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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California child abuse law re physical abuse:
Physical Abuse
Citation: Penal Code §§ 11165.6; 11165.3
Child abuse or neglect includes:
* Physical injury inflicted by other than accidental means upon a child by another person
* Willful harming or injury of the child or the endangering of the person or health of the child
* Unlawful corporal punishment or injury
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.
(Underlined emphasis mine. Legally, the works of Tripp, the Pearls, the ( ... )
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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 ( ... )
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a) Social workers;
b) School personnel;
c) Healthcare providers;
d) Mental health professionals;
e) Childcare workers (depending on membership, some members of trainupachild and babywise may fall under this requirement, and in fact technically anyone who regularly babysits a child may qualify as well);
f) Medical examiners or coroners;
g) Law enforcement;
h) Film processors;
i) Probation officers; and
j) Members of the clergy (for the record, California does accept ULC ordination as valid, so technically everyone who has ever become a ULC minister online is a mandated reporter under California law, for the record, yes, I would also qualify here).
Mind, this is just California law; in 18 states any citizen who sees signs of potential abuse is mandated to report it, and categories a)-g) are pretty much universal across all states. California also has a state requirement that mandatory reporters ( ... )
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Professionals Required to Report ( ... )
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Cal. Penal Code § 11172(a), (b) (LexisNexis through 2005 Ch. 468)
No mandated reporter shall be civilly or criminally liable for any report required or authorized by this article, and this immunity shall apply even if the mandated reporter acquired the knowledge or reasonable suspicion of child abuse or neglect outside of his or her professional capacity or outside the scope of his or her employment.
Any other person reporting a known or suspected instance of child abuse or neglect shall not incur civil or criminal liability as a result of any report authorized by law, unless it can be proven that a false report was made and the person knew that the report was false or was made with reckless disregard of the truth or falsity of the report, and any person who makes a report of child abuse or neglect known to be false or with reckless disregard of the truth or falsity of the report is liable ( ... )
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