Liability & LegalQuestion 110 of 200

Penal Code §11166 (the Child Abuse and Neglect Reporting Act) makes various professionals mandated reporters of child abuse. For security guards, the law:

a.Does not list 'security guard' as a default mandated-reporter category, but guards employed in schools, child-care facilities, or similar settings often fall under listed categories; voluntary reports by any person are encouraged and immunized
b.Treats every security guard as a mandated reporter by default, so that a guard who fails to report suspected child abuse within 36 hours of forming the suspicion commits a misdemeanour
c.Prohibits guards from making any child-abuse report at all, on the ground that an untrained observer's report contaminates the county's investigation before it can properly begin
d.Requires that reports be submitted only in writing by U.S. Mail, so that a telephone call to the agency does not discharge the duty however urgent the situation appears to be

Explanation

PC §11165.7 lists statutory mandated reporters under CANRA, including teachers, social workers, peace officers, medical personnel, and clergy. 'Security guard' is not listed as a standalone category, but guards employed in covered settings (schools, child-care facilities, churches with youth programs) may be mandated under those settings' categories. Mandated reports must be made by telephone immediately (or as soon as practicably possible) and followed by a written report within 36 hours under §11166. Any person may make a voluntary report and is immunized under §11172. Guards should follow employer policies and err on the side of reporting suspected child abuse to law enforcement or CPS.

Law Reference: Cal. Penal Code §11166

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