Legal & EthicalQuestion 191 of 200
Under Penal Code §11166, a mandated reporter who fails to report KNOWN OR REASONABLY SUSPECTED child abuse or neglect commits:
a.A misdemeanor punishable by up to 6 months in county jail and/or a fine up to $1,000 (or imprisonment up to 1 year and/or up to $5,000 if the abuse resulted in death or great bodily injury)
b.A civil infraction handled by the State Bar
c.Only an administrative violation with no penalty
d.A felony with a 5-year prison sentence
Explanation
PC §11166(c) makes failure to report by a mandated reporter (PC §11165.7 lists CNAs and other health practitioners) a misdemeanor punishable by up to 6 months in county jail, a fine up to $1,000, or both. If the abuse or neglect resulted in death or great bodily injury, the penalty rises to up to 1 year in county jail and/or up to $5,000 fine. Mandated reporters must telephone a child protective agency immediately or as soon as practicably possible, followed by a written report within 36 hours. Good-faith reporters have civil and criminal immunity under PC §11172.
Law Reference: PC §11166; PC §11165.7Practice all 200 questions free — no signup required.
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