How does mandated reporting of domestic violence differ when the victim is under 18?
Child Abuse Council
Santa Clara County,
Interagency Collaboration Committee (ICC),
July 9, 2003
When a child is involved, the guidelines for reporting a domestic violence relationship between two adults, (individuals 18 years and older), to the Department of Family and Childrens Services (DFCS or CPS) are found under When to contact Child Protective Services in domestic violence cases: A Guide for Mandated Reporters
In these situations, the child is the secondary victim of the violence. However, numerous teens directly experience relationship (domestic) violence. Relationship violence involving teens as the victim of the violence may trigger a somewhat overlapping, and confusing array of mandatory reporting laws.
While Child Abuse Reporting Laws may not apply to a youth under the age of 18, who is a victim of domestic violence, other laws do apply. (Penal Code Section 13700 - 13702 (Criminal Domestic Violence Laws.) In some cases, however a report is mandated by both Penal code sections 11160 -11163.6 (Domestic Violence reporting law) and Penal Code Sections 11164 -11174.4 (Child Abuse reporting law). Thus, when a teen is the victim of a violent relationship a mandated report may be required under one or both of the statures.
The child of a teen may also be a victim of the relationship violence. Mandated reporters should contact Child Protective Services regarding the child in these cases as outlined in When to contact Child Protective Services in domestic violence cases: A Guide for Mandated Reporters.
Finally, If a person under the age of 18 is involved in certain defined sexual relationships, mandated Child Abuse Reporters must report this to either the Santa Clara County Department of Family and Children’s Services (DFCS) or the Police (Penal Code Article 2.5, Section 11165). These reporting requirements are outlined in Child abuse reporting guidelines for sexual activity between and with minors.
All rights reserved. The Child Abuse Council of Santa Clara County makes every effort to ensure the accuracy of information presented on this site; but we make no warranty and can not be responsible for any damages resulting from use of information from this site.
| What's New | Links | Awareness | Statistics | Site Map |