Child abuse or neglect: reporting

Parents, guardians, tribes, and attorneys for other children in the same placement will receive prompt, limited notice of substantiated abuse or neglect or a removal caused by it.

What the law does ​

• Requires county welfare agencies to notify a child’s parent’s or legal guardian’s dependency attorney, and an Indian child’s tribal representative, within 36 hours after substantiating an out-of-home-placement abuse or neglect report or removing a child from that placement for abuse or neglect.
• Requires notice within 36 hours to attorneys representing children with open dependency cases in the same placement.
• Covers foster care, congregate care, short-term residential therapeutic programs, relative placements, and other out-of-home placements.
• Limits notices to the substantiation and, where permitted, the child’s name; bars disclosure of reporter identities, report details, and protected personal or confidential information.
• Excludes parents whose parental rights have been terminated from the parent-attorney notification requirement.
• Authorizes the State Department of Social Services to implement the changes through all-county letters or similar written instructions with the force of regulations.

Who it affects ​

• Children in foster care and other out-of-home placements.
• Parents and legal guardians involved in dependency cases, except those whose parental rights have been terminated.
• Attorneys representing parents, guardians, and children in dependency court.
• Tribal representatives for Indian children.
• County welfare agencies.

Context ​

The law applies to local agencies only to the extent the state provides annual funding for any increased costs beyond existing realignment-funded services.