Q: Are high schools responsible to notify the parents of a juvenile about reported abuse by a teacher? what law is it?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
To answer this question accurately, we need to consider California's mandated reporting laws and school policies regarding child abuse. Here's a breakdown of the key points:
1. Mandated Reporting:
In California, teachers and other school employees are mandated reporters under the Child Abuse and Neglect Reporting Act (CANRA). This is found in California Penal Code sections 11164-11174.3.
2. Reporting Process:
When a school employee suspects abuse, they are required to report it to law enforcement or child protective services immediately or as soon as practicably possible.
3. Parental Notification:
The law does not specifically require schools to notify parents of reported abuse. In fact, in some cases, immediate parental notification could potentially interfere with an investigation, especially if a parent is suspected of being involved in the abuse.
4. School Policies:
While not mandated by law, many school districts have policies in place to notify parents when there are serious allegations against a teacher, as long as doing so doesn't interfere with an ongoing investigation.
5. Confidentiality:
The identity of the mandated reporter and the contents of the report are confidential and can only be disclosed to specified agencies and individuals.
It's important to note that while schools may not be legally required to notify parents immediately about reported abuse, they do have a general duty to ensure student safety. The specific actions taken can depend on the nature of the allegations and the guidance of investigating authorities.
If you need more detailed information or have a specific situation in mind, it would be advisable to consult with a lawyer specializing in education or juvenile law in California. They can provide more tailored advice based on the specific circumstances.
A: Are you asking if allegations of abuse must be disclosed to each and every parent of every student attaining the school?
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
