Minor Consent, Condentiality, and Child Abuse Reporting in California
like position, drawing, when appropriate, on his or her training and experience, to
suspect child abuse or neglect.” Cal. Penal Code § 11166(a)(1).
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The Child Abuse and Neglect Reporting Act (CANRA) defines “child abuse or
neglect” to include:
• physical injury inflicted by other than accidental means upon a child by
another person;
• sexual abuse (as defined in Penal Code section 11165.1);
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• neglect (as defined in Penal Code section 11165.2);
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• the willful harming or injuring of a child or the endangering of the person or
health of a child (as defined in Penal Code section 11165.3);
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and
• unlawful corporal punishment or injury (as defined in Penal Code section
11165.4.)
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Cal. Penal Code § 11165.6.
7
See “What Sexual Activity Must be Reported,” infra.
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Cal. Penal Code § 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.”)
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Cal. Penal Code § 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.”)
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Cal. Penal Code § 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.”)