Section 11174.3 Of Article 2.5. Child Abuse And Neglect Reporting Act From California Penal Code >> Title 1. >> Part 4. >> Chapter 2. >> Article 2.5.
11174.3
. (a) Whenever a representative of a government agency
investigating suspected child abuse or neglect or the State
Department of Social Services deems it necessary, a suspected victim
of child abuse or neglect may be interviewed during school hours, on
school premises, concerning a report of suspected child abuse or
neglect that occurred within the child's home or out-of-home care
facility. The child shall be afforded the option of being interviewed
in private or selecting any adult who is a member of the staff of
the school, including any certificated or classified employee or
volunteer aide, to be present at the interview. A representative of
the agency investigating suspected child abuse or neglect or the
State Department of Social Services shall inform the child of that
right prior to the interview.
The purpose of the staff person's presence at the interview is to
lend support to the child and enable him or her to be as comfortable
as possible. However, the member of the staff so elected shall not
participate in the interview. The member of the staff so present
shall not discuss the facts or circumstances of the case with the
child. The member of the staff so present, including, but not limited
to, a volunteer aide, is subject to the confidentiality requirements
of this article, a violation of which is punishable as specified in
Section 11167.5. A representative of the school shall inform a member
of the staff so selected by a child of the requirements of this
section prior to the interview. A staff member selected by a child
may decline the request to be present at the interview. If the staff
person selected agrees to be present, the interview shall be held at
a time during school hours when it does not involve an expense to the
school. Failure to comply with the requirements of this section does
not affect the admissibility of evidence in a criminal or civil
proceeding.
(b) The Superintendent of Public Instruction shall notify each
school district and each agency specified in Section 11165.9 to
receive mandated reports, and the State Department of Social Services
shall notify each of its employees who participate in the
investigation of reports of child abuse or neglect, of the
requirements of this section.