Child Abuse and Neglect
WHAT IS CHILD ABUSE AND NEGLECT?
Child abuse or neglect includes the following: (Penal Code 11165.5, 11165.6)
A physical injury or death inflicted by other than accidental means on a child by another person
Sexual abuse of a child, including sexual assault or sexual exploitation (Penal Code 11165.1)
Neglect of a child (Penal Code 11165.2)
Willful harming or injuring of a child or the endangering of the person or health of a child (Penal Code 11165.3)
Unlawful corporal punishment or injury (Penal Code 11165.4)
Child abuse or neglect does not include:
A mutual affray between minors (Penal Code 11165.6)
An injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of employment (Penal Code 11165.5, 11165.6)
An injury resulting from the exercise by a teacher, vice principal, principal, or other certificated employee of the same degree of physical control over a student that a parent/guardian would be legally privileged to exercise, not exceeding the amount of physical control reasonably necessary to maintain order, protect property, protect the health and safety of students, or maintain proper and appropriate conditions conducive to learning (Education Code 44807)
An injury caused by a school employee's use of force that is reasonable and necessary to quell a disturbance threatening physical injury to persons or damage to property, for purposes of self-defense, or to obtain weapons or other dangerous objects within the control of a student (Education Code 49001)
Physical pain or discomfort caused by athletic competition or other such recreational activity voluntarily engaged in by a student (Education Code 49001)
DISTRICT SUSPECTED CHILD ABUSE REPORTING PROCEDURES
Esparto Unified School District employees are mandated reporters. Mandated reporters include, but are not limited to, teachers; instructional aides; teacher's aides or assistants; classified employees; administrators; directors and any other school employees who have contact with children (Penal Code 11165.7)
Reasonable suspicion means that it is objectively reasonable for a person to entertain a suspicion, based upon facts that could cause a reasonable person in a like position, drawing when appropriate on the person's training and experience, to suspect child abuse or neglect. However, reasonable suspicion does not require certainty that child abuse or neglect has occurred nor does it require a specific medical indication of child abuse or neglect. (Penal Code 11166)
Any mandated reporter who has knowledge of or observes a child in his/her professional capacity or within the scope of his/her employment whom he/she knows or reasonably suspects has been a victim of child abuse or neglect shall make a report using the procedures provided below. No supervisor or administrator shall impede or inhibit a mandated reporter from making a report.
Initial Telephone Report
Immediately or as soon as practicable after knowing or observing suspected child abuse or neglect, a mandated reporter shall make an initial report by telephone to any police department (excluding a school district police/security department), sheriff's department, county probation department if designated by the county to receive such reports, or county welfare department. (Penal Code 11165.9, 11166)
Such reports shall be made to the following agency(ies):
Yolo County Child Welfare Services Abuse Reporting
When the initial telephone report is made, the mandated reporter shall note the name of the official contacted, the date and time contacted, and any instructions or advice received.
Within 36 hours of knowing or observing the information concerning the incident, the mandated reporter shall prepare and either send, fax, or electronically transmit to the appropriate agency a written follow-up report, which includes a completed California Department of Justice (DOJ) form which can be accessed by clicking (BCIA 8572). (Penal Code 11166, 11168)
Reports of suspected child abuse or neglect shall include, if known: (Penal Code 11167)
The name, business address, and telephone number of the person making the report and the capacity that makes the person a mandated reporter
The child's name and address, present location, and, where applicable, school, grade, and class
The names, addresses, and telephone numbers of the child's parents/guardians
The names, address, telephone number, and other relevant personal information about the person(s) who might have abused or neglected the child
The information that gave rise to the reasonable suspicion of child abuse or neglect and the source(s) of that information
The mandated reporter shall make a report even if some of this information is not known or is uncertain to the mandated reporter. (Penal Code 11167).
WHAT IF YOU SUSPECT CHILD ABUSE OR NEGLECT?
Any adult or parent can and should report suspected child abuse or neglect to an official child protective agency. In Yolo County, reports of suspected child abuse or neglect are reported to Yolo County Child Welfare Service Abuse Reporting Hotline at 530-669-2345.
CHILD ABUSE RESOURCES