(a) This articles shall be known and may be cited as the ____________________.

(b) The intent and purpose of this articles is to protect children from abuse and neglect. In any investigation of suspected child abuse or neglect, all persons participating in the investigation of the case shall consider the needs of the child victim and shall do whatever is necessary to prevent psychological harm to the child victim.

Child Abuse and Neglect Reporting Act 

P.C. 11164

Child

PC 11165

Sexual assault or sexual exploitation of a child.

Sexual Abuse

Conduct in any violation of one or more of the following sections:

• rape
• statutory rape
• rape in concert
• incest
• sodomy
• lewd or lascivious acts upon a child
• oral copulation
• sexual penetration
• child molestation

Sexual Assault

Conduct involving matter depicting a minor engaged in obscene acts in violation of

• Section 311.2 (preparing, selling, or distributing obscene matter) or 
• Subdivision (a) of Section 311.4 (employment of minor to perform obscene acts).

Sexual Exploitation

Neglect

PC 11165.2

________ means the negligent failure of a person having the care/custody of a child to protect the child from severe malnutrition or medically diagnosed non-organic failure to thrive, or those situations where any person having the care/custody of a child willfully causes or permits the person or health of the child to be placed in a situation such that health is endangered.

Severe Neglect

General Neglect

The unjustifiable punishment of a child where any person willfully causes or permits any child to suffer, or inflicts thereon, unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of a child to be place in a situation such that his/her person or health is endangered.

Willfull Cruelty

PC 11165.3

·         A situation where any person willfully inflicts upon any child any cruel or inhuman punishment or injury resulting in a traumatic condition. It does NOT include

• an amount of force that is reasonable and necessary for a person employed by or engaged in a public school to quell a disturbance threatening physical injury to person or damage to property purposes of self-defense or to obtain possession of weapons or other dangerous objects w/in control of the pupil.
• an injury caused by reasonable and necessary force used by peace officer acting w/in course and scope of employment

Unlawful Corporal Punishment/Injury

PC 11165.4

Out-of-Home Care

PC 11165.5

Physical injury or death inflicted by other than accidental means upon a child by another person, sexual abuse, neglect, unlawful corporal punishment/injury, or willfull harming of a child or endangering health of a child. Does NOT include:

• a mutual affray between minors
• an injury caused by reasonable and necessary force used by a peace officer

Child Abuse

PC 11165.6

Child Abuse Resulting form Domestic Violence: fact that it occurs in household in which a child resides does not automatically result in a child abuse report, even if child witnessed an act of domestic violence.

The ultimate criteria is...

...the “effect” that the domestic violence is having on the child.

• (ex. acting out in school as a result)

21)  Marriage family  child counselor/therapist

24)  A MFT trainee as defined in subdivision © of Section 4980.03 of the Business and Professions Code

25)  Unlicensed MFT intern registered Section 4980.44 of the Business and Professions Code

·         A mandated reporter shall make a report to the specified agency: (2+1) 

1. Whenever they observe/have knowledge of a child whom they know or reasonably suspect has been a victim of abuse or neglect.
2. Immediately or as soon as practically possible by telephone 
3. Prepare and send a fax or electronically transmit a written follow-up report within 36 hours of receiving the information

o   Third party information is reportable if learned in a professional capacity

MFTs primary reporting agency for child abuse and neglect is _______.

3 more common reporting agencies include:

State Dept. of Social Services (DCFS)

1. Police Dept.
2. Sheriffs Dept.
3. County Probation Dept.

Failure to Report: P.C. 11166.01 Any mandated reporter who willfully fails to report abuse or neglect or any person who impedes or inhibits a report shall be punished by: (3) 

1. not more than one year in a county jail
2. a fine of not more than 5 thousand dollars
3. or both.

7 Common Indicators of Child Abuse:

1. Unexplained burns
2. Cuts
3. Bruises
4. Unsuitable clothing for weather
5. Extreme hunger
6. Fear of adults
7. Sexual knowledge/interest beyond years

10 Additional Indicators of Child Abuse and Neglect:

1. Lack of spontaneous movement
2. Nightmares or sleeping disturbances
3. Aggressive behaviors
4. Apathy
5. Cutting
6. Alcohol or substance abuse
7. Problems in school
8. Difficulty concentrating
9. Eating disorders
10. Run away from home

Indicators

The State of California’s Attorney General has expanded the Child Abuse Reporting Act to include future victims. 

• If an adult reports abuse when a minor and the alleged perpetrator has current access to minors , then a report is required by the mandated reporter for the protection of future victims. 
• Direct access includes employment with, parents of or babysitting of minors.

Historical Reporting

Requires health practioners, care custodians, clergy members and employees of county adult protective service agencies and local law enforcement agencies to report known or suspected cases of abuse of elders and dependent adults and to encourage  community members in general to do so.

California Welfare and Institutions Code 15630

(a) Require health practitioners, care custodians, clergy members, and employees of county adult protective services agencies and local law enforcement agencies to report known or suspected cases of abuse of elders and dependent adults and to encourage community members in general to do so.

(b) Collect information on the numbers of abuse victims, circumstances surrounding the act of abuse, and other data which will aid the state in establishing adequate services to aid all victims of abuse in a timely, compassionate manner.

(c) Provide for protection under the law for all those persons who report suspected cases of abuse, provided that the report is not made with malicious intent.

Dependent Adult

Elder Adult

·         knowledge or reasonable suspicion of an incident of: 

• Physical Abuse: injury inflicted by other than accidental means by another. 
• Includes use of physical, chemical restraint or psychotropic meds, with holding by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.

Dependent Adult/Elder Abuse

WIC 15630-15632

Abandonment

Isolation

Applies to any person who secretes, or misappropriates money or property, to any wrongful use, or with the intent to defraud

• If a dependent adult or elder, or representative of the adult who holds or has control of property that belongs to or is held in trust for an elder/dependent adult requests transfer of property to a third party without good cause
• Third party acted with intent of bad faith

Financial Abuse

Abduction

1. Other treatment with resulting physical harm or pain or mental suffering
2. Mental suffering is defined as “fear, agitation, confusion , severe depression, serious emotional stress, brought on by threats, harassment or intimidating behavior”
3. Reasonable suspicion or knowledge of abuse in which reports are not mandated “may” be reported
4. Additionally, abuse that harms or endangers the emotional well-being of an elder/dependent adult “may” be reported

Substantial probability that an elder or dependent adult is in immediate risk of death or serious physical harm through either his/her own actions or inaction or result of the action or inaction of another.

Imminent Danger

All of the following  conditions must exist:

1. The elder/dependent adult has told a therapist they have experienced a form of mandated abuse.
2. The mandated reporter has no evidence of this abuse.
3. The elder/dependent adult has a diagnosis of: Dementia, defect or incapacity or is under court ordered conservatorship because of the above conditions.
4. The therapist believes that the abuse did not occur.

A mandated reporter has no obligation to investigate  a known or suspected incident of abuse.

1. Mandated reporters are not required to disclose to a client that a abuse report is being filed.
2. Mandated reporters have absolute immunity and are protected from criminal liability , including taking photographs(or physician or dentist taking x-ray) without parent consent if report is filed in “good faith”.
3. If a civil suit is introduced, the State Board of Control has legal authority to reimburse.
4. The identity of the reporter is held confidential, disclosed only to the designated report agency, attorney representing the victim, by court order or when reporter waives confidentiality.

In making a determination of the best interest of the child in a child custody proceeding, the court shall, among any other factors it finds relevant, consider all of the following:

(a) The health, safety, and welfare of the child.

(b) Any history of abuse by one parent or any other person seeking custody against any of the following:

1. Any child to whom he or she is related by blood or affinity or with whom he or she has had a caretaking relationship, no matter how temporary.
2. The other parent.
3. A parent, current spouse, or cohabitant, of the parent or person seeking custody, or a person with whom the parent or person seeking custody has a dating or engagement relationship.

(c) The nature and amount of contact with both parents.

(d) The habitual or continual illegal use of controlled substances, alcohol, or prescribed controlled substances by either parent.

(e) Where allegations about a parent pursuant to subdivision (b) or (d) have been brought to the attention of the court in the current proceeding, and the court makes an order for sole or joint custody to that parent, the court shall state its reasons in writing or on the record. 

Regarding the guardianship of minors, Prob.C. 2104 for a Non-Profit Charitable Corporation states that: (3)

(a)A nonprofit charitable corporation may be appointed as a guardian or conservator of the person or estate, or both, if all of the following requirements are met:

1. The corporation is incorporated in this state.
2. The articles of incorporation specifically authorize the corporation to accept appointments as guardian or conservator, as the case may be.
3. The corporation has been providing, at the time of appointment, care, counseling, or financial assistance to the proposed ward or conservatee under the supervision of a registered social worker certified by the Board of Behavioral Science Examiners of this state.

(b)The petition for appointment of a nonprofit charitable corporation described in this section as a guardian or conservator shall include in the caption the name of a responsible corporate officer who shall act for the corporation for the purposes of this division. 

(c)If a nonprofit charitable corporation described in this section is appointed as a guardian or conservator:

1. The corporation's compensation as guardian or conservator shall be allowed only for services actually rendered.
2. Any fee allowed for an attorney for the corporation shall be for services actually rendered.

a) The court appointment of a guardian of the person of a child.

b) The marriage of the child.

c) The child attaining the age of majority.

a) a guardianship of the person, estate, or both terminates when the ward attains majority or dies.

b) a guardianship of the person terminates when the ward marries.

1. no longer necessary that ward have a guardian
2. in the ward's best interest to terminate guardianship

According to Prob.C. 2660 regarding the Resignation of Guardian, a guardian or conservator may at any time file with the court a petition tendered in the resignation of the guardian or conservator. 

The court: (2)

1) shall allow such resignation when it appears proper, to take effect at such time as the court shall fix, and
2) may take any order as may be necessary to deal with the 

• guardianship or conservatorship during the period prior to the appointment of a new guardian/conservator
• settlement of the accounts of the resigning guardian/conservator

Emancipation

F.C. 7802

(a) The person has entered into a valid marriage, whether or not the marriage has been dissolved.

(b) The person is on active duty with the armed forces of the United States.

(c) The person has received a declaration of emancipation pursuant to Section 7122.

Regarding the purposes of emancipation of a minor to be considered an adult, F.C. 7050 states that an emancipated minor shall be considered as being an adult for the following purposes:

(a) The minor's right to support by the minor's parents.

(b) The right of the minor's parents to the minor's earnings and to control the minor.

(c) The application of Sections 300 and 601 of the Welfare and Institutions Code.

(d) Ending all vicarious or imputed liability of minor's parents or guardian for minor's torts.

(e) The minor's capacity to do any of the following:

1. Consent to medical, dental, or psychiatric care, without parental consent, knowledge, or liability.
2. Enter into a binding contract or give a delegation of power.
3. Buy, sell, lease, encumber, exchange, or transfer an interest in real or personal property
4. Sue or be sued in the minor's own name.
5. Etc.

Regarding Child Abandonment Proceedings, F.C. 7822 states that (a) a proceeding under this part may be brought if any of the following occur: (3 +2)

1. The child has been left without provision for the child's identification by the child's parent or parents.
2. The child has been left by both parents or the sole parent in the care and custody of another person for a period of six months without any provision for the child's support, or without communication from the parent or parents, with the intent on the part of the parent or parents to abandon the child.
3. One parent has left the child in the care and custody of the other parent for a period of one year without any provision for the child's support, or without communication from the parent, with the intent on the part of the parent to abandon the child.

Regarding Child Neglect Proceeding Requirements, F.C. 7823 states that (a) a proceeding under this part may be brought where all of the following requirements are satisfied: (2 +1)

1. The child has been neglected or cruelly treated by either or both parents.
2. The child has been a dependent child of the juvenile court under any subdivision of Section 300 of the Welfare and Institutions Code and the parent or parents have been deprived of the child's custody for one year before the filing of a petition pursuant to this part.

(b)Physical custody by the parent or parents for insubstantial periods of time does not interrupt the running of the one-year period.

Uniform Acts

1. Ceremonial
2. Common Law

Act passed by the federal government which supports states in refusing to allow same-sex marriages or refusing to acknowledge such marriages performed in other jurisdictions.

Currently only Rhode Island, New York, and Maryland recognize same-sex marriages from other states.

Defense of Marriage Act (1996)

Legitimate Children

(1)  he is married to the mother of the child and the child is born during the marriage;

(2)  he is married to the mother of the child and the child is born before the 301st day after the date the marriage is terminated by death, annulment, declaration of invalidity, or divorce;

(3)  he married the mother of the child before the birth of the child in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or before the 301st day after the date the marriage is terminated by death, annulment, declaration of invalidity, or divorce;

(4)  he married the mother of the child after the birth of the child in apparent compliance with law, regardless of whether the marriage is or could be declared invalid, he voluntarily asserted his paternity of the child.

(5)  during the first two years of the child's life, he continuously resided in the household in which the child resided and he represented to others that the child was his own.

Adoption

1. the rights of a nonmarital father in proceedings by others to adopt his children
2. an adoptee's right to know the identity of his or her natural parents

Consent Statutes

The state's right to intrude on a family derives from two distinct sources:

________ is the states inherent power to prevent its citizens from harming one another as well as its mandate to promote all aspects of the public welfare.

________ is the limited paternalistic power of the state to protect and promote the welfare of certain individuals (e.g. children) who lack the capacity to act in their own best interests.

• Police Power
• Parens Patriae

Before intervening, state must show that parents are unfit, unable, or unwilling to care for children. Determination of unfitness is controversial, becoming assoc. with and further delimiting parens patriae by the void-for-vagueness doctrine.

This doctrine concerns the potential infringement of parents due process rights, and is composed of 3 distinct yet related components that provide basis for judicial consideration:

1. Fair Warning
2. the potential for arbitrary judicial enforcement of ambiguously worded statues
3. consideration of whether a component is too broad; that is, there is strong potential that legal and illegal behavior may be prosecuted

Fair Warning

Doctrine of Recrimination

1. Sole Custody
2. Split Custody
3. Divided Custody
4. Joint Custody