CA Laws That Guide the Specifics of Clinical Practice: Child Abuse Reporting

Question 1

The CA __________________ (Sections 11164-11166) requires that mandated reporters make a report of child abuse whenever a reasonable suspicion of child abuse exists.

Answer 1

Penal Code.

Question 2

___________________ means that it is objectively reasonable for a person, appropriately drawing upon his or her training and experience, to suspect child abuse.

Answer 2

Reasonable suspicion.

Question 3

Child abuse is mandated whenever a therapist learns about child abuse in his/her ___________________; this includes a patient informing the therapist about abuse taking place by a third party.

Answer 3

Professional capacity.

Question 4

When an adult in treatment reports a history of abuse as a child, there is _________________ to report the previous abuse. The therapist must determine if there are children _______________________; if there is suspicion that this is so, the therapist _____ mandated to make a report.

Answer 4

• No mandate
• Currently at risk
• Is

Question 5

When a minor in treatment reports prior abuse, even if it was a single incident that took place many years ago, a child abuse report _______ mandated.

Answer 5

Is.

Question 6

Child abuse is defined as any physical injury that is inflicted by other than ___________________ on a child by another person.

Answer 6

Accidental means.

Question 7

Which of the following does not constitute child abuse?

a. Sexual abuse of a child
b. Willful cruelty
c. Unjustifiable punishment
d. Failure to censor age-inappropriate media
e. Unlawful corporal punishment
f. Neglect of a child

Answer 7

d.

Question 8

With respect to physical abuse of a child, the general guideline is that if ___________________ are left, or the discipline involves using an object on ________________, a report should be made.

Answer 8

• Bruises or marks
• Bare skin

Question 9

The two forms of sexual abuse are ____________________ and ________________________.

Answer 9

• Sexual assault
• Sexual exploitation

Question 10

_________________________ includes rape, statutory rape, incest, sodomy, lewd or lascivious acts, oral copulation, penetration by a foreign object, child molestation. It includes any penetration, any sexual contact between genital and mouth/tongue, intentional touching of intimate parts or the clothing covering them for sexual arousal, and intentional masturbation of the perpetrator’s genitals in the presence of a child.

Answer 10

Sexual assault.

Question 11

Section 261.5 of the __________________ states that any sexual intercourse between an adult and a minor under the age of 18 is statutory rape. It is unlawful, and is considered either a misdemeanor or a felony.

Answer 11

Penal Code.

Question 12

Unlawful sexual intercourse with a minor may be punished by:

• Imprisonment in a county jail not exceeding ______________
• Imprisonment in a prison for ____________________
• Civil penalties including fines up to __________________

Answer 12

• One year
• 2, 3, or 4 years
• $25,000

Question 13

While any sexual intercourse between an adult and a minor is unlawful, mandated reporters are only required to report violations of Section 261.5(d). This section specifically states that it is unlawful for a person ___ or older to engaged in sexual intercourse with a partner who is under ___ years of age.

Answer 13

• 21
• 16

Note: You do NOT need to report unlawful sexual intercourse between a 16 and a 21 year-old.

Question 14

Lewd and Lascivious behavior with a child under the age of 14 (Section 288a and 288b) is unlawful, and ___________________ requires a child abuse report. If a child younger than 14 engages in consensual Lewd and Lascivious conduct with someone ___________ (even if the person is also a minor) the violation ______ reportable.

Answer 14

• Generally
• Older than 14
• Is

Question 15

Two major cases that considered the issue when both participants are under age 14 are:

• __________________________ v. Van de Kamp (1986)
• People v. __________________________________ (1988)

Both concluded that the Child Abuse and Neglect Reporting Act __________ currently require the reporting of voluntary sexual conduct between minors under age 14 both of whom are of similar age.

Answer 15

• Planned Parenthood Affiliates
• Stockton Pregnancy Control Medical Clinic, Inc.
• Does not

Question 16

Lewd and Lascivious acts on a child who is 14 or 15 years old, perpetrated by a person at least ___ years older than the child (measured from the birth date of the adult and child) also constitutes _________________, and a report ______ mandated.

Answer 16

• 10
• Sexual assault
• Is

Question 17

Complete the following guidelines for Reporting of Sexual Assault:

• Child (Age 14 and Under) with Other Party (______________): Mandated if there has been lewd or lascivious contact (288a or 288b)
• Child (Age 14 or 15) with Other Party (_______________): A report is mandated if there has been lewd or lascivious contact (288c)
• Child (Under 16) with Other Party (_______________): A report is mandated if there has been sexual intercourse, even if voluntary [261.5(d)].
• Child (16 or older) with Other Party (_____________): Not reportable if voluntary sexual intercourse.
• Child (Under 18) with Other Party (_____________): Mandated report if rape, incest, or sodomy.

Answer 17

• Any age
• 10 years older than the child
• 21 and older
• 16 or older
• Any age

Question 18

_________________________: Refers to conduct involving a minor preparing, selling, or distributing obscene matter, or employing a minor to perform obscene acts; promoting or encouraging a child to engage in prostitution, pose or model for a film/photograph/etc., involving obscene sexual conduct; or depicting a child engaged in an act of obscene sexual conduct. Additionally, effective January 1st, 2015, this includes duplicating, printing, downloading, streaming, or accessing child pornography trhough any electronic or digital media.

Answer 18

Sexual exploitation.

Question 19

Neglect is categorized as either __________ neglect or ____________ neglect.

Answer 19

• Severe
• General

Question 20

________________ Neglect: Refers to the negligent failure of the caretaker to protect the child from severe malnutrition. It is also described as willfully causing or permitting the health of the child to be endangered, including intentional failure to provide adequate food, clothing, shelter, or medical care.

Answer 20

Severe.

Question 21

_______________ Neglect: Refers to the negligent failure of the caretaker to provide adequate food, clothing, shelter, medical care, or supervision, where no physical injury to the child has occurred.

Answer 21

General.

Question 22

_________________________ or _________________________ refers to a situation where any person willfully causes or permits any child to suffer, or inflicts unjustifiable pain or mental suffering, or willfully causes or permits the health of a child to be endangered. When a child witnesses _____________________, this frequently constitutes unjustifiable emotional suffering.

Answer 22

• Willful cruelty
• Unjustifiable punishment
• Domestic violence

Question 23

______________________ refers to a situation in which any person willfully inflicts upon any child any cruel or inhuman corporal punishment or injury resulting in a traumatic condition.

Answer 23

Unlawful Corporal Punishment or Injury.

Question 24

_______________________: When a child appears to be suffering serious emotional damage resulting in severe anxiety, depression, withdrawal, or untoward aggressive behavior toward self or others, the mandated reporter has the option of making a report.

Answer 24

Emotional abuse.

Question 25

Suspected incidents of child abuse must be reported _________________ or ___________________________ by telephone; a written report must be prepared and sent, faxed, or electronically transmitted within ___ hours.

Answer 25

• Immediately
• As soon as is practically possible
• 36

Question 26

Information that should be included in a child abuse report, if known, includes:

• The reporting party (name, business address, phone number)
• The capacity that makes the person a mandated reporter
• Information about the victim (e.g., address, _______________, school, grade, class, birthdate) and any siblings
• Information about the ___________ (names, addresses, phone numbers)
• Information that led to the reasonable suspicion of abuse
• A ______________________ of the event

Answer 26

• Present location
• Parents
• Narrative description

Note: A report MUST be made even if some of this information is unknown or uncertain.

Question 27

The identity of mandated reporters shall be _____________________. No mandated reporter who reports a known or suspected instance of child abuse shall be civilly or criminally liable for any report required or authorized by the law. If, in spite of this immunity, if a mandated reporter is sued, he/she may claim compensation for attorney’s fees and costs (up to $______________).

Answer 27

• Kept confidential
• $50,000

Question 28

Any person who fails to report an instance of child abuse he knows or should reasonably know to exist:

• Is guilty of a __________________
• Punishable by a jail term not to exceed ______________, a fine of not more than ____________, or both.

Answer 28

• Misdemeanor
• 6 months
• $1000

Question 29

A mandated reporter who willfully fails to report abuse or neglect, or impedes or inhibits a report, where the abuse/neglect results in death or great bodily injury, shall be punished by:

• Not more than _____________ in a county jail
• A fine of not more than ____________
• Both

Answer 29

• 1 year
• $5000

Question 30

________________ Report: A report found to be false, to be improbable, to involve an accidental injury, or not to constitute child abuse or neglect.

Answer 30

Unfounded.

Question 31

_________________ Report: A report found to constitute child abuse or neglect, based on credible evidence.

Answer 31

Substantial.

Question 32

________________ Report: A report in which findings are not conclusive and there is insufficient evidence to determine whether abuse or neglect occurred.

Answer 32

Inconclusive.