CHILD ABUSE REPORTING
REQUIREMENTS
1. What is the purpose of the Child Abuse and Neglect Reporting Act? - ANSThe Legislature
passed the Child Abuse and Neglect Reporting Act, Penal Code section 11164 et seq., to
protect children from abuse and neglect. The act requires that all persons participating in the
investigation of the case consider the needs of the child victim and do whatever is necessary
to prevent psychological harm to the child victim.
2. How is a child defined in the Child Abuse and Neglect Reporting Act? - ANSSection 11165
defines a child as a person under the age of eighteen years.
3. What is child abuse? - ANSSection 11165.6 defines child abuse as a physical injury that is
inflicted by other than accidental means on a child by another person. The term Achild abuse
or neglect@ includes sexual abuse, neglect, willful cruelty, or unjustifiable punishment,
unlawful corporal punishment or injury, and abuse or neglect in out of home care. 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.
4. What is sexual abuse? - ANSSection 11165.1 defines sexual abuse as sexual assault or
sexual exploitation.
Sexual assault means conduct in violation of one or more of the following penal code
sections:
Section 261 (rape), subdivision (d) of 261.5 (statutory rape), 264.1 (rape in concert), 285
(incest), 286 (sodomy), and sections relating to lewd or lascivious acts upon a child, oral
copulation, sexual penetration, and child molestation.
Sexual exploitation refers to conduct involving matter depicting a minor in obscene acts or
using a child in child pornography.
5. What is neglect? - ANSSection 11165.2 defines neglect as 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.
6. What is severe neglect? - ANSSection 11165.2(a) defines severe neglect as negligent
failure of a person having the care or custody of a child to protect the child from severe
malnutrition or medically diagnosed non-organic 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, including the intentional failure to provide adequate
food, clothing, shelter, or medical care.
REQUIREMENTS
1. What is the purpose of the Child Abuse and Neglect Reporting Act? - ANSThe Legislature
passed the Child Abuse and Neglect Reporting Act, Penal Code section 11164 et seq., to
protect children from abuse and neglect. The act requires that all persons participating in the
investigation of the case consider the needs of the child victim and do whatever is necessary
to prevent psychological harm to the child victim.
2. How is a child defined in the Child Abuse and Neglect Reporting Act? - ANSSection 11165
defines a child as a person under the age of eighteen years.
3. What is child abuse? - ANSSection 11165.6 defines child abuse as a physical injury that is
inflicted by other than accidental means on a child by another person. The term Achild abuse
or neglect@ includes sexual abuse, neglect, willful cruelty, or unjustifiable punishment,
unlawful corporal punishment or injury, and abuse or neglect in out of home care. 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.
4. What is sexual abuse? - ANSSection 11165.1 defines sexual abuse as sexual assault or
sexual exploitation.
Sexual assault means conduct in violation of one or more of the following penal code
sections:
Section 261 (rape), subdivision (d) of 261.5 (statutory rape), 264.1 (rape in concert), 285
(incest), 286 (sodomy), and sections relating to lewd or lascivious acts upon a child, oral
copulation, sexual penetration, and child molestation.
Sexual exploitation refers to conduct involving matter depicting a minor in obscene acts or
using a child in child pornography.
5. What is neglect? - ANSSection 11165.2 defines neglect as 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.
6. What is severe neglect? - ANSSection 11165.2(a) defines severe neglect as negligent
failure of a person having the care or custody of a child to protect the child from severe
malnutrition or medically diagnosed non-organic 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, including the intentional failure to provide adequate
food, clothing, shelter, or medical care.
