Is a police officer required to follow up an allegation of child abuse?

California, United States of America


The following excerpt is from B.H. v. Cnty. of San Bernardino, E054516 (Cal. App. 2013):

Plaintiff asserts that Penal Code section 11166, subdivision (a), imposes two mandatory duties on a police officer who receives an account of child abuse: (a) the duty to investigate, and (b) the duty to take further action when an objectively reasonable person in the same situation would suspect child abuse. (Alejo v. City of Alhambra (1999) 75 Cal.App.4th 1180, 1186.) However, while the language of the statute does require a mandated reporter to send a followup report where the mandated reporter knows or reasonably suspects a child has been the victim of child abuse or neglect, it does not create a general mandatory duty "to take further action" where child abuse is not suspected.

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