Under California law a mandated reporter must report, among other things, willful child endangerment or the willful infliction of unjustifiable physical pain or mental suffering on a child. See Penal Code § 11165.3. In the context of domestic violence, a mandated reporter must consider whether there is a risk of physical or emotional harm to the child.

The fact that a child’s parent or guardian has been the victim of domestic violence is not in and of itself a sufficient basis for reporting suspected child abuse or neglect. Further, a child’s exposure to a domestic violence incident in and of itself is not a sufficient basis for reporting suspected abuse or neglect. Other factors must exist which lead the mandated reporter to reasonably suspect that the child’s physical or emotional health is endangered as the result of domestic violence. Mandated reporters in Santa Clara County may consult with a screener at the CPS Hotline at 408-299- 2071 to determine whether a report is required.

L. Michael Clark, Lead Deputy County Counsel, Santa Clara County

Please visit our Mandatory Reporting page or view the corresponding PDF file for more information.

There is a high co-incidence of domestic violence in child abuse and neglect cases. Appropriate safety and service plans in those cases rely on ongoing assessment of domestic violence and its impact on both children and parents. Not all families experiencing domestic violence should be referred to child protective services nor will child protective services respond to all reports of domestic violence. Child protective services intervention is warranted when the risk factors present a safety threat to the child.

One of the dilemmas of domestic violence and child abuse cases is how to keep children safe without penalizing the non-offending parent. The goal should be to view the child and non-offending parent as a unit. Often, what is in the best interest of the mother is actually what is in the best interest of the child. Although there are times when child protective services must file petitions in juvenile court or place children away from their mother/non-offending parent, the following actions may penalize the adult victim of intimate partner violence without increasing the safety of the children:

• Labeling the adult victim as the perpetrator (those who choose to do harm) through “failure to protect”;
• Telling the victim the children will be removed if the violence happens again;
• Placing children away from their mother/non-offending parent;
• Mandating restraining orders;
• Mandating services that could be voluntary; and/or
• Filing petitions in juvenile court.

When addressing instances of domestic violence and child abuse, provided the child is not in immediate danger, the following practices are recommended to ensure the wellbeing of the non-offending parent and child(ren):

• Accurately assess (impact of exposure, domestic violence offender interference in non-offending parent parenting, etc.) and provide appropriate services and treatment modalities.
• Routinely provide resources, services, and support relative to the violence.
• Confirm self-reports of progress by the domestic violence offender toward non-violence.
• Actively include children and non-offending partner in planning interventions with the domestic violence offender in a safe and appropriate way.
• Increasing access to resources, expand networks of support, and promote resiliency.
• Provide children counseling, recreational opportunities, and opportunities to feel accomplished.
• Refer domestic violence offenders to the appropriate services and monitor their progress. Case management strategies are tied to the domestic violence offender’s demonstrated follow-through and changed behavior.
• Specifically and safely evaluate children with academic performance problems and learning disabilities for exposure to violence in the home.

When possible, the goal of child protective services should be to keep children in their own homes with the non-offending parent.

Adapted from:

• Oregon Department of Human Services: Child Welfare Practices for Cases with Domestic Violence, 2010
• Child and Family Service Review Outcomes: Strategies to Improve Domestic Violence Responses in CFSR Program Improvement Plans, written by Shellie Taggart, 2009.

In determining high risk and the need for immediate response, advocates should consider the following as additional risk factors where domestic violence is present.

• Domestic violence related injuries to an adult or child.
• Severe or frequent domestic violence assaults or escalation of severity and
  frequency.
• Display or use of weapons during domestic violence assault.
• Perpetrator’s (those who choose to do harm) threats to kill or seriously harm himself or others.
• Perpetrator stalking of adult victim and/or children.
• Menacing conduct of domestic violence perpetrator and risk to child of being
  assaulted or snatched.
• Substance abuse problem in the family.
• Non-abusive parent forced to flee and leave children with perpetrator. Or non-abusing parent and children have fled, without a place to go.
• Adult victim unable to care for child due to the trauma of a recent assault or to the
  trauma from a series of multiple incidents.
• Risk increases when the perpetrator has ongoing access to adult victim and/or
  children.

If you Make a Call

Creating a Safety Plan for Parents Involved with CPS

For more information on working with children, please visit our page on Children and Relationship Abuse.

Who to call to report a case of child abuse:

• California County Emergency Response Child Abuse Reporting Telephone Numbers

Manuals for assessing risk and safety planning:

• Safety Planning with Children
• Assessment of Risk Posed to Children by Relationship Abuse
• Child Welfare Practice for Cases with Domestic Violence
• Child Protection in Families with Domestic Violence by U.S. Department of Health and Human Services
• A Guide for Domestic Violence on the CoOccurrence of Relationship Abuse and Child Maltreatment

Training on mandated reporting:

• California Department of Social Services – Child Abuse Mandated Reporter Training
• Indian Child Welfare Act in California