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Child Abuse Prevention Council
Child Abuse Prevention Council

Child abuse reporting guidelines

This is a guide for mandated reporters and the information contained in this document is designed to assist those mandated by California Child Abuse Reporting Laws to determine their reporting responsibilities. It is not intended to be and should not be considered legal advice. In the event there are questions regarding reporting responsibilities in a specific case, the advice of legal counsel should be sought. This guide incorporates changes in the Child Abuse Reporting Law, effective January 1998. For more detailed information refer to Penal Code Section 11164 & 11165.1 et al.

  1. Involuntary Sexual Activity is always reportable.
  2. Incest, even if voluntary is always reportable. Incest is a marriage or act of intercourse between parents and children; ancestors and descendants of every degree; brothers and sisters of half and whole blood and uncles and nieces or aunts and nephews. (Family Code, § 2200.)
  3. Voluntary Sexual Activity may or may not be reportable. Even if the behavior is voluntary, there are circumstances where the behavior is abusive, either by Penal Code definition or because of an exploitive relationship and this behavior must be reported. Review either section A, B or C and section D. In addition, if there is reasonable suspicion of sexual abuse prior to the consensual activity, the abuse must be reported.

Mandated reports of sexual activity must be reported to either The Department of Family & Children's Services (DFCS) or to the appropriate police jurisdiction. This information will then be cross reported to the other agency. Reporting does not necessarily mean that a civil or criminal proceeding will be initiated against the suspected abuser.

Failure to report known or reasonable suspicion of child abuse, including sexual abuse, is a misdemeanor. Mandated reporters are provided immunity from civil or criminal liability as a result of making a mandated report of child abuse.

A. Child younger than 14 years old

"Child" refers to the person that the mandated child abuse reporter is involved with.Definitions and commentsMandatory reportNot mandatory report
1. Partner is younger than 14 years old and of similar chronological or maturational age.  Sexual behavior is voluntary and consensual.  There are no indications of intimidation, coercion, bribery, or other indications of an exploitative relationship.See, Planned Parenthood Affiliates of California v. John K. Van De Kamp (1986) 181 Cal. App. 3rd 245 (1986) & In re Jerry M. 59 Cal. App. 4th 289

 

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2. Partner is younger than 14 years old, but there is disparity in chronological or maturational age or indications of intimidation, coercion, bribery, or other indications of an exploitive relationship. 

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3. Partner is 14 years or older. 

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4. Lewd and lascivious acts committed by a partner of any age.The perpetrator has the intent of "arousing, appealing to, or gratifying the lust, passions, or sexual desires of the perpetrator or the child".

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5. Partner is alleged spouse and over 14 years of age.The appropriate authority will determine the legality of the marriage.

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B. Child 14 or 15 years old

"Child" refers to the person that the mandated child abuse reporter is involved with.Definitions and commentsMandatory reportNot mandatory report
1. Partner is less than 14 years old. 

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2. Unlawful sexual intercourse with a partner older than 14 and less than 21 years of age and there is no indication of abuse or evidence of an exploitive relationship. 

 

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3. Unlawful sexual intercourse with a partner older than 21 years of age. 

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4. Lewd and lascivious acts committed by a partner more than 10 years older than the child.The perpetrator has the intent of "arousing, appealing to, or gratifying the lust, passions, or sexual desires of the perpetrator or the child".

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5. Partner is alleged spouse and over 21 years of age.The appropriate authority will determine the legality of the marriage.

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C. Child 16 or 17 years old

"Child" refers to the person that the mandated child abuse reporter is involved with.Definitions and commentsMandatory reportNot mandatory report
1. Partner is less than 14 years old. 

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2. Unlawful sexual intercourse with a partner older than 14 and there is no indication of an exploitive relationship. 

 

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2. Unlawful sexual intercourse with a partner older than 14 and there is evidence of an exploitive relationship. 

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4. Partner is alleged spouse and there is evidence of an exploitive relationshipThe appropriate authority will determine the legality of the marriage.

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D. Child under the age of 18

"Child" refers to the person that the mandated child abuse reporter is involved with.Definitions and commentsMandatory reportNot mandatory report
1. Sodomy, oral copulation, penetration of a genital or anal opening by a foreign object, even if consensual, with a partner of any age. 

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