Update: LJ *admits* they can't judge what is legal and what isn't!
In a followup to a story I've written re LJ tolerating communities promoting "Bible-based baby beating" whilst nuking fandom communities and fanart posters (original post here and mirrored on this community, update here and mirrored on Innocence Jihad here), it seems that LJ Abuse got back to me in regards to one of the missives I sent them (
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Emotional Abuse
Citation: Penal Code § 11166.05
Serious emotional damage is evidenced by states of being or behavior including, but not limited to, severe anxiety, depression, withdrawal, or untoward aggressive behavior toward self or others.
(This is in fact documentable in spades with posts on babywise (including a documented case where a nine month old child was gagging himself in imitation of how his mom would gag him because he was "eating something he shouldn't"--a specific recommendation of the Ezzo books--and even with a few of the public posts on trainupachild (and certainly so with the linked sites).)
I note California law specifically as Livejournal has stated in its own TOS that it is following California law for purposes of jurisdiction.
According to the legal defintions re child abuse and neglect, much of the info promoted by the Pearls, Tedd Tripp, and the Ezzos would meet the legal requirements for child abuse and neglect (defining child abuse as purposeful infliction of physical harm and child neglect as failure to provide for the needs of a child); in addition, California law has specific provisions prohibiting emotional abuse of children, and of note, California does not have a specific "chastening loophole" that allows "reasonable physical discipline" to be exempted (which is a very common loophole in some states used to exempt religiously motivated child abuse--even things as extreme as bruising or breaking of skin are given leeway as "reasonable discipline" in some states).
Per California law, reports are required in the following circumstances by mandatory reporters:
A report is required when a parent:
* Willfully causes or permits harm to the child
* Has inflicted by nonaccidental means injury on the child
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