JOHN K. VAN DE KAMP Attorney General
JOHN T. MURPHY Deputy Attorney General
AGO 83-911
No. 83-911
California Attorney General Opinion
Office of the Attorney General State of California
June 1, 1984
THE
HONORABLE ROBERT H. PHILIBOSIAN, DISTRICT ATTORNEY, COUNTY OF
LOS ANGELES, has requested an opinion on the following
question:
Is a
medical practitioner or a nonmedical practitioner, as defined
in the Child Abuse Reporting Law, required by that law to
make a report to a child protective agency when a child
receives medical attention for a sexually transmitted
disease, for birth control, for pregnancy or for abortion?
CONCLUSION
The
obligation of a medical practitioner or a nonmedical
practitioner, as defined in the Child Abuse Reporting Law, to
make a report to a child protective agency arises when such
person in his or her professional capacity has knowledge of
or observes a child who he or she knows or reasonably
suspects has been the victim of child abuse. A report is
required when a child under age 14 receives medical attention
for a sexually transmitted disease, for pregnancy or for
abortion. A report is required when a child age 14 or older
receives such attention if additional facts point to child
abuse.
ANALYSIS
We are
asked whether a medical practitioner or a nonmedical
practitioner, as defined in the Child Abuse Reporting Law
(Pen. Code, §§ 11165-11174), is required under that
law to make a report to a child protective agency when a
child receives medical attention for a sexually transmitted
disease, for birth control, for pregnancy or for abortion.
A
medical practitioner is "a physician and surgeon,
psychiatrist, psychologist, dentist, resident, intern,
podiatrist, chiropractor, licensed nurse, dental hygienist,
or any other person who is currently licensed under Division
2 (commencing with Section 500) of the Business and
Professions Code." (Pen. Code, § 11165, subd. (i).)
The latter category covers a variety of healing arts
professionals including optometrists and pharmacists. A
nonmedical practitioner is "a state or county public
health employee who treats a minor for venereal disease or
any other condition; a coroner; a paramedic; a marriage,
family, or child counselor; or a religious practitioner who
diagnoses, examines, or treats children." (Pen. Code,
§ 11165, subd. (j).) Persons in these categories (and in
the other categories listed in section 11165) who in their
professional capacities or within the scopes of their
employments have knowledge of or observe a child who they
know or reasonably suspect has been the victim of child abuse
must report the known or suspected instance to a child
protective agency. (Pen. Code, § 11166, subd. (a).) A
child protective agency is "a police or sheriff's
department, a county probation department, or a county
welfare department." (Pen. Code, § 11165, subd.
(k).)
Child
abuse has several definitions in the reporting law. Child
abuse is a "physical injury which is inflicted by other
than accidental means on a child by another person";
child abuse is a "sexual assault of a child or any act
or omission proscribed by [Penal Code] Section 273a (willful
cruelty and unjustifiable punishment of a child) or [Penal
Code] Section 273d (corporal punishment or injury)";
child abuse is "neglect of a child or abuse in
out-of-home care, as defined in this article." (Pen.
Code, § 11165, subd. (g).) A report of child abuse may
be made when "mental suffering has been inflicted on a
child or his or her emotional well-being is endangered."
(Pen. Code, § 11166, subd. (b).)
Sexual
assault is further defined as follows (Pen. Code, §
11165, subd. (b)):
"'Sexual assault' means conduct in violation
of the following sections of the Penal Code: Sections 261
(rape), 264.1 (rape in concert), 285 (incest), 286
(sodomy), subdivisions (a) and (b) of Section 288 (lewd or
lascivious acts upon a child under 14 years of age), and
Sections 288a (oral copulation), 289 (penetration of a
genital or anal opening by a foreign object), and 647a
(child molestation)."
Neglect
has several definitions in the reporting law (Pen. Code,
§ 11165, subd. (c)):
"'Neglect' means the negligent treatment or
the maltreatment of a child by a person responsible for the
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