Legal Question in Civil Rights Law in California

Overstepping boundaries in the child abuse reporting process

What are the regulations in the reporting process of child abuse. My three and 3/4 year old daughter was photographed by someone at her daycare facility because she had a minor burn on her calf and right buttocks, that resulted from an accident in our home. I understand the school's responsibility to report the bruises, but I would like to know if there are any guidelines facilities have to follow in the reporting process. My daughter was taken into a room, alone, with a staff who was not even a teacher or part of the administrative staff, but rather a clerk sent to the schoool to assist for three hours a day. According to my daughter, she was interrogated and photographed with her pants and panties down, however the pictures reveal she was wearing panties. Are there any rules a facility has to follow in the reporting process?


Asked on 11/21/01, 12:22 pm

1 Answer from Attorneys

Michael Cortson Law Office of Michael D. Cortson, Esq.

Re: Overstepping boundaries in the child abuse reporting process

I owned a Montessori school for 11 years in LA. There are several laws requiring reporting even a suspicion of abuse. Even if you suspect mental abuse it should be reported. There is a hotline set up for reporting. The school did the right thing. They should alway err on the side of caution. It is unfortunate that there are parents who deliberately hurt their kids. I have seen it. It is awful. The reporting laws can protect kids. If is saves one, it's worth it. If there is a legitimate explanation for the injury they will acknowledge that. Kids get hurt all the time. Abuse is another thing and sometimes there is a fine line. Best of luck to you.

Dr. Michael Cortson

attorney at law

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Answered on 11/21/01, 12:41 pm


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