When parents send their children to school each day, they entrust teachers and childcare professionals to safeguard children from harm, including abuse. As a child’s primary caretaker at school, these professionals are uniquely well-positioned to detect and address abuse when it happens in schools. Timely reporting is not just an ethical obligation but also a legal requirement for these professionals. Those to whom this law applies are known as mandated reporters.
Mandated reporters’ failure to act can have dire consequences. In many of the cases that our child abuse attorneys pursue, the harm suffered by our clients was compounded by mandated reporters’ failing to act sooner. This failure to fulfill their legal obligation to report can give rise to extensive and long-term cases of abuse, which can be an essential fact in our pursuit of justice on behalf of our clients. In cases like these, both the mandated reporter in question and the government entity that negligently hired and trained them can be liable. If your child has suffered the unimaginable trauma of abuse or neglect in school, contact our child abuse attorneys today.
What do mandated reporters report?
Although child abuse is alarmingly common, it is often preventable. Child abuse can have staggering consequences, severely impacting development for children and causing excruciating emotional pain for parents. Teachers and childcare professionals are among the only people who can actively prevent this crime, which is why they are legally required to report it.
Their legal mandate to report expands beyond events that they witness first-hand. Mandated reporters must file a report due to any suspicion or evidence they have of abuse. This can include, but is not limited to:
- Direct witnessing of abuse. Our child abuse attorneys have litigated numerous cases in which mandated reporters directly witnessed abuse in their schools, but, either due to fear of retaliation or lack of concern, failed to report.
- Children’s complaints. Mandated reporting laws are triggered when a child complains/reports their own abuse.
- Unexplained bruising/wounds. Children’s unexplained injuries are a common sign of abuse.
- Unusual hunger. A child consistently having unusual hunger after time under the care of a certain educator may be a sign of denial of food.
- Coworker’s failure to report. If a mandated reporter learns that there is a suspicion of abuse that their coworker has failed to report, they must report it in their place.
- Child’s extreme fear of a certain teacher. A teacher can easily notice if a student fears a certain teacher beyond what is to be reasonably expected.
- Coworker’s bragging about abusive teaching tactics. Shockingly, some teachers openly endorse abuse of children in the form of excessive corporal punishment.
These reports should lead to investigations and appropriate follow-up action from Child Protective Services and the appropriate law enforcement agencies.
If you learn that your child has been abused at school and it was not reported, it is likely that a mandated reporter’s negligence played a role. Our child abuse attorneys want to help your family seek justice – contact us today.
Who is a mandated reporter in California?
When we think of mandated reporters, we often think of teachers; however, it is actually much more expansive. Nearly all California professionals who have contact with children as part of their work are mandated reporters. This includes:
- Doctors.
- Therapists.
- School administrators.
- Teacher’s Aides/Substitute Teachers.
- Social workers.
- Police officers.
- Camp counselors.
- Any employee of a public school.
- All medical professionals.
- Clergy members.
If someone has contact and/or cares for children in a professional capacity in California, it is highly likely that they are a mandated reporter. Mandated reporting laws exist in nearly all fields of care, including elder care.
If your child has been abused, our child abuse attorneys can help you get justice. Contact us today to learn more.
Who can I sue for child abuse?
Our child abuse attorneys have pursued lawsuits against wrongdoers for abuse of minors in schools, religious organizations, camps, etc. Most often, government entities, such as the Los Angeles Unified School District, are the primary source of financial compensation. The failure of a mandated reporter to report is often due to the lack of proper training and/or irresponsible hiring, for which the district can be liable. Any party that was privy to or enabled the abuse of a minor can be held liable, including any member of the list of mandated reporters above and even the relevant local authorities. Our experienced child abuse attorneys believe that anyone responsible for this crime must be held accountable.
We are determined to bring you justice. Contact us today to learn more about your options.
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