shall make available to a law
enforcement agency, county welfare department, or county probation
department that is conducting a child abuse investigation relevant
information contained in the index.
(4) The department shall make available to the State Department of
Social Services or to any county licensing agency that has
contracted with the state for the performance of licensing duties
information regarding a known or suspected child abuser maintained
pursuant to this section and subdivision (a) of Section 11169
concerning any person who is an applicant for licensure or any adult
who resides or is employed in the home of an applicant for licensure
or who is an applicant for employment in a position having
supervisorial or disciplinary power over a child or children, or who
will provide 24-hour care for a child or children in a residential
home or facility, pursuant to Section 1522.1 or 1596.877 of the
Health and Safety Code, or Section 8714, 8802, 8912, or 9000 of the
Family Code.
(5) For purposes of child death review, the Department of Justice
shall make available to the chairperson, or the chairperson's
designee, for each county child death review team, or the State Child
Death Review Council, information maintained in the Child Abuse
Central Index pursuant to subdivision (a) of Section 11170 relating
to the death of one or more children and any prior child abuse or
neglect investigation reports maintained involving the same victims,
siblings, or suspects. Local child death review teams may share any
relevant information regarding case reviews involving child death
with other child death review teams.
(6) The department shall make available to investigative agencies
or probation officers, or court investigators acting pursuant to
Section 1513 of the Probate Code, responsible for placing children or
assessing the possible placement of children pursuant to Article 6
(commencing with Section 300), Article 7 (commencing with Section
305), Article 10 (commencing with Section 360), or Article 14
(commencing with Section 601) of Chapter 2 of Part 1 of Division 2 of
the Welfare and Institutions Code, Article 2 (commencing with
Section 1510) or Article 3 (commencing with Section 1540) of Chapter
1 of Part 2 of Division 4 of the Probate Code, information regarding
a known or suspected child abuser contained in the index concerning
any adult residing in the home where the child may be placed, when
this information is requested for purposes of ensuring that the
placement is in the best interests of the child. Upon receipt of
relevant information concerning child abuse or neglect investigation
reports contained in the index from the Department of Justice
pursuant to this subdivision, the agency or court investigator shall
notify, in writing, the person listed in the Child Abuse Central
Index that he or she is in the index. The notification shall include
the name of the reporting agency and the date of the report.
(7) The Department of Justice shall make available to a government
agency conducting a background investigation pursuant to Section
1031 of the Government Code of an applicant seeking employment as a
peace officer, as defined in Section 830, information regarding a
known or suspected child abuser maintained pursuant to this section
concerning the applicant.
(8) (A) Persons or agencies, as specified in subdivision (b), if
investigating a case of known or suspected child abuse or neglect, or
the State Department of Social Services or any county licensing
agency pursuant to paragraph (4), or an investigative agency,
probation officer, or court investigator responsible for placing
children or assessing the possible placement of children pursuant to
paragraph (6), or a government agency conducting a background
investigation of an applicant seeking employment as a peace officer
pursuant to paragraph (7), to whom disclosure of any information
maintained pursuant to subdivision (a) is authorized, are responsible
for obtaining the original investigative report from the reporting
agency, and for drawing independent conclusions regarding the quality
of the evidence disclosed, and its sufficiency for making decisions
regarding investigation, prosecution, licensing, placement of a
child, or employment as a peace officer.
(B) If Child Abuse Central Index information is requested by an
agency for the temporary placement of a child in an emergency
situation pursuant to Article 7 (commencing with Section 305) of
Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions
Code, the department is exempt from the requirements of Section
1798.18 of the Civil Code if compliance would cause a delay in
providing an expedited response to the agency's inquiry and if
further delay in placement may be detrimental to the child.
(9) (A) Whenever information contained in the Department of
Justice files is furnished as the result of an application for
employment or licensing pursuant to paragraph (4) or (7), the
Department of Justice may charge the person or entity making the
request a fee. The fee shall not exceed the reasonable costs to the
department of providing the information. The only increase shall be
at a rate not to exceed the legislatively approved cost-of-living
adjustment for the department. In no case shall the fee exceed
fifteen dollars ($15).
(B) All moneys received by the department pursuant to this section
to process trustline applications for purposes of Chapter 3.35
(commencing with Section 1596.60) of Division 2 of the Health and
Safety Code shall be deposited in a special account in the General
Fund that is hereby established and named the Department of Justice
Child Abuse Fund. Moneys in the fund shall be available, upon
appropriation by the Legislature, for expenditure by the department
to offset the costs incurred to process trustline automated child
abuse or neglect system checks pursuant to this section.
(C) All moneys, other than that described in subparagraph (B),
received by the department pursuant to this paragraph shall be
deposited in a special account in the General Fund which is hereby
created and named the Department of Justice Sexual Habitual Offender
Fund. The funds shall be available, upon appropriation by the
Legislature, for expenditure by the department to offset the costs
incurred pursuant to Chapter 9.5 (commencing with Section 13885) and
Chapter 10 (commencing with Section 13890) of Title 6 of Part 4, and
the DNA and Forensic Identification Data Base and Data Bank Act of
1998 (Chapter 6 (commencing with Section 295) of Title 9 of Part 1),
and for maintenance and improvements to the statewide Sexual Habitual
Offender Program and the DNA offender identification file (CAL-DNA)
authorized by Chapter 9.5 (commencing with Section 13885) of Title 6
of Part 4 and the DNA and Forensic Identification Data Base and Data
Bank Act of 1998 (Chapter 6 (commencing with Section 295) of Title 9
of Part 1).
(c) The Department of Justice shall make available to any agency
responsible for placing children pursuant to Article 7 (commencing
with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare
and Institutions Code, upon request, relevant information concerning
child abuse or neglect reports contained in the index, when making a
placement with a responsible relative pursuant to Sections 281.5,
305, and 361.3 of the Welfare and Institutions Code. Upon receipt of
relevant information concerning child abuse or neglect reports
contained in the index from the Department of Justice pursuant to
this subdivision, the agency shall also notify in writing the person
listed in the Child Abuse Central Index that he or she is in the
index. The notification shall include the location of the original
investigative report and the submitting agency. The notification
shall be submitted to the person listed at the same time that all
other parties are notified of the information, and no later than the
actual judicial proceeding that determines placement.
If Child Abuse Central Index information is requested by an agency
for the placement of a child with a responsible relative in an
emergency situation pursuant to Article 7 (commencing with Section
305) of Chapter 2 of Part 1 of Division 2 of the Welfare and
Institutions Code, the department is exempt from the requirements of
Section 1798.18 of the Civil Code if compliance would cause a delay
in providing an expedited response to the child protective agency's
inquiry and if further delay in placement may be detrimental to the
child.
(d) The department shall make available any information maintained
pursuant to subdivision (a) to out-of-state law enforcement agencies
conducting investigations of known or suspected child abuse or
neglect only when an agency makes the request for information in
writing and on official letterhead, identifying the suspected abuser
or victim by name. The request shall be signed by the department
supervisor of the requesting law enforcement agency. The written
requests shall cite the out-of-state statute or interstate compact
provision that requires that the information contained within these
reports shall be disclosed only to law enforcement, prosecutorial
entities, or multidisciplinary investigative teams, and shall cite
the criminal penalties for unlawful disclosure of any confidential
information provided by the requesting state or the applicable
interstate compact provision. In the absence of a specified
out-of-state statute or interstate compact provision that requires
that the information contained within these reports shall be
disclosed only to law enforcement, prosecutorial entities, or
multidisciplinary investigative teams, and criminal penalties
equivalent to the penalties in California for unlawful disclosure,
access shall be denied.
(e) (1) Any person may determine if he or she is listed in the
Child Abuse Central Index by making a request in writing to the
Department of Justice. The request shall be notarized and include the
person's name, address, date of birth, and either a social security
number or a California identification number. Upon receipt of a
notarized request, the Department of Justice shall make available to
the requesting person information identifying the date of the report
and the submitting agency. The requesting person is responsible for
obtaining the investigative report from the submitting agency
pursuant to paragraph (11) of subdivision (b) of Section 11167.5.
(2) No person or agency shall require or request another person to
furnish a copy of a record concerning himself or herself, or
notification that a record concerning himself or herself exists or
does not exist, pursuant to paragraph (1) of this subdivision.
(f) If a person is listed in the Child Abuse Central Index only as
a victim of child abuse or neglect, and that person is 18 years of
age or older, that person may have his or her name removed from the
index by making a written request to the Department of Justice. The
request shall be notarized and include the person's name, address,
social security number, and date of birth.



11170.5. (a) Notwithstanding paragraph (4) of subdivision (b) of
Section 11170, the Department of Justice shall make available to a
licensed adoption agency, as defined in Section 8530 of the Family
Code, information regarding a known or suspected child abuser
maintained in the Child Abuse Central Index, pursuant to subdivision
(a) of Section 11170, concerning any person who has submitted to the
agency an application for adoption.
(b) A licensed adoption agency, to which disclosure of any
information pursuant to subdivision (a) is authorized, is responsible
for obtaining the original investigative report from the reporting
agency, and for drawing independent conclusions regarding the quality
of the evidence disclosed and the sufficiency of the evidence for
making decisions when evaluating an application for adoption.
(c) Whenever information contained in the Department of Justice
files is furnished as the result of an application for adoption
pursuant to subdivision (a), the Department of Justice may charge the
agency making the request a fee. The fee shall not exceed the
reasonable costs to the department of providing the information. The
only increase shall be at a rate not to exceed the legislatively
approved cost-of-living adjustment for the department. In no case
shall the fee exceed fifteen dollars ($15).
All moneys received by the department pursuant to this subdivision
shall be deposited in the Department of Justice Sexual Habitual
Offender Fund pursuant to subparagraph (C) of paragraph (9) of
subdivision (b) of Section 11170.



11171. (a) (1) The Legislature hereby finds and declares that
adequate protection of victims of child physical abuse or neglect has
been hampered by the lack of consistent and comprehensive medical
examinations.
(2) Enhancing examination procedures, documentation, and evidence
collection relating to child abuse or neglect will improve the
investigation and prosecution of child abuse or neglect as well as
other child protection efforts.
(b) The agency or agencies designated by the Director of Finance
pursuant to Section 13820 shall, in cooperation with the State
Department of Social Services, the Department of Justice, the
California Association of Crime Lab Directors, the California
District Attorneys Association, the California State Sheriffs
Association, the California Peace Officers Association, the
California Medical Association, the California Police Chiefs'
Association, child advocates, the California Medical Training Center,
child protective services, and other appropriate experts, establish
medical forensic forms, instructions, and examination protocols for
victims of child physical abuse or neglect using as a model the form
and guidelines developed pursuant to Section 13823.5.
(c) The forms shall include, but not be limited to, a place for
notation concerning each of the following:
(1) Any notification of injuries or any report of suspected child
physical abuse or neglect to law enforcement authorities or children'
s protective services, in accordance with existing reporting
procedures.
(2) Addressing relevant consent issues, if indicated.
(3) The taking of a patient history of child physical abuse or
neglect that includes other relevant medical history.
(4) The performance of a physical examination for evidence of
child physical abuse or neglect.
(5) The collection or documentation of any physical evidence of
child physical abuse or neglect, including any recommended
photographic procedures.
(6) The collection of other medical or forensic specimens,
including drug ingestion or toxication, as indicated.
(7) Procedures for the preservation and disposition of evidence.
(8) Complete documentation of medical forensic exam findings with
recommendations for diagnostic studies, including blood tests and
X-rays.
(9) An assessment as to whether there are findings that indicate
physical abuse or neglect.
(d) The forms shall become part of the patient's medical record
pursuant to guidelines established by the advisory committee of the
agency or agencies designated by the Director of Finance pursuant to
Section 13820 and subject to the confidentiality laws pertaining to
the release of a medical forensic examination records.
(e) The forms shall be made accessible for use on the Internet.




11171.2. (a) A physician and surgeon or dentist or their agents
and by their direction may take skeletal X-rays of the child without
the consent of the child's parent or guardian, but only for purposes
of diagnosing the case as one of possible child abuse or neglect and
determining the extent of the child abuse or neglect.
(b) Neither the physician-patient privilege nor the
psychotherapist-patient privilege applies to information reported
pursuant to this article in any court proceeding or administrative
hearing.


11171.5. (a) If a peace officer, in the course of an investigation
of child abuse or neglect, has reasonable cause to believe that the
child has been the victim of physical abuse, the officer may apply to
a magistrate for an order directing that the victim be X-rayed
without parental consent.
Any X-ray taken pursuant to this subdivision shall be administered
by a physician and surgeon or dentist or their agents.
(b) With respect to the cost of an X-ray taken by the county
coroner or at the request of the county coroner in suspected child
abuse or neglect cases, the county may charge the parent or legal
guardian of the child-victim the costs incurred by the county for the
X-ray.
(c) No person who administers an X-ray pursuant to this section
shall be entitled to reimbursement from the county for any
administrative cost that exceeds 5 percent of the cost of the X-ray.




11172. (a) No mandated reporter shall be civilly or criminally
liable for any report required or authorized by this article, and
this immunity shall apply even if the mandated reporter acquired the
knowledge or reasonable suspicion of child abuse or neglect outside
of his or her professional capacity or outside the scope of his or
her employment. Any other person reporting a known or suspected
instance of child abuse or neglect shall not incur civil or criminal
liability as a result of any report authorized by this article unless
it can be proven that a false report was made and the person knew
that the report was false or was made with reckless disregard of the
truth or falsity of the report, and any person who makes a report of
child abuse or neglect known to be false or with reckless disregard
of the truth or falsity of the report is liable for any damages
caused. No person required to make a report pursuant to this article,
nor any person taking photographs at his or her direction, shall
incur any civil or criminal liability for taking photographs of a
suspected victim of child abuse or neglect, or causing photographs to
be taken of a suspected victim of child abuse or neglect, without
parental consent, or for disseminating the photographs with the
reports required by this article. However, this section shall not be
construed to grant immunity from this liability with respect to any
other use of the photographs.
(b) Any person, who, pursuant to a request from a government
agency investigating a report of suspected child abuse or neglect,
provides the requesting agency with access to the victim of a known
or suspected instance of child abuse or neglect shall not incur civil
or criminal liability as a result of providing that access.
(c) (1) The Legislature finds that even though it has provided
immunity from liability to persons required or authorized to make
reports pursuant to this article, that immunity does not eliminate
the possibility that actions may be brought against those persons
based upon required or authorized reports. In order to further limit
the financial hardship that those persons may incur as a result of
fulfilling their legal responsibilities, it is necessary that they
not be unfairly burdened by legal fees incurred in defending those
actions. Therefore, a mandated reporter may present a claim to the
California Victim Compensation and Government Claims Board for
reasonable attorney's fees and costs incurred in any action against
that person on the basis of making a report required or authorized by
this article if the court has dismissed the action upon a demurrer
or motion for summary judgment made by that person, or if he or she
prevails in the action. The California Victim Compensation and
Government Claims Board shall allow that claim if the requirements of
this subdivision are met, and the claim shall be paid from an
appropriation to be made for that purpose. Attorney's fees awarded
pursuant to this section shall not exceed an hourly rate greater than
the rate charged by the Attorney General of the State of California
at the time the award is made and shall not exceed an aggregate
amount of fifty thousand dollars ($50,000).
(2) This subdivision shall not apply if a public entity has
provided for the defense of the action pursuant to Section 995 of the
Government Code.
(d) A court may award attorney's fees and costs to a commercial
film and photographic print processor when a suit is brought against
the processor because of a disclosure mandated by this article and
the court finds this suit to be frivolous.



11174. The Department of Justice, in cooperation with the State
Department of Social Services, shall prescribe by regulation
guidelines for the investigation of abuse in out-of-home care, as
defined in Section 11165.5, and shall ensure that the investigation
is conducted in accordance with the regulations and guidelines.




11174.1. (a) The Department of Justice, in cooperation with the
State Department of Social Services, shall prescribe by regulation
guidelines for the investigation of child abuse or neglect, as
defined in Section 11165.6, in facilities licensed to care for
children, and shall ensure that the investigation is conducted in
accordance with the regulations and guidelines.
(b) For community treatment facilities, day treatment facilities,
group homes, and foster family agencies, the State Department of
Social Services shall prescribe the following regulations:
(1) Regulations designed to assure that all licensees and
employees of community treatment facilities, day treatment
facilities, group homes, and foster family agencies licensed to care
for children have had appropriate training, as determined by the
State Department of Social Services, in consultation with
representatives of licensees, on the provisions of this article.
(2) Regulations designed to assure the community treatment
facilities, day treatment facilities, group homes, and foster family
agencies licensed to care for children maintain a written protocol
for the investigation and reporting of child abuse or neglect, as
defined in Section 11165.6, alleged to have occurred involving a
child placed in the facility.
(c) The State Department of Social Services shall provide such
orientation and training as it deems necessary to assure that its
officers, employees, or agents who conduct inspections of facilities
licensed to care for children are knowledgeable about the reporting
requirements of this article and have adequate training to identify
conditions leading to, and the signs of, child abuse or neglect, as
defined in Section 11165.6.


11174.3. (a) Whenever a representative of a government agency
investigating suspected child abuse or neglect or the State
Department of Social Services deems it necessary, a suspected victim
of child abuse or neglect may be interviewed during school hours, on
school premises, concerning a report of suspected child abuse or
neglect that occurred within the child's home or out-of-home care
facility. The child shall be afforded the option of being
interviewed in private or selecting any adult who is a member of the
staff of the school, including any certificated or classified
employee or volunteer aide, to be present at the interview. A
representative of the agency investigating suspected child abuse or
neglect or the State Department of Social Services shall inform the
child of that right prior to the interview.
The purpose of the staff person's presence at the interview is to
lend support to the child and enable him or her to be as comfortable
as possible. However, the member of the staff so elected shall not
participate in the interview. The member of the staff so present
shall not discuss the facts or circumstances of the case with the
child. The member of the staff so present, including, but not
limited to, a volunteer aide, is subject to the confidentiality
requirements of this article, a violation of which is punishable as
specified in Section 11167.5. A representative of the school shall
inform a member of the staff so selected by a child of the
requirements of this section prior to the interview. A staff member
selected by a child may decline the request to be present at the
interview. If the staff person selected agrees to be present, the
interview shall be held at a time during school hours when it does
not involve an expense to the school. Failure to comply with the
requirements of this section does not affect the admissibility of
evidence in a criminal or civil proceeding.
(b) The Superintendent of Public Instruction shall notify each
school district and each agency specified in Section 11165.9 to
receive mandated reports, and the State Department of Social Services
shall notify each of its employees who participate in the
investigation of reports of child abuse or neglect, of the
requirements of this section.