When do Mandatory Reporters Have to Report?

[Washoe]

I’ve just obtained a professional license which requires me to be a mandatory reporter in the state of California. Does this mean that I have to report suspected abuse any time I see it, or just while I am at work in an occupation governed by my license? In other words, if I’m walking down the street after work and I see my neighbor flailing on his kid, do I have to report it? Here’s a good, real-life example: a close friend just told me that her ex-husband withholds thyroid medication from their minor child, of whom he has custody. Do I report that? This is a seemingly simple question, yet half an hour of Googling has provided nothing. Typing mandatory reporter California into Google yields about half a zillion hits, but I can’t seem to find an answer to my question anywhere.

[Rand_Rover]

You’ve asked a very specific question–i.e., how does this one law in this one state apply to people in my specific situation. Therefore, it’s doubtful you’ll find anyone who knows enough about this law to answer your question, and, if there is such a person on this board, they may be reticent to answer the question because they don’t want to provide a stranger with legal advice over the internet.

If I were in your situation, I would try to find the text of the law on the net and would talk with other people I work with to see what they have figured out about it. There is also probably someone you could speak with in California governmet who could give you the run-down.

[Nametag]

The California Code:

11166. (a) Except as provided in subdivision (d), and in Section
       11166.05, a mandated reporter shall make a report to an agency
       specified in Section 11165.9 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.

(g) Any other person who has knowledge of or observes a child whom
he or she knows or reasonably suspects has been a victim of child
abuse or neglect may report the known or suspected instance of child
abuse or neglect to an agency specified in Section 11165.9. For
purposes of this section,** “any other person” includes a mandated
reporter who acts in his or her private capacity and not in his or
her professional capacity or within the scope of his or her
employment**.

11166.05. Any mandated reporter who has knowledge of or who
reasonably suspects that a child is suffering serious emotional
damage or is at a substantial risk of suffering serious emotional
damage, evidenced by states of being or behavior, including, but not
limited to, severe anxiety, depression, withdrawal, or untoward
aggressive behavior toward self or others, may make a report to an
agency specified in Section 11165.9.

[Washoe]

Crap—now I feel like a twit for making you do my work for me. I skimmed the code trying to find it, but I didn’t have the patience to chew through the whole thing sentence by sentence. But thanks, I appreciate it.