Untitled California Attorney General Opinion

BACKGROUND

Statutory Framework

The Child Abuse and Neglect Reporting Act (“CANRA” or “Act”) is a comprehensive statutory scheme designed to prevent and remediate child abuse and neglect by mandating that certain classes of individuals report instances of known or suspected child abuse or neglect. 2 The Act reflects the state’s compelling interest in preventing child abuse and is “premised on the belief that reporting suspected abuse is fundamental to protecting children.” 3 Its objective is “to identify victims, bring them to the attention of the authorities, and, where warranted, permit intervention.” 4 At the same time, persons investigating cases of suspected abuse must “consider the needs of the child victim and . . . do whatever is necessary to prevent psychological harm to the child victim.”

The question presented here focuses on those whom the Act designates as mandated reporters for known or suspected “commercial sexual exploitation” of children. CANRA defines “child abuse or neglect” to include the sexual abuse of a child, which in turn means sexual assault, sexual exploitation, or commercial sexual exploitation of a child. 6 The commercial sexual exploitation of a…