Pen. Code, § 11165.2 · Article 2.5. Child Abuse and Neglect Reporting Act
Pen. Code, § 11165.2
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
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 their 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 but the child is at substantial risk of suffering serious physical harm or illness. “General neglect” does not include a parent’s economic disadvantage.
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.
Notes and commentary — not statutory text
History
Amended by Stats. 2022, Ch. 770, Sec. 1. (AB 2085) Effective January 1, 2023.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=11165.2.
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- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Welfare and Institutions Code
Cited by 15 provisions
Provisions in this library whose text cites Pen. Code, § 11165.2. Each shows the citation as that text prints it.
Education Code
- Ed. Code, § 44932Printed as Sections 11165.2 to 11165.6, inclusive, of the Penal Code
- Ed. Code, § 44944Printed as Sections 11165.2 to 11165.6, inclusive, of the Penal Code
- Ed. Code, § 45113Printed as Sections 11165.2 to 11165.6, inclusive, of the Penal Code
- Ed. Code, § 45312Printed as Sections 11165.2 to 11165.6, inclusive, of the Penal Code
Evidence Code
Health and Safety Code
Penal Code
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