California Penal Code 11171.5 – (a) If a peace officer, in the course of an investigation of …
(a) If a peace officer, in the course of an investigation of child abuse or neglect, has reasonable cause to believe that the child has been the victim of physical abuse, the officer may apply to a magistrate for an order directing that the victim be X-rayed without parental consent.
Any X-ray taken pursuant to this subdivision shall be administered by a physician and surgeon or dentist or their agents.
Terms Used In California Penal Code 11171.5
- child: means a person under the age of 18 years. See California Penal Code 11165
- child abuse or neglect: includes physical injury or death inflicted by other than accidental means upon a child by another person, sexual abuse as defined in Section 11165. See California Penal Code 11165.6
- county: includes "city and county". See California Penal Code 7
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- magistrate: signifies any one of the officers mentioned in Section 808. See California Penal Code 7
- 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. See California Penal Code 11165.2
- peace officer: signify any one of the officers mentioned in Chapter 4. See California Penal Code 7
- person: includes a corporation as well as a natural person. See California Penal Code 7
(b) With respect to the cost of an X-ray taken by the county coroner or at the request of the county coroner in suspected child abuse or neglect cases, the county may charge the parent or legal guardian of the child-victim the costs incurred by the county for the X-ray.
(c) No person who administers an X-ray pursuant to this section shall be entitled to reimbursement from the county for any administrative cost that exceeds 5 percent of the cost of the X-ray.
(Amended by Stats. 2000, Ch. 916, Sec. 30. Effective January 1, 2001.)