According to CA and NV law, you are a permissive reporter. In the Foster the City Ministry, we expect and require Support Friends and Team Leads to report an incident of suspected child maltreatment. You have the option to co-report with your Advocate for it to be qualified as a mandated report. The state laws summarized: volunteers of public or private organizations whose duties require direct contact with and supervision of children are not mandated reporters but are encouraged to obtain training in the identification and reporting of child abuse and neglect and are further encouraged to report known or suspected instances of child abuse or neglect to the local welfare department.

No. Mandated reporters must identify themselves to the county child welfare department when making child abuse or neglect reports. However, persons who are not legally mandated may make anonymous reports.

No. Telling Foster the City, an Advocate, or Advocate Coach does not meet the mandated reporting requirement. If an incident or suspected child maltreatment is shared with one of the previously listed people, a decision can be made that they will complete and submit the report to the county child welfare department or law enforcement agency. One report from them is sufficient. This is encouraged for anyone who is a permissive reporter as they can be a co-mandated reporter when they allow a mandated report to report on their behalf. 

You must still make a report to the county child welfare department or local law enforcement. If someone disagrees with your concern, you must still report.

These are general questions that you can expect to be asked, but do not let lack of information be a reason to not report. 

In California:

• What type of abuse has occurred?
• Who or what caused the abuse?
• Most importantly, is the child still in a dangerous situation or in need of medical care?

In Nevada:

• Name, child, address, age and sex of the child
• Name and address of parents or other person responsible for care
• Nature and extent of the abuse or neglect of the child
• Evidence of any previously known or suspected abuse
• The name, address and relationship, if known, of the person suspected of the abuse

After a report is filed, the county child welfare department or local law enforcement agency investigates the allegations. These agencies are also required to cross report suspected child abuse or neglect cases to each other. The county child welfare department or law enforcement agency investigation will result in one of three outcomes.

1. Unfounded report – the report is false, or does not involve abuse, such as an accidental injury
2. Substantiated report – it is determined that child abuse has occurred
3. Inconclusive report – there is insufficient evidence to determine whether or not abuse has occurred

Only substantiated reports of child abuse and severe neglect must be forwarded to the Department of Justice. The county child welfare department will determine if children need to be removed from the home or if services need to be offered to the parents or caregivers. Law enforcement agencies may also pursue criminal prosecution.

Nevada law allows a CPS social worker to interview a child about allegations of abuse or neglect without the permission and outside the presence of the parent or guardian.

For mandated reporters, Penal Code 11172(a) provides absolute immunity from state criminal or civil liability for reporting as required. This immunity applies even if the mandated reporter acquired the knowledge or reasonable suspicion of abuse or neglect outside of his or her professional capacity or scope of employment. However, mandated reporters will only have immunity under federal claims if the report was made in good faith. If you’re a permissive reporter, you can report this with a mandated reporter (one report made by the mandated reporter).