Legal Question in Constitutional Law in California

mandated reporting and the 5th Amendment

If a working professional is mandated by law to report child abuse/neglect to law enforcement, but the professional is actually the suspect committing the crime, wouldn't that be a violation of his/her 5th Amendment right? Isn't that basically mandating the professional to provide law enforcement with self-incriminating statements?


Asked on 7/23/07, 6:53 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: mandated reporting and the 5th Amendment

Yes, the 5th Amendment applies, but, if this describes your situation, I would urge you to quit abusing children or take action to remove yourself from proximity to children.. I would also urge you to seek professional help, but, of course, the therapist would also be a mandated reporter and would have to rat you out to the authorities. Maybe you could seek professional help anonymously, in cash, and/or in another jurisdiction.

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Answered on 7/23/07, 9:55 am


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