Am I a Mandatory Reporter Under CANRA?
California designates specific individuals as mandatory reporters of any suspected incidents of child abuse under its Child Abuse and Neglect Reporting Act (CANRA) law. Anyone who is considered a mandatory reporter who fails to promptly report an incident of abuse or neglect can face criminal penalties up to and including jail time. Details such as who needs to report, what information they must provide, and to whom and when they must make a CANRA statement are specifically prescribed by California law.
Mandatory Reporting Requirements Under CANRA
Any professional who is considered a mandatory reporter under CANRA must report any known or suspected incidents of neglect or abuse involving a minor. A minor is defined as any person under the age of 18 years old, with no exceptions for maturity or independence.
The mandatory report must be made to both an appropriate local law enforcement agency and social services. The law enforcement agency could be a sheriff’s office or police department, while social services are agencies like the country welfare office. The report must be made within 36 hours of the first time a mandatory reporter suspected abuse or neglect was occurring.
Abuse and neglect are both defined under California law. The conduct that is considered wrong could be actions such as physically striking a child or omissions like not providing a minor with an adequate amount of food. Other examples of abuse and neglect include sexual and emotional harms, making or using child pornography, or domestic violence.
Who Is a Mandatory Reporter Under CANRA?
California lists over 50 professions under CANRA as mandatory reporters of suspected or witnessed abuse and neglect. These jobs include, but are not limited to:
- Teachers
- Police officers
- Doctors and other health care professionals
- Professional firefighters
- Clergy members
- Public assistance or social service employees
- Any daycare employees
- Any day camp employees
- Paramedics
Generally, if your job requires you to be in a public position of trust – especially in interactions with children – you are likely to be a mandatory reporter.
Additionally, even if you suspect neglect or abuse of a minor in a private capacity, you are required to file a CANRA report. For example, a teacher who lives in another town has to report any suspected abuse they witness involving their neighbors, even though it did not occur where the teacher works.
Penalties for Failing to File a CANRA Report
Any report of abuse or neglect must be filed within 36 hours of the mandatory reporter’s first suspicions or knowledge. The report needs to contain:
- Who you are and how to reach you
- What position makes you a mandatory reporter
- Information detailing the witnessed or suspected abuse and neglect
If a mandatory reporter fails to adequately take steps required under CANRA, they can face legal liability. Not making a timely report under CANRA can be charged as a criminal misdemeanor. The maximum punishment for not reporting suspected abuse and neglect includes up to six months in county jail and a $1,000 fine.
If your failure to make a mandatory CANRA report results in a child’s death or severe bodily injury, you can spend up to a year in jail. Also, the fine can increase up to $5,000.
Vitally, if you are a mandatory reporter of suspected abuse or neglect under CANRA, you are protected if your filing turns out to be false. The law shields mandatory reporters with immunity from criminal and civil penalties if they file a good faith report.
Are you wondering whether you may be a CANRA mandatory reporter in Orange, California? The experienced legal team at Chambers Law Firm can help explain your responsibilities and risks. Schedule a no-cost initial meeting today by calling 714-760-4088 or emailing dchambers@clfca.com.
