All fifty states have laws requiring certain people to report suspected child abuse and neglect. These mandated reporting laws require certain professionals to report when they have abuse or neglect concerns. In California, the mandated reporting law, known as CANRA, defines the professionals required to report, the standards for making a report, penalties for failing to report, and other crucial information for mandated reporters.
Find out more about California’s mandated reporting law.
What is CANRA?
California’s Child Abuse and Neglect Reporting Act (CANRA) is found in sections 11164-11174.3 of the California Penal Code. The primary intent of CANRA is to protect children from abuse and neglect.
When Was CANRA Passed?
CANRA was passed in 1980.
California first put a law mandating abuse reporting in the Penal Code in 1963. This initial law required medical professionals to inform local law enforcement or child welfare agencies if they suspected child abuse. As time passed, more professionals were added to the list of mandated reporters.
In 1980, California revised and expanded the law further, renaming it the Child Abuse and Neglect Reporting Act (CANRA).
Mandated Reporters Have Which of the Following Under CANRA?
- A. Immunity from criminal liability
- B. Immunity from civil liability
- C. Confidentiality
- D. All of the above
Among the definitions provided in CANRA are rights for mandated reporters. Mandated reporters have a legal obligation to report suspected instances of abuse and neglect and can face penalties — including jail time — for failing to report. But making a report isn’t always easy; mandated reporters may be reluctant to report in fear of reprisal, retribution, or resulting liability.
CANRA spells out the protections for mandated reporters so they can make reports without fearing retaliation. These rights for mandated reporters include immunity and confidentiality.
Rights for Mandated Reporters Under CANRA
Mandated reporters are safe from retaliation from employers when they make a report. CANRA says that no person making a report shall be subject to any sanction for making the report. Supervisors and employers are also prohibited from impeding or inhibiting you from reporting.
Mandated reporters have a certain level of reporting confidentiality. Information regarding cases of child abuse is confidential except in certain instances, and, in most circumstances, the identity of the reporter is kept confidential and cannot be disclosed by county agencies. CANRA states that the identity of all persons who report “shall be confidential and disclosed only among agencies receiving or investigating mandated reports.” In addition, your employer will not be notified that you made a report, except by your consent or court order.
Mandated reporters do not need to worry about civil or criminal actions for filing a report, as long as that report was made in good faith. CANRA states that “no mandated reporter shall be civilly or criminally liable for any report required or authorized by this article, and this immunity shall apply even if the mandated reporter acquired the knowledge or reasonable suspicion of child abuse or neglect outside of their professional capacity or outside the scope of their employment.”
Reports can be made by non-mandated reporters, which are also known as permissive reporters, with the same protections. Under CANRA, any other person reporting a known or suspected instance of child abuse or neglect shall not incur civil or criminal liability as a result of any report.
When you don’t have immunity and safeguards from reporting: mandated and permissive reporters are shielded with immunity and safeguards, unless it can be proven that a false report was made. If a mandated reporter knowingly makes a false report or reports with reckless disregard of the truth or falsity of the report, they may be subject to civil and criminal liability plus additional penalties for false reporting.
What is the Purpose of an Inclusive Report Under CANRA?
The purpose of an inclusive report under CANRA is to provide authorities with all necessary information needed to investigate an allegation of child abuse or neglect, because the primary purpose of CANRA is to protect children.
What is an inclusive report under CANRA?
As of 2024, CANRA does not mention “inclusive reports” in its article text; however, mandated reporters often seek information about inclusive reporting.
Here’s what CANRA does say about reporting:
Child abuse must be reported. A report is not an accusation but a request to determine whether abuse or neglect exists and begin the helping process.
Penal Code 11166(a) states:
A Mandated Reporter shall make a report to an agency whenever the Mandated Reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the Mandated Reporter knows or reasonably suspects has been the victim of child abuse or neglect.
You are required to report any reasonable suspicion you have of possible child abuse, but you should not take steps to investigate the abuse on your own. Fact-finding is the job of child protection investigators and law enforcement who have been trained in how to minimize the trauma that an investigation and interview process may have on a child victim.
Penal Code 11165.9 states:
Reports of suspected child abuse or neglect shall be made by Mandated Reporters to any police department or sheriff’s department, not including a school district police or security department, county probation department, if designated by the county to receive mandated reports, or the county welfare department. Any of those agencies shall accept a report of suspected child abuse or neglect whether offered by a Mandated Reporter or another person, or referred by another agency, even if the agency to whom the report is being made lacks subject matter or geographical jurisdiction to investigate the reported case.
Under the Child Abuse and Neglect Reporting Act, a Mandated Reporter is Required to Report Suspected Abuse to
- A. His or her employer or supervisor
- B. Local child welfare authorities
- C. The child’s parents
- D. The California Department of Justice
In California, mandated reporters can report to local law enforcement or local child welfare agencies. You do not have to report to your boss, supervisor, or anyone outside of these local entities.
Does CANRA Allow for Anonymous Reporting?
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 — permissive reporters — may make anonymous reports. Your identity and the content of the report shall be confidential and only disclosed to those agencies who receive or investigate the report. Your identity will not be disclosed to your employer except with your consent or by court order.
Is CANRA Training Available?
Mandated reporter training is available to help mandated reporters understand CANRA and their legal obligations to protect children from abuse and neglect. Training is required for certain mandated reporters in California, such as volunteers, employees, and administrators of youth-serving organizations, school personnel, daycare employees, and others. For all other mandated reporters, training can help you understand your responsibility and ensure you have the education and information you need to make a report.
Understanding CANRA for Better Reporting
CANRA has been evolving for decades to ensure children in California have the opportunity for intervention in the case of abuse or neglect. California’s mandated reporters of child abuse and neglect are professionals and volunteers who come into contact with children regularly. You are on the frontline when it comes to preventing abuse and helping families get the support they need to avoid harmful situations. Your understanding of CANRA can help you be a protective supporter of children in your state.
