Establishment and Maintenance of Central Registries for Child Abuse or Neglect Reports - California

Establishment

Citation: Penal Code § 11170

The Department of Justice shall maintain an index of all reports of child abuse and severe neglect submitted pursuant to § 11169. 

Purpose

Citation: Penal Code § 11170

Information from the Child Abuse Central Index shall be provided to specific persons or agencies for the following purposes:

• For investigating a case of known or suspected child abuse or neglect
• For conducting background checks of employment or volunteer candidates
• For conducting background checks of any person who is an applicant for licensure or approval, any adult who resides or is employed in the home of an applicant for licensure or approval, or any applicant for employment in a position having supervisorial or disciplinary power over a child or children or will provide 24-hour care for a child or children in a residential home or facility
• For placing children or assessing the possible placement of children 
• For conducting a background investigation of an applicant seeking employment as a peace officer
• For conducting a background investigation of an applicant seeking employment or volunteer status in a position that will give the person direct contact with children

Contents

Citation: Penal Code §§ 11167; 11169

Reports of known or reasonably suspected child abuse or neglect pursuant to § 11166 or § 11166.05 shall include the name, business address, and telephone number of the mandated reporter; the capacity that makes the person a mandated reporter; and the information that gave rise to the knowledge or reasonable suspicion of child abuse or neglect and the source or sources of that information.

The report shall include the following information if known:

• The child's name; address; present location; and, if applicable, school, grade, and class
• The names, addresses, and telephone numbers of the child's parents or guardians
• The name, address, telephone number, and other relevant personal information about the person or persons who the mandated reporter knows or reasonably suspects might have abused or neglected the child

An agency shall forward to the Department of Justice a written report on every case it investigates of known or suspected child abuse or severe neglect that is determined to be substantiated. An agency shall not forward a report to the Department of Justice unless it has conducted an active investigation and determined that the report is substantiated.

Maintenance

Citation: Penal Code § 11170

The Child Abuse Central Index shall be continually updated by the department and shall not contain any reports that are determined to be not substantiated. The department may adopt rules governing recordkeeping and reporting pursuant to this article.

The Department of Justice shall act only as a repository of reports of suspected child abuse and severe neglect to be maintained in the index. The submitting agencies are responsible for the accuracy, completeness, and retention of the reports described in this section. The department shall be responsible for ensuring that the index accurately reflects the report it receives from the submitting agency.