Does a minor have a constitutional privacy right to refuse to report to child protective agencies of a suspected violation of section 288 of the California Child Protection Act?

California, United States of America


The following excerpt is from People ex rel. Eichenberger v. Stockton Pregnancy Control Medical Clinic, Inc., 203 Cal.App.3d 225, 249 Cal.Rptr. 762 (Cal. App. 1988):

We have no doubt that the reporting to a child protective agency of a suspected violation of subdivision (a) of section 288, a felony, serves both a compelling state interest and also a significant state interest not present in the case of an adult. One compelling state interest is the apprehension of the perpetrator of a felony offense. A significant state interest not present in the case of an adult is the detection and prevention of child abuse. [203 Cal.App.3d 242] (People v. Stritzinger (1983) 34 Cal.3d 505, 512, 194 Cal.Rptr. 431, 668 P.2d 738.) We therefore conclude minors' federal or state constitutional privacy rights are not violated by reporting to a child protective agency as required by the Act. (See People v. Younghanz (1984) 156 Cal.App.3d 811, 816-817, 202 Cal.Rptr. 907.)

Other Questions


When a public entity denies a minor's application for leave to present a late claim under section 911.6(b)(2) of the California Child Protection Act, does the minor have to file a petition under section 946.6 to challenge the denial? (California, United States of America)
Is section 28, subdivision (d) of the California Constitution harmonized with section I, article I, section 15 of the constitution with respect to self-incrimination? (California, United States of America)
Does the Attorney General's opinion that a professional must report non-abusive behavior to a minor violate the child abuse victim's right to privacy? (California, United States of America)
Does the application of "ordinary rules of evidence" such as section 352 of California Evidence Code section 352 violate a defendant's constitutional rights? (California, United States of America)
Is a defendant's reliance on evidence code section 730 of the Evidence Code Section 730 a violation of his constitutional right to access a mental health expert? (California, United States of America)
Is an invasion of privacy a violation of the state constitutional right to privacy if the invasion is justified by a competing interest? (California, United States of America)
What is the test for equal protection under section 7 of the California Constitution when a convicted sex offender has been found to have been "friendly" with a child before committing a crime? (California, United States of America)
How have courts treated section 827, subd. E. of the California Child Protection Act when dealing with an allegation of sexual assault involving a minor? (California, United States of America)
Does section 11350 of the California Criminal Code, section 11352 of the Controlled Drugs Act, violate the equal protection clause? (California, United States of America)
Can a defendant be convicted of violating section 148(a)(1) of the California Civil Code of Civil Procedure if the jury found a completed violation of section 148 prior to the officers' use of excessive force? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.