reglab/statecodes huggingface dataset:
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2 - Reports of Injuries › Section 11163.2.

11163.2. (a) In any court proceeding or administrative hearing, neither the physician-patient privilege nor the psychotherapist privilege applies to the information required to be reported pursuant to this article.
(b) The reports required by this article shall be kept confidential by the health facility, clinic, or physician’s office that submitted the report, and by local law enforcement agencies, and shall only be disclosed by local law enforcement agencies to those involved in the investigation of the report or the enforcement of a criminal law implicated by a report. In no case shall the person suspected or accused of inflicting the wound, other injury, or assaultive or abusive conduct upon the injured person or his or her attorney be allowed access to the injured person’s whereabouts.
(c) For the purposes of this article, reports of suspected child abuse and information contained therein may be disclosed only to persons or agencies with whom investigations of child abuse are coordinated under the regulations promulgated under Section 11174.
(d) The Board of Prison Terms may subpoena reports that are not unfounded and reports that concern only the current incidents upon which parole revocation proceedings are pending against a parolee.
(Added by Stats. 1993, Ch. 992, Sec. 11. Effective January 1, 1994.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2 - Reports of Injuries › Section 11163.4.

11163.4. Subject to available funding, the Attorney General, working with the state domestic violence coalition, shall develop, no later than January 1, 2025, a protocol for the development and implementation of interagency domestic violence death review teams for use by counties, which shall include relevant procedures for both urban and rural counties. The protocol shall be designed to facilitate communication among persons who perform autopsies and the various persons and agencies involved in domestic violence cases so that incidents of domestic violence, near deaths related to domestic violence, and deaths related to domestic violence are recognized and surviving nonoffending family and household members and domestic partners receive the appropriate services.
(Amended by Stats. 2022, Ch. 986, Sec. 2. (SB 863) Effective January 1, 2023.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2 - Reports of Injuries › Section 11163.5.

11163.5. (a) The purpose of this section is to coordinate and integrate state and local efforts to address fatal domestic violence, and to create a body of information to prevent domestic violence deaths.
(b) (1) The Department of Justice is hereby authorized to carry out the purpose of this section with the cooperation of the State Department of Social Services, the State Department of Public Health, the California State Coroner’s Association, the County Welfare Directors Association, and the state domestic violence coalition.
(2) The Department of Justice, after consulting with the agencies and organizations specified in paragraph (1), may consult with other representatives of other agencies and private organizations to accomplish the purpose of this section.
(c) To accomplish the purpose of this section, the Department of Justice and agencies and organizations involved may engage in the following activities:
(1) Collect, analyze, and interpret state and local data on domestic violence death and near death in an annual report to be available upon request. The report may contain, but need not be limited to, information provided by state agencies and the county domestic violence death review teams for the preceding year.
(2) Develop a state and local database on domestic violence deaths.
(A) The state data may include the Department of Justice statistics, the State Department of Public Health Vital Records, and information obtained by other relevant state agencies.
(B) The Department of Justice, in consultation with the agencies and organizations specified in paragraph (1) of subdivision (b), may develop a model minimal local data set and request data from local teams for inclusion in the annual report.
(3) Distribute a copy of the report to public officials in the state who deal with domestic violence issues and to those agencies responsible for domestic violence death review investigation in each county.
(d) The Department of Justice may direct the creation of a statewide domestic violence death review team directory, which shall contain the names of the members of the agencies and private organizations participating under this section, the members of local domestic violence death review teams, and the local liaisons to those teams. The department may maintain and update the directory annually.
(e) The agencies or private organizations participating under this section shall participate without reimbursement from the state. Costs incurred by participants for travel or per diem shall be borne by the participant agency or organization. Any reports prepared by the Department of Justice pursuant to this section shall be in consultation with the state domestic violence coalition.
(Amended by Stats. 2023, Ch. 131, Sec. 163. (AB 1754) Effective January 1, 2024.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2 - Reports of Injuries › Section 11163.6.

11163.6. In order to ensure consistent and uniform results, data may be collected and summarized by the domestic violence death review teams to show the statistical occurrence of domestic violence deaths or near deaths in the team’s county that occur under the following circumstances:
(a) The deceased was a victim of a homicide committed by a current or former spouse, fiance, or dating partner.
(b) The deceased was the victim of a suicide, was the current or former spouse, fiance, or dating partner of the perpetrator and was also the victim of previous acts of domestic violence.
(c) The deceased was the perpetrator of the homicide of a former or current spouse, fiance, or dating partner and the perpetrator was also the victim of a suicide.
(d) The deceased was the perpetrator of the homicide of a former or current spouse, fiance, or dating partner and the perpetrator was also the victim of a homicide related to the domestic homicide incident.
(e) The deceased was a child of either the homicide victim or the perpetrator, or both.
(f) The deceased was a current or former spouse, fiance, or dating partner of the current or former spouse, fiance, or dating partner of the perpetrator.
(g) The deceased was a law enforcement officer, emergency medical personnel, or other agency responding to a domestic violence incident.
(h) The deceased was a family member, other than identified above, of the perpetrator.
(i) The deceased was the perpetrator of the homicide of a family member, other than identified above.
(j) The deceased had a disability and the homicide was related to domestic violence.
(k) The deceased was a person not included in the above categories and the homicide was related to domestic violence.
(l) The victim suffered a substantial risk of serious bodily injury or death from domestic violence.
(m) The circumstances of the domestic violence event indicate the perpetrator more likely than not intended to kill or seriously injure the victim.
(Amended by Stats. 2022, Ch. 986, Sec. 4. (SB 863) Effective January 1, 2023.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2.4 - Homeless Death Review Committees › Section 11163.70.

11163.70. For purposes of this article, unless the context requires otherwise, “homeless” has the same meaning as in subdivision (d) of Section 16523 of the Welfare and Institutions Code.
(Added by Stats. 2023, Ch. 135, Sec. 1. (AB 271) Effective January 1, 2024.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2.4 - Homeless Death Review Committees › Section 11163.71.

11163.71. (a) A county may establish a homeless death review committee to assist local agencies in identifying the root causes of death of homeless individuals and facilitating communication among persons who perform autopsies and the various persons and agencies involved in supporting the homeless population.
(b) A county that establishes a homeless death review committee pursuant to subdivision (a) may develop a protocol to be used as guidelines by persons performing autopsies on homeless individuals to assist coroners and other persons who perform autopsies in the identification of the cause and mode of death of the individual.
(Added by Stats. 2023, Ch. 135, Sec. 1. (AB 271) Effective January 1, 2024.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2.4 - Homeless Death Review Committees › Section 11163.72.

11163.72. (a) An oral or written communication or a document shared within or produced by a homeless death review committee related to a homeless death review is confidential and not subject to disclosure or discoverable by another third party.
(b) An oral or written communication or a document provided by a third party to a homeless death review committee, or between a third party and a homeless death review committee, is confidential and not subject to disclosure or discoverable by a third party.
(c) Notwithstanding subdivisions (a) and (b), recommendations of a homeless death review committee upon the completion of a review may be disclosed at the discretion of a majority of the members of the homeless death review committee.
(Added by Stats. 2023, Ch. 135, Sec. 1. (AB 271) Effective January 1, 2024.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2.4 - Homeless Death Review Committees › Section 11163.74.

11163.74. Information gathered by the homeless death review committee and any recommendations made by the committee shall be used by the county to develop education and prevention strategies that will lead to improved coordination of services for the homeless population.
(Added by Stats. 2023, Ch. 135, Sec. 1. (AB 271) Effective January 1, 2024.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2.5 - Child Abuse and Neglect Reporting Act › Section 11164.

11164. (a) This article shall be known and may be cited as the Child Abuse and Neglect Reporting Act.
(b) The intent and purpose of this article 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.
(Amended by Stats. 2000, Ch. 916, Sec. 1. Effective January 1, 2001.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2.5 - Child Abuse and Neglect Reporting Act › Section 11165.

11165. As used in this article “child” means a person under the age of 18 years.
(Repealed and added by Stats. 1987, Ch. 1459, Sec. 2.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2.5 - Child Abuse and Neglect Reporting Act › Section 11165.2.

11165.2. As used in this article, “neglect” means the negligent treatment or the maltreatment of a child by a person responsible for the child’s welfare under circumstances indicating harm or threatened harm to the child’s health or welfare. The term includes both acts and omissions on the part of the responsible person.
(a) “Severe neglect” means the negligent failure of a person having the care or custody of a child to protect the child from severe malnutrition or medically diagnosed nonorganic failure to thrive. “Severe neglect” also means those situations of neglect where any person having the care or custody of a child willfully causes or permits the person or health of the child to be placed in a situation such that their person or health is endangered as proscribed by Section 11165.3, including the intentional failure to provide adequate food, clothing, shelter, or medical care.
(b) “General neglect” means the negligent failure of a person having the care or custody of a child to provide adequate food, clothing, shelter, medical care, or supervision where no physical injury to the child has occurred but the child is at substantial risk of suffering serious physical harm or illness. “General neglect” does not include a parent’s economic disadvantage.
For the purposes of this chapter, a child receiving treatment by spiritual means as provided in Section 16509.1 of the Welfare and Institutions Code or not receiving specified medical treatment for religious reasons, shall not for that reason alone be considered a neglected child. An informed and appropriate medical decision made by parent or guardian after consultation with a physician or physicians who have examined the minor does not constitute neglect.
(Amended by Stats. 2022, Ch. 770, Sec. 1. (AB 2085) Effective January 1, 2023.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2.5 - Child Abuse and Neglect Reporting Act › Section 11165.3.

11165.3. As used in this article, “the willful harming or injuring of a child or the endangering of the person or health of a child,” means a situation in which 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 the child to be placed in a situation in which his or her person or health is endangered.
(Amended by Stats. 2004, Ch. 842, Sec. 1. Effective January 1, 2005.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2.5 - Child Abuse and Neglect Reporting Act › Section 11165.4.

11165.4. As used in this article, “unlawful corporal punishment or injury” means a situation where any person willfully inflicts upon any child any cruel or inhuman corporal 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, for purposes of self-defense, or to obtain possession of weapons or other dangerous objects within the control of the pupil, as authorized by Section 49001 of the Education Code. It also does not include the exercise of the degree of physical control authorized by Section 44807 of the Education Code. It also does not include an injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of his or her employment as a peace officer.
(Amended by Stats. 1993, Ch. 346, Sec. 1. Effective January 1, 1994.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2.5 - Child Abuse and Neglect Reporting Act › Section 11165.5.

11165.5. As used in this article, the term “abuse or neglect in out-of-home care” includes physical injury or death inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1, neglect as defined in Section 11165.2, unlawful corporal punishment or injury as defined in Section 11165.4, or the willful harming or injuring of a child or the endangering of the person or health of a child, as defined in Section 11165.3, where the person responsible for the child’s welfare is a licensee, administrator, or employee of any facility licensed to care for children, or an administrator or employee of a public or private school or other institution or agency. “Abuse or neglect in out-of-home care” does not include an injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of his or her employment as a peace officer.
(Amended by Stats. 2007, Ch. 393, Sec. 1. Effective January 1, 2008.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2.5 - Child Abuse and Neglect Reporting Act › Section 11165.6.

11165.6. As used in this article, the term “child abuse or neglect” includes physical injury or death inflicted by other than accidental means upon a child by another person, sexual abuse as defined in Section 11165.1, neglect as defined in Section 11165.2, the willful harming or injuring of a child or the endangering of the person or health of a child, as defined in Section 11165.3, and unlawful corporal punishment or injury as defined in Section 11165.4. “Child abuse or neglect” does not include a mutual affray between minors. “Child abuse or neglect” does not include an injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of his or her employment as a peace officer.
(Amended by Stats. 2007, Ch. 393, Sec. 2. Effective January 1, 2008.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2.5 - Child Abuse and Neglect Reporting Act › Section 11165.9.

11165.9. Reports of suspected child abuse or neglect shall be made by mandated reporters, or in the case of reports pursuant to Section 11166.05, may be made, 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, unless the agency can immediately electronically transfer the call to an agency with proper jurisdiction. When an agency takes a report about a case of suspected child abuse or neglect in which that agency lacks jurisdiction, the agency shall immediately refer the case by telephone, fax, or electronic transmission to an agency with proper jurisdiction. Agencies that are required to receive reports of suspected child abuse or neglect may not refuse to accept a report of suspected child abuse or neglect from a mandated reporter or another person unless otherwise authorized pursuant to this section, and shall maintain a record of all reports received.
(Amended by Stats. 2006, Ch. 701, Sec. 2. Effective January 1, 2007.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2.5 - Child Abuse and Neglect Reporting Act › Section 11165.11.

11165.11. As used in this article, “licensing agency” means the State Department of Social Services office responsible for the licensing and enforcement of the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code), the California Child Day Care Act (Chapter 3.4 (commencing with Section 1596.70) of Division 2 of the Health and Safety Code), and Chapter 3.5 (commencing with Section 1596.90) of Division 2 of the Health and Safety Code), or the county licensing agency which has contracted with the state for performance of those duties.
(Added by Stats. 1987, Ch. 1459, Sec. 18.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2.5 - Child Abuse and Neglect Reporting Act › Section 11165.12.

11165.12. As used in this article, the following definitions shall control:
(a) “Unfounded report” means a report that is determined by the investigator who conducted the investigation to be false, to be inherently improbable, to involve an accidental injury, or not to constitute child abuse or neglect, as defined in Section 11165.6.
(b) “Substantiated report” means a report that is determined by the investigator who conducted the investigation to constitute child abuse or neglect, as defined in Section 11165.6, based upon evidence that makes it more likely than not that child abuse or neglect, as defined, occurred. A substantiated report shall not include a report where the investigator who conducted the investigation found the report to be false, inherently improbable, to involve an accidental injury, or to not constitute child abuse or neglect as defined in Section 11165.6.
(c) “Inconclusive report” means a report that is determined by the investigator who conducted the investigation not to be unfounded, but the findings are inconclusive and there is insufficient evidence to determine whether child abuse or neglect, as defined in Section 11165.6, has occurred.
(Amended by Stats. 2011, Ch. 468, Sec. 1. (AB 717) Effective January 1, 2012.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2.5 - Child Abuse and Neglect Reporting Act › Section 11165.13.

11165.13. For purposes of this article, a positive toxicology screen at the time of the delivery of an infant is not in and of itself a sufficient basis for reporting child abuse or neglect. However, any indication of maternal substance abuse shall lead to an assessment of the needs of the mother and child pursuant to Section 123605 of the Health and Safety Code. If other factors are present that indicate risk to a child, then a report shall be made. However, a report based on risk to a child which relates solely to the inability of the parent to provide the child with regular care due to the parent’s substance abuse shall be made only to a county welfare or probation department, and not to a law enforcement agency.
(Amended by Stats. 2000, Ch. 916, Sec. 11. Effective January 1, 2001.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2.5 - Child Abuse and Neglect Reporting Act › Section 11165.14.

11165.14. The appropriate local law enforcement agency shall investigate a child abuse complaint filed by a parent or guardian of a pupil with a school or an agency specified in Section 11165.9 against a school employee or other person that commits an act of child abuse, as defined in this article, against a pupil at a schoolsite and shall transmit a substantiated report, as defined in Section 11165.12, of that investigation to the governing board of the appropriate school district or county office of education. A substantiated report received by a governing board of a school district or county office of education shall be subject to the provisions of Section 44031 of the Education Code.
(Amended by Stats. 2000, Ch. 916, Sec. 12. Effective January 1, 2001.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2.5 - Child Abuse and Neglect Reporting Act › Section 11165.15.

11165.15. For the purposes of this article, the fact that a child is homeless or is classified as an unaccompanied youth, as defined in Section 11434a of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.), is not, in and of itself, a sufficient basis for reporting child abuse or neglect. This section shall not limit a mandated reporter, as defined in Section 11165.7, from making a report pursuant to Section 11166 whenever the mandated reporter has knowledge of or observes an unaccompanied minor whom the mandated reporter knows or reasonably suspects to be the victim of abuse or neglect.
(Amended by Stats. 2014, Ch. 71, Sec. 132. (SB 1304) Effective January 1, 2015.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2.5 - Child Abuse and Neglect Reporting Act › Section 11166.01.

11166.01. (a) Except as provided in subdivision (b), any supervisor or administrator who violates paragraph (1) of subdivision (i) of Section 11166 shall be punished by not more than six months in a county jail, by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment.
(b) Notwithstanding Section 11162 or subdivision (c) of Section 11166, any mandated reporter who willfully fails to report abuse or neglect, or any person who impedes or inhibits a report of abuse or neglect, in violation of this article, where that abuse or neglect results in death or great bodily injury, shall be punished by not more than one year in a county jail, by a fine of not more than five thousand dollars ($5,000), or by both that fine and imprisonment.
(Amended by Stats. 2006, Ch. 901, Sec. 10. Effective January 1, 2007.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2.5 - Child Abuse and Neglect Reporting Act › Section 11166.02.

11166.02. (a) A county welfare agency, in accordance with Section 10612.5 of the Welfare and Institutions Code, may develop a program for internet-based reporting of child abuse and neglect. The program may receive reports by mandated reporters, as defined in Section 11165.7, of suspected child abuse or neglect and shall meet all of the following conditions:
(1) The suspected child abuse or neglect does not indicate that the child is subject to an immediate risk of abuse, neglect, or exploitation or that the child is in imminent danger of severe harm or death.
(2) The agency provides an internet form that includes standardized safety assessment qualifying questions in order to obtain necessary information required to assess the need for child welfare services and a response. The State Department of Social Services shall provide guidance through written directives to counties participating in the program to incorporate qualifying questions in the online report that would indicate the need to redirect the mandated reporter to perform a telephone report.
(3) The mandated reporter is required to complete all required fields, including identity and contact information of the mandated reporter, in order to submit the report.
(4) The agency provides an internet-based reporting system that has appropriate security protocols to preserve the confidentiality of the reports and any documents or photographs submitted through the system.
(5) This section does not change current statutory or regulatory requirements regarding timely review, assessment, and response to reports of possible abuse or neglect.
(b) (1) In a county where the program is active, a mandated reporter may use the internet-based reporting tool in lieu of the required initial telephone report required by subdivision (a) of Section 11166. A mandated reporter submitting an internet-based report in accordance with this subdivision shall, as soon as practically possible, cooperate with the agency on any requests for additional information if needed to investigate the report, subject to applicable confidentiality requirements.
(2) In a county where the program is active, a mandated reporter who submits the initial report through the internet-based reporting tool in lieu of the required initial telephone report is not required to submit the written followup report required pursuant to subdivision (a) of Section 11166.
(c) A county shall decommission its system for internet-based reporting of child abuse and neglect, as developed pursuant to this section, when the State Department of Social Services notifies counties that internet-based reporting of child abuse and neglect is available and functional within the statewide comprehensive child welfare information system.
(Amended by Stats. 2020, Ch. 242, Sec. 1. (AB 1929) Effective January 1, 2021.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2.5 - Child Abuse and Neglect Reporting Act › Section 11166.05.

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.
(Amended by Stats. 2004, Ch. 842, Sec. 9. Effective January 1, 2005.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2.5 - Child Abuse and Neglect Reporting Act › Section 11166.1.

11166.1. (a) (1) When an agency receives a report pursuant to Section 11166 that contains either of the following, it shall, within 24 hours, notify the licensing office with jurisdiction over the facility:
(A) A report of abuse alleged to have occurred in facilities licensed to care for children by the State Department of Social Services.
(B) A report of the death of a child who was, at the time of death, living at, enrolled in, or regularly attending a facility licensed to care for children by the State Department of Social Services, unless the circumstances of the child’s death are clearly unrelated to the child’s care at the facility.
(2) The agency shall send the licensing agency a copy of its investigation and any other pertinent materials.
(b) Any employee of an agency specified in Section 11165.9 who has knowledge of, or observes in their professional capacity or within the scope of their employment, a child in protective custody whom the employee knows or reasonably suspects has been the victim of child abuse or neglect shall, within 36 hours, send or have sent to the attorney who represents the child in dependency court, a copy of the report prepared in accordance with Section 11166. The agency shall maintain a copy of the written report. All information requested by the attorney for the child or the child’s guardian ad litem shall be provided by the agency within 30 days of the request.
(c) (1) When an agency receives a report pursuant to Section 11166 alleging abuse or neglect of the child of a minor parent or a nonminor dependent parent, the agency shall, within 36 hours, provide notice of the report to the attorney who represents the minor parent or nonminor dependent in dependency court.
(2) For purposes of this subdivision, “minor parent” and “nonminor dependent parent” have the same meaning as in Section 16002.5 of the Welfare and Institutions Code.
(Amended by Stats. 2021, Ch. 585, Sec. 1. (AB 670) Effective January 1, 2022.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2.5 - Child Abuse and Neglect Reporting Act › Section 11166.2.

11166.2. In addition to the reports required under Section 11166, any agency specified in Section 11165.9 shall immediately or as soon as practically possible report by telephone, fax, or electronic transmission to the appropriate licensing agency every known or suspected instance of child abuse or neglect when the instance of abuse or neglect occurs while the child is being cared for in a child day care facility, involves a child day care licensed staff person, or occurs while the child is under the supervision of a community care facility or involves a community care facility licensee or staff person. The agency shall also send, fax, or electronically transmit a written report thereof within 36 hours of receiving the information concerning the incident to any agency to which it makes a telephone report under this subdivision. The agency shall send the licensing agency a copy of its investigation report and any other pertinent materials.
(Amended by Stats. 2001, Ch. 133, Sec. 7. Effective July 31, 2001.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2.5 - Child Abuse and Neglect Reporting Act › Section 11166.3.

11166.3. (a) The Legislature intends that in each county the law enforcement agencies and the county welfare or probation department shall develop and implement cooperative arrangements in order to coordinate existing duties in connection with the investigation of suspected child abuse or neglect cases. The local law enforcement agency having jurisdiction over a case reported under Section 11166 shall report to the county welfare or probation department that it is investigating the case within 36 hours after starting its investigation. The county welfare department or probation department shall, in cases where a minor is a victim of actions specified in Section 288 of this code and a petition has been filed pursuant to Section 300 of the Welfare and Institutions Code with regard to the minor, evaluate what action or actions would be in the best interest of the child victim. Notwithstanding any other provision of law, the county welfare department or probation department shall submit in writing its findings and the reasons therefor to the district attorney on or before the completion of the investigation. The written findings and the reasons therefor shall be delivered or made accessible to the defendant or his or her counsel in the manner specified in Section 859.
(b) The local law enforcement agency having jurisdiction over a case reported under Section 11166 shall report to the district office of the State Department of Social Services any case reported under this section if the case involves a facility specified in paragraph (5) or (6) of subdivision (a) of Section 1502, Section 1596.750 or 1596.76 of the Health and Safety Code, and the licensing of the facility has not been delegated to a county agency. The law enforcement agency shall send a copy of its investigation report and any other pertinent materials to the licensing agency upon the request of the licensing agency.
(Amended by Stats. 2001, Ch. 133, Sec. 8. Effective July 31, 2001.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2.5 - Child Abuse and Neglect Reporting Act › Section 11168.

11168. The written reports required by Section 11166 shall be submitted on forms adopted by the Department of Justice after consultation with representatives of the various professional medical associations and hospital associations and county probation or welfare departments. Those forms shall be distributed by the agencies specified in Section 11165.9.
(Amended by Stats. 2000, Ch. 916, Sec. 26. Effective January 1, 2001.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2.5 - Child Abuse and Neglect Reporting Act › Section 11170.5.

11170.5. (a) Notwithstanding paragraph (4) of subdivision (b) of Section 11170, the Department of Justice shall make available to a licensed adoption agency, as defined in Section 8530 of the Family Code, information regarding a known or suspected child abuser maintained in the Child Abuse Central Index, pursuant to subdivision (a) of Section 11170, concerning any person who has submitted to the agency an application for adoption.
(b) A licensed adoption agency, to which disclosure of any information pursuant to subdivision (a) is authorized, is responsible for obtaining the original investigative report from the reporting agency, and for drawing independent conclusions regarding the quality of the evidence disclosed and the sufficiency of the evidence for making decisions when evaluating an application for adoption.
(c) Whenever information contained in the Department of Justice files is furnished as the result of an application for adoption pursuant to subdivision (a), the Department of Justice may charge the agency making the request a fee. The fee shall not exceed the reasonable costs to the department of providing the information. The only increase shall be at a rate not to exceed the legislatively approved cost-of-living adjustment for the department. In no case shall the fee exceed fifteen dollars ($15).
All moneys received by the department pursuant to this subdivision shall be deposited in the Department of Justice Sexual Habitual Offender Fund pursuant to subparagraph (C) of paragraph (9) of subdivision (b) of Section 11170.
(Amended by Stats. 2004, Ch. 842, Sec. 19. Effective January 1, 2005.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2.5 - Child Abuse and Neglect Reporting Act › Section 11171.2.

11171.2. (a) A physician and surgeon or dentist or their agents and by their direction may take skeletal X-rays of the child without the consent of the child’s parent or guardian, but only for purposes of diagnosing the case as one of possible child abuse or neglect and determining the extent of the child abuse or neglect.
(b) Neither the physician-patient privilege nor the psychotherapist-patient privilege applies to information reported pursuant to this article in any court proceeding or administrative hearing.
(Added by renumbering Section 11171 by Stats. 2002, Ch. 249, second Sec. 3. Effective January 1, 2003.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2.5 - Child Abuse and Neglect Reporting Act › Section 11171.5.

11171.5. (a) If a peace officer, in the course of an investigation of child abuse or neglect, has reasonable cause to believe that the child has been the victim of physical abuse, the officer may apply to a magistrate for an order directing that the victim be X-rayed without parental consent.
Any X-ray taken pursuant to this subdivision shall be administered by a physician and surgeon or dentist or their agents.
(b) With respect to the cost of an X-ray taken by the county coroner or at the request of the county coroner in suspected child abuse or neglect cases, the county may charge the parent or legal guardian of the child-victim the costs incurred by the county for the X-ray.
(c) No person who administers an X-ray pursuant to this section shall be entitled to reimbursement from the county for any administrative cost that exceeds 5 percent of the cost of the X-ray.
(Amended by Stats. 2000, Ch. 916, Sec. 30. Effective January 1, 2001.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2.5 - Child Abuse and Neglect Reporting Act › Section 11174.

11174. The Department of Justice, in cooperation with the State Department of Social Services, shall prescribe by regulation guidelines for the investigation of abuse in out-of-home care, as defined in Section 11165.5, and shall ensure that the investigation is conducted in accordance with the regulations and guidelines.
(Amended by Stats. 1988, Ch. 269, Sec. 5.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2.5 - Child Abuse and Neglect Reporting Act › Section 11174.1.

11174.1. (a) The Department of Justice, in cooperation with the State Department of Social Services, shall prescribe by regulation guidelines for the investigation of child abuse or neglect, as defined in Section 11165.6, in facilities licensed to care for children, and shall ensure that the investigation is conducted in accordance with the regulations and guidelines.
(b) For community treatment facilities, day treatment facilities, group homes, and foster family agencies, the State Department of Social Services shall prescribe the following regulations:
(1) Regulations designed to assure that all licensees and employees of community treatment facilities, day treatment facilities, group homes, and foster family agencies licensed to care for children have had appropriate training, as determined by the State Department of Social Services, in consultation with representatives of licensees, on the provisions of this article.
(2) Regulations designed to assure the community treatment facilities, day treatment facilities, group homes, and foster family agencies licensed to care for children maintain a written protocol for the investigation and reporting of child abuse or neglect, as defined in Section 11165.6, alleged to have occurred involving a child placed in the facility.
(c) The State Department of Social Services shall provide such orientation and training as it deems necessary to assure that its officers, employees, or agents who conduct inspections of facilities licensed to care for children are knowledgeable about the reporting requirements of this article and have adequate training to identify conditions leading to, and the signs of, child abuse or neglect, as defined in Section 11165.6.
(Amended by Stats. 2000, Ch. 916, Sec. 32. Effective January 1, 2001.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2.5 - Child Abuse and Neglect Reporting Act › Section 11174.3.

11174.3. (a) Whenever a representative of a government agency investigating suspected child abuse or neglect or the State Department of Social Services deems it necessary, a suspected victim of child abuse or neglect may be interviewed during school hours, on school premises, concerning a report of suspected child abuse or neglect that occurred within the child’s home or out-of-home care facility. The child shall be afforded the option of being interviewed in private or selecting any adult who is a member of the staff of the school, including any certificated or classified employee or volunteer aide, to be present at the interview. A representative of the agency investigating suspected child abuse or neglect or the State Department of Social Services shall inform the child of that right prior to the interview.
The purpose of the staff person’s presence at the interview is to lend support to the child and enable him or her to be as comfortable as possible. However, the member of the staff so elected shall not participate in the interview. The member of the staff so present shall not discuss the facts or circumstances of the case with the child. The member of the staff so present, including, but not limited to, a volunteer aide, is subject to the confidentiality requirements of this article, a violation of which is punishable as specified in Section 11167.5. A representative of the school shall inform a member of the staff so selected by a child of the requirements of this section prior to the interview. A staff member selected by a child may decline the request to be present at the interview. If the staff person selected agrees to be present, the interview shall be held at a time during school hours when it does not involve an expense to the school. Failure to comply with the requirements of this section does not affect the admissibility of evidence in a criminal or civil proceeding.
(b) The Superintendent of Public Instruction shall notify each school district and each agency specified in Section 11165.9 to receive mandated reports, and the State Department of Social Services shall notify each of its employees who participate in the investigation of reports of child abuse or neglect, of the requirements of this section.
(Amended by Stats. 2000, Ch. 916, Sec. 33. Effective January 1, 2001.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2.6 - Child Death Review Teams › Section 11174.33.

11174.33. Subject to available funding, the Attorney General, working with the California Consortium of Child Abuse Councils, shall develop a protocol for the development and implementation of interagency child death teams for use by counties, which shall include relevant procedures for both urban and rural counties. The protocol shall be designed to facilitate communication among persons who perform autopsies and the various persons and agencies involved in child abuse or neglect cases so that incidents of child abuse or neglect are recognized and other siblings and nonoffending family members receive the appropriate services in cases where a child has expired. The protocol shall be completed on or before January 1, 1991.
(Added by renumbering Section 11166.8 by Stats. 2004, Ch. 842, Sec. 12. Effective January 1, 2005.)