California Penal Code 11167 – (a) Reports of known or reasonably suspected child abuse or …
(a) Reports of known or reasonably 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 knowledge or 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, 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 the mandated reporter knows or reasonably suspects to 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 them.
(b) Information relevant to the incident of child abuse or neglect and information relevant to a report made pursuant to Section 11166.05 may be given to an investigator from an agency that is investigating the known or suspected case of child abuse or neglect.
Terms Used In California Penal Code 11167
- abuse or neglect in out-of-home care: includes physical injury or death inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165. See California Penal Code 11165.5
- child: means a person under the age of 18 years. See California Penal Code 11165
- child abuse or neglect: includes physical injury or death inflicted by other than accidental means upon a child by another person, sexual abuse as defined in Section 11165. See California Penal Code 11165.6
- county: includes "city and county". See California Penal Code 7
- 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 . See California Penal Code 11165.11
- 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. See California Penal Code 11165.2
- person: includes a corporation as well as a natural person. See California Penal Code 7
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- will: includes codicil. See California Penal Code 7
(c) Information relevant to the incident of child abuse or neglect, including the investigation report and other pertinent materials, and information relevant to a report made pursuant to Section 11166.05 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 § 602 of the Welfare and Institutions Code arising from alleged child abuse, or to counsel appointed pursuant to subdivision (c) of § 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 § 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 reasonably 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 them, in a manner that is consistent with laws protecting the identity of the reporter under this article.
(f) (1) An agency specified in Section 11165.9 receiving a report of known or reasonably suspected child abuse or neglect pursuant to subdivision (g) of Section 11166 shall ask the reporter to provide all of the following information in the report:
(A) Their name.
(B) Their telephone number.
(C) The information that gave rise to the knowledge or reasonable suspicion of child abuse or neglect.
(D) The source or sources of the information that gave rise to the knowledge or reasonable suspicion of child abuse or neglect.
(2) If the reporter refuses to provide their name or telephone number, the agency shall make efforts to determine the basis for that refusal and advise the reporter that the identifying information will remain confidential.
(Amended by Stats. 2023, Ch. 434, Sec. 1. (AB 391) Effective January 1, 2024.)