Children's Rights in California
In addition to handling childhood vaccine injury claims under the Federal National Vaccine Injury Compensation Program, our attorneys at Ajalat & Ajalat handle all aspects of child abuse and neglect claims, defenses and investigations.
The Child Abuse and Neglect Reporting Act (CANRA, Penal Code 11164 et. seq.)
The Child Abuse and Neglect Reporting Act is the California Legislature's response to the growing problem of child abuse. The Act requires "mandated reporters" (i.e., doctors, nurses, psychologists, teachers and other professionals and employees that regularly come in contact with children) to report known or suspected abuse to the proper authorities. In addition, "authorized reporters" (i.e., family members, neighbors, witnesses and other concerned citizens, etc.) are encouraged to report suspected abuse. There are legal safeguards included in the law to protect reporters, thus encouraging reports.
Alejo v. City of Alhambra (1999) 75 Cal.App.4th 1180
Among other cases, our attorneys litigated Alejo v. City of Alhambra (1999) 75 Cal.App.4th 1180, which clarified and defined the law, specifically with regard to the duties of a police officer who recieves a report of abuse. In Alejo, a father, who suspected the mother's boyfriend was abusing his child, reported his suspicions to the local police department. The police officer summarily rejected the report and the child suffered subsequent and severe physical abuse. The Court rejected all of the City's arguments that the police officer had not duty to protect the child, the officer's acts were "discretionary" and that the City was immune from liability, and imposed liability on the police officer for his failure to investigate and report the alleged abuse, which likely caused the further abuse.
Since the Alejo opinion was published in 1999, it has been used throughtout the country as a training tool for law enforcement and other professionals charged with protecting children from abuse. Further, the value of Alejo in support of that goal was recognized by the California Legislature when, in 2000, the law was amended but specifically included language that the amendments were "not intended to abrogate the case of Alejo v. City of Alhambra (1999)."
Related Matters
Our attorneys have handled numerous matters enforcing the rights of abused children against their abusers and the professionals who failed to report the abuse (i.e., doctors, social workers, etc.). In addition to prosecuting these matters, our attorneys can, and have, advised professionals, employers, child protective agencies, school districts, child care facilities and summer camps on how to comply with the strict duties imposed upon them by the Reporting Act and other child protection laws. We have also advised concerned parents facing an abuse or neglect investigation.
Seek Experienced Legal Representation
If you believe you have a situation like those described above or you need advice regarding compliance with child protection laws, contact the experienced child advocates at Ajalat & Ajalat today.
