Who Is A Mandated Reporter Under California Abuse Laws?
The elderly, disabled adults, and individuals with certain medical conditions are vulnerable to abuse and neglect, which is why California law establishes a support system to protect them. There are certain people who must report their knowledge or a reasonable suspicion about mistreatment, based upon their role. These are individuals who are tasked with protecting the vulnerable through their job, working for public safety, or even as a relative. Mandated reporters are required to report to Adult Protective Services (APS) in Alameda County, but Child Protective Services (CPS) is the resource when a child is the victim of neglect or abuse.
There can be confusion about who is considered a mandatory reporter because the laws are different in every state. The issue might be important if you are required to contact authorities because of your position, but it is also crucial if you need to pursue someone for misconduct. An Oakland abuse and neglect attorney will handle details, and some background is helpful.
List of Mandated Reporters: There are numerous individuals on this list that you expect are required to report, but some might surprise you. Mandated reporters include:
- Caregivers at assisted living facilities, memory care, and nursing homes;
- Members of the law enforcement and firefighters;
- Welfare and social workers;
- Members of the clergy and religious organizations;
- Teachers, school administrators, and other employees of public or private school systems;
- Health care providers, including physicians, nurses, and pediatricians; and,
- Individuals who have permanent or temporary custody or responsibility for caring for a vulnerable individual.
Events That Trigger Reporting: A mandated reporter must take action if the victim alerts them that abuse or neglect has occurred. However, those who are required to report also have a duty in some situations even without a first-hand account from the victim. If a person observes the incident, they must contact APS or CPS right away. Plus, a mandated reporter is required to report if an injury or other condition leads to suspicion that neglect or abuse was the reason behind it.
Legal Remedies for Abuse and Neglect: Knowing who is mandated reporter may be important if that person failed to comply with their legal duty. A victim could suffer physical, financial, and emotional losses because of this breach, so California laws provide legal options to recover damages. However, keep in mind that there may be other potential parties in an abuse and neglect case:
- The person who committed the misconduct, whether an employee, caregiver, or family member;
- Any company that employed the person who engaged in mistreatment, including a nursing home, church, school, or day care;
- Public officials, if they did not take action after an alert from a mandated reporter.
Contact Our Oakland Abuse and Neglect Lawyers for Details
Information about mandated reporters is just one aspect of the laws that makes neglect and abuse cases so complicated, but there are additional challenges. For more information on legal options for someone who suffered mistreatment, please contact Venardi Zurada, LLP. We can set up a not-cost case evaluation at our offices in Oakland or Walnut Creek, CA.