Child Abuse
Supreme Court Sides with Therapists on Child Pornography Reporting Law
A California Supreme Court decision could have major implications for a law requiring psychotherapists to crireport patients who, in the course of therapy, admit to having viewed or downloaded child pornography. Since 2014, the Child Abuse and Neglect Reporting Act (CANRA) requires therapistds to contact law enforcement anytime a patient admits to these acts--due to the expansion of the definition of “sexual exploitation” with Assembly Bill 1775. A group of…
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Is it Ever Legal to Spank Your Child with a Wooden Spoon?
When a child does something wrong, many parents believe in disciplining the child through spanking or some other form of corporal punishment. But some parents hesitate to spank their child because they are unsure if it is legal. Various studies released over the past decade and beyond seem to indicate that is not "good parenting" to physically discipline a child as punishment. However, there are still many parents who strongly…
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Child abuse or endangerment? (PC 273a)
Recently a child with autism was left unattended on a bus for over 6 hours. Under current California law, that could be considered child neglect or potential child endangerment. It is still unclear who was ultimately responsible for this, but certainly there is potential of a criminal charge being filed if this was done intentionally or with negligence. The school district also may face civil sanctions if it is determined…
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The Decision to Report Suspected Child Abuse is NOT Always a Clear one under Our Current Laws
Having represented school teachers throughout Southern California for over 30 years, I can tell you that teachers are trained as to their legal obligation to report "suspected child abuse". Ideally, teachers would always want to do the right thing to make sure that their students are not abused. However, the problem often arises as to what is "reasonable suspicion" of child abuse. A student comes to class with a bruise…
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My Name was Placed on CACI in San Diego. What Should I Do Next?
The California Child Abuse Central Index (CACI) is a tool created by the California Legislature to protect the health and safety of children. CACI is a list consisting of names of people who have been investigated or charged with child abuse. The primary purpose of CACI is to permit specified government agencies to locate prior reports detailing investigations of known or suspected child abuse or severe neglect. Every law enforcement…
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