There are many reasons why a mother can lose custody of her child or children, and all of them are serious grounds. However, these allegations are not taken lightly, and the burden of proof lies in the party seeking custody reversal.

Still, some mothers have had their custodial rights revoked because they made the mistake of committing any of these transgressions.

1. Child abuse 

A mother who is proven to have physically and or psychologically abused her children is highly likely to lose custody of her children. Examples of physical abuse include hitting, kicking, scratching, biting, burning, physical torture, sexual abuse, or any other type of injury inflicted on the child by the mother.

Psychological, emotional, or verbal abuse is usually manifested in many ways, including the following:

• Rejecting the child or making them feel worthless or useless
• Demeaning, ridiculing, humiliating the child
• Terrorizing a child through threats of physical violence, destruction of their possessions, or abandonment
• Isolating a child or preventing them from socializing with others
• Exploiting, manipulating, or corrupting a child or encouraging them to engage in deviant or inappropriate behavior
• Ignoring or being indifferent to the child

Note that even if a child is unable to articulate the psychological abuse, child psychologists, social workers, and other experts also look for social and behavioral signs of abuse. These include problems in school, sleep and or eating disorders, depression, anxiety, anger management problems, and rebellious behavior.

When the court receives sufficient evidence of a mother’s abusive conduct, it is authorized to change current custody arrangements if doing so will be in the children’s best interests.

2. Violence at home

If it is reported that the mother is abusing other members of the household (not the children), she can still lose her custodial rights.

Domestic violence is not something children should be exposed to, as this can harm their psychological development. Moreover, domestic abuse can escalate anytime, thereby exposing the children to potential harm. So if the mother is proven to engage in such abuse, she can have her custody revoked.

3. Fabricating lies about abuse

A mother making false allegations of abuse against the other parent can lose custody if it is proven that the accusations are all fabricated. It will be much worse if it is discovered that she used her children to deceive whoever has investigated her allegations, as well as the lawyers and the court. This could lead to not only the loss of a mother’s right to custody but also visitation rights.

4. Serious neglect

Neglecting to provide the basic needs of your child, including access to health and education, is also a ground your ex can use to reverse the court’s decision to grant you custody.

Child neglect is actually a form of abuse, and it encompasses other things like:

• Not providing shelter
• Not keeping your child clean and well-groomed
• Not supervising your child
• Not taking your child to important scheduled appointments

Children who are left to their own devices become unduly exposed to danger or threats to their safety. They can contract a disease and are also at a higher risk of developing mental illness.

Here, you need to remember that minor or rare infractions, such as being late to pick the children up from school or not being able to keep a routine doctor’s appointment, won’t automatically lead you to lose custody. These things can happen to anyone, and the court understands this. Long-term, consistent neglect is something else, and if it threatens your children’s well-being, the court can intervene.

5. Severe mental health issues

Mothers (or parents in general) who have mental health issues are not automatically disqualified from having custody of their children. However, according to Mental Health America: “Custody loss rates for parents with mental illness range as high as 70-80 percent, and a higher proportion of parents with serious mental illnesses lose custody of their children than parents without mental illness.”

Then again, the other parent needs to provide the court sufficient proof showing that the mother’s mental state or psychological issues compromise the safety of their children. Also, since matters like these are sensitive and grave, the court may require parents to undergo psychological testing, as well as counseling and interviews by experts, before making any decision.

6. Drug and alcohol abuse

A mother who is proven to have demonstrated a dependency on prohibited substances or drugs and or alcohol runs the risk of getting her custody and visitation rights revoked. If a mother has these addictions, it puts to question her fitness and ability to care for their children. Moreover, children of drug addicts and or alcoholics have a higher risk of suffering from neglect, being abused, and imitating their parent’s behavior by picking up similar bad habits.

If a mother is suspected of substance abuse, the courts might require her to undergo drug testing. Although failing a drug test may not automatically rescind her custodial rights, it would likely influence the court’s final decision.

7. Parental alienation

In California, children are encouraged by law to have regular and frequent contact with both their parents in a process called co-parenting. In such cases where parents share visitation and custody rights, they are legally bound to follow the custody arrangement.

Mothers who attempt to damage the image of their ex-partner or co-parent, or who physically withhold the kids from the other parent are guilty of parental alienation.

Making derogatory or degrading comments about their co-parent to turn the children against the other parent is simply unacceptable behavior. A mother who makes a habit of setting important appointments or trips that lead to the father not being with his children on their scheduled time together can also be accused of causing parental alienation.

If the father keeps detailed notes of those instances where the mother finds ways to sabotage his supposed time together with their children, these can be used as evidence against her. So, mothers (or fathers) guilty of committing these things could have their visitation and custodial rights limited.

8. Failure to commit to parental responsibilities

A mother could have her children’s welfare at heart and may genuinely want to raise her children. However, if she is always away (even on business), working multiple jobs, in military service, or engaged in anything that takes away precious time from her children, it can put her custodial rights at risk.

A father in a custody battle can use this as a weapon against the mother to gain custody of their children. Since family courts are primarily concerned with ensuring the children’s interests are protected, they would prefer to award or transfer custody to the parent who will be there for the kids.

Therefore, if you are in a similar situation, you need to speak to an attorney and make changes to your lifestyle or work arrangements. Do this before things get out of hand and your custody gets challenged.

9. Court order violations

A mother can violate a court order in different ways, and the consequence of any violation can lead to the withholding of her custodial rights. Such violations can be in the form of abuse and neglect of the children.

If the court orders a shared custody agreement where she and her co-parent have equal custody and visitation rights, and she fails to comply or interferes with the parenting time, she is considered to be in violation of the court order.

When a mother exhibits nonconforming behavior or shows herself to be unfit to care for and protect her children, she may lose whatever custodial and visitation rights she has.

Tips to Strengthen Your Case

As a mother who has fought hard to keep her children with her, you need to ensure you are not guilty of any of the aforementioned grounds that could lead you to lose custody. However, being an exemplary mother does not mean you’ll be immune from your ex’s attempts to fight for custody.

Good thing, though, the burden of proof is on him. And if he is fighting for custody out of spite, he may end up sabotaging his own claims and helping you build your case.

To ensure you are armed with important knowledge, be aware of these factors that can weaken the other parent’s case against you during a custody battle:

• Being overly emotional or violent. If your children’s father repeatedly hurls insults or engages in angry tirades against you, or worse, is unable to control his anger during proceedings when he files a custody claim, he’ll be doing himself more damage. If you keep a record of these outbursts and you have witnesses to back you up, the court would question his fitness to be a parent. This can weaken his case against you significantly.
• Repeatedly filing complaints. Your ex could resort to filing cases against you just to stress you, disrupt your life, or generally make a nuisance of himself. However, this won’t be lost on the police or the courts, as investigations will be conducted whenever he files a case. If all the cases he files end up getting dismissed for lack of evidence, it could erode your ex’s credibility.
• Not being able to provide sufficient proof to back his claims. Again, challenges to custody arrangements require the one making a claim to provide adequate evidence. If your ex is repeatedly unable to provide the necessary documents, police or court reports, or to file the paperwork needed to show the legitimacy of his claims, the court could just ignore his request.

However, you should never underestimate your ex and must be prepared to defend your right to custody. This is why it is important to have a legal advisor who can provide you the guidance you need.

Partnering with an experienced family lawyer can give you the confidence that someone is checking on the legitimacy of your ex’s claims and the soundness of the paperwork they are providing the court, if it ever comes to that.

Don’t Lose Custody of Your Children

Even if you have gained custody of your children, it doesn’t mean that the court decision that favors you is irreversible. Therefore, it is important for you to never commit any of the mistakes mothers who’ve lost custody have made. And even then, nothing can stop a spiteful, determined ex from attempting to gain custody of your children.

However, if you’ve been doing your utmost to be a good parent and you aren’t guilty of any type of abuse or neglect, then you are on the right side of the law.

If the father does make a claim and files a case, you need to be ready.

Therefore, you need to ensure you choose the right family lawyer who has experience in these kinds of cases, understands your situation, and can provide support and legal guidance throughout.

cited Heath Baker Law.

What are the top 6 reasons a mother can lose a custody battle?

First, there are two things you should know.

1. This article is about a mother’s serious misconduct that should cause her to lose custody. It is not about how a father should engage in unnecessary or unreasonable litigation conduct.
2. This is also for fathers who have the courage to litigate the child custody case. A goal without a plan is a wish. If you “wish” to make changes, but will not follow through to do it, you are wasting your time reading this article.

If you have the ability and courage to expose the mother’s misconduct in family court and make positive changes in your child’s life, you are in the right place.

 

Mother’s Physical Abuse of Child	Mother’s Physical Abuse of the Father	Mother’s Emotional Abuse of Child
Mother’s Neglect of Child’s Needs	Frustration of Father’s Custody	Mother’s Violation of Court Order
	Steps to Gain Sole Custody of a Child

https://youtu.be/326lMwMlbkk

cited https://law.justia.com/codes/california/2021/code-fam/division-10/part-1/section-6203/

 

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Sanctions and Attorney Fee Recovery for Bad Actors

FAM § 3027.1 – Attorney’s Fees and Sanctions For False Child Abuse Allegations – Family Code 3027.1 – Click Here

FAM § 271 – Awarding Attorney Fees– Family Code 271 Family Court Sanction Click Here

Awarding Discovery Based Sanctions in Family Law Cases – Click Here

FAM § 2030 – Bringing Fairness & Fee Recovery – Click Here

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Abuse & Neglect – The Reporters  (Police, D.A & Medical & the Bad Actors)

If You Would Like to Learn More About: The California Mandated Reporting Law Click Here

To Read the Penal Code § 11164-11166 – Child Abuse or Neglect – California Penal Code 11164-11166

Article 2.5. Child Abuse and Neglect Reporting Act (CANRA) Click Here

Download the Mandated Reporter form below click link

Mandated Reporter FORM SS 8572.pdf – The Child Abuse

ALL POLICE CHIEFS, SHERIFFS AND COUNTY WELFARE DEPARTMENTS

INFORMATION BULLETIN click here Officers and DA’s  for (Procedure to Follow)

It Only Takes a Minute to Make a Difference in the Life of a Child

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Discovery Abuse

Our blog for this week discusses discovery abuse. “Discovery” is the stage in a lawsuit where parties to a case have a right to obtain evidence from opposing parties and third parties which supports their claims and defenses. “Discovery abuse” occurs when the discovery process is wrongfully undermined. For example, in a case involving an injury sustained during a car accident, the plaintiff (the party bringing the lawsuit) may seek to obtain dash-cam footage from the defendant’s car which shows that the defendant ran a red light before crashing into and injuring the plaintiff. Setting aside any fifth amendment self-incrimination issues, if the lawyer for the defendant’s insurance company in that case refused to allow the plaintiff’s attorney to access the video footage, the defendant’s attorney might be said to have committed discovery abuse.

In our earlier blog article, “How To Compel Discovery In North Dakota,” we discussed what can be done to address and correct discovery abuses when they happen in litigation. You can read about that here. In this blog post, we discuss the significance of discovery abuse and go over some ways in which it can manifest itself.

The Significance Of Discovery Abuse

The topic of discovery abuse is significant both as it may relate to a particular lawsuit in question and also with respect to the implications it can have on justice at large. Our system of justice in the United States is described as an “adversarial legal system.” Adversarial legal systems are features of common law countries and are characterized by self-driven advocacy before a neutral and largely passive judge and jury. Unlike in civil law systems, where the judge may interview witnesses and serve as an “inquisitor,” in adversarial legal systems, the judge plays a minimal role in obtaining the evidence and facts of the case. This is how it usually works, despite what we may have seen on TV.

Because the judge plays a neutral role in the common law system, the burden of finding the truth largely rests with the parties’ attorneys in the case. Pursuant to North Dakota Rule of Civil Procedure 26(b)(1)(A), parties may obtain discovery from an adverse party regarding any nonprivileged (not otherwise protected by law) matter that is relevant to any party’s claim or defense. At the same time, attorneys must be zealous advocates for their clients, fully devoted to advancing their clients’ interests. See N.D.R. Prof. Conduct 1.3 cmt. 1 (“A lawyer should pursue a matter on behalf of a client despite opposition, obstruction or personal inconvenience to the lawyer, and take whatever lawful and ethical measures are required to vindicate a client’s cause or endeavor. A lawyer must also act with commitment and dedication to the interests of the client and with zeal in advocacy upon the client’s behalf.”).

So what happens when the truth is damaging to one of the parties; what happens, for example, when the dash-cam video shows that the light was red? This is where discovery abuse comes into play. Make no mistake: litigation is a fight, but it is not a game. As noted by the Court in Haeger v. Goodyear Tire & Rubber Co., 906 F. Supp. 2d 938, 941 (D. Ariz. 2012), “[l]itigation is not a game. It is the time-honored method of seeking the truth, finding the truth, and doing justice.” Discovery abuse might be likened to a situation where one party refuses to fight fairly. And where discovery is abused, justice is thwarted.

Some Typical Forms Of Discovery Abuse And Rule Violations

Discovery abuse oftentimes arises during written discovery. Written discovery refers to discovery that is achieved by way of written prompts served on an adverse party to a lawsuit. The most common forms of written discovery are interrogatories, requests for production, and requests for admission.

Interrogatories are written questions sent by one party to an adverse party and are governed by North Dakota Rule of Civil Procedure 33. Requests for production are written requests by a party to an adverse party asking that documents or electronically stored information be produced. They are governed by North Dakota Rule of Civil Procedure 34. Requests for admission are governed by North Dakota Rule of Civil Procedure 36 and are requests by one party to an adverse party that a factual statement be admitted as true.

In written discovery, discovery abuse can oftentimes manifest itself through boilerplate objections, as well as evasive, incomplete responses to interrogatories and requests for production.

Boilerplate Objections

Vague, repeated objections to discovery requests on the basis of “form and foundation” or on grounds that a request is “overly broad, vague, and unduly burdensome” are referred to as “boilerplate objections” and are improper under the North Dakota Rules of Civil Procedure. Grounds for objecting to interrogatories and requests for production must be stated with specificity and should not merely regurgitate stock phrases from the North Dakota Rules of Civil Procedure. For example, Rule 33(b)(4) of the North Dakota Rules of Civil Procedure requires that “the grounds for objecting to an interrogatory must be stated with specificity,” and Rule 34(b)(2)(B) provides that “for each item or category, the response must . . . state with specificity the grounds for objecting to the request.”

Courts have repeatedly held that boilerplate objections are improper and have stricken them accordingly. Just a few examples of Courts treating boilerplate objections with disdain include: Kooima v. Zacklift Intern., Inc., 209 F.R.D. 444, 446, 53 Fed. R. Serv. 3d 1315 (D.S.D. 2002) (noting that “boilerplate objections are unacceptable”); Frontier-Kemper Constructors, Inc. v. Elk Run Coal Co., Inc., 246 F.R.D. 522, 528 (S.D.W.Va.2007) (commenting that “there is abundant caselaw to the effect that boilerplate objections to Rule 34 document requests are inappropriate.”); and Perez Librado v. M.S. Carriers, Inc., 2003 WL 21075918 (N.D. Tex. 2003) (concluding that “a mere statement by a party that an interrogatory is overly broad, burdensome, oppressive and irrelevant is not adequate to voice a successful objection. Broad-based, non-specific objections are almost impossible to assess on their merits, and fall woefully short of the burden that must be borne by a party making an objection to an interrogatory or document request.”).

In one case, St. Paul Reinsurance Co., Ltd. v. Commercial Fin. Corp., 198 F.R.D. 508 (N.D. Iowa 2000), the Court crafted a special sanction for Counsel due to the boilerplate objections asserted in discovery, requiring that the lawyer write an article explaining why the objections were improper and submit it to the New York and Iowa Bar Journals. Other Courts have not been so kind, awarding severe monetary sanctions. Haeger, 906 F. Supp. 2d at 982. North Dakota Courts have a significant amount of discretion when choosing to award discovery sanctions. Benedict v. St. Luke’s Hosps., 365 N.W.2d 499, 504 (N.D. 1985).

Continuing with our previous example, let’s assume that the civil defendant is in possession of the dash-cam video footage of the accident and the plaintiff propounds the following interrogatory, receiving the following objection in response:

Interrogatory Number 1:

Please state whether you had any dash-cam or other video recording device in your vehicle at the time of the crash which captured footage of the accident.

Objection:

Objection to form and foundation. This request is overly broad, vague, unduly burdensome, and seeks information not reasonably calculated to lead to the discovery of admissible evidence. This request also seeks information protected by attorney-client privilege, and attorney work product.

Here, we can see that the plaintiff is seeking to obtain discovery regarding factual matter that is relevant to his negligence claim. To succeed in his negligence claim, the plaintiff must prove by a preponderance of the evidence that the defendant caused him harm by breaching a legal duty the defendant owed the plaintiff. If the defendant has video footage of the accident which helps the plaintiff show that the defendant breached his duty of care, the defendant must state as much in response to plaintiff’s request. As a result, in the first instance, the plaintiff’s discovery request is proper under North Rule Dakota Rule of Civil Procedure 26(b)(1)(A).

Second, we can see that the defendant has offered the plaintiff a boilerplate, obstructionist objection in response to the plaintiff’s legitimate request—on the basis of form, foundation, breadth, relevance, privilege, and work product. Contrary to Rule 33(b)(4), the defendant’s objection has not been stated with specificity. How is the discovery request overly broad? How would it be unduly burdensome for the defendant to state whether it possesses this video footage? The defendant has not provided any such information. Indeed, the plaintiff’s attorney is asking for nothing more than a simple statement.

With respect to the objection based on privilege and attorney work product, the defendant’s objection again falls short of what is required by the North Dakota Rules of Civil Procedure. Under Rule 26(b)(5)(A), as in this example, when a defendant withholds information that is otherwise discoverable by claiming that it is privileged or protected as attorney work product, the defendant must provide a description of the nature of the information in a manner that will allow the plaintiff to assess the claim. The North Dakota Supreme Court, in St. Alexius Med. Ctr. v. Nesvig, 2022 ND 65, ¶ 17, reiterated that “[t]he party claiming the privilege and desiring to exclude the evidence has the burden to prove the communications fall within the terms of the statute or rule granting the privilege.” Again, the defendant has provided nothing. This exemplifies a form of discovery abuse, even if it may be relatively common.

Evasive, Incomplete Responses

As with boilerplate objections, evasive, incomplete responses to discovery requests are improper under the North Dakota Rules of Civil Procedure, and can be forms of discovery abuse. In Voracheck v. Citizens State Bank of Lankin, 421 N.W.2d 45, 51 (N.D. 1988), the North Dakota Supreme Court noted that, with respect to discovery, even substantial compliance is not enough. Instead, complete and accurate compliance is required:

A party is not at liberty to “pick and choose” what information will be provided and what information will be withheld. Selective, substantial compliance is not enough; complete, accurate, and timely compliance is required by the rules. If a party were allowed to withhold certain information because it had provided some of the requested information, the discovery process would be rendered useless.

Rule 37(a)(4) of the North Dakota Rules of Civil Procedure provide that “an evasive or incomplete answer or response must be treated as a failure to answer or respond.” Similarly, under Rule 26(e)(1), where a party has become aware that a discovery response is incomplete or incorrect, that party must supplement or correct it.

Continuing with our previous example, let’s assume that the civil defendant decides, instead of fully answering the interrogatory, to merely state either that “this answer may be supplemented” or that “discovery is continuing.” These are, once again, relatively common discovery responses in litigation, but nonetheless can serve as forms of discovery abuse. North Dakota Rule of Civil Procedure 33(b)(3) requires that each interrogatory, to the extent that it is not objected to, be answered fully and in writing. Answering only that “discovery is continuing” or “this answer may be supplemented” are failures to respond to discovery. See also Carolina Cas. Ins. Co. v. Oahu Air Conditioning Serv., Inc., No. 2:13-CV-01378-WBS-AC, 2014 WL 4661979, at *4 (E.D. Cal. Sept. 17, 2014) (finding the response “discovery is continuing” insufficient and granting motion to compel); Azer v. Courthouse Racquetball Corp., 852 P.2d 75, 84 (Haw. Ct. App. 1993) (concluding that the response “discovery is continuing” was a failure to answer under Rule 37(a)(3)); K.R.S. v. Bedford Cmty. Sch. Dist., No. 4:13-CV-00147-HCA, 2014 WL 11513167, at *4 (S.D. Iowa Dec. 15, 2014) (“this response may be supplemented,” is improper, vague, boilerplate language that must be supplemented).

Conclusion

Discovery abuse is serious and thwarts the truth-finding process required for our common law legal system to produce just outcomes. The duty to make diligent efforts to respond completely to the substance of discovery does not stop with the North Dakota Rules of Civil Procedure. Rule 3.4 of the North Dakota Rules of Professional Conduct states, in subsection a, that “[a] lawyer shall not . . . unlawfully obstruct another party’s access to evidence,” and in subsection d provides that “[a] lawyer shall not . . . fail to make reasonably diligent efforts to comply with a legally proper discovery request by an opposing party.” As officers of the Court, lawyers have a duty to help ensure the integrity of the legal system, and that duty becomes especially evident in discovery.

In this blog article, we’ve discussed why discovery abuse is important, and gone over some examples of how it can manifest itself. The information contained in this article and on this website is for informational purposes only and not for the purpose of providing legal advice. Each case is different, and this article is meant only to provide a brief summary of the law. You should contact an attorney to obtain advice with respect to your particular case.

cited https://www.swlattorneys.com/discovery-abuse/

Discovery Abuse – What To Do When Defendants Withhold Applicable Insurance Policies

Withholding Information on Documents from Discovery Requests

The obvious question then becomes: what happens if the opposing party withholds discoverable information—such as an insurance policy?

The existence of an insurance policy can be key information in determining the defendant’s ability to pay a judgment or settlement based on the merits of the case.  Namely, an insurer has a duty to defend claims against one of their insured and the existence of a liability insurance policy may be the difference between the injured party being able to recover damages or not.

When one of the parties does not cooperate with discovery requests or fails to answer the requests thoroughly, the opposing party has a few avenues for redress.  The first is to “meet and confer.” This method is an informal attempt to resolve discovery disputes before the parties involve the court.  The purpose is to save the parties time and money and increase the judicial economy by encouraging a resolution of disputes without the need for court intervention.  If this is unsuccessful because one party contends certain information is not discoverable, the complaining party may then file a motion to compel discovery with the court.

What is a Motion to Compel?

A motion to compel operates as a formal request for the court to require the non-producing party to comply with the discovery requests. This is done by requiring that the offending party must produce whatever information they have withheld.  The party filing this motion must prove that they have requested discoverable and relevant information that was withheld.  The court, after hearing evidence of one party’s attempts to get discoverable information and the other party’s refusal or neglect to provide, will determine whether the non-producing party is abusing the discovery process and may compel that party to produce discoverable information—such as an applicable insurance policy.  A determination that the withholding of information is proper ends the conflict; however, a determination that the withheld information was discoverable results in a granted motion to compel, and nonadherence to this ruling results in court-imposed sanctions against the nonadherent party.

Court Sanctions

Determining that the non-producing party has abused discovery can lead to sanctions by the court that takes various forms.  One method of sanctioning the non-producing party is to award the party seeking discoverable information reasonable attorney’s fees to compensate them for the time they spent preparing pleadings and spending time compelling the information.  Other sanctions include disallowing further discovery of a particular kind by the disobedient party, an order refusing the disobedient party from supporting or opposing designated claims or defenses, or an order staying the proceedings until the order is obeyed.  These sanctions handicap the disobedient party’s ability to conduct cost-effective cases and place them in a position where they are unable to conclude a case for their client until they comply.

In the end, the legal community is tight-knit.  Withholding pertinent information from opposing counsel will not get anyone very far, and the risks far outweigh the reward.  In that a liability insurance policy is withheld, there are safeguards in place to ensure that counsel acting in bad faith through withholding such information is held accountable and forced to comply—or face sanctions by the court. cited https://wattsguerra.com/discovery-abuse-what-to-do-when-defendants-withhold-applicable-insurance-policies/

National District Attorneys Association puts out its standards
National Prosecution Standards – NDD can be found here

The Ethical Obligations of Prosecutors in Cases Involving Postconviction Claims of Innocence

Prosecutor’s Duty Duty to Disclose Exculpatory Evidence Fordham Law Review PDF

Chapter 14 Disclosure of Exculpatory and Impeachment Information PDF

Journal of Forensic & Investigative Accounting

Fighting Discovery Abuse in Litigation

GRANDPARENT CASE LAW 

Do Grandparents Have Visitation Rights? If there is an Established Relationship then Yes

Third “PRESUMED PARENT” Family Code 7612(C) – Requires Established Relationship Required

Cal State Bar PDF to read about Three Parent Law –
The State Bar of California family law news issue4 2017 vol. 39, no. 4.pdf

Distinguishing Request for Custody from Request for Visitation

Troxel v. Granville, 530 U.S. 57 (2000) – Grandparents – 14th Amendment

S.F. Human Servs. Agency v. Christine C. (In re Caden C.)

9.32 Particular Rights – Fourteenth Amendment – Interference with Parent / Child Relationship

Child’s Best Interest in Custody Cases

When is a Joinder in a Family Law Case Appropriate? – Reason for Joinder

Joinder In Family Law Cases – CRC Rule 5.24

GrandParents Rights To Visit
Family Law Packet OC Resource Center
Family Law Packet SB Resource Center

Motion to vacate an adverse judgment

Mandatory Joinder vs Permissive Joinder – Compulsory vs Dismissive Joinder

When is a Joinder in a Family Law Case Appropriate?

Kyle O. v. Donald R. (2000) 85 Cal.App.4th 848

Punsly v. Ho (2001) 87 Cal.App.4th 1099

Zauseta v. Zauseta (2002) 102 Cal.App.4th 1242

S.F. Human Servs. Agency v. Christine C. (In re Caden C.)

Ian J. v. Peter M

Can I Use Text Messages in My California Divorce?

Two-Steps And Voila: How To Authenticate Text Messages

How Your Texts Can Be Used As Evidence?

California Supreme Court Rules:
Text Messages Sent on Private Government Employees Lines
Subject to Open Records Requests

case law: City of San Jose v. Superior Court – Releasing Private Text/Phone Records of Government  Employees

Public Records Practices After the San Jose Decision

The Decision Briefing Merits After the San Jose Decision

Here is the Public Records Service Act Portal for all of CALIFORNIA Click Here

Rules of Admissibility – Evidence Admissibility

Confrontation Clause – Sixth Amendment

Exceptions To The Hearsay Rule – Confronting Evidence

Prosecutor’s Obligation to Disclose Exculpatory Evidence

Successful Brady/Napue Cases – Suppression of Evidence

Cases Remanded or Hearing Granted Based on Brady/Napue Claims

Unsuccessful But Instructive Brady/Napue Cases

ABA – Functions and Duties of the Prosecutor – Prosecution Conduct

Frivolous, Meritless or Malicious Prosecution – fiduciary duty

Facts

Rule of Law

Issue

Holding and Reasoning (White, J.)

Concurrence (Blackmun, J.)

Dissent (Rehnquist, J.)

Delaware v. Prouse, 440 U.S. 648 (1979)

Delaware v. Prouse, 440 U.S. 648, was a United States Supreme Court case in which the Court held that police may not stop motorists without any reasonable suspicion to suspect crime or illegal activity to check their driver’s license and auto registration.

U.S. Supreme Court

Delaware v. Prouse, 440 U.S. 648 (1979)

Delaware v. Prouse

No. 77-1571

Argued January 17, 1979

Decided March 27, 1979

440 U.S. 648

Syllabus

A patrolman in a police cruiser stopped an automobile occupied by respondent and seized marihuana in plain view on the car floor. Respondent was subsequently indicted for illegal possession of a controlled substance. At a hearing on respondent’s motion to suppress the marihuana, the patrolman testified that, prior to stopping the vehicle, he had observed neither traffic or equipment violations nor any suspicious activity, and that he made the stop only in order to check the driver’s license and the car’s registration. The patrolman was not acting pursuant to any standards, guidelines, or procedures pertaining to document spot checks, promulgated by either his department or the State Attorney General. The trial court granted the motion to suppress, finding the stop and detention to have been wholly capricious, and therefore violative of the Fourth Amendment. The Delaware Supreme Court affirmed.

Held:

1. This Court has jurisdiction in this case even though the Delaware Supreme Court held that the stop at issue not only violated the Federal Constitution but also was impermissible under the Delaware Constitution. That court’s opinion shows that, even if the State Constitution would have provided an adequate basis for the judgment below, the court did not intend to rest its decision independently on the State Constitution, its holding instead depending upon its view of the reach of the Fourth and Fourteenth Amendments. Pp. 440 U. S. 651-653.

2. Except where there is at least articulable and reasonable suspicion that a motorist is unlicensed or that an automobile is not registered, or that either the vehicle or an occupant is otherwise subject to seizure for violation of law, stopping an automobile and detaining the driver in order to check his driver’s license and the registration of the automobile are unreasonable under the Fourth Amendment. Pp. 440 U. S. 653-663.

(a) Stopping an automobile and detaining its occupants constitute a “seizure” within the meaning of the Fourth and Fourteenth Amendments, even though the purpose of the stop is limited and the resulting detention quite brief. The permissibility of a particular law enforcement practice is judged by balancing its intrusion on the individual’s Fourth Amendment interests against its promotion of legitimate governmental interests. Pp. 440 U. S. 653-655.

Page 440 U. S. 649

(b) The State’s interest in discretionary spot checks as a means of ensuring the safety of its roadways does not outweigh the resulting intrusion on the privacy and security of the persons detained. Given the physical and psychological intrusion visited upon the occupants of a vehicle by a random stop to check documents, cf. United States v. Brignoni-Ponce, 422 U. 3. 873; United States v. Martinez-Fuerte, 428 U. S. 543, the marginal contribution to roadway safety possibly resulting from a system of spot checks cannot justify subjecting every occupant of every vehicle on the roads to a seizure at the unbridled discretion of law enforcement officials. Pp. 440 U. S. 655-661.

(c) An individual operating or traveling in an automobile does not lose all reasonable expectation of privacy simply because the automobile and its use are subject to government regulation. People are not shorn of all Fourth Amendment protection when they step from their homes onto the public sidewalk; nor are they shorn of those interests when they step from the sidewalks into their automobiles. Pp. 440 U. S. 662-663.

(d) The holding in this case does not preclude Delaware or other States from developing methods for spot checks that involve less intrusion or that do not involve the unconstrained exercise of discretion. Questioning of all oncoming traffic at roadblock-type stops is one possible alternative. P. 440 U. S. 663.

382 A.2d 1359, affirmed.

WHITE, J., delivered the opinion of the Court, in which BURGER, C.J., and BRENNAN, STEWART, MARSHALL, BLACKMUN, POWELL, and STEVENS, JJ., joined. BLACKMUN, J., filed a concurring opinion, in which POWELL, J., joined, post, p. 440 U. S. 663. REHNQUIST, J., filed a dissenting opinion, post, p. 440 U. S. 664.

Page 440 U. S. 650

cited https://supreme.justia.com/cases/federal/us/440/648/

Some people have a legal duty to report suspected or actual cases of child abuse or neglect under California’s Mandatory Reporting Laws (Penal Code sections 11164-11173.4). A mandatory reporter does not have to actually witness a child being abused or neglected. Rather, a “reasonable suspicion” from other sources that child abuse or neglect has occurred is enough to trigger this responsibility.

Mandatory reporters are defined under Penal Code section 11165.7, and include over 40 different professionals, such as:

• Teachers;
• School administrators;
• Administrators of youth centers and activities;
• Medical care professionals (doctors, nurses, emergency medical technicians, etc.);
• Law enforcement officers;
• Social workers;
• Clergy members, outside of a “penitential communication” (confession);
• Firefighters;
• Therapists; and
• Computer technicians.

California law broadly covers instances of child abuse and neglect, including but not limited to:

• Any sexual abuse of a minor, no matter how slight, whether over or under the clothes;
• Sexual exploitation;
• Child endangerment;
• Physical injury, such as:
  • Hitting;
  • Kicking;
  • Throwing harmful objects or substances; and
  • Pulling hair;
• Verbal abuse;
• Failure to provide adequate food, clothing, shelter, medical attention and education; and
• Emotional abuse or neglect.

A mandatory reporter must file a complaint of suspected or actual child abuse or neglect with an appropriate law enforcement or child support services agency within 36 hours of discovery. Failure to fulfill this legal duty to report, or impeding someone from doing so is a crime in itself and may be charged as a misdemeanor.

If you are convicted of failure to fulfill a legal duty as a mandatory reporter, you can be fined up to $1,000 and/or sentenced to serve up to six months in jail. If you willfully prevent someone from filing a mandatory report, you can be punished by a maximum $5,000 fine, a one-year jail sentence, or both.

Failure To Report A Crime Under Federal Law (18 U.S.C. Section 4)

Federal law prohibits concealing information about specific crimes. Under 18 United States Code, Section 4, you may be obligated to report a crime if you are directly asked during a criminal investigation whenever:

• You have knowledge of the commission of a felony;
• The felony actually occurred; and
• The felony is a federal offense;

If you willfully conceal the commission of a felony federal offense, you can be charged with “misprision of a felony.” Misprision of a felony is a form of obstruction of justice. If you are convicted, you face up to a $250,000 fine, imprisonment up to three years, or both fine and imprisonment. source

Learn more about what you may be getting into by not reporting:

Aiding And Abetting A Crime (Penal Code Section 31)

Penal Code § 11164-11166 – Child Abuse or Neglect – California Penal Code 11164-11166

Article 2.5. Child Abuse and Neglect Reporting Act (CANRA)

If You Would Like to Learn More About: The California Mandated Reporting Law Click Here

Child Abuse and Neglect Reporting Act (CANRA)

California Penal Code Sections 11164-11174.3
Article 2.5. Child Abuse and Neglect Reporting Act (CANRA)

11164.

• (a) This article shall be known and may be cited as the Child Abuse and Neglect Reporting Act.
• (b) The intent and purpose of this article is to protect  children from abuse and neglect. In any investigation of suspected child abuse or neglect, all persons participating in the investigation of the case shall consider the needs of the child victim and shall do whatever is necessary to prevent psychological harm to the child victim.

11165. As used in this article “child” means a person under the age of 18 years.

11165.1. As used in this article, “sexual abuse” means sexual assault or sexual exploitation as defined by the following:

• (a) “Sexual assault” means conduct in violation of one or more of the following sections:  Section 261 (rape), subdivision (d) of Section 261.5 (statutory rape), 264.1 (rape in concert), 285 (incest), 286  (sodomy),    subdivision (a) or (b), or paragraph (1) of subdivision (c) of Section 288 (lewd or lascivious acts upon a child), 288a (oral copulation), 289 (sexual penetration), or 647.6 (child molestation).
• (b) Conduct described as “sexual assault” includes, but is not imited to, all of the following:
  • (1) Any penetration, however slight, of the vagina or anal opening of one person by the penis of another person, whether or not there is the emission of semen.
  • (2) Any sexual contact between the genitals or anal opening of one person and the mouth or tongue of another person.
  • (3) Any intrusion by one person into the genitals or anal opening of another person, including the use of any object for this purpose, except that, it does not include acts performed for a valid medical purpose.
  • (4) The intentional touching of the genitals or intimate parts (including the breasts, genital area, groin, inner thighs, and buttocks) or the clothing covering them, of a child, or of the perpetrator by a child, for purposes of sexual arousal or gratification, except that, it does not include acts which may reasonably be construed to be normal caretaker responsibilities; interactions with, or demonstrations of affection for, the child; or acts performed for a valid medical purpose.
  • (5) The intentional masturbation of the perpetrator’s genitals in the presence of a child.
• (c) “Sexual exploitation” refers to any of the following:
  • (1) Conduct involving matter depicting a minor engaged in obscene acts in violation of Section 311.2 (preparing, selling, or distributing obscene matter) or subdivision (a) of Section 311.4 (employment of minor to perform obscene acts).
  • (2) Any person who knowingly promotes, aids, or assists, employs, uses, persuades, induces, or coerces a child, or any person responsible for a child’s welfare, who knowingly permits or encourages a child to engage in, or assist others to engage in, prostitution or a live performance involving obscene sexual conduct, or to either pose or model alone or with others for purposes of preparing a film, photograph, negative, slide, drawing, painting, or other pictorial depiction, involving obscene sexual conduct. For the purpose of this section, “person responsible for a child’s welfare” means a parent, guardian, foster parent, or a licensed administrator or employee of a public or private residential home, residential school, or other residential institution.
  • (3) Any person who depicts a child in, or who knowingly develops, duplicates, prints, or exchanges, any film, photograph, video tape, negative, or slide in which a child is engaged in an act of obscene sexual conduct, except for those activities by law enforcement and prosecution agencies and other persons described in subdivisions (c) and (e) of Section 311.3.
• (d)  “Commercial sexual exploitation” refers to either of the following:
  • (1) The sexual trafficking of a child, as described in subdivision (c) of Section 236.1.
  • (2) The provision of food, shelter, or payment to a child in exchange for the performance of any sexual act described in this section or subdivision (c) of Section 236.1.(Amended by Stats. 2020, Ch. 180, Sec. 1. (AB 1145) Effective January 1, 2021.)

11165.2. As used in this article, “neglect” means the negligent treatment or the maltreatment of a child by a person responsible for the child’s welfare under circumstances indicating harm or threatened harm to the child’s health or welfare. The term includes both acts and omissions on the part of the responsible person.

• • (a) “Severe neglect” means the negligent failure of a person having the care or custody of a child to protect the child from severe malnutrition or medically diagnosed nonorganic failure to thrive. “Severe neglect” also means those situations of neglect where any person having the care or custody of a child willfully causes or permits the person or health of the child to be placed in a situation such that his or her person or health is endangered, as proscribed by Section 11165.3, including the intentional failure to provide adequate food, clothing, shelter,or medical care.
  • (b) “General neglect” means the negligent failure of a person having the care or custody of a child to provide adequate food, clothing, shelter, medical care, or supervision where no physical injury to the child has occurred. For the purposes of this chapter, a child receiving treatment by spiritual means as provided in Section 16509.1 of the Welfare and Institutions Code or not receiving specified medical treatment for religious reasons, shall not for that reason alone be considered a neglected child. An informed and appropriate medical decision made by parent or guardian after consultation with a physician or physicians who have examined the minor does
    not constitute neglect.

11165.3. As used in this article, “the willful harming or injuring of a child or the endangering of the person or health of a child,” means a situation in which any person willfully causes or permits any child to suffer, or inflicts thereon, unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of the child to be placed in a situation in which his or her person or health is endangered.
11165.4. As used in this article, “unlawful corporal punishment or injury” means a situation where any person willfully inflicts upon any child any cruel or inhuman corporal punishment or injury resulting in a traumatic condition. It does not include an amount of force that is reasonable and necessary for a person employed by or engaged in a public school to quell a disturbance threatening physical injury to person or damage to property, for purposes of self-defense, or to obtain possession of weapons or other dangerous objects within the control of the pupil, as authorized by Section 49001 of the Education Code. It also does not include the exercise of the degree of physical control authorized by Section 44807 of the Education Code. It also does not include an injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of his or her employment as a peace officer.

11165.5. As used in this article, the term “abuse or neglect in out-of-home care” includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1, neglect as defined in Section 11165.2, unlawful corporal punishment or injury as defined in Section 11165.4, or the willful harming or injuring of a child or the endangering of the person or health of a child, as defined in Section 11165.3, where the person responsible for the child’s welfare is a licensee, administrator, or employee of any facility licensed to care for children, or an administrator or employee of a public or private school or other institution or agency. “Abuse or neglect in out-of-home care” does not include an injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of his or her employment as a peace officer.

11165.6. As used in this article, the term “child abuse or neglect” includes physical injury inflicted by other than accidental means upon a child by another person, sexual abuse as defined in Section 11165.1, neglect as defined in Section 11165.2, the willful harming or injuring of a child or the endangering of the person or health of a child, as defined in Section 11165.3, and unlawful corporal punishment or injury as defined in Section 11165.4. “Child abuse or neglect” does not include a mutual affray between minors. “Child abuse or neglect” does not include an injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of his or her employment as a peace officer.

11165.7.  

• 1) A teacher.
• 2) An instructional aide.
• 3) A teacher’s aide or a teacher’s assistant employed by any public or private school.
• 4) A classified employee of any public school.
• 5) An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of any public or private school.
• 6) An administrator of a public or private day camp.
• 7) An administrator or employee of a public or private youth center, youth recreation program, or youth organization.
• 8) An administrator or employee of a public or private organization whose duties require direct contact and supervision of children.
• 9) Any employee of a county office of education or the California Department of Education, whose duties bring the employee into contact with children on a regular basis.
• 10) A licensee, an administrator, or an employee of a licensed community care or child day care facility. California Child Abuse and Neglect Reporting Law
• 11) A Head Start program teacher.
• 12) A licensing worker or licensing evaluator employed by a licensing agency as defined in P.C. 11165.11.
• 13) A public assistance worker.
• 14) An employee of a child care institution including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities.
• 15) A social worker, probation officer, or parole officer.
• 16) An employee of a school district police or security department.
• 17) Any person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in any public or private school.
• 18) A district attorney investigator, inspector, or local child support agency caseworker unless the investigator, inspector, or caseworker is working with an attorney appointed pursuant to  Section 317 of the Welfare and Institutions Code to represent a minor.
• 19) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, who is not otherwise described in P.C. 11165.7.
• 20) A firefighter, except for volunteer firefighters.
• 21) A physician, surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage, family and child counselor, clinical social worker, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code.
• 22) Any emergency medical technician I or II, paramedic, or other person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
• 23) A psychological assistant registered pursuant to Section 2913 of the Business and Professions Code.
• 24) A marriage, family and child therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code.
• 25) An unlicensed marriage, family, and child therapist intern registered under Section 4980.44 of the Business and Professions Code.
• 26) A state or county public health employee who treats a minor for venereal disease or any other condition.
• 27) A coroner.
• 28) A medical examiner, or any other person who performs autopsies.
• 29) A commercial film and photographic print processor, as specified in subdivision (e) of P.C. 11166. For purposes of the California Child Abuse Reporting Law, “commercial film and photographic print processor” means any person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, for compensation. The term includes any employee of such a person; it does not include a person who develops film or makes prints for a public agency.
• 30) A child visitation monitor. For purposes of the California Child Abuse Reporting Law, “child visitation monitor” means any person who, for financial compensation, acts as monitor of a visit between a child and any other person when the monitoring of that visit has been ordered by acourt of law.
• 31) An animal control officer or humane society officer. For purposes of the California Child Abuse Reporting Law, the following terms have the following meanings:
  • (A) “Animal control officer” means any person employed by a city, county, or city and county for the purpose of enforcing animal control laws and regulations.
  • (B) “Humane society officer” means any person appointed or employed by a public or private entity as a humane officer who is qualified pursuant to Section 14502 or 14503 of the Corporations Code.
• 32) A clergy member, as specified in subdivision (d) of P.C. 11166. For purposes of the California Child Abuse Reporting Law, “clergy member” means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization.
• 33) Any custodian of records of a clergy member, as specified in P.C.11165.7 and subdivision (d) of Section 11166.
• 34) Any employee of any police department, county sheriff’s department, county probation department, or county welfare department.
• 35) An employee or volunteer of a Court Appointed Special Advocate program, as defined in Rule 1424 of the Rules of the Court.
• 36) A custodial officer as defined in Section 831.5 of the Penal Code.
• 37) Any person providing services to a minor child under Section 12300 or 12300.1 of the Welfare and Institutions Code.
• 38) An “alcohol and drug counselor” is a person providing counseling, therapy, or other clinical services for a licensed or certified drug, alcohol, or drug and alcohol treatment program. However, alcohol or drug abuse, or both alcohol and drug abuse, is not in and of itself a sufficient basis for reporting child abuse or neglect.
• 39) A clinical counselor trainee, as defined in subsection (g) of Section 4999.12 of the Business and Professions Code.
• 40) A clinical counselor intern registered under Section 4999.42 of the Business and Professions Code.
• 41) An employee or administrator of a public or private postsecondary institution, whose duties bring the administrator or employee into contact with children on a regular basis, or who supervises those whose duties bring the administrator or employee into contact with children on a regular basis, as to child abuse or neglect occurring on that institution’s premises or at an official activity of, or program conducted by, the institution. Nothing in this paragraph shall be construed as altering the lawyer-client privilege as set forth in Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.
• 42) An athletic coach, athletic administrator, or athletic director employed by any public or private school that provides any combination of instruction for kindergarten, or grades 1 to 12, inclusive.
• 43)
  • (A) A commercial computer technician as specified in subdivision (e) of Section 11166. As used in the article, “commercial computer technician” means a person who works for a company that is in the business of repairing, installing, or otherwise servicing a computer or computer component, including, but not limited to, a computer part, devise, memory storage or recording mechanism, auxiliary storage recording or memory capacity, or any other material relating to the operation and maintenance of a computer or computer network system, for a fee. An employer who provides an electronic communication service or a remote computing service to the public shall be deemed to comply with this Article if that employer complies with Section 2258A of Title 18 of the United States Code.
  • (B) An employer of a commercial computer technician may implement internal procedures for facilitating reporting consistent with this article. These procedures may direct employees who are mandated reporters under this paragraph to report materials described in the subdivision (e) of Section 11166 to an employee who is designated by the employer to receive the reports. An employee who is designated to receive reports under this subparagraph shall be a commercial computer technician for the purposes of this article. A commercial computer technician who makes a report to the designated employee pursuant to this subparagraph shall be deemed to have complied with the requirements of this article and shall be subject to the protections afforded to mandated reporters, including, but not limited to, those protections afforded by Section 11172.
• 44) Any athletic coach, including but not limited to, an assistant coach or a graduate assistant involved in coaching, at public or private postsecondary institutions. NOTE: Unless otherwise stated, volunteers are not mandated reporters.
• 44) Any athletic coach, including, but not limited to, an assistant coach or a graduate assistant involved in coaching, at public or private postsecondary educational institutions.
• 45) An individual certified by a licensed foster family agency as a certified family home, as defined in Section 1506 of the Health and Safety Code.
• 46) An individual approved as a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code.
• 47) A qualified autism service provider, a qualified autism service professional, or a qualified autism service paraprofessional, as defined in Section 1374.73 of the Health and Safety Code and Section 10144.51 of the Insurance Code.
• 48) A human resource employee of a business subject to Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code that employs minors. For purposes of this section, a “human resource employee” is the employee or employees designated by the employer to accept any complaints of misconduct as required by Chapter 6 (commencing with Section 12940) of Part 2.8 of Division 3 of Title 2 of the Government Code.
• 49)
  • (a) An adult person whose duties require direct contact with and supervision of minors in the performance of the minors’ duties in the workplace of a business subject to Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code is a mandated reporter of sexual abuse, as defined in Section 11165.1. Nothing in this paragraph shall be construed to modify or limit the person’s duty to report known or suspected child abuse or neglect when the person is acting in some other capacity that would otherwise make the person a mandated reporter.
  • (b) Except as provided in paragraph (35) of subdivision (a), volunteers of public or private organizations whose duties require direct contact with and supervision of children are not mandated reporters but are encouraged to obtain training in the identification and reporting of child abuse and neglect and are further encouraged to report known or suspected instances of child abuse or neglect to an agency specified in Section 11165.9.
  • (c)
    • (1) Except as provided in subdivision (d) and paragraph
    • (2), employers are strongly encouraged to provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. Whether or not employers provide their employees with training in child abuse and neglect identification and reporting, the employers shall provide their employees who are mandated reporters with the statement required pursuant to subdivision (a) of Section 11166.5. (2) Employers subject to paragraphs (48) and (49) of subdivision (a) shall provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. The training requirement may be met by completing the general online training for mandated reporters offered by the Office of Child Abuse Prevention in the State Department of Social Services.
  • (d) Pursuant to Section 44691 of the Education Code, school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools shall annually train their employees and persons working on their behalf specified in subdivision (a) in the duties of mandated reporters under the child abuse reporting laws. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.
  • (e)
    • (1) On and after January 1, 2018, pursuant to Section 1596.8662 of the Health and Safety Code, a childcare licensee applicant shall take training in the duties of mandated reporters under the child abuse reporting laws as a condition of licensure, and a childcare administrator or an employee of a licensed child daycare facility shall take training in the duties of mandated reporters during the first 90 days when that administrator or employee is employed by the facility.
    • (2) A person specified in paragraph (1) who becomes a licensee, administrator, or employee of a licensed child daycare facility shall take renewal mandated reporter training every two years following the date on which that person completed the initial mandated reporter training. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.
• (f) Unless otherwise specifically provided, the absence of training shall not excuse a mandated reporter from the duties imposed by this article.
• (g) Public and private organizations are encouraged to provide their volunteers whose duties require direct contact with and supervision of children with training in the identification and reporting of child abuse and neglect.

(Amended by Stats. 2020, Ch. 243, Sec. 1. (AB 1963) Effective January 1, 2021.)

11166.  

(a) Except as provided in subdivision (d), and in Section 11166.05, a mandated reporter shall make a report to an agency specified in Section 11165.9 whenever the mandated reporter, in the mandated reporter’s professional capacity or within the scope of the mandated reporter’s employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. The mandated reporter shall make an initial report by telephone to the agency immediately or as soon as is practicably possible, and shall prepare and send, fax, or electronically transmit a written followup report within 36 hours of receiving the information concerning the incident. The mandated reporter may include with the report any nonprivileged documentary evidence the mandated reporter possesses relating to the incident.

(1) For purposes of this article, “reasonable suspicion” means that it is objectively reasonable for a person to entertain a suspicion, based upon facts that could cause a reasonable person in a like position, drawing, when appropriate, on the person’s training and experience, to suspect child abuse or neglect. “Reasonable suspicion” does not require certainty that child abuse or neglect has occurred nor does it require a specific medical indication of child abuse or neglect; any “reasonable suspicion” is sufficient. For purposes of this article, the pregnancy of a minor does not, in and of itself, constitute a basis for a reasonable suspicion of sexual abuse.

(2) The agency shall be notified and a report shall be prepared and sent, faxed, or electronically transmitted even if the child has expired, regardless of whether or not the possible abuse was a factor contributing to the death, and even if suspected child abuse was discovered during an autopsy.

(3) A report made by a mandated reporter pursuant to this section shall be known as a mandated report.

(b) If, after reasonable efforts, a mandated reporter is unable to submit an initial report by telephone, the mandated reporter shall immediately or as soon as is practicably possible, by fax or electronic transmission, make a one-time automated written report on the form prescribed by the Department of Justice, and shall also be available to respond to a telephone followup call by the agency with which the mandated reporter filed the report. A mandated reporter who files a one-time automated written report because the mandated reporter was unable to submit an initial report by telephone is not required to submit a written followup report.

(1) The one-time automated written report form prescribed by the Department of Justice shall be clearly identifiable so that it is not mistaken for a standard written followup report. In addition, the automated one-time report shall contain a section that allows the mandated reporter to state the reason the initial telephone call was not able to be completed. The reason for the submission of the one-time automated written report in lieu of the procedure prescribed in subdivision (a) shall be captured in the statewide child welfare information system. The department shall work with stakeholders to modify reporting forms and the statewide child welfare information system as is necessary to accommodate the changes enacted by these provisions.

(2) This subdivision shall not become operative until the statewide child welfare information system is updated to capture the information prescribed in this subdivision.

(3) This subdivision shall become inoperative three years after this subdivision becomes operative or on January 1, 2009, whichever occurs first.

(4) This section does not supersede the requirement that a mandated reporter first attempt to make a report via telephone, or that agencies specified in Section 11165.9 accept reports from mandated reporters and other persons as required.

(c) A mandated reporter who fails to report an incident of known or reasonably suspected child abuse or neglect as required by this section is guilty of a misdemeanor punishable by up to six months confinement in a county jail or by a fine of one thousand dollars ($1,000) or by both that imprisonment and fine. If a mandated reporter intentionally conceals the mandated reporter’s failure to report an incident known by the mandated reporter to be abuse or severe neglect under this section, the failure to report is a continuing offense until an agency specified in Section 11165.9 discovers the offense.

(d) (1) A clergy member who acquires knowledge or a reasonable suspicion of child abuse or neglect during a penitential communication is not subject to subdivision (a). For the purposes of this subdivision, “penitential communication” means a communication, intended to be in confidence, including, but not limited to, a sacramental confession, made to a clergy member who, in the course of the discipline or practice of the clergy member’s church, denomination, or organization, is authorized or accustomed to hear those communications, and under the discipline, tenets, customs, or practices of the clergy member’s church, denomination, or organization, has a duty to keep those communications secret.

(2) This subdivision does not modify or limit a clergy member’s duty to report known or suspected child abuse or neglect when the clergy member is acting in some other capacity that would otherwise make the clergy member a mandated reporter.

(3) (A) On or before January 1, 2004, a clergy member or any custodian of records for the clergy member may report to an agency specified in Section 11165.9 that the clergy member or any custodian of records for the clergy member, prior to January 1, 1997, in the clergy member’s professional capacity or within the scope of the clergy member’s employment, other than during a penitential communication, acquired knowledge or had a reasonable suspicion that a child had been the victim of sexual abuse and that the clergy member or any custodian of records for the clergy member did not previously report the abuse to an agency specified in Section 11165.9. The provisions of Section 11172 shall apply to all reports made pursuant to this paragraph.

(B) This paragraph shall apply even if the victim of the known or suspected abuse has reached the age of majority by the time the required report is made.

(C) The local law enforcement agency shall have jurisdiction to investigate any report of child abuse made pursuant to this paragraph even if the report is made after the victim has reached the age of majority.

(e) (1) A commercial film, photographic print, or image processor who has knowledge of or observes, within the scope of that person’s professional capacity or employment, any film, photograph, videotape, negative, slide, or any representation of information, data, or an image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image depicting a child under 16 years of age engaged in an act of sexual conduct, shall, immediately or as soon as practicably possible, telephonically report the instance of suspected abuse to the law enforcement agency located in the county in which the images are seen. Within 36 hours of receiving the information concerning the incident, the reporter shall prepare and send, fax, or electronically transmit a written followup report of the incident with a copy of the image or material attached.

(2) A commercial computer technician who has knowledge of or observes, within the scope of the technician’s professional capacity or employment, any representation of information, data, or an image, including, but not limited to, any computer hardware, computer software, computer file, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image that is retrievable in perceivable form and that is intentionally saved, transmitted, or organized on an electronic medium, depicting a child under 16 years of age engaged in an act of sexual conduct, shall immediately, or as soon as practicably possible, telephonically report the instance of suspected abuse to the law enforcement agency located in the county in which the images or materials are seen. As soon as practicably possible after receiving the information concerning the incident, the reporter shall prepare and send, fax, or electronically transmit a written followup report of the incident with a brief description of the images or materials.

(3) For purposes of this article, “commercial computer technician” includes an employee designated by an employer to receive reports pursuant to an established reporting process authorized by subparagraph (B) of paragraph (43) of subdivision (a) of Section 11165.7.

(4) As used in this subdivision, “electronic medium” includes, but is not limited to, a recording, CD-ROM, magnetic disk memory, magnetic tape memory, CD, DVD, thumbdrive, or any other computer hardware or media.

(5) As used in this subdivision, “sexual conduct” means any of the following:

(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between humans and animals.

(B) Penetration of the vagina or rectum by any object.

(C) Masturbation for the purpose of sexual stimulation of the viewer.

(D) Sadomasochistic abuse for the purpose of sexual stimulation of the viewer.

(E) Exhibition of the genitals, pubic, or rectal areas of a person for the purpose of sexual stimulation of the viewer.

(f) Any mandated reporter who knows or reasonably suspects that the home or institution in which a child resides is unsuitable for the child because of abuse or neglect of the child shall bring the condition to the attention of the agency to which, and at the same time as, the mandated reporter makes a report of the abuse or neglect pursuant to subdivision (a).

(g) Any other person who has knowledge of or observes a child whom the person knows or reasonably suspects has been a victim of child abuse or neglect may report the known or suspected instance of child abuse or neglect to an agency specified in Section 11165.9. For purposes of this section, “any other person” includes a mandated reporter who acts in the person’s private capacity and not in the person’s professional capacity or within the scope of the person’s employment.

(h) When two or more persons, who are required to report, jointly have knowledge of a known or suspected instance of child abuse or neglect, and when there is agreement among them, the telephone report may be made by a member of the team selected by mutual agreement and a single report may be made and signed by the selected member of the reporting team. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report.

(i) (1) The reporting duties under this section are individual, and no supervisor or administrator may impede or inhibit the reporting duties, and no person making a report shall be subject to any sanction for making the report. However, internal procedures to facilitate reporting and apprise supervisors and administrators of reports may be established provided that they are not inconsistent with this article. An internal policy shall not direct an employee to allow the employee’s supervisor to file or process a mandated report under any circumstances.

(2) The internal procedures shall not require any employee required to make reports pursuant to this article to disclose the employee’s identity to the employer.

(3) Reporting the information regarding a case of possible child abuse or neglect to an employer, supervisor, school principal, school counselor, coworker, or other person shall not be a substitute for making a mandated report to an agency specified in Section 11165.9.

(j) (1) A county probation or welfare department shall immediately, or as soon as practicably possible, report by telephone, fax, or electronic transmission to the law enforcement agency having jurisdiction over the case, to the agency given the responsibility for investigation of cases under Section 300 of the Welfare and Institutions Code, and to the district attorney’s office every known or suspected instance of child abuse or neglect, as defined in Section 11165.6, except acts or omissions coming within subdivision (b) of Section 11165.2, or reports made pursuant to Section 11165.13 based on risk to a child that relates solely to the inability of the parent to provide the child with regular care due to the parent’s substance abuse, which shall be reported only to the county welfare or probation department. A county probation or welfare department also shall send, fax, or electronically transmit a written report thereof within 36 hours of receiving the information concerning the incident to any agency to which it makes a telephone report under this subdivision.

(2) A county probation or welfare department shall immediately, and in no case in more than 24 hours, report to the law enforcement agency having jurisdiction over the case after receiving information that a child or youth who is receiving child welfare services has been identified as the victim of commercial sexual exploitation, as defined in subdivision (d) of Section 11165.1.

(3) When a child or youth who is receiving child welfare services and who is reasonably believed to be the victim of, or is at risk of being the victim of, commercial sexual exploitation, as defined in Section 11165.1, is missing or has been abducted, the county probation or welfare department shall immediately, or in no case later than 24 hours from receipt of the information, report the incident to the appropriate law enforcement authority for entry into the National Crime Information Center database of the Federal Bureau of Investigation and to the National Center for Missing and Exploited Children.

(k) A law enforcement agency shall immediately, or as soon as practicably possible, report by telephone, fax, or electronic transmission to the agency given responsibility for investigation of cases under Section 300 of the Welfare and Institutions Code and to the district attorney’s office every known or suspected instance of child abuse or neglect reported to it, except acts or omissions coming within subdivision (b) of Section 11165.2, which shall be reported only to the county welfare or probation department. A law enforcement agency shall report to the county welfare or probation department every known or suspected instance of child abuse or neglect reported to it that is alleged to have occurred as a result of the action of a person responsible for the child’s welfare, or as the result of the failure of a person responsible for the child’s welfare to adequately protect the minor from abuse when the person responsible for the child’s welfare knew or reasonably should have known that the minor was in danger of abuse. A law enforcement agency also shall send, fax, or electronically transmit a written report thereof within 36 hours of receiving the information concerning the incident to any agency to which it makes a telephone report under this subdivision.

(Amended by Stats. 2022, Ch. 50, Sec. 10. (SB 187) Effective June 30, 2022.) 

cited https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=11166
cited https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=11165.7

taken from the whole section
ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 – 11174.3]
California Penal Code Sections 11164-11174.3

Scott A. Weiss source

On the night of Wednesday, June 30, 2021, the body of adult entertainment industry performer Dahlia Sky was found in her car in the Devonshire area of the San Fernando Valley in Los Angeles, dead from what appeared to be a self-inflicted gunshot wound. She was 31 years old.

The LA County Department of Medical Examiner-Coroner confirmed her death was indeed a suicide, and the LAPD agreed. “Based upon the evidence and the investigation, everything we saw from the moment the officers got there, there’s no indication of any evidence of foul play,” said LAPD investigator Dave Peteque. “We concur with the coroner’s findings.”

Sky, born Melissa Sims-Hayes, was a veteran performer with more than 600 credits to her name and had been battling stage 4 metastatic breast cancer and depression, something she regularly posted about on social media. “I’m devastated to hear of (Dahlia’s) passing,” tweeted 2015 AVN industry performer of the year award winner Annika Albrite. “She was my first real friend in this industry. This hit too close to home. It could be any of us next. Depression is a bitch & something many battle w/ every day.”

Sky’s suicide comes on the heels of the death of another industry performer who ironically shared the same stage name as her. On June 10, 2021, 27-year-old Dakota Skye was found dead by her husband at a motorhome in Los Angeles, a victim of what appeared to be suicide. As people close to her would soon reveal, Skye, born Lauren Scott, had been battling alcohol and fentanyl addiction, and was the recent victim of a “cyber-bullying” campaign targeting her after she made the questionable choice to post on social media an image of herself standing next to a George Floyd mural, topless.

Skye’s aunt Linda Arden told The Sun that the adult film actress was found “with nothing. All she had was a plastic bag with some clothes.” Arden also said that Skye had battled demons all of her life, and “was a product of a highly dysfunctional family involving drugs, alcohol, physical, emotional, verbal, and sexual abuse.”

Death by suicide after an apparent cyber-bullying campaign targeting a porn star is not new to the industry. In December 2017, 23 year-old August Ames, born Mercedes Grabowski in Canada, was found hanging from a tree in a park in Camarillo, California. Ames, who struggled with depression and had made an attempt on her own life only a few months prior, had drawn criticism in the weeks leading up to her death for publicizing her decision to not participate in a scene with Jaxton Wheeler, a male performer who had been known to do male-on-male scenes. Labeled “homophobic” by some of her peers, including Wheeler, who suggested she “take a cyanide pill” or retract her statements, the online trolling proved to be too much for Ames, who left behind a suicide letter outlining her struggles.

Add those names to the growing list of famous porn stars who took their own lives and what starts to emerge is a troubling statistic that adult entertainment industry performers are killing themselves at an alarming rate.

Emma Hix, a popular performer and close friend of Ames up until her death, believes what is happening to her friends and colleagues is a reflection of a problem that goes beyond the adult entertainment industry. “I don’t think it’s necessarily just porn stars committing suicide,” she says.” The suicide rate has gone up drastically, but when a porn star commits suicide, the news spreads like wildfire.” According to the Center for Disease Control and Prevention’s (CDC) Leading Causes of Death Report, in 2019, suicide was the second leading cause of death in the United States among individuals between the ages of 10 and 34, and from 1999 to 2019, the total age-adjusted suicide rate increased 35.2% from 10.5 per 100,000 to 13.9 per 100,000. Though official numbers have not yet been recorded for 2020, a year in which Americans experienced unprecedented medical and economic challenges, preliminary estimates suggest that the U.S. had 2,677 fewer suicide deaths in 2020 than in 2019, a 5.6% decline, according to an analysis of government data published in the medical journal JAMA. While that statistic may provide some relief, it’s hard to ignore the 35% historical increase over a 20 year period.

Academic scholars around the country have been working tirelessly to try and identify the causes of the spike. In the opinion of Jean Twenge, a social psychologist at San Diego State University who wrote about teenage suicide for the Washington Post in 2017, “all signs point to the screen.” According to Twenge, teens who spend five or more hours per day online were 71 percent more likely than those spending just one hour per day to have at least one suicide risk factor. In the cases of August Ames and Dakota Skye, both victims of aggressive cyberbullying who simply couldn’t shake their social media habit, there exists a clear link between their screen time habits and the decision to take their own lives. But for the 47,511 people in the US who took their own lives in 2019, social media addiction may have only been part of the problem.

Other possible factors include untreated depression, drug use, or a combination of both. In an article published by the American Journal of Psychiatry, Michael Esang, M.B.B.Ch., M.P.H., and Saeed Ahmed, M.D. site research concluding that “90% of people who die by suicide have one or more concomitant psychiatric disorders, including bipolar disorder, unipolar affective disorder, schizophrenia or anxiety disorders.” When combined with substance use disorders, according to the research, the risk of suicide increases further, with the prevalence of lifetime suicide attempts among patients with alcohol use disorder and bipolar disorder reported to be between 21% and 42%, for example.

Does that mean that many, if not most of the women who choose to enter into a career in the adult entertainment industry suffer from one or more of these afflictions? Cheri DeVille, a 42-year old veteran performer, wrote about her experiences for the Daily Beast in the midst of last year’s pandemic. “Like many porn stars,” she writes, “I would likely be dealing with mental health even if I wasn’t a sex worker during the pandemic.” She goes on to share the details of her bouts with anxiety, dating back to childhood. “The disease — and it is a disease―runs in my family. Some families fight genetic heart conditions; others tackle anxiety. I have succeeded in porn both despite and because of my mental health problems.”

While many performers bring their mental health and/or drug and alcohol abuse problems with them to the adult entertainment industry; some develop symptoms as a direct result of working in a business known for its often punishing and stressful working environment, where discrimination, exploitation, and outright abuse is often tolerated. Shelley “Roxy” Luben, a one-time performer who left the industry to start the Pink Cross Foundation, a faith-based organization designed to provide outreach and evangelism to performers and support to those wishing to leave the industry, was vocal about her belief that working in porn causes irreparable physical and psychological harm to performers. Lubben, who died in 2019 of unknown causes at age 50, had battled drug and alcohol dependency problems of her own both in and out of the industry, had stated that the sex acts women perform on film sets are physically harmful (including anal and uterine hemorrhaging), and psychologically traumatizing.

Many who decide to get out of the business and try to lead a civilian life often find that transition difficult, if not impossible. Gauge (real name Elizabeth Deans), a popular performer who started working in the industry at age 18 and racked up over 140 credits before leaving the business in 2005, attempted several “legitimate” careers, and even went to school to become a surgical tech. Forced to change jobs multiple times after someone would inadvertently recognize her, she eventually returned to the industry at age 33, unable to generate the kind of financial support for her family working outside of porn that she could get working in it.

At every job you apply for you will either have to disclose your background, or hide your past and prove yourself, hoping when the truth comes out you will be kept on,” Cindi Loftus, the editor of porn website Luke Is Back, told Salon Magazine in 2013. This inability to reinvent yourself once you’ve become established in the adult entertainment industry could be a big reason why so many performers stay working in the business, despite the risks to their mental and physical health. It could also be a contributing factor to the high number of suicides amongst performers.

At a meeting of the American Psychiatric Association (APA) in 2011, researcher Igor Galynker presented his theory that “a state of mind of intolerable anxiety, overwhelming negative emotions, and frantic hopelessness that influence people to act on suicidal thoughts. Galynker and his colleagues created a “Suicide Trigger Scale”, designed to measure the reactions of at-risk individuals when asked if they feel “trapped”, like their “head could explode from too many thoughts”, or if “there is no exit” and it feels like “the world is closing in around you”. The scale is designed to help prevent more suicides, but it only works if a friend or family member can get through to someone in trouble. And even then, there’s only so much they can do to stop it.

The family of August Ames knows this all too well. Born Mercedes Grabowski in Canada in 1994, Ames, after taking her own life, left behind a loving mother, father, two brothers, husband, and friends in and out of the industry who adored her. Her older brother James, a lumberman in Edmonton, Alberta, encouraged his sister to come home after her first attempt on her own life, which landed her in the hospital. “I knew she needed to be around people that loved her for her, not for the image she portrayed on screen,” says James. “She was planning to visit me over the Christmas holiday, but unfortunately, that never happened.”

In a statement posted on her website shortly after her death, Ames’ widower, Kevin Moore wrote about the challenges performers who need the most help seek in receiving it. “The performer community does not have adequate access to mental health services. While Mercedes did have professional support that cared about her, it was unnecessarily hard for her to find someone who would treat her,” he said. Part of the problem is a lack of resources. Performer Nikki Hearts told Rolling Stone in an interview shortly after Ames’ death that most performers, both contract and freelance, still lack health insurance or benefits from their employers.

Some performers are taking matters into their own hands. Leya Tanit, a performer in Britain, created a performer hotline, Pineapple Support, after learning about the increasing number of performer suicide in the industry. On its website, the group describes itself as “free support and therapy service for all persons working in the online adult industry — no matter their gender, ethnic origin, social status, age or sexual orientation. We have an ever growing team of sex-worker friendly, kink-aware therapists who offer face-to-face and online video therapy sessions.” The service operates a network of volunteer therapists who provide in-person and online counseling, and funds itself through donations and charitable contributions.

Few would argue that the porn industry is alone in its efforts to battle the increasing number of suicides amongst its performer population. Arthur C. Brooks, a professor of public leadership at the Harvard Kennedy School and a bestselling author, wrote about the suicide epidemic in the United States for the Washington Post in 2020. “To turn the tide on this crisis, in addition to better identification and treatment of suicidality, we urgently need to raise public awareness and shift the direction of public opinion on suicide in the United States.” The efforts of people like Brooks appear to be working. In April of this year, President Biden issued a proclamation declaring May, 2021 “National Mental Health Awareness Month.” “Even before COVID-19, the prevalence of mental health conditions in our Nation was on the rise,” the President said in the proclamation. In 2019, nearly 52 million adults experienced some form of mental illness. We must treat this as the public health crisis that it is and reverse this trend.” Only time will tell whether or not this administration takes any meaningful steps to address the crises.

For those struggling with mental health disorders and the people closest to them, James Grabowksi says that what happened to his sister should serve as a cautionary tale. “In hindsight, Mercedes didn’t have the resources she needed to help her get through what she was going through. I wish there was more I could have done for her, and if I could, I’d go back in time and make sure she received the care she needed.”

Hopefully others will heed his advice.

Why porn stars are dying at an alarming rate

By Linda Massarella source

Olivia Lua, a 24-year-old doe-eyed brunette from Philadelphia, was an instant hit when she joined the LA porn scene in 2016.

She shot dozens of scenes for hard-core movies like “Helpless Teens” before being handed a lucrative contract in April 2017 with porn producer LA Direct Models.

Lua — who also went by Olivia Voltaire — described herself as an “exhibitionist” and posted graphic images of herself having sex on social media.

She thrived in her new career, and was nominated last year for Best New Actress at the Adult Video News Awards.

It was when the cameras were off that she fell apart.

“Unlovable,” she wrote on Twitter Jan. 13, three months after LA Direct Models canceled her contract. They later said she had been showing up to work high.

On Jan. 18 — the day before she was found dead of a suspected overdose of drugs and alcohol — she tweeted a picture of herself with the caption: “I feel it everywhere. Nothing scares me anymore.”

Lua was the fifth porn star to die in seven months, with industry officials attributing the tragedies to either suicide or overdoses.

The statistic is shocking, insiders say — but the root of the problem is not. Like the underemployed and unemployed across America, the young women struggled with a lack of steady work.There are now more porn actors than ever, thanks to increasing platforms, as well as growing mainstream acceptance. That makes the competition fierce.

Meanwhile, the pay hasn’t gone up in years. To make any kind of decent money, porn performers have to work a lot — or do super kinky scenes.

Ela Darling, an eight-year veteran of the porn industry and past president of the Adult Performer Advocacy Committee, said actresses are paid between $500 to $700 to have sex with another girl and up to $1,000 to get down with a guy.

But the rate can double or triple if a performer is willing to have multiple partners or participate in anal sex or “anything extreme,” she said.

She said the money hasn’t increased, partly because studios say they’re making less profit now, since content is often pirated by streaming sites that show it for free. There also are the “outliers who are happy to accept lower rates,’’ Darling said.Still, she said, high-demand performers can routinely pull in six-figure salaries because they have enough clout to negotiate ownership rights and can rebroadcast footage elsewhere.

 

“When the camera is on, everybody is happy,” said behavioral scientist Gad Saad, a chair at the John Molson School of Business in Montreal, who studies the porn industry.

“The problem is that the work dries up. The phone stops ringing, and they say, ‘Now what?’ Porn stars aren’t the best at making a ‘what if’ plan for their future.”

He insisted that people who enter porn are no more prone to mental issues than anyone else.

In 2012, “the widest study ever conducted . . . showed porn stars did not come from a background of sexual abuse and, in fact, had higher esteem than the normal population,” Saad said.

Darling, 31, agreed.

“Porn is a fine job,” she said. “What’s tough is that it’s freelance. What’s tough is the down periods when you’re alone with yourself, thinking, ‘Will I ever work again?’ ”

Darling said the “feast-or-famine” business — new recruits are often in demand until they’re not — is part of the reason her best friend, January Seraph, killed herself.

Seraph, who hanged herself July 22 in her San Francisco apartment, is considered the first in the rash of deaths.

Seraph, 31, was a star of more than 50 videos with titles such as “Digital Sin” and “Leather Dominance.”

But Darling said Seraph, whom she described as “the sweetest person in the world,” struggled with the lulls and often discussed what to do when producers stopped calling.

“It’s not like you can stop being a porn star and be a teacher. And not being busy can lead to bad things,” Darling said.

APAC President Mia Lia, a veteran sex performer, called the rash of deaths a troubling pattern.

“One death is a lot to deal with, but five? That’s just unheard of,” she said. “We are collectively rattled.”

Yuri Luv was one considered a rock-star veteran of the porn industry. Born Yurizan Beltran in Los Angeles, the buxom brunette worked for eight years and was nominated for several awards, including an XBIZ for “Best Scene — All Girls” for 2014’s “Lesbians Unchained.”

She was featured in 28 movies in 2012 and 22 in 2013, but in 2016, she appeared in just three.

On Dec. 13, Luv’s body was found in her Bellflower, Calif., apartment by her landlord. She was 31.

Nickey Milo, a fellow performer, said pills were found near her bed.

Performer Carmen Valentina told The Post that porn is a rough business to age in.

Valentina, who started her own sex webcam business because she didn’t want to rely on outside producers, is also 31 and constantly struggling to remain relevant.

“When you first get in, everybody loves you, but there are always new girls coming in, and it’s easy to feel discarded. You really have to have your head on straight to get through it,” she said.

Valentina said porn is no different than being a regular movie star where you rely on image — and feel crushed if you don’t get called.

“It’s a career where you have to rely on your looks. When you’re young and pretty, you think it’s going to last forever, but when it doesn’t, that’s when you have to tap your inner strength.”

Like Luv, Adult Hall of Famer Shyla Stylez saw the work dry up as she got older.

Stylez, from Vancouver, moved to the so-called Porn Valley in California after high school to become an adult-film star. She appeared in more than 400 films, including “Perverted Point of View,” before calling it quits in 2016 and going home.

She passed away on Nov. 9 at age 31. Her family would not reveal the specifics.

Fellow adult film star Alana Evans called Stylez a tragic film goddess, like Marilyn Monroe.

She tweeted, “At a loss for words. So sad that my old friend @MsShylaStylez has left us. You were one of the most beautiful woman I’ve ever known.”

August Ames, 23, said on Dec. 3 that she had been “replaced” for a LA Direct films scene the week before, tweeting out what seemed to be a sour-grapes message.

“Whichever (lady) performer is replacing me tomorrow for @EroticaXNews, you’re shooting with a guy who has shot gay porn, just to let cha know,” she wrote.

Ames suddenly found herself being trolled by bullies who accused her of being anti-gay. The Nova Scotia native committed suicide Dec. 6 in her Los Angeles apartment.

Porn queen Jenna Jameson, 43, called Ames’ death “disappointing and tragic.”

“The scariest part of the attacks on @AugustAmesxxx is that they were led by quite a few big females in the adult industry. These women fanned the flames of the trolling against August,” she tweeted.

APAC’s Lia said she had worked with Ames and thought she was “super sweet.” But she added it’s hard for performers to switch to private mode when dealing with family and friends — or social media’s judgment.

“It’s exhausting,” she said.

To compound matters, Lia said many sex workers do not have health insurance and can’t afford to pay for therapy. She and her colleagues have begun distributing a list of affordable “sex positive” mental-health workers as a result.

Saad said the one thing that might help stars is an exit strategy.

“According to the data . . . they’re happy when they get there,” he said. “But when my star starts to dwindle and my body has been used 33,000 times, what do I do? What’s going to happen? They don’t seem to think about that.”

The Average Life Expectancy Of A Porn Star

Rev. Daniel R. Jennings, M.A. source

          The pornographic industry has become a colossal, worldwide business empire. In 2006 revenue from pornography equaled some $97 Billion dollars. In times past pornographic actors were shady characters who kept their real identities secretly under guard. Now, with the growing acceptance of pornography into the mainstream, they are going on the talk show circuits, appearing on network news, publishing best seller biographies and working their way into the idol status that once only traditional actors and sports players held. With their growing acceptance into the mainstream has also come an unprecedented look into the real, day to day lives of the average porn star. While porn stars are quick to defend themselves as average and normal people who have only chosen an “unusual” profession an analysis of their lives shows that porn stars live and die in a completely abnormal way.

          When the deaths of 129 porn stars over a period of roughly 20 years were analyzed it was discovered that porn stars experienced an unusually large number of premature deaths from such causes as drugs, suicide, murder, alcohol abuse, accidental death, and disease. When the death ages of these porn stars were averaged it was discovered that the average life expectancy of a porn star is only 37.43 years whereas the average life expectancy of an American is 78.1 years.

          The following chart was created to demonstrate this. These numbers were not “rigged”. The death of any porn star, regardless of whether they were young or old, was included. Most, however, as the chart shows, died young. After reviewing the chart please scroll down to the bottom for a final message

THIS IS SAD, TURN YOUR LIVES AWAY FROM SIN, FIND GOD AND PEACE PLEASE DO NOT HARM YOURSELF, HEAL YOURSELF WITH GOD AND GOOD THOUGHTS!
JESUS FORGIVES EVERYONE YOU ARE INCLUDED IN THE WORD EVERYONE, JUST WALK AWAY FROM IT! YOU CAN DO IT, GOD IS WAITING! 

Average Life Expectancy Of A Porn Star = 37.43 years

Average Life Expectancy Of An American = 78.1 years

Do not be deceived; God is not mocked: for whatever a man sows, that he shall also reap. Gal 6:7

The Bible tells us that in one day God struck 23,000 fornicators dead and He is doing the same thing to immoral people today:

Neither let us commit fornication, as some of them

committed, and in one day twenty three thousand fell. 1Co 10:8

Becoming involved with pornography will bring God’s judgment upon you. Learn from the mistake of these men and women and do not allow their fate to become yours.

Let no one deceive you with empty words, for because of these things the wrath of God

comes upon the sons of disobedience. Therefore do not be partakers with them. Eph 5:6-7