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 felony with a 5-year prison sentence
b.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)
c.Only an administrative violation with no penalty
d.A civil infraction handled by the State Bar

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 §11165.7

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