Transcription of Appendix A: Child Sexual Assault Reporting Requirements
1 AB 327: CA Child Abuse ReportingAppendix A: Child Sexual Assault Reporting RequirementsActivityReportRequiredSource Minor under age 14: consensual Sexual activity withminor partner under age 14 and of similar age, andadditional facts do not suggest includes minors under age 14 whoseek medical treatment for STDs,pregnancy, or abortion, wherepractitioners believe these conditionsare the result of consensual sexualactivity, and additional facts do notsuggest Parenthood Affiliates of CAv. Van de KampPeople v. Stockton Pregnancy ControlMedical Clinic67 Ops. Atty. Gen. 235, 6-1-84 Minor under age 14: Consensual Sexual activity withpartner age 14 or over, and additional facts do notsuggest abuseYESCal.
2 Pen Code 288(a)Cal. Penal Code (a)In re Paul age 14 or 15: Consensual Sexual activity withpartner at least 10 years older, and additional facts donot suggest abuseYESCal. Pen Code 288(a)Cal. Penal Code (a)Minor age 14 or over: consensual Sexual activity withminor partner age 14 or over and of similar age, andadditional facts do not suggest from lack of requirement foryounger minors, legislative silence on theissue, and holding in People v. StocktonMinor under age 16: consensual Sexual intercourse(statutory rape) with partner age 21 or older, andadditional facts do not suggest Pen Code (d)Cal.
3 Penal Code (a)Minors age 14 or over but younger than age 16:Consensual Sexual activity with person under 21, andadditional facts do not suggest specifically mandated by newreporting lawMinor age 16 or over: consensual Sexual activity withadult of any age, and additional facts do not specifically mandated by newreporting lawOther situations where provider knows or has areasonable suspicion that there has been Sexual Assault ,as defined in the Penal Code (a)National Center for Youth LawMay 1998 MANDATED Reporting SIMPLIFIEDDOMESTICVIOLENCECHILD ABUSE &NEGLECTCHILD ABUSE UNLAWFUL SEXUALINTERCOURSEDEENDENT ADULTELDER ABUSEP enal Code Code Code (definition)Penal Code and Institutions code15630-15632 WHO MUSTREPORT?
4 Health providers employed in ahealth facilityChild care custodians, healthpractitioners, Child protectiveagency personnel, childvisitation monitors, firefighters,animal control officers orhumane society officers,commercial film andphotographic processors andclergyChild care custodians, healthpractitioners, Child protectiveagency personnel, Child visitationmonitors, firefighters, animalcontrol officers or humanesociety officers, commercial filmand photographic processors andclergyAny person who has care ofcustody of an elder or dependentadult, including administrators,supervisors and any licensedstaff of a public or privatefacility, or any elder ordependent adult care custodian,health practitioner, or employeeof a county adult protectiveservices agency or a local lawenforcement agencyWHAT GETSREPORTED?
5 Any wound inflicted by a firearm orsuspected to be the result ofassaultive or abusive conductSuspected Child abuse orneglect Sexual conduct of personunder 14 with older person Sexual conduct of personunder 16 with person 21* Sexual conduct of 16 or 17years old when possibility ofabuse existsSuspected physical,psychological and financialabuse or neglectTO WHOM ISREPORT SENT?Local law enforcementCounty welfare (childprotective services agency),probation, or police or sheriff sdepartmentCounty welfare ( Child protectiveservices agency), probation orpolice or sheriff s departmentCounty welfare (adult protectiveservices agency) Local law enforcementWHAT IS TIMEFRAME FORREPORTING?
6 By telephone report within twoworking by report within by report within by report within twoworking daysD:\wpdocs9\CA Child Abuse Rpt 3/22/02 AB 327: CA Child Abuse Reportingaa
