Monday, November 26, 2007

Emotional abuse need not be reported

I am still trying to explain the school's strange behavior, and I see no innocent explanation. The school might defend itself by arguing that teachers are mandated reporters for child abuse, and confidentiality prevents the school from telling me about the report.

But there is no duty under the law for the school to keep info from me, as far as I can tell. Furthermore, emotional abuse is not required to be reported:
Willful cruelty or unjustified punishment, which includes inflicting or permitting unjustifiable physical pain or mental suffering, or the endangerment of the child's person or health. (P.C. 11165.3). "Mental suffering" in and of itself is not required to be reported. However, it may be reported. Penal Code11166.05 states: "Any mandated reporter who has knowledge of or who reasonably suspects that mental suffering has been inflicted upon a child or that his or her emotional well-being is endangered in any other way may report the known or suspected instance of child abuse or neglect to an agency specified in Section 11165.9".
I got this from "The California Child Abuse & Neglect Reporting Law Issues and Answers" (pdf booklet) that a reader kindly sent me.

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