Personal information disclosed by students to school counselors is confidential, with the exception of psychotherapist referrals for treatment, reports of child abuse, disclosures to principals or parents to vouchsafe the health and safety of the student or the school community, provided that such disclosures do not imperil the health and safety of the student. In addition, counselors may disclose personal information to law enforcement authorities under court order. Maintaining confidentiality of the personal information is not grounds for civil or criminal actions.
Any information of a personal nature disclosed by a student 12 years of age or older in the process of receiving counseling from a school counselor is confidential, except to report child abuse/neglect.
Law enforcement officials shall report to the state attorney general daily reports of crimes including child abuse, together with a description of the nature of the crime and supplemental data, which may include health records.
Attorney General shall report annually to the Legislature concerning the information pertaining to the sexual abuse of children reported to the Department of Justice. No confidential information shall be released in the reports submitted to the Legislature.
As mandated reporters, a medical or nonmedical practitioner with reasonable certainty to believe that the child under 14 has been subjected to child abuse (can be ascertained through medical reports) must make a report to a child protection agency
"Mandated reporter" includes physician, surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, and others, for purposes of the Child Abuse and Neglect Reporting Act.
A mandated reporter shall make a report to an agency specified in Penal Code 11165.9 whenever the mandated reporter has knowledge or observes a child reasonably suspected of being a victim of child abuse or neglect. The mandated reported shall make an immediate initial report, followed by a written report which may include any nonprivileged documentary evidence relating to the incident. Failure to report is a misdemeanor punishable by up to six months in county jail, fine of one thousand dollars or both.
Prior to commencing employment, a mandated reporter shall sign a statement on a form provided by the employer stating knowledge of the provisions of the Child Abuse and Neglect Reporting Act.
Mandated reporters of child abuse or neglect pursuant to Penal Code 11166 shall include contact and other personal information of the child. The identity of all persons who report under this article shall be confidential and disclosed only among agencies receiving or investigating mandated reports, the prosecutor. No agency or person listed shall disclose the identity of any person who reports.
Authorized persons within county health departments shall be permitted to receive copies of any reports made by health practitioners. The Department of Justice is not required to disclose information contained in its records of child abuse and severe neglect index or records from its investigations of out-of-home care abuse. Disclosure of any reports or records of child abuse or neglect is not permitted if the disclosure would be prohibited by any other state or federal laws.
