Q: Is an Elder of a church bound by California's mandatory reporting law for child abuse?

A: See: https://www.childwelfare.gov/pubPDFs/clergymandated.pdf, page 5 says, in relevant part:

"California

Cal. Penal Code § 11166(d)

A clergy member who acquires knowledge or reasonable suspicion of child abuse during a penitential communication is not

required to make a report. For the purposes of this subdivision, 'penitential communication' means a communication intended

to be in confidence—including, but not limited to, a sacramental confession—made to a clergy member who in the course of the

discipline or practice of his or her church, denomination, or organization is authorized or accustomed to hear those communications

and under the discipline, tenets, customs, or practices of his or her church, denomination, or organization, has a duty to keep those

communications secret.

Nothing in this subdivision shall be construed to modify or limit a clergy member's duty to report known or suspected child abuse

when a clergy member is acting in some other capacity that would otherwise make the clergy member a mandated reporter.

On or before January 1, 2004, a clergy member or any custodian of records for the clergy member may report to an agency

specified in § 11165.9 that the clergy member or any custodian of records for the clergy member, prior to January 1, 1997, in his or

her professional capacity or within the scope of his or her employment, other than during a penitential communication, acquired

knowledge or had a reasonable suspicion that a child had been the victim of sexual abuse and that the clergy member or any

custodian of records for the clergy member did not previously report the abuse to an agency specified in § 11165.9.

This paragraph shall apply even if the victim of the known or suspected abuse has reached the age of majority by the time the

required report is made.

The local law enforcement agency shall have jurisdiction to investigate any report of child abuse made pursuant to this paragraph

even if the report is made after the victim has reached the age of majority.

Cal. Penal Code § 11165.7(a)(32)-(33)

A mandated reporter is defined as any of the following:

• A clergy member, as specified in § 11166(c)

• Any custodian of records of a clergy member, as specified in this section and § 11166(c)

As used in this article, 'clergy member' means a priest, minister, rabbi, religious practitioner, or similar functionary of a church,

temple, or recognized denomination or organization."

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