LOS ANGELES COUNTY
DEPARTMENT OF MENTAL HEALTH
  Policy 303.02 Reporting Suspected Child Abuse and Neglect
 
Policy Category:  Clinical
Distribution Level:  Directly Operated
Responsible Party:  Directly Operated Programs
 
Approved by Curley L. Bonds, MD, Chief Medical Officer 
Reviewed and Approved by Clinical Policy Committee on March 6, 2024
I.  PURPOSE
 
This policy provides Los Angeles County Department of Mental Health (DMH/Department) employees with standards and procedures regarding responsibilities for reporting suspected child abuse and neglect under PEN §§ 11164-11174.3, Child Abuse and Neglect Reporting Act (CANRA).

This policy is not intended to contain all elements of CANRA and associated regulations and does not substitute for the responsibility of DMH employees who are mandated reporters to know these regulations. The absence of training shall not excuse a mandated reporter from the duties imposed by CANRA.

 
II.  DEFINITIONS
 
Child Abuse Reporting Electronic System (CARES): An online system for reporting child abuse that will allow for faster and more efficient reporting of non-urgent child abuse while still allowing the Department of Children and Family Services (DCFS) to ensure the safety of children.  A 36-hour written report should not be filed when using the online reporting system.

Child: For the purpose of this policy the age definition for a child is 0 through 18.
 
Mandated Reporters: Mandated child abuse reporters include all those individuals and entities listed in PEN § 11165.7
 
Reportable Child Abuse and Neglect Categories (PEN §§ 11165.1, 11165.5, and 11166.05):
  • Sexual abuse, sexual assault, sexual exploitation, or commercial sexual exploitation;
  • Child neglect, negligent treatment or maltreatment, including acts and omissions on the part of the person responsible for the child’s welfare;
  • Willful harming or injuring of a child or endangering the health of a child;
  • Unlawful corporal punishment or injury;
  • Abuse or neglect in out-of-home care; and
  • Physical injury inflicted by other than accidental means.
Reasonable Suspicion: An objectively rational thought for a person to entertain based on facts that could cause a practical person in a like position, drawing on his/her training and experience, to suspect child abuse or neglect.

Workforce Member: Employees, legal entity practitioners, fee-for-service (FFS) practitioners, locum tenens, interns, trainees, volunteers, contract workers, and other persons whose conduct in the performance of work for the Department or its offices, programs, or facilities is under the direct control of the Department, office, or program, regardless of whether they are paid by the Department/County.

 
III.  POLICY
 
DMH requires all mandated reporters to fully comply with legal requirements and ethical codes in reporting suspected child abuse and/or neglect.
 
Prior to commencing employment with DMH, all new staff shall be required to sign a DMH Child Abuse and Neglect Reporting Act Acknowledgement Form stating they have knowledge of CANRA and have received a copy of or have attested to this policy.
 
Although DMH workforce members who are not mandated reporters are not required to report cases of suspected child abuse, they should consult with the Child Protection Hotline at (800) 540-4000 upon suspecting child abuse. They shall not be prohibited from filing a report.
 

The responsibility to report supersedes the other State codes including, but not limited to, physician and psychotherapy privileges and WIC § 5328 governing the disclosure and release of psychiatric information.

 
IV.  PROCEDURES
 
Procedures - Reporting Suspected Child Abuse and Neglect
 
V.  AUTHORITIES
 
VI.  ATTACHMENTS