II.Q MANDATORY REPORTING

Effective Date: 
Fri, 08/26/2011
Reviewed: 
Wed, 05/27/2015
Revised: 
Sun, 08/28/2011
Policy: 

CAPS staff need to be aware of and follow all applicable laws involving mandatory reporting.

Procedure: 

Child abuse-It is the legal duty of all CAPS clinical staff to report suspected child abuse. A report of child abuse is considered an incident and should be documented as such.  In keeping with California law, one person from CAPS should be designated to make the report to avoid duplication. Suspected child abuse must be reported to any police department, sheriff’s department, or county welfare agency as soon as possible. A written report is required within 36 hours. The reporting of emotional abuse is optional.

Elder or dependent adult abuse- CAPS clinical staff are mandated reporters of elder or dependent abuse.  A report is required when a mandated reported observes or has knowledge of an incident, or is told by an elder or dependent adult.  A report is not required when there is no corroborating evidence or if the elder or dependent adult has a mental illness or dementia and they are the source of the report.  Elder or dependent abuse must be reported within two working days to adult protective service or local law enforcement if the occurrence was in the home or to local law enforcement or local ombudsman if in a long-term care facility.

Tarasoff-CAPS clinical staff have a legal requirement to apply Tarasoff procedures when the patient (or a close family member communicates concerning the patient) communicates a serious threat of violence against a reasonably identifiable victim.  In these situations the police must be notified and a reasonable effort must be made to warn the victim.